Lao People's Democratic Republic Peace Independence Democracy Unity Prosperity **************** MINISTRY OF PUBLIC WORKS AND TRANSPORT Department of Waterways Southeast Asia Disaster Risk Management Project Project ID No: P170945 Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay Province Draft Environmental and Social Management Plan (ESMP) Volume 2 Attachments (Revised) 25 July 2022 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Table of Contents ACRONYMS AND ABBREVIATIONS .................................................................................. 1 ATTACHMENT 1 KEY NATIONAL REGULATIONS AND INTERNATIONAL REGULATORY FRAMEWORK TO BE APPLIED .............................................................. 4 ATTACHMENT 2: PROJECT LOCATION AND DESCRIPTION .................................... 10 ATTACHMENT 3: RESULTS FROM SAFEGUARD SCREENING .................................. 20 ATTACHMENT 4: ENVIRONMENT AND SOCIAL BACKGROUND ............................. 26 ATTACHMENT 5: KEY ISSUES AND MITIGATION MEASURES FOR BKX PROJECT ESMP AND C-ESMP ........................................................................................... 48 ATTACHMENT 6A: PROJECT ENVIRONMENTAL CODE OF PRACTICE (ECOP) ... 73 ATTACHMENT 6B: PROJECT CODE OF CONDUCT (COC) ON SEXUAL EXPLOITATION AND ABUSE (SEA), SEXUAL HARASSMENT (SH), AND VIOLENCE AGAINST CHILDREN (VAC), ........................................................................ 92 ATTACHMENT 7: SAMPLE FORM ON GRM MONITORING AND ACCIDENT REPORT ............................................................................................................................... 110 ATTACHMENT 8: CONTINGENCY PLANNING IN RESPONSE TO COVID-19 ........ 113 ATTACHMENT 9: NOTES FROM CONSULTATION MEETINGS ................................ 117 ESMP Attachment 1-9 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province ACRONYMS AND ABBREVIATIONS AF Additional Financing AHH Affected Households ARAP Abbreviated Resettlement Action Plan ASEAN Association of Southeast Asian Nations BD Bidding Document CD Contract Document CBO Community Based Organizations COC Code of Conduct on GBV and VAC COI Corridor of Impacts C&R Compensation and Resettlement CSC Construction Supervision Consultant CSO Civil Society Organization DAFO District Agriculture and Forestry Office DDMC District Disaster Management Committee DCC Department of Climate Change DMS Detailed Measurement Survey DOE Department of Environment DONRE Department of Natural Resources and Environment DOW Department of Waterways DPCI Department of Pollution Control and Inspection DPWT Department of Public Works and Transport DRM Disaster Risk Management DRO District Resettlement Office DRR Disaster Risk Reduction DUPH Department of Urban Planning and Housing EIA Environmental Impacts Assessment ECC Environmental Compliance Certificate ECOP Environmental Code of Practice EDPD Environmental Research and Disaster Prevention Division (of PTI) ESMP Attachment 1-9 1 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province EG Ethnic Group EGEF Ethnic Group Engagement Framework EGEP Ethnic Group Engagement Plan EPL Environmental Protection Law ESHS Environmental, Social, Health, and Safety ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plan FE Field Engineer GBV Gender-Based Violence GDP Gross Domestic Product GIS Geographic Information System GCLS Grievance and Complaints Logging System GOL Government of Lao PDR GRC Grievance Redress Committee GRM Grievance Redress Mechanism GRS Grievance Redress Service ICT Information Communication Technologies IEE Initial Environmental Examination ISWS Implementation Support and Works Supervision Lao PDR Lao People’s Democratic Republic LA/LC Local Authority/ Local Community LDRM-AF Lao Disaster Risk Management – Additional Financing LFND Lao Front for National Development LWU Lao Women’s Union MASL Metre Above Sea Level M&E Monitoring and Evaluation MOF Ministry of Finance MONRE Ministry of Natural Resources and Environment MPI Ministry of Planning and Investment MPWT Ministry of Public Works and Transport Environmental and Social Management Plan 2 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province NPA National Protected Areas NSEDP National Socio-economic Development Plan NUOL National University of Laos ODX Oudomxay Province O&M Operation and Maintenance OP/BP Operational Policies/ Bank Procedures PA Protected Area PAH Project Affected Household PAP Project Affected People PDNA Post Disaster Needs Assessment PDO Project Development Objective PDR People's Democratic Public PFA Protected Forest Area PIU Project Implementation Unit PMU Project Management Unit PONRE Provincial Department of Natural Resources and Environment PTI Public works and Transport Institute RAP Resettlement Action Plan ROW Right of Way RPF Resettlement Policy Framework SEA Sexual Exploitation and Abuse TA Technical Assistance TOR Terms of Reference UDAA Urban Development Administration Authority UNDRR United Nation Office for Disaster Risk Reduction UXO Unexploded Ordinance VAC Violence against children WB World Bank WBG World Bank Group Environmental and Social Management Plan 3 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province ATTACHMENT 1 KEY NATIONAL REGULATIONS AND INTERNATIONAL REGULATORY FRAMEWORK TO BE APPLIED A1.1 Key National Regulations 1. key environmental and social safeguard policies, regulations and conventions applicable include, but not limited to, the followings: EIA/IEE Process including Compensation and Resettlement. • Decree on Environmental Impact Assessment (EIA), No. 21/GOL, dated 31 January 2019. This revised Decree provides regulations and measures related to management and monitoring of environmental impact assessment activities. This aims to make sure that such activities are proceeded correctly with transparency and in concerted manner to protect [environment], mitigate [and] remedy adverse environmental impacts, meanwhile ensuring that the compensation, physical relocation, livelihood restoration for affected people are appropriately carried out in a manner that is better than before the project. The Decree also make to ensure management and use of the natural resources is efficient, securing the rights and interests of the nation and the people, contributing to the implementation of the National Social and Economic Development Plan towards green and sustainable development; • Decree on Compensation and Resettlement of People Affected by Development Projects (No. 84/GoL, dated 5 April 2016). This revised Compensation and Resettlement (C&R) Decree describes principles, regulations and standards to mitigate adverse social impacts and to compensate for damages that result from involuntary land acquisition or repossession of land and fixed or movable assets, including changes in land use, restriction of access to community or natural resources which affects the livelihoods and income of the community. The decree aims to ensure that project affected people (PAP) are compensated and assisted to improve or, at least, restore to the pre-project income level and living standards, and are not worse off as a result of the project. The decree describes the stringent compensation principles, particularly those for PAPs who do not have legal land title, land use certificate or other acceptable documentation supporting their land use right. Unlike previous Decree (No. 192, 2005) which allows PAP to claim compensation for affected assets and rights and/or privileges to land use, the revised Decree only provides right for affected people to claim for their lost assets such as house, structures, trees and crops. It is noted that the Decree (84/PM) is largely consistent with the main principles of the Bank’s OP 4.12 on Involuntary Resettlement (which are discussed in project’s ESMF). Any discrepancies that may be found in the provisions of the revised C&R Decree shall be covered by the WB’s OP 4.12). • Law on Resettlement and Occupation (2018) applies to development projects financed by both government and private sector. The law defines, regulates, manages and monitors resettlement and livelihood of Lao ethnic groups to ensure those who livelihoods are affected by resettlement are provided with residential and production ESMP Attachment 1-9 4 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province land and job training to address illegal relocation, eliminate poverty, improve livelihood, security and social order, and develop small villages into rural small towns contributing to national socio-economic development and national security. Article 22.1 also states that people affected by resettlement and livelihood program (governed under this law) will be provided with compensation for land and assets lost at a replacement cost, providing that she/he has official land (use or title) documents. The Article 22.4 recognizes customary land use that if certified by the local authority and concerned sector, the affected person is eligible for compensation as specified in the above Article. Article 22.5 discusses that in event if person affected by settlement and livelihood program does not have official land (use or title) document, she/he will not be provided with compensation for the land lost (acquired) but assets (structures, trees and crops) located on the land parcel acquired. Pollution Control 2. In 2015, MONRE issued a number of decree and regulations regarding pollution control and construction and the key ones are: • Decree on National Environmental Standards for Lao PDR. The Decree on National Environmental Standards for Lao PDR was first developed in 2009 to minimise impacts to human health, animal life, and the environment from development activities in the country. Revised and updated in 2017, the National Environmental Standards apply to any relevant persons, enterprises or organizations and provide a platform for both ambient environmental standards and common pollution control standards. The Standards specify parameters, indicators and levels of pollutant concentrations (as scientifically referenced) for monitoring environmental quality and control of air pollution, or water discharge into soil and water, including disturbance that may have impact on human and animal life, health and environment. • The Ministerial Instruction on Pollution Control (No. 0745/MONRE, 2015). The main objectives and principles of this Instruction is to avoid, manage and mitigate residual pollution generated by development projects and activities such as releases of harmful substances, hazardous emissions and/or discharges that are required to meet the National Environmental Standards. The Instruction focuses on three aspects including pollution control as to air, soil, and water. Ethnic Groups and Gender Considerations • Ethnic groups. Ethnic groups are recognized in the 1991 Constitution. Article 8 states “all ethnic groups have the right to preserve their own traditions and culture, and those of the Nation. Discrimination between ethnic groups is forbidden”. • In 2012, the Lao Front for National Development (LFND) established a national guideline on consultation with ethnic groups in line with the National Guideline on Public Involvement (2012) established by MONRE. The guideline aims to ensure that all ethnic groups who benefit from or are adversely affected by a development project, without regard to the source of funding, are fully engaged in a meaningful consultation process at all stages from preparation into implementation. The guideline also aims to ensure that the potentially affected ethnic groups are fully informed of ESMP Attachment 1-9 5 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province project objectives, as well as their potential positive and adverse impacts on their livelihood and their environment, and provided with opportunities to articulate their concerns. The guidelines provide principles and processes to carry out meaningful consultations with, and obtain free, prior and informed consent of, all ethnic groups affected by developments projects in a culturally sensitive manner. The guidelines consist of: a) objectives and scope of the guidelines, b) consultation processes with ethnic groups at respective stages of development projects, c) consultation approaches and methods for different ethnic groups in a culturally sensitive manner, d) expected outcomes of consultation at each stage, and e) implementation arrangement and responsibility; • The GOL has recently approved the Decree on Ethnicity (No. 207/GOL, 2020). The Decree sets a series of policies to promote nation-wide ethnic groups’ unity, equality in accordance with the national laws as well as protection and enhancement of unique traditional and cultural practices. Key principles and procedures for consultation with ethnic groups in this guideline will be adopted into the safeguard instruments of the project, including the ESMF, RPF and Ethnic Group Engagement Framework (EGEF); • Gender considerations. Gender mainstreaming has received priority attention with gender issues integrated into national policy and plans. The Seventh Five-Year National Socio-economic Development Plan 2011-2015 (NSEDP) speaks to gender in terms of population policy, human capital development and elimination of all forms of violence against women and children. The NSEDP gender targets include governance, sector development, labor and social protection, and human resource development. A National Commission for the Advancement of Women and Children (NCAWC) was established in 2003 to drive national policy, promote gender equality and empower women. The 8th NSEDP aims to achieve ‘reduced effects from natural shocks’ as one of its three main priorities. A Climate Change and Disaster Management Law are currently being developed and are expected to be approved in 2017 together with a new five-year National Strategic Plan on PDR (2016-2020). Since 2010, Lao PDR has promulgated and applied a National Strategy on Climate Change. Water Resources • The Law on Water and Water Resources (No.23/NA. dated May 11, 2017). This Law on Water and Water Resources defines principles, regulations, and measures relating to the protection, administration, exploitation, use and development of water and water resources, protection damage to water or water resources, rehabilitation of the effect areas to assure the quality, quantity of water and sustainable water resources, to respond for the people's living requirements, to promote agriculture and industry, to ensure that natural environment, social environment are protection, to develop the nation sustainable and to the socio-economic development. Labor Management, Occupational Health, and Safety • The Lao PDR Labor Law (2018) stipulates that employment should be promoted for the poor, disadvantaged, disabled, unemployed and for those members of society with ESMP Attachment 1-9 6 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province social problems to ensure they receive skills development. The law also states that working conditions must be safe, that salaries or wages must be paid in full and social insurance benefits must be implemented and that forced labor of any form is not permitted. The law further states the number of hours that can be worked in a week and the provision of breaks as well as compensation for overtime. • Various Laws and regulations are in force to manage and address public health, occupational and environmental health, communicable diseases and the prevention of violence against women and children. These include Hygiene, Disease Prevention and Health Promotion (amended in 2011), Management of Chemical Substances (2017), HIV/AIDS Prevention and Protection (2010), Roads (amended in 2016), Land Traffic (2012), Preventing and Combating Violence against Women and Children (2014), Anti-Human Trafficking (2015), Crime (amended in 2018) and Public Security (amended in 2017). • NCAWMC and Lao Women Union are the main government entities responsible for addressing SEA/SH together with violence against children and sexual exploitation and abuse. Unexploded Ordnance (UXO) • The National UXO/Mine Action Standards (2012) provides the minimum standards and requirements for all UXO/mine action conducted in Lao PDR. The purpose of this standard is to ensure safety, efficiency and effectiveness in UXO/mine action. It applies to all organizations to use this standard as the basis for the development of their projects and standard operating procedures. In late 2016, GOL also issued an order requiring all investment projects to take actions to reduce UXO risk before commencing the project activities. The Project may require to consult with the NRA for conducting UXO risk assessment in the project area. If the project development areas are identified as low priority/low UXO impact threat, the project would not undertake area clearance. However, if the initial assessment identifies medium to high risks, the project will need to involve a certified UXO clearance organization. Institutional Setting • The Ministry of Natural Resources and Environment (MONRE) is the lead ministry responsible for implementation of the EPL and its regulations and/or guidelines. MONRE is also responsible for management of water, land, and environmental management while the Ministry of Agriculture and Forest (MAF) is responsible for management of protected area (PA) and protection forest area (PFA) 1. DOE is responsible for EIA review and approval. Department of Pollution Control and Inspection (DPCI) is responsible on the implementation and application of policies, strategies, laws, regulations (including international treaties that Lao PDR rectifies) on pollution controls, hazardous chemical controls, waste disposals as well as conducting compliance monitoring with environmental and social obligations for investment 1 In mid-2016 the department of Forest Resources Management (DFRM) was moved to from MONRE to MAF. ESMP Attachment 1-9 7 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province projects in accordance with the ECC issued for the EIA and EMMP reports. For this Project, Provincial Department of Natural Resources and Environment is responsible for IEE review and approval as well as for ECC compliance monitoring. A1.2 International Regulatory Framework 3. In addition to the national statutes and regulations discussed above, Lao PDR is also a signatory to the following international conventions related to natural resources conservation, cultural heritages, labors, and ethnic groups that may have a bearing on infrastructure development projects, including: • ASEAN Agreement on the Conservation of Nature and Natural Resources (1985). As a signatory to this agreement, the GOL commits to development planning, the sustainable use of species, conservation of genetic diversity, endangered species, forest resources, soil, water, air and addressing environmental degradation and pollution. The focal point for this convention is the MONRE; • Convention Concerning the Protection of the World Cultural and Natural Heritage (1972). The GOL agrees to take the appropriate legal, scientific, technical, administrative and financial measures necessary for identification, protection, conservation, presentation and rehabilitation of designated heritage sites in Lao PDR. The focal point for this convention in Lao PDR is the Ministry of Information, Culture and Tourism; • UN Convention on Biological Diversity (1996). As a signatory to this Convention, the GOL is committed to: o Develop a national biodiversity conservation and sustainable use strategy; o Develop legislation for protecting species and populations that are threatened; o Integrate conservation and sustainable use of biological resources into national decision-making; o Conduct environmental assessments (EA) of proposed development projects with a view to minimizing negative impacts; and o Take measures for an equitable sharing of the results of research and development in genetic resources. o Convention on International Trade in the Endangered Species of Fauna and Flora (2004) provides an international guideline for management and control of trade in endangered fauna and flora; and o Ramsar Convention (1982). The GOL officially joined the Convention in 2010. The Convention defines basic principles and measures on sustainable management, preservation, development, and utilization of wetland. In particular, two wetlands in Lao PDR which have international importance are the Xe Champhone Wetlands in Savannakhet Province and the Beung Kiat Ngong Wetlands in Champasak Province. ESMP Attachment 1-9 8 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province • Lao PDR is also a signatory to a number of international labor conventions that complement the Lao PDR Labor Law (2013) and these conventions include: o C029 – Forced Labor Convention, 1930 (No. 29). As a signatory, Lao PDR commits to suppress the use of forced or compulsory labor for the benefit of private individuals, companies or associations. The Conventions does, however, include distinct conditions for when forced or compulsory labor may be exacted as a tax or for carrying out public works; o C100 – Equal Remuneration Convention. 1951 (No. 100). This Convention stipulates that men and women will receive equal remuneration for work of equal value; o C111 – Discrimination (Employment and Occupation) Convention, 1958 (No. 111). The Convention defines the conditions that result in discrimination in a place of employment or at an occupation. As a signatory, Lao PDR has committed to pursue a national policy designed to promote, by methods appropriate to national conditions and practice, equality of opportunity and treatment in respect of employment and occupation, with a view to eliminating any discrimination; o C137 – Minimum Age Convention, 1973 (No. 138). The country has committed to a national policy designed to ensure the effective abolition of child labor and to progressively raise the minimum age for admission to employment or work to a level consistent with the fullest physical and mental development of young persons. The Convention stipulates that the minimum age shall not be less than 18 years; and o C182 – Worst Forms of Child Labor Convention, 1999 (No. 182). Under this Convention, Lao PDR committed to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labor which includes, but is not limited to, all forms of slavery such as debt bondage, forced or compulsory labor, and trafficking, prostitution, and the production or trafficking of drugs. • Lao PDR is also a signatory to a number of international instruments that protect the rights of ethnic groups. ESMP Attachment 1-9 9 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province ATTACHMENT 2: PROJECT LOCATION AND DESCRIPTION 1. This Attachment presents key information on project description and location (Section A2.1); locations of construction materials, soils, borrow-pits, quarries, and disposal si tes and workers camp to be required during construction including main transportation routes (Section A2.2); and agreements with land owners (Section A2.3). A2.1 Project Location and Description 2. Project site is located in Bolikhamxay Province of the middle of Lao PDR as shown in figure below; proposed section is along the Mekong River (Figure A2-1). 3. Project description and activities are presented in Table A2-1 and Figure A2-1 to Figure A2-9 below. Table A2-1 Project Activities No. Project Activities Section Location Details Section 1 no elevation of the embankment at 500 left side of the Ban Houysiat (Houysiat Mekong River Tributary 152 m) upstream of the Embankment and Riverbank Nam Xan Mouth 1 Protection of 1.2km on the Section 2 with left side of Mekong River elevation of the embankment at left side of the Ban Pakxan- 550 Mekong River Tai. downstream of the Nam Xan Mouth 5 points, W 3.0 2 Stairways Both sections Both villages m, L 34.0m Extension of an existing irrigation pipe located 3 Section 2 Section 2 38m downstream of the Project site ESMP Attachment 1-9 10 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Figure A2-1 Project Location Map ESMP Attachment 1-9 11 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province [Toe Protection by Rip-rap Material] [Slope Protection by Rip-rap Material] Figure A2-2 Case of the Rip-rap Protection in the MRIMP2, Vientiane Capital Figure A2-3 Site Plan of Section 1 (HS-L= 652m) 2 Mekong River Integrated Management Project in Vientiane Capital, 2014 ESMP Attachment 1-9 12 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Figure A2-4 Cross-section Design of Section 2 (PX-L=550m) Section 1 – Toe: Rip-Rap (D=400~600mm, S=1:1.5), Slope: Rip-Rap (D=400~600mm, S=1:2.0) Figure A2-5 Typical Cross Section of Section 1 (HS L= 652m) ESMP Attachment 1-9 13 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Section 2 – Toe: Rip-Rap (D=400~600mm, S=1:1.5), Slope: Rup-rap (D=400~600mm, S=1:2.0) Figure A2-6 Typical Cross Section of Section 2 (PX L= 550m) Figure A2-7 Side View of the Proposed Stair ESMP Attachment 1-9 14 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Figure A2-8 Irrigation Facility at Section 2 ESMP Attachment 1-9 15 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province A2.2 Location of Borrow Pits, Quarry Sites, Disposal Sites, Worker Camp and Transportation Route Figure A2-9 Location of Construction Materials ESMP Attachment 1-9 16 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Figure A2-10 Location of Worker Camps ESMP Attachment 1-9 17 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province A2.3 Agreement with Land Owners 1. Figure below shows agreement with the land owner for the use of disposal site. Figure A2-11 Agreements on Disposal Area ESMP Attachment 1-9 18 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Figure A2-12 Land Title of Disposal Area Figure A2-13 Agreements on Borrow Pits – To be provided in the CESMP by contractor Figure A2-14 Agreements on Quarry Sites – To be provided in the CESMP by contractor Figure A2-15 Agreements on Camp Site – To be provided in the CESMP by contractor ESMP Attachment 1-9 19 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province ATTACHMENT 3: RESULTS FROM SAFEGUARD SCREENING 1. This Attachment presents the results of safeguard screening for BKX project (Project) based on the ESMF safeguard screening form provided in Appendix A2 ( General Environmental Assessment Policy Instrument: Screening Form)” and Appendix A3 (Site- Specific Environmental and Social Screening Form). The impact assessment (positive and negative) was made based on the baseline conditions for physical, biological, socio-economic, cultural and visual observation of the Project’s area taking into account the risks during Project implementation. 2. Table A4-1 identifies the criteria used for assessing the significance of potential negative impacts which the impact magnitude take into account the Project design, engineering and modelling, while the receptor/resource sensitivity consider existing environmental and social baseline conditions. These classifications have been used as an input into the impact significance rating (Negligible, Minor, Moderate or major). Tables A4-2, A4-3, and A4-4 below present the results. The results confirm that the proposed BKX project can be classified according to WB safeguard policies as EA category B. Table A4-1 Screening Matrix for Impacts Significance Receptor / Resource Impact Magnitude Sensitivity Negligible Low Medium High Low Negligible Minor Minor Moderate Medium Negligible Minor Moderate Major High Negligible Moderate Major Major Table A4-2 The Results of Environmental Assessment Category Screening (Note: NE=Negligible, MI=Minor, MO=Moderate, MA=Major) Environmental Impact Impacts Mitigation Measures No. Significance MA MO MI 1 Will the project generate dust ✓ Spray water 3 times a day and or noise? implement the construction during day time; Develop and implement Dust and YES Noise Control Plan; More details are presented in Attachment 5 (Key Issues and Mitigation Measures for ESMP and C-ESMP) and Attachment 6A (ECOP). 2 Will the project require borrow ✓ Obtain the approval and stabilize and and quarry sites (cuts, fills, rehabilitate the site after use; Develop quarries or extraction of and implement Borrow and Quarry material (stone, gravel, Management Plan; More details are aggregate, sand)? YES presented in Attachment 5 (Key Issues and Mitigation Measures for ESMP and C-ESMP) and Attachment 6A (ECOP). 3 Will the project impact on fish ✓ However, the subproject activities may and other aquatic life in the disturb the natural flow. The river, terrestrial biodiversity? construction of toe will be carried out YES but the impact is not during the dry season and at the low expected to be significant .since water level (See Typical Cross Section the area is located in urban area of Section in Attachment 2) and there are no critical aquatic ESMP Attachment 1-9 20 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Environmental Impact Impacts Mitigation Measures No. Significance MA MO MI habitats, wildlife corridors and wetlands located within the project area; therefore, significant adverse impacts on aquatic life and biodiversity is not expected during construction. 4 Will the project require the ✓ Obtain the approval of local authorities creation of material stockpiles and stabilize and rehabilitate the sites and disposal of excavated after use; Develop and implement materials? YES. The riverbank Spoil/Unusable Excavated Disposal protection activities will involve Plan; More details are presented in excavation and proper disposal Attachment 2 related to location and of excavated materials from the agreement of land owners) and Mekong River. The disposal site Attachments 5 related to key issues identified is located in private and mitigation measures (for ESMP land with no sensitive and C-ESMP) and Attachment 6A environmental and social (ECOP). resources and does not expect to have impacts on future land use of the areas. However, additional impacts assessment and measures will be provided in the contractor- ESMP for the remaining sites will need to be submitted for WB review and clearance. 5 ✓ The embankment and bank protection will result in moderate disturbance of the natural flow; however, the design Will the project alter surface has been made to minimize the water hydrology of waterways negative impacts. The construction of or streams? Yes. toe will be carried out during the dry season and at the low water level (See Typical Cross Section of Section in Attachment 2) 6 Will the project impact on water ✓ Make efforts to mitigate potential quality and possible water users impacts on water quality and water (Mekong River)? YES. users through consultation with local communities and provide Excavation or earth works will compensation to those that may be increase turbidity of water and affected adversely as agreed for the possible disturbance of bottom project. To mitigate impacts during sediment. Earth works/ operations, agreement will be excavation and construction of developed with local communities to toe will be carried out during ensure that waste discharge into the the dry season and at the low rivers will be strictly prohibited and water level (See Typical Cross local communities will ensure that this Section of Section in agreement will be complied with. Attachment 2) To mitigate impacts during ESMP Attachment 1-9 21 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Environmental Impact Impacts Mitigation Measures No. Significance MA MO MI construction, measures on the following aspects should be developed and included in the Contractor-ESMP (C-ESMP) : • Solid Waste Management (no dumping of solid waste in the river/stream) • General Construction Site Management including spill and emergency response, chance find procedures, etc.; • Runoff/Erosion and Sedimentation Control ; • Water quality management (no directly discharge of wastewater from camp into the natural stream/river); • More details are presented in Attachment 5 (Key Issues and Mitigation Measures for ESMP and C-ESMP) and Attachment 6A (ECOP). 7 Will the project require the ✓ • Consultation with DPWT and local establishment of a camp for community on the location of the construction workers? YES. worker camps. In principle, a To prevent possible impacts of worker camp should not be located Covid19 pandemic during within 100 meters of any sensitive construction, PIU and receptors in the project area and/or contractors will take proactive at least 100 meters from any actions as required by the surface water course and not Government and also acceptable within 2 kilometers of a protected to the WB. area. • Develop and implement Labor Influx Management Plan which could cover Worker Camp Management Plan; • Comply with measures required in (i) the main ESMP, section - Labor Management, Worker Camp and Storage Area, (ii) Attachment 5 (Key Issues and Mitigation Measures for ESMP and CESMP), (iii) Attachment 6A (ECOP), and (iv) the Project Code of Conduct on Sexual Exploitation and Abuse (SEA), Sexual Harassment (SH), and Violence Against Children (VAC) in Attachment 6B, 8 Will the project increase soil ✓ Develop and implement erosion? YES. In effective Runoff/Erosion and Sedimentation control and management of Control Plan, Site Clearance and construction sites, borrow pits, Restoration Management Plan, Borrow ESMP Attachment 1-9 22 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Environmental Impact Impacts Mitigation Measures No. Significance MA MO MI quarries, spoil disposal site and Quarry Management Plan, during construction as well as Spoil/excavated Disposal Plan as parts during wet season could of C-ESMP. increase soil erosion and More details are presented in sediment in the river due to Attachment B (Key Issues and runoff. Mitigation Measures for ESMP and C- ESMP) and Attachment 6 (ECOP). 9 Will there be an impact on ✓ Develop and implement measures to community health and safety? manage impacts on Occupational and YES. As mentioned above Community Health and Safety and under the Worker Camp, efforts Traffic Management and Road Safety; will be made to mitigate Install safety, warning and speed potential impacts on staff and limited signs at all risk points and workers as well as on local community areas. Regularly communities on prevention of consultation with communities about Covid19 pandemic. the construction activities and schedule to be carried in the community area. More details are presented in Attachment 5 (Key Issues and Mitigation Measures for ESMP and C- ESMP); Attachment 6A (ECOP); and Attachment 6B (COC). 10 Will the project require the ✓ • Develop and implement Traffic creation of temporary access or Management Plan. haul roads? No. The Project will • Regularly consultation with not create the new access road communities about the but the access to project construction activities and activities including quarry and schedule to be carried in the borrow pits will use the existing community area. local access roads. The moderate impacts and mitigations are for existing roads and can be maintained. 11 Will there be an impact on ✓ There is one temple with few local cultural heritage site? Yes. stupas located about 250m to the There is one temple with few project site. During the consultation local stupas located near the with local communities, the project Project boundary. was recommended to conduct traditional ceremony asking permission from the land and water spiritual before starting construction activities and working on the big Buddha day is not allowed. Other than that, the project is not expected to create any impacts on any local and national archaeological, paleontological or cultural significance. However, there is a possibility for (as yet undiscovered) sites of local cultural significance (i.e., artifacts, sacred sites, cemeteries) in subproject areas during construction. Nonetheless, a “Chance ESMP Attachment 1-9 23 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Environmental Impact Impacts Mitigation Measures No. Significance MA MO MI Finds Procedure” in the ESCOP describing the process to be followed when any artifacts are found. Table A4-3 The Result of Ethnic Groups (EG) Screening – Not Applicable as neither Hmong nor Khmu ethnic groups expect to be affected by this project (Note: NE=Negligible, MI=Minor, MO=Moderate, MA=Major) No. Impact on Ethnic Groups Impacts Mitigation Measures Significance MA MO MI 1 Are there ethnic minority groups present in the sub- project area? 2 Do they maintain distinctive customs or economic activities? 3 Will the project disrupt their community life? 4 Will the project positively affect their health, education, social activity, livelihoods or security? 5 Will the project negatively affect their health, education, social activity, livelihoods or security? Will there be loss of housing, land, crops, trees or access to resources owned, controlled or used by ethnic minority households? Table A5-4 the Result of Land Acquisition & Resettlement (LAR) Screening – Note: NE=Negligible, MI=Minor, MO=Moderate, MA=Major No. Social Impact Impacts Mitigation Measures Significance MA MO MI 1 Is the site for land acquisition ✓ The ARAP in line with RPF is known? Is the ownership status prepared and community broad and current usage of the land support established in all three affected known? YES. villages. 2 Will there be loss of housing, ✓ Complete the compensation and agricultural plots, crops, trees, relocation before starting the works. and fixed assets, businesses or The ARAP in line with RPF is enterprises and incomes and prepared and community broad livelihoods? If involuntary support established in in all three resettlement impacts are affected villages. expected? YES. ESMP Attachment 1-9 24 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province No. Social Impact Impacts Mitigation Measures Significance MA MO MI 3 Will any social or economic ✓ Provide income restoration for loss of activities be affected by land income. use-related changes? YES. 4 Will coordination between ✓ Resettlement Committee was government agencies be established. Cutoff Date was declared. required to deal with land Training and capacity building has acquisition? Are there sufficient been provided and more trainings will skilled staffs in the Executing be provided through out project Agency for resettlement construction. planning and implementation? RAP is being prepared. Are training and capacity- building interventions required prior to resettlement planning and implementation? YES. 5 Social issues from worker and ✓ Consultation with EG shall be labor influx. YES conducted before commencement of construction activities. Application of COC on SEA/SH/VAC and ECOP. ESMP Attachment 1-9 25 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province ATTACHMENT 4: ENVIRONMENT AND SOCIAL BACKGROUND 1. This Attachment presents background on the Mekong River and general feature of Bolikhamxay (BKX) (Section A4.1); Geographic Conditions (Section A4.2); Flood and Erosion Hazards (Section A4.3) and some laboratory results on water quality, air, and noise (Section A4.4). Section A4.5 provides additional information on social aspect. A4.1 Mekong River and General Features of Bolikhamxay 2. The basin area of the Mekong River is a total catchment area of 795,000 ㎢ from the eastern watershed of the Tibetan Plateau to the Mekong Delta as shown in Figure A4-1. The Mekong River flows approximately 4,800 km through three provinces of China, continuing into Myanmar, Lao PDR, Thailand, Cambodia and Vietnam, going into the South China Sea. 3. The Mekong Basin can be divided into upper and lower basins, catchment area of the Upper Mekong Basin is equivalent to 25% of total basin, which provides 15 ~ 20% of total discharge at mouth of the Mekong River. Figure A4-1 Geographical Map of Mekong River Basin (MRC, 2005) 4. As shown in Figure 4-1, Lao PDR lies within the Lower Mekong Basin, which makes climate and land use of Lao PDR become a major influential factor on the hydrology of the Lower Mekong Basin. Table A4-1shows composition of the Mekong River Basin. ESMP Attachment 1-9 26 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Table A4-1 Composition of Mekong River Basin Countries Division China Myanmar Lao PDR Thailand Cambodia Vietnam Total Area (km2) 165,000 24,000 202,000 184,000 155,000 65,000 795,000 Portion (%) 21 3 25 23 20 8 100 A4.2 Geographic Conditions Three-dimensional Characteristics 5. Three-dimensional characteristics of the basin include ground elevation distribution, average elevation and average slope, etc., which are important parameters to determine the discharge characteristics of the river, especially concentration time of the flood. Analysis on the spatial characteristics for the basin areas of the Mekong located in Bolikhamxay province was carried out. Digital Elevation Model (DEM) provided by Lao National Geography Department (LNGD) with the cell size of 10 m and digital topographic map with a scale of 1:100,000 were used to derive the factors related to topographical characteristics. Ground Elevation Distribution 6. Ground elevation for approximately 57.6 % of the Bolikhamxay province varies below EL. 600m as shown in Table A4-2 and Figure A4-2 below. Figure A4-2 Ground Elevation Table A4-2 Cumulative Area by Elevation Elevation <200 <400 <600 <800 <1,000 <1,200 <1,400 <1,600 <1,800 <2,000 (El.m) Area 2,657 5,154 8,560 11,303 13,069 14,189 14,698 14,836 14,861 14,863 (km2) ESMP Attachment 1-9 27 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Ratio (%) 17.9 34.7 57.6 76.1 87.9 95.5 98.9 99.8 99.9 100.0 Slope Distribution and Aspect 7. Results of analysis on slope distribution and its aspect are shown in Table A4-3, Table A4-4 and Figure A4-3, Figure A4-4 below. Figure A4-3 Slope Distribution Table A4-3 Slope Distribution Slope (˚) <10 <20 <30 <40 <50 <60 <70 <80 <90 Area (km2) 6,407.4 9,610.4 12,849.0 14,440.3 14,786.6 14,844.6 14,859.5 14,862.5 14,863.0 Ratio (%) 43.1 64.7 86.5 97.2 99.5 99.88 99.98 99.99 100.0 ESMP Attachment 1-9 28 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Figure A4-4 Distribution of Slope Aspect Table A4-4 Slope Aspect Slope Aspect N NW W SW S SE E NE Plane Area (km2) 680.6 1,148.9 1,328.8 1,765.7 1,486.3 1,306.5 1,281.2 1,577.0 4,288.0 Ratio (%) 4.6 7.7 8.9 11.9 10.0 8.8 8.6 10.6 28.9 Land Use 8. The land use in the project area was analyzed using 1:5,000 scale of digital topographic map provided by LNGD. Forest was ranked as first equivalent to 89.5% of total area. Distribution of land use is as shown in Table A4-5 and Figure A4-5 respectively. Figure A4-5 shows specific locations of sensitive spots (hospitals schools, temples, etc.) while site specific information of provided in Section A4.4. Table A4-5 Land Use Distribution Bare Urban Land Use Total Farmland Forest Meadow Others Land Area Area (km2) 14,863.0 545.5 401.3 13,302.4 590.1 8.9 14.8 Ratio (%) 100.0 3.7 2.7 89.5 3.9 0.1 0.1 ESMP Attachment 1-9 29 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Figure A4-5 Land Use Soil Classification 9. Soil characteristics are important factor affecting runoff process directly caused by rainfall and effective rainfall, since infiltration capacity is different according to soil characteristics. Soil classification in the Bolikhamxay Province is presented in Table A4-6 and Figure A4-6 below. Table A4-6 Soil Classification Soil Total Acrisol Arenosol Cambisol Fluvisol Gleysol Lixisol Luvisol Rock Water Type Area 14,863 12,100 17.8 1,663.2 46.1 5.9 364.1 29.7 544.0 92.2 (km2) Ratio 100.0 81.4 0.1 11.2 0.3 0.04 2.45 0.2 3.7 0.6 (%) ESMP Attachment 1-9 30 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Figure A4-6 Soil Classification A4.3 Flood and Erosion Hazards A4.3.1 Flood Hazards in the Project Area Flood Damage 10. In accordance with United Nation Office for Disaster Risk Reduction (UNDRR) survey from 1990 to 2012 in Lao PDR, the reason caused the highest mortality is epidemic and the second is flood damage, however flood and storm damage affected people the most. As this data, Flood disasters have negative impacts on people’s lives and their properties (Figure A4-7). ESMP Attachment 1-9 31 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Figure A4-7 Disaster in Lao PDR, 1990 – 20123 11. In 2008 and 2009, there were remarkable flood damages affected by Typhoon Kammuri and Ketsana in the central and south regions of Lao PDR. Especially, flood damage amount in 2008 recorded 55 million US$ in the mid Lao PDR where the Project area located, and this is more than five times bigger than the average damage amount generated from 1966 to 2007 as shown in Figure A4-8 below. Figure A4-8 Annual Flood Damage (MRC4) 12. In Bolikhamxay province, the highest flood damage and human injury occurred in 2008, which was estimated 34.6 billion as shown in Table A4-7 below. Table A4-7 Data of Flood Damage in Bolikhamxay (1997~2012) Directl Houses House Indirectl Yea Deat Injure Missin y Losses Value Destroye Damage y r h d g Affecte (Kip) d d Affected d 3 Source) www.desinventar.net 4 MRC= Mekong River Commission ESMP Attachment 1-9 32 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province 199 68,494 7 200 1,469 1,469 0 200 5,175 5 200 143 6 200 1 15,414 18,360,000 7 200 34,646,393,60 6 2 330 178,108 5,410 8 0 200 9 201 5,304 0 201 11,010,875,23 1 - 466 105,371 1 5 201 8,114 8,706,727,262 2 Tota 54,382,356,09 7 0 0 3 2,265 387,592 5,410 l 7 Source) www.desinventar.net, UNDRR (United Nation Office for Disaster Risk Reduction) Flood Characteristic in the Project Area 13. Annual maximum water levels for 44 years (1979~2019) at the Pakxane Station were arranged and compared in order to estimate the flood characteristic in the Mekong River as shown in Figure AA-9. Annual water level of the Mekong River at Pakxane station exceeded the Flood Level (10 years frequency, EL. 156.53m) for totally 6 years (’95, ’97, ’00, ’01, ’08, ’18), which indicates that the project area is vulnerable flooding. The maximum water level was observed EL. 156.93 m in August 16, 2008. ESMP Attachment 1-9 33 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Max. Water Level Figure A4-9 Water Level Record at Pakxane Station5 14. According to the Annual Reports, numerous flash flood events occurred in the mountainous regions of Lao PDR. In Bolikhamxay province, 41,396 affected people and 1 casualty occurred by the flash flood during 18 to 25 July and 15 to 20 August in 2018. Alarm and Flood Level, and maximum water level which is observed in 2018 in the Mekong River are shown in Table A4-8 below. Table A4-8 Alarm Level, Flood Level and Maximum Water Level Observed in 2018 Alarm Level Flood Level Water Level Station Date (2018) (m) (m) (m) Chiang Saen 11.5 12.8 05 Sep. 7.30 Luang Prabang 17.5 18.0 01 Sep 17.26 5 Source: Hydrological and Hydraulic Report (December 2019) 5 https://tropicalfreshwaterfish.com/data/Laos.htm An Introduction to the Fisheries of Lao PDR, MRC, Mekong Development Series No. 6, May 2013. 5 Including also Puntioplites falcifer (pa sa kang), Hampala barb Hampala macrolepidota (pa sood), Broad-head walking catfish Clarias macrocephalus (pa duk oui), Small-scaled mud carp Cirrhinus microlepis (pa phon), Jullienien’s golden carp Probarbus jullieni (pa ern ta deng), Mystus catfish Hemibagrus spilopterus (pa kot leuang), Asian red-tail catfish Hemibagrus wyckioides (pa kheung), Walking catfish Clarias batrachus (pa duk), Krempf’s catfish Pangasius krempfi (pa suay hang leuang), Bocourt’s catfish Pangasius bocourti (Pa phoc), Giant gourami Osphronemus gouramy (pa men), River carp Hypsibarbus wetmorei (pa pak), Striped snakehead Channa striata (pa khoh), Nilem carp Osteochilus melanopleurus (pa nok kow), Giant snakehead Channa micropeltes (pa doh), Climbing perch Anabas testudineus, Malayan Leaffish Pristolepis fasciata, False black lance catfish Bagrichthys macracanthus, Spotfin spiny eel Macrognathus siamensis, Bony-lipped barb Osteochilus vittatus, Marble goby Oxyeleotris marmorata, Iridescent glassy perchlet Parambassis apogonoides, and Laides longibarbis. 5 ), Curanga amara, Cyanotis axillaris, Dentella repens, Eclipta angustata, Eichhornia crassipes; species of Limnophila, Lindernia and Marsilea, Microcarpaea minima, Mimulus orbicularis, Monochoria species, Oldenlandia diffusa, Ottelia alismoides, Sagittaria pygmaea, Salvinia auriculata, Spirodela polyrhiza, Typhonium flagelliforme and Zeuxine strateumatica 5 The EHSG provides ESMP Attachment 1-9 34 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Chiang Khan 14.5 16.0 19 Aug 15.00 Vientiane 11.5 12.5 03 Sep 11.67 Nong Khai 11.4 12.2 03 Sep 12.83 14.5 14.8 Pakxane 13.5 04 Sep (EL.156.63m) (EL. 156.93m) Nakon 11.5 12.0 31 Aug 12.71 Phanom Thakhek 13.0 14.0 31 Aug 13.83 Note) Zero level of Pakxane station is EL. 142.13 m Source) Annual Mekong Hydrology, Flood, and Drought Report 2018 (MRC, June 2020) 15. Heavy rain in the Nam Sane river basin over the 22nd to 23rd June 2013 has resulted in flooding in the Bolikhamxay province. In the result of the heavy rain, riverbank along the Mekong River has been damaged; approximately 5,000 people from 9 villages have been affected (Figure A4-10). Figure A4-10 Flooding in the Bolikhamxay Province in 2011 and 2013 A4.3.2 Erosion Damage in the Project Area 16. The bank erosion process is an entirely natural process since the river has a high hydraulic gradient in this reach. Such conditions combined with erodible bank material cause the river to meander. Village surveys undertaken by the Mekong River Commission (MRC) identified that the season when erosion is most active is towards the end of the flood season during October and November because of soil moisture during the rainy season. 17. The serious erosion status of the river bank in the Project site is shown in Figure A4-11 ESMP Attachment 1-9 35 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province below. Riverbank Erosion in Ban Phonxai House on the Riverbank (Upstream) Riverbank Erosion in Ban Pakxan-tai Riverbank Erosion near the Port River mouth of the Nam Xan River House on the Riverbank (Downstream) Figure A4-11 Riverbank Erosion Status in the Project Area A4.3.3 Condition of the Existing Bank-protection 18. According to the site survey, some sections in the project area of the Mekong River and Nam Xan River had been protected by the Rip-rap and Masonry protection by the project funded by ADB and government budget. However, some section of the existing bank-protection is going on the subsidence due to the poor specification and design as shown in Figure A4-12 below. 19. It should be recommended that existing bank-protection will be improved under the suitable specification and design through the geotechnical investigation. ESMP Attachment 1-9 36 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Rip-rap Protection upstream Rip-rap Protection near Port of the Nam Xan River Rip-rap Protection at Ban Pakxan-tai Masonry Protection and Subsidence at Ban Pakxan-tai (Jan. 2021) Bank-protection Repair Work (Jan. 2021) Rip-rap Protection near Water Gage Figure A4-12 Existing Bank-protection in the Project Area A4.4 Addional Environmental Profile (a) Rainfall and Climatic Characteristics 20. Rainfall varies seasonally with a median rainfall of 407 mm/month during wet season and a median rainfall of 14 mm/month during dry season. July and August are time when rainfall is highest, exceeding 500 mm as recorded at Pakxan rainfall station. January and December are the driest months with average rainfall ranging from 0 to 5–14 mm /month (See Figure A4-13). ESMP Attachment 1-9 37 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province 900 800 Median monthly rainfall (mm / month) 700 600 500 400 300 200 100 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Figure A4-13 Median monthly rainfall in Pakxan City (DMH, 2020) 21. Long term daily climate variables are recorded at Pakxan automatic weather stations (AWS) (refer to Figure A4-14). Climate records are available for 1996 – 2019. Maximum temperature at Pakxan automatic weather station is relatively constant throughout the year and range between 32 and 38 °C. Minimum temperatures follow a more seasonal pattern with cooler temperatures of 16 – 24 °C during the dry season and 20 – 24 °C during the wet season. Humidity follows a comparable seasonal pattern with a decline in minimum humidity during the dry season and a relatively constant maximum humidity throughout the year. Median daily sunlight duration at Pakxan is seven hours per day. Evaporation is not recorded at Pakxan AWS. Figure A4-14 Monthly temperature and humidity in Pakxan (DMH, 2020) (b) Test Results of Surface Water Quality, Air and Noise 22. Test results of surface water, ground water, air and noise are shown in Table A4-9 to Table A4-11 respectively while Figure A4-15 shows locations of air, noise and water quality monitoring ESMP Attachment 1-9 38 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Table A4-9 Test results of surface water quality Monitoring Location National Environmental No. Parameters Unit WS01 WS02 StandardsS (2017) of Lao PDR 6 1 Temperature °C 29 29 - 2 pH mg/L 8.2 7.2 - 3 DO S/cm 5.6 4.9 - 4 EC mg/L 239.1 181 - 5 TDS mg/L 144 108.6 - 6 Salinity mg/L 0.10 0.08 - 7 ORP mV 272 301.9 - 8 Turbidity NTU 35 40 - 9 BOD5 mg/L 25 35 - 10 COD mg/L 60 80 7-10 11 Alkalinity mg/L 180 145 - 12 NO3-N mg/L 0.023 0.038 5 13 NH3-N mg/L 0.064 0.068 0.5 14 PO4-P mg/L 0.011 0.014 0.5 15 Iron, Fe mg/L 0.162 0.215 - 16 Manganese, Mn mg/L 0.023 0.027 1 17 Copper, Cu mg/L 0.015 0.013 1.5 18 Lead, Pb mg/L 0.023 0.027 0.01 19 Arsenic, As mg/L 0.046 0.011 0.01 20 Mercury, Hg mg/L 0.067 0.094 0.001 Table A4-10 Parameters that Exceeded Standard Limits – Groundwater Study – Pakxan Unit Results Lao PDR WHO Guidelines Parameter Standards Pb mg/L 0.49 0.01 0.01 Cd mg/L 0.025 0.003 0.003 As mg/L 0.063 0.01 0.01 Total Coliform MPN/100ml 59 2.2 Must not be E.Coli (Faecal - 7 None detectable in any 100 Coliform) ml sample Data Source: ADB, 2021 Table A4-11 Results of air quality analysis in Pakxan No. Temperature Parameter (PM) NES of LPDR Values (mg/m3) Site 1: 358954.705 – 2031970.6 (Ban Pakxan-Tai) 1 AT: 28.3°C 2.5m 0.05 0.003 ESMP Attachment 1-9 39 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province 2 DP: 23.6°C 5m - 0.004 RH: 71.5% 3 10m 0.12 0.005 WB: 25.2°C Site 2: (355645.962 – 2034443.6 (Ban Houaysiat) 1 AT: 31.9°C 2.5m 0.05 0.013 2 DP: 23°C 5m - 0.004 RH: 61.8% 3 10m 0.12 0.002 WB: 25.6°C Data Source: ISAN, 2021 Table A4-12 Results of Noise level monitoring in Pakxan Site Village Coordinates Parameter NES of Lao Value PDR (dB) 1 Ban Pakxan- 358954.705 – LA eq 24 hours 70 47 Tai 2031970.6 2 Ban Houaysiat 355645.962 – LA eq 24 hours 70 57 2034443.6 Data Source: ISAN, 2021 Figure A4-15 Locations of air, noise and water quality monitoring ESMP Attachment 1-9 40 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Figure A4-16 Laboratory Results of Water Quality Analysis ESMP Attachment 1-9 41 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Figure A4-17 Laboratory Results of Air and Noise Quality Analysis ESMP Attachment 1-9 42 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province (c) Forest 23. Table A4-13 provides specific details for each protected area by national, provincial, and district levels while Figure A4-18 shows map of forests in Bolikhamxay province. Table A4-13 Forest in Bolikhamxay province National Protected Areas Provincial Protected District Protected Areas (NPA) Areas (PPA) (DPA) NPA covers 18.5% of the PPA covers 3.4% of the District Protected Areas cover province’s land base, province’s land base, 2.1% of the province’s land including: including: base, including: • Nam Kading NPA is • Phu Kurt PPA in Pakxan • Phu Muang DPA to the Nam 169,000 ha, District is 1,000 ha; San River in Bolikhan District approximately 10.6% • Phu Kadan PPA in is 4,150 ha; of the provincial area; Pakxan District is 728 • Phu Paa Saan DPA to the • Nakai NPA is 27,070 ha; Nam Muang River in ha, approximately 1.7% • Nam Jaad – Nam Ban in Bolikhan District is 4,032 ha; of the provincial area; the Ngod Nam area is • Phu Muun Nam Sao DPA in • Phu Khao Khouay NPA 37,600 ha; Bolikhan district is 5,200 ha; is 100,100 ha, • Phu Ngou PPA in and approximately 6.3% of Pakxan and Pakkading • Phu Taa Sii – Siang Leu DPA the provincial area. Districts is 12,824 ha. in Bolikhan District is 20,800 ha. Figure A4-18 Forestry Map of Bolikhamxay Province ESMP Attachment 1-9 43 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province A4.5 Addional Social Profile 24. Table A4-14 to A4-17 shows data on population of Bolikhamxay Province and to be affected by the Project while Figure A4-19 shows location of sensitive hotspots. Table A4-14 Population by District in Bolikhamxay Province (2015) Population Districts Rural without Urban Rural with Road Total Road 1. Pakxan 25,805 19,237 0 45,042 2. Thaphabath 8,820 16,701 91 25,612 3. Pakkading 9,447 40,693 0 50,140 4. Bolikhanh 18,354 31,077 0 49,431 5. Khamkeuth 19,178 43,379 0 62,557 6. Viengthong 9,067 19,450 1,134 29,651 7. Xaychamphone 1,487 1,914 7,857 11,258 Total 92,158 172,451 9,082 273,691 Source: The 4th Population and Housing Census (PHC) 2015. Project Location Figure A4-19 Location of the Project District on Provincial Map Table A4-15 Number of Households and Population in Project Area No Villages Number of HHs Population Female 1 Houaysiat 115 540 270 2 Anousonxay 431 2.080 1.082 3 Pakxan-Tai 410 2.258 1.201 Total 956 4,878 2,553 Source: Village Survey, July 2021 ESMP Attachment 1-9 44 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Table A4-16 Number of Household and Population to be affected by the Project No. Villages #of PAHs # of PAPs Female Remarks 1 B. Houaysiat 4 28 13 A one-story house 2 B. Anousonxay 2 11 4 3 B. Pakxan-Tai 14 81 40 A one-story house and two small hut shops Total 20 120 57 Sources: Household Survey, July 2021 Table A4-17 Summary of the main ethno-linguistic groups in the Project Area Ethnic groups in Language the Subproject Descriptions Family Area (Total HH: 956) Lao-Tai groups (often referred to as Lao Loum) traditionally reside in lowland areas and for the most part cultivate paddy fields, practice Buddhism and are integrated into the national Lao Tai or Lao Lao Tai economy. This linguistic family includes 8 ethnic groups - Loum (952 the Lao who are the dominant group, and various related households) ethnic groups such as Tai Dam, Tai Daeng, Tai Khao, Tai Lue and Tai Phuan. The Mon-Khmer (often referred to as Lao Theung) traditionally live in the middle hill areas, are animist, tend to practice swidden agriculture, utilise forest products and are relatively isolated from the dominant lowland culture - Khmu (1 household) Mon-Khmer although there has been assimilation and integration for centuries. This linguistic family includes 32 ethnic groups and related sub-groups. Their language links them to the Mon (Menam Region) and the Khmer (Cambodia). The Hmong-Iw Mien migrated from China to Laos in the 19th century and include several ethnic groups: Hmong Hmong (3 Hmong-Mien Ntsoua, Hmong Daw, Iw Mien and Kim Mun. They households) generally inhabit highland regions, are animist and practice shifting cultivation. Source: Chazee, 1999 and NSC, 2015 ESMP Attachment 1-9 45 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Figure A4-20 Location of Sensitive Hotspots ESMP Attachment 1-9 46 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan District, Bolikhamxay (BKX) Province Irrigation pipe and pump Fish farm (one ownder with 8 fish cages) Figure A4-21 Location of Irrigation Facility and Fish Farm ESMP Attachment 1-9 47 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan District, Bolikhamxay (BKX) Province ATTACHMENT 5: KEY ISSUES AND MITIGATION MEASURES FOR BKX PROJECT ESMP AND C-ESMP A5.1 Introduction 1. This Attachment presents the technical guidance for the preparation of the final Environmental and Social Management Plan (ESMP) for BKX project (Project-ESMP). It identifies the nature and level of impacts (Table 5-1); the key issues and mitigation measures to be conducted during detailed design, preconstruction, and operations (Tables A5-2) which are responsible by PMU and/or PIU assisted by EDPD/PTI and DPWT; and those to be conducted during construction by contractor (Table A5-3). The mitigation measures identified in Tables A5-2 and 5-3 will be applied for all works (river profile improvement, riverside parks, bridges, weirs and river drainage improvement) to be carried out during the implementation of BKX project. This Attachment also provides technical guidance for the preparation, approval, implementation, and monitoring of the contractor’s ESMP ( i.e. C-ESMP). 2. In addition to this Attachment, the Project-ESMP also includes the generic Environmental Code of Practices (ECOP) in Attachment 6A, the Code of Conduct on Sexual Exploitation and Abuse (SEA), Sexual Harassment (SH), and Violence Against Children (VAC), in Attachment 6B, Attachment 7 provides a sample form for monitoring of grievance redress mechanism (GRM) as well as a form on accident reporting. The mitigation measures in responded to COVID-19 pandemic in Attachment 8 will be applied during construction. 3. It is important that the implementing agencies responsible for implementation of the ESMP and supervision of the contract (PMU/DOW, EDPD/PTI, and PIU/DPWT) can incorporate the mitigation measures described in the ESMP report (Section 5) as well as in this Attachment (AB) into the detailed design (DD) and/or bidding/contract documents (BD/CD) as appropriate including establishment and operations a grievance redress mechanism (GRM) and finalization of the ESMP implementation and budget arrangement. Section A5.2 briefly highlights the environmental and social safeguard (ESS) requirements to be considered during DD while Section A5.3 highlights the requirements related to GRM. The agencies will ensure that the bidders and the contractor are aware and acknowledge the obligations to comply with the ESS requirements that are included in the contract and that all the cost are part of the contract cost. The contractor will also be required to maintain close consultation with local communities and operationalized its GRM in connection with that of DPWT and EDPD/PTI. 4. The Project-ESMP is also closely connected to the Abbreviated Resettlement Action Plan (ARAP) to be cleared by World Bank (WB) as well as the approval conditions of the Government of Lao PDR (GOL) for the Initial Environmental Examination (IEE) and issuance of the Environment and Compliance Certificate (ECC) and other regulatory authorities attached to any permits or approvals for the Project. These requirements will be considered during the preparation and approval of the C-ESMP and its sub plans. Preparation and implementation of the C-ESMP is the contractor responsibility while the ARAP is the responsibility of GOL. 5. PMU/DOW and EDPD/PTI will ensure that (a) the recommendations as provided in Sections A5.2, A5.3 and A5.4 will be integrated into the detailed designs and (b) the guidelines ESMP Attachment 1-9 48 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan District, Bolikhamxay (BKX) Province for preparation of C-ESMP provided in the Section A5.3 and Attachments 6, 7 and 8, are included in the bidding document (BD) and contract document (CD). PMU/DOW and EDPD/PTI will also establish a GRM process at MPWT, DPWT, and contractor levels and ensure that the contractor establish and maintain close relations with local authorities and local communities. 6. DPWT of BKX has established a Safeguard Monitoring Working Group (SMWG), the same as PRC, to be responsible for monitoring of the ECC compliance in consultation with PMU of DOW and EDPD of PTI. ECC will be obtained before commencement of construction activities. A5.2 Key Mitigation Measures to be considered during Detailed Design (a) Application of green design and non-restructural measures 7. During the preliminary design, it was recommended that (a) bank protection should be designed to control strong stormwater and sedimentation to prevent pollution and erosion during the construction; (b) Vegetation in riparian zone should be retained so that it provides habitat for aquatic life; and (c) All design of proposed flood mitigation measures should have a guideline to minimize possible negative impacts caused by the Project. Detailed engineering designs should be provided for the assessment of environmental engineering guidelines. Relevant engineering guidelines should include, but not limited to, natural stream and channel design; aquatic habitat design; sustainable bank protection design and operation (if needed) for debris flow and flood protection; levee bank and flood structure geotechnical and structural design guidelines; and geotechnical investigations for slope and levee design. 8. Efforts were made to follow these recommendations. Under Component 1.2, DOW mobilized an international consulting firm (SCB) to look at the possibility to apply the non- structural and green measures in the context of urban planning and a plan to promote the non- structural and an environmental-friendly design concept for Pakxan District have been made. However, due to limited funds available, these recommendations will be considered in the future project. (b) Minimization of impacts due to resettlement and land acquisition 9. Efforts have also been made during detailed design of the BKX project to minimize the impacts on local communities related to land acquisition and resettlement. Resettlement committees have been established at provincial, district, and village levels (PRC, DRC, VRC) and they were trained on RPF requirements and the ARAP will be submitted to the WB Task Team for review and approval. A5.3 Community Consultation and GRM 17. To mitigate potential impacts on local community, community consultation will be made throughout the Project implementation while grievances will be addressed at the village, district, province, and national levels. The GRM principles and process described in Section 7 of the ESMP report will be applied at all Project levels including contractors. Grievance related to safeguard issues from ethnic groups that result from Project activities will be resolved by the Grievance Redress Committee (GRC). At each level grievance details, discussions, and ESMP Attachment 1-9 49 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan District, Bolikhamxay (BKX) Province outcomes will be recorded in a grievance logbook, and the data provided to the GRC for recording in the ‘Grievance and Complaints Logging System’ (GCLS). Status of grievances submitted, and grievance redress will be reported to DPWT management through the monthly reporting as generated by the GCLS. The complainant also retains the right to bypass this procedure and can address a grievance directly to the EDPD/PTI Office or the National and Provincial Assembly, as provided for by law in Lao PDR as well as to the World Bank through the World Bank’s Grievance Redress Service (GRS). Key requirements can be highlighted below. 18. The GRM process will be operated as follows: • The EDPD/PTI at the MPWT in Vientiane will host the GCLS. • In each Project Province, the Environment and Social Unit (ESU) under the DPWT—who are responsible for monitoring contractors—will assemble records of all complaints, and supply them to the EDPD/PTI either directly, or by entering into the GCLS. • For each province, a ‘Grievance Redress Committee’ (GRC) will be established. The GRC will nominate a secretary who is responsible to monitor and facilitate resolution of complaints. • The affected peoples (AP) (or his/her representative) may submit his/her complaint in a number of ways e.g. by written letter, phone, SMS messages and email to the GRC or, alternatively, raise his/her voice in a public or individual meeting with project staff. 19. Before construction, PMU/DOW and EDPD/PTI will establish a GRM mechanism and disseminate information to the public, local communities, and contractor. During construction, contractor will be required to regularly conduct consultation with local community and report to DPWT on GRM implementation. The status of submitted grievances and grievance redress will be reported to Project Manager through the monthly report (see Attachments 8 for forms). A5.4 ESMP Implementation Arrangement 20. The Project-ESMP implementation arrangement, capacity building and training, and budget arrangement will be implemented according to Section 8 of the ESMP report. To ensure effective implementation of these activities on the ground, priority actions will be as follows: • DPWT will establish a Safeguard Monitoring Working Group (SMWG) comprising DPWT, PONRE, LWU, and other related local authorities to be responsible for undertaking periodic monitoring of the ESMP and ARAP implementation including GRM tracking and Contractor performance of the approved C-ESMP. • EDPD/PTI will (a) provide specific guidelines and more extensive training and capacity building on occupational and community health and safety (OCHS) to DPWT, PONRE, contractors, and the SMWG, including ways for achieving effective site management and use of Personal Protection Equipment (PPE), active participation of local communities, and effective application of GRM record; (b) review/revise the current monitoring and reporting forms to enhance effectiveness of the monitoring and reporting process; and (c) ensure that adequate budget can be ESMP Attachment 1-9 50 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan District, Bolikhamxay (BKX) Province transferred to the DPWT and the SMWG and timely submission of the ES monitoring report (ESMR). • The proposed mitigation measures identified in Table A5.1 and Table A5.2 will also be applied to the implementation of works and technical assistance (TA) activities to Figure 6.1 GRM Process be implemented under Component 1. *The GRC will meet to try and resolve Local the matter at community level and make Resolution Measures a recommendation within 7-10 working days from receipt of complaint. If there Solved End is no decision after 10 days, the AP can refer the complaint to the Director of If NOT Grievance Redress Committee DPWT in the province who will then (Project Level) address the complaint and respond to the complainant within 20 days. Solved in 10 End days? *All submitted complaints and grievances If NOT will be entered into the GCLS within two working days of being received by DPWT the PMU and DPWT. Each complaint Solved in End and grievance will be ranked, analyzed 20days? and monitored according to type, If NOT accessibility and degree of priority. The status of grievances submitted, and If still unresolved, APs may choose to exercise their right under Lao PDR law to refer the matter to a court of law. grievance redress will be reported by EDPWT in collaboration with PMU. Box A5.5 GCLS process as part of the GRM The GCLS web site will display data on resolution rates which will enable the communities to be kept informed of progress of resolution of grievances. Individuals will be notified within 5 working days of the status of their grievance once it has been addressed by the appropriate parties. ESMP Attachment 1-9 51 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Table A5-1 Potential Environmental and Social Impacts of Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay Province Magnitude/ Impact/Issue Comment/Description of Impact Extent Duration Probability Significance Intensity Bio-Physical and Chemical The construction works such as river bank improvement and Changes in surface water river bank protection works would impact on downstream Local Construction Low Possible Minor quality surface water quality in Mekong River due to increased erosion and sediment transport. Changes in groundwater Due to the soil type, there is low permeability for pollution Local Construction Low Possible Minor quality of ground water. Embankment and river protection structure constructed by the project aims to protection sub-project sites from river Risks on river bank Construction bank erosion. However, there is a risk that river bank erosion Local Medium Possible Moderate erosion/deposition /Operation / deposition at the areas upstream or downstream of the subproject site 1 and 2 may occur. Changes to surface water The embankments and riverbank protection and other Construction hydrology downstream Local Medium Possible Moderate facilities will ease water flow. / Operation of Project areas. ▪ Dust generation: nuisance level impacts and risk to community and occupational health. Construction Changes to air quality Local Medium Possible Moderate ▪ Emissions from vehicles and equipment. / Operation Changes to ambient Noise from construction equipment/vehicles and generators Construction Local Medium Likely Moderate noise levels may affect noise levels. / Operation The construction works such as embankments and riverbank Construction protection would have a low impact on aquatic habitat and Local Low Possible Minor / Operation Changes to aquatic biota resources in Mekong River. Potential spills and leakages of hydrocarbon, hazardous Local Construction Low Possible Minor materials, hazardous and non-hazardous waste result in ESMP Attachment 1-9 52 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Magnitude/ Impact/Issue Comment/Description of Impact Extent Duration Probability Significance Intensity changes of aquatic habitat and fauna. Changes to terrestrial No significant adverse impacts on riparian flora and fauna Construction Local Low Possible Minor habitat and fauna species and habit of conservation significance expected. / Operation Introduction and spread of diseases such as covid-19 from Local Construction Medium Likely Moderate Project workforce. Community health and Community health and safety due to transportation of Local Construction Medium Likely Moderate safety construction materials Accident/incident risks to local community members gaining Local Construction Medium Unlikely Moderate unauthorized access to Project facilities. River bank improvement and river bank protection works Construction Changes to land cover Local Low Possible Minor will not require significant land use changes. / Operation Changes to areas of River bank improvement and river bank protection works Local Construction Low Possible Minor natural habitat will require riparian vegetation removal. Socio-economic and Cultural Physical displacement of River bank improvement and river bank protection works residences and other Local Construction Low Possible Minor will have impacts on existing structures and assets. physical assets. Changes involving loss Possibility of private and/or communal land loss due to the of private and/or Local Construction Low Possible Minor Project development works. communal land Possibility of loss of livelihoods during construction and Changes involving loss operation phase (e.g. local shops & services, fishing, Local Construction Low Possible Minor of livelihoods farming in certain areas). Changes involving loss Inappropriate disturbance of cultural sites and artifacts of physical cultural during construction (i.e. earthworks); lack of chance find Local Construction Low Possible Minor heritage procedure. ESMP Attachment 1-9 53 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Magnitude/ Impact/Issue Comment/Description of Impact Extent Duration Probability Significance Intensity Changes involving River bank improvement and river bank protection works physical and/or would have impacts on local businesses and services Local Construction Low Possible Minor economic displacement infrastructure. of people Potential increased traffic during construction due to Project Changes to local traffic Local Construction Medium Likely Moderate vehicles and traffic disturbance to local residents. patterns Potential ease of traffic after completion of Project works. Local Operation Medium Possible Moderate River bank improvement and river bank protection works Construction Moderate Changes to fisheries Local Medium Possible would have impacts on local fisheries. / Operation Changes in local wage Moderate Possibility of increased income and livelihood opportunities labor incomes/livelihood Regional Construction Medium Possible due to the project. opportunities Changes in local Moderate Possibility of increased income and livelihood opportunities trade/commercial Regional Construction Medium Possible due to the project. incomes/opportunities Changes in visual River bank improvement and river bank protection works Construction Moderate Local Medium Likely amenity will improve visual amenity. / Operation Changes to public infrastructure/community The Project development would affect public infrastructure resources Local Construction Low Possible Minor such as water supply, roads, bridges, etc. ESMP Attachment 1-9 54 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Table A5-2 Key Issues and Mitigation Measures during Details Design, Preconstruction, and Operational Phases *For Component 1, the construction services consultant (CSC) / field engineer (FE) will be the Implementation Support and Works Supervision Consultant (ISWS) to be mobilized by the Project Management Unit (PMU) of the Department of Waterways (PMU/DOW) # Activities Causing Mitigation Measures Responsible Entities Monitoring Remarks Impacts Indicators Preconstruction Phase 1 Works execution can Prepare and implement specific plans that can reduce the • Contractor to prepare and See indicators See Table A5- increase dust, noise, negative impacts be applied through the preparation of C- implement the C-ESMP and under 3 below and vibration, and other ESMP and the application of ECOP and COC. construction ECOP in its sub plans and submit to impacts on local (Table A5-3) Attachment environment and local CSC/FE for review and below 6A community approval • CSC/FE will regularly monitor safeguards compliance of contractor and report results to PMU/ DOW and DPWT 2 Physical displacement of • Prepare and implement ARAP. WB clearance of the • PMU/DOW assisted by the • No ARAP are residences and other ARAP will be required before implementation. detailed design consultant is unresolved prepared as a physical assets may cause standalone adverse impacts on local • VEG are not affected by the Project activities; preparing ARAP in complaints. document land user and/or local therefore, an EGEP is not required. consultation with MONE. • All people, especially the • Conduct consultation with local authorities and • PMU/DOW and DUPH/PTI complaints vulnerable ethnic groups and communities will be conducted in line with the EGEF. will assist the local authorities (VEG) corrective • Established and operationalized Project Grievance and ensure effective and actions are Redress Mechanism (GRM). timely implementation of properly ARAP. recorded in • PMU/DOW and DPWT will the GRM establish and ensure effective record operations of GRM 3 Relocation of public • The BKX project will not affected public utilities utilities During Operations. DPWT and PONRE of BKX is responsible for operations of project facilities. During project implementation, efforts will be made to ensure that DPWT of BKX will have adequate capacity to implement the mitigation measures designed to minimize potential impacts of the project during ESMP Attachment 1-9 55 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Table A5-2 Key Issues and Mitigation Measures during Details Design, Preconstruction, and Operational Phases *For Component 1, the construction services consultant (CSC) / field engineer (FE) will be the Implementation Support and Works Supervision Consultant (ISWS) to be mobilized by the Project Management Unit (PMU) of the Department of Waterways (PMU/DOW) # Activities Causing Mitigation Measures Responsible Entities Monitoring Remarks Impacts Indicators operations 1 The improved Ensure capacity and resources to ensure effective • DPWT Positive impacts infrastructure will reduce operations and maintenance of the project infrastructure • Local communities bank erosion and enhance and effective engagement with local communities. local socio-economic conditions of Pakxan District. There is a possibility of increased income and more livelihood resilience due to lower risk to annual floods 3 Operations of the river • Engaging active participation of local communities. • DPWT and PONRE to ensure GCB for Close bank improvement and Planning and design of these pilots will be made effective management of river Bolikhamxay coordination river bank protection and riverbank with local works through extensive consultation with local agencies bank (Moving towards GCB monitoring communities and local communities. for Bolikhamxay) and upstream and and the • Need effective management of river bank. Garbage riverbank monitoring downstream results and from small shops and restaurants along the improved upstream and downstream of every 50 m for 1 activities of the project site km upstream Component river bank sections will need a practical community and 2 km 1.2 with waste management. Efforts should be made to engage downstream for active local authorities and communities (LA/LC) to prevent 3-5 years involvement solid wastes and wastewater into the river. (Moving of women towards GCB for Bolikhamxay) and/or local mass • Develop and implement a program for riverbank organizations. monitoring upstream and downstream of the proposed site for 3-5 years (PONRE or local community can help identify and collect baseline data (every 50 m for 1 km upstream and 2 km downstream). ESMP Attachment 1-9 56 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Table A5-3 Key Issues and Mitigation Measures during Construction Phase (to be included in bidding and contract documents along with ECOP (Attachment 6A)) *For Component 1, the construction services consultant (CSC) / field engineer (FE) will be the Implementation Support and Works Supervision Consultant (ISWS) to be mobilized by the Project Management Unit (PMU) of the Department of Waterways (PMU/DOW) # Activities causing impacts Mitigation Measures Action Plan and Responsible Monitoring Remarks Entities Indicators Construction phase 1 Establishment and operation • Ensure that the sites for campsite are • Contractor prepares and • Location of the The measures/plan of worker camps could approved by the Project and local authority; implements plan to work camp will be implemented increase waste generation, Selection of the camp sites should be made management worker camp should be shown as part of the ECOP water pollution, and through tripartite consultation including as part of the C-ESMP to in the C-ESMP. disturbance and other direct community, Contractor, and the subproject be reviewed and approved • No complaints and indirect social impacts representative. by CSC/FE from local to local community • Ensure that basic camp facilities are • CSC/FE will regularly authorities and provided including security, septic tanks, monitor safeguards local residents latrines, safe water supply, mosquito net, compliance of contractor due to location blanket, safe paths, fire prevention and report results to PMU/ and activities of equipment, etc. DOW and DPWT the worker • Ensure that (a) washing areas, demarcated camps. and water from washing areas and kitchen is released in sumps, (b) septic tanks of *Safe and appropriate design have been used for comfortable living of sewage treatment and outlets are released staff and workers into sumps and must not create a pond of stagnant water, and (c) the latrines, septic tanks, and sumps are built at a safe distance from water body, stream, or dry streambed, and the sump bottom is above the groundwater level. ESMP Attachment 1-9 57 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province # Activities causing impacts Mitigation Measures Action Plan and Responsible Monitoring Remarks Entities Indicators • Details will be included in the C-ESMP under the Worker Camp Management Plan (WCMP) and shall be complied with the project ESMP especially Section 5.6.2. 2 Extraction and • Ensure that surface run-off controls are • Contractor prepares and • Proper Also see the transportation of installed and maintained to minimize implements plan on: traffic management of measures/plan will construction and excavated erosion. management, construction the site and no be implemented as materials (stone, sand, • Ensure that the natural resources use and/or waste management, and complaints from part of the ECOP laterite, soil, etc.) will extraction are legally permitted by GOL and emergency preparedness local authorities damage local resources and that as part of the C-ESMP, a sub plan on and response plan as part and residents environment as well as transportation of construction materials and of the C-ESMP to be increase local traffic and transportation route will be prepared. If new reviewed and approved by damage local road quarry sites are opened a rehabilitation plan CSC/FE conditions should also be prepared. • Contractor to follow • To mitigate the impacts related to noise, “chance finds procedure” dust, vibration, and risks concerning road in ECOP safety for local residents along the road • CSC/FE will regularly (including damage to road due to heavy monitor safeguards loads), contractor will be required to ensure compliance of contractor the followings: and report results to PMU/ DOW and DPWT a) All trucks used for the subproject shall be in full compliance with GOL regulations on speed limit, load permit, vehicle safety, etc.), and are properly maintained to reduce noise/vibration/dust generation. When passing through the residential and sensitive receptors areas, the speed limit ESMP Attachment 1-9 58 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province # Activities causing impacts Mitigation Measures Action Plan and Responsible Monitoring Remarks Entities Indicators should be slower (within 25-30km/hr.) than national road. b) Truck under load shall be fully covered with appropriate sheet to prevent materials from falling off the truck. c) Deploy traffic man at the village to control the traffic as needed; d) Contractor is required to implement the community health and safety measures including (i) affective management of working time (limitation of working time), strict speed control/limit for transportation of construction materials, and approval of truckload size/capacity to ensure community health and safety; e) All vehicles used for the subproject should have subproject sticker that provides information on name of the subproject and contact person who are in charge of the car operation; f) Transport road and construction sites are watered at least 3 times daily during the dry season or sunny day; g) Conduct weekly consultation with, or weekly update local authority/local community of the most updated construction plan/ schedule, including detailed plan for transportation of construction and spoil materials, ESMP Attachment 1-9 59 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province # Activities causing impacts Mitigation Measures Action Plan and Responsible Monitoring Remarks Entities Indicators including transporation times through populated areas; h) All drivers are aware of the above regulations and are committed to observing these regulations; i) Contractor’s staff is appointed to be responsible for monitoring the compliance of these regulations and keeping proper transportation records, especially those for areas such as routes near the provincial hospital, school, and temple and other areas considered sensitive and/or as agreed with LA/LC; j) Transportation during rush hours are not allowed; k) Damages to roads due to operation of trucks shall be repaired immediately to ensure road safety. Accidents caused by contractors must be reported immediately to PIU and after that the World Bank within 24 hours for timely resolution. After completion of construction work, all remaining road damages shall be repaired/ restored by the contractor as part of their obligations; l) In case water transport is proposed by contractor as option for construction materials transport, C-ESMP shall include measures to ensure safety for ESMP Attachment 1-9 60 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province # Activities causing impacts Mitigation Measures Action Plan and Responsible Monitoring Remarks Entities Indicators local people who are involved in fishing or use waterways, including the place where barges are harbored for offloading the materials, safety for barge operator, and to ensure that boats and barges do not release fuel/oil, pollutants into the water and have adequate mooring or anchoring facilities for material delivery to subproject sites; and m) Emergency Preparedness and Response Plan need to include measures for water transport. 3 Sedimentation, runoff and • Prepare and implement Spoil/dredge • Contractor prepares and • Proper The measures/plan erosion from construction Material Disposal Plan, Sedimentation and implement sub-plans as management of will be implemented areas: The removal of Erosion Control Plan, and Water Quality part of the C-ESMP to be the site and no as part of the ECOP vegetation and earthworks Management Plan as part of C-ESMP. reviewed and approved by complaints from on the river banks and in- • Ensure that surface run-off and CSC/FE local authorities stream works will detach sedimentation control measures such as • CSC/FE will regularly and residents sand, silt, and clay which sedimentation ponds and silt fences are monitor safeguards will be suspended in the installed and maintained to minimize compliance of contractor water column for eventual erosion. and report results to PMU/ deposition downstream. • After completion of construction work all DOW and DPWT the damaged roads / tracks will have to be restored by the contractor, as it is contractor’s obligations. 4 Establishment and operation • Ensure that the locations are far away from • Contractor prepares and Proper management The measures/plan of construction materials and residential areas and take actions to mitigate implements plan on waste of the site and no will be implemented equipment stockyards and dust, noise, vibration, water pollution, waste, management as part of the complaints from local as part of the ECOP access roads would increase etc. C-ESMP to be reviewed authorities and ESMP Attachment 1-9 61 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province # Activities causing impacts Mitigation Measures Action Plan and Responsible Monitoring Remarks Entities Indicators dust, noise, vibration, safety, • Implement measures indicated in related sub and approved by CSC/FE residents and disturbance to local plans described in ECOP • CSC/FE will regularly people monitor safeguards compliance of contractor and report results to PMU/ DOW and DPWT 5 Disposal of waste generated • Recycle metallic, glass waste; burry organic • Contractor prepares and • No health issue The measures/plan from project sites and waste in impervious pit covered with soil. implements plan on waste occurred. will be implemented workers camp may increase • Solid waste will be properly segregated and management as part of the • Clean work sites as part of the ECOP health issues to local people collected by private sector licensed by the C-ESMP to be reviewed and worker camp and unclean environment provincial authority to be disposed at the and approved by CSC/FE government landfill. • CSC/FE will regularly monitor safeguards compliance of contractor and report results to PMU/ DOW and DPWT 6 Construction wastes, • Procedures for on-site management and off- • Contractor prepares and • No complaints The measures/plan garbage and refuse site disposal need to be addressed in the C- implements plan on traffic from local will be implemented ESMP. A source of fill (borrow) materials as and transport management residents as part of the ECOP well as spoil disposal area will need to be as part of the C-ESMP to regarding dust, established in the area where the civil works be reviewed and approved noise, vibration, will be implemented. by CSC/FE road safety, and • It is expected that in area where excavation • CSC/FE will regularly the usage of the will be conducted site-specific sub plan on monitor safeguards tracks/access the construction materials (quarry and compliance of contractor roads borrow) and material disposal plan should and report results to PMU/ be prepared as part of the C-ESMP. DOW and DPWT ESMP Attachment 1-9 62 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province # Activities causing impacts Mitigation Measures Action Plan and Responsible Monitoring Remarks Entities Indicators • A sub plan on construction waste management and/or recycles as well as a sub plan for management of hazardous waste to be generated should also be prepared. 7 Access tracks/ haulage routs • The moving machinery should remain • Contractor prepares and No complaints from The measures/plan (if needed) within the project boundary. implements plan on traffic local residents will be implemented • Ensure that the access tracks, which are and transport management regarding dust, noise, as part of the ECOP prone to dust emissions and disturbance to as part of the C-ESMP to vibration, road safety, local resident, are managed by water be reviewed and approved and the usage of the spraying daily and the areas sensitive to by CSC/FE tracks/access roads noise and vibration are managed through • CSC/FE will regularly enforcement of speed limit control. monitor safeguards • Training, routine maintenance, monitoring, compliance of contractor and implementation of all aspects of the and report results to PMU/ contractor’s Emergency Preparedness and DOW and DPWT Response Plan are required to minimise the residual impacts to an acceptable level • After completion of construction work all the damaged roads / tracks will be restored by the Contractor, as it is Contractor’s obligations. Ensure that surface run-off controls are installed and maintained to minimize erosion. • Restriction on movement of Contractor’s vehicles on designation routes; deploy traffic man at the village to control the traffic as needed. ESMP Attachment 1-9 63 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province # Activities causing impacts Mitigation Measures Action Plan and Responsible Monitoring Remarks Entities Indicators 8 Hiring skilled workers from • Hiring of workers from the local • Contractor prepares and Number of local The measures/plan outside of the locality can communities as much as possible. implements plan on labor workers at the will be implemented create social conflicts with management as part of the worksite. as part of the ECOP local peoples C-ESMP to be reviewed and approved by CSC/FE • CSC/FE will regularly monitor safeguards compliance of contractor and report results to PMU/ DOW and DPWT 9 Poor workers safety and • Provide protective clothing and equipment • Contractor prepares and Safe working The measures/plan hygienic conditions may for workers especially those handling implements plan on conditions will be implemented cause accidents and illness hazardous materials, (helmets, adequate occupational and as part of the ECOP of workers and/or create footwear) for concrete works (long boots, community health and poor health and other social gloves), for welders (protective screen, safety as part of the C- issues to local peoples gloves dungaree), etc. ESMP to be reviewed and approved by CSC/FE • CSC/FE will regularly monitor safeguards compliance of contractor and report results to PMU/ DOW and DPWT 10 Water for staff and workers • Provide adequate and safe water for • Contractor prepares and Water tanker and The measures/plan consumption and consumption at sites and work camp. implements plan on work pump provided by will be implemented construction yard/camp as part of the the Contractor as part of the ECOP C-ESMP to be reviewed and approved by CSC/FE ESMP Attachment 1-9 64 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province # Activities causing impacts Mitigation Measures Action Plan and Responsible Monitoring Remarks Entities Indicators • CSC/FE will regularly monitor safeguards compliance of contractor and report results to PMU/ DOW and DPWT 11 Interruption of water supply • Inform residents and provide water supply • Contractor take action No complaint from The measures/plan as needed. residents will be implemented as part of the ECOP 12 Community health and • Contractor prepares and Zero accident or The measures/plan • To avoid and reduce the safety risks on safety including risks on implements plan on injuries or deaths will be implemented communities, water users, boats and water users (boat, fishermen, community health and as part of the ECOP fishermen, etc during the construction, the etc.). safety as part of the C- contractor is required to fence construction ESMP to be reviewed and area and provide safety boom for approved by CSC/FE construction activities in the Mekong River with sufficient and highly visible warning • CSC/FE will regularly signs in day time and night time (signs with monitor safeguards lighting in the night time). compliance of contractor and report results to PMU/ • DOW and DPWT 13 Social issues • Ensure that conflicts with local authorities • Contractor prepares and No social conflicts The measures/plan and local communities are avoided. implements plan on labor due to the subproject will be implemented • Ensure that focus group meetings are management as part of the activities and/or as part of the ECOP conducted with both men and women to C-ESMP to be reviewed workers. and COC on identify any water related and other issues and approved by CSC/FE SEA/SH and VAC related to the subproject implementation. • CSC/FE will regularly • To mitigate the potential social impacts monitor safeguards during construction, Code of Conduct compliance of contractor ESMP Attachment 1-9 65 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province # Activities causing impacts Mitigation Measures Action Plan and Responsible Monitoring Remarks Entities Indicators (COC) on Sexual Exploitation and Abuse and report results to PMU/ (SEA), Sexual Harassment (SH) or Violence DOW and DPWT Against Children (VAC) is provided in Attachment 6. 14 Storage of • Provide hard compacted, impervious and • Contractor prepares and No health hazard and The measures/plan hazardous bounded flooring to hazardous material implements plan on water contamination will be implemented material (including wastes) storage areas; Label each container construction site occurred. as part of the ECOP indicating what is stored within the management as part of the container. Training in safe handling C-ESMP to be reviewed techniques, routine maintenance, and approved by CSC/FE monitoring, and implementation of all • CSC/FE will regularly aspects of the contractor’s Emergency monitor safeguards Preparedness and Response Plan compliance of contractor and report results to PMU/ DOW and DPWT 15 Construction activities; • Ensure that no contaminated effluent is • Contractor prepares and No oil spill observed The measures/plan handling of fuels, oil spell released in to the environment. implements plan on will be implemented and lubricants • Ensure that fuels, oils, and other hazardous construction site as part of the ECOP substances handled and stored according to management as part of the standard safety practices such as secondary C-ESMP to be reviewed containment. and approved by CSC/FE • Fuel tanks should be labeled and stored in • CSC/FE will regularly impervious lining and dykes etc monitor safeguards • Ensure that vehicle refueling to be planned compliance of contractor on need basis to minimize travel and chance and report results to PMU/ spills. DOW and DPWT • Ensure that operating vehicles are checked ESMP Attachment 1-9 66 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province # Activities causing impacts Mitigation Measures Action Plan and Responsible Monitoring Remarks Entities Indicators regularly for any fuel, oil, or battery fluid leakage. • Training, routine maintenance, monitoring, and implementation of all aspects of the contractor’s Emergency Preparedness and Response Plan 16 Cutting of trees in the • To get agreement of the local community • Contractor prepares and No complaints from The measures/plan riparian areas. and community implements plan for site local authority and/or will be implemented clearance, excavation, residents. as part of the ECOP restoration, etc. as part of the C-ESMP to be reviewed and approved by CSC/FE CSC/FE will regularly monitor safeguards compliance of contractor and report results to PMU/ DOW and DPWT 17 Disposal of unusable • Information on impacts on spoil disposal • Contractor prepares and Minimum impacts on The measures/plan excavated materials from sites on environmental and social aspects, implements spoil disposal the environment will be implemented river improvement works relevant measures and consultation with plan as part of the C- including removal of as part of the ECOP nearby household will be prepared by ESMP to be reviewed and tree and on future DOW/PMU with support from CSC/ISWS approved by CSC/FE land use and advice from EDPD/PTI and provided • CSC/FE will regularly for WB Task Team review prior to disposal. monitor safeguards • Reuse excavated materials as much as compliance of contractor possible. and report results to PMU/ ESMP Attachment 1-9 67 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province # Activities causing impacts Mitigation Measures Action Plan and Responsible Monitoring Remarks Entities Indicators • Stockpile the excavated materials to non- DOW and DPWT agriculture and protected area and in a minimum area and away from storm water. • Consultation with local authorities and local people including nearby households will be conducted. Agreements with land owners were obtained and provided in Attachment 2. • For disposal sites: the following areas should be avoided: mountainous or high slope areas prone to erosion, environmentally sensitive areas such as water sources, wetland, and sensitive forests. • Removal of tree should be avoid and minimize. • The surplus soil to be disposed in the private land as per the agreements with land owners shall be free of shrubs or clumps of shrubs with stems. • Quality of spoil to be disposed should be tested and proper measures provided to mitigate impacts from disposal. • All truckloads of loose materials are covered during transportation. • The vehicle speed not to be exceeded from 30Km/h. Vehicles will be tuned regularly to minimize the smoke emissions. ESMP Attachment 1-9 68 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province # Activities causing impacts Mitigation Measures Action Plan and Responsible Monitoring Remarks Entities Indicators • Watering of disposal sites and/or transportation routes to minimize dust emissions. • Additional consultations with nearby households will be conducted by PMU and site specific impacts and mitigation measures will be submitted to at the WB Task Team before the disposal takes place. • In addition, the disposal site will be implemented and stabilized for a safe use and verified by the land owner before handover the site to the land owner. • DOW/PMU and CSC/FE will conduct regular compliance monitoring of disposal sites. The contractor is required to prepare a site closure report for each site with verified signature of the land owner and submit to DOW/PMU via CSC/FE 18 Loss of fertile soil and • Remove surface soil of the location, stocked • Contractor prepares and Riverbanks stabilized vegetation; impacts on in a proper place and once the construction implements plan for site and re-vegetated natural vegetation and is finished, put the soil back on that place. clearance/restoration as embankment erosion along The leftover spoil soil should be collected part of the C-ESMP to be the watercourse. and kept aside for rehabilitation of the site at reviewed and approved by later stage of the work; re-vegetate the CSC/FE embankments with indigenous plant species • CSC/FE will regularly monitor safeguards compliance of contractor ESMP Attachment 1-9 69 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province # Activities causing impacts Mitigation Measures Action Plan and Responsible Monitoring Remarks Entities Indicators and report results to PMU/ DOW and DPWT 19 Noise, vibration, and air • All truckloads of loose materials are covered • Contractor prepares and Excessive dust and The measures/plan quality (mostly dust) during transportation. Water spraying or any implements plan for noise generation will be implemented other methods are used by the Contractor to environmental quality controlled as part of the ECOP maintain the works areas, adjacent areas, management as part of the and roads, in a dustless condition, as well C-ESMP to be reviewed the vehicle speed not to be exceeded from and approved by CSC/FE 30Km/h. Vehicles will be tuned regularly to CSC/FE will regularly minimize the smoke emissions. monitor safeguards • Watering of active construction work areas compliance of contractor and/or transportation routes to minimize and report results to PMU/ dust emissions, regular and effective DOW and DPWT maintenance of equipment will mitigate emissions and noise; • Covering of construction materials, re- vegetation of disturbed areas immediately following construction also assists in reducing dust emissions; • The use of noise barriers in sensitive areas and controlling of vehicle speed and hours of work are effective noise and vibration mitigation measures. • Vehicles and equipment used to be fitted, as applicable, and with properly maintained silencers. Restriction on loudly playing radio/tape recorders etc. ESMP Attachment 1-9 70 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province # Activities causing impacts Mitigation Measures Action Plan and Responsible Monitoring Remarks Entities Indicators • Effective management of construction activities, equipment, and contractor/workers/drivers. • The C-ESMP, occupational and community health and safety plan, a sub plan to control emission of dust, air quality, noise, and vibration during construction and transportation of construction materials should be prepared. 20 Excavation of borrow areas • Excavate borrow soil up to maximum depth • Contractor prepares and Borrow area The measures/plan at average of 2m; with slope boundaries implements plan for rehabilitated as per will be implemented quarry and borrow pit specification as part of the ECOP 21 Rehabilitation of borrow pits • Proper rehabilitation of borrow pits; Removal and storage of top 15 cm topsoil management plan as part having organic materials and spreading it of the C-ESMP to be reviewed and approved by back during restoration of borrow area CSC/FE • CSC/FE will regularly monitor safeguards compliance of contractor and report results to PMU/ DOW and DPWT 22 Encountering archaeological • The project field supervisor (CSC or filed • Contractor to follow The report from the See “chance find sites during earth works engineer) will halt the work at the site and “chance finds procedure” CSC/FE, community, procedures” in inform to the regional team leader and in ECOP and contractor ECOP Archaeological Department immediately. • CSC/FE will regularly monitor safeguards compliance of contractor ESMP Attachment 1-9 71 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province # Activities causing impacts Mitigation Measures Action Plan and Responsible Monitoring Remarks Entities Indicators and report results to PMU/ DOW and DPWT 23 Aesthetic/ scenic quality • Carry out complete restoration of the • Contractor to follow all Cleanliness and See all relevant plans construction sites. ESS requirements in tidiness of works in ECOP • Remove all waste, debris, unused ECOP sites and work camp construction material, and spoil from the • CSC/FE will regularly worksites. monitor safeguards compliance of contractor and report results to PMU/ DOW and DPWT 24 Excavation in Mekong • Prepare and implement Spoil/dredge • Contractor prepares and Proper management The measures/plan River will increase turbidity Material Disposal Plan, Sedimentation and implement sub-plans as of the site and no will be implemented in the river and/or increase Erosion Control Plan, and Water Quality part of the C-ESMP to be complaints on water as part of the ECOP river bank erosion. Management Plan as part of C-ESMP. reviewed and approved by uses (water turbidity) • Ensure that surface run-off and CSC/FE from local authorities sedimentation control measures such as • CSC/FE will regularly and residents. sedimentation ponds and silt fences are monitor safeguards installed and maintained to minimize compliance of contractor erosion. and report results to PMU/ • After completion of construction work all DOW and DPWT the damaged roads / tracks will have to be restored by the contractor, as it is contractor’s obligations. 25 Possible safety risk due to Include responsibility on UXO clearance in the • PMU/DOW and DPWT No accident due to UXO risk is UXO during construction bidding document and ensure that the contractor UXO during considered low. is aware of this application construction ESMP Attachment 1-9 72 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province ATTACHMENT 6A: PROJECT ENVIRONMENTAL CODE OF PRACTICE (ECOP) 1. This attachment presents a generic ECOP to be applied during the preparation of the contractor Environmental and Social Management Plan (C-ESMP) for Bolikhamxay (BKX) project. It will be incorporated into the bidding document (BD) and contract document (CD) and the implementation cost will be part of the contract cost. The Construction Supervision Consultant (CSC) and/or field engineer will be assigned to supervise and monitor Contractor’s compliance with ECOP and the approved the C-ESMP by DOW/PMU on a day- to-day basis. The Project Implementation Unit (PIU) in Bolikhamxay province (PIU/DPWT) will be assigned to conduct monthly monitor and reporting for contractor performance. 2. Quarterly monitoring and six-moth monitoring will be conducted by the Safeguards Monitoring Working Group (SMWG) comprising PONRE/DONRE and other local entities; the Project Management Unit of the Department of Water (PMU/DOW); and the Environment Research and Disaster Prevention Division of the Public Works and Transport Research Institute (EDPD/PTI). This ECOP can be adjusted during the preparation and approval of the C-ESMP. 3. Application of ECOP: The ECOP describes the Contractor’s obligations during the construction phase with an aim to mitigate the typical potential negative impacts of civil works on local environment and local population such as increased in air, noise, vibration, waste generation, safety risks, local traffic, etc. which could be mitigate through good environmental management and construction practices. However site-specific measures may be required to address site-specific issues identified in Attachment 5 as agreed between DOW/PMU and the contractor. Key actions during the application this ECOP are highlighted as follows: • During preparation of the C-ESMP, incorporate specific actions and/or mitigation measures identified in Table A5-3 as well as those to be required by PONRE including the results from consultation with local authorities and community into the final ECOP (Parts 1, 2, and 3). Based on the initial consultation with local authorities and community specific requirements has been incorporated as the site- specific actions into Part (2) of this ECOP. This part could be modified as appropriate. • After the C-ESMP is approved by the DOW/PMU with support from CSC/ISWS and advice from EDPD/PTI, the activities will be conducted in compliance with the approved C-ESMP. 4. Scope of ECOP: ECOP requirements are divided into 3 parts: (1) General Provision and Planning, (2) Site-Specific Actions, and (3) Works Management and Monitoring. Part (1) describes roles and responsibility of the subproject owner, the Contractor, and supervisor including the basic requirements of the WB groups and the principles for Contractor to consider during the planning or development of the contractor’s standard operation procedures. Part (2) describes site-specific requirements that require particular attention as a result of specific concerns expressed by local authorities and/or communities, typical issues observed during supervision, and/or site-specific issues. Part (3) describes standard requirements during execution of works to reduce potential impacts on air, noise, vibration, water, etc. including key monitoring indicators that could facilitate effective supervision and monitoring. ESMP Attachment 1-9 73 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province 5. The following guidelines will be implemented by the Contractor and is considered as part of contract documents of the subproject to be conducted by Contractor. It is noted that the final application of the ECOP can be adjusted during the preparation of C-ESMP to ensure that it is effective and practical taking into account the nature of the contract, locations and nature of the project activities, and agreement between DOW/PMU and contractor. Key change should be reported in the E&S safeguard monitoring report. The C-ESMP will also have a clear action to mitigate potential safety risk related to UXO as well as those to be carried to address Covid19 pandemic issues (see Attachment 9). Part (1): General Provision and Planning Section (1.1) Contractor responsibility 6. The Contractor is responsible for making best effort to reduce and mitigate the potential negative impacts on local environment and local resident including making payment for all damages that may occur. Performance of the Contractor will be closely supervised and monitored by the Construction Supervision Consultant (CSC) and/or qualified field engineer as well as periodic monitored by a qualified consultant to be assigned by the subproject owner (DPWT) and/or staff responsible for the Safeguards Monitoring Working Group (SMWG). Results of the ECOP compliance monitoring will be included as part of the subproject progress report. Compliance with ECOP will be required throughout the construction period. 7. For clarity, the term “works” and/or “construction” in this document includes all site preparation, demolition, spoil disposal, materials and waste removal and all related engineering and construction activities. Section (1.2) Non-compliance reporting procedures 8. The Contractor (and its subcontractors if any) must comply with the final ECOP as well as C-ESMP as a whole. To ensure that necessary action has been undertaken and that steps to avoid adverse impacts and/or reoccurrence have been implemented, the CSC, the SMWG/DPWT, and/or the Contractors must advise the subproject owner within 24 hours of any serious incidents of non-compliance with the final ECOP that may have serious consequence. In the event of working practices being deemed dangerous either by the subproject owners, the local authorities, or the other concerned agencies, immediate remedial action must be taken by the Contractors. The Contractors must keep records of any incidents and any ameliorative action taken. The records on non-compliance that could be practically addressed (not cause serious impacts) will be reported to the subproject owner on a monthly basis. Measures will be applied against non-compliance with C-ESCP including ECOP and COC. These include the Environmental, Social, Health, and Safety (ESHS) Performance Security: two (2) percent of the Contract Price specified in the GCC, ITB 50. 9. The Contractor will be responsible for dealing with any reports/grievance forwarded by the project investment owner, Police or other agencies (by following instruction from the project investment owner representative as appropriate) as soon as practicable, preferably within one hour but always within 24 hours of receipt by either the Contractor. The CSC/SMWG will monitor and ensure that the Contractor has taken appropriate action. Where appropriate, approval remedial actions may require an agreement from the local authorities and/or other Government agencies. Procedures should be put in place to ensure, as far as is reasonably practical, that necessary actions can be undertaken to avoid recurrence and/or serious damage. Please see Attachment 7 for Accident Reporting Procedure and Form. Section (1.3) Liaising with local authorities and the public ESMP Attachment 1-9 74 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province 10. Prior to the commencement of project investment activities and throughout the construction duration, the Contractor will work closely with the local authorities and other agencies to ensure full compliance with Government regulations and will also provide adequate information on the Project to the general public, especially those that may cause public safety, nuisance, and sensitive areas and the locations of storage and special handling areas. The Contractor will provide information and reporting telephone “Hot Line” staffed at all times during working hours. Information on this facility shall be prominently displayed on site hoardings. Section (1.4) Community relations 11. The Contractor will assign one community-relation personnel, who will be focused on engaging with the community to provide appropriate information and to be the first line of response to resolve issues of concern. Contractor will take reasonable steps to engage with residents of ethnic minority backgrounds and residents with disabilities (or other priority groups as appropriate), who may be differentially affected by construction impacts. 12. The Contractor will ensure that local residents nearby the construction sites will be informed in advance of works taking place, including the estimated duration. In the case of work required in response to an emergency, local residents shall be advised as soon as reasonably practicable that emergency work is taking place. Potentially affected residents will also be notified of the ‘Hotline’ number, which will operate during working hours. The “Hotline” will be maintained to handle enquiries regarding construction activities from the general public as well as to act as a first point of contact and information in the case of any emergency. All calls will be logged, together with the responses given and the callers' concerns action and a response provided promptly. The helpline will be widely advertised and displayed on site signboards. 13. The Contractor respond quickly to emergencies, complaints or other contacts made via the ‘Hotline’ or any other recognized means and liaise closely with the emergency services, local authority officers and other agencies (based on established contacts) who may be involved in incidents or emergency situations. 14. The Contractor will manage the work sites, work camps, and workers in a way that is acceptable to local residents and will not create any social impacts due to workers. Any construction workers, office staff, Contractor’s employees, or any other person related to the Project found violating the “prohibitions” activities listed in Section (1.5) below may be subject to disciplinary actions that can range from a simple reprimand to termination of his/her employment depending on the seriousness of the violation. Section (1.5) Prohibitions 15. The following activities are prohibited on or near the subproject sites: • Cutting of trees for any reason outside the approved construction area; Hunting, fishing, wildlife capture, or plant collection; Buying of wild animals for food; Having caged wild animals (especially birds) in camps; Poaching of any description; Explosive and chemical fishing; Disturbance to anything with architectural or historical value; • Building of fires; Use of unapproved toxic materials, including lead-based paints, asbestos, etc.; Use of firearms (except authorized security guards); Use of alcohol by workers in office hours; Driving in an unsafe manner in local roads; and • Washing cars or machinery in streams or creeks; Maintenance (change of oils and filters) of cars and equipment outside authorized areas; Creating nuisances and ESMP Attachment 1-9 75 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province disturbances in or near communities; Disposing garbage in unauthorized places; Indiscriminate disposal of rubbish or construction wastes; Littering the site; Spillage of potential pollutants, such as petroleum products; Collection of firewood; Urinating or defecating outside the designated facilities; and Burning of wastes and/or cleared vegetation. Part (2) ESS Specific Requirements Section (2.1) Implementation of “Chance Find Procedures” 16. If the Contractor discovers archeological sites, historical sites, remains and objects, including graveyards and/or individual graves during excavation or construction, the Contractor will carry out the following steps: - Stop the construction activities in the area of the chance finds; - Delineate the discovered site or area; - Secure the site to prevent any damage or loss of removable objects. In cases of removable antiquities or sensitive remains, a night guard shall be arranged until the responsible local authorities or the National Culture Administration take over; - Notify the project engineer, supervisor (CSC), the project owner (PMU/DOW), and/or DPWT and EDPD/PTI who in turn will notify the responsible local authorities and the provincial Culture Department immediately (within 24 hours or less); - Responsible local authorities and the provincial Culture Department would be in charge of protecting and preserving the site before deciding on subsequent appropriate procedures. This would require a preliminary evaluation of the findings to be performed by the archaeologists of National Culture Administration. The significance and importance of the findings should be assessed according to the various criteria relevant to cultural heritage; those include the aesthetic, historic, scientific or research, social and economic values; - Decisions on how to handle the finding shall be taken by the responsible authorities and the provincial Culture Department. This could include changes in the layout (such as when finding an irremovable remain of cultural or archaeological importance) conservation, preservation, restoration and salvage; - Implementation for the authority decision concerning the management of the finding shall be communicated in writing by relevant local authorities; and - Construction work could resume only after permission is given from the responsible local authorities or the provincial Culture Department concerning safeguard of the heritage. Section (2.2) Implementation of the Environmental, Health, and Safety (EHS) guideline ESMP Attachment 1-9 76 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province 17. In line with the WB safeguard policy, the Contractor is required to comply with the Environmental Health and Safety Guidelines (EHSG)7 established for the project investment with financial support from the WB. For the Project, the Contractor will prepare a number of management plans/sub plans to protect the local environment and ensuring safety of workers and local peoples. On the latter, an occupational and community health and safety plan (OCHSP) will be prepared and incorporated into the Contractor’s own Standard Operating Procedures (C-SOPs). At a minimum the following rules will be strictly followed, however, more comprehensive measures may be required: Site Environment and OCHS Rules - Daily and weekly OCHS orientation sessions before starting work; - Wearing of personal protective equipment (PPE) such as gloves, helmets, safety shoes, dungarees, goggles etc; - Follow the messages and instructions displayed on the environmental management plans and OCHS notice boards installed on site; - Promptly reporting all accidents to the concerned authority; - Maintain appropriate barricades of dangerous areas, as required; - Vehicles must be driven at a safe speed, observing speed limits of 30 Km/h in sensitive areas and use only the designated routes as mentioned in the Traffic and Transport Management Plan (TTMP); - Drivers must have a valid driving license for the class of vehicle they are operating; - Vehicles should only be parked in designated parking areas; and - Land mines/UXO clearance of the project area as needed. Health and Hygiene: The measures should include: - Provision of adequate medical facilities to the staff; - Provision of hygienic food to the employees; - Provision of cooling and heating facilities to the staff; and - Provision of drainage, sewerage and septic tanks in camp area. Security: Security measures should include: - Regular attendance and a controlled time keeping of all employees; - Restriction of un-authorized persons to the work areas and/or worker camps; 7 The EHSG provides general guidance on the pollution prevention and abatement measures and workplace and community health and safety guidelines that are normally acceptable in WBG-supported projects, particularly in cases where the borrowing country does not have standards, or when its standards fall significantly short of international or industry-wide norms. The EHSG are divided in two parts: general guidelines on health and safety and pollution prevention and abatement, including general standards for air and water quality, and a set of sector-specific guidelines for various types of development projects. ESMP Attachment 1-9 77 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province - Restriction of carrying weapons and control hunting by employees; and - Provision of boundary walls/ fences with proper exits to the camp. Section (2.3) ESS Requirements before Commencement of Construction 20. Before construction begins (at each Project site), all the following requirements will be completed, checked and approved by DWPT, PONRE, and EDPD/PTI: - Within 28 days after contract awarded, submission of the C-ESMP with adequate measures to mitigate potential negative impacts described in this ECOP. The C- ESMP will be prepared in line with the Project-ESMP and it will be reviewed and approved by PMU/DOW with support from CSC/FE and advice from EDPD/PTI. The approved C-ESMP will be sent to EDPD/PTI, DPWT, and/or PONRE. - Recruitment of key ESS staff of the contractor to be responsible for environmental, social and safety aspects. - Establishment of worker camps with quality health services and sanitary equipment and all required supporting facilities and workshop/material storage area in comply with the ESS requirements related to the labour management, worker camp and storage area described in Part 3. Worker camps and storage areas will be checked and approved by DPWT and PONRE before moving or utilization of the area. - Development of Code of Conducts (COC) and Company Project Rules regarding health and safety of workers and local communities to prevent and address potential risks and issues associated with possible labour influx including SEA/SH and VAC (see Attachment 6). The Contractor will provide training to all Contractor’s staffs and workers working for the Project. Code of Conducts and Company Project Rules will be signed and stamped by company management team and all staffs and workers. - Provision of a list of Contractor’s key staff, engineers, and worker to be working on site. The information will be included, but not limited to, personal data, criminal check and health data to ensure that all employees are free of the following diseases: liver cancer and sexually transmitted diseases (STDs) with the following information: names and surnames, ages, address (village, district, province, contact details, status (single, married), health (good), family information (number of children, name of wife, address and contact details) and among others. The list of employees will need to be attached in C-ESMP and distribute to all project affected communities/villages. - Consultation with affected communities/villages on Project activities, risks/ impacts, prevention and mitigation measures and other community health and safety information. The consultation reports will be submitted to DWPT and EDPD/PTI with list of participation and minutes of consultation. 21. The Contractor will (a) install signs and signals on works in progress to ensure safety both during day and night time; (b) ensure no blockage of access to households during construction and/or provide alternative access, provide footbridges and access of neighbours; ESMP Attachment 1-9 78 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province and (c) endure construction of proper drainage on the site. The measures should be considered and the key ones are highlighted as follows: - Project sign board will be installed at the beginning and the end sections of the Project. - Speed limit signs will be installed at both edges of village, communities, schools, hospitals and other sensitive areas with speed limit between 20-25km/hr or any speed issued by local authorities; - Speed limit and caution signs at both edges of each active construction area; - Install signs indicating way to work camps, borrow pits, quarries, etc., - Bypass signs, reflection, etc., - Ensuring that local communities are active involve in the planning and installation of these signs and help preventing damages and/or loss as much as possible. 22. The Contractor will also be required to complete the environmental management sub plans and the OCHS Plan and complete at least one training for all contractor staff and workers working for the Project with records of any training and induction. Periodic and follow-up trainings will be conducted at least 1 time in every 3 months. Section (2.4) ESS Requirements during Construction and Project-Site Closure 23. The ESS requirements during Construction is provided in Part 3. The Contractor will also be required to manage all activities in compliance with laws, rules and other permits related to site construction regulations (what is allowed and not allowed on work sites) and will protect public properties. Degradation and demolition of private properties will be avoided. Paying compensation to damage to the public facilities and/or private property will be required. The Contractor will inform PMU/DOW and DPWT on issue and/or damages that may unexpectedly occur. 24. As part of the ECOP, the Contractor is responsible for protection of local environment against dust, air, noise, vibration, exhaust fuels and oils, and other solid wastes generated from the work sites. The Contractor will manage waste properly and do not burn them on site and will also provide proper storage for construction materials, organize parking and displacements of machines in the site. Used oil and construction waste materials must be appropriately disposed-off and adequate waste disposal and sanitation services will be provided at the construction site next to the generated areas. In order to protect soil, surface and ground water the Contractor will avoid any wastewater discharge, oil spill and discharge of any type of pollutants on soils, in surface or ground waters, in sewers and drainage ditches. Compensation measures may be required. 25. Construction site closure. Before each Project site is considered completed, the following actions will be undertaken: - Clean up all wastes and disruption and removal of construction equipment, construction waste and general wastes from the Project ROW and all location used by the Project during construction such as worker camps, parking bays, and storage areas, borrow pits, quarries and ancillary facilities. - Stabilize all borrow pits or implement all agreed measures in accordance with agreements stipulated in minutes or documents signed between the Contractor ESMP Attachment 1-9 79 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province and landowners. If needed, signing of a handover documents for borrow pits will be required. - Stabilize and/or rehabilitate all project sites to ensure community safety and erosion control. - Together with DPWT and PONRE, provide training on OHS to all affected community. All training will be recorded and affected communities will sign the training received sheet. - Submission of ES Site Closure Report to DPWT and EDPF/PTI one month before project completion inspection. Any potentially defects to the works will be fixed to ensure good conditions before completing the contract. Section (2.5) GOL Regulations and Comments from Local Communities 26. Initial Environmental Examination) has been prepared and Environmental Compliance Certificate (ECC) has been issued before commencement of construction. The Contractor will be required to comply with the ECC approval conditions as well as to be responsive to the concerns and/or the requests made by local authorities and/or local communities throughout the contract period. Part (3) Works Management and Monitoring 27. This section provides technical guidance on the ESS requirements during construction phase. At a minimum, the Contractor is required to prepare and submit to DOW/PMU through CSC/FE the following, but not limited to, plans/sub plans: (i) Construction Site Management Plan (CSMP) including site safety, spill prevention, and emergency response, (ii) Occupational and Community Health and Safety Plan (OCHSP), (iii) Environmental Quality Management Plan (EQMP), (iv) Site Clearance and Borrow Pit Management Plan (SCBMP), (v) Waste Management and Recycling Plan (WMRP), (vi) Works/Worker Camp Management Plan (WCMP), (vii) Traffic and Transportation Management Plan (TTMP), (viii) Labor Management Plan (LMP), and (ix) Monitoring and Reporting Plan (MRP). Scope of these plans are described below. Section (3.1) Construction Sites Management Plan (CSMP) 28. This plan aims to mitigate potential impacts at the construction sites in general. Key requirements are related to working hours, site layout and appearance and good housekeeping as well as operations of equipment and vehicles including prevention of spill and emergency response. Monthly inspection/meeting should be conducted to ensure that these procedures are adhered to. The Contractor must follow a ‘good housekeeping’ policy at all times. Preparation of contractor SOP (C-SOP) may be required by DOW/PMU. All Project sites should be cleared by the Contractor on completion of the construction. (a) General requirements on construction sites 29. The Contractor is required to minimize, as far as reasonably practicable, any adverse environmental impact of their construction activities. All appropriate licenses and consents in respect of site operations will be timely secured. A construction site should satisfy the following requirements: - Working hours: Core working hours will be from 0800 to 1800 on weekdays and 0800 to 1300 on Saturday and this should be established in close consultation with local authorities and local resident. Noisy operations will not take place outside ESMP Attachment 1-9 80 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province these hours without prior approval from the SMWG/CSC/FE. All construction related traffic can be adjusted according to the agreed working hours for each site. Any exemption will require an agreement with the PMU/DOW, CSC/FE, and/or local authorities. - Site layout. The overall site layout must be designed and approved under regulations to suit the construction location, the site’s area, natural and climate conditions in the place of construction, facilitate the construction and ensure safety for human, machines and equipment at the construction site and the surrounding areas affected by construction activities. - Site arrangement. Supplies and materials are placed neatly according to the approved overall plan design. Supplies, materials and obstacles are not placed on roads, emergency exits or fire entrances. Flammable and explosive material warehouses are not arranged near the place of construction and tents. Waste materials are removed and discharged in prescribed places. Water drainage systems are regularly cleared to ensure that the construction ground is always dry. - Signs. At the construction site, appropriate signs must be installed. At the main entrance, a plan of the overall ground of the construction site and working regulations is displayed. Safety measures and rules are publicized at the construction site for compliance. At dangerous places at the construction site, such as areas going through local community with limited space and/or dangerous operations, installation of temporary fences, warning signs and instructions for accident prevention (including installation of light/reflection) must be provided. - Good housekeeping: The Contractor will follow a ‘good housekeeping’ policy at all time for the workers and the surrounding environment. This will include, but not necessarily be limited to the following: dust and noise control; waste treatment, keeping the site clean and tidy. To sites located near residential areas, wastes must be covered and collected and properly disposed-off. Construction and waste materials during transportation must be properly covered to ensure safety and environmental sanitation. - Training of staff and workers. Before starting construction, an approved design of construction measures including those related to transportation of construction materials are required. The measures will include those to ensure safety of workers, construction machines and equipment for each job, and/or local people. Training of workers and/or drivers on technical and use instructions, etc. will also be required. During construction, the approved design as well as regulations, standards and technical processes are complied with. Jobs dependent on the quality of previous jobs are performed only after the previous jobs have been tested to meet quality requirements under regulations. (b) Local cultural and traditional sites 30. The Contractor is required to respect local cultural/historical sites, including temples and other spiritual sites/resources for ethnic peoples and ensuring security and privacy of women and households in close proximity to the camps. Measures can be included in an appropriate management plan described in this ECOP. (c) Fire, spill, and emergency plan 31. The Contractor to set up specific measures for prevention of fire and spill of toxic/hazardous chemicals and provide appropriate facilities and equipment that could help ESMP Attachment 1-9 81 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province fighting fire at the construction site, which has its own working regulations on its specific duties and powers. A sub plan on to prevent fire and toxic/hazardous chemical spill will be prepared and approved under regulations including preparation of emergency response. This will include assignment of specific staff and/or team to be responsible for ensuring safety and organizes training on these procedures. In/near urban area, at the construction site, local fire- fighting equipment are arranged (if possible). At fire-prone places, inflammable signboards and fire-fighting and alarm equipment are installed to promptly detect fires and take remedies. Section (3.2) Occupational and Community Health Safety Plan (OCHSP) 32. This plan aims to ensure safety of contractor workers and staff who work on the Project and well as protection of community safety. Experience of riverworks in Lao PDR suggested that safety of worker and local community are high priority, especially when the activities are conducted in rural and/or mountainous areas due to limited space/area for operations of heavy equipment and vehicles. 33. The Contractor is required to take the following actions: - Conduct a safety risk assessment of all construct sites and identify the area and type of safety risks and prepare/implement measures to mitigate them effectively. Electric equipment should be safely insulated during the construction process while the workers knowledge on safety techniques and ways to give first aid to persons who get electric shock and/or accident should also be provided. - Ensure that key managers and workers are fully capable in the jobs they perform under regulations. Operators of construction machines and equipment and performers of jobs with strict labor safety requirements are trained in labor safety and possess labor safety cards under regulations. Workers at the construction site are provided with medical checks-up and safety training and adequate personal safety equipment under the labor law. - Construction machines and equipment with strict labor safety requirements are inspected by and registered with competent agencies under regulations for operation at the construction site. During operation, they comply with safety processes and measures. If construction equipment is operated outside the construction site, the investor approves safety measures for construction-affected people, machines, equipment and works inside and outside the construction site. If due to construction conditions, equipment have to be placed outside the construction site and while not in operation, if they operate outside the construction site, such is permitted by authorized agencies under local regulations. - Unexploded Ordnance (UXO): Although the risk is considered low, but due consideration and actions will be required. The Contractor will be responsible for ensuring UXO safety of the construction site. The response process needs to be included in emergency procedures. The emergency procedures will be prepared and carried out if UXO risk is identified at the construction site. 34. The Contractor is also responsible for maintaining good hygiene, safety, and social welfare security of the work sites, including protection of and health and safety of staff and workers. The Contractor will prevent standing water in open construction pits, quarries or fill areas to avoid potential contamination of the water table and the development of a habitat for disease-carrying vectors and insects. Safe and sustainable construction materials and construction method should be used. Section (3.3) Environmental Quality Management Plan (EQMP) ESMP Attachment 1-9 82 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province 35. This plan aims to reduce potential impacts on air, noise, vibration, and water quality. During construction, the Contractor will specifically take serious actions on the following: - To control dust by using water or through other means and the construction site will be cleaned on a daily basis; - To work with local authority and management local traffic effectively and ensure traffic access and safety of local residents and river users during the works. Speed limit at work sites and community area will be applied to all vehicles and cars. All vehicles and their drivers must be identified and registered, and the drivers are properly trained; 36. Dust, noise, and vibration. The Contractor must make efforts to control dust, noise, and vibration levels from the site, as far as is reasonably practicable. Excessive noise/vibration generation activities must be in accordance with GOL standards. For critical areas, the Contractor many be required to conduct noise measurement in close consultation with the local residents and establish appropriate measures to control and manage noise level. Measures for reducing dust and other air pollution, noise, and vibration are provided as follows: - Inform the residents: Prior to commencement of work at any site, the Contractor will be required to inform the local authority and residents regarding the construction plan and potential noise and vibration that may occur from the construction activities, including measures to reduce noise and vibration. - Dust control: The Contractor will ensue that no burning of waste materials on site; adequate water supply is available on site; dry sweeping of large areas is not allowed; Cover all trucks carrying loose or potentially dusty materials (soil, mud, etc.) to and from construction site; Water or sprinkle the construction areas periodically, especially at site located near residential area; avoid overloaded of trucks; routinely clean public roads and access routes; Ensure vehicles working on site have exhausts positioned such that the risk of re-suspension of ground dust is minimized (exhausts should preferably point upwards), where reasonably practicable; Control driving speed on un-surfaced haul routes and work areas; Ensure bulk cement and other fine powder materials are delivered in enclosed tankers and stored in silos with suitable emission control systems to prevent escape of material and overfilling during delivery; Mix large quantities of cement, grouts and other similar materials in designated areas; Store materials with the potential to produce dust away from site boundaries where reasonably practicable; Minimize the amount of excavated material held on site; Sheet, seal or damp down unavoidable stockpiles of excavated material held on site, where required; Seal or re-vegetate completed earthworks as soon as reasonably practicable after completion. - Care must be undertaken during the transportation of construction materials to and from the construction site; the spoil must be covered at all time. Fly-tipping will not be permitted. Loads must only be deposited at designated sites. The Contractor will be responsible for all the trucks delivering to, or exiting from, a worksite and will clean up all damage that may occur to public road and other public facilities. Care should be taken when loading or unloading vehicles or dismantling scaffolding or moving materials to reduce impact noise. Loading or unloading bays may have to be housed in suitable acoustic enclosures. ESMP Attachment 1-9 83 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province - Noisy plant or equipment including will be sited as far away as is practicable from noise sensitive buildings. The use of barriers, (e.g. soil mounds), site huts, acoustic sheds or partitions to deflect noise away from noise sensitive areas should be employed wherever practicable. - The Contractor will be obliged to comply with the vibration levels according to GOL standards. Due attention will be given to minimize human exposure (1 Hz to 80 Hz) and protection of damage to nearby structures. 37. Water quality. The Contractor must take all the efforts to prevent wastes (solid and liquid) discharge into all rivers and to protect surface and groundwater from pollution and other adverse impacts including changes to water levels, flows and general water quality. Discharge of engine oil and oily waste from dredgers and construction machines to the rivers will be strictly prohibited. Engine oil, used oil, and other toxic substances and hazardous wastes must be properly collected, stored, treated, and/or disposed-off. Key measures are as follows: - Used oil/engine oil: The oil container at the construction site (especially when the site is located less than 10 meters from the waterways) must be of sufficient strength to ensure to prevent leakage. The container must be situated within a secondary containment system (bunded), which will prevent the release of any leaked oil. The Contractor must make provisions to ensure that all hazardous substances including oil drums or containers on site are properly labeled and properly stored and that no oil or other contaminants are allowed to reach water courses or groundwater. - Wastewater from sites: Whenever possible, the Contractor must minimize the amounts of wastewater that need to be discharged and find alternative means of disposal. The Contractor will ensure that any seepage and wastewater arising from the works and camp sites must be collected and discharged via a settlement tank. The standards for wastewater treatment prior to discharge must be agreed in advance with the ESA. Contaminated water or water of an uncertain quality must be discharged into sewers by tankers or other approved means of disposal. - Drainage. Water drainage must be designed to avoid stagnant conditions that could create bad smell and unsanitary condition. The Contractor must agree with the ESA in advance, details of the methodology to be employed, prior to commencement of the construction. Particular attention must be given to regular pest control treatment (particularly rats and flies); removal of sludge and other debris after drainage; reducing smell nuisance from sludge and algae by measures including deodorizing, hosing down etc. Safety measures must also be taken to protect both the general public and employees and to prevent fly-tipping and illegal access during the development works. Section (3.4) Works/Worker Camp Management Plan (WCMP) 38. This plan aims to mitigate negative impacts due to establishment and operations of work yard and worker camps including storage site management. The Contractor will carry out, but not limited to, the following: - The Worker Camp and workshop storage area will be located on areas far enough from water points, houses and sensitive areas in consultation with the community and the subproject owner. Worker camps shall not be located within 500 meters of any sensitive receptors, urban area and at least 200 meters from any surface water course and not within 2km of a protected area. ESMP Attachment 1-9 84 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province - Worker camps, cooking facilities, and toilets will be provided with roofs, walls and wooden floors or paved with concrete while the camp yards and storage can be compacted or paved with gravels. If possible, the worker camps should be fenced and provided with entrance gates to prevent unauthorized entry. In addition, the worker camps will be provided with storm water drainage system around the camp facilities to prevent flooding, mud, erosion and sediment transport to natural environment. - Worker camps will be provided with basic facilities and utilities including but not limited to: office, notice boards and regulations of the company and about the Project, beds, mosquito nets, blankets, clean drinking water and safe portable water, sufficient waste bins, first aid kits and necessary medicines, fire extinguishers, etc. - For bathing and toilets, the Contractor will ensure that )1(separate toilets for males and females and sewage and wastewater will be retained in sediment pond(s); (2) Toilet chambers will be designed appropriately to be able to treat sludge and sewage prior to discharge to closed retention ponds without exposure to vectors and/or diseases; (3) building of toilet rooms, sewage chambers and retention ponds will be away from natural water bodies, streams, and wetland areas. The floor of retention chambers will be above the aquifer layer. - Material storage facilities and workshop will be in proximity or within work camp area with fences, compacted ground or paved with gravel and drainage system. - Hazardous material storage area will be provided with roof, walls and concrete floor and bunds, storm water drainage and oil traps. Engine oil change requires steel trays on the floor to prevent hydrocarbon spills on soils. If spill is found, immediate cleaning is required by collecting contaminated soil and to a temporary container and maintained in hazardous storage area. 40. The Contractor will consult with local authority regarding the location of the worker camps and will provide appropriate water supply, garbage collection, toilets, mosquito net, and other health protection measures to all workers. Fishing, wildlife hunting, and other social disturbance to local societies are prohibited. Training of workers on safety, good hygiene, and prohibitions activities is required. Detail measures as follow: (a) During the preconstruction stage: - Contractor will consult with local authority and subproject management unit regarding the location of the worker camps - Once work camp location is identified, the Contractor will set up temporary accommodation for all the workers throughout the construction or maintenance period. In terms of supply and storage of domestic water at the work camp area, the Contractor will comply with the following requirements: (a) Provide adequate drinking water supply for the work camps in appropriate tanks/containers. The Contractor will identify appropriate public water source for drinking in consultation with the local authority; (b) in case no appropriate source of water is identified, the Contractor will take water from other sources which will be tested and treated before supplied to the work camps; (c) All water supply and storage ESMP Attachment 1-9 85 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province areas must be away from the wastewater storage area, drainage system or other sources of contamination according to the regulations. Water from drains or contaminated water must not be used as domestic water at the site. - At all construction sites, facilities for washing and necessary and appropriate tools must be provided by the Contractor. Bathrooms must be provided separately for male and female workers. Such facilities must ensure convenience for use and cleaning. - Waste discharges, wastewater must be properly collected and disposed-off. - First aid/Emergency aid kit. The first/emergency aid kit must be available at the work camp area and managed by a responsible person. This person must be trained on emergency/first aid. Injured or seriously sick people must be taken to the nearest hospital. - Community relations. The Contractor will ensure that conflicts between the workers and local population are avoided. (b) Construction stage: - Work camps must be kept clean and tidy, unaffected by oil spill and construction wastes. Any oil spilt or leaked must be cleaned immediately to avoid soil and water contamination. Some actions to carry out are as follow: (a) avoid oil leakage into surface water or groundwater; (b) wastewater must not be disposed directly to natural water areas; (c) solid waste materials are removed and discharged in prescribed places at frequent intervals; (d) First/Emergency aid supplies and materials and cleaning tools are regularly provided. - PMU/DOW and/or CSC/FE will monitor the housekeeping of work camp areas and ensure these areas are kept clean throughout the construction period. (c) Construction completion. - During this stage, all work camps and facilities will be cleared away and removed from the site. The site will be rehabilitated to ensure the operation of the works. Section (3.5) Site Clearance and Borrow Pit Management Plan (SCBMP) 41. This plan aims to mitigate negative impacts due to excavation, site clearance, tree cutting in project alignment, stockpiling, quarries, and borrow pits including the needs for revegetation and/or rehabilitation of the work sites. Considerable amounts of borrow materials will therefore be needed to improve the swamp ground, including replacement of swamp deposits with rock fill, and in areas of embankment to attain the appropriate height of earthworks on which to form the required works. (a) Tree cutting, quarry and borrow pit 42. Tree cannot be cut without approval from CFC/FE. The Contractor will use a quarry of materials according to the regulations and compensate by planting of trees in case of deforestation or tree felling. When possible, the Contractor should develop maintenance and reclamation plans, protect soil surfaces during construction and re-vegetate or physically stabilize eligible surfaces, preserve existing fauna and flora and preserve natural habitats along streams, steep slopes, and ecologically sensitive areas. 43. The materials required to be sourced locally for riverworks construction including (river profile improvement, dike and bank-protection), riverside parks, bridges, weirs and urban drainage improvement. Borrow materials for embankment fill. Quarry stone for ESMP Attachment 1-9 86 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province production of aggregates for asphalt, crushed stone base, concrete and masonry works; and Sand for concrete and mortar. It is expected that these sites will supply source materials to the closest section of the alignment to minimise the impact of transporting materials. 44. Commercial quarries and borrow pits approved by local environmental agencies should be used as much as possible. If non-commercial quarries and/or borrow pits are newly opened or expanded and used, in consultation with the CSC/FE, the Contractor will comply with the following requirements: - Large-scale borrow pits or stockpiles will need site-specific measures that may go beyond those required in this ECOP. - All locations to be used must be previously identified in the approved construction specifications. Sensitive sites such as scenic spots, areas of natural habitat, areas near sensitive receptors, or areas near water should be avoided. - When water pollution is expected, an open ditch will be built around the stockpile site to intercept wastewater. - Stockpile topsoil when first opening a borrow pit and use it later to restore the area to near natural conditions. - If needed, disposal sites will include a retaining wall. - If the need for new sites arises during construction, they must be pre-approved by the responsible local authorities. - If landowners are affected by use of their areas for stockpiles or borrow pits, they must be included in the project resettlement plan and proper agreement and record will be secured. - For any stockpile, quarry, or borrow pit sites opened for this project should be used only for the project activities and it should not to be used afterwards, unless it has been authorized by local authorities. - If access/rescue roads are needed, actions to mitigate all negative impacts described in this ESCOP will also be applied. The alignment for each of these roads must be clearly determined with its impacts and mitigation measures. (b) Earth excavation and demolition materials 46. During site physical clearance, earth excavation must be carefully handled to reduce dust and possible obstruction and causing nuisance and health impacts to local residents. Excavation that affects existing traffic and public utilities (such as pipeline, water supply, and bridges) must be properly planned in consultation with local authority and informed to the residents in advance. All excavation materials will be reused for dike/weir/gate construction and/or land filling at or nearby the work site. Demolition materials must be properly disposed-off. The Contractor must consult PMU/DOW and/or CSC/FE on the final selection of disposal sites and methods. 47. To mitigate potential impacts of material excavation include: Potential UXO risk; Exposure of soil that has the potential to lead to increased erosion and discharge of sediment into waterways; Exposed faces and slopes that may be at risk of landslide or collapse; The dewatering of some areas within source sites has potential to impact on flow activation of potential plumes; Discharge of effluents from aggregate washing and crushing has potential to impact on water quality; and Increased noise, dust and vibrations in the local area surrounding the source sites. The Contractor will consult local authorities and communities on UXO risks at all borrow materials, quarry stone and sand site, a quick assessment is ESMP Attachment 1-9 87 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province undertaken for each site to ensure that UXO risk and impacts on local community and local environment are low and appropriate actions will be made by contractor to mitigate these risks/impacts. Obtaining approval letter from local authorities is required before utilization of each site. Each site should have a clear plan for mitigation of erosion and/or sedimentation measures including construction of drainage controls and sedimentation ponds, daily deployment and maintenance of sediment control devices such as silt fences and jute netting, and planning of quarrying operations to minimise long-term exposure of erosive materials. It is expected that each quarry will also have a rehabilitation plan for the closure of the site after the sourcing of materials. (d) Protection of natural habitats. 48. The Contractor must observe the national and local regulations and policies related to protected areas/species, wildlife sanctuaries. No trees in nearby sensitive areas can be cut without obtaining prior agreement with the authorities. When possible, organize training courses to improve environmental protection awareness of the staff and local communities. When the construction activities are carried out near and/or within sensitive areas (such as conservation and protection areas), the Contractor will ensure that the workers will not be involved in fishing and wildlife hunting and/or collection of plants, biodiversity and the activities (such as borrow pit) will not be located in the sensitive area without permission of local authorities. 49. Site restoration. The Contractor will use a quarry of materials according to the regulations and compensate by planting of trees in case of deforestation or tree felling. When possible, the Contractor should develop maintenance and reclamation plans, protect soil surfaces during construction and re-vegetate or physically stabilize eligible surfaces, preserve existing fauna and flora and preserve natural habitats along streams, steep slopes, and ecologically sensitive areas. Section (3.6) Waste Management and Recycling Plan (WMRP) 50. This plan aims to mitigate potential negative impacts due to generation of construction wastes and operations of works and worker camps (construction, hazardous, domestic) including recycle and reuse plan to be conducted during project construction. (b) Construction and hazardous wastes. 51. Preconstruction and construction activities may generate large amount of construction wastes including those generating from resurfacing and excavation of soil, old road surface and/or concrete structure and other surplus materials (oily wastes, miscellaneous woods, steel, etc.). Although most of these wastes are not toxic or dangerous (except for some oily wastes such as oily cloths after cleansing machines and equipment, etc.), proper measures for waste collection and treatment are required to avoid contaminating local environment (water quality, soil, natural habitats, landscape, and scenery) and local residents. The Contractor will prepare and implement a plan to reduce the generation of these wastes. When possible, these wastes should be properly reused and/or recycle. Bags and other solid wastes will be collected for recycling while appropriate arrangement will be made if a temporary disposal area will be required. Appropriate final disposal sites must be identified and implemented. (c) Domestic solid wastes 52. Generation of these wastes (food wastes and garbage including plastic) will be minimized and/or reused when possible. The Contractor must carry out appropriate measures for waste collection and treatment. The domestic wastes will be collected in plastic or wooden bins with lids placed in convenient places and in worker canteens. Periodically, at ESMP Attachment 1-9 88 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province appropriate time, transport those bins to the disposal sites (the sites should be approved by local authorities). The Contractor must sign a contract with the Urban Environmental and Construction Company to collect and treat these wastes during construction. In case the wastes cannot be transported to the dumping site (for example, due to lack of appropriate transport route), wastes must be buried at temporary dumps in the project area in a sanitary way – a waste layer covered by a layer of soil, and when the dump is filled, it is covered by a soil layer about 50 cm thick. Temporary dump sites must be located at least 500 m away from residential areas, 200 m away from work camps and surface water sources, and not in the prevalent wind direction of the area. Upon completion of works, cover the entire temporary dumps with soil, ensure land, and landscape restoration for the subproject area. Section (3.7) Traffic and Transportation Management Plan (TTMP) 53. This plan aims to address negative impacts due to increase in traffic and transportation of construction materials especially those related to road safety, traffic congestions, dust, noise, and vibration. Key requirements are as follows: - The Contractor will be required to use designated construction traffic routes as agreed and/or directed by the local authorities and the Police. The number of truck movements, hours of operation and any truck holding areas will be agreed in advance with the local authority and the Police. Plans will be required for each site showing the site entrances/exits and the agreed access roads for use to the nearest main road, and the routes to be used by truck to and from the strategic road network. - The Contractor will maintain an up to date log of all drivers that will include a written undertaking from them to adhere to the local authority’s approved routes for construction traffic. In the case of non-compliance, the Contractor and/or their sub- contractor(s) would be in breach of contract, necessitating disciplinary action against individual drivers. - The Contractor may be required to provide truck stickers uniquely identifying the group of construction sites included in each contract, details of which shall be submitted to the local authority for approval. For identification purposes the Contractor will fix these in a prominent position on all trucks frequently serving the construction site. The identification will need to be sufficiently large to be easily read from a distance of 20 meters. Trucks waiting to enter or leave the site must switch off their engines to avoid unnecessary engine noise and emissions. Restrictions on the size and weight of vehicles accessing each site may be imposed depending on agreed access routes. 54. For construction that interference with a carriageway or footway, the Contractor will inform the local authorities, responsible agencies, and local residents before commencing the works and proposed measures to minimize the safety risk and inconvenience to the public. All necessary consents and licenses must be obtained in advance. The safety of the public must be ensured. In the case of temporary footways, reasonable access shall be provided for people in accordance with the following requirements: - Any temporary footways and carriageways will be constructed to the reasonable requirements of the local authorities and should have uniform surfaces as much as possible; - Clear signing must be provided at all times for pedestrian routes with the minimum number of changes to all temporary layouts in order to reduce confusion. Advance warning should, if possible, indicate alternative existing wheelchair-accessible routes; ESMP Attachment 1-9 89 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province - After completion of the works all materials arising from the works will be cleared from the highway leaving the same in a clean and tidy condition to the reasonable requirements of the local authorities; and - The Contractor will be responsible for any damage caused by their activities to the roads and public facilities in the vicinity of the worksite. Any defects caused by the Contractors must be rectified immediately if dangerous or otherwise within 24 hours. - Any street furniture (electrical or non-electrical) cannot be removed or relocated by the Contractor or any of its sub-contractors without written agreement from the responsible agencies. Section (3.8) Labor Management Plan (LMP) --COC 56. This plan aims to minimize potential direct and indirect social impacts of contractor’s staff and workers including their behaviors on local communities. The Contractor will be required to have appropriate contract arrangement with staff and workers as well as to prohibit actions that may cause negative social impacts (direct and indirect) due to labor influx and possible health impacts (STDs, AIDs, etc.) to local peoples. The Contractor is required to implement and comply with Occupational Health and Community Safety Plan (OHCSP) as one of main part of overall ESHS requirements. The Contractor is encouraged to hire local labours including community and female workers to extent possible. Where local labours are not adequately available in the Project sites, labour or camp site management plan and is required to be prepared and implemented and monitored potential external labour influx and associated risks including SEA/SH and VAC. Code of Conducts (COC) and Company Project Rules regarding health and safety of workers and local communities will be applied by the contractors and their sub-contractors and workers to be hired under the Project to manage the risks anticipated. 57. The Contractor will also be responsible for maintaining good hygiene, safety, and social welfare security of the work sites, including protection of and health and safety of staff and workers. The Contractor will prevent standing water in open construction pits, quarries or fill areas to avoid potential contamination of the water table and the development of a habitat for disease-carrying vectors and insects. Safe and sustainable construction materials and construction method should be used. Section (3.9) Monitoring and reporting Plan (MERP) 58. This plan aims to ensure that the mitigation measures are conducted timely and effectively. The Contractor will be required to submit the Contractor ESS monitoring report to DPWT and PONRE (with a copy to EDPD/PTI) on every 25th of each month. The report can be submitted electronically as agreed. Key monitoring sub plan and/or indicators (also see Attachment 5 Table A5-3. (a) Site Management and Monitoring 59. Following approval of the C-ESMP, the Contractor will be required to attend a series of meetings with the CSC and/or Field Engineers to ensure that all compliance conditions and procedures are clearly understood and actions can be implemented on the ground. As part of the day-to-day supervision of works, the CSC/FE is also responsible for day-to-day supervision and monitoring of compliance of the C-ESMP and reports the results in the progress report. The Contractor will be responsible for ensuring that all sub-contractors abide by the conditions of the C-ESMP. (b) M&E Plan ESMP Attachment 1-9 90 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province 60. During construction, the Contractor will specifically take serious actions on the following: - To control dust by using water or through other means and the construction site will be cleaned on a daily basis; - To work with local authority and management local traffic effectively and ensure traffic access of road safety of local residents and road users during the works. Speed limit at work sites and community area will be applied to all vehicles and cars. All vehicles and their drivers must be identified and registered, and the drivers are properly trained; - To respect the cultural sites, ensure security and privacy of women and households in close proximity to the camps and the use of asbestos containing materials is not allowed; - To conduct daily monitoring and inspection of construction activities to ensure environmental and social impacts are managed and mitigated appropriately in local communities. These potential impacts include wastes, discharge, dust, community health and safety, OCHS, construction waste contaminated on private land, social issues and social security, etc.; - To implement and maintain a good community-relations in comply with requirements in the section on Community Relation below; and - To comply with Non-compliance Reporting Procedures as specified in Part 1 of the ECOP. (c) Contractors Reporting 61. The Contractor will prepare two levels of ESS reports: - Weekly Environmental Checklists – These will be prepared weekly by the Contractor’s ESS management (ESSM) team and the checklist will be submitted to the CSC/Engineer on a weekly basis. EDPD/PTI will provide a sample for the checklist. - Monthly Summary Report - in respect of compliance with C-ESMP will be submitted to the PMU/DOW and DPWT through the CSC/Engineer (with a copy to EDPD/PTI) on every 25th of each month. The report can be submitted electronically as agreed. ESMP Attachment 1-9 91 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province ATTACHMENT 6B: PROJECT CODE OF CONDUCT (COC) ON SEXUAL EXPLOITATION AND ABUSE (SEA), SEXUAL HARASSMENT (SH), AND VIOLENCE AGAINST CHILDREN (VAC) 1. This Attachment provides guidance on the social Code of Conduct (COC) to be included in works contract to address the issues related to Sexual Exploitation and Abuse (SEA), Sexual Harassment (SH), and Violence against Children (VAC) which is a new requirement to be applied to all projects with WB financing. These samples are used in several World Bank projects by the Lao MPWT such as LRSP2 and NR13N starting 2018. Sections 6B.1, 6B.2, 6B.3, 6B.4, 6B.5, and 6B.6 presents (i) Table of contents, objectives, scope, and definitions; (ii) Samples code of conduct; (iii) Action plan; (iv) GRM; (v) Services providers; (vi) CoC Focal Point; and (vii) Attachment 1 - Potential Procedures for Addressing SEA/SH and VAC. 6B.1 Table of Content 2. Table of Content, Objective, Scope, and Definitions are as follows: Table of Contents 1. Background 2. Scope 3. Definitions 4. Sample Codes of Conduct (a) Company Code of Conduct (b) Preventing Sexual Harassment, Sexual Exploitation and abuse (SEA)and Violence Against Children (c) Manager’s Code of Conduct (d) Preventing Sexual Exploitation and Abuse, Sexual Harassment, and Violence Against Children (e) Individual Code of Conduct (f) Preventing Sexual Exploitation and Abuse, Sexual Harassment, and and Violence Against Children 5. Action Plan (a) The SEA/SH and VAC Compliance Team (b) Making Complaints: SEA/SH and VAC Allegation Procedures (c) Addressing Complaints about SEA/SH or VAC 6. GRM 7. Service Provider 8. SEA/SH and VAC Focal Point ESMP Attachment 1-9 92 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province (a) Accountability Measures (b) Monitoring and Evaluation (c) Awareness-raising Strategy (d) Response Protocol (e) Survivor Support Measures (f) Perpetrator Policy and Response (g) Administrative Sanctions Attachment 1 - Potential Procedures for Addressing SEA/SH and VAC ------------------------------------ Background 3. The purpose of these Codes of Conduct and Action Plan to prevent Sexual Exploitation and Abuse (SEA), Sexual Harassment (SH), and Violence against Children (VAC) is to introduce a set of key definitions, minimum standard sample Codes of Conduct, and guidelines that establish mechanisms for preventing, reporting and addressing SEA/SH and VAC within the work site and in its immediate surrounding communities. The application of the SEA/SH and VAC Codes of Conduct will help prevent and/or mitigate the risks of SEA/SH and VAC on the project. 4. Mutual respect and fair treatment between those working on the project and local communities is critical to a safe, respectful, and productive workplace and operating environment. SEA/SH and VAC can be one of the most serious violations of respect and fair treatment which can harm the local community, and significantly damage trust and cooperation between parties. 5. These Codes of Conduct are to be adopted by those working on the project and are meant to: (i) create common awareness about SEA/SH and VAC; (ii) ensure a shared understanding; and, (iii) create a clear system for identifying, responding to, and sanctioning SEA/SH and VAC incidents. 6. Ensuring that all project staff understand the values of the project, understand expectations for all employees, and acknowledge the consequences for violations of these values, will help to create a smoother, more respectful and productive project implementation thereby helping ensure that the project’s objectives will be achieved. Scope 7. [use what is in draft bidding documents] Definitions 8. The following definitions apply: • Sexual exploitation: any actual or attempted abuse of a position of vulnerability, differential power or trust for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another. • Sexual abuse: actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions. ESMP Attachment 1-9 93 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province • Sexual harassment (SH): Any unwelcome sexual advances, request for sexual favor, verbal or or physical conduct or gesture of a sexual nature, or any other behavior of a sexual nature that might reasonably be expected or be perceived to cause offense or humiliation to another, when such conduct interferes with work, is made a condition of employment or creates an intimidating, hostile or offensive work environment. • Violence against Children (VAC): is defined as physical, sexual or psychological harm of minor children (i.e. under the age of 18) including using for profit, labor, sexual gratification, or some other personal or financial advantage. • Accountability Measures: are the measures put in place to ensure the confidentiality of survivors and to hold contractors, consultants and the client responsible for instituting a fair system of addressing cases of SEA/SH and VAC. • Child: is used interchangeably with the term ‘minor’ and refers to a person u nder the age of 18. 8 This is in accordance with Article 1 of the United Nations Convention on the Rights of the Child. • Child Protection (CP): is an activity or initiative designed to protect children from any form of harm, particularly arising from VAC. • Consent: is the informed choice underlying an individual’s free and voluntary intention, acceptance or agreement to do something. No consent can be found when such acceptance or agreement is obtained through the use of threats, force or other forms of coercion, abduction, fraud, deception, or misrepresentation. In accordance with the United Nations Convention on the Rights of the Child, the World Bank considers that consent cannot be given by children under the age of 189, even in the event that national legislation of the country into which the Code of Conduct is introduced has a lower age. Mistaken belief regarding the age of the child and consent from the child is not a defense. • Consultant: is as any firm, company, organization or other institution that has been awarded a contract to provide consulting services in the context of the RAMP-II, to the project, and has hired managers and/or employees to conduct this work. • Contractor: is any firm, company, organization or other institution that has been awarded a contract to conduct infrastructure development works in the context of the RAMP-II project and has hired managers and/or employees to conduct this work. This also includes sub-contractors hired to undertake activities on behalf of the contractor. 8 The Kingdom of Cambodia is party to this convention. http://www.pseataskforce.org/uploads/tools/1478613357.pdf 9 See UN Resolution 62/214. United Nations Comprehensive Strategy on Assistance and Support to Victims of Sexual Exploitation and Abuse by United Nations Staff and Related Personnel; UN Secretariat (2003) ST/SGB/2003/13 Special measures for protection from sexual exploitation and sexual abuse; IOM (2016) Policy and Procedures for Preventing and Responding to Sexual Exploitation and Abuse. ESMP Attachment 1-9 94 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province • Employee: is as any individual offering labor to the contractor or consultant within country on or off the work site, under a formal or informal employment contract or arrangement, typically but not necessarily in exchange for a salary (e.g. including unpaid interns and volunteers), with no responsibility to manage or supervise other employees. • Employer: Ministry of Public Works and Transport • SEA/SH and VAC Allegation Procedure: is the prescribed procedure to be followed when reporting incidents of SEA/SH or VAC. • SEA/SH and VAC Codes of Conduct: The Codes of Conduct adopted for the project covering the commitment of the company, and the responsibilities of managers and individuals with regards to SEA/SH and VAC. • SEA/SH and VAC Compliance Team (GCCT): a team established by the project to address SEA/SH and VAC issues. • Grievance Redress Mechanism (GRM): is the process established by the RAMP-II project to receive and address complaints. • Grooming: are behaviors that make it easier for a perpetrator to procure a child for sexual activity. For example, an offender might build a relationship of trust with the child, and then seek to sexualize that relationship (for example by encouraging romantic feelings or exposing the child to sexual concepts through pornography). • Manager: is any individual offering labor to the contractor or consultant, on or off the work site, under a formal employment contract and in exchange for a salary, with responsibility to control or direct the activities of a contractor’s or consultant’s team, unit, division or similar, and to supervise and manage a pre- defined number of employees. • Online Grooming: is the act of sending an electronic message with indecent content to a recipient who the sender believes to be a minor, with the intention of procuring the recipient to engage in or submit to sexual activity with another person, including but not necessarily the sender10. • Perpetrator: is the person(s) who commit(s) or threaten(s) to commit an act or acts of SEA/SH or VAC. • Response Protocol: is the mechanisms set in place to respond to cases of SEA/SH and VAC. • Survivor/Survivors: is the person(s) adversely affected by SEA/SH or VAC. Women, men and children can be survivors of SEA/SH; children can be survivors of VAC. • Work Site: is the area in which infrastructure development works are being conducted, as part of the project. • Work Site Surroundings: is the ‘Project Area of Influence’ which are any area, urban or rural, directly affected by the project, including all human settlements found on it. ESMP Attachment 1-9 95 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province A6.2 Sample Codes of Conduct 9. This section presents three sample Codes of Conduct as the minimum standard for use under civil works contracts for the Project (RAMP-II). These codes will be confirmed and agreed upon prior commencement of works and cleared by the Supervision Consultant. • Company Code of Conduct: Commits the company to addressing SEA/SH and VAC issues; • Manager’s Code of Conduct: Commits managers to implementing the Company Code of Conduct, as well as those signed by individuals; and, • Individual Code of Conduct: Code of Conduct for everyone working on the project, including managers. (a) Company Code of Conduct: Preventing Sexual Exploitation and Abuse (SEA), Sexual Harassment (SH) and Violence Against Children (VAC) 10. In the context of the Project, the company is committed to creating and maintaining an environment in which Sexual Exploitation and Abuse (SEA), Sexual Harassment (SH) and violence against children (VAC) have no place, and where they will not be tolerated by any employee, associate, or representative of the company. Therefore, in order to ensure that all those engaged in the project are aware of this commitment, and in order to prevent, be aware of, and respond to any allegations of SEA/SH and VAC, the company commits to the following core principles and minimum standards of behavior that will apply to all company employees, associates, and representatives including sub-contractors, without exception: 1. The company—and therefore all employees, associates, and representatives— commit to treating women, children (persons under the age of 18), and men with respect regardless of race, color, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. Acts of SEA/SH and VAC are in violation of this commitment. 2. Demeaning, threatening, harassing, abusive, culturally inappropriate, or sexually provocative language and behavior are prohibited among all company employees, associates, and its representatives. 3. Acts of SEA/SH or VAC constitute gross misconduct and are therefore grounds for administrative sanctions, which may include penalties and/or termination of employment. All forms of SEA/SH and VAC, including grooming are unacceptable, regardless of whether they take place on the work site, the work site surroundings, at worker’s camps or at worker’s homes. 4. In addition to company sanctions, legal prosecution of those who commit acts of SEA/SH or VAC will be pursued if appropriate. 5. Sexual contact or activity with children under 18—including through digital media—is prohibited. Mistaken belief regarding the age of a child is not a defense. Consent from the child is also not a defense or excuse. 6. Sexual favors—for instance, making promises or favorable treatment dependent on sexual acts—or other forms of humiliating, degrading or exploitative behavior are prohibited. ESMP Attachment 1-9 96 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province 11 7. Unless there is full consent by all parties involved in the sexual act, sexual interactions between the company’s employees (at any level) and members of the communities surrounding the work place are prohibited. This includes relationships involving the withholding/promise of actual provision of benefit (monetary or non-monetary) to community members in exchange for sex—such sexual activity is considered “non-consensual” within the scope of this Code. 8. All employees, including volunteers and sub-contractors are highly encouraged to report suspected or actual acts of SEA/SH and/or VAC by a fellow worker, whether in the same company or not. Reports must be made in accordance with SEA/SH and VAC Allegation Procedures. 9. Managers are required to report suspected or actual acts of SEA/SH and/or VAC as they have a responsibility to uphold company commitments and hold their direct reports responsible. 10. Comply with all relevant local legislation, including labor laws in relation to child labor. 11. To ensure that the above principles are implemented effectively the company commits to ensuring that: 12. All managers sign the ‘Manager’s Code of Conduct’ detailing their responsibilities for implementing the company’s commitments and enforcing the responsibilities in the ‘Individual Code of Conduct’. 13. All employees sign the project’s ‘Individual Code of Conduct’ confirming their agreement not to engage in activities resulting in SEA/SH or VAC. 14. Displaying the Company and Individual Codes of Conduct prominently and in clear view at workers’ camps, offices, and in public areas of the work space. Examples of areas include waiting, rest and lobby areas of sites, canteen areas, health clinics. 15. Ensure that posted and distributed copies of the Company and Individual Codes of Conduct are translated into the appropriate language of use in the work site areas as well as for any international staff in their native language. 16. An appropriate person is nominated as the company’s ‘Focal Point’ for addressing SEA/SH and VAC issues, including representing the company on the SEA/SH and VAC Compliance Team (GCCT) which is comprised of representatives from the client, contractor(s), the supervision consultant, and local service provider(s). 17. Ensuring that an effective Action Plan is developed in consultation with the supervision consultant and which includes as a minimum: a. SEA/SH and VAC Allegation Procedure to report SEA/SH and VAC issues through the project Grievance Redress Mechanism (GRM); b. Accountability Measures to protect confidentiality of all involved; and, 11 Consent is defined as the informed choice underlying an individual’s free and voluntary intention, acceptance or agreement to do something. No consent can be found when such acceptance or agreement is obtained through the use of threats, force or other forms of coercion, abduction, fraud, deception, or misrepresentation. In accordance with the United Nations Convention on the Rights of the Child, the World Bank considers that consent cannot be given by children under the age of 18, even in the event that national legislation of the country into which the Code of Conduct is introduced has a lower age. Mistaken belief regarding the age of the child and consent from the child is not a defense. ESMP Attachment 1-9 97 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province c. Response Protocol applicable to SEA/SH and VAC survivors and perpetrators. 18. That the company effectively implements the Action Plan, providing feedback to the GCCT for improvements and updates as appropriate. 19. All employees attend an induction training course prior to commencing work on site to ensure they are familiar with the company’s commitments and the project’s SEA/SH and VAC Codes of Conduct. 20. All employees attend two mandatory training courses per year for the duration of the contract starting from the first induction training prior to commencement of work to reinforce the understanding of the project’s SEA/SH and VAC Code of Conduct. Company name: _________________________ Signature of Company’s Representative: _________________________ Printed Name: _________________________ Title: _________________________ Date: _________________________ (b) Manager’s Code of Conduct: Preventing Sexual Exploitation and Abuse (SEA), Sexual Harassment (SH) and Violence against Children 12. Managers at all levels have particular responsibilities to uphold the company’s commitment to preventing and addressing SEA/SH and VAC. This means that managers have an acute responsibility to create and maintain an environment that prevents SEA/SH and VAC. Managers need to support and promote the implementation of the Company Code of Conduct. To that end, managers must adhere this Manager’s Code of Conduct and also sign the Individual Code of Conduct. This commits them to supporting and developing systems that facilitate the implementation of the Action Plan and maintain a SEA/SH-free and VAC-free environment at the workplace and in the local community. These responsibilities include but are not limited to: Implementation 1. To ensure maximum effectiveness of the Company and Individual Codes of Conduct: a. Prominently displaying the Company and Individual Codes of Conduct in clear view at workers’ camps, offices, and in public areas of the work space. Examples of areas include waiting, rest and lobby areas of sites, canteen areas, health clinics. b. Ensuring all posted and distributed copies of the Company and Individual Codes of Conduct are translated into the appropriate language of use in the work site areas as well as for any international staff in their native language. ESMP Attachment 1-9 98 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province 2. Verbally and in writing explain the Company and Individual Codes of Conduct to all staff. 3. Ensure that: a. All staff members sign the ‘Individual Code of Conduct’, including acknowledgment that they have read and agree with the Code of Conduct. b. Staff lists and signed copies of the Individual Code of Conduct are provided to the GCCT and the client. c. Participate in training and ensure that staff also participate as outlined below. d. Staff are familiar with the Grievance Redress Mechanism (GRM) and that they can use it to anonymously report concerns of SEA/SH or VAC incidents. e. Staff are encouraged to report suspected or actual SEA/SH or VAC through the GRM by raising awareness about SEA/SH and VAC issues, emphasizing the staff’s responsibility to the Company and the country hosting their employment, and emphasizing the respect for confidentiality. 4. In compliance with applicable laws and to the best of your abilities, prevent perpetrators of sexual exploitation and abuse from being hired, re-hired or deployed. 5. Ensure that when engaging in partnership, sub-contractor or similar agreements, these agreements: a. Incorporate the SEA/SH and VAC Codes of Conduct as an attachment. b. Include the appropriate language requiring such contracting entities and individuals, and their employees and volunteers, to comply with the Individual Codes of Conduct. c. expressly state that the failure of those entities or individuals, as appropriate, to take preventive measures against SEA/SH and VAC, to investigate allegations thereof, or to take corrective actions when SEA/SH or VAC has occurred, shall constitute grounds for sanctions and penalties in accordance with the Individual Codes of Conduct. 6. Provide resources to the GCCT to create and disseminate internal sensitization initiatives through the awareness-raising strategy under the Action Plan. 7. Ensure that any SEA/SH or VAC issue warranting police action is reported to the client and the World Bank immediately. Training 8. All managers are required to attend an induction manager training course prior to commencing work on site to ensure that they are familiar with their roles and responsibilities in upholding the SEA/SH and VAC Codes of Conduct. This training will be separate from the induction training course required of all employees and will provide managers with the necessary understanding and technical support needed to begin to develop the Action Plan for addressing SEA/SH and VAC issues. ESMP Attachment 1-9 99 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province 9. Ensure that time is provided during work hours and that staff attend the mandatory project facilitated induction training on SEA/SH and VAC required of all employees prior to commencing work on site. 10. Ensure that staff attend the mandatory refresher training course required of all employees. Ensure satisfaction surveys to evaluate training are conducted by the service provider. Response 13. Managers will be provide input to the SEA/SH and VAC Allegation Procedures and Response Protocol developed by the GCCT, as needed as part of the final cleared Action Plan. 14. Once adopted by the Company, managers will uphold the Accountability Measures set forth in the Action Plan to maintain the confidentiality of all employees who report or (allegedly) perpetrate incidences of SEA/SH and VAC (unless a breach of confidentiality is required to protect persons or property from serious harm or where required by law). 15. If a manager develops concerns or suspicions regarding any form of SEA/SH or VAC by an employee, or by an employee working for another contractor on the same work site, s/he is required to report the case. 16. Once a sanction has been determined, the relevant manager(s) is/are expected to be personally responsible for ensuring that the measure is effectively enforced, within a maximum timeframe of 14 days from the date on which the decision to sanction was made. 17. Managers failing to report or comply with such provision can in turn be subject to disciplinary measures, to be determined and enacted by the company’s CEO, Managing Director or equivalent highest-ranking manager. Those measures may include: a. Informal warning. b. Formal warning. c. Loss of up to one week's salary. d. Suspension of employment (without payment of salary), for a minimum period of 1 month up to a maximum of 6 months. e. Termination of employment. 18. Ultimately, failure to effectively respond to SEA/SH and VAC cases on the work site by the company’s managers or CEO may provide grounds for legal actions by authorities. I do hereby acknowledge that I have read the foregoing Manager’s Code of Conduct, do agree to comply with the standards contained therein and understand my roles and responsibilities to prevent and respond to SEA/SH and VAC. I understand that any action inconsistent with this Manager’s Code of Conduct or failure to take action mandated by this Manager’s Code of Conduct may result in disciplinary action. Signature: _________________________ Printed Name: _________________________ ESMP Attachment 1-9 100 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Title: _________________________ Date: ______ (c) Individual Code of Conduct: Preventing Sexual Exploitation and Abuse (SEA), Sexual Harassment (SH) and Violence against Children I, ______________________________, acknowledge that preventing gender based violence (SEA/SH) and violence against children (VAC) is important. The company considers that SEA/SH or VAC activities constitute acts of gross misconduct and are therefore grounds for sanctions, penalties or potential termination of employment. All forms of SEA/SH or VAC are unacceptable be it on the work site, the work site surroundings, or at worker’s camps. Prosecution of those who commit SEA/SH or VAC may be pursued if appropriate. I agree that while working on the project I will: • Treat women, children (persons under the age of 18), and men with respect regardless of race, color, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. • Not use language or behavior towards women, children or men that is inappropriate, harassing, abusive, sexually provocative, demeaning or culturally inappropriate. • Not participate in sexual contact or activity with children—including grooming, or contact through digital media. Mistaken belief regarding the age of a child is not a defense. Consent from the child is also not a defense or excuse. • Not engage in sexual favors—for instance, making promises or favorable treatment dependent on sexual acts—or other forms of humiliating, degrading or exploitative behavior. • Unless there is the full consent12 by all parties involved, I will not have sexual interactions with members of the surrounding communities. This includes relationships involving the withholding or promise of actual provision of benefit (monetary or non-monetary) to community members in exchange for sex—such sexual activity is considered “non-consensual” within the scope of this Code. • Attend and actively partake in training courses related to HIV/AIDS, SEA/SH and VAC as requested by my employer. • Consider reporting through the grievance redress mechanism or to my manager any suspected or actual SEA/SH or VAC by a fellow worker, whether employed by my company or not, or any breaches of this Code of Conduct. 12 Consent is defined as the informed choice underlying an individual’s free and voluntary intention, acceptance or agreement to do something. No consent can be found when such acceptance or agreement is obtained through the use of threats, force or other forms of coercion, abduction, fraud, deception, or misrepresentation. In accordance with the United Nations Convention on the Rights of the Child, the World Bank considers that consent cannot be given by children under the age of 18, even in the event that national legislation of the country into which the Code of Conduct is introduced has a lower age. Mistaken belief regarding the age of the child and consent from the child is not a defense. ESMP Attachment 1-9 101 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province With regard to children under the age of 18: • Wherever possible, ensure that another adult is present when working in the proximity of children. • Not invite unaccompanied children unrelated to my family into my home, unless they are at immediate risk of injury or in physical danger. • Not sleep close to unsupervised children unless absolutely necessary, in which case I must obtain my supervisor's permission, and ensure that another adult is present if possible. • Use any computers, mobile phones, or video and digital cameras appropriately, and never to exploit or harass children or to access child pornography through any medium (see also “Use of children's images for work related purposes” below). • Refrain from physical punishment or discipline of children. • Refrain from hiring children for domestic or other labor which is inappropriate given their age or developmental stage, which interferes with their time available for education and recreational activities, or which places them at significant risk of injury. Use of children's images for work related purposes 13. When photographing or filming a child for work related purposes, I must: • Before photographing or filming a child, assess and endeavor to comply with local traditions or restrictions for reproducing personal images. • Before photographing or filming a child, obtain informed consent from the child and a parent or guardian of the child. As part of this I must explain how the photograph or film will be used. • Ensure photographs, films, videos and DVDs present children in a dignified and respectful manner and not in a vulnerable or submissive manner. • Ensure images are honest representations of the context and the facts. • Ensure file labels do not reveal identifying information about a child when sending images electronically. Sanctions 14. I understand that if I breach this Individual Code of Conduct, my employer will take disciplinary action which could include: • Informal warning. • Formal warning. • Loss of up to one week’s salary. • Suspension of employment (without payment of salary), for a minimum period of 1 month up to a maximum of 6 months. • Termination of employment. • Report to the police if warranted. I understand that it is my responsibility to avoid actions or behaviors that could be regarded as SEA/SH or VAC or breach this Individual Code of Conduct. I do hereby ESMP Attachment 1-9 102 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province acknowledge that I have read the foregoing Individual Code of Conduct, do agree to comply with the standards contained therein and understand my roles and responsibilities to prevent and respond to SEA/SH and VAC. I understand that any action inconsistent with this Individual Code of Conduct or failure to take action mandated by this Individual Code of Conduct may result in disciplinary action and may affect my ongoing employment. Signature: _________________________ Printed Name: _________________________ Title: _________________________ Date: _________________________ A6.3 Action Plan (a) The SEA/SH and VAC Compliance Team 15. The project shall establish a ‘SEA/SH and VAC Compliance Team’ (GCCT). The GCCT will include, as appropriate to the project, at least four representatives (‘Focal Points’) as follows: a. A safeguards specialist from the client; b. The occupational health and safety manager from the contractor 13, or someone else tasked with the responsibility for addressing SEA/SH and VAC with the time and seniority to devote to the position; c. The supervision consultant; and, d. A representative from a local service provider with experience in SEA/SH and VAC (the ‘Service Provider’). 16. It will be the duty of the GCCT with support from the management to inform workers about the activities and responsibilities of the GCCT. To effectively serve on the GCCT, members must undergo training by the local service provider prior to the commencement of their assignment to ensure that they are sensitized on SEA/SH and Child Protection. 17. The GCCT will be required to: a. Approve any changes to the SEA/SH and VAC Codes of Conduct contained in this document, with clearances from the Supervision Consultant for any such changes. b. Prepare the Action Plan reflecting the Codes of Conduct which includes: i. SEA/SH and VAC Allegation Procedures (See 4.3) ii. Accountability Measures (See 4.4) iii. An Awareness raising Strategy (See 4.5) iv. A Response Protocol (See 4.6) 13 Where there are multiple contractors working on the project each shall nominate a representative as appropriate. ESMP Attachment 1-9 103 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province c. Obtain approval of the Action Plan by company management; d. Obtain client clearances for the Action Plan prior to full mobilization; e. Receive and monitor resolutions and sanctions with regard to complaints received related to SEA/SH and VAC associated with the project; and, f. Ensure that SEA/SH and VAC statistics in the GRM are up to date and included in the regular project reports. 18. The GCCT shall hold quarterly update meetings to discuss ways to strengthen resources and SEA/SH and VAC support for employees and community members. 19. The Action Plan and Code of Conduct shall be submitted to DOW/PMU for review and approval with the support from CSC/ISWS and advice from EDPD/PTI within 90 days from the contract signature date. Works will not commence unless the Engineer is satisfied with measures in place, including plan and codes. Failure to comply with such obligation should provide ground for contract suspension cancellation – this shall be determined at the sole discretion of the contracting entity, whilst intention to cancel the contract shall be notified to the World Bank team within 60 days from the proposed cancellation date. (b) Making Complaints: SEA/SH and VAC Allegation Procedures 20. All staff, volunteers, consultants and sub-contractors are encouraged to report suspected or actual SEA/SH or VAC cases. Managers are required to report suspected or actual SEA/SH and/or VAC cases as they have responsibilities to uphold company commitments and they hold their direct reports accountable for complying with the Individual Code of Conduct. 21. The project will provide information to employees and the community on how to report cases of SEA/SH and VAC Code of Conduct breaches through the Grievance Redress Mechanism (GRM). The GCCT will follow up on cases of SEA/SH, VAC and Code of Conduct breaches reported through the GRM. (c) Addressing Complaints about SEA/SH or VAC 22. The figure below shows the process for addressing complaints. A6.4 Grievance Redress Mechanism (GRM) 23. The project operates a grievance redress mechanism (GRM). Reports of SEA/SH or VAC, other complaints, or other concerns may be submitted online, via telephone or mail, or in person. 24. The GRM operator will refer complaints related to SEA/SH or VAC to the GCCT to resolve them. In accordance with the Action Plan, the GCCT through the Service Provider and Focal Point(s) will investigate the complaint and ultimately provide the GRM operator with a resolution to the complaint, or the police if necessary. The GRM operator will, upon resolution, advise the complainant of the outcome, unless it was made anonymously. Complaints made to managers or the Service Provider will be referred by them to the GRM for processing. 25. If the complaint to the GRM is made by a survivor or on behalf of a survivor, the complainant will be directly referred to the service provider to receive support services while the GCCT investigates the complaint in parallel. ESMP Attachment 1-9 104 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province A6.5 Service Provider 26. The Service Provider is a local organization (possibly an NGO) which has the technical experience and ability to provide training to staff and to support survivors of SEA/SH or VAC. The contractor(s) will contract the services of a Service Provider, so that SEA/SH and VAC cases can safely be referred to them. The Service Provider will also provide support and guidance to the SEA/SH and VAC Focal Points as necessary. The Service Provider will have a representative on the GCCT and be involved in resolving complaints related to SEA/SH or VAC. The service provider will develop and conduct the mandatory training to employees on SEA/SH and VAC. A6.6 SEA/SH and VAC Focal Point 27. The GCCT will refer the complaint to the appropriate Focal Points for resolution (i.e. issues with contractor’s staff will be for the contractor to resolve; consultant’s staff the consultant; and client staff the client) and will advise the GCCT on potential resolutions, including referral to the police if necessary. They will be assisted by the Service Provider as appropriate. 28. All the Focal Points on the GCCT must be trained and empowered to resolve SEA/SH and VAC issues. It is essential that all staff of the GRM and GCCT understand the guiding principles and ethical requirement of dealing with survivors of SEA/SH and VAC. All reports should be kept confidential and referred immediately to the Service Provider represented on the GCCT 14 . In SEA/SH and VAC cases warranting police action, the Focal Points must appropriately refer the complaint to: (i) the authorities; (ii) the Service Provider; and, (iii) management for further action. The Employer and the World Bank are to be immediately notified. 14 Survivors of SEA/SH and VAC may need access to police, justice, health, psychosocial, safe shelter and livelihood services to begin on a path of healing from their experience of violence. ESMP Attachment 1-9 105 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province (a) Accountability Measures 29. All reports of SEA/SH or VAC shall be handled in a confidential manner in order to protect the rights of all involved. To ensure that survivors feel confident to disclose their experience of SEA/SH or VAC, the client, contractor and consultant must maintain the confidentiality of employees who notify any acts or threats of violence, and of any employees accused of engaging in any acts or threats of violence (unless a breach of confidentiality is required to protect persons or property from serious harm or where required by law). The contractor and consultant must prohibit discrimination or adverse action against an employee on the basis of survivor’s disclosure, experience or perceived experience of SEA/SH or VAC (see Annex 1 for examples of actions to maintain accountability). (b) Monitoring and Evaluation 30. The GCCT must monitor the follow up of cases that have been reported and maintain all reported cases in a confidential and secure location. Monitoring must collect the number of cases that have been reported and the share of them that are being managed by police, NGOs etc. 31. These statistics shall be reported to the GRM and the Supervision Engineer for inclusion in their reporting. 32. In SEA/SH and VAC cases warranting police action, the client and the World Bank are to be immediately notified. (c) Awareness-raising Strategy 33. It is important to create an Awareness-raising Strategy with activities aimed to sensitize employees on SEA/SH and VAC on the work site and its related risks, provisions of the SEA/SH and VAC Codes of Conduct, SEA/SH and VAC Allegation Procedures, Accountability Measures and Response Protocol. The strategy will be accompanied by a timeline, indicating the various sensitization activities through which the strategy will be implemented and also the related (expected) delivery dates. Awareness-raising activities may be linked with trainings provided by Service Provider. (d) Response Protocol 34. The GCCT will be responsible for developing a written response15 protocol to meet the project requirements, in accordance to national laws and protocols. The response protocol must include mechanisms to notify and respond to perpetrators in the workplace (See 4.8 for Perpetrator Policy and Response). The response protocol will include the GRM process to ensure competent and confidential response to disclosures of SEA/SH and VAC. An employee who discloses a case of SEA/SH or VAC in the workplace shall be referred to the GRM for further action. (e) Survivor Support Measures 35. Appropriately respond to the survivor’s complaint by respecting the survivor’s choices to minimize the potential for re-traumatization and further violence against the survivor. Refer the survivor to the Service Provider to obtain appropriate support services in the community—including medical and psychosocial support, emergency accommodation, 15 Develop appropriate protocol for written recording of SEA/SH issues and VAC raised in case the notes are subpoenaed. Develop processes for record keeping including activities undertaken by the GCCT. ESMP Attachment 1-9 106 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province security including police protection and livelihood support—by facilitating contact and coordination with these services. The contractor may, where feasible, provide financial and other supports to survivors of SEA/SH or VAC for these services (see Annex 1 for examples of financial support). 36. If the survivor is an employee, in order to ensure the safety of the survivor and the workplace in general, the contractor, in consultation with the survivor, will assess the risk of ongoing abuse, to the survivor and to the workplace, and make reasonable adjustments to the work schedule and work environment as deemed necessary (see Annex 1 for examples of safety measures). The contractor will provide adequate leave to survivors seeking services after experiencing violence (see Annex 1 for details). (f) Perpetrator Policy and Response 37. Encourage and accept notification through the GRM from employees and community members about perpetrators in the workplace. Through the GCCT and/or the Service Provider, oversee the investigation of these grievances, ensuring procedural fairness for the accused, and within the local laws. If an employee has breached the Code of Conduct, the contractor will take action which could include: a. Undertake disciplinary action up in accordance with sanctions in the SEA/SH and VAC Codes of Conduct; b. Report the perpetrator to the Police as per local legal paradigms; and/or c. If feasible, provide or facilitate counselling for the perpetrator. (g) Administrative Sanctions 38. In accordance with the Code of Conduct, any employee identified as a potential SEA/SH or VAC perpetrator shall be considered for disciplinary measures in line with sanctions and practices as agreed in the Individual Code of Conduct (see Annex 1 for examples of sanctions). It is important to note that, for each case, disciplinary sanctions are intended to be part of a process that is entirely internal to the employer, is placed under the full control and responsibility of its managers, and is conducted in accordance with the applicable national labor legislation. 39. Such process is expected to be fully independent from any official investigation that competent authorities (e.g. Police) may decide to conduct in relationship to the same case, and in accordance with the applicable national law. Similarly, internal disciplinary measures that the employer’s managers may decide to enact are meant to be separate fr om any charges or sanctions that the official investigation may result into (e.g. monetary fines, detention etc.). A6.7 Attachment 1 - Potential Procedures for Addressing SEA/SH and VAC Accountability Measures to maintain confidentiality can be achieved through the following actions: 1. Inform all employees that confidentiality of SEA/SH/VAC survivors’ personal information is of utmost importance. 2. Provide the GCCT with training on empathetic and non-judgmental listening. 3. Take disciplinary action, including and up to dismissal, against those who breach survivor’s confidentiality (this is unless a breach of confidentiality is necessary to protect the survivor or another person from serious harm, or where required by law). SEA/SH and VAC Allegation Procedures should specify: ESMP Attachment 1-9 107 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province 1. Who survivors can seek information and assistance from. 2. The process for community members and employees to lodge a complaint through the GRM should there be alleged SEA/SH or VAC. 3. The mechanism for how community members and employees can escalate a request for support or notification of violence if the process for reporting is ineffective due to unavailability or non-responsiveness, or if the employee’s concern in not resolved. Financial and Other Supports to survivors can include: 1. No/low interest loans. 2. Salary advances. 3. Direct payment of medical costs. 4. Upfront payments for medical costs to be recouped from the employee’s health insurance. 5. Providing or facilitating access to childcare. 6. Providing security upgrades to the employee’s home. 7. Providing safe transportation to access support services or to and from accommodation. Survivor Support measures to ensure the safety of the survivor can include: 1. Changing the employee’s span of hours or pattern of hours and/or shift patterns. 2. Redesigning or changing the employee’s duties. 3. Changing the employee’s telephone number or email address to avoid harassing contact. 4. Relocating the employee to another work site/ alternative premises. 5. Providing safe transportation to and from work for a specified period. 6. Supporting the employee to apply for an Interim Protection Order or referring them to appropriate support. 7. Taking any other appropriate measures including those available under existing provisions for family friendly and flexible work arrangements. Leave options for survivors that are employees can include: 1. An employee experiencing SEA/SH should be able to request paid special leave to attend medical or psychosocial appointments, legal proceedings, relocation to safe accommodation and other activities related to SEA/SH. 2. An employee who supports a person experiencing SEA/SH or VAC may take carer’s leave, including but not limited to accompanying them to court or hospital, or to take care of children. 3. Employees who are employed in a casual capacity may request unpaid special leave or unpaid carer’s leave to undertake the activities described above. 4. The amount of leave provided will be determine by the individual’s situation through consultations with the employee, the management and the GCCT where appropriate. Potential Sanctions to employees who are perpetrators of SEA/SH and VAC include: ESMP Attachment 1-9 108 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province • Informal warning • Formal warning • Additional Training • Loss of up to one week’s salary. • Suspension of employment (without payment of salary), for a minimum period of 1 month up to a maximum of 6 months. • Termination of employment. • Referral to the Police or other authorities as warranted. ESMP Attachment 1-9 109 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province ATTACHMENT 7: SAMPLE FORM ON GRM MONITORING AND ACCIDENT REPORT (A) Sample Form of Grievance Redress Mechanism Monitoring to be used by Village Grievance Committee Village:……………………………………………………; District:…………………………………………………; Provinces:…………………………………………………. No Village Brief Description/nature of Grievance Ethnic Date of Grievance Status of action taken Action Remarks/ grievance applied by Group grievance received taken Explanation and contact received by by detail or Solved or Date of code (not what action mandatory) action completed taken or taken ESMP Attachment 1-9 110 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province (b) ACCIDENT Reporting Procedure and Form Serious Case: Accident Minor Case Occurred: Do not move the injured person (IP) Accident Reporter/ Worker who are not injured: 1. Immediately calls Provincial Rescue/ Nearest Hospital: • Rescue Number: xxx • Nearest Hospital: xxx Accident Reporter/ Worker who are not injured: 2. Take photos or record video of the accident for reporting 3. Calls contractor site engineer (CSE): active number 4. Send the IP to nearest hospital by Rescue/hospital car Contractor site engineer (CSE): 5. Immediately heads to the accident site or hospital where the IP transferred to 6. Inspect and take photos for reporting 7. Calls OPWT site supervision (DSS)-name and active number OPWT DOPWT site supervision (DSS): 8. Immediately heads to the accident site or hospital where the IP transferred to 9. Inspect, take photos and fill the accident report form 10. Report to ESU and PTI and send photos of accident in the WhatsApp group on the day of accident occurred. EDPD/PTI: 11. Inform and report to WB within 24 hours 12. Follow up the situation of IP Filing Accident Report 13. Keep a copy of Accident Report at contractor office, DPWT, PTI, WB 14. Include the accident report in the monthly and quarterly safeguard monitoring report ESMP Attachment 1-9 111 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province ACCIDENT REPORT Date of the Accident: Time: Location: Type of Accident: Detailed Description of the Accident: Responses / Corrective Actions Taken: Possible Causes(s) of the Accident: Suggested Preventive Measures: Submitted by: Position: Signature: Date: Reviewed by : ____________________ Date : __________ Note: For severe environmental and social incident/accident the PM U is required to undertake or cause the Contractor to undertake a Root Cause Analysis (RCA) to understand and document the root cause(s) of the incident and share the World Bank. Appropriate Safeguards Corrective Action Plan (SCAP) will need to be developed and implemented. ESMP Attachment 1-9 112 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province ATTACHMENT 8: CONTINGENCY PLANNING IN RESPONSE TO COVID-19 1. In a situation when there is a spread of COVID-19, contractor has to apply or comply with the government guidelines launched in line with WHO. Additional suggestions which are adapted from WBG Response to COVID-19 Advisory note on Contingency Planning for Existing Operations dated March 16, 2020 are provided in this Annex. It is worth noting that the WBG Response to COVID-19 Advisory note may be updated from time to time. Where there is a conflict with government or WHO guideline, the government or WHO guideline prevail. (a) Preparing for COVID-19 • Contractor’s senior manager or project manager should inform PMU/DOW and DPWT and/or EDPD/PTI details of the preparations being made on site. PMU/DOW, DPWT and/or EDPD/PTI will, as necessary assist the projects with these preparations. The senior manager should be taking the advice of their healthcare team and their health and safety specialists in preparing the site, although the PMU/DOW, DPWT, and/or EDPD/PTI may also need to assist, for example with coordinating responses and/or connecting project sites with national/local healthcare official and/or specialists. • Contractor should put in place measures to minimize the chances and contain the spread of the virus as a result of the movement of workers, ensure their sites are prepared for an outbreak, and develop and practice contingency plans so that personnel know what to do if an outbreak occurs and how treatment will be provided. These preparation measures should be communicated not only to the workforce but also the local community, to reassure them that the movement of staff is controlled, and to ensure that stigma or discrimination is reduced in the event of an outbreak. (b) Movement of Staff • Movement of staff can increase the risk of transmission of Covid-19 to a work site and the local community. Overseas, international and transient workers should adhere to government requirements and guidelines with respect to Covid-19 when travelling to or from worksites. • Workers coming from or passing through countries/regions with cases of the virus16 (a) Should not return if displaying symptoms and (b) Should self-isolate for 14 days following their return. Self-Isolation arrangements: For self-isolation, the following actions should be considered (as appropriate): • Workers should be provided with a single room that is well-ventilated (i.e., with open windows and an open door). If a single room is not available for each worker, adequate space should be provided to maintain a distance of at least 2meters and a curtain to separate workers sharing a room. Men and women should not share a room. A dedicated bathroom should be provided for the isolation facilities and there should be separate bathroom facilities for men and women. 16 WHO also updates information on countries reporting Covid-19 infection. ESMP Attachment 1-9 113 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province • Workers in isolation should limit their movements in areas which are also used by unaffected workers shared areas), and should avoid using these areas when unaffected workers are present. Where workers in isolation need to use shared spaces (such as kitchens/canteens), arrangements should be made for cleaning prior to and after their use of the facilities. The number of staff involved in caring for those in isolation, including providing food and water, should be kept to a minimum and appropriate Personal Protection Equipment (PPE) should be used by those staff. • At a minimum, isolation areas should be cleaned daily and healthcare professionals should visit workers in the isolation areas daily. Cleaners and healthcare professionals should wear appropriate PPE and ensure good hygiene when visiting workers in isolation. Further information is provided by WHO in Home care for patients with suspected novel corona virus (COVID-19) • Visitors should not be allowed until the worker has shown no signs and symptoms for 14 days. (c) Preparing for an Outbreak 2. Medical staff at the facilities or medical service personal for the facilities should be trained and be kept up to date on Country and WHO advice (https://www.who.int/emergencies/diseases/novel-coronavirus-2019/technical-guidance) and recommendations on Covid-19. They should take stock of the equipment and medicines that are present on site and ensure that there are good supplies of any necessary treatments, including paracetamol/acetaminophen and other medicine in line with country and WHO guideline. 3. The following measures should be considered (as appropriate): • Ensure medical facilities or camp site are stocked with adequate supplies of medical Personal Protective Equipment (PPE), as a minimum: (a) Gowns, aprons; (b) Medical masks and some respirators (N95 or FFP2); (c) Gloves; and (d) Eye protection (goggles or face screens). • Cleaners also need to be provided with PPE and disinfectant. Minimum PPE to be used when cleaning areas that have been or suspected to have been contaminated with Covid-19 are: (a) Gowns, aprons; (b) Medical masks; (c) Gloves; (d) Eye protection (goggles or face screens); and (e) Boots or closed work shoes. Cleaners should be trained in how to safely put on and use PPE by medical staff, in necessary hygiene (including hand washing) prior to, during and post cleaning duties, and in waste control (including for used PPE and cleaning materials). • The medical staff should run awareness campaigns, training and arrange for appropriate posters, signs and advisory notices to be posted on site to advise workers on how to minimize the spread of the disease, including: (a) to self-isolate if they feel ill or think they may have had contact with the virus, and to alert medical staff; (b) to regularly wash hands thoroughly with soap and water – many times per day; (c) how to avoid disease spread when coughing/sneezing (cough sneeze in crook of elbow or in a tissue that is immediately thrown away), and not to spit; and (d) to keep at least 2meters or more away from colleagues. • Hand washing stations should be set up at key places throughout site, including at entrances/exits to work areas, wherever there is a toilet, canteen/food and drinking water, or sleeping accommodation, at waste stations, at stores and at communal facilities. Each should have a supply of clean water, liquid soap and paper towels (for ESMP Attachment 1-9 114 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province hand drying), with a closed waste bin (for used paper towels) that is regularly emptied and disposed off following government guideline. • Where wash stations cannot be provided (for example at remote locations), alcohol- based hand rub should be provided. Enhanced cleaning arrangements should be put in place, to include regular and deep cleaning using disinfectant of catering facilities/canteens /food/drink facilities, latrines/toilets/showers, communal areas, including door handles, floors and all surfaces that are touched regularly. Worker accommodation will be in good state for keeping clean and hygienic, and for cleaning to minimize spread of infection. • Working methods should be reviewed and changed as necessary to reduce use of PPE, in case supplies of PPE become scarce or hard to obtain. For example, water sprinkling systems at crushers and stock piles should be in good working order, trucks covered, water suppression on site increased and speed limits on haul roads lowered to reduce the need for respiratory (N95) dust masks. (d) Contingency Planning for an Outbreak 4. The contingency plan to be developed by contractor should set out what procedures will be put in place in the event of Covid-19 reaching the site and it should be developed in consultation with national and local healthcare facilities and PMU/DOW, DPWT and/or EDPD/PTI, to ensure that arrangements are in place for the effective containment, care and treatment of workers who have contracted Covid-19. 5. The contingency plan should also consider the response if a significant number of the workforce become ill, when it is likely that access to and from a site will be restricted to avoid spread. The following measures should be considered, as appropriate: • Contingencies should be developed and communicated to the workforce for: (a) Isolation and testing procedures for workers (and those they have been in contact with) that display symptoms; (b) Care and treatment of workers, including where and how this will be provided; and (c) Getting adequate supplies of water, food, medical supplies and cleaning equipment in the event of an outbreak on site, especially should access to the site become restricted or movements of supplies limited. The contingency plan shall be align with the government guideline. • Specifically, the plan should set out what will be done if someone is suspected to become ill with Covid-19 at a worksite. The plan should: (a) Set out arrangements for putting the person in a room or area where they are isolated from others in the workplace, limiting the number of people who have contact with the person and contacting the local health authorities; (b) Consider how to identify persons who may be at risk (e.g. due to a pre-existing condition such as diabetes, heart and lung disease, or as a result of older age), and support them, without inviting stigma and discrimination into your workplace; and (c) Consider contingency and business continuity arrangements if there is an outbreak in neighboring communities. • Arrangements for the storage and disposal arrangements for medical waste, which may increase in volume and which can remain infectious for several days (depending upon the material). The support that site medical staff may need, as well as arrangements for transporting (without risk of cross infection) sick workers to intensive care facilities or into the care of national healthcare facilities should be discussed and agreed. • How to maintain worker and community safety on site should works be suspended or illness affect significant numbers of the workforce at any point. It is important that ESMP Attachment 1-9 115 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province worksite safety measures are reviewed by a safety specialist and implemented prior to work areas being suspended. (e) Communicating the plans 6. In order to reduce the risk of social stigma 17 or discrimination, and to ensure that individuals roles and responsibilities are clear, the preparation measures and contingency plans should be communicated widely. Workers, sub-contractors, suppliers, adjacent communities, and local healthcare authorities should all be made aware of the preparations that have been made. 7. When communicating to the workforce, their roles and responsibilities should be outlined clearly, and the importance for their colleagues, the local communities and their families that the workers follow the plans should be stressed. Workers may need to be reassured that they there will be no retaliation or discrimination if they self-isolate as a result of feeling ill, and also with respect to the compensation or insurance arrangements that are in place. Further guidance on preventing social stigma as a result of Covid-19 is available in WHO guidelines. 17 Social stigma in the context of health is the negative association between a person or group of people who share certain characteristics and a specific disease. ESMP Attachment 1-9 116 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province ATTACHMENT 9: NOTES FROM CONSULTATION MEETINGS AND LIST OF PARTICIPANTS 1. During the Project preparation in 2019-2020, a project resettlement committee (PRC) has been established and two consultation meetings were conducted on 19 November 2019 and 20 January 2020 to determine the criteria and unit cost for compensation to be applied for the Project. During 11-22 May 2020, consultation meetings with local communities in the Project area were conducted (see Figure A10-1 for locations of local communities) to present the key project impacts and proposed mitigation measures identified in the draft ESMP and ARAP. The Project description and its potential (positive and negative) impacts and the proposed mitigation measures were presented and discussed. Results from the in- depth focus group discussion with the affected communities and list of participants in the meetings are presented in this Attachment. 2. The results of consultation have been incorporated and addressed in the final ESMP, ARAP and they will be followed up and monitored during the project implementation and operation. Tables 910-1 to 910-3 provide more information during consultation. ESMP Attachment 1-9 117 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Table A9-1 Results of Consultation with Affected Villages D/M/Y Village Positive Impacts Negative Impacts Recommendations • Affect lands and properties • The design shall be designed to minimize the impacts on people 8-9 July Houysiat, • All participants agreed with such as houses, small lands and properties. 2021 Anousonxay the project development shops, fish cage farm, and • The loss and compensation amount data shall be checked and and plan. River garden with seasonal confirmed with PAPs. Pakxantai • The project should start as crops but not main income. • Compensation should be paid for all affected lands and assets soon as possible as it will • Community health and with fair prices and consultation with PAPs. The compensation help prevent the erosion as safety from transportation shall be completed before starting any construction activities. it increases about 50cm-1m of construction materials, • Notify village authorities and villagers 2 months in advance of each year. noise and dust emissions, construction takes place. • The project will prevent solid waste and waste • Implement measures to prevent community health and safety erosion of river bank and water from worker camps, such as control of driving speed limit, water spraying, and noise protect the land people and risks of Covid-19 control, cover the truck when transporting construction materials lands, properties and lives infection. to prevent falling on the road and so on. especially for those who • Social issues from labour • Implement good solid waste and wastewater management for live along the river bank. influx such as thieves, worker camp and storage areas. • Villagers will have drunk, violence including • Implement measures to avoid social issues and risks on covid-19 beautiful riverbank and gender and child violence infection. having a nice recreation and abuses. • Request to recruit local people for construction works both men place to sit. • Poor waste management and women. • It will be easy to go fishing from people selling foods • Request the project to improve the access road to the temple in as the project will install if no proper management Houysiat village. stairs. of the improved river bank. • Request the project to install fences along river bank to prevent • The project will improve the children falling in the river. community economy such • After the contrition completed, can villagers use the improved as more shops and increase river bank for selling foods and fish cage farming? incomes. • Request for campaigns on community engagement in keeping the improved river bank clean, green and beautiful especially community solid waste management. • Request to conduct spiritual ceremony to ask for permission from the river and soil spirits before construction. ESMP Attachment 1-9 118 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province D/M/Y Village Positive Impacts Negative Impacts Recommendations • Request to not working on Buddha Day “Van Sin”. • Regular consultations with local communities and temples on the construction activities and schedules during the construction phase. • Affect lands and properties such as houses, small shops, fish cage farm, and River garden with seasonal crops but not main income. • Community health and safety from transportation of construction materials, noise and dust emissions, solid waste and waste water from worker camps, and risks of Covid-19 infection. • Social issues from labour influx such as thieves, drunk, violence including gender and child violence and abuses. Table A9-2 Results of Focused Group Discussion Questions Villages Women Group’s Comments Men Group’s Comments 1. Positive Impact from the Houysiat Project property of people; prevent erosion as it Protect erosion, safe for property and life of project increases about 50cm-1m each year, safe life of people. people and peacefully, easy to access fishing. - Q1. Ask villagers if they see any benefits from the project Anousonxay Those live along the alley would benefit from Agreed with the proposed project. It will have related to the project such as protect their house and lives beautiful riverbank and having a nice o their current and future recreation place to sit. livelihood; Pakxantai Will be clean and tidy and beautiful river bank Protect erosion, property and people lives. o their village/community 2. Negative Impact from the Houysiat People will not be able to do gardening. Affect Affects people's production (gardening), houses, trees, two boats, dust, mud and noise affects fish farming, dust, child safety, ESMP Attachment 1-9 119 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Questions Villages Women Group’s Comments Men Group’s Comments project pollution, community health and safety. livestock, noise, workers' life, theft, sewage, sewage, social noise, public safety. 2.1 Physical Impact Q1. What would the impact of the Anousonxay Land on the riverbank, building structure may be none project on their lands and house? affected by project (Partially or entirely) Pakxantai Impact on agricultural production, affecting fish Affects people's production (gardening), farming, dust, child safety, livestock, disturbing people's fish farming. Construction will cause quitters, workers stealing, dung, dirty water. dust, endanger children and livestock, pollution, dung, sewage, risk of occupational disease from workers - Q2. What are their Houysiat Use labor of the village to avoide the social Watering road. Not allow to use high speed recommendations to deal with the impact + social disaster, camp far away from the the community areas. Compensate the impact sustainably? village, camp must be tiedy, ensure safety, water relocation costs of fish farm, such as labor, free from dust. return to the same place, employ villagers, • What should be done? How ensure having vaccination to prevent COVID- should be done? 19 outbreak before coming to work. . • When should be done? Who should be the responsible Anousonxay Build bypassing road. Infrom affected people It is recommended to use services from the person/authority inadvance and get agreement for poposed high standard company and study the impact solutions. thoroughly in order to really use it, the company should do it during the dry season. Pakxantai Advance notice of relocation assistance Watering the road to prevent dust. Ensure road safety, not allowed to use high speed. Ensure compensation and assistance will be provided to affected people (such as labor costs), providing jobs for nearby people to work as laborers, keeping the environment clean and reducing impacts. - Q3. Any impacts on the Houysiat Take a break from work for Van Sin. Infrom the About 150m to the cemetery and the temple is ESMP Attachment 1-9 120 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Questions Villages Women Group’s Comments Men Group’s Comments public/cultural/ traditional sperit before construction, by coordinating with not allowed to work at 15 pm. facilities? Any recommendations the village and the temple to conduct religious to deal with the impact ceremonies. Create a list of technicians + sustainably? workers who have to be vacinated. Anousonxay There are no public places, mostly individual Do all you can to prevent the effects as there lands, to exercise the rights of men and women are risks. so that there will be no incidents of harassment, concern for women, and safety from workers. Pakxantai To the cemetery and the temple 150 meters. The construction area is 150 meters away from cemeteries and temples. It is forbidden to work on Van Sin. Inform the spirit before and after the construction by coordinating with villager authorities and built a small memorial and pray every Sin. 2.2 Socio-economic Houysiat Seasonal vegetable garden, but not the main Affect the fish cages, such as fish death when income of the family, flower garden. relocating them. Cannot do vegetable gardens - Q1. How would the impact on their businesses/income for sale. Restaurant will loss income. Request sources: to comeback to run business at the someplace o Close the shop permanently after the compensation, and notice 2 months or partially during the in advance. construction? Anousonxay May affect 3 restaurants, guesthouses, hotels. Have to find a way to do more business or o Stop the rent? Access road to fitness center will be difficult for farm. Negotiate compensation package based o Terminate the business such their customers. on the majority voice and the development of as the state. guesthouses/hotels/restaurant s? Pakxantai Riverside gardening may be suspended. Affected fish farms such as relocation will Restaurants along the river will lose income. cause small fish death. Affect the planting of Affecting natural fish, which is one of the main vegetables. Restaurant will lose income during the construction. Request to provide ESMP Attachment 1-9 121 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Questions Villages Women Group’s Comments Men Group’s Comments livelihoods of the affected people. compensation and notify 2 months in advance. - Q2. Any worries about the Houysiat Safety when transporting equipment. Put None safety during and after the warning signs. Speed control for safety of construction: children and the elderly, women. Child safety as o During: unfinished they may jump off the bridge around the construction could lead to construction area. accidence? Unfinished Anousonxay Although the road has two-lane, but it is narrow There is concern about workers, car construction could lead to and difficult to travel. Children running. accidents. The construction area is not near the inconvenient access? Accident from truck transported. the community; thus, village authority should After: finish the construction of the project, how would be able to handle. the project infrastructures Pakxantai Truck accident on children, traffic jams. Heavy trucks can cause accidents lead to more flood or any other issues, especially related to women, older people, and children? - - Q3. What are their Houysiat Contribute stones and limestone to improve the None recommendations to deal with small road to enter the village if there are some the impact sustainably? remaining. Coordinate and participate in o What should be done? How activities organized by the village, coordinate should be done? and consult with the village on a regular basis. When should be done? Who Anousonxay Take turns, have a slow driving rule in the Watering, storage of waste, landfills, manure. should be the responsible community, anyone affected send person/authority any complaints to the head of the village in order to find the solutions. Pakxantai Issue traffic regulation to control speeding. Find Don’t drive fast the alternative road or do a zoning construction ESMP Attachment 1-9 122 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Questions Villages Women Group’s Comments Men Group’s Comments area. Houysiat None, if the project provides compensations. None 2.3 Health - mental issue Anousonxay None Have to see what to compensate (replacement - Q1. Would the change (re- land) location, moving houses, losing land/property, etc.) Pakxantai None None affect the people? If so, who would be likely to be affected the most? - Key Q2. What could be the solutions/suggestions to this issue? Houysiat Dust, mud, noise disturbing, social issues. None 2.4 Environmental impact Anousonxay Dust and noise from trucks, rocks falling from Must be based on the actual situation for the Q1. What would be the key trucks make the road dirty. project to happen and want the company to concerns about the environment: take responsibility. such as air pollution (dust, chemical smell, …), water Pakxantai Noise pollution from trucks, wastes from Dust from the construction. Clearing in the pollution (waste from the construction and camps, waste water from construction site and camp, especially construction,..), noise pollution, camps. prohibit to through wastes. Construction will flooding experience/issue during cause noise pollution. Construction may the rainy season, etc. reduce population of natural fish. - Q2. What are their Houysiat Don’t cut the big tree along the road. They None recommendations to deal with provide shade and help to prevent erosion. the impact sustainably? Propose to extend the project area. However, o What should be done? How there are no big trees located in the project area. should be done? Anousonxay Watering the road. Coordinate with the head of Watering road, manage waste and its landfills. When should be done? Who villages to set up rules to manage traffic. ESMP Attachment 1-9 123 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Questions Villages Women Group’s Comments Men Group’s Comments should be the responsible Pakxantai Drive slower, manage waste and sewage. In order to reduce dust, watering the road person/authority should be done regularly. Should manage wastes and clean the camps. Control the speed of vehicles. 3. Opinion about the drainage Houysiat Keep it clean and beautiful. Take care of None capacity and maintenance? children so they do not play or jump out in the construction area. Inform villagers to manage - Q1. How they could contribute to the maintenance their garbage. of the drainage and park? Anousonxay No impact. Waste water management should None coordinate with VUDA. Should use economic tools such as fine policy to those not following the rule. Should conduct regular cleaning Pakxantai Keep it clean together. Help the local authorities None to manage the garden and cleaning. ESMP Attachment 1-9 124 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Minutes of Meeting and List of Meeting participants Minuted of Meeting and List of Participant for the meeting on 18-19 February 2021 ESMP Attachment 1-9 125 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province ESMP Attachment 1-9 126 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province ESMP Attachment 1-9 127 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province ESMP Attachment 1-9 128 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province ESMP Attachment 1-9 129 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province ESMP Attachment 1-9 130 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Minuted of Meeting and List of Participant for the meeting on 5 Nov 2021 ESMP Attachment 1-9 131 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province ESMP Attachment 1-9 132 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province ESMP Attachment 1-9 133 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province ESMP Attachment 1-9 134 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province ESMP Attachment 1-9 135 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Some Photos of Consultations 1. First consultation with communities In B. Houaysiat on 18.2.2021 In B. Pakxan-Tai on 19.2.2021 Second consultation and inventory of loss (IOL) IOL in B. Houaysiat on 6.7.2021 IOL in B. Pakxan-Tai on 8.7.2021 IOL in B. Anousonxay on 9.7.2021 Third consultation in B. Huaysiat on 7.7.2021 ESMP Attachment 1-9 136 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province Third consultation in B. Pakxan-Tai on 8.7.2021 ປຶກສາຫາລືກບ ັ ຜຖ ູ້ ກ ື ຜົນກະທົບເຂດໂຄງການ ແບ່ ງກ່ ມສົນທະນາ Third consultation in B. B. Anousonxay on 9.7.2021 ESMP Attachment 1-9 137 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Pakxan City, Bolikhamxay (BKX) Province ັ ຜຖ ປຶກສາຫາລືກບ ື ຜົນກະທົບເຂດໂຄງການ ູ້ ກ ສໍາພາດກ່ ມເພດຊາຍ ສໍາພາດກ່ ມເພດຍິງ th 1. 4 consultation on unit price in B. Houaysiat on 3.11.2021 in B. Anousonxay on 3.11.2021 in B. Pakxan-tai on 4.11.2021 ESMP Attachment 1-9 138