P176965 FSM SEEP - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) Federated States of Micronesia National Department of Education Skills and Employability Enhancement Project (P176965) Final Draft for Negotiations ENVIRONMENTAL and SOCIAL COMMITMENT PLAN (ESCP) February 2022 1|Page P176965 FSM SEEP - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 1. The Federated States of Micronesia (hereinafter FSM or the Recipient) will implement the FSM Skills and Employability Enhancement Project (the Project). The National Department of Education will lead and coordinate the Project and The International Development Association (hereinafter the Association) has agreed to provide financing for the Project. 2. The Recipient will implement material measures and actions so that the Project is implemented in accordance with the Environmental and Social Standards (ESSs). This Environmental and Social Commitment Plan (ESCP) sets out material measures and actions, any specific documents or plans, as well as the timing for each of these. 3. The Recipient will also comply with the provisions of any other environmental and social documents required under the Environmental and Social Framework and referred to in this ESCP, such as the Environmental and Social Management Plan, Labor Management Procedures, Stakeholder Engagement Plan and any Resettlement Action Plans and the timelines specified in those documents. 4. The Recipient is responsible for compliance with all requirements of the ESCP even when implementation of specific measures and actions is conducted by the Department, agency or unit referenced in 1. above. 5. Implementation of the material measures and actions set out in this ESCP will be monitored and reported to the Association by the Recipient as required by the ESCP and the conditions of the legal agreement, and the Association will monitor and assess progress and completion of the material measures and actions throughout implementation of the Project. 6. As agreed by the Association and Recipient, this ESCP may be revised from time to time during Project implementation, to reflect adaptive management of Project changes and unforeseen circumstances or in response to assessment of Project performance conducted under the ESCP itself. In such circumstances, the Recipient or delegate(s) will agree to the changes with the Association and will update the ESCP to reflect such changes. Agreement on changes to the ESCP will be documented through the exchange of letters signed between the Association and the Recipient or delegate(s). The Recipient or delegate(s) will promptly disclose the updated ESCP. 7. Where Project changes, unforeseen circumstances, or Project performance result in changes to the risks and impacts during Project implementation, the Recipient shall provide additional funds, if needed, to implement actions and measures to address such risks and impact. 2|Page P176965 FSM SEEP - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY MONITORING AND REPORTING A REGULAR REPORTING Prepare and submit to the Association regular monitoring reports on Six-monthly throughout Project Central Implementation Unit to prepare the environmental, social, health and safety (ESHS) performance of the implementation. reports to be submitted to the Association Project, including but not limited to the implementation of the ESCP, by the Project Implementation Unit status of preparation and implementation of E&S documents, instruments tools and other measures required under the ESCP, stakeholder engagement activities and functioning of the grievance mechanisms. B INCIDENTS AND ACCIDENTS Promptly notify the Association of any incident or accident related to Notify the Association within 48 hours after Project Implementation Unit the Project which has, or is likely to have, a significant adverse effect on learning of a serious incident or accident. the environment, the affected communities, the public or workers. Provide sufficient detail regarding the incident or accident, indicating A report would be provided to the immediate measures taken or that are planned to be taken to address Association on request. it, and any information provided by any contractor and supervising entity, as appropriate. Subsequently, as per the Association’s request, Minor incidents, not immediately reported, prepare a report on the incident or accident and propose any measures will be reported in the six-monthly reports to prevent its recurrence. to the Association. C CONTRACTORS MONTHLY REPORTS Within one week of a request. Project Implementation Unit Monthly reports on the Contractor’s implementation of environmental, social, health and safety measures will be submitted to the Association. ESS 1: ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS 3|Page P176965 FSM SEEP - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY 1.1 ORGANIZATIONAL STRUCTURE The number of CIU environmental and Central Implementation Unit Assessment, management and monitoring of environmental and social social specialists will be established within risks are delegated to the environmental and social staff of the Central 30 days after Project effectiveness and Implementation Unit, Department of Finance and Administration. The maintained throughout Project Central Implementation Unit staff will coordinate with the Project implementation. Manager and other key staff in the Project Implementation Unit (PIU) within the National Department of Education, to provide timely and effective support to the Project. The Central Implementation Unit will The PIU will engage a GBV and Safety include at least two full time environmental and / or social specialists. Officer within 12 months of the Effective Specialist support will be recruited by the Project on an ad hoc basis. Date. Project Implementation Unit The day-to-day implementation of the Project will be coordinated and managed by the Project Implementation Unit (PIU). The PIU are responsible for implementing project activities, monitoring implementation progress, and providing capacity building activities for all government agencies involved in the implementation of the Project. The PIU will be closely supported by the CIU in carrying out environmental safeguards and social safeguards functions as stated in the prior paragraph. The PIU will retain a dedicated GBV and Safety Officer responsible for undertaking assessment, management and monitoring of the Project activities relating to Gender Based Violence (GBV) and Sexual Exploitation, Abuse and Sexual Harassment (SEA-SH) as per section 4.4 of this ESCP. 1.2 ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN Finalize, disclose, consult and adopt the Central Implementation Unit Update, disclose, consult, adopt, and implement, the Environmental and FSA ESMP prior to the final design and Social Management Plan (ESMP) that has been prepared as a preparation of the procurement preliminary instrument for appraisal for the Federal States of documents for Component 2.1, and Micronesia Skills Academy (FSA) revitalization (Component 2.1), in a thereafter implement Component 2.1 in manner acceptable to the Association. accordance with the ESMP. 4|Page P176965 FSM SEEP - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY 1.3 MANAGEMENT TOOLS AND INSTRUMENTS Screening to occur prior to the finalization Central Implementation Unit is The CIU to screen any proposed subproject or activity (including of the Scope of Work and / or Terms of responsible for screening and preparing curricula improvements, training and purchase of equipment and Reference and/or Purchase of Goods. instruments, tools and measures and materials, but excluding activities in Component 2.1 relating to the monitoring the implementation. The PIU FSMSA revitalization) for environmental and social risks, including risks Instruments and / or tools and measures to is responsible for implementation of the associated with SEA-SH and GBV, in accordance with the Project be prepared by the CIU and cleared by the instruments, tools and measures. instruments and the Environmental and Social Standards. Where risks Association in advance of the Recipient’s are identified the CIU will prepare instruments, tools and other approval of relevant Terms of Reference, measures proportionate to the identified risk. The PIU will implement the instruments, tools and measures in a manner acceptable to the Scope of Work or Purchase of goods. Association. Measures may include (but not be limited to): actions arising from the SEA-SH GBV Action Plan, stakeholder engagement Instruments, tools and measures to be approaches, incorporating E&S considerations into Terms of Reference implemented during the sub-component or for technical advisory services, waste management plans, codes of activity implementation. practice to manage environmental risks such as emissions, or standard operational procedures for occupational health and safety risks. 1.4 MANAGEMENT OF CONTRACTORS ESHS clauses to be included in the Project Implementation Unit with Incorporate the relevant aspects of the ESCP, including the relevant E&S preparation of procurement documents. technical support from the Central documents and/or plans, SEA-SH and GBV measures, and the Labor Implementation Unit Management Procedures, into the ESHS specifications of the Supervise contractors throughout Project procurement documents for contractors. Thereafter ensure that the implementation. contractors comply with the ESHS specifications of their respective contracts. The FSA C-ESMP shall be prepared by the Contractor and cleared by the Association The Contractor for the FSA revitalization (Component 2.1) is required to prepare a C-ESMP to manage the FSA ESMP and ESHS specifications and prior to works commencing and any other relevant action from the ESCP for the construction period. implemented throughout the period of construction. 1.5 CONTINGENT EMERGENCY RESPONSE COMPONENT (CERC) Prepare the draft ESMF and submit to the Central Implementation Unit is Prepare, consult, disclose, adopt and implement an Environmental and Association for review and clearance within responsible for preparing and updating Social Management Framework (ESMF) to manage the risks from three months of the Project Effective Date. the ESMF. triggering the CERC, Component 5. Project Implementation Unit is responsible for implementing the ESMF with support from Central Implementation Unit. 5|Page P176965 FSM SEEP - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY ESS 2: LABOR AND WORKING CONDITIONS 2.1 LABOR MANAGEMENT PROCEDURES Draft LMP disclosed prior to appraisal. Central Implementation Unit is Finalise, adopt, disclose, implement and (as required by the Association) responsible for preparing and updating update the Labor Management Procedures (LMP) for the Project in a Finalize the draft LMP and submit to the the LMP. manner acceptable to the Association. Association for review and clearance within three months of the Project Effective Date Project Implementation Unit is and prior to the engagement of any Project responsible for implementing the LMP. Workers. Implement the LMP throughout Project implementation. Incorporate the relevant aspects of the LMP into the contract documents of direct workers (other) and contracted workers (including contractors and consultants). 2.2 GRIEVANCE MECHANISM FOR PROJECT WORKERS Grievance mechanism to be adopted and Project Implementation Unit Adopt and operate a grievance mechanism for Project workers, as operational within three months of the described in the LMP and consistent with ESS2. Project Effective Date and prior to the engagement of any Project Workers and implemented throughout Project implementation. 2.3 OCCUPATIONAL HEALTH AND SAFETY (OHS) MEASURES LMP OHS measures to be finalized prior to Central Implementation Unit is Finalise, adopt, and implement occupational, health and safety (OHS) the preparation of procurement responsible for preparing and updating measures specified in the LMP. documents for physical works. the LMP and ESMP. Finalise, adopt and implement OHS measures specified in the LMP for Throughout Project implementation. Project Implementation Unit is direct workers (Government), direct workers (other) and contracted responsible for implementing the LMP. workers (including contractors and consultants). 6|Page P176965 FSM SEEP - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY 2.4 CODE OF CONDUCT All Project workers will be required to sign a Code of Conduct (CoC) (LMP All project workers to receive training and Project Implementation Unit is Appendix C) which outlines acceptable behaviour for the workers and sign CoC within five days of starting on the responsible for implementation of the their role, including reference to workforce-related Gender Based project. CoC. Violence, Sexual Exploitation and Abuse and Sexual Harassment (SEA/SH). Project workers will receive training on the CoC before signing the document. ESS 3: RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT 3.1 WASTE MANAGEMENT PLAN Contractors to prepare, adopt and implement a Waste Management The FSA C-ESMP Waste Management Plan Central Implementation Unit is Plan for the FSA revitalization (Component 2.1) in accordance with the shall be prepared by the Contractor and responsible for providing technical review ESMP as part of their Contractors Environmental and Social cleared by the Association prior to works of C-ESMP and monitoring Management Plan (C-ESMP). commencing and implemented throughout implementation. the period of construction. In case of an Asbestos -Containing Material (ACM) is found in the buildings during the implementation of the Project the contractor is to develop an Asbestos Management Plan (AMP). 3.2 RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT IN DESIGN Preparation of the Final FSA ESMP as per Central Implementation Unit to prepare Resource efficiency and pollution prevention and management Action 1.2 above. Final ESMP and monitor implementation. measures will be addressed in the design of FSA revitalization (Component 2.1) in accordance with the measures to be prepared in the FSA ESMP, to the satisfaction of the Association. Measures may include water use efficiency, energy efficiency and incorporation of renewable energy generation and the treatment of wastewater. 7|Page P176965 FSM SEEP - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY 3.3 RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND Screening to occur prior to the finalization Central Implementation Unit is MANAGEMENT - CURRICULA AND TRAINING MATERIALS of the Scope of Work and / or Terms of responsible for screening and preparing Reference and/or Purchase of Goods. instruments, tools and measures and The CIU to screen any proposed subproject or activity (including monitoring the implementation. The PIU curricula improvements, training and purchase of equipment and Instruments and / or tools and measures to is responsible for implementation of the materials, but excluding activities in Component 2.1 relating to the FSA be prepared by the CIU and cleared by the instruments, tools and measures. revitalization) for resource efficiency and pollution prevention and Association in advance of the Recipient’s management. Where risks are identified the CIU will prepare approval of the relevant Terms of instruments, tools and other measures proportionate to the identified risk. Reference, Scope of Work or Purchase of goods. The PIU will implement the instruments, tools and measures in a manner acceptable to the Association. Measures may include (but not Instruments, tools and measures to be be limited to): incorporating E&S considerations into Terms of implemented during the sub-component or Reference for technical advisory services, codes of practice or activity implementation. application of national or international emissions standards to manage emissions and preparation of pollution prevention and resource efficiency in TVET curricula. ESS 4: COMMUNITY HEALTH AND SAFETY 4.1 COMMUNITY HEALTH AND SAFETY DURING CONSTRUCTION Central Implementation Unit is Contractors to prepare, adopt and implement a C-ESMP for the FSA The CESMP shall be prepared by the responsible for providing technical review revitalization (Component 2.1) in accordance with the ESMP, including Contractor and cleared by the Association of C-ESMP and monitoring community engagement and traffic management procedures to avoid prior to works commencing and implementation. and mitigate harm on the community during the construction phase. implemented throughout the period of construction. 4.2 INFRASTRUCTURE AND BUILDING DESIGN Preparation of the Final FSA ESMP prior to Central Implementation Unit to prepare Community health and safety will be addressed in the design of FSA the finalization of the detailed design. ESMP and monitor implementation. revitalization (Component 2.1) in accordance with the measures to be prepared in the Final FSA ESMP, to the satisfaction of the Association. Measures may include potable water and upgraded sanitation, fire and life safety, climate and natural hazard resilience, use of non-toxic materials, building code compliance and universal access. 8|Page P176965 FSM SEEP - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 4.3 COMMUNITY HEALTH AND SAFETY – CURRICULA and TRAINING Screening to occur prior to the finalization Central Implementation Unit is MATERIALS of the Scope of Work and / or Terms of responsible for screening and preparing Reference and/or Purchase of Goods. instruments, tools and measures and The CIU to screen any proposed subproject or activity (including monitoring the implementation. The PIU curricula improvements, training and purchase of equipment and Instruments and / or tools and measures to is responsible for implementation of the materials, but excluding activities in Component 2.1 relating to the FSA be prepared by the CIU and cleared by the instruments, tools and measures. revitalization) for community health and safety risks. Where risks are Association in advance of the Recipient’s identified the CIU will prepare instruments, tools and other measures approval of the relevant Terms of proportionate to the identified risk. The PIU will implement the Reference, Scope of Work or Purchase of instruments, tools and measures in a manner acceptable to the goods. Association. Measures may include (but not be limited to): stakeholder engagement approaches, incorporating E&S considerations into Terms Instruments, tools and measures to be of Reference for technical advisory services, national or international implemented during the sub-component or standards to manage health and safety risks relating to training activity implementation. activities and incorporation of health and safety measures into curricula. 4.4 GBV AND SEA RISKS Submit the SEA-SH GBV Action Plan for the Project Implementation Unit with Prepare, adopt, disclose, consult and implement a stand-alone Sexual Association’s approval within six months of technical support from the Central Exploitation and Abuse and Sexual Harassment and Gender-Based the Effective Date. Once approved, the Implementation Unit Violence Action Plan (SEA-SH GBV Action Plan), to assess and manage GBV Action Plan is implemented the risks of gender-based violence (GBV) and sexual exploitation and throughout Project implementation. abuse (SEA) and sexual harassment (SH). SEA-SH GBV Action Plan will include reference to measures such as a code of conduct for Project workers and a SEA and SH Grievance Mechanism. Awareness raising and training regarding GBV and SEA-SH considerations to be delivered by a communications officer who has specific skills in this area and involving external providers as required. 4.5 GBV AND SEA RISKS DURING PROJECT IMPLEMENTATION Submit Budget for the SEA-SH GBV Action Project Implementation Unit, with The Project will commit additional funds to implement measures arising Plan for the Association’s approval before technical support from the Central from the SEA-SH GBV Action Plan in order to address GBV and SEA risks the preparation of the procurement Implementation Unit and impacts that may arise during Project implementation. documents. Once approved, the GBV Action Plan is implemented throughout Project implementation. ESS 5: LAND ACQUISITION, RESTRICTIONS ON LAND USE AND INVOLUNTARY RESETTLEMENT 9|Page P176965 FSM SEEP - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 5.1 RESETTLEMENT PLANS Screening, due diligence and RAPs . Relevant aspects of this standard shall be considered, as needed, under submitted for the Association’s approval action 1.2 above, including screening checklists and due diligence to and once approved, implemented prior to confirm site land and asset ownership/access arrangements and current commencing Project activities that involve site usage/occupation. There will be an assessment of whether Project land acquisition and physical or economic activities will involve land acquisition or leasing or physical or economic displacement. displacement. If physical or economic displacement, land acquisition or leasing is required for the Project, the CIU will prepare, adopt and implement Resettlement Action Plans (RAPs) before carrying out the associated activities. 5.2 GRIEVANCE MECHANISM The grievance mechanism to be The grievance mechanism (GM) to address resettlement related operational 30 days after the Project complaints should be described in the RAPs and SEP. effective date as per the SEP. The Grievance mechanism will be implemented throughout Project Implementation. ESS 6: BIODIVERSITY CONSERVATION AND SUSTAINABLE MANAGEMENT OF LIVING NATURAL RESOURCES 10 | P a g e P176965 FSM SEEP - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 6.1 BIODIVERSITY CONSERVATION Preparation of the Final FSA ESMP prior to Central Implementation Unit to prepare Screen, assess and mitigate biodiversity impacts from the FSMSA the preparation of the procurement FSA ESMP and monitor implementation. revitalization (Component 2.1) in accordance with the FSA ESMP and documents. ESS6. Central Implementation Unit is Implementation of the FSMSA ESMP responsible for screening and preparing The CIU to screen any proposed subproject or activity (including throughout the implementation of instruments, tools and measures and curricula improvements, training and purchase of equipment and Component 2.1. monitoring the implementation. The PIU materials, but excluding activities in Component 2.1 relating to the FSA is responsible for implementation of the revitalization) for biodiversity conservation risks and risks relating to the Instruments and / or tools and measures to instruments, tools and measures. sustainable management of living resources. Where risks are identified be prepared by the CIU and cleared by the the CIU will prepare instruments, tools and other measures Association in advance of the Recipient’s proportionate to the identified risk. The PIU will implement the approval of the relevant Terms of instruments, tools and measures in a manner acceptable to the Reference, Scope of Work or Purchase of Association. Measures may include (but not be limited to): guidelines or goods. curricula materials. Instruments, tools and measures to be implemented during the sub-component or activity implementation. ESS 7: INDIGENOUS PEOPLES/SUB-SAHARAN AFRICAN HISTORICALLY UNDERSERVED TRADITIONAL LOCAL COMMUNITIES 7.1 INDIGENOUS PEOPLE Throughout Project implementation Project Implementation Unit supported by The processes and approaches in the E&S management tools and the Central Implementation Unit, instruments referred to in this ESCP shall be designed to ensure that Department of Finance and the Project fosters full respect for the human rights, dignity, aspirations, Administration identity, culture, and natural resource-based livelihoods of Chuukese, Ponapean, Yapese and Kosraean people. ESS 8: CULTURAL HERITAGE 8.1 CHANCE FINDS Preparation of the Final FSA ESMP prior to Central Implementation Unit to prepare Prepare, adopt, and implement a chance finds procedure in the ESMP the preparation of the procurement FSA ESMP and monitor implementation. developed for the FSA revitalization. documents. The chance finds procedure shall be implemented throughout the period of construction. 11 | P a g e P176965 FSM SEEP - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 8.2 CULTURAL HERITAGE MANAGEMENT Screening and assessment to occur prior to Central Implementation Unit to prepare Screen, assess and mitigate risks to cultural heritage from physical the preparation of procurement FSMSA ESMP and monitor works associated with the FSA revitalization (Component 2.1) in documents. implementation. accordance with the ESMP, to the satisfaction of the Association. Implementation of the FSA ESMP throughout the implementation of Component 2.1. ESS 10: STAKEHOLDER ENGAGEMENT AND INFORMATION DISCLOSURE 10.1 STAKEHOLDER ENGAGEMENT PLAN PREPARATION AND The SEP to be operational 30 days after the Project Implementation Unit with IMPLEMENTATION Project effective date. technical support from the Central Update, adopt, disclose, consult and implement the Stakeholder Implementation Unit. Engagement Plan (SEP). Implement the SEP throughout Project Implementation. SEP to be updated by the Central The Stakeholder Engagement Plan shall be Implementation Unit. reviewed and updated at least annually to reflect the needs of the Project work plan. 10.2 PROJECT GRIEVANCE MECHANISM An accessible grievance mechanism shall be established, publicized, The grievance mechanism to be Central Implementation Unit in maintained and operated to receive and facilitate resolution of concerns operational 30 days after the Project consultation with the Project and grievances in relation to the Project, promptly and effectively, in a effective date. Implement the grievance Implementation. transparent manner that is culturally appropriate and readily accessible mechanism throughout Project to all Project-affected parties, at no cost and without retribution, Implementation. including concerns and grievances filed anonymously, in a manner consistent with ESS10. The grievance mechanism shall also receive, register and address concerns and grievances related to the, sexual exploitation and abuse, sexual harassment in a safe and confidential manner, including through the referral of survivors to gender-based violence service providers. CAPACITY SUPPORT (TRAINING) 12 | P a g e P176965 FSM SEEP - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN CS1 PIU staff (direct worker), other direct workers and contractors shall On inception of all new workers to the Central Implementation Unit receive training on the relevant aspects of the Project E&S instruments, project and on regular intervals throughout tools and measures including relevant ESHS requirements, topics Project implementation. include but are not limited to: • ESS10 Stakeholder engagement and GM implementation. • ESS2 and the Project’s Labor Management Procedure, including CoC. • Roles and Responsibilities for ES management. • Screening risks and preparing instruments, tools and measures. • C-ESMP monitoring and auditing. • Community and worker health and safety. • GBV and SEA-SH prevention and awareness raising. 13 | P a g e