Ministry of Finance and Economic Development Botswana Renewable Energy Scale Up Support (P178822) Draft ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) 16 July 2022 1|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 1. The Ministry of Finance and Economic Development (the Recipient) will implement the Botswana Renewable Energy Scale Up Support Project (the “Project”), with the involvement of the Ministry of Mineral and Energy (MME) through the Project Energy Development Unit (PEDU) as the Project Implementation Unit (PIU), as set out in the Grant Agreement. The International Bank for Reconstruction and Development (the “Bank”), acting as the administrator of Energy Sector Management Assistance Program (ESMAP), has agreed to provide financing for the Project, as set out in the referred agreement. 2. The Recipient shall ensure that the Project is carried out in accordance with the Environmental and Social Standards (ESSs) and this Environmental and Social Commitment Plan (ESCP), in a manner acceptable to the Bank. The ESCP is a part of the Grant Agreement. Unless otherwise defined in this ESCP, capitalised terms used in this ESCP have the meanings ascribed to them in the referred agreement(s). 3. Without limitation to the foregoing, this ESCP sets out material measures and actions that the Recipient shall carry out or cause to be carried out, including, as applicable, the timeframes of the actions and measures, institutional, staffing, training, monitoring and reporting arrangements, and grievance management. The ESCP also sets out the environmental and social (E&S) instruments that shall be adopted and implemented under the Project, all of which shall be subject to prior consultation and disclosure, consistent with the ESS, and in form and substance, and in a manner acceptable to the Bank. Once adopted, said E&S instruments may be revised from time to time with prior written agreement by the Bank. 4. As agreed by the Bank and the Recipient, this ESCP will be revised from time to time if necessary, during Project implementation, to reflect adaptive management of Project changes and unforeseen circumstances or in response to Project performance. In such circumstances, the Recipient [through] Ministry of Minerals and Energy (MME) and the Bank agree to update the ESCP to reflect these changes through an exchange of letters signed between the Bank and the Recipient Deputy Permanent Secretary of MME. The Recipient shall promptly disclose the updated ESCP. 2|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – [name] Project MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY MONITORING AND REPORTING A REGULAR REPORTING Submit bi-annually reports to the Bank PEDU throughout Project implementation, Prepare and submit to the Bank regular monitoring reports on the Environmental, Social, commencing after the Effective Date. Health and Safety (ESHS) performance of the Project, including but not limited to the implementation of the ESCP, status of preparation and implementation of E&S instruments required under the ESCP, stakeholder engagement activities, and functioning of the grievance mechanism(s). B INCIDENTS AND ACCIDENTS Notify the Bank no later than 48 hours PEDU after learning of the incident or Promptly notify the Bank of any incident or accident related to the Project which has, or accident. is likely to have, a significant adverse effect on the environment, the affected communities, the public or workers, including, inter alia, cases of sexual exploitation and Provide subsequent report to the Bank abuse (SEA), sexual harassment (SH), and accidents that result in death, serious or within a timeframe acceptable to the multiple injury. Provide sufficient detail regarding the scope, severity, and possible Bank. causes of the incident or accident, indicating immediate measures taken or that are planned to be taken to address it, and any information provided by any consultant and/or supervising firm, as appropriate. Subsequently, at the Bank’s request, prepare a report on the incident or accident and propose any measures to address it and prevent its recurrence. ESS 1: ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS 1.1 ORGANIZATIONAL STRUCTURE Appoint the Environmental and Social MME/PEDU Specialist no later than 30 days from The PEDU will establish and maintain an organizational structure with qualified staff and project effectiveness. . resources to support management of ESHS risks and impacts of the Project. The PEDU will recruit a qualified Environmental and Social Specialist to oversee the implementation and preparation of the instruments. 1.3 MANAGEMENT OF CONSULTANTS As part of the preparation of PEDU Incorporate the relevant aspects of the ESCP, including, inter alia, the relevant E&S procurement documents and respective instruments, the Labor Management Procedures, and Code of Conduct, into the ESHS contracts. specifications of the procurement documents and contracts with consultants and supervising firms. Thereafter ensure that the consultants and supervising firms comply and cause sub-consultants to comply with the ESHS specifications of their respective contracts. 3|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – [name] Project MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY 1.4 TECHNICAL ASSISTANCE a) No later than 30 days after PEDU project effectiveness a) Prepare a Terms of Reference (ToR) for the Environmental and Social Impact Assessment (ESIA) which incorporates E&S sustainability considerations to fulfill b) No later than project closure. the requirements of national laws and international good practices as exemplified in the World Bank Environmental and Social Framework. The ToR c) Throughout Project should make provision for the preparation of an Environmental and Social implementation. Management Plan (ESMP), Stakeholder Engagement Plan (SEP) and GBV/SEA/SH assessment and action plan as part of the ESIA. d) Prior to commencing with the geotechnical and seismic b) Prepare, submit for Bank review and disclose the ESIA including the ESMP, SEP, studies and thereafter GBV/SEA/SH assessment and action plan. The ESIA shall include ToR for the implement throughout the development of a Resettlement Action Plan (RAP). Project Implementation. c) Ensure that the consultancies, studies (including feasibility studies, if applicable), capacity building, training, and any other technical assistance activities under the Project, including, inter alia, the preparation of the Environmental and Social Impact Assessment and Environmental and Social Management Plans are carried out in accordance with terms of reference acceptable to the Botswana Environmental Impact Assessment Act (including the engagement of duly certified EA practitioners) and the Bank, that are consistent with the ESSs. Thereafter ensure that the outputs of such activities comply with the terms of reference. d) Prepare a generic ESMP proportionate to the level of potential risks and impacts associated with the geotechnical and seismic studies. ESS 2: LABOR AND WORKING CONDITIONS 2.1 LABOR MANAGEMENT PROCEDURES a) Throughout project implementation PEDU b) As part of the ESIA outputs 4|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – [name] Project MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY a) Comply and implement Labor Management Practices (LMP) for the Project which will form part of the procurement documents, including, inter alia, provisions on working conditions, management of workers relationships, occupational health and safety (including personal protective equipment, and emergency preparedness and response), code of conduct (including relating to SEA and SH), forced labor, child labor, grievance arrangements for Project workers, and applicable requirements for consultants, sub-consultants etc. consistent with those stipulated in the applicable national laws and good international practices explicated in ESS 2. b) Prepare a Terms of Reference for developing a Labor Management Procedure and an Occupational Health and Safety Plan for downstream activities as part of the ESIA. 2.2 GRIEVANCE MECHANISM FOR PROJECT WORKERS Establish grievance mechanism prior PEDU engaging Project workers and Establish and operate a grievance mechanism for Project workers, as described in the thereafter maintain and operate it LMP and consistent with ESS2. throughout Project implementation. ESS 3: RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT 3.1 a) As part of the Terms of Reference for the Environmental and Social Impact a) Prior to commencing with the studies PEDU Assessment study ensure that E&S sustainability is considered as part of the project (geotechnical and seismic) and design in line with the requirements of the national laws and international good thereafter implement the ESMP practices as exemplified in ESS 3. throughout Project implementation b) Include measures to ensure resource efficiency and prevention of pollution in line b) Prior to commencing with the with national legislation and international good practices as part of the generic geotechnical and seismic studies and Environmental and Social Management plan reference in 1.4 (c). thereafter implement throughout the Project Implementation. ESS 4: COMMUNITY HEALTH AND SAFETY 4.1 COMMUNITY HEALTH AND SAFETY Prior to the consultant commencing PEDU/ Consultants As part of the bidding requirements include a requirement for the consultant to put with the studies measures in place for preventing the spread of infectious diseases such as COVID-19 and HIV/AIDS in line with the World Bank guidelines on COVID-19, the WHO guidelines and those stipulated by the national legislation. 4.3 SEA AND SH RISKS a) and b) Prior to commencement PEDU of the studies 5|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – [name] Project MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY a) As part of the pre-screening process, assess the risks of sexual exploitation and abuse (SEA) and sexual harassment (SH) and ensure the generic ESMP referenced in 1.4(c) include proportionate mitigation measures. b) All contracts to include a Code of Conduct for workers with a clear position statement on SEA/HA including detailing disciplinary action to be taken for non- compliance. ESS 5: LAND ACQUISITION, RESTRICTIONS ON LAND USE AND INVOLUNTARY RESETTLEMENT 5.1 RESETTLEMENT POLICY FRAMEWORK Prior to commencement with the PEDU Conduct a pre-site selection screening to exclude areas which requires resettlement or studies. will negatively impact on livelihoods. As part of the ToR referenced in 1.4 (a) include provision for further assessment of the applicability of ESS 5 and include the need for a Resettlement Action Plan (RAP) to be prepared in line with the requirements of national laws and good international practices as exemplified in the ESS 5, if found to be applicable and unavoidable. ESS 6: BIODIVERSITY CONSERVATION AND SUSTAINABLE MANAGEMENT OF LIVING NATURAL RESOURCES 6.1 BIODIVERSITY RISKS AND IMPACTS a) and b) Prior to commencement PEDU a) Conduct a pre-site selection screening to exclude areas with potential sensitive with the studies. habitats such as wetlands, biodiversity hotspots and known bird and bat migratory routes. If not avoidable, additional specialist will be included in the ToR referenced in 1.4 (a) and mitigation measures proportionate to the level of the anticipated impacts and risks as part of the ESMP to be prepared with the ESIA. b) Provisions for mitigation measures proportionate to the level of the anticipated impacts and risks associated with the geotechnical and seismic studies; on biodiversity and natural environments will be included in the generic ESMP referenced in 1.4 (c). ESS 7: INDIGENOUS PEOPLES/SUB-SAHARAN AFRICAN HISTORICALLY UNDERSERVED TRADITIONAL LOCAL COMMUNITIES 7.1 INDIGENOUS PEOPLES PLANNING FRAMEWORK PEDU As part of the preparation of the Terms of Reference mentioned in 1.4 (a) 6|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – [name] Project MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY The ToR referenced in 1.4 (a) will make provision of the screening of potential impacts on IP/SSAHUTLC. If found applicable, the ESIA should propose measures to avoid cultural and physical impacts and if not avoidable propose measures to reduce and mitigate impacts on IP/SSAHUTLC by preparing an IP/SSAHUTLC plan in line with legislation concerning Indigenous Peoples (i.e. conventions and declarations) and the requirements of ESS7. ESS 8: CULTURAL HERITAGE [ 8.1 CULTURAL HERITAGE RISKS AND IMPACTS As part of the preparation of the Terms PEDU of Reference mentioned in 1.4(a) The ToR referenced in 1.4 (a) will make provision of the screening of potential impacts on cultural heritage sites. 8.2 CHANCE FINDS As part of the outputs of the ESIA study PEDU Prepare a chance finds procedures for the downstream project implementation as part of the ESIA and ESMP referenced in 1.4 (b) ESS 9: FINANCIAL INTERMEDIARIES Not Applicable ESS 10: STAKEHOLDER ENGAGEMENT AND INFORMATION DISCLOSURE 10.1 STAKEHOLDER ENGAGEMENT PLAN PREPARATION AND IMPLEMENTATION Prior to RETF appraisal and thereafter PEDU implement the SEP throughout Project Prepare, adopt and implement a Stakeholder Engagement Plan (SEP) for the Project, implementation. consistent with ESS10, which shall include measures to, inter alia, provide stakeholders with timely, relevant, understandable and accessible information, and consult with them in a culturally appropriate manner, which is free of manipulation, interference, coercion, discrimination and intimidation. 10.2 PROJECT GRIEVANCE MECHANISM Establish the grievance mechanism PEDU prior to RETF appraisal and thereafter maintain and operate the mechanism Establish, publicise, maintain, and operate an accessible grievance mechanism, to throughout Project implementation. receive and facilitate resolution of concerns and grievances in relation to the Project, promptly and effectively, in a transparent manner that is culturally appropriate and readily accessible to all Project-affected parties (PAPs), at no cost and without retribution, including concerns and grievances filed anonymously, in a manner consistent with ESS10. 7|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – [name] Project MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY The grievance mechanism shall be equipped to receive, register, and facilitate the resolution of SEA/SH complaints, including through the referral of survivors to relevant gender-based violence service providers, all in a safe, confidential, and survivor-centered manner. CAPACITY SUPPORT CS1 Undertake an organisational capacity assessment of the PIU and implementation to No later than project closure PEDU determine existing capacity for implement and managing downstream project E&S risks and impacts and determine areas which requires strengthening. 8|Page