Nigeria: State Action on Business Enabling Reforms (SABER) (Investment Project Financing (IPF) TA Component) P177442 [Draft] ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) [August 10, 2022] 1|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 1. The Federal Republic of Nigeria (the Recipient) will implement the Investment Project Financing (IPF) Technical Assistance (TA) Component (the “Project�) of the Nigeria: State Action on Business Enabling Reforms (SABER) Operation, with the involvement of the following Ministries/Agencies/Department, the Federal Ministry of Finance, Budget and National Planning, through the Home Finance Department (HFD), and the Presidential Enabling Business Environment Council (PEBEC)’s Enabling Business Environment Secretariat (EBES), as set out in the Financing Agreement. The International Development Association (the Association) has agreed to provide financing for the Operation as set out in the referred agreement(s). The Operation consists of a Program-for-Results Financing component (the “Program�) and an Investment Project Financing component (the “Project�). 2. The Recipient through the Home Finance Department (HFD) shall ensure that the Project is carried out in accordance with the Environmental and Social Standards (ESSs) and this Environmental and Social Commitment Plan (ESCP), in a manner acceptable to the Association. The ESCP is a part of the Financing Agreement. Unless otherwise defined in this ESCP, capitalized terms used in this ESCP have the meanings ascribed to them in the referred agreement(s). 3. Without limitation to the foregoing, this ESCP sets out material measures and actions that the FMFBNP’s HFD and EBES shall carry out or cause to be carried out, including, as applicable, the timeframes of the actions and measures, institutional, staffing, training, monitoring and reporting arrangements, and grievance management. The ESCP also sets out the environmental and social (E&S) instruments that shall be adopted and implemented under the Project, all of which shall be subject to prior consultation and disclosure, consistent with the ESS, and in form and substance, and in a manner acceptable to the Association. Once adopted, said E&S instruments may be revised from time to time with prior written agreement by the Association. 4. As agreed by the Association and the recipient, this ESCP will be revised from time to time if necessary, during Project implementation, to reflect adaptive management of Project changes and unforeseen circumstances or in response to Project performance. In such circumstances, the recipient and the Association agree to update the ESCP to reflect these changes through an exchange of letters signed between the Association and the Director of HFD. The FMFBNP’s HFD 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 Half yearly/six-monthly reports to the Association Project Coordination Unit (PCU) at Prepare and submit to the Association regular monitoring throughout Project implementation, commencing after Home Finance Department (HFD) reports on the environmental, social, health and safety (ESHS) the Effective Date. 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 Association no later than 48 hours after PCU Promptly notify the Association of any incident or accident learning of the incident or accident. related to the Project which has, or is likely to have, a significant adverse effect on the environment, the affected Notify the Association of SEA/SH incidents within 24 communities, the public or workers, including, inter alia, cases hours of learning of the incident. of sexual exploitation and abuse (SEA), sexual harassment (SH), and accidents that result in death, serious or multiple Provide subsequent report to the Association within a injury. Provide sufficient detail regarding the scope, severity, timeframe acceptable to the Association, as requested. and possible 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 contractor and/or supervising firm, as appropriate. Subsequently, at the Association’s request, prepare a report on the incident or accident and propose any measures to address it and prevent its recurrence. ESS 1: ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS 3|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – [name] Project MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY 1.1 ORGANIZATIONAL STRUCTURE Establish and maintain a PCU throughout the project Assign and share name of the assigned focal officials PCU implementation with qualified staff and resources to support responsible for E&S with the Association before project management of ESHS risks and impacts of the Project, as a effectiveness. manner satisfactory to the Association. • Assign focal officials responsible for ensuring E&S PAP One Environmental and one Social officer/consultant implementation will be hired no later than three months after the effectiveness. • Hire qualified part-time Environmental and full-time Social Officers/Consultants and provide capacity Organizational structure to be building/system strengthen program to strengthen maintained throughout Project their skills implementation. 1.2 ENVIRONMENTAL AND SOCIAL INSTRUMENTS 1. Prepare and disclose the Environmental and Social 1. By three months of project effectiveness. PCU Management Plan 2. Implement the ESMP throughout Project 2. Federal Ministry of Finance, Budget and National implementation. Planning, Home Finance Department, will apply the ESMP to ensure amongst other, but not limited to waste management, OHS, COVID-19 protocol/guidelines and sustainable procurement throughout the implementation. 1.3 TECHNICAL ASSISTANCE Ensure that the consultancies, studies, capacity building, training, and any other technical assistance activities under Throughout Project implementation. PCU the Project including the ESMP to be supported under the TA are carried out in accordance with terms of reference acceptable to the Association that are consistent with the ESSs. Thereafter ensure that the outputs of such activities comply with the terms of reference. ESS 2: LABOR AND WORKING CONDITIONS 2.1 LABOR MANAGEMENT PROCEDURES (LMP) By three months of project effectiveness, prepare and PCU adopt the LMP and thereafter implement the LMP throughout Project implementation. 4|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – [name] Project MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY Prepare, Adopt and implement the Labor Management Procedures (LMP) as an annex in the ESMP for the Project, 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 contractors, subcontractors, and supervising firms. 2.2 GRIEVANCE MECHANISM FOR PROGRAM WORKERS Grievance mechanism operational prior to engaging PCU/PIUs Establish and operate a grievance mechanism for Project Project works and maintained throughout Project workers, as described in the LMP and consistent with ESS2. Implementation 2.3 OCCUPATIONAL HEALTH AND SAFETY (OHS) MEASURES Throughout the implementation PCU/PIUs Update and implement occupational health and safety measures (OHS), including emergency preparedness and response measures, Project workers training to heighten awareness of possible risks (PPE, first aid, firefighting equipment, etc.), injuries and to mitigate impacts on project workers. The OHS measures shall be updated before engagement of all consultants and workers including Independent Verification Agency to address work related risk and maintained throughout Project implementation. ESS 3: RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT 3.1 WASTE MANAGEMENT PLAN A part of the ESMP, six months after the project PCU Prepare and implement a Waste Management Plan (WMP) effectiveness. including office wastes, e-wastes, hazardous and non- hazardous wastes from vehicle maintenance, if applicable, as Implement the WMP throughout Project a part of the ESMP, to manage wastes, consistent with ESS3. implementation. 3.2 RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND During preparation of any bidding document. PCU MANAGEMENT During preparation of any terms of reference. Incorporate resource efficiency and pollution prevention and management measures in the bidding document. ESS 4: COMMUNITY HEALTH AND SAFETY 4.1 Security Management Protocol Throughout the project implementation PCU 5|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) – [name] Project MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY Although the project activities are not envisaged to result in the large-scale use of security personnel, the project will conduct security risk assessment that will inform the preparation of Security Management Protocol, wherever relevant. 4.2 Fire Safety Plan By three months of project effectiveness as a part of PCU Assess the life and fire safety risks of the buildings with publicthe ESMP. access and prepare the Fire Safety Plan as a part of the ESMP. Implement the Fire Safety Plan throughout the implementation ESS 5: LAND ACQUISITION, RESTRICTIONS ON LAND USE AND INVOLUNTARY RESETTLEMENT: This standard is not relevant for the Project. ESS 6: BIODIVERSITY CONSERVATION AND SUSTAINABLE MANAGEMENT OF LIVING NATURAL RESOURCES: This standard is not relevant for the Project. ESS 7: INDIGENOUS PEOPLES/SUB-SAHARAN AFRICAN HISTORICALLY UNDERSERVED TRADITIONAL LOCAL COMMUNITIES: This standard is not relevant for the Project. ESS 8: CULTURAL HERITAGE: This standard is not relevant for the Project. ESS 9: FINANCIAL INTERMEDIARIES: This standard is not relevant for the Project. ESS 10: STAKEHOLDER ENGAGEMENT AND INFORMATION DISCLOSURE 10.1 STAKEHOLDER ENGAGEMENT PLAN PREPARATION AND Adopt the SEP no later than the completion of the PCU IMPLEMENTATION Project appraisal, and thereafter implement the SEP Adopt and implement a Stakeholder Engagement Plan (SEP) throughout Project implementation for the Project, consistent with ESS 10, 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 PROGRAM GRIEVANCE MECHANISM PCU Establish the grievance mechanism no later than three Establish, publicize, maintain, and operate an accessible months after project effectiveness, and thereafter grievance mechanism, to receive and facilitate resolution of maintain and operate the mechanism throughout concerns and grievances in relation to the Project, promptly Project implementation. and effectively, in a transparent manner that is culturally appropriate and readily accessible to all Project-affected parties, at no cost and without retribution, including concerns and grievances filed anonymously, in a manner consistent with ESS10. 6|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 Capacity support to PCU staff, stakeholders and, Project Throughout Project implementation . PCU with World Bank resource person workers on: support • The E&S implementation and management in a PforR Other specific training such as ESF and ESMP operation, results verification, consultation, implementation will be conducted within 4 months of communication, etc. project effectiveness. • ESF Fundamentals • ESMP Implementation • GRM Training • Stakeholder mapping and engagement • Waste Management • Importance of Resource Efficiency and Sustainable Procurement • Occupational health and safety including on emergency prevention and preparedness 7|Page