NWGIP Environmental and Social Commitment Plan (ESCP) Government of Nepal Ministry of Water Supply Department of Water Supply and Sewerage Management Panipokhari, Kathmandu Water Sector Governance and Infrastructure Project (P176589) Draft ENVIRONMENTAL and SOCIAL COMMITMENT PLAN (ESCP) January 31, 2022 NWGIP Environmental and Social Commitment Plan (ESCP) ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 1. The Government of Nepal (GoN) will implement the Water Sector Governance and Infrastructure Project, referred as the Project hereafter, with the involvement of the Department of Water Supply and Sewerage Management (DWSSM) under the Ministry of Water Supply (MoWS). The International Development Association (hereinafter the World Bank) has agreed to provide financing for the Project. 2. The GoN 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 GoN will also comply with the provisions of any other E&S documents required under the Environmental and Social Framework (ESF) and referred to in this ESCP, such as the Environmental and Social Management Framework (ESMF), Resettlement Policy Framework (RPF), Indigenous Peoples Planning Framework (IPPF), Labor Management Procedures (LMPs) and Stakeholder Engagement Plan (SEP), and the timelines specified for the preparation of those E&S documents. 4. The GoN is responsible for compliance with all requirements of the ESCP even when implementation of specific measures and actions is conducted by the DWSSM under the MoWS. 5. Implementation of the material measures and actions set out in this ESCP will be monitored and reported to the World Bank by the GoN as required by the ESCP and the conditions of the legal agreement, and the World Bank will monitor and assess progress and completion of the material measures and actions throughout implementation of the Project. 6. As agreed by the World Bank and the GoN, 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 GoN, through the DWSSM under the MoWS, will agree to the changes with the World Bank 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 World Bank and the GoN, through MoWS. The GoN, through DWSSM, will promptly disclose the updated ESCP. 7. Where Project changes, or unforeseen circumstances arises, or Project performance result in changes to the risks and impacts during Project implementation, the GoN shall provide additional funds, if needed, to implement actions and measures to address such risks and impacts, which may include risks and impacts that are relevant to the Project, such as environmental, health, and safety impacts, labor influx, sexual exploitation and abuse and sexual harassment (SEA/SH). MATERIAL MEASURES AND ACTIONS TIME FRAME RESPONSIBILE ENTITY/AUTHORITY MONITORING AND REPORTING A REGULAR REPORTING Prepare and submit to the World Bank regular monitoring reports on Every six months throughout Project Project Management Unit (PMU) the environmental, social, health, and safety (ESHS) performance of implementation. Reports will be shared the Project, including but not limited to the implementation of the with the Bank not later than 2 weeks after ESCP, status of preparation and implementation of E&S documents the end of the 6-month period. required under the ESCP, stakeholder engagement activities, and the functioning of the grievance mechanism. B INCIDENTS AND ACCIDENTS NOTIFICATION Promptly notify the World Bank of any incident or accident related to Any incident or accident shall be notified to Project Director, PMU the Project which has, or is likely to have, a significant adverse effect the Bank within 24 hours after learning of on the environment, the affected communities, the public or workers the incident or accident. including accidents that could result in fatalities, injuries, sexual exploitation and abuse and sexual harassment (SEA/SH) etc. For all A preliminary report on action taken will be incidents except SEA/SH related, provide sufficient detail regarding the provided within 07 days, and a detailed incident or accident, indicating immediate measures taken or that are report will be provided within a month after planned to be taken to address it, and any information provided by any learning of the incident or accident, or any contractor and supervising entity, as appropriate. Subsequently, as per other timeframe acceptable to the Bank, as the World Bank’s request, prepare a report on the incident or accident requested. and propose any measures to prevent its recurrence. For SEA/SH incidents related to the project, provide basic facts with no specific detail information that would reveal the identity of the victim. All SEA/SH incident reports will be anonymized to the extent possible. C EXTERNAL MONITORING After first year of implementation, at mid- Project Director, PMU External monitoring of ESMF implementation will be conducted to term and during the final year of project ensure that all E&S management measures are being properly implementation. addressed and that mitigation measures are being implemented where these are required. External monitoring will be conducted by independent consultant hired by the PMU D CONTRACTORS MONTHLY REPORTS Periodically, upon request from the World Project Director, PMU Bank Contractors will provide monthly monitoring reports to the Project Management Unit. Where required, the DWSSM shall submit copies of contractor monthly reports to the Bank upon request. 3 MATERIAL MEASURES AND ACTIONS TIME FRAME RESPONSIBILE ENTITY/AUTHORITY ESS 1: ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS 1.1 ORGANIZATIONAL STRUCTURE PMU Establish and maintain a Project Management Unit (PMU) with a One Environmental and one Social qualified Environmental Specialist, Social Development Specialist and Specialists have been hired by PMU. The PIUs, Municipalities and Districts Gender Equity and Social Inclusion (GESI) Specialist within the PMU Municipal-PIUs, when established, will structure with qualified staff and resources to support management of include an Environmental Officer and One E&S risks throughout the Project implementation. Similarly, the Social Development Officer. The Municipality/district Level Project Implementation Units (PIUs) will be establishment of the PIUs along with E&S established with an Environmental Officer and a Social Development staffing will be done within 90 days after Officer to support management of E&S risks at the local level Project effectiveness throughout the Project implementation. In addition, Birendranagar Municipality, where a number of activities will be carried out, will hire Birendranagar Municipality will hire two two additional Environmental and Social Mobilizers for effective E&S Social Mobilizers within 90 days after the risk management. establishment of Municipal-PIUs. The organizational structure, including the specialists, shall be maintained throughout Project implementation. 4 MATERIAL MEASURES AND ACTIONS TIME FRAME RESPONSIBILE ENTITY/AUTHORITY 1.2 ENVIRONMENTAL AND SOCIAL ASSESSMENT a. Prepare, adopt, and implement, the Environmental and Social a. A Draft ESMF has already been prepared PMU Management Framework (ESMF), in a manner acceptable to the and disclosed. ESMF will be finalized, World Bank. consulted, re-disclosed, and adopted PIUs, Municipalities/ Districts before the Project Appraisal. b. Screen each proposed subproject in accordance with the ESMF b. During planning and design phase of prepared for the Project, and, thereafter, prepare, disclose, adopt, each subproject, prior to approval of the and implement Environmental and Social Assessment (ESIA), sub- project, and issuance of bids for Environmental and Social Management Plans (ESMP) or other corresponding sub-project/activities, instruments required for the respective subprojects based on the and thereafter implement throughout assessment process, in accordance with the ESSs, the ESMF, the the implementation of respective sub EHSGs, and other relevant Good International Industry Practice projects. (GIIP) including the relevant WHO guidelines on COVID-19 in a manner acceptable to the World Bank. c. Cumulative Impact Assessment (CIA): Screen to decide if a CIA is The need for a CIA will be assessed within 90 relevant for Surkhet Valley landscape. If needed, a CIA and days of project effectiveness, as well as consultation with stakeholders, in line with the ESMF, shall be prepare Terms of Reference (ToR) for CIA if undertaken to assess cumulative impacts of the project in and CIA is relevant. around the Surkhet valley landscape, in a manner acceptable to the Bank. If CIA is needed, the CIA will be prepared within nine-month of project effectiveness. Thereafter, implement the CIA recommendations throughout the project implementation. 5 MATERIAL MEASURES AND ACTIONS TIME FRAME RESPONSIBILE ENTITY/AUTHORITY 1.3 MANAGEMENT OF CONTRACTORS Incorporate the relevant aspects of the ESCP, ESMF, sub-project E&S During preparation of the bidding PMU documents and/or plans, and the SEA/SH plan and the Labor documents. Management Procedures, into the Environmental, Social, Health and PIUs, Municipalities/ Districts Safety (ESHS) specifications of the procurement documents with Ensure that contractors comply with contractors. Thereafter ensure that the contractors comply with the relevant aspects of ESCP, ESMF and specific ESHS specifications of their respective contracts. E&S plans or instruments throughout Project implementation. Ensure that contractors prepare and implement Contractor-ESMPs (C- Prepare C-ESMPs prior to commencement ESMPs). of civil works; and implement the plan Project Contractors throughout contract period. 1.4 PERMIT, CONSENTS AND AUTHORIZATIONS As appropriate, obtain required permits, consents, licenses, no- Obtain required permits, consents, licenses, PMU objections, and authorizations, including tree -felling permit, no-objections, or authorization, prior to environmental licenses and work permits that are applicable to the carrying out any subproject or subproject PIUs, Municipalities/ Districts subproject from relevant national and/or local authorities, and comply activity, and comply with the conditions with the conditions thereunder thereunder throughout the implementation of such subproject. 6 MATERIAL MEASURES AND ACTIONS TIME FRAME RESPONSIBILE ENTITY/AUTHORITY 1.5 CONTINGENT EMERGENCY RESPONSE FINANCING a. Ensure that the CERC Manual as specified in the Financing a. The adoption of the manual and, if PMU Agreement includes a description of the ESHS assessment and applicable, other documents as management arrangements including, any CERC-ESMF/ESMF relevant in form and substance Addendum that has been included or referred to in the CERC acceptable to the World Bank is a Manual] for the implementation of Component 4 CERC, in withdrawal condition under Section accordance with the ESSs. I.F, schedule 2 of the Financing b. Prepare, disclose, consult and adopt any environmental and Agreement for the Project. social (E&S) management plans or instruments which may be b. The E&S management plans or required for activities under Component 4 [CERC] of the Project, instruments shall be prepared, in accordance with t he CERC Manual, this ESCP and the ESSs, and disclosed, consulted, and thereafter thereafter implement the measures and actions required under adopted before the commencement said E&S management plans or instruments, within the of the relevant Project activities under timeframes specified in said E&S management plans or CERC. The E&S management plans or instruments. instruments shall be implemented in accordance with their terms, throughout Project implementation. ESS 2: LABOR AND WORKING CONDITIONS 2.1 LABOR MANAGEMENT PROCEDURES Adopt Labor Management Procedures (LMP) that have been Finalize and disclose the LMP prior to PMU developed for the Project. For each subproject, elaborate/ tailor the project appraisal. LMP provisions to the subproject ESIA/ESMPs and implement PIUs, Municipalities/Districts throughout project life. Ensure that LMP addresses SEA/SH issues Implement the LMP throughout the project including code of conduct (CoC), prohibition of child and forced labor, implementation safety, and non-discrimination. 2.2 GRIEVANCE MECHANISM FOR PROJECT WORKERS Grievance mechanism operational prior to PMU Establish, maintain, and operate a grievance mechanism for Project engaging Project Workers and maintained workers, as described in the LMP and consistent with ESS2. throughout Project implementation. PIUs, Municipalities/Districts 7 MATERIAL MEASURES AND ACTIONS TIME FRAME RESPONSIBILE ENTITY/AUTHORITY 2.3 OCCUPATIONAL HEALTH AND SAFETY (OHS) MEASURES Prior to issuance of bids for corresponding PMU Prepare and incorporate Occupational Health and Safety (OHS) sub-project/activities, and thereafter measures and plan consistent with ESS2, the World Bank Group Health implement the plans (as part of C-ESMP) PIUs, Municipalities/Districts and Safety (EHS) Guidelines, LMP, and relevant national legislation into throughout the implementation of such sub subproject site-specific environmental and social instruments including projects.� Project Contractors ESIA/ESMP. These will include workplace safety measures including personal protective equipment, first aid measures, work site protection measures, fire-fighting equipment, labour camp facilities, accidents and emergency response measures, Project workers’ training to enhance awareness of possible risks, protocols for local community safety, measures related to communicable diseases including COVID-19. ESS 3: RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT 3.1 RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND Subproject ESIAs and ESMPs will be PMU MANAGEMENT: developed as required prior to issuance of Resource efficiency and pollution prevention and management bids for corresponding sub- PIUs, Municipalities/Districts measures, including recycling and re-use options, water/energy projects/activities, and thereafter efficiency features for the Project, are discussed in the ESMF and will implemented throughout the subproject be incorporated into the design of each activity, and implemented implementation. through the subproject specific instrument(s) such as ESIAs/ESMPs prepared under action 1.3 above. Energy and water efficiency measures will be included in sub-project designs and Prepare sub-project specific ESIAs/EMSPs including specific measures carried out throughout the subproject on pollution prevention to minimize impacts of air and noise pollution, implementation. water pollution, surface- and groundwater contamination, and waste minimization. ESS 4: COMMUNITY HEALTH AND SAFETY. 8 4.1 TRAFFIC AND ROAD SAFETY: Prepare, adopt, and implement Prior to issuance of bids for corresponding PMU measures and action to assess and manage specific traffic and road subproject/activities, and thereafter safety risks and impacts to the community arising from Project implement the measures throughout the PIUs, Municipalities/ Districts activities, and include these measures in the subproject specific subproject implementation. instruments such as ESIA/ESMPs in accordance with the ESMF and Project Contractors relevant national laws, in a manner acceptable to the Bank. 4.2 COMMUNITY HEALTH AND SAFETY: Prior to issuance of bids for corresponding Prepare, adopt, and implement measures and action to assess and subproject/activities, and thereafter PMU manage specific risks and impacts to the community arising from the implement the measures throughout the Project activities, such as behavior of Project workers, risks of labor subproject implementation. PIUs, Municipalities/Districts influx, spread of COVID-19 and STIs among communities and include these measures in the subproject specific ESIA/ESMPs or other Project Contractors instruments to be prepared in accordance with the ESMF and relevant national laws, in a manner acceptable to the Bank. 4.2 GBV AND SEA/SH RISKS: Prepare, adopt, and implement measures to Finalize and adopt the SEA/SH Action Plan PMU manage risks of sexual exploitation and abuse and sexual harassment prior to Appraisal. Implement SEA/Action (SEA/SH) as part of subproject specific E&S instrument as provisioned in Plan throughout the Project and subproject PIUs, Municipalities/ Districts the ESMF. Finalize and adopt the SEA/SH Action Plan prior to appraisal. implementation. Project Contractors 4.3 EMERGENCY RESPONSE MEASURES: Prepare, adopt, and implement Prior to issuance of bids for corresponding PMU measures to address emergency events, if recommended by subproject/activities, and thereafter subproject specific E&S assessment/ ESIA, as part of subproject implement the measures throughout the Project Contractors specific ESMPs for implementation. subproject implementation. ESS 5: LAND ACQUISITION, RESTRICTIONS ON LAND USE AND INVOLUNTARY RESETTLEMENT 5.1 RESETTLEMENT PLANS: Finalize and disclose the draft RPF before PMU Adopt, and implement the Resettlement Policy Framework (RPF) end of project appraisal. consistent with the requirements of the ESS5. PIUs, Municipalities/ Districts Prepare and Implement Resettlement Action Plans (RAPs) in accordance with the Prepare, disclose, adopt and implement Resettlement Action Plans RPF prior to issuance of bids for the sub- (RAPs), as required in accordance with ESS 5 and consistent with the projects/activities, and thereafter requirements of the RPF in a manner acceptable to the Bank where implement the RAP before commencement required. of works that involve land acquisition and resettlement. ESS 6: BIODIVERSITY CONSERVATION AND SUSTAINABLE MANAGEMENT OF LIVING NATURAL RESOURCES 9 6.1 BIODIVERSITY RISKS AND IMPACTS: During planning and design phase of each PMU As per ESMF requirements, carry out screening of each subproject to subproject, prior to subproject approval identify biodiversity-related risks and impacts, and prepare sub-project and issuance of bids for corresponding PIUs, Municipalities/ Districts specific ESIA/ESMPs, BMP (if required) or other instrument including subprojects/activities, and thereafter measures and actions to assess and manage risks and impacts to implement the measures throughout the Project contractors biodiversity. subproject implementation. Follow the guidance provided in the ESMF for planning, design, and construction of subproject and by preparing subproject specific instrument including ESIA/ESMPs in parallel with the engineering plan and Detailed Project Report (DPR) when the specific locations and activities are finalized. Where significant risks and adverse impacts on biodiversity have been identified, check the eligibility of subproject according to the eligibility criteria (Exclusion List of ESMF). For the eligible subprojects with the potential to have significant adverse impacts on biodiversity, prepare Biodiversity Management Plan (BMP), a standalone or as a part of ESIA/ESMP, in a manner acceptable to the Bank. ESS 7: INDIGENOUS PEOPLES/SUB-SAHARAN AFRICAN HISTORICALLY UNDERSERVED TRADITIONAL LOCAL COMMUNITIES 7.1 MEASURES FOR INDIGENOUS PEOPLES: Finalize and disclose the IPPF before end of PM Prepare, adopt, and implement the Indigenous Peoples Planning project appraisal. Framework (IPPF) consistent with the requirements of the ESS7 in a PIUs, Municipalities/Districts manner acceptable to the Bank. If required, prepare, and disclose the IPPs in accordance with ESS7 prior to issuance Where relevant, prepare and implement Indigenous Peoples Plans (IPPs) of bids for the sub-projects/activities, and for sub-projects consistent with the requirements of the IPPF of the thereafter implement the IPPs throughout Project in a manner acceptable to Bank. the project implementation. ESS 8: CULTURAL HERITAGE 10 8.1 CHANCE FINDS PROCEDURES Before implementation of subprojects and PMU Prepare, adopt, and implement the chance finds procedure described in Implement it throughout subproject the project ESMF. implementation. PIUs, Municipalities/Districts 8.2 CULTURAL HERITAGE MANAGEMENT PLANS: Before implementation a subproject and PMU If required, prepare, and implement Cultural Heritage Management Implement CHMP throughout subproject Plans consistent with the ESMF and requirements of ESS 8. implementation. PIUs, Municipalities/Districts ESS 9: FINANCIAL INTERMEDIARIES Not relevant. No financial intermediary is involved in the Project. ESS 10: STAKEHOLDER ENGAGEMENT AND INFORMATION DISCLOSURE 10.1 STAKEHOLDER ENGAGEMENT PLAN PREPARATION AND Draft SEP has been disclosed for PMU, DWSSM IMPLEMENTATION consultation. A final SEP will be disclosed Prepare, consult, adopt and implement the Stakeholder Engagement prior to appraisal and implemented PIUs, Municipalities/Districts Plan (SEP) consistent with ESS10, which includes measures to, inter alia, throughout the Project implementation. 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, and undertake Beneficiary Satisfaction Survey twice during the Project lifecycle. Revise SEP to address concerns of vulnerable and marginalised groups as the need arises. 10.2 PROJECT GRIEVANCE MECHANISM: Within thirty (30) days after final SEP is PMU Prepare, adopt, maintain, and operate a grievance mechanism, as approved by the Bank and maintained described in the SEP. Ensure that the project GRM accommodates a throughout Project implementation. PIUs, Municipalities/ Districts specific mechanism to address SEA/SH grievances, and Indigenous Peoples grievances. Project Contractors CAPACITY SUPPORT (TRAINING) 11 CS1 In addition to staffing supports provided as per 1.1 above, capacity PMU building events and trainings as suggested in the ESMF including on the Initiate the capacity building trainings following topics will be organized: within six months of project effectiveness • Training and Orientation on the ESMF, SEP, LMP, RPF and IPPF and maintained throughout Project implementation. • Training and Orientation on the World Bank ESF • Training on the writing of TOR for the ESIA, RAP, IPDP, BMP • Training and Orientation on integrating E&S provisions into the contracts and bidding documents • Training on implementation of ESMP and specific management plans (RAP, IPDP, BMP etc.) • Nepal Labor Act, focusing on worker's rights and Occupational Health and Safety and Security Standards • Training on Gender and SEA/SH • Training on stakeholder engagement and project's GRM management. Building on the capacity assessment incorporated in the ESMF, the PMU will carry out a detailed Institutional E&S capacity assessment of Carry out a detailed Institutional E&S implementing partners. The capacity assessment will also cover the E&S Capacity Assessment and update E&S mandates, authorities, and functions as per the new federal capacity Strengthening Plan within one Constitution as well as system, practice, and organizational structure in year of project effectiveness. Implement the three tiers of government. Based on this, the E&S capacity the updated capacity strengthening plan, strengthening plan will be updated, and detailed, and additional training thereafter. will be implemented. 12