GOVERNMENT OF KHYBER PAKHTUNKHWA KHYBER PAKHTUNKHWA RURAL INVESTMENT AND INSTITUTIONAL SUPPORT PROJECT (KPRIISP) ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) DECEMBER-2022 To be executed by PLANNING & DEVELOPMENT DEPARTMENT (GOKP) Khyber Pakhtunkhwa Rural Investment and Institutional Support Project (KPRIISP) ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) TABLE OF CONTENTS Page No. TABLE OF CONTENTS .......................................................................................................................... I LIST OF TABLES ..................................................................................................................................VI LIST OF FIGURES ...............................................................................................................................VII LIST OF ABBREVIATONS ..................................................................................................................VIII EXECUTIVE SUMMARY ........................................................................................................................ 1 1 INTRODUCTION ................................................................................................................... 1-1 1.1 GENERAL ............................................................................................................................. 1-1 1.2 BACKGROUND ..................................................................................................................... 1-1 1.3 PROJECT OVERVIEW ......................................................................................................... 1-3 1.4 THE CURRENT STUDY / ASSESSMENT AND ITS NEED ................................................. 1-4 1.5 ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) ....................... 1-4 1.6 ESMF PREPARATION METHODOLOGY ............................................................................ 1-4 1.7 STRUCTURE OF REPORT .................................................................................................. 1-5 2 PROJECT DESCRIPTION .................................................................................................... 2-1 2.1 GENERAL ............................................................................................................................. 2-1 2.2 BACKGROUND ..................................................................................................................... 2-1 2.3 PROJECT AREA ................................................................................................................... 2-1 2.4 PROJECT NEED AND RATIONALE..................................................................................... 2-1 2.5 PROJECT DEVELOPMENT OBJECTIVE ............................................................................ 2-2 2.6 PROJECT COMPONENTS ................................................................................................... 2-2 2.7 PROJECT BENEFICIARIES ................................................................................................. 2-5 2.8 PROJECT IMPLEMENTATION ARRANGEMENTS ............................................................. 2-5 2.9 PROJECT IMPLEMENTATION SCHEDULE ........................................................................ 2-5 2.10 PROJECT ADMINISTRATIVE JURISDICTION .................................................................... 2-5 3 LEGAL AND ADMINISTRATIVE FRAMEWORK ................................................................ 3-6 3.1 GENERAL ............................................................................................................................. 3-6 3.2 APPLICABILITY OF WORLD BANK ENVIRONMENTAL AND SOCIAL STANDARDS ...... 3-6 3.3 GAP ANALYSIS OF WORLD BANK REQUIREMENTS AND LOCAL LAWS .................... 3-10 3.4 KEY NATIONAL AND PROVINCIAL LAWS, REGULATIONS AND POLICIES ................. 3-18 3.5 APPLICABLE INTERNATIONAL TREATIES SIGNED BY THE GOVERNMENT OF PAKISTAN ........................................................................................................................... 3-18 3.5.1 Environmental Obligations .................................................................................................. 3-18 3.5.2 Social Obligations ................................................................................................................ 3-18 3.5.3 International Labor Organization (ILO) Conventions – Ratified by Pakistan ...................... 3-19 3.6 COMPARISON OF INTERNATIONAL AND LOCAL ENVIRONMENTAL QUALITY STANDARDS ...................................................................................................................... 3-19 3.7 ENVIRONMENTAL AND SOCIAL GUIDELINES ................................................................ 3-19 3.7.1 Environmental Protection Agency’s Environmental and Social Guidelines ........................ 3-19 3.7.2 World Bank Environmental and Social Guidelines .............................................................. 3-20 3.8 INSTITUTIONAL SETUP FOR ENVIRONMENTAL MANAGEMENT ................................. 3-20 i 3.9 LEGAL FRAMEWORK FOR LAND ACQUISITION ............................................................ 3-20 3.9.1 Constitution of the Islamic Republic of Pakistan ................................................................. 3-20 3.9.2 Land Acquisition Act 1894 ................................................................................................... 3-20 3.9.3 The Khyber Pakhtunkhwa Land Acquisition (Amendment) Act 2020 ................................. 3-21 3.9.4 Khyber Pakhtunkhwa Land Acquisition Rules 2020 ............................................................ 3-22 3.9.5 WB ESS5 Land Acquisition, Restrictions on Land Use & Involuntary Resettlement .......... 3-22 3.9.6 Land Acquisition Act 1894, KP Land Acquisition Rules 2020 and World Bank ESS5 ........ 3-23 4 ENVIRONMENT & SOCIAL BASELINE CONDITIONS ....................................................... 4-1 4.1 GENERAL ............................................................................................................................. 4-1 4.2 STUDY AREA........................................................................................................................ 4-1 4.3 PHYSICAL ENVIRONMENT ................................................................................................. 4-1 4.3.1 Geography ............................................................................................................................. 4-1 4.3.2 Topography ........................................................................................................................... 4-3 4.3.3 Natural Hazards ..................................................................................................................... 4-5 4.3.4 Seismicity .............................................................................................................................. 4-5 4.3.5 Climate .................................................................................................................................. 4-6 4.3.6 Soil Morphology ..................................................................................................................... 4-8 4.3.7 Water Resources ................................................................................................................. 4-10 4.3.8 Solid Waste Management and Drainage System ............................................................... 4-11 4.3.9 Land Utilization .................................................................................................................... 4-12 4.3.10 Cultural/Archeological Sites ................................................................................................ 4-12 4.4 ECOLOGICAL ENVIRONMENT ......................................................................................... 4-13 4.4.1 Rangeland Ecosystems ....................................................................................................... 4-13 4.4.2 Flora .................................................................................................................................... 4-13 4.4.3 Fauna .................................................................................................................................. 4-14 4.4.4 Protected Areas ................................................................................................................... 4-15 4.5 SOCIOECONOMIC CONDITIONS ..................................................................................... 4-15 4.5.1 Livelihood Strategies and Patterns...................................................................................... 4-17 4.5.2 Informal Institutions ............................................................................................................. 4-18 4.6 CONFLICTS, RISK, AND VULNERABILITY ....................................................................... 4-18 5 STAKEHOLDER CONSULTATION AND INFORMATION DISCLOSURE ......................... 5-1 5.1 SUMMARY OF PREVIOUS STAKEHOLDER ENGAGEMENT ACTIVITIES ....................... 5-1 5.1.1 Consultation with Civil Society, Peshawar ............................................................................ 5-1 5.1.2 Consultation with Community, Khyber .................................................................................. 5-4 5.1.3 Consultation with VC/NCs, Peshawar ................................................................................... 5-5 5.1.4 Consultations with Other Vulnerable Groups ........................................................................ 5-5 5.1.5 Stakeholder Consultations for Resettlement Framework ...................................................... 5-7 5.2 KEY STAKEHOLDERS ......................................................................................................... 5-7 6 POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS AND THEIR MITIGATION ...... 6-1 6.1 GENERAL ............................................................................................................................. 6-1 6.2 ENVIRONMENTAL AND SOCIAL SCREENING .................................................................. 6-1 6.3 POTENTIAL POSITIVE IMPACTS ........................................................................................ 6-5 6.4 POTENTIAL ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES ..................... 6-6 6.5 ENVIRONMENTAL IMPACTS AND MITIGATION DURING PLANNING AND DESIGN PHASE ............................................................................................................................................... 6-6 6.5.1 Technical Design and Layout Planning ................................................................................. 6-6 6.5.2 Building Safety ....................................................................................................................... 6-8 6.5.3 Fire Fighting System.............................................................................................................. 6-8 6.5.4 Natural Hazards ..................................................................................................................... 6-9 6.5.5 Seismic Hazard ..................................................................................................................... 6-9 6.5.6 Flora .................................................................................................................................... 6-10 6.5.7 Fauna .................................................................................................................................. 6-11 6.6 POTENTIAL ENVIRONMENTAL IMPACTS AND MITIGATION DURING PROJECT CONSTRUCTION / IMPLEMENTATION ............................................................................ 6-12 6.6.1 Soil Erosion and Contamination .......................................................................................... 6-12 ii 6.6.2 Surface and Groundwater Contamination ........................................................................... 6-13 6.6.3 Chance Findings of Important Physical and Cultural Resources ........................................ 6-14 6.6.4 Traffic Issues ....................................................................................................................... 6-14 6.6.5 Ambient Air Quality and Greenhouse Gases ...................................................................... 6-15 6.6.6 Noise/Vibration .................................................................................................................... 6-16 6.6.7 Construction Camps / Camp Sites ...................................................................................... 6-18 6.6.8 Generation of Solid Waste (Construction, Municipal and Hazardous Waste) .................... 6-19 6.6.9 Occupational Health and Safety .......................................................................................... 6-21 6.6.10 Community Health and Safety ............................................................................................. 6-23 6.6.11 Flora .................................................................................................................................... 6-24 6.6.12 Fauna .................................................................................................................................. 6-25 6.7 POTENTIAL ENVIRONMENTAL IMPACTS AND MITIGATION ON OPERATION / COMPLETION ..................................................................................................................... 6-26 6.7.1 Ambient Air Quality and Climate Change Aspect ................................................................ 6-26 6.7.2 Noise and Vibration ............................................................................................................. 6-27 6.7.3 Water Supply Schemes ....................................................................................................... 6-28 6.7.4 Enhanced Use of Pesticides ............................................................................................... 6-28 6.7.5 Reduced Groundwater Recharge ........................................................................................ 6-29 6.7.6 Liquid and Solid Waste ........................................................................................................ 6-30 6.7.7 HSE Considerations ............................................................................................................ 6-30 6.7.8 Flora .................................................................................................................................... 6-31 6.7.9 Fauna .................................................................................................................................. 6-32 6.8 POTENTIAL SOCIAL IMPACTS AND MITIGATION IMPACTS AND MITIGATION DURING PLANNING AND DESIGN PHASE ..................................................................................... 6-32 6.8.1 Lack of Meaningful Community Engagement ..................................................................... 6-32 6.8.2 Issues in Land Acquisition ................................................................................................... 6-33 6.8.3 Improper Targeting of Beneficiaries .................................................................................... 6-33 6.9 POTENTIAL SOCIAL IMPACTS AND MITIGATION DURING PROJECT CONSTRUCTION / IMPLEMENTATION............................................................................................................. 6-34 6.9.1 Digitization of Offices and Capacity Building of Staff .......................................................... 6-34 6.9.2 Labor Management ............................................................................................................. 6-34 6.9.3 Exclusion of Vulnerable Groups from Project Employment ................................................ 6-35 6.9.4 Forced Labor and Child Labor ............................................................................................. 6-35 6.9.5 Chance Findings of Important Physical and Cultural Resources ........................................ 6-35 6.9.6 GBV and SEA/SH ................................................................................................................ 6-36 6.9.7 Security Issues .................................................................................................................... 6-36 6.9.8 Misappropriation of Grant Funds and Project Resources ................................................... 6-37 6.9.9 Institutional Capacity Limitations ......................................................................................... 6-37 6.10 POTENTIAL SOCIAL IMPACTS AND MITIGATION ON OPERATION / COMPLETION ... 6-37 6.10.1 Exclusion of Vulnerable and Disadvantaged Groups .......................................................... 6-37 6.10.2 Citizen Engagement in Institutional Forums ........................................................................ 6-38 7 ESMF IMPLEMENTATION ................................................................................................... 7-1 7.1 GENERAL ............................................................................................................................. 7-1 7.2 KEY STEPS FOR ENVIRONMENTAL AND SOCIAL MANAGEMENT ................................ 7-1 7.3 CAPACITY ASSESSMENT OF IMPLEMENTING AGENCY ................................................ 7-1 7.4 INTEGRATION OF RECOMMENDATIONS IN PROJECT DESIGN .................................... 7-2 7.5 SUBPROJECTS ENVIRONMENTAL AND SOCIAL SCREENING ...................................... 7-3 7.6 INFORMATION DISCLOSURE AND STAKEHOLDER CONSULTATIONS ........................ 7-4 7.7 PREPARATION OF ESMPS AND OTHER SITE-SPECIFIC INSTRUMENTS..................... 7-9 7.8 ENVIRONMENTAL AND SOCIAL REQUIREMENTS IN BIDDING DOCUMENTS ............. 7-9 7.9 PROVINCIAL REGULATORY REQUIREMENTS TO CONDUCT ENVIRONMENTAL ASSESSMENT .................................................................................................................... 7-10 7.10 KEY INSTITUTIONS / PERSONS INVOLVED IN THE IMPLEMENTATION OF ESMF .... 7-10 7.10.1 Project Steering Committee (PSC) ...................................................................................... 7-10 7.10.2 Project Management Unit .................................................................................................... 7-10 7.10.3 Environment and Social Management - PMU ..................................................................... 7-10 7.10.4 Design and Supervision Consultant .................................................................................... 7-11 iii 7.10.5 Construction Contractors ..................................................................................................... 7-12 7.10.6 MEC / Third Party ................................................................................................................ 7-12 7.11 INSTITUTIONAL ARRANGEMENTS .................................................................................. 7-13 7.11.1 Implementation of ESMF during Construction / Implementation Phase ............................. 7-13 7.11.2 Implementation of ESMF During Operation / Completion Phase ........................................ 7-13 7.12 ENVIRONMENT AND SOCIAL MANAGEMENT PLAN ......................................................... 15 7.12.1 Scope and Objectives of ESMP ............................................................................................. 15 7.12.2 Inclusion of Relevant Components of ESMP in Contract Documents ................................... 15 7.12.3 Environmental and Social Mitigation and Monitoring Plan (ESMMP) .................................... 15 7.13 GUIDELINES FOR THE PREPARATION OF SITE SPECIFIC MANAGEMENT PLANS .. 7-27 7.13.1 Tree Plantation / Reforestation Plan ................................................................................... 7-27 7.13.2 Community Health and Safety Plan .................................................................................... 7-28 7.13.3 Occupational Health and Safety Plan.................................................................................. 7-28 7.13.4 Emergency Response Plan ................................................................................................. 7-29 7.13.5 Restoration and Rehabilitation Plan .................................................................................... 7-29 7.13.6 Waste Management Plan .................................................................................................... 7-30 7.13.7 Traffic Management Plan .................................................................................................... 7-30 7.13.8 Chance Find Procedure ...................................................................................................... 7-31 7.14 MONITORING FRAMEWORK ............................................................................................ 7-31 7.14.1 Monitoring Mechanism ........................................................................................................ 7-31 7.15 CAPACITY BUILDING ........................................................................................................ 7-34 7.16 REPORTING AND DOCUMENTATION.............................................................................. 7-35 7.17 DATA RECORDING AND MAINTENANCE ........................................................................ 7-36 7.17.1 Database ............................................................................................................................. 7-36 7.17.2 Photographic Records ......................................................................................................... 7-37 7.17.3 Non-Compliance of the ESMF ............................................................................................. 7-37 7.17.4 Review of Recorded Data ................................................................................................... 7-37 7.18 ESMF IMPLEMENTATION BUDGET ................................................................................. 7-37 8 GRIEVANCE REDRESS MECHANISM ............................................................................... 8-1 8.1 OBJECTIVES AND SCOPE OF THE GRM .......................................................................... 8-1 8.2 REVIEW OF EXISTING GRIEVANCE REDRESS SYSTEMS ............................................. 8-1 8.2.1 Pakistan Citizen’s Portal (PCP) — National Level ................................................................ 8-2 8.2.2 KP Citizen’s Portal ................................................................................................................. 8-2 8.2.3 Khpal Wazir-e-Ala (Rasai 1800 service) ............................................................................... 8-3 8.2.4 Jirgas and Other Traditional Dispute Resolution Mechanisms ............................................. 8-3 8.3 PROPOSED GRM FOR KP-RIISP ........................................................................................ 8-4 8.3.1 Grievance Prevention ............................................................................................................ 8-4 8.3.2 Scope of the GRM ................................................................................................................. 8-4 8.3.3 Implementation of the GRM .................................................................................................. 8-5 8.3.4 GRM Structure....................................................................................................................... 8-6 8.3.5 Complaint Process ................................................................................................................ 8-6 8.3.6 Timeframe ............................................................................................................................. 8-8 9 RESETTLEMENT FRAMEWORK ......................................................................................... 10 9.1 OBJECTIVE OF RESETTLEMENT FRAMEWORK ............................................................... 10 9.2 REQUIREMENTS OF RESETTLEMENT FRAMEWORK...................................................... 10 9.3 ASSESSMENT OF LAND ACQUISITION AND RESETTLEMENT RISKS ........................... 11 9.3.1 Types of Land Acquisition and Resettlement Risks ............................................................... 11 9.3.2 Category 1: Involuntary Resettlement due to Civil Works ...................................................... 12 9.3.3 Mitigation Measures ............................................................................................................... 13 9.3.4 Category 2: Voluntary Land Donation for Village Level Schemes ......................................... 14 9.3.5 Mitigation Measures ............................................................................................................... 15 9.4 VOLUNTARY LAND DONATION (VLD) FRAMEWORK ....................................................... 15 9.4.1 VLD Due Diligence ................................................................................................................. 16 9.4.2 VLD Documentation ............................................................................................................... 17 9.4.3 VLD Monitoring ....................................................................................................................... 17 9.4.4 Grievance Redress Mechanism ............................................................................................. 17 iv 9.4.5 Consultations .......................................................................................................................... 17 9.5 PREPARING RESETTLEMENT PLANS................................................................................ 17 9.6 METHODOLOGY OF SCREENING....................................................................................... 17 9.7 ASSESSMENT OF IMPACTS FROM LAND ACQUISITION AND RESETTLEMENT .......... 18 9.8 COMMUNITY PARTICIPATION AND CONSULTATIONS .................................................... 18 9.9 FIELD SURVEYS ................................................................................................................... 19 9.10 VALUATION OF ASSETS ...................................................................................................... 19 9.11 APPROVAL OF RESETTLEMENT PLAN .............................................................................. 19 9.12 DISCLOSURE OF RESETTLEMENT PLAN .......................................................................... 19 9.13 ADAPTIVE MANAGEMENT OF RESETTLEMENT PLAN .................................................... 19 9.14 ELIGIBILITY AND ENTITLEMENTS ...................................................................................... 20 9.14.1 Eligibility .................................................................................................................................. 20 9.14.2 Cut-off Date ............................................................................................................................ 20 9.14.3 Entitlements ............................................................................................................................ 21 9.15 IMPLEMENTING ARRANGEMENTS ..................................................................................... 21 9.15.1 Project Implementation Unit ................................................................................................... 21 9.15.2 District Agencies ..................................................................................................................... 22 9.15.3 Grievances Redressal Mechanism ......................................................................................... 22 9.15.4 Internal Monitoring .................................................................................................................. 23 9.15.5 External Monitoring................................................................................................................. 23 9.16 BUDGET ................................................................................................................................. 23 v LIST OF TABLES Table 3-1: Applicable ESSs and WB Policies and their Relevance ..................................................... 3-6 Table 3-2: Applicability of World Bank Policies .................................................................................. 3-10 Table 3-3: Gap Analysis between ESSs and the National and Provincial Laws ............................... 3-11 Table 3-7: Land Acquisition Act 1894 and World Bank ESS5 ........................................................... 3-23 Table 3-8: KP Land Acquisition Rules 2020 (Part IV) and World Bank ESS5 ................................... 3-28 Table 4-1: Geography of Project Areas ............................................................................................... 4-2 Table 4-2: Topography of Project Areas .............................................................................................. 4-3 Table 4-3 : Values of Seismic Zones of Pakistan ................................................................................ 4-5 Table 4-4 : Distrcit Wise Seismic Zoning of Project Area .................................................................... 4-6 Table 4-5: Climatic Conditions of Project Areas .................................................................................. 4-7 Table 4-6: Climatic Conditions of Project Areas .................................................................................. 4-9 Table 4-7: Major Rivers in the Project Areas ..................................................................................... 4-11 Table 4-8: Land use Statistics of Project Areas ................................................................................. 4-12 Table 4-9: Flora species of Project Area ............................................................................................ 4-13 Table 4-10: Fauna species of Project Area ........................................................................................ 4-15 Table 4-11: Socioeconomic Indicators ............................................................................................... 4-16 Table 7-1 : KPRIISP Subprojects Environmental Screening and Categorization ................................ 7-6 Table 7-2: Approvals and Permits Required during Project Implementation ....................................... 7-9 Table 7-3: E&S and OHS Requirements in Bidding Documents ......................................................... 7-9 Table 7-4: Environmental Mitigation and Monitoring Plan ................................................................. 7-17 Table 7-5: Environmental Monitoring Framework .............................................................................. 7-32 Table 7-6: Capacity Building and Training Framework ...................................................................... 7-34 Table 7-7: Reporting Requirements ................................................................................................... 7-35 Table 7-8: ESMF Implementation Cost Estimate ............................................................................... 7-38 Table 8-1: Composition of GRCs at Each Tier ..................................................................................... 8-6 Table 9-1: Summary of Land Acquisition and Resettlement Risks ....................................................... 11 vi LIST OF FIGURES Figure 5-1: Process of Stakeholder Engagement ................................................................................ 5-1 Figure 6-1: General Drawing of Septic Tank ...................................................................................... 6-20 Figure 7-1: Institutional Arrangement for Implementation of ESMF................................................... 7-14 Figure 8-1: Steps for the GRM ............................................................................................................. 8-5 vii LIST OF ABBREVIATONS CBD Convention on Biological Diversity CCI Council of Common Interest CITES Convention on International Trade in Endangered Species of Wild Fauna and Flora D&SC Design and Supervision Consultant EHS Environmental, Health and Safety EIA Environmental Impact Assessment ESCP Environmental and Social Commitment Plan ESF Environmental and Social Framework ESMF Environmental and Social Management Framework ESMPs Environmental and Social Management Plans ESSs Environmental and Social Standards FATA Federally Administered Tribal Areas FRs Frontier Regions GBV Gender Based Violence GHGs Greenhouse Gases GoKP Government of Khyber Pakhtunkhwa GoP Government of Pakistan GRM Grievance Redress Mechanism IEE Initial Environmental Examination IPF Investment Project Financing KP Khyber Pakhtunkhwa KPEPA Khyber Pakhtunkhwa Environmental Protection Act KPEPA Khyber Pakhtunkhwa Environmental Protection Agency KPRIISP Khyber Pakhtunkhwa Rural Investment and Institutional Support Project LGE&RD Local Government and Rural Development LMP Labor Management Procedures M&E Monitoring and Evaluation MMDGs Millennium Development Goals NDMA National Disaster Management Act NEE&C National Energy Efficiency and Conservation Bill NEQS National Environmental Quality Standards NGOs Non-Governmental Organizations NMA / NMDs Newly Merged Area / Newly Merged Districts NOCs No Objection Certificates O&M Operation and Maintenance OHS Occupational Health and Safety Plan viii P&DD Planning and Development Department Pak-EPA Pakistan Environmental Protection Agency PFC Provincial Finance Commission PGA Peak Ground Acceleration PMU Project Management Unit PNCS Pakistan National Conservation Strategy PPEs Personal Protective Equipment PSHA Probabilistic Seismic Hazard Assessment RPF Resettlement Policy Framework SEP Stakeholder Engagement Plan PIU Social Mobilization and Community Development SSEMP Site Specific Environmental Management Plan SSHSMP Site Specific Health and Safety Management Plan SWMPs Solid Waste Management Plans TDS Tribal Decade Strategy UNFCCC United Nations Framework Convention on Climate Change VC/NC Village and Neighborhood councils VLD Voluntary Land Donation WB World Bank ix EXECUTIVE SUMMARY INTRODUCTION The provincial Government of Khyber Pakhtunkhwa (GoKP), through Planning and Development Department (P&DD), is planning to undertake Khyber Pakhtunkhwa Rural Investment and Institutional Support Project (KPRIISP)1. The proposed Project is to be implemented in Newly Merged Area (NMA)2 and Frontier Regions (FRs) of Khyber Pakhtunkhwa province. In line with the prevailing legislation in the national/provincial, World Bank Environmental and Social Framework (ESF) and to address potentially negative environmental and social impacts of the Project, the GoKP has conducted an environmental and social assessment of the proposed activities. As an outcome of this assessment, this Environmental and Social Management Framework (ESMF3) has been prepared. BACKGROUND The proposed Project will contribute to reducing poverty in the NMDs through improving key social and economic outcomes for the local population. Project activities focus on strengthening citizen-led investments in basic services and infrastructure that aim to address key underlying drivers of poverty, and to improve relationships between citizen and state service providers for improved quality of service delivery. The proposed Project supports the GoKP’s Tribal Decade Strategy (TDS), with a strategic focus on building responsive and accountable institutions for service delivery and development in the NMDs and FRs. The proposed Project would also strengthen accountable and responsive local government systems for planning and implementation of local investments, including citizen participation and monitoring systems that could benefit the NMDs and FRs. PROJECT AREA The area comprises eight (08) districts (Bajaur, Mohmand, Khyber, Kurram, Orakzai, North Waziristan, and South Waziristan I and II) of NMAs and six (06) adjoining tribal areas, namely Peshawar, Kohat, Bannu, Lakki, Marwat, Tank and Dera Ismail Khan, are known as the Frontier Regions (FR). PROJECT COMPONENTS The proposed Project has the following five (05) components, as briefly described below: • Component A: Multisectoral Investments and Improved Service Delivery to Merged Areas: This component will support investments in multisectoral infrastructure and administrative & service delivery infrastructure. Investments in Multi- sectoral Infrastructure includes investments in development of agriculture & irrigation, water supply, sanitation systems, solid waste management and construction of rural 1 Proposed Project 2 erstwhile FATA 3 Since the exact extent and precise location and other details of individual interventions are yet to be decided, the proposed project adopts a framework approach through this ESMF. The Project Management Unit (PMU) under P&DD will use this ESMF to prepare site specific Environmental and Social Management Plans (ESMPs) to ensure E&S compliance. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 1 roads. The infrastructure will fill critical infrastructure gaps in district development planning focused on agriculture, irrigation, water supply, sanitation and rural roads. The component will also include establishment of state systems and administrative facilities in the merged areas and FRs. • Component B: Institutional Development for Merged Areas: The project will support the implementation of small-scale schemes, at VC/NC level, in line with the Village Development Plan (VDP). Based on the priorities in the VDP, Village Councils in consultation with the communities will select eligible schemes for funding under the project to be funded by a Grant to VCs/NCs. The concept of Grant to VCs/NCs has been introduced for local infrastructure investments by village councils, with eligible schemes. Social Mobilization will strengthen citizen monitoring and social accountability systems and the relationship between citizens and their local government (VC/NC) will be improved. • Component C: Emergency Flood Response: KP, like rest of the country, has experienced major floods damaging infrastructure in the merged areas and the province. The project includes an allocation of Rs. 20,000 million for reconstruction and rehabilitation of public infrastructure damaged in the floods such as roads, bridges, public buildings (schools, basic health units, irrigation infrastructure etc.). This component can also finance prevention and climate resilient infrastructure such as flood protection infrastructure. • Component D: Project Management, M&E and Technical Assistance: This component will support the GoKP to effectively implement the project, and in coordinating all project related activities, monitoring, technical assistance, and training. It will include (D1) establishment of a Project Management Unit (PMU) (headquarters), eight district PIUs to oversee implementation of the project activities and (D2) Monitoring & Evaluation. The component will also include (D3) technical assistance, strategic studies, dashboard, HR consultants and capacity building for project related staff. • Component E: Contingent Emergency Response: Following an adverse natural event that causes a major natural disaster, the Government of Khyber Pakhtunkhwa may request the World Bank to re-allocate project funds to support response and reconstruction. This component could also be used to channel additional funds should they become available as a result of the emergency. PROJECT BENEFICIARIES The proposed Project is expected to directly benefit around 4.5-5.5 million people living in the NMDs and FRs. The proposed Project will also indirectly benefit around 35.5 million people living the province of Khyber Pakhtunkhwa through the establishment of local institutional systems to improve citizen-led development outcomes such as development of digitized and simplified planning, budgeting, reporting, and monitoring tools for local development. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 2 PROJECT IMPLEMENTATION ARRANGEMENTS P&DD (Executing Agency) will establish a Project Management Unit (PMU) for the project, which will be supported through incremental staff. The PMU will have three Project Coordinators (responsible for Operations, M&E and Village Grants respectively) along with Environment and Social Development Specialists and Monitoring and Evaluation experts. Project implementation Units (PIUs) will be established at the district level, headed by District Project Coordinators. The Coordinator in each district will be supported by M&E and data entry officers. LEGAL AND ADMINISTRATIVE FRAMEWORK This ESMF has been prepared to address the requirements detailed in the World Bank Environmental and Social Framework (ESF) addressing environmental and social aspects and considerations. In addition, the ESMF addresses the requirements defined in the national and provincial regulations, most importantly, The Khyber Pakhtunkhwa Environmental Protection Act 2014 empowers the provincial Environmental Protection Agency, among others to administer and implement the provisions of the Act and the rules and regulations made there-under to comply with the environmental policies approved by the Council. In the same context a number of other relevant laws, guidelines and policies along with the Institutional Set- up for regulating Environmental and Social aspects have been discussed in Chapter 3. ENVIRONMENT & SOCIAL BASELINE CONDITIONS Environmental Conditions The eight NMDs lie in a north-to-south strip that is adjacent to the west side of the six frontier regions. The topography of the terrain varies significantly from plains to valleys to mountains ranges with snow clad peaks as high as 7,900 feet. The climate varies from dry-temperate to wet-temperate, with a mild summer and a snow stricken cold winter. The NMDs rank relatively low to compounded exposure risks to climate change when compared with other areas of KP. The project area is located in Seismic Zone 2A (0.08 to 0.16g), 2B (0.16 to 0.24g) and 3 (0.24 to 0.32g) where 3 represents peak horizontal ground acceleration. The groundwater potential in NMDs and FRs largely depends on rainfall and the irrigation systems consist mostly of shallow wells, dug wells (open wells with motorized pumping) and tube wells. The main water source for drinking purposes is groundwater. The second major source in NMDs for drinking purposes is surface water, which caters to about 16% of the population. There is no proper solid waste and drainage system in the Project Area. No notified archaeological sites will be affected due to the proposed Project as construction/rehabilitation activities will be limited in space. Flora and fauna of the Project area is quite diverse, owning to variety of its climatic zones. The interventions under the proposed KPRIISP Page No. Environmental and Social Management Framework (ESMF) 3 Project will be carried out in already transformed/ cultivated area. As such the interventions shall not be carried out in any natural or critical habitats and protected areas. Socioeconomic Conditions According to the multidimensional poverty index compiled by the Government of Pakistan in 2016, multidimensional poverty incidence in KP was 25 percent, while in what are now the NMDs, the average poverty incidence was 33.7 percent.4 According to the GOKP’s Tribal Decade Strategy, however, income poverty in the merged areas, based on a poverty line of $1.25 a day was 52 percent, and nearly 73 percent of the population was impoverished in terms of education, health and living standards.5 Social indicators for the NMDs, particularly for education, are generally below the average for KP. Khyber district, possibly because of its proximity to Peshawar, has indicators which are relatively close to the average for KP on almost all counts. On the other hand, Bajaur, Mohmand and South Waziristan are found to fall far short on educational indicators in particular. Food insecurity is particularly severe in Mohmand and South Waziristan. Sanitation facilities, as represented by toilets in houses, are lacking in most of the NMDs with the exception of Khyber, Kurram and Orakzai. The Tribal Decade Strategy 2020-30, published by the Government of KP, claims that 60 to 80% of men in the NMDs are either unemployed or looking for work.6 Eighty six percent of women in the merged areas reported being housewives and were not engaged in income generating activities. At home, it is mostly women who are also responsible for collection of water form external sources. Given that access to clean drinking water in the home is rare, women end up undertaking unpaid labor and bear the brunt of low access to basic services and amenities. As in other parts of KP, the jirga or informal customary justice system, wherein dispute resolution is carried out by an assembly of elders, is also prevalent in the NMDs. Citizens tend to repose trust in jirgas, and rely on the institution to deliver results.7 However, jirgas do not allow for effective representation of women as complainants, and the question of women participating in the deliberations or being included in the decision-making process does not arise. The same is generally true of religious minorities. STAKEHOLDER CONSULTATION The Stakeholder Engagement Plan (SEP) outlines the ways in which the project team will communicate with stakeholders and includes a mechanism by which people can raise concerns, provide feedback, or make complaints about the project and any activities related to the project. The Government of KP has held a series of stakeholder consultations during project preparation to provide information on the proposed activities of the project, and to get feedback from various stakeholder groups regarding which areas and sectors they think the project should focus on. A particular effort was made to include women and representatives 4 Ministry of Planning and Development/UNDP. 2016. Multidimensional Poverty in Pakistan. 5 GOKP, Planning and Development Department. 2019. Tribal Decade Strategy 2020-2030. May. Page 101. 6 GOKP, Planning and Development Department. 2019. Tribal Decade Strategy 2020-2030. May. Page 105. 7 GOKP/UNDP/UKAID. 2021. Accelerated Implementation Programme: Findings from the Baseline Study. April. See Figure 16. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 4 of vulnerable groups, including people with disabilities, in the discussions. Participants in the sessions expressed views on a variety of issues. They all emphasized the state of underdevelopment of the NMDs, and pointed out that the region is historically underserved. The needs of communities are multifarious, and it is only through community driven development processes, and through consensus on priorities that development work can proceed in the NMDs. Many participants spoke about the unique social dynamics of the NMDs, where tribal rivalries last for generations, and cooperation has to be fostered through a sometimes slow and painstaking process. A participant said that large scale schemes should not be attempted in the initial stages of project implementation as working across areas inhabited by different tribes could be complicated. They also stressed the need to reach out to far-flung communities, and said that local labor and skilled workers should be used to the extent possible so that absenteeism is kept to a minimum and the people of the area also benefit in terms of employment opportunities. One participant said that the project should take a “best fit rather than best practice� approach and implement solutions that are suitable to the unique social situation of the NMDs. POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS AND THEIR MITIGATIONS Positive Impacts: ESMF assessment finds that the project activities are expected to have wide ranging positive impacts on the physical as well as on socio-economic environment of the project area. The proposed Project will contribute in reducing poverty in the NMDs and FRs through improving key social and economic outcomes for the local population. The proposed Project will generate substantial incremental economic benefits from different benefit streams. Subprojects in the water and sanitation sector are expected to improve water reliability and quality, reduce technical leakages, save time accessing water, especially for women, and produce health benefits. The construction of integrated multi-service delivery complexes in the NMAs and FRs will drastically reduce the cost of accessing services for beneficiaries. Investments in community development at district and village levels will help in to address infrastructure gaps in critical public service delivery. Potential Environmental Impacts The environment and social risks of the proposed Project are assessed to be moderate. The components of proposed Project, which may have adverse E&S impacts, are: Sub- Component A1: Multi-Sectoral Infrastructure8, Sub-Component A2: Administrative and service delivery infrastructure9, Sub-Component B2: Conditional and Performance Based Grants for VCs10 , Sub-Component B3: Public Administrative Service Facilities11 8 Agriculture (Gully Plugging Check Dam, Earthen Water Reservoir, Terracing, Water Ponds, Flood Protection Bund, Diversion Structure, Retaining Walls, Delay Action Dam, Micro Watershed Development and other schemes, Irrigation (Tubewells, Solarization of Tubewells, Check Dams & Water Reservoirs, Lining Irrigation Channels, Small Dams, flood Protection and other schemes), Public Health (Drinking Water Supply Schemes (gravity flow watersupply schemes, water pumping stations, development of tube wells ), Sanitation Schemes and other schemes), Rural Roads (Rural Roads and Solid Waste Management Facilities) 9 District Complexes, Sub-Divisional Complexes, Missing Facilities in FRs 10 Footpaths, Paving Works, Lighting, Community Hall/VC Offices and Community Water Supply Points, among others.) 11 TMA offices along with service centers in NMAs and FRs) KPRIISP Page No. Environmental and Social Management Framework (ESMF) 5 and C1. Emergency Flood Rehabilitation and Response in KP12. The ESMF has accordingly assessed the potential impacts for these types of subprojects and suggests the generic mitigation measures. The potential adverse impacts of the proposed schemes are mostly during civil works implementation phase. These are likely to include contamination of soil and water resulting from inappropriate waste disposal into water bodies, dust and smoke, traffic issues from construction machinery/activities, and inappropriate disposal of surplus construction material, generation of solid waste from construction activities. In addition, other likely impacts include increased noise level, restricted access to services and facilities/routes for communities, particularly for women, children and elderly, Occupational and Community health and safety hazards and felling of trees. The impact assessment, revealed that most of these potential impacts are temporary, localized in nature with low to moderate severity, and are largely reversible. Further, with the help of appropriate mitigation and control measures, most of these potential impacts will either be avoided altogether, or their likelihood of occurrence and severity will be reduced, thus making these schemes environmentally responsible and socially acceptable. ESMF has proposed generic mitigation measures that include no soil is left unconsolidated after completion of work, sprinkling of water to reduce dust, proper maintenance of machinery/equipment and their operation during day hours to control noise/vibration, soil and water contamination, ensure compliance with NEQS or international standards/guidelines, whichever is stringent will be followed (as per advise of Environment Specialist), provision of safety signboards, compliance with Traffic Management Plan, use of PPEs (helmets, gloves, dust-masks, boots and earmuffs), disposal of surplus construction material to designated sites. Hazard awareness raising/training of staff involved in implementation on health and safety issues, , avoiding/ minimizing damages to crops and trees, compensatory tree plantation, ensure compliance with site specific health and safety plans and site specific environmental management plans prepared the Contractor based on guidelines provided in this ESMF. Potential Social Impacts If community engagement remains incomplete, there is a danger that schemes included in the village development plans will be ones that only benefit a few households. Proper targeting of beneficiaries needs to be ensured by the Project Management Unit (PMU). Tensions between communities and across tribes can also arise if the benefits of the project are perceived to be unjustly distributed. Occupational Health and Safety (H&S) related impacts may arise during construction phase. Vulnerable groups and historically underserved communities may fail to benefit from employment opportunities due to discrimination and exclusion. This risk can be compounded by elite capture and selection bias in the hiring process. Project activities, particularly in the case of third-party contractors, may involve the use of forced labor, which is defined as any work or service that is obtained from an individual under threat of force or penalty. This includes indentured labor, bonded labor, and trafficked 12 Roads, Bridges, Public Buildings (Schools, Basic Health Units, Irrigation Infrastructure etc.) KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6 persons. There is also a risk that child labor may be used by third-party contractors. These risks are likely to be higher in economically disadvantaged and remote areas of the NMDs. Issues of gender-based violence and general security may also arise. The project proponents are cognizant of all these instances and the ESMF proposes mitigation measures accordingly. There is low to moderate risk of land acquisition for construction of district and tehsil level facilities, and for community infrastructure. The Resettlement Framework in this ESMF provides due processes to be followed to fulfil land requirements, including Voluntary Land Donation (VLD) for community infrastructure. There is a risk of community conflict, disputed scheme ownership, and forced donation if there is improper land selection for community infrastructure or if VLD due diligence processes are not followed, ESMF IMPLEMENTATION As the exact nature, extent and location of the subprojects is not known at this stage, a framework approach has been adopted for the current study. Accordingly, a generic environmental and social assessment has been carried out and this “Environmental and Social Management Framework (ESMF)� is the outcome of this assessment. Similarly, subproject specific resettlement impacts are not known at this stage and hence “Resettlement Policy Framework (RPF)� has been proposed. During the project implementation, when the exact nature, type, size, and location of individual subprojects are known, environmental and social screening will need to be carried out for each subproject to be considered under the KPRIISP which will recommend the type of safeguard instruments that will need to be prepared before civil works commence, for example checklists/ESMPs or RAP. ESMF Subproject Screening Procedure All identified subprojects/schemes will be screened for environmental and social impacts using the environmental and social screening checklist. This ESMF provides simple screening procedure for the type of E&S instrument (Checklists/ESMP and RAP) to be used before implementing a subproject/scheme. The screening criterion is based on the subproject E&S impacts. Institutional Arrangements Provincial Level: The GoKP Planning and Development Department (P&DD) will be responsible for overall project management and coordination. It will do so by establishing a dedicated Project Management Unit (PMU) that will oversee project activities, including implementation of the ESMF. The PMU will be led by the Project Director (PD) and The PMU will have three Project Coordinators (for Operations, M&E and Village Grants respectively). The PMU would also include Environment and Social Development Specialists, and their supporting staff, as well as M&E personnel. Implementation support staff would be recruited under the project to support the PMU. Project Implementation Units (PIUs) will also be established at the district level, with each PIU being headed by a District Project Coordinator. Each Coordinator will be supported by M&E and data entry officers. Third Party Validation (TPV) / Monitoring KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7 In addition to the routine ESMF monitoring as described above, the project will hire an independent firm/consultant to carry out a sample-based Third Party Validation (TPV) on annual basis to review the entire ESMF implementation process and its effectiveness. ESMF Disclosure Requirements Once finalized, the ESMF with Urdu translation of Executive Summary, will be disclosed on the official websites of GoKP and Directorate of Projects Planning & Development Department (DP&DD). Hard copies of these documents will also be maintained at all Sub/field offices. In addition, these documents will be disclosed on WB image bank. ESMF Implementation Budget The tentative cost estimates to implement ESMF is estimated as Rs. 489/- Million. This tentative cost will be included in the overall project cost. This cost will be reviewed and firmed up periodically when the project footprints will be finalized at subproject level to ensure realism. Additional costs could be included in the subproject specific ESMPs that would become part of each bidding/BOQ documents. Grievance Redress Mechanism Project stakeholders can lodge complaints or give feedback on the project through existing grievance redress mechanisms such as the KP Citizen’s Portal and Khpal Wazir e Ala. In addition, the project will have a dedicated GRM housed in the implementing agency to receive and facilitate resolution of concerns and grievances of project affected parties about any aspect of project implementation other than procurement matters and fraud and corruption (for which other mechanisms exist). Given its extensive scope, the GRM will be well publicized and will be clearly advertised on the website of the Department of Planning and Development, along with a project website that will be created once the project is in the inception stage. Details of how the GRM works will also be communicated in the stakeholder engagement meetings. The GRM will function as a multi-tier system with designated staff at the PMU, district, and VC/NC levels. At each level, the Project Director will designate a Grievance Redress Committee (GRC). The system shall be structured such that every effort will be made to dispose of a complaint at the GRC where the complaint is registered. However, if a complaint registered at the VC/NC GRC, or the PIU GRC is not redressed, the complainant will have the option to escalate the complaint to the PMU level, or in the case VC/NC tier, the complainant may wish to take the complaint to the PIU. The PMU GRM will assist GBV survivors by referring them to GBV Services Provider(s) for support immediately after receiving a complaint directly from a survivor. A list of GBV service providers will already be available with the the PMU before project work commences. In general, the timeframe for resolution of complaints shall not exceed 21 days. Resettlement Framework KPRIISP Page No. Environmental and Social Management Framework (ESMF) 8 The ESMF includes a resettlement framework that has been prepared to address issues related to land acquisition, voluntary land donation, restrictions on land use and involuntary resettlement (if any) project. The RF fulfils the requirements of local laws and WB’s ESF ESS5 on Land Acquisition, Restrictions on Land Use and Involuntary Resettlement. Resettlement Plans (RP) will be prepared where it is identified that small scale acquisition of land is required, or there is a risk of removal of informal settlers/occupants from public lands. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 9 1 INTRODUCTION 1.1 GENERAL The provincial Government of Khyber Pakhtunkhwa (GoKP), through Planning and Development Department (P&DD), is planning to undertake the Khyber Pakhtunkhwa Rural Investment and Institutional Support Project (KPRIISP)13. The proposed Project is to be implemented in eight (08) districts of Newly Merged Areas (NMAs)14 of KP province (Bajaur, Mohmand, Khyber, Kurram, Orakzai, North Waziristan, and South Waziristan I and II) and six (06) adjoining tribal areas, namely Peshawar, Kohat, Bannu, Lakki, Marwat, Tank and Dera Ismail Khan, are known as the Frontier Regions (FR)15. In line with the prevailing legislation in the Country and World Bank Environmental and Social Framework (ESF), an environmental and social assessment of the proposed Project has been carried out and the present Environmental and Social Management Framework (ESMF) has been prepared. 1.2 BACKGROUND16 Khyber Pakhtunkhwa (KP), Pakistan’s third-largest province by population, has made significant progress in poverty reduction in recent years, though parts of the province remain vulnerable. Nearly half of the 30.5 million inhabitants of KP, as well as three-fourths of the five million inhabitants of the former Federally Administered Tribal Areas (FATA, henceforth NMA), live in multidimensional poverty. About 85 percent of the population lives in rural areas, where access to public services is not only poorer, but also worsening. Only two-thirds of the rural population has access to improved water sources (as opposed to 94 percent of the urban population) and the share of rural households with access to piped water sources has declined from 40 to 29 percent during 2005-2015 due to deteriorating infrastructure. The global pandemic and challenges from climate change continue to threaten development gains in this region. Due to poor infrastructure and service conditions, KP is the Pakistani province with the highest exposure risk for COVID-19, as well as one of the least equipped to address its socioeconomic impacts. In addition, KP hosts 58 percent of Afghan refugees living in Pakistan. Future climate-induced events or any potential future increase in refugee inflows considering the changing security situation in Afghanistan will put additional strain on local economic opportunities and basic services beyond the immediate COVID-19 crisis. In 2018, the area formerly known as the FATA was merged into the province of KP, presenting the province and the country with an enormous development opportunity. The merger followed Pakistan’s 25th Constitutional Amendment, which provided the legal foundation to formally extend jurisdiction of the Pakistan government over Newly Merged Districts (NMDs17) and offer full citizenship rights to its residents. Historically, FATA was governed through a political, administrative, and judicial system which differed from the system prevailing in the rest of the 13 Proposed Project 14 erstwhile FATA 15 These districts and FRs referred as Project Area in this document 16 KPRIISP PAD May 31, 2022 17 The terms NMAs and NMDs are interchangeable in this document. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 1-1 country, where tribal areas followed tribal customs and practices, as well as tribal forms of dispute resolution (through Jirgas or tribal councils). Made up predominantly of Pushtun tribal groups, FATA had remained outside the jurisdiction of the country’s administration systems for much of Pakistan’s history. In the wake of the US led war in Afghanistan, FATA became a haven for militants fleeing from across the border. Rising militancy resulted in intensified military offensives on the part of the Pakistani military, seeking to dislodge militants. These offensives were especially intense in 2014 and 2017. Today the area is in low grade conflict, with occasional skirmishes and attacks. The NMDs represent some of the poorest areas of Pakistan today. Because of the area’s previous semi-autonomous status, the area remained relatively underserved in the provision of infrastructure and services for much of Pakistan’s history. The NMDs present a rugged and mountainous terrain that contribute to difficulty of access and communication and further challenge service delivery. Infrastructure provision is poor road density in the merged areas is 0.26 km per sq. km compared to a national average of 0.33. Energy provision is a key priority for the local population; load shedding duration in the NMDs ranges from between 16-18 hours daily (or an estimated average shedding of 417 MW) and losses from transmission are estimated at 40 percent. At the time of the merger, the NMD suffered from some of the lowest socio-economic development outcomes in the country. Poor infrastructure provision compounds the low human capital outcomes and limits economic prospects and opportunities. Low provision of critical infrastructure constrains economic activity and leads to human capital deficits. The merger was positioned to take place over a decade, with the extension of institutional and administrative systems, infrastructure development, socio-economic support, improved services and building of citizen-state relationships to fully integrate the former tribal areas into the rest of the province and the country. Recent amendments to the Local Government Act, 2019 create an opportunity to strengthen citizen voice and participation in local development. As a result of the merger, the seven tribal areas were converted into eight districts (including the division of South Waziristan into two districts), 19 sub-districts (Tehsil) and 653 Village and Neighborhood councils (VC/NC). Strengthening grassroots development and supporting citizen participation in determining development needs remains a cornerstone principle of the Tribal Decade Strategy (TDS, 2020-2030). The GoKP has initiated an ambitious development plan for the merged areas that is summarized in a ten-year TDS. The TDS outlines the contours of a ten-year social and economic development plan for the newly merged areas. Supporting the extension of administrative systems and investments in infrastructure for improved service delivery is cited as a foundational development constraint. The TDS points to the extension of administrative and service delivery systems as a critical pre-requisite for improving development outcomes for areas facing some of the highest poverty rates in Pakistan. In this context, the GoKP has requested World Bank financing for a project that is expected to support the first phase of the TDS, with a strategic focus on building responsive and accountable institutions for service delivery and development in the NMDs and FRs. Finally, the proposed Project will contribute directly to eight Sustainable Development Goals. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 1-2 1.3 PROJECT OVERVIEW The proposed Project has the following four (05) components, as briefly described below: • Component A: Multisectoral Investments and Improved Service Delivery in Merged Areas: This component will support investments in multisectoral infrastructure and administrative & service delivery infrastructure. Investments in Multi-sectoral Infrastructure includes investments in development of agriculture & irrigation, water supply, sanitation systems, solid waste management and construction of rural roads. The infrastructure will fill critical infrastructure gaps in district development planning focused on agriculture, irrigation, water supply, sanitation and rural roads. The component will also include establishment of state systems and administrative facilities in the merged areas and FRs. • Component B: Institutional Development for Merged Areas: The project will support the implementation of small-scale schemes, at VC/NC level, in line with the Village Development Plan (VDP). Based on the priorities in the VDP, Village Councils in consultation with the communities will select eligible schemes for funding under the project to be funded by a Grant to VCs/NCs. The concept of Grant to VCs/NCs has been introduced for local infrastructure investments by village councils, with eligible schemes. Social Mobilization will strengthen citizen monitoring and social accountability systems and the relationship between citizens and their local government (VC/NC) will be improved. . • Component C: Emergency Flood Response: KP, like rest of the country, has experienced major floods damaging infrastructure in the merged areas and the province. The project includes an allocation of Rs. 20,000 million for reconstruction and rehabilitation of public infrastructure damaged in the floods such as roads, bridges, public buildings (schools, basic health units, irrigation infrastructure etc.). This component can also finance prevention and climate resilient infrastructure such as flood protection infrastructure. • Component D: Project Management, M&E and Technical Assistance: This component will support the GoKP to effectively implement the project, and in coordinating all project related activities, monitoring, technical assistance, and training. It will include (D1) establishment of a Project Management Unit (PMU) (headquarters), eight district PIUs to oversee implementation of the project activities and (D2) Monitoring & Evaluation. The component will also include (D3) technical assistance, strategic studies, dashboard, HR consultants and capacity building for project related staff. • Component E: Contingent Emergency Response: Following an adverse natural event that causes a major natural disaster, the Government of Khyber Pakhtunkhwa may request the World Bank to re-allocate project funds to support response and reconstruction. This component could also be used to channel additional funds should they become available as the result of an emergency. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 1-3 1.4 THE CURRENT STUDY / ASSESSMENT AND ITS NEED The present assessment (study) has been carried out in response to the requirements defined in the Khyber Pakhtunkhwa Environmental Protection Act, 2014 and World Bank Environmental and Social Framework (ESF). 1.5 ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) The proposed Project consists of a series of subprojects. The ESMF is an instrument that examines the potential risks and impacts of planned activities of a project where the detailed activities of subprojects have not yet been finalized. Since the exact extent and precise location and other details of individual interventions are yet to be decided, the proposed Project adopts a framework approach through this ESMF, and sets out the principles, rules, guidelines, and procedures to assess the environmental and social risks, impacts and determine their significance. It also contains adequate information on the project area, review and assess the national/provincial legal and regulatory requirements and WB ESF relevant to the project activities, measures and plans to mitigate the environmental and social risks, impacts and incorporation in the design to minimize if not eliminate the potentially adverse impacts, methodology for screening of subprojects and to recommend preparation of appropriate instruments, suggesting Grievance Redress Mechanism (GRM) to address complaints, disclosure of Project information, provisions for estimating and budgeting the costs of these measures, and information on the agencies responsible for mitigation, including on their capacity to manage these risks. The PMU of the proposed Project will use this ESMF to prepare site specific Environmental and Social Management Plans (ESMPs) and Resettlement Action Plans (RAPs) to ensure E&S compliance. 1.6 ESMF PREPARATION METHODOLOGY The ESMF has been prepared employing the generally accepted standard methodology and accomplishing different but well integrated tasks. The key tasks include: • Review of Project details and description to understand project activities likely to impact socio-economic environment. • Review of relevant legislations, policies, standards and guidelines to determine the policy, legal and institutional environment for the Project based on World Bank ESF, national and provisional level. • Review of secondary literature to understand project area, sample Safeguards Guard documents to guide this assessment; and different published development reports for taking stock of environmental and socioeconomic baseline conditions. • Scoping, screening and impact assessment while developing interaction between project activities and key environmental aspects to screen out the significance of adverse environmental, biological and social impact. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 1-4 • Identifying potential adverse impacts of high to low risks significance and proposing generic mitigation measures. • Conducting consultation with key stakeholders and potential beneficiary communities. 1.7 STRUCTURE OF REPORT This ESMF has been organized as following: • Executive Summary • Introduction • Project Description; • Legal and Institutional Framework; • Environment & Social Baseline Conditions; • Stakeholder Consultations and Information Disclosure; • Potential Environmental and Social Impacts and Mitigation Measures; • Environmental & Social Mitigation and Monitoring Framework; and • Annexes. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 1-5 2 PROJECT DESCRIPTION 2.1 GENERAL This Chapter describes the background, salient features of the proposed Project18, including development objectives, location / area, components and implementation arrangements. 2.2 BACKGROUND The proposed Project will contribute to reducing poverty in the NMDs and FRs through improving key social and economic outcomes for the local population. Project activities focus on strengthening citizen-led investments in basic services and infrastructure that aim to address key underlying drivers of poverty, and to improve relationships between citizen and state service providers for improved quality of service delivery. The proposed Project supports the GoKP’s Tribal Decade Strategy (TDS), with a strategic focus on building responsive and accountable institutions for service delivery and development in the NMDs and FRs. The proposed Project would also strengthen accountable and responsive local government systems for planning and implementation of local investments, including citizen participation and monitoring systems that could benefit the merged areas. 2.3 PROJECT AREA The area comprises eight (08) districts (Bajaur, Mohmand, Khyber, Kurram, Orakzai, North Waziristan, and South Waziristan (I and II) and six (06) adjoining tribal areas, namely Peshawar, Kohat, Bannu, Lakki, Marwat, Tank and Dera Ismail Khan, are known as the Frontier Regions (FR). 2.4 PROJECT NEED AND RATIONALE The tribal areas remained outside the jurisdiction of provincial administration systems, and a FATA Secretariat (established in 2006) was responsible for planning, implementing and monitoring development activities in the region. Administrative effectiveness in the merged areas is impacted today because of the lack of administrative staff as well as of facilities. The proposed Project aims to directly address the gaps in service provision due to lack of offices, administrative facilities, and staffing that undermine and hinder delivery of services. The NMDs have the highest poverty rates in KP, indicating a structural disadvantage and lack of physical and human capital endowments of households. Because of the area’s previous semi-autonomous status, the area remained relatively underserved in the provision of infrastructure and services for much of Pakistan’s history. The NMD cover an area of 27,200 square kilometers, with a population of around 5 million.19 Lack of adequate water supply and irrigation infrastructure means the NMD rely more on rain fed agricultural production, leading 18 KPRIISP 19 Estimate from Census of 2017 KPRIISP Page No. Environmental and Social Management Framework (ESMF) 2-1 to high levels of food insecurity in these districts. Poor transportation and connectivity are cited as key factors to food insecurity and significant seasonal hunger in the merged areas, with limited opportunities for market exchanges. Around 85.5 percent of the population of the NMD has access to improved water sources20 and 28 percent have access to improved sanitation. Open defecation continues to persist, resulting in the contamination of various drinking water sources with fecal matter.21 2.5 PROJECT DEVELOPMENT OBJECTIVE The strategic objective of the RIISP Project is to build responsive and accountable institutions for service delivery and development in the Newly Merged Areas and FRs. The project is expected to contribute to improve development outcomes in the poorest newly merged areas in the Khyber Pakhtunkhwa province. Remaining within the Tribal Development Strategy (TDS), the project is designed to achieve the following objectives: I. Extending institutions and administrative systems for integrated service delivery in the NMAs and FRs; II. Multi-sectoral development investments for improved human capital and economic development outcomes; III. Emergency flood rehabilitation and response in Khyber Pakhtunkhwa; IV. Strengthen citizen participation in local decision-making and to align government spending with local needs; and V. Improve service delivery for reaping the benefits of merger with Khyber Pakhtunkhwa. 2.6 PROJECT COMPONENTS The proposed Project has five (05) components; the brief description of each component is given below: Component A: Multisectoral Investments and Improved Service Delivery to Merged Areas This component will support investments in multisectoral infrastructure and administrative & service delivery infrastructure. I. Multi-sectoral Infrastructure to fill critical infrastructure gaps in district development planning focused on agriculture, irrigation, water supply, sanitation and rural roads. II. Establishment of state systems and administrative facilities in the merged areas and FRs. 20 In addition, an estimated 80 percent of households do not treat their water for drinking/cooking use, resulting in over 60 percent of households’ drinking water to be contaminated with E.coli (against a Pakistan wide average of 31 percent) (2016 estimates ) 21 Government of Pakistan. National Nutrition Survey 2018: Key Findings Report. Islamabad, Pakistan: Ministry of Health Services, Regulations and Coordination, Nutrition Wing. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 2-2 1. Multi-Sectoral Infrastructure Investments in Multi-sectoral Infrastructure includes investments in development of agriculture & irrigation, water supply, sanitation systems, solid waste management and construction of rural roads. The project will ensure that the needs and priorities of women are systematically included in the prioritized list. This component is expected to complement the Government’s Accelerated Implementation Plan (AIP) financed through Annual Development Plan, as well as other donor financed investments. The improvement of local planning systems and processes will help to identify local needs and priorities in an inclusive, transparent, and accountable manner. Special priority will be given to projects that improve climate resilience. 2. Administrative & Service Delivery Infrastructure This component will focus on supporting the GoKP in the establishment of state systems and administrative facilities in the NMAs and FRs. This component will directly address the gaps in service provision due to lack of offices, administrative facilities, and staffing that hinder delivery of services to the community. This component would finance the costs associated with the establishment of these facilities as integrated service delivery centers at the district level. The project will finance the construction of integrated District and sub-divisional complexes. District Complex will offer an integrated administrative facility with space for line departments to strengthen ease of access to different services. This component also includes furnishing and equipping the complexes. The GoKP would ensure that all relevant HR is recruited and posted in their respective positions as a pre-condition to the construction to ensure these are fully operationalized and functional. The estimated salary cost of these officers and staff is around Rs. 20,000 million over the duration of the project’s implementation and may be considered as a contribution of GoKP to the project. The administrative complexes at district and tehsil level will be designed using a citizen centric and gender informed approach reflecting local customs and traditions. The design of the building will be based on integrated energy efficiency & green designs and integrate climate and disaster risk resilience elements. All complexes and offices will be fully digitized drawing on GoKP’s digital citizen facilitation centers and ensuring that different tiers of government are fully linked to enable citizen access to key services. Component B: Institutional Development for Merged Areas 1. Institutional strengthening and capacity support to VC/NCs The project will support the implementation of small-scale schemes, at VC/NC level, in line with the Village Development Plan (VDP). Based on the priorities in the VDP, Village Councils in consultation with the communities will select eligible schemes for funding under the project to be funded by a Grant to VCs/NCs. The concept of Grant to VCs/NCs has been introduced for local infrastructure investments by village councils, with eligible schemes. Social Mobilization will strengthen citizen monitoring and social accountability systems and the relationship between citizens and their local government (VC/NC) will be improved. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 2-3 The project will hire a consultancy firm consisting of Capacity Building & Social Mobilizers and Engineers to support village council development. Social Mobilization and Engineering support will focus building the capacity of the VC/NC in planning, budgeting, implementation and monitoring of local development schemes. 2. Village Councils Building Capacity The project will utilize a hands-on Capacity Building approach for village councils to undertake basic planning, budgeting, oversight and reporting functions for local development interventions. This training program will provide detailed tasks along with weekly reporting requirements to track progress. The objective of building capacity for VC/NC is to improve the quality of spending for funds received at this lowest level of government, including from the ADP, or other sources. 3. Conditional & Performance Based Grants to VCs/NCs The project will support the implementation of small-scale schemes, at VC/NC level, identified in the Village Development Plan (VDP). The project will support the VC in the preparation of a Village Implementation Plan which will also identify a priority sub-project for funding with the Conditional Grant. The concept of Grant to VCs/NCs has been introduced for local infrastructure investments by village councils, with eligible schemes. Eligible schemes include Footpaths, Paving Works, Lighting, Community Hall/VC Offices and Community Water Supply Points, among others. Component C: Emergency Flood Response The project includes an allocation of Rs. 20,000 million for reconstruction and rehabilitation of public infrastructure damaged in the floods such as roads, bridges, public buildings (schools, basic health units, irrigation infrastructure etc.). This component can also finance prevention and climate resilient infrastructure such as flood protection infrastructure. Component D: Project Management, M&E, and Technical Assistance This component will support the Government of KP to effectively implement the project, and in coordinating all project related activities, monitoring, technical assistance. It will include (D1) establishment of a Project Management Unit (PMU) (headquarters), eight district PIUs to oversee implementation of the project activities and (D2) Monitoring & Evaluation. The component will also include (D3) technical assistance, strategic studies, dashboard, HR consultants and capacity building for project related staff. Component E: Contingent Emergency Response Following an adverse natural event that causes a major natural disaster, the Government of Khyber Pakhtunkhwa may request the World Bank to re-allocate project funds to support response and reconstruction. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 2-4 2.7 PROJECT BENEFICIARIES The proposed Project is expected to directly benefit around 4.5-5.5 million people living in the NMDs and FRs. The proposed Project will also indirectly benefit around 35.5 million people living the province of Khyber Pakhtunkhwa through the establishment of local institutional systems to improve citizen-led development outcomes such as development of digitized and simplified planning, budgeting, reporting, and monitoring tools for local development. 2.8 PROJECT IMPLEMENTATION ARRANGEMENTS a) Provincial Level The Executing Agency for the Project is the Planning and Development Department (P&DD). P&DD will establish a Project Management Unit (PMU) for the project, which will be supported through incremental staff. The PMU will have three Project Coordinators (for Operations, M&E and Village Grants respectively). The PMU would also include Environment and Social Development Specialists, and their supporting staff, as well as M&E personnel. Implementation support staff would be recruited under the project to support the PMU. b) District Level Project implementation Units (PIUs) will also be established at the district level, with each PIU being headed by a District Project Coordinator. Each Coordinator will be supported by M&E and data entry officers. 2.9 PROJECT IMPLEMENTATION SCHEDULE The expected duration of the proposed Project is six (06) years. 2.10 PROJECT ADMINISTRATIVE JURISDICTION The proposed Project falls under the administrative jurisdiction of NMDS (eight districts) and FRs (six regions) of Khyber Pakhtunkhwa province. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 2-5 3 LEGAL AND ADMINISTRATIVE FRAMEWORK 3.1 GENERAL This section deals with the current legal and administrative framework required to prepare the ESMF of the proposed Project. All the relevant World Bank Environmental and Social Standards (ESSs) and guidelines and Environmental and Social Policies, laws, regulations laid out by the Government of Pakistan (GoP), GoKP have been duly discussed and the Project proponent will be required to adhere to these regulations throughout the course of the proposed Project. Further, the environmental and social guidelines from the national agencies as well as international donors and other organizations have been described. 3.2 APPLICABILITY OF WORLD BANK ENVIRONMENTAL AND SOCIAL STANDARDS The World Bank has defined specific ESSs, provided in the Environmental and Social Framework (ESF), which are designed to avoid, minimize, reduce, or mitigate the adverse environmental and social risks and impacts of projects. These standards apply to projects supported through Investment Project Financing (IPF). A summary of the applicable ESSs and WB policies and their relevance to the proposed Project is provided in the Table 3.1 and Table 3.2 respectively below, followed by details and applicability of the relevant standards. Table 3-1: Applicable ESSs and WB Policies and their Relevance Environmental and Social Description Relevance to the Project Standard ESS1 – This standard sets out the Client’s Relevant. the adverse environmental Assessment and responsibilities for assessing, and social risk and impacts 22 are Management of managing, and monitoring anticipated due to proposed construction Environmental environmental and social risks and activities of subprojects23. Most of these and Social Risks impacts associated with each stage of environmental and social impacts are and Impacts a project supported by the Bank temporary, site specific and largely through IPF, in order to achieve reversible in nature and can be mitigated environmental and social outcomes through appropriate mitigation measures consistent with the ESF. provided in this ESMF in line with ESS1. Additional, mitigation measures for environmental and social impacts will be implemented as part of various plans 22 Including but not limited to: soil erosion, air, noise and environmental pollution, solid waste generation, contamination of water resources, disturbance to sensitive ecosystems, natural hazards. Social risks include: lack of meaningful stakeholder engagement, labor influx, land acquisition and involuntary resettlement, OHS issues, social exclusion, forced and child labor, chance findings of physical cultural resources, GBV, SEA, SH, security risks, misappropriation of grant funds, limitations in institutional capacity. 23 The subcomponents under the proposed Project, which may have adverse E&S impacts, are Sub-Component A1: Multi- Sectoral Infrastructure, Sub-Component A2: Administrative and service delivery infrastructure, Sub-Component B2: Conditional and Performance Based Grants for VCs, Sub-Component B3: Public Administrative Service Facilities and C1. Emergency Flood Rehabilitation and Response in KP, these subcomponents collectively referred as “subprojects� in this document. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 3-6 Environmental and Social Description Relevance to the Project Standard prepared by the Contractor based on the guidelines provided in this ESMF24. ESS2 – Labor ESS2 recognizes the importance of Relevant. The proposed Project is and Working employment creation and income expected to involve direct workers, Conditions generation in the pursuit of poverty contracted workers, primary supply reduction and inclusive economic workers and community workers. The growth. Borrowers can promote sound project may create some labor related worker-management relationships and risks and impacts, which include lack of enhance the development benefits of a compliance with relevant laws and project by treating workers fairly and regulations, unsafe working conditions, providing safe working conditions. This OHS risks, and GBV/SEA/SH risks. This standard applies to project workers, ESMF will address the ESS2 including full-time, part-time, implications, including guidelines for the temporary, seasonal, and migrant preparation of occupational health and workers. safety plan, which will further ensure COVID-19 related precautions, GBV/SEA/SH Plan. A standalone Labor Management Procedures (LMP) has been prepared as per the requirements of ESS2. The LMP will be noted in the legal agreement and in the Environmental and Social Commitment Plan (ESCP). ESS3 – Resource ESS3 establishes the requirements for Relevant. The adverse environmental Efficiency and resource efficiency and pollution and social risk and impacts are Pollution management and prevention during anticipated due to proposed construction Prevention and the entire project lifecycle. The activities of subprojects. This ESMF Management objectives of this standard are to provides a detailed Environmental and enhance the sustainable use of Social assessment as per ESS1. resources, including energy, water, and raw materials. It also aims to promote favorable conditions for human health and the environment by minimizing pollution from project activities and minimize project related emissions and avoid or minimize generation of hazardous and non- hazardous waste. ESS4 – This standard recognizes that project Relevant. Planned civil works may cause Community activities, equipment, and temporary disturbances to local Health and Safety infrastructure can increase community communities due to traffic disruption, exposure to adverse risks and impacts. waste, noise, dust, spread of different The objectives of ESS4 are to avoid or transmittable and communicable mitigate these adverse impacts on diseases (HIV/AID, COVID-19, STD), project-affected communities. conflicts with locals, use of child labor and forced labor etc. Road safety risks may also be introduced by the construction activities, as well as GBV/SEA/SH risks. Guidelines for 24 Guidelines for Tree Plantation Plan, Occupational Health and Safety Plan (OHS), Emergency Response Plan, Restoration and Rehabilitation Plan, Waste Management Plan, Traffic Management Plan, Gender Based Violence (GBV), SEA/SH Action Plan etc. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 3-7 Environmental and Social Description Relevance to the Project Standard Community Health and Safety Plan and Traffic Management Plan (TMP) has been prepared as part of the ESMF to manage and mitigate associated risks and impacts. Additional, mitigation measures for environmental and social impacts will be implemented as part of various plans25 prepared by the Contractor based on the guidelines provided in this ESMF. ESS5 – Land ESS5 recognizes that project-related Relevant. The Project is not expected to Acquisition, land acquisition and restrictions on finance any land acquisition costs. At the Restrictions on land use can have adverse impacts on village level, should land be required for Land Use and project-affected communities and small schemes, the project will follow Involuntary individuals. Project related land Voluntary Land Donation (VLD) as a Resettlement acquisition may cause physical method of land acquisition, with the displacement (relocation, loss of processes, procedures and residential land, or loss of shelter), documentation laid out in the economic displacement (loss of land, Resettlement Policy Framework (RPF). assets, or access to assets leading to For the construction of office buildings or loss of livelihoods), or both. It aims to other infrastructure, the project will utilize minimize or altogether avoid existing government land and focus on involuntary resettlement and provides the rehabilitation and upgradation of guidance for responsible and equitable critical infrastructure, or on new land acquisition. construction on existing sites. In instances where negotiation fails, land will need to be acquired involuntarily, but this will be minimal. Therefore, the impact of land acquisition will be minor to moderate and localized. Subproject construction and rehabilitation activities may cause limited economic impacts such as loss of trees and crops, and temporary impacts on livelihood activities. There may also be a risk of economic or physical displacement from forced evictions of illegal occupants on public land. Compensation and/or livelihood restoration, if and as required, will be done in accordance with the site-specific resettlement-planning document (where applicable). ESS6 – This standard recognizes biodiversity Not relevant. This ESS is not relevant as Biodiversity conservation and protection, and direct impacts on the biodiversity and Conservation and sustainable management of living natural resources is not anticipated as Sustainable natural resources. It gives importance construction and rehabilitation activities 25 Guidelines for Tree Plantation Plan, Occupational Health and Safety Plan (OHS), Emergency Response Plan, Restoration and Rehabilitation Plan, Waste Management Plan, Traffic Management Plan, Gender Based Violence (GBV), SEA/SH Action Plan etc. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 3-8 Environmental and Social Description Relevance to the Project Standard Management of to maintaining the core ecological will be carried out in already transformed Living Natural functions of habitats and wildlife and areas. This ESMF ensures that no Resources promotes the sustainable construction activity will be carried out in management of primary production or near the vicinity of any natural habitat and harvesting of living natural s and critical habitats (including resources. The objectives of this protected areas or other sensitive standard are to protect and conserve habitats) and include measures to biodiversity and habitats, and avoid reduce negative impacts on biodiversity adverse impacts on biodiversity and and habitats. habitats as a result of project activities. ESS7 – This standard applies to distinct social Not relevant. Pakistan’s only recognized Indigenous and cultural groups identified in Indigenous Peoples, the Kalash, live in Peoples/Sub- accordance with descriptions provided three valleys in the Chitral district of Saharan African in ESS10. The objectives of the Khyber Pakhtunkhwa, which is not Historically standard are to ensure that the included in the Project Area. Underserved development process adopts full Traditional Local respect for the rights, dignity, Communities aspirations, identity, culture of traditional local communities, and to avoid adverse impacts on Indigenous Peoples while providing them with sustainable development benefits and opportunities in an accessible, culturally appropriate, and inclusive manner. ESS8 – Cultural ESS8 recognizes the importance of Relevant. This standard is deemed Heritage cultural heritage as a valuable source relevant at concept stage because the of scientific and historical information, proposed investments might be located as an economic and social asset for in areas and locations that may development, and as an integral part of negatively affect local cultural properties people’s cultural identity. This standard and/or historical sites. Such possibilities sets out measures to protect cultural are considered remote because of the heritage throughout the lifecycle of the small size of any sub-investments, and project. the relevance of this standard will be assessed during Project preparation. This ESMF has developed a Physical Cultural Management Framework to be followed during project implementation in case of any chance find of physical culture resource. ESS9 – Financial ESS9 recognizes that strong domestic Not relevant. This standard is not Intermediaries capital and financial markets, and relevant, as Financial Intermediaries will access to finance are important for not be used. economic development, growth, and poverty reduction. The objectives of ESS9 are to set out how to assess and manage the environmental and social risks and impacts associated with the project, and to promote good environmental and social management practices in the project’s finances. ESS10 – This standard recognizes the Relevant. This ESMF follows a Stakeholder importance of open and transparent structured approach to stakeholder KPRIISP Page No. Environmental and Social Management Framework (ESMF) 3-9 Environmental and Social Description Relevance to the Project Standard Engagement and engagement between the Client and engagement and public outreach that is Disclosure project stakeholders as an essential based upon meaningful consultation and element of good international practice. disclosure of appropriate information, The objectives of ESS10 are to considering the specific challenges establish a systematic approach to associated with combating COVID-19. stakeholder engagement that will build and maintain constructive A standalone SEP has been prepared. relationships, assess the level of stakeholder interest and support for the project, and to enable stakeholders’ views to be taken into account in project design and E&S performance. It also provides guidance on promoting and providing means for effective and inclusive stakeholder engagement throughout the life of the project. Table 3-2: Applicability of World Bank Policies Sr. WB Safeguard Triggered No. Policies Triggered Explanation Yes No by the Subproject 1. The World Bank This OP is not triggered as no International Waterways OP 7.50 Projects present in the Project Area. on International Waterways [] [√] 3.3 GAP ANALYSIS OF WORLD BANK REQUIREMENTS AND LOCAL LAWS The identified gaps between ESSs and national and provincial laws for E&S management and how these gaps are addressed in the ESMF are provided in Table 3.3 Where gaps exist between national laws vis-a-vis ESF, the most stringent requirements will prevail and will be followed under the proposed subprojects. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 3-10 Table 3-3: Gap Analysis between ESSs and the National and Provincial Laws Relevant Relevant Local Laws Identification of Gaps Gaps Addressed in ESMF ESS ESS-1: Khyber Pakhtunkhwa Environmental The criteria mentioned in the Acts for classifying As the proposed Project is being funded by WB, Assessment and Protection Act, 2014 environmental and social risk is different than in hence, environmental and social risk classifying Management of Khyber Pakhtunkhwa Environmental the ESF. criteria mentioned in ESF is being followed. Environmental Assessment Rules, 2021 Khyber Pakhtunkhwa Environmental Protection and Social Risks Guidelines for the Preparation and Review Act, 2014 and Khyber Pakhtunkhwa As environmental and social assessment will and Impacts of Environmental Reports, 1997 Environmental Assessment Rules, 2021 mainly be/is carried out as per ESS-1 for the proposed Guidelines for Public Consultation, 1997 focus on environmental assessment and Project. Additional, mitigation measures for management through Environmental Impact environmental and social impacts will be Khyber Pakhtunkhwa Occupational Health Assessment (EIA) and Initial Environmental implemented as part of various plans prepared and Safety Act, 2022. Examination (IEE) and General Environmental by the Contractor based on the guidelines Khyber Pakhtunkhwa Labour Policy, 2018. Approval (GEA) whereas social assessment is provided in this ESMF (guidelines for Tree The Khyber Pakhtunkhwa Prohibition of cursory. Plantation / Reforestation Plan, Occupational Employment of Child Act, 2015. The different methods and tools (ESIA, Health and Safety Plan (OHS), Restoration and Khyber Pakhtunkhwa Factories Act, 2013. environmental and social audit, commutative Rehabilitation Plan, Waste Management Plan, Khyber Pakhtunkhwa Bonded Labour impact assessment, ESMP, ESMF, regional and Traffic Management Plan, Gender Based System (Abolition) Act, 2015. sectoral ESIA, SESA etc.) for environmental and Violence (GBV) Action Framework, SEA/SH National Environmental Policy, 2005 social impact assessments, referenced in the Plan etc.) have been prepared as a part of this National Action Plan for COVID-19, 2020 ESF, are not part of the National and Provincial ESMF to mitigate the environmental and social legislation. risks and impacts. In addition, Resettlement The ESF highlight to consider the environmental Policy Framework (RPF), Labor Management and social risks and impacts associated with Procedures (LMP) and Stakeholder primary suppliers while the local relevant laws Engagement Plan (SEP) have been prepared does not. as part of this Project. ESS-2: National and Provincial laws address most of the Labor The major labor laws applicable to province Labor Management Procedures (LMP) have and Working are listed below: requirements of the ESS-2. However, the been developed for the proposed Project to Conditions Khyber Pakhtunkhwa Occupational Health implementation of these laws and the mitigate construction related OHS issues for and Safety Act, 2022. management of certain issues addressed under contractor/community such as: the exposure to Khyber Pakhtunkhwa Protection against ESS-2, such as OHS, GBV/SEA and Violence project-related traffic, machinery and material Harassment of Women at the Workplace Against Children (VAC), prohibition of children in movements, handling of hazardous materials hazardous work and child labor and fair (oil/lubricants), excessive noise/dust etc. and KPRIISP Page No. Environmental and Social Management Framework (ESMF) 3-11 Relevant Relevant Local Laws Identification of Gaps Gaps Addressed in ESMF ESS Act (Amendment), 2020 and KP treatment, non-discrimination and equal will further ensure COVID-19 related Commission on the Status of Women. opportunity, are not done effectively as detailed precautions, adherence of most updated SOPs/ Khyber Pakhtunkhwa Labour Policy, 2018. coverage of certain requirements is partial. guidelines issued by the Government / WHO. The Khyber Pakhtunkhwa Prohibition of Under the proposed Project the Contractor (s) Employment of Child Act, 2015. including sub-contractor (s) will develop site specific OHS Plan based on the guidelines Khyber Pakhtunkhwa Bonded Labour provided in this ESMF. The LMP will be noted in System (Abolition) Act, 2015. the legal agreement and in the Environmental Khyber Pakhtunkhwa Factories Act, 2013. and Social Commitment Plan (ESCP). Khyber Pakhtunkhwa Worker’s The LMP includes an assessment of potential Compensation Act, 2013. labor related risks including those of contractors; Khyber Pakhtunkhwa Payment of Wages an overview of national labor regulations, Act, 2013. policies and procedures; mechanisms to Khyber Pakhtunkhwa Industrial Relation prevent GBV/SEA and harassment; contract Act, 2010. terms and conditions; working age regulations; National Environmental Policy, 2005. mechanism for redressal of labor related National Action Plan for COVID-19, 2020. grievances. All of this has been done in accordance with the provincial and national laws and ESS-2 requirements. ESS-3: Resource National Energy Efficiency and Local laws address most of the requirements of Considering the nature and small scale of the Efficiency and Conservation Act, 2015 the ESS-3, particularly on pollution prevention Project activities, the Project is not expected to Pollution Khyber Pakhtunkhwa Environmental generate significant hazardous waste materials; Prevention Protection Act, 2014 however, limited generation of non-hazardous Khyber Pakhtunkhwa Water Act, 2020 waste could be expected and Greenhouse Gases (GHGs) emissions are not likely to be Pakistan Climate Change Act, 2017 significant. Supply of raw material will be National Climate Change Policy, 2012 KP ensured from approved suppliers to avoid any Climate Change Policy, 2016 conflict, depletion of community resources will National Environmental Policy, 2005 be undertaken under the ESS1 assessment, National Water Policy, 2018 and necessary mitigation measures will be Khyber Pakhtunkhwa Agricultural incorporated in the ESMF. Resource efficiency Pesticides Act, 2013 requirements will be incorporated in the ESMF / KPRIISP Page No. Environmental and Social Management Framework (ESMF) 3-12 Relevant Relevant Local Laws Identification of Gaps Gaps Addressed in ESMF ESS Khyber Pakhtunkhwa Food Safety relevant instruments. This ESMF will also Authority Act 2014 ensure the use of relevant WBG Environmental, Khyber Pakhtunkhwa Farm Services Health and Safety (EHS) Guidelines, 2007. Centers Act 2014 Agriculture Pesticides (Amendment) Act, 1997 Hazardous Substance Rule, 2003 Pakistan Penal Code, 1860. ESS-4: Khyber Pakhtunkhwa Occupational Health Local laws address most of the requirements of Guidelines for Community Health and Safety Community and Safety Act, 2022. the ESS-4. However, detailed coverage has not Plan and Traffic Management Plan (TMP) has Health and Khyber Pakhtunkhwa Epidemic Control been provided in the local laws (national and been prepared as part of the ESMF to manage Safety and Emergency Relief Act, 2020 provincial) in comparison to ESS-4. and mitigate associated risks and impacts such National Action Plan for COVID-19, 2020. as: exposure to project-related traffic, machinery and material movements, handling of Khyber Pakhtunkhwa Local Government hazardous materials (oil/lubricants), excessive (Amendment) Act, 2019 noise/dust etc. Additional, mitigation measures National Water Policy, 2018 for community related impacts will be Khyber Pakhtunkhwa Sensitive and implemented as part of various plans prepared Vulnerable Establishments and Places by the Contractor (s) and sub-contractor (s) (Security) Act, 2015 based on the guidelines provided in this ESMF Private Security Companies Ordinance, (guidelines for Tree Plantation / Reforestation 2002 Plan, Occupational Health and Safety Plan Khyber Pakhtunkhwa Environmental (OHS), Emergency Response Plan, Restoration Protection Act, 2014 and Rehabilitation Plan, Waste Management Plan, Traffic Management Plan, Gender Based Khyber Pakhtunkhwa Factories Act, 2013 Violence (GBV) Action Framework, Security National Disaster Management Act, 2010 Management Plan, Road Safety Management National Environmental Policy, 2005 Plan, Guidelines to Combat COVID-19 etc.) to Hazardous Substances Rules, 2003 mitigate the environmental and social risks. Guidelines for the Preparation and Review of Environmental Reports, 1997 KPRIISP Page No. Environmental and Social Management Framework (ESMF) 3-13 Relevant Relevant Local Laws Identification of Gaps Gaps Addressed in ESMF ESS Sectoral Guidelines for Environmental Report for Major Roads, 1997 Guidelines for Sensitive and Critical Areas, 1997 Pakistan Penal Code, 1860 ESS-5: Land Land Acquisition Act 1894 LAA 1894 The proposed Project will provide grants for Acquisition, KP Land Acquisition Rules 2020 There is no requirement for screening and local infrastructure schemes identified by Restrictions on scoping of project. communities through their elected local Land Use and No specific requirements for meaningful government institutions which may result in Involuntary consultations with affected persons, other small-scale land acquisition and/or cause Resettlement stakeholders and vulnerable groups. livelihood impacts. No specific requirements for participation of Publicly owned land will be used to the extent displaced persons in planning, implementation possible for infrastructure schemes. Involuntary and monitoring of resettlement programs. resettlement or acquisition of private property will be minimized. In instances where publicly Does not require establishment of a GRM. owned land is not available, the VLD approach Silent in lieu of compensations related to and Negotiated Settlement Approach will be restoration and improvement of livelihoods. used. In instances where negotiation fails, land Generally, it covers cash compensation policy will need to be acquired involuntarily. for the acquisition of land and built-up property, and damage to other assets such as crops, trees, and infrastructure. Furthermore, relevance of this ESS will be reassessed during the detailed design stage at Does not provide additional support to the subprojects levels when more information is displaced poor or vulnerable groups and clear available and upon the finalization of Project procedures for negotiated settlement. footprints. Does not include provisions for compensation of displaced persons without titles or recognizable rights to land. Compensation and/or livelihood restoration, if and as required, will be done in accordance with Does not require preparation of Resettlement the site-specific resettlement planning Plans / Framework. document (where applicable). At this stage, RPF has been prepared to address issues related to KPRIISP Page No. Environmental and Social Management Framework (ESMF) 3-14 Relevant Relevant Local Laws Identification of Gaps Gaps Addressed in ESMF ESS Does not require for compensation or land acquisition, voluntary land donation, entitlements to be paid before physical or restrictions on land use and involuntary economic displacement. resettlement (if any). No provision for monitoring of resettlement activities. KP LAR 2020 The gaps are similar to above (LAA 1894). In addition, Identification of land is done by the Qaumi Commission.26 ESS-6: KP Wildlife and Biodiversity (Protection, Local laws address most of the requirements of The standard is not relevant. Project activities Biodiversity Preservation, Conservation and the ESS-6 except the categorization of habitats are not expected to impact the biodiversity as Conservation Management) Act, 2015 (natural, critical and modified). the construction and rehabilitation activities will and Sustainable National Forest Policy, 2015 be carried out in already transformed area. The Management of Khyber Pakhtunkhwa Environmental screening criteria has been developed in the Living Natural Protection Act 2014 ESMF to avoid the selection of subproject sites Resources located in or near the vicinity of any critical and National Sustainable Development natural habitat (including protected areas or Strategy, 2012 other sensitive habitats). As such the National Environmental Policy, 2005 interventions shall not be carried out in any KP Forest Ordinance, 2002 natural habitats and critical habitats. National Conservation Strategy, 1992 Cutting of Trees (Prohibition) Act, 1992 Guidelines for Sensitive and Critical Areas, 1997 Guidelines for Preparation and Review of Environmental Reports, 1997 26 According to the Land Acquisition Rule 20 (2), the responsibilities of the Qaumi Commission include assisting the acquiring agency in the determination of ownership of the land and assessment of prices and compensation, resolving any dispute as to the ownership or share of any person in land, acting on behalf of the owners of land and transferring the land in favour of acquiring department free from any encumbrance. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 3-15 Relevant Relevant Local Laws Identification of Gaps Gaps Addressed in ESMF ESS Pakistan Wildlife Ordinance, 1971 Khyber Pakhtunkhwa Protection of Trees and Brushwood Act, 1949 Forest Act, 1927 National Biodiversity Strategy and Action Plan of Pakistan (NBSAP) 2017 ESS-7 There is no law for indigenous people in NA This ESS is not relevant as no indigenous Indigenous Pakistan. people are found in the Project Area. Pakistan’s Peoples/Sub- only recognized Indigenous Peoples, the Saharan African Kalash, live in 3 valleys in Chitral district of KP Historically province, and Chitral is not included in the Underserved Project districts. Traditional Local Communities ESS-8 Cultural Khyber Pakhtunkhwa Antiquities All aspects of ESS-8 are not covered under This standard is deemed relevant at concept Heritage (Amendment) Act, 2020 provincial law. However, the provincial stage because it is possible the proposed Guidelines for Sensitive and Critical Areas, legislation is silent regarding Development of investments will be located near the areas to 1997 Cultural Heritage Management Plan and local cultural properties and/or historical sites. inclusion of chance finds procedure in the The construction / rehabilitation activities will be contracts. limited in space and time. This ESMF however, has developed “Chance Find Procedure� to be followed during project implementation in case of any chance find physical culture resource. ESS-9 Financial NA NA The proposed Project (KPRIISP) does not Intermediaries involve any activities with financial intermediaries hence ESS-9 is not relevant to this project. ESS-10: Khyber Pakhtunkhwa Environmental Local laws address most of the requirements of The ESMF follows a structured approach to Stakeholder Protection Act, 2014 the ESS-6. However, major identified gaps are stakeholder engagement and public outreach Engagement and Review of IEE and EIA Regulations, 2000; as below: that is based upon meaningful consultation and disclosure of appropriate information, KPRIISP Page No. Environmental and Social Management Framework (ESMF) 3-16 Relevant Relevant Local Laws Identification of Gaps Gaps Addressed in ESMF ESS Information Guidelines for Public Consultation, 1997 considering the specific challenges associated Disclosure Khyber Pakhtunkhwa Right to Information There is no provision for the preparation of with combating COVID-19. Act, 2013 Stakeholder Engagement Plan/Framework. Stakeholder identification and analysis in public The SEP and GRM have been developed as a sector development projects is not done part of this ESMF. effectively, especially the involvement of third party. There is no proper mechanism to record and handling of grievances as provided in EES-10. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 3-17 3.4 KEY NATIONAL AND PROVINCIAL LAWS, REGULATIONS AND POLICIES Pakistan’s statute books contain a number of laws concerned with the regulation and control of the environmental and social aspects. However, the enactment of comprehensive legislation on the environment, in the form of an act of parliament, is a relatively new phenomenon. Most of the existing laws on environmental and social issues have been enforced over an extended period of time, and are context-specific. The summary of major relevant strategies, policies, acts and legislation from environmental and social perspective are provided in Annex-A. 3.5 APPLICABLE INTERNATIONAL TREATIES SIGNED BY THE GOVERNMENT OF PAKISTAN Pakistan is signatory to several multilateral environmental and social agreements. These agreements set requirements and restrictions to varying degrees to the Member States in order to achieve the objectives of these agreements. However, the implementation mechanism for most of these agreements is weak in Pakistan and the institutional set-up is largely non-existent. The proposed Project is obliged to respect the applicable agreements, which are provided in the following sections. 3.5.1 Environmental Obligations • Paris Agreement, 2015. • Stockholm Convention on Persistent Organic Pollutants, 2004. • Convention on Biological Diversity (CBD), 1994. • United Nations Framework Convention on Climate Change (UNFCCC), 1992. • Kyoto Protocol, 1992. • The Rio Declaration, 1992. • Montreal Protocol 1987. • Vienna Convention, 1985. • Convention on Conservation of Migratory Species of Wild Animals, 1979. • UNESCO Convention on the Protection of the World’s Cultural and Natural Heritage, 1972. • Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), 1975. 3.5.2 Social Obligations • Convention for Safeguarding the Intangible Cultural Heritage, 2003. • Convention on the Rights of the Child, 1989. • Convention on the Elimination of all Forms of Discrimination against Women, 1979. • International Covenant on Civil and Political Rights, 1966. • International Covenant on Economic, Social and Cultural Rights, 1956. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 3-18 3.5.3 International Labor Organization (ILO) Conventions – Ratified by Pakistan Pakistan has ratified 08 fundamental and 26 technical ILO conventions of which the following are relevant to the proposed subprojects. • C138 - Minimum Age Convention, 1973 (No. 138). • C111 - Discrimination (Employment and Occupation) Convention, 1958 (No. 111). • C107 - Indigenous and Tribal Populations Convention, 1957 (No. 107). • C029 - Forced Labor Convention, 1930 (No. 29). • C001 - Hours of Work (Industry) Convention, 1919 (No. 1). 3.6 COMPARISON OF INTERNATIONAL AND LOCAL ENVIRONMENTAL QUALITY STANDARDS In order to select the most stringent limits, a mix of local (NEQS) and international (IFC/WHO, USEPA) guidelines and standards have been selected. The Comparison of international and local environmental quality standards is provided in Annex-B. NEQS for ambient air quality, noise and water are more stringent in comparison to USEPA and WHO/IFC standards and guidelines except for few parameters, which has been considered for these proposed subprojects. Based on the comparison, only stringent values from the national and international standards shall be applicable for the proposed subprojects. As far as regulations regarding other environmental parameters are concerned such as acceptable effluent disposal parameters, the local regulations i.e. NEQS are more stringent and would be preferred over any other international regulations. Moreover, in Pakistan, there are no standards for surface water (used for irrigation), therefore, Food and Agriculture Organization (FAO) standards will be followed. 3.7 ENVIRONMENTAL AND SOCIAL GUIDELINES Two sets of guidelines, the Pak-EPA’s guidelines and the World Bank Environmental Guidelines are reviewed here. These guidelines address the environmental as well as social aspects. 3.7.1 Environmental Protection Agency’s Environmental and Social Guidelines Pak-EPA has prepared a set of guidelines for conducting environmental assessments and shall be followed for this proposed Project (where applicable). The guidelines derive from much of the existing work done by international donor agencies and non-governmental organizations (NGOs). The package of regulations, of which the guidelines form a part, includes the PEPA 1997 and the NEQS. These guidelines are listed below. • Guidelines for the Preparation and Review of Environmental Reports, 1997; • Guidelines for Sensitive and Critical areas, 1997; • Guidelines for Public Consultations, 1997; and • Sectoral Guidelines for Environmental Reports, 1997. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 3-19 3.7.2 World Bank Environmental and Social Guidelines The principal World Bank publications that contain environmental and social guidelines, shall be followed for this proposed Project (where applicable) are listed below: • Labor Influx Guidance Note (2016); • Environment, Health, and Safety General Guidelines (2007); • Pollution Prevention and Abatement Handbook: Towards Cleaner Production (1999); • Environmental Assessment Sourcebook, Volume I & II: Policies, Procedures, and Cross-Sectoral Issues (1991); and • Social Analysis Sourcebook (2003). 3.8 INSTITUTIONAL SETUP FOR ENVIRONMENTAL MANAGEMENT The success of environmental assessments as a means of ensuring that development projects are environmentally sound and sustainable depends in large measure on the capability of regulatory institutions for environmental management. The Khyber Pakhtunkhwa Environmental Protection Agency (KPEPA) is primarily responsible for the enforcement of provisions of the KP Environmental Protection Act, 2014. KPEPA has the key jurisdiction in the context of environmental protection over the proposed Project KPEPA will be perform its functions as per its mandate with respect to necessary approvals after review of environmental assessment reports for the proposed Project and subprojects, environmental and social performance monitoring and ensuring compliance. 3.9 LEGAL FRAMEWORK FOR LAND ACQUISITION 3.9.1 Constitution of the Islamic Republic of Pakistan The Article 24 of the Constitution of Pakistan (1973) clearly addresses the protection of property rights by stating that “no person shall be compulsorily deprived of his property save in accordance with law� and “no property shall be compulsorily acquired or taken possession of save for a public purpose, and save by the authority of law which provides for compensation�. However, it neither fixes the amount of compensation nor specifies the principles and manner in which compensation is to be determined and given. Further, Article 4, sub-clause (2) (a) reiterates the legislative right of people; “no action detrimental to the life, liberty, body, reputation or property of any person shall be taken except in accordance with law�. 3.9.2 Land Acquisition Act 1894 The Land Acquisition Act regulates the land acquisition process and enables the federal and provincial governments to acquire private land for public purposes and for companies through the exercise of the right of eminent domain. Land acquisition is a provincial responsibility and each province has its own interpretation of the LAA manifested in implementation regulations and rules. I in the absence of a national resettlement policy, the Land Acquisition Act of 1894 is the de-facto legal instrument governing resettlement and compensation. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 3-20 The LAA establishes the right to acquire land for public purposes and specifies a systematic approach for acquisition and compensation of land and other properties for development projects. It covers notifications, surveys, acquisition, compensation and apportionment awards, along with disputes resolution, penalties and exemptions. Surveys for land acquisition are to be disclosed to the displaced persons. Most notably, only legal owners and tenants registered with the Land Revenue Department or with formal lease agreements are eligible for compensation or livelihood support under the LAA. No laws exist in Pakistan either at federal or at provincial level that consider non-titleholders for compensation, thereby excluding the poor, vulnerable groups, and the severely affected, such as tenants, informal settlers and occupants. The LAA neither provides for rehabilitation of losses in income or livelihood nor for resettlement costs. See salient features of different sections of the LAA in Annex U. The LAA contains provisions for acquisition of land and assets on an emergency basis. If a project of public purpose has to be implemented urgently, the requesting department may ask the revenue department to acquire land, which, as per the LAA, determines the nature of emergency and accordingly applies the law. The LAA and its Implementation rules require that, following an impact identification and valuation exercise, land and crops are compensated in cash at the current market rate to titled landowners. The LAA mandates that land valuation is to be based on the last 3 to 5 years average of registered land sale rates. However, in several recent cases the median rate over the past 1 year, or even the current rates, have been applied with an added 15% Compulsory Acquisition Surcharge in accordance with the law.27 3.9.3 The Khyber Pakhtunkhwa Land Acquisition (Amendment) Act 2020 The Amendment adds Section 11-C to the LAA 1894 for acquisition in Newly Merged Areas to recognize communally and tribally owned land, and to put in place procedures for land acquisition and compensation for the newly merged districts where land settlement has not been done by the government and therefore land records are not available. The Amendment states that “notwithstanding anything contained in this Act or any other law for the time being in force, in the Merged Districts as defined in paragraph © of Article 246 of the Constitution of the Islamic Republic of Pakistan, where no record of rights exists, the land acquisition and subsequent determination of price shall be made, on the bases of prevailing local customs, traditions and usages regarding determination of ownership of land its sale or purchase, including but not limited to qaumi commission of elders of the locality, nikat or private negotiation where the ownership is undisputed, in the manner as may be prescribed.� The Amendment and subsequent Khyber Pakhtunkhwa Land Acquisition Rules (2020) are in use for land acquisition by the government in the Newly Merged Districts, as confirmed by the KP Board of Revenue and Peshawar Commissioner’s Office (responsible for revenue in Mohmand and Khyber). 27 Resettlement Policy Framework, Khyber Pakhtunkhwa Irrigated Agriculture Improvement Project (KPIAIP), Government of Khyber Pakhtunkhwa KPRIISP Page No. Environmental and Social Management Framework (ESMF) 3-21 3.9.4 Khyber Pakhtunkhwa Land Acquisition Rules 2020 The KP Land Acquisition Rules 2020 based on the LAA 1894 govern land acquisition in KP province covering compulsory acquisition by the government, acquisition through private negotiations and acquisition by companies. Part IV of the Rules cover land acquisition in Merged Areas subject to identification of land by the Collector and availability of sufficient funds for acquisition by the Acquiring Department. The salient features of the rules regarding land acquisition in Merged Areas are provided in Annex V: 3.9.5 World Bank ESS5 Land Acquisition, Restrictions on Land Use and Involuntary Resettlement World Bank’s ESS5 recognizes that project-related land acquisition and restrictions on land use can have adverse impacts on communities and persons. Project-related land acquisition or restrictions on land use may cause physical displacement (relocation, loss of residential land or loss of shelter), economic displacement (loss of land, assets or access to assets, leading to loss of income sources or other means of livelihood), or both. The term “involuntary resettlement� refers to these impacts. Resettlement is considered involuntary when affected persons (APs) or communities do not have the right to refuse land acquisition or restrictions on land use that result in displacement. For these reasons, involuntary resettlement should be avoided. Where involuntary resettlement is unavoidable, it will be minimized and appropriate measures to mitigate adverse impacts on displaced persons (and on host communities receiving displaced persons) will be carefully planned and implemented. The objectives of ESS5 are: • To avoid involuntary resettlement or, when unavoidable, minimize involuntary resettlement by exploring project design alternatives • To avoid forced eviction • To mitigate unavoidable adverse social and economic impacts from land acquisition or restrictions on land use by: (a) providing timely compensation for loss of assets at replacement cost and (b) assisting displaced persons in their efforts to improve, or at least restore, their livelihoods and living standards, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher • To improve living conditions of poor or vulnerable persons who are physically displaced, through provision of adequate housing, access to services and facilities, and security of tenure. • To conceive and execute resettlement activities as sustainable development programs, providing sufficient investment resources to enable dis- placed persons to benefit directly from the project, as the nature of the project may warrant. • To ensure that resettlement activities are planned and implemented with appropriate dis- closure of information, meaningful consultation, and the informed participation of those affected. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 3-22 3.9.6 Land Acquisition Act 1894, KP Land Acquisition Rules 2020 and World Bank ESS5 The Land Acquisition Act 1894 and the World Bank ESS5 principles are compared in Table 3-7. Additional provisions for land acquisition in the NMDs as per the KP Land Acquisition Rules 2020 and World Bank ESS5 principles are compared in Table 3-8. Table 3-4: Land Acquisition Act 1894 and World Bank ESS5 Topic Land Acquisition World Bank ESS5 Identified Gaps Act, 1894 Screening and • No equivalent • Screen the project early • LAA 1894 does not Scoping requirement. on to identify past, require screening of the present, and future project early on to identify involuntary resettlement future involuntary impacts and risks. resettlement impacts and • Determine the scope of determine the scope of resettlement planning these impacts. through a survey and/or • This RF provides census of displaced procedures for screening persons, including an and scoping as per analysis of poor and requirements of ESS5 in vulnerable groups, Section 3 specifically related to resettlement impacts and risks. Consultations, • No specific • Carry out meaningful • LAA 1894 not have Communication, requirement. consultations with specific requirements for • The decisions affected persons, host meaningful consultations Vulnerable communities, and with affected persons, regarding land Groups, acquisition and the concerned other stakeholders and Grievance rate/amount of nongovernment vulnerable groups. Redress compensation to be organizations. • LAA 1894 does not have paid are published • Inform all displaced specific requirements for Mechanism, in the official persons of their participation of displaced High impacts Gazette which is entitlements and persons in planning, and Risks notified in resettlement options. implementation and accessible places Ensure their participation monitoring of resettlement so that the people in planning, programs. affected are implementation, and • LAA 1894 does not informed. monitoring and evaluation require establishment of a • The rate/amount of of resettlement programs. GRM compensation is • Pay particular attention to • This RF provides established under the needs of vulnerable procedures for LAA through the groups, especially those consultations, information formal land below the poverty line, the disclosure and GRM with acquisition process landless, the elderly, particular attention to the or through appeals women and children, and needs of vulnerable to the court. Indigenous Peoples, and groups in Section 4 • Land Acquisition those without legal title to Collector (LAC) is land, and ensure their the pre-land award participation in authority to make consultations. decision on • Establish a grievance objections. redress mechanism to receive and facilitate KPRIISP Page No. Environmental and Social Management Framework (ESMF) 3-23 Topic Land Acquisition World Bank ESS5 Identified Gaps Act, 1894 resolution of the affected persons‟ concerns. Support the social and cultural institutions of displaced persons and their host population. • Where involuntary resettlement impacts and risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase. Improvement or • No equivalent • Improve, or at least • LAA 1894 does not Restoration of requirement. restore, the livelihoods of provide for all displaced persons compensations related to Livelihoods through: restoration and • (i) For persons whose improvement of livelihoods are land- livelihoods. based, replacement land • This RF provides that has a combination of provisions for productive potential, improvement or locational advantages, restoration of livelihoods and other factors at least of affected persons in equivalent to that being Section 5 lost will be offered where feasible; • (ii) For persons whose livelihoods are natural resource-based and where project-related restrictions on access apply, measures will be implemented to either allow continued access to affected resources or to provide access to alternative resources with equivalent livelihood- earning potential and accessibility. Where common property resources are affected, benefits and compensation associated with restrictions on natural resource usage may be collective in nature; and • (iii) If it is demonstrated that replacement land or resources are unavailable, the Borrower will offer economically displaced persons options KPRIISP Page No. Environmental and Social Management Framework (ESMF) 3-24 Topic Land Acquisition World Bank ESS5 Identified Gaps Act, 1894 for alternative income earning opportunities, such as credit facilities, skills training, business start-up assistance, employment opportunities, or cash assistance additional to compensation Physical and • No equivalent • Provide physically and • Economical requirement economically displaced persons with needed Assistance to assistance, including the Displaced following: (i) if there is Persons relocation, secured tenure to relocation and, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required. Standards of • No additional • Improve the standards of • LAA 1894 does not Living of the support to living of the displaced require providing vulnerable poor and other additional support to the Displaced households vulnerable groups, displaced poor or Vulnerable including women, to at vulnerable groups Groups least national minimum • This RF provides standards. provisions for additional • In rural areas provide support of vulnerable them with legal and groups in Section 5 affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 3-25 Topic Land Acquisition World Bank ESS5 Identified Gaps Act, 1894 Transparency, • Equivalent • Develop procedures in a • LAA 1894 does not Consistency negotiation transparent, consistent, provide clear procedures responds to and equitable manner if for negotiated settlement and Equitable displaced persons’ land acquisition is • Procedure to be followed Land Evaluation requested price, but through negotiated in the case of negotiation no clear procedure settlement to ensure that settlement provided in is given. those people who enter this RF, Section 5. into negotiated settlements will maintain the same or better income and livelihood status. Rights of • Land compensation • Ensure that displaced • LAA 1894 does not Displaces is only for titled persons without titles to include provisions for landowners or land or any recognizable compensation of Persons without holders of legal rights to land are displaced persons Formal Titles to customary rights. eligible for resettlement without titles or Land assistance and recognizable rights to compensation for loss of land. non-land assets. • This RF focuses on rights of informal settlers/occupants and provides details of compensation in Section 5. Establishment • No resettlement • Prepare a resettlement • LAA 1894 does not of Resettlement plan is required. plan elaborating on require preparation of displaced persons‟ Resettlement Plans Plan entitlements, the income • Details and requirements and livelihood restoration for preparing strategy, institutional Resettlement Plans are arrangements, provided in Section 4 of monitoring and reporting this RF. framework, budget, and time bound implementation schedule. Disclosure of • No resettlement • Disclose a draft • LAA 1894 does not Resettlement plan is required. resettlement plan, require preparation of including documentation Resettlement Plans Plan of the consultation • Details and requirements process in a timely for disclosure of manner, before Project Resettlement Plans are appraisal, in an provided in Section 4 of accessible place and a this RF. form and language/s understandable to affected persons and other stakeholders. • Disclose the final resettlement plan and its updates to affected persons and other stakeholders. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 3-26 Topic Land Acquisition World Bank ESS5 Identified Gaps Act, 1894 Conception and • No equivalent • Conceive and execute • LAA 1894 does not Implementation requirement. involuntary resettlement require preparation of as part of a development Resettlement Plans of Resettlement project or program. • Details and requirements Plan Include the full costs of for implementation of resettlement in the Resettlement Plans are presentation of project’s provided in Section 4 of costs and benefits. this RF. • For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand- alone operation. • Implement the resettlement plan under close supervision throughout project implementation. Compensation • No equivalent • Pay compensation and • LAA 1894 does not and Other requirement. provide other require for compensation resettlement or entitlements to be paid Entitlements. entitlements before before physical or physical or economic economic displacement. displacement. • Requirements for payment of compensations and entitlements before displacement are provided in Section 5 of this RF Monitoring of • Monitoring reports • Monitor and assess • LAA 1894 does not Resettlement not resettlement outcomes, require monitoring of required their impacts on the resettlement activities Plan standards of living of • Details and requirements Implementation displaced persons, and for monitoring of whether the objectives of resettlement activities the resettlement plan are provided in Section 6 have been achieved by of this RF. taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 3-27 Table 3-5: KP Land Acquisition Rules 2020 (Part IV) and World Bank ESS5 Topic KP Land World Bank ESS5 Identified Gaps Acquisition Rules Screening and • No equivalent • Screen the project early • KP LAR 2020 do not Scoping requirement. on to identify past, require screening of the present, and future project early on to identify involuntary resettlement future involuntary impacts and risks. resettlement impacts and • Determine the scope of determine the scope of resettlement planning these impacts. through a survey and/or Identification of land is by census of displaced the Qaumi Commission persons, including an • This RF provides analysis of poor and procedures for screening vulnerable groups, and scoping as per specifically related to requirements of ESS5 resettlement impacts and risks. Consultations, • No specific • Carry out meaningful • KP LAR 2020 do not have Communication, requirement. consultations with specific requirements for • The decisions affected persons, host meaningful consultations Vulnerable communities, and with affected persons, regarding land Groups, acquisition and the concerned other stakeholders and Grievance rate/amount of nongovernment vulnerable groups. Redress compensation to be organizations. • KP LAR 2020 do not have paid are determined • Inform all displaced specific requirements for Mechanism, by the Qaumi persons of their participation of displaced High impacts Commission and entitlements and persons in planning, and Risks published in the resettlement options. implementation and official Gazette Ensure their participation monitoring of resettlement which is notified in in planning, programs. accessible places implementation, and • KP LAR 2020 do not so that the people monitoring and evaluation require establishment of a affected are of resettlement programs. GRM informed. • Pay particular attention to • This RF provides • The rate/amount of the needs of vulnerable procedures for compensation is groups, especially those consultations, information established under below the poverty line, the disclosure and GRM with KP LAR through the landless, the elderly, particular attention to the formal land women and children, and needs of vulnerable acquisition process Indigenous Peoples, and groups or through appeals those without legal title to to the court. land, and ensure their • District Collector is participation in the pre-land award consultations. authority to make • Establish a grievance decision on redress mechanism to objections. receive and facilitate resolution of the affected persons‟ concerns. Support the social and cultural institutions of displaced persons and their host population. • Where involuntary resettlement impacts and KPRIISP Page No. Environmental and Social Management Framework (ESMF) 3-28 Topic KP Land World Bank ESS5 Identified Gaps Acquisition Rules risks are highly complex and sensitive, compensation and resettlement decisions should be preceded by a social preparation phase. Improvement or • No equivalent • Improve, or at least • KP LAR 2020 do not Restoration of requirement. restore, the livelihoods of provide for all displaced persons compensations related to Livelihoods through: restoration and • (i) For persons whose improvement of livelihoods are land- livelihoods. based, replacement land • This RF provides that has a combination of provisions for productive potential, improvement or locational advantages, restoration of livelihoods and other factors at least of affected persons equivalent to that being lost will be offered where feasible; • (ii) For persons whose livelihoods are natural resource-based and where project-related restrictions on access apply, measures will be implemented to either allow continued access to affected resources or to provide access to alternative resources with equivalent livelihood- earning potential and accessibility. Where common property resources are affected, benefits and compensation associated with restrictions on natural resource usage may be collective in nature; and • (iii) If it is demonstrated that replacement land or resources are unavailable, the Borrower will offer economically displaced persons options for alternative income earning opportunities, such as credit facilities, skills training, business start-up assistance, employment opportunities, or cash KPRIISP Page No. Environmental and Social Management Framework (ESMF) 3-29 Topic KP Land World Bank ESS5 Identified Gaps Acquisition Rules assistance additional to compensation Physical and • No equivalent • Provide physically and • KP LAR 2020 do not Economical requirement economically displaced provide for assistance persons with needed related to physical and Assistance to assistance, including the economic relocation Displaced following: (i) if there is • This RF provides Persons relocation, secured provisions for assistance tenure to relocation and, better housing at resettlement sites with comparable access to employment and production opportunities, integration of resettled persons economically and socially into their host communities, and extension of project benefits to host communities; (ii) transitional support and development assistance, such as land development, credit facilities, training, or employment opportunities; and (iii) civic infrastructure and community services, as required. Standards of • No additional • Improve the standards of • KP LAR 2020 do not Living of the support to living of the displaced require providing vulnerable poor and other additional support to the Displaced households vulnerable groups, displaced poor or Vulnerable including women, to at vulnerable groups Groups least national minimum • This RF provides standards. provisions for additional • In rural areas provide support of vulnerable them with legal and groups affordable access to land and resources, and in urban areas provide them with appropriate income sources and legal and affordable access to adequate housing. Rights of • Land compensation • Ensure that displaced • KP LAR 2020 do not Displaces is only for titled persons without titles to include provisions for landowners or land or any recognizable compensation of Persons without holders of legal rights to land are displaced persons Formal Titles to customary rights. eligible for resettlement without titles or Land assistance and recognizable rights to land. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 3-30 Topic KP Land World Bank ESS5 Identified Gaps Acquisition Rules compensation for loss of • This RF focuses on rights non-land assets. of informal settlers/occupants and provides Establishment • No resettlement • Prepare a resettlement • KP LAR 2020 do not of Resettlement plan is required. plan elaborating on require preparation of displaced persons‟ Resettlement Plans Plan entitlements, the income • Details and requirements and livelihood restoration for preparing strategy, institutional Resettlement Plans are arrangements, provided in this RF. monitoring and reporting framework, budget, and time bound implementation schedule. Disclosure of • No resettlement • Disclose a draft • KP LAR 2020 not require Resettlement plan is required. resettlement plan, preparation of including documentation Resettlement Plans Plan of the consultation • Details and requirements process in a timely for disclosure of manner, before Project Resettlement Plans are appraisal, in an provided in this RF. accessible place and a form and language/s understandable to affected persons and other stakeholders. • Disclose the final resettlement plan and its updates to affected persons and other stakeholders. Conception and • No equivalent • Conceive and execute • KP LAR 2020 do not Implementation requirement. involuntary resettlement require preparation of as part of a development Resettlement Plans of Resettlement project or program. • Details and requirements Plan Include the full costs of for implementation of resettlement in the Resettlement Plans are presentation of project’s provided in this RF. costs and benefits. • For a project with significant involuntary resettlement impacts, consider implementing the involuntary resettlement component of the project as a stand- alone operation. • Implement the resettlement plan under close supervision throughout project implementation. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 3-31 Topic KP Land World Bank ESS5 Identified Gaps Acquisition Rules Compensation • No equivalent • Pay compensation and • KP LAR 2020 do not and Other requirement. provide other require for compensation resettlement or entitlements to be paid Entitlements. entitlements before before physical or physical or economic economic displacement. displacement. • Requirements for payment of compensations and entitlements before displacement are provided in this RF Monitoring of • Monitoring reports • Monitor and assess • KP LAR 2020 do not Resettlement not resettlement outcomes, require monitoring of required their impacts on the resettlement activities Plan standards of living of • Details and requirements Implementation displaced persons, and for monitoring of whether the objectives of resettlement activities the resettlement plan are provided this RF. have been achieved by taking into account the baseline conditions and the results of resettlement monitoring. Disclose monitoring reports. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 3-32 4 ENVIRONMENT & SOCIAL BASELINE CONDITIONS 4.1 GENERAL An environmental baseline study is intended to establish a database against which potential project impacts can be predicted and managed later. This chapter provides the description of the baseline conditions of the proposed Project within the study area. Considering the potential impacts of the proposed Project, existing baseline environmental conditions of the proposed Project has to be used as a benchmark for comparison of the physical, ecological and socio- economic conditions before and after construction phases of the proposed Project. 4.2 STUDY AREA The Study Area is the area within which the potentially significant adverse environmental and social impacts of the proposed intervention are envisaged. Study Area includes the actual proposed Project boundary or the area which is considered to be acquired for the Project, as well as the area in the surroundings in which potential adverse impacts may be foreseen due to the implementation of the proposed Project. The proposed Project is comprising subprojects with linear and non-linear nature. At detailed design stage when the Project footprints will be finalized, the Study Area will be demarcated as buffer from the actual subproject boundary for impact assessment, as per advice of environmental specialist after field reconnaissance. The data presented in the following sections has been collected from the secondary sources such as published sources/reports, District Census Report (DCR) and relevant departments. 4.3 PHYSICAL ENVIRONMENT The physical environmental baseline study describes the physical conditions and characteristics within the Project Area. This includes topography, geology, land use, climate, surface water and groundwater quality etc. Physical features of proposed Project Area are given in the following sections. 4.3.1 Geography The eight (08) NMDs lie in a north-to-south strip that is adjacent to the west side of the six (06) FRs. The geographical arrangement of the NMDs and FRs are provided in Table 4.1. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 4-1 Table 4-1: Geography of Project Areas Name of Sr. District / Geography No. Region Newly Merged Districts (NMDs)28 1. Bajaur The total area of Bajaur is 1,290 km². Bajaur Agency adjoins Malakand Agency on the south-east, Dir district on the north-west, Mohmand Agency on the south- west and Afghanistan on the north-west. 2. Khyber Khyber is located in the north west of Pakistan and is bounded by Afghanistan in west, Peshawar in the east, Orakzai in south, Kurram in south west and by Mohmand Agency in the north. Total area of Khyber agency is 2,576 km². The main entry point to the Khyber-MD is through Peshawar via Torkham road. 3. Kurram It is located in the northwest of Pakistan and more specifically in central region of merged districts. It is bordered with Afghanistan in the north and west, Kohat in the southeast, North Waziristan in the south and Khyber and Orakzai merged districts in the east. The total area of the district is 1538 km². 4. Mohmand Mohmand Agency is bounded by Bajaur on the north, Malakand division and Charsadda on the east, Peshawar district on the south-east, Khyber Agency on the south and it borders with Afghanistan in the west. The total area of the Agency is 2,296 km². 5. Orakzai Orakzai Agency is bounded in the north by Khyber Agency, in the east by FR Kohat, in the south by Kohat and Hangu districts, and in the west by Kurram Agency. The total area of the Agency is 3380 km². 6. North It is bounded on the north by Afghanistan, Kurram Agency and Hangu district, on Waziristan the east by tribal areas adjoining Bannu and Karak districts, on the south by South Waziristan Agency and on the west also by Afghanistan. It has an area of 4,707 km². 7. South South Waziristan is a mountainous region of northwest Pakistan that covers some Waziristan 6,620 km². It comprises the area west and southwest of Peshawar between the I and II Tochi River to the north and the Gomal River to the south. Frontier Regions (FRs) 8. Bannu Bannu borders North Waziristan to the northwest, Karak to the northeast, Lakki Marwat to the southeast, and South Waziristan to the southwest. The total area of the region is 1,227 km². 9. Dera It is bounded on the east by the Bhakkar and Dera Ghazi Khan and on the Ismail southwest by a thin strip of South Waziristan. The total area of the region is 7,326 Khan 29 km². 10. Kohat District Kohat located in south-central Khyber Pakhtunkhwa province of Pakistan. The town lies just north of the Kohat Toi River and river Indus forms the eastern boundary, which separates it from district Attock of Punjab province. The total area of the district is 2,545 km². 11. Lakki It is bounded on the north by Bannu and Karak districts, on the east by Mianwali Marwat district of Punjab province, on the south east by D.I.Khan, on the south west by Tank district and on the west by South Waziristan. The total area of the region is 3,164 km². 12. Peshawar Peshawar is the capital of Khyber Pakhtunkhwa (KP) province and is located at the north-west end of Pakistan, about 160 km west of federal capital Islamabad. 28 Technical Studies of Water Resources in FATA, IUCN, 2019. FATA Water Governance Project, FATA Environment Cell. 29 Initial Environmental Examination, Construction of new 220 kV D.I.Khan-Zhob Transmission Line with Zhob Sub-station, ADB, July 2017. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 4-2 Name of Sr. District / Geography No. Region Peshawar is bounded by tribal agencies on its three borders. It is situated near the eastern end of the Khyber Pass. The total area of the region is 1,257 km². 13. Tank It is bounded on the north, south and west by South Waziristan agency and on the north-east by Lakki Marwat district and on the south-east by Tank district. The total area of the region is 1,679 km². 4.3.2 Topography The terrain of KP consists of mountain ranges, undulating sub-mountain areas, and plains surrounded by hills. In the north, the mountain ranges generally run north-south; south of the Kabul River, which bisects the province from east to west, the ranges generally run east-west. The Hindu Kush region in the north, is divided by the Kunar River into two distinct ranges, the northern Hindu Kush and the Hindu Raj. The Lesser Himalayas and the Sub-Himalayas are situated in the eastern part of the province. In NMDs, the topography of the terrain varies significantly from plains to valleys to mountains ranges with snow clad peaks as high as 7,900 feet. The topography of the NMDs and FRs are provided in the Table 4.2. Table 4-2: Topography of Project Areas Sr. Name of Topography No. District/Region Newly Merged Districts (NMDs)30 1. Bajaur Bajaur district is exceedingly wild. The main topographic feature is an endless maze of dry ravines, flanked by row upon row of rocky hills and mountains which make up around forty percent of the total area. The valley area is mostly broad, open and used as agricultural land. The most important plains in Bajaur are those of Nawagai, Loesam, Khar, Jar, Lal, and Wara Mamand. 2. Khyber Major part of the Khyber is barren, rocky and dry for a large proportion of its area with the very notable exception of the beautiful valley of Tirah. The cultivable land of Khyber is mostly Barani and in case of sufficient rains gives good agriculture production. 3. Kurram Kurram is mostly hilly and mountainous. The Sufaid Koh Mountain forms the territorial boundary between Kurram-MD and Afghanistan. The other famous mountains are the Sur-Ghar and Spin-Ghar mountains, which used to be dense with forests, but now there is limited forest cover in these mountains. The notable valleys and streams include: Peiwar, Shalozan, Shian, Zeran, and Daradar. The other important feature is the Kurram valley. The valley is well irrigated, highly populated, and crowded with small fortified villages, orchards and groves, with dark pine forests and alpine snows of the Sufaid Koh Range. After that the valley opens up into the Parachinar Plateau, which is a large oval shaped plain sloping towards southeast. 4. Mohmand Mohmand district is dry and barren. Most of the relief of this area is mountainous and those mountains themselves are brown and rocky with little vegetation. There are patches of flat plains and during the spring time, the 30 Environmental and Social Management Framework (ESMF), Qabail Led Community Support Project (CSP), December- 2019 KPRIISP Page No. Environmental and Social Management Framework (ESMF) 4-3 Sr. Name of Topography No. District/Region region becomes somewhat greener for a time. This region has no rivers, canals nor rich underground water reservoirs. In recent decades, many inhabitants of the agency have migrated southwards to more fertile regions. 5. Orakzai Orakzai is a hilly region with a fertile valley. Its territory comprises of a mountainous tract, dissected by numerous dry water courses, especially in the south-western part of the Agency.The elevation of the hills varies from over 10,000 ft. in the west and to less than 6,650 ft. in the east, while that of the plain area varies from 5,200 to 5,500 ft. above sea level. Important peaks are Sangla (6,325) and Chara Kandaco (5,643). 6. North North Waziristan is a hilly area with deep and rugged valleys. The average Waziristan height of the Waziristan hills is about 1,500 to 2,500 meters above sea level. The mountains do not belong to regular mountain alignments, and the hills appear to run zig-zag in every direction and are geographically apart from the larger Koh-e-Sufaid mountain range in the north and the Sulaiman Range in the south. The main valleys include: Kaitu, Tochi, Kurram and Khaisora. The main plains are: Dandi, Sheratala and Dana kiwi. 7. South South Waziristan is mostly a mass of rugged and complex rocky terrains and Waziristan I and ridges. There are no regular mountain alignments like the northern part of II MDs and hills appear to be zig-zag in every direction. The hills for the most part are barren and treeless. There is very limited land available for agriculture in these valleys, as little water flows in the streams of South Waziristan. The key plains or valleys are the Wana plain, the Zarmilan, which lies northeast of Domandi, the Bermand, and the Spin. Frontier Regions (FRs) 8. Bannu It lies in the Bannu valley which is a low structural basin. The highest point in the northern hills is Baraganatu post with a height of 434 meters. While in the western hills the height goes up to 708 meters. The important passes are Kurram and Tochi. 9. Dera Ismail D.I Khan is almost rugged rocky/barren areas. It is composed of the Sulaiman Khan mountains, which are of considerable height. It also has comparatively lower hills on the entire eastern side. The line passes at eastern direction upon the lower hills. A number of peaks in this range are over 2,750 meters high. Takht- e-Sulaiman is the highest point of the Sulaiman Range, with a height of 3,441 meters. 10. Kohat 31 The topography of the district is dominated by mountains and hills. In the northwest of the district the important ranges include lower Miranzai, and Bangash, which run in an eastwest direction. The city is located at an altitude of 489 meters (1,604 ft) above mean sea level (amsl). Kohat Pass lies to the north. It is situated on the left bank of the Toi River. 11. Lakki Marwat The topography of the district is a combination of hills and plains. The general elevation of hill ranges from 500 to 1000 meters above the sea level. The land beyond these hills gradually slopes to the central part which looks like a basin. 12. Peshawar The Peshawar district is almost a fertile plain. The highest point is at Tarakai with a height of about 700 meters. It is approximately 1,173 feet (358 meters) above sea level. The central part of the district consists of fine alluvial deposits. 31 IEE, Khyber Pakhtunkhwa Cities Improvement Project, Improvement of Water Supply System Kohat, 2021 KPRIISP Page No. Environmental and Social Management Framework (ESMF) 4-4 Sr. Name of Topography No. District/Region 13. Tank It is mostly covered by the dry Bhittani hills, gradually sloping from north-west towards southeast. The highest point of these hills is 1,943 meters above the sea level, located near the northern border on the watershed of Zia plaiwan stream. Almost all the streams which originate from this area are seasonal and normally end up in arid plains of D.I. Khan. 4.3.3 Natural Hazards Currently, KP faces several natural hazards in the province, including flooding, heat stress, drought, landslides and air pollution, which are likely to be exacerbated with the impacts of climate change. Between 1970 and 2020, 20 extreme weather events including floods, landslides, and avalanches impacted KP. The highest expected annual mortality is in the mountainous north, though also significant in Peshawar, Khyber and Kohat. On the other hand, annual asset losses are expected to be greatest in ad around Peshawar and D.I. Khan. Due to its extreme terrain and low levels of socioeconomic development, natural hazards in KP can easily transform into complex humanitarian emergencies. Given the low population density and limited built up assets in the area, the NMD rank relatively low to compounded exposure risks to climate change when compared with other areas of KP. The northern mountainous areas of KP, for example, are highly exposed to landslides and flooding, impacting the population and assets there. However, NMAs and FRs are frequently drought-affected, and include the most severely impacted districts in KP, particularly in the southeast. During the kharif agricultural period, North and South Waziristan are particularly impacted by drought. During the rabi season, agricultural land in Khyber, Mohmand, Kohat, Peshawar and Bannu also face regular drought episodes (every 4 to 5 years). Alongside flooding, drought is the most severe natural hazard in the NMDs, impacting livelihoods of some of the poorest populations in the province. Due to the lack of resilient infrastructure, these natural calamities have also impacted lives, livelihoods and disrupt access and connectivity between districts and rural communities. For instance, heavy flooding in 2010 and 2022 severely damaged the road network in KP, resulting in loss connectivity, increasing transport costs, unemployment and negatively impacting farmers’ income. 4.3.4 Seismicity On the basis of Peak Ground Acceleration (PGA) values obtained through Probabilistic Seismic Hazard Assessment (PSHA), Pakistan is divided into five (05) seismic zones in line with the Uniform Building Code (UBC), 1997 of the Pakistan. The boundaries of these zones are defined on the basis as shown in Table 4.3. Table 4-3 : Values of Seismic Zones of Pakistan Sr. Zone PGA (g) No. 1 1 0.05 to 0.08 2 2A 0.08 to 0.16 3 2B 0.16 to 0.24 4 3 0.24 to 0.32 KPRIISP Page No. Environmental and Social Management Framework (ESMF) 4-5 Sr. Zone PGA (g) No. 5 4 > 0.32 g The Project Area is characterized by seismic activity. Mild tremors from the northwest Hindu Kush range have been felt at various locations and times in the past. Seismic zones for NMDs and FRs are provided in Table 4.4 below32. Table 4-4 : Distrcit Wise Seismic Zoning of Project Area Sr. Name of Seismic Zones No. District/ Region Newly Merged Districts (NMDs) 1. Bajaur 3 2. Khyber 3 3. Kurram 2B 4. Mohmand 3 5. Orakzai 2B 6. North Waziristan 2B South Waziristan 7. 2B I and II Frontier Regions (FRs) 8. Bannu 2B 9. Dera Ismail Khan 2A 10. Kohat 2B 11. Lakki Marwat 2B 12. Peshawar 2B 13. Tank 2B 4.3.5 Climate The climatic profile of the KP province is extremely diverse due to various altitudes and vegetation cover, mountain barriers and topography. Its climate varies from the dry and hot rocky zones in south to the cool and lavish green forests in the north. The northern region of KP experiences extremely cold and snowy winters, with heavy rainfall and pleasant summers, whereas the southern parts of KP experience less severe winters, moderate rainfall and hotter summers. Most of the NMDs fall into arid and semi-arid climate zones with average precipitation averaging below 300 mm annually in the dry and drought-affected areas (Bajaur, Mohmand, and Khyber). The climate varies from dry-temperate to wet-temperate, with a mild summer and a snow stricken cold winter. The NMDs rank relatively low to compounded exposure risks to climate change when compared with other areas of KP. However, NMDs are frequently drought-affected, and include the most severely impacted districts in KP, particularly in the southeast.33 The climatic conditions of Project Areas (NMDS and FRs) are provided in Table 4.5. 32 https://iisee.kenken.go.jp/net/seismic_design_code/pakistan/pakistan_table111.html 33 World Bank, Pakistan Poverty and Equity Team (2022): KP's Newly Merged Districts – A spatial analysis of living standards, access to utilities and services, and climate risks. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 4-6 Table 4-5: Climatic Conditions of Project Areas Sr. Name of Climatic Conditions No. District/Region Newly Merged Districts (NMDs) 1. Bajaur34 Rainfall in the district is maximum on high mountains in the north and decreases towards south, and is well distributed over the year. Snow also falls in the winters on the mountains, with valleys getting frosty. The climate of Bajaur District is semi-arid, subtropical continental highland type. Bajaur receive about 800 mm of average rainfall per annum. 2. Khyber Khyber has extreme climate with cold to severe cold winters and warm to hot summers. In the highlands, precipitation in the form of snow is common in winter. During summer months, the Tirah region is the most pleasant. In rest of the Agency, it is hot during the daytime in the open, but is pleasant in the shaded hilly areas. The summer nights are moderately cool. It lies within annual precipitation contours of 400-600 mm. 3. Kurram Kurram Agency is one of the coldest location in Pakistan. The summer season lasts from April to September with the mean maximum temperature of 30°C, while the winter falls during October to March with mean minimum temperature of �2°C. Much of the precipitation occurs during spring and summer seasons, while autumn and winter are generally dry seasons. The average annual rainfall in the town is 781.7 mm. 4. Mohmand The climate is hot and dry in summer and cold and dry in winter. June, July and August are the hottest months. The mean maximum and minimum temperatures for this period are 34°C and 23°C respectively. The winter season lasts from November to March with December, January and February being the coldest months. The mean maximum and minimum temperatures for this period are 13°C and 2°C respectively. The rainfall is scanty. 5. Orakzai Orakzai Agency is characterized by intensely cold winters and mild summers. December, January and February are the coldest months and snowfall occurs in these months. Summers are mild and the maximum temperature does not go above 30°C. Surrounding mountains are covered by dense and thick forests, which produce a cooling effect in summer. Due to geographical position of Orakzai and its thick forest cover, it rains throughout the year. In winter, the precipitation is in the form of snowfall over the surrounding mountains as well as in valley itself. There is no rain gauge, but rainfall is estimated to be around 910 mm per year. 6. North It has severely cold in winters, with snowfall in certain places and is mild hot Waziristan in summers. It receives around 254 to 330millimeters of snow annually. The mean maximum and minimum temperatures during the month of June are 31°C and 18°C, respectively. Winter starts in October and continues until April. December, January, and February are the coldest months. The mean maximum and minimum temperatures during the month of January are 10°C and −2°C, respectively. 7. South It has hot summers and very cold winters. In winter, temperatures go Waziristan I and below freezing point in places of high altitude. The summer season starts in II May and ends by September. June is generally the warmest month when the mean maximum temperature rises slightly over 30°C. The winter starts 34 Initial Environmental Examination Report for Dawawo Weir, District Bajaur, Project Management Unit, Government of Khyber Pakhtunkhwa, ADB: June 2020 KPRIISP Page No. Environmental and Social Management Framework (ESMF) 4-7 Sr. Name of Climatic Conditions No. District/Region in October and continues until April. December, January and February are the coldest months. The mean maximum and minimum temperatures for this period are 10°C and −2°C, respectively. South Waziristan Agency has an arid climate, receiving minimal precipitation. Most of the Agency receives mean annual rainfall of 6 inches, while a small area in the southeastern corner receives less than 10 inches (250 mm) of rainfall annually. Frontier Regions (FRs) 8. Bannu The summer season starts in May and lasts till end August. May and June are the dry and hot months. June is the hottest month with mean maximum and minimum temperatures more than 40°C and 26°C. December, January and February are the winter months. The mean maximum and minimum temperatures during January are about 17°C and 5°C. The maximum rainfall occurs in August that is 111.36mm. 9. Dera Ismail The climate of the D.I Khan is dry and hot. In general, the areas are hottest Khan with maximum temperature ranges between 46°C and 50°C. Temperatures in summer are quite oppressively hot, whilst in winter; however, this region is both warmer and generally drier than the rest of KP. Nights, however, can still be quite cold during the winter. It experiences little and very erratic monsoonal rains, averaging around 114.30 mm in July and August. 10. Kohat Kohat has semi-arid to sub humid subtropical climate. Kohat is classified as a subtropical triple season semiarid sub-mountainous area. Average monthly maximum and minimum temperatures during summer are 40°C and 15°C respectively. Hottest month is June, during which temperature sometime rises as high as 40°C. Winter occurs from November to mid- February. Average maximum and minimum temperatures during winter are 25°C and 40°C respectively. August is the wettest month with an average rainfall of about 141 mm. 11. Lakki Marwat The climate of the district is dry and hot in the summers and cool in the winter. June is the hottest month with mean maximum and minimum temperature of about 40°C and 27°C. The area is under periodic dust storms. The mean maximum and minimum temperature in January is about 20°C and 4°C. The rainfall generally occurs in July and August. 12. Peshawar Winter in Peshawar starts from mid-November and lasts till the end of March. Summer months are May to September. The mean maximum temperature in summer is over 40°Cand the mean minimum temperature is 25°C. The mean minimum temperature during winter is 4°C and maximum is 18°C. 13. Tank It experiences hot summers and cold winters. Summer season starts in April and continues till October. June, July and August are the hottest months. Winter season starts in November and lasts till March. December, January and February are the coldest months. 4.3.6 Soil Morphology The texture, morphology, and moisture holding capacities of the soils in the province vary from region to region. The surface crust soils are composed of alluvial deposits consisting of silt, clay, sand, and loam. The Project Area (NMDs and FRs) is silty loam and loam type and it KPRIISP Page No. Environmental and Social Management Framework (ESMF) 4-8 falls in the category of medium textured soil. Table 4.6 provides the Soil Morphology of Project Areas. Table 4-6: Climatic Conditions of Project Areas Sr. Name of Soil Morphology No. District/Region Newly Merged Districts (NMDs) 1. Bajaur Medium textured soils are found in all parts of the central plains of Bajaur. Water torrents erode the hilly soils which deposit coarse material at the foot of the mountain's slope. The upper and middle valleys of Bajaur consist of silt clay loam which is generally drainable. The upper southwestern portion of the district comprises of gullied land. 2. Khyber 35 A fair to good soil cover is present on the mountain slopes. The soils are shallow/moderately deep, calcareous, slightly/moderately alkaline, gravelly, and medium textured and excessively drained. Unconsolidated rocks constitute the alluvial fill of the area comprise of uppermost clayey layer, followed by gravels, boulders and sand as soil classified strata at various depths. 3. Kurram The residum colluviums soils from limestone, sand stone and shale are moderately deep, well drained, slightly to moderately calcareous, gravelly course and medium textured (sandy loam and silt loam) and moderately eroded. Terraced piedmont alluvium soils are medium and fine textured (loam and clay loam) deep calcareous, well drained and slightly eroded. 4. Mohmand36 It consists of a blend of sedimentary, igneous and metamorphic rocks. The soils are derived mainly from the local weathering of bedrock deposited by streams and rivers. Landform in the area is varied, and includes piedmont, plains, valleys, gravel fans, rough broken land and gullied land. Level areas are loamy, while lowlands are calcareous in nature. 5. Orakzai The soil is fertile and used for wheat, maize, sorghum and bear with some shrubs, grasses and trees at the mountains slope. The district has eight substantially forested areas. The total area under forest is around 1318 acres. These forests are privately owned by different tribes. 6. North Waziristan North Waziristan is highest producers of pine nuts (Chalghoza) and Pakistan is reported to be the second highest exporter of pine nuts after China. However, due to lack of training in harvesting, cutting, roasting and processing there is high percentage of wastage. 7. South Waziristan I The soil is fertile and both wheat and maize are grown in the South and II Waziristan agency. The area is famous for its fruits. There are a number of fruits grown in the agency including apple, grapes, apricot, peach, pomegranate and tomatoes. The area is also rich in producing dry fruits. The most common being walnut, cashew nut and pine nuts Frontier Regions (FRs) 8. Bannu The district consists of a great alluvial plains. The alluvium has been brought by the streams from North Waziristan. The foot hills area is formed of stiff clay, covered by layers of stones and pebbles. 35 Initial Environmental Examination Report for Magoo Dand Dam, District Khyber, Project Management Unit, Government of Khyber Pakhtunkhwa, ADB: June 2020 36 Initial Environmental Examination Report for Command Area Development of Khurshid Dam, District Mohmand, Project Management Unit, Government of Khyber Pakhtunkhwa, ADB: June 2020 KPRIISP Page No. Environmental and Social Management Framework (ESMF) 4-9 Sr. Name of Soil Morphology No. District/Region 9. Dera Ismail Khan Greater part of the area consists of extensive series of calcareous sandstones and shale. With the exception of these rocks, the area is mostly alluvial plain. The surface soils are grey to brown in colour and medium textured i.e. silty clay/ clay loamy or sandy loam. This sub stratum contains fine sand or rocky material 10. Kohat Soil of the area fall under the ranges in silt loam with pH ranging from 5.6 to 8. The surface soil materials are less deposits, residual mantle on sandstones and shale bedrocks, or narrow strips of silty/loam alleviation along major streams. The cropping pattern and intensity vary spatially as well as temporarily with the moisture availability. 11. Lakki Marwat The Lakki area is underlain by a thick blanket of alluvial plain which consists of unconsolidated, quaternary deposits consisting of sand, silt gravels and clay. 12. Peshawar It consist of a rich, light and porous soil, composed of a pretty even mixture of clay and sand, which is good for cultivation of wheat, sugarcane and tobacco. 13. Tank The culturable soil of Tank have developed either from sub recent river plains or old piedmont plains. Soils are very deep silty clays or clay/clay looms. The soils are used for limited general cropping with perennial canal irrigation. 4.3.7 Water Resources KP water resources are used for agriculture, domestic households, industries and power generation and the availability vary from a shortage in the south to an abundance in the north. Groundwater In KP, groundwater can be found as aquifers and alluvial deposits. The groundwater potential in NMDs and FRs largely depends on rainfall and the irrigation systems consist mostly of shallow wells, dug wells (open wells with motorized pumping) and tube wells. The main water source for drinking purposes is groundwater, which accounts for about 84% of public and private water supply schemes. There is no province-wide assessment of groundwater available for Khyber Pakhtunkhwa, but regional studies indicate groundwater depletion for drinking water as well as agricultural purposes. The depletion is more severe in the south. The water level in Khyber and Mohmand districts is quite deep and extends to beyond 500 feet depth. The spell of drought cause water table to deplete more than 200 feet triggering water shortage. The depletion of forest resources has reduced the water retention capacity of the soil, while ecological and climatic conditions have led to the low recharge of groundwater sources37. Surface Water In KP, surface water is found in the form of springs, precipitation, lakes streams, rivers and glaciers. The surface water sources need to be tapped to overcome the water crisis. The second major source in NMDs for drinking purposes is surface water, which caters to about 37 Technical Studies of Water Resources in FATA, IUCN, 2019. FATA Water Governance Project, FATA Environment Cell. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 4-10 16% of the population. Surface water can be efficiently managed for sustainable water resource planning in NMDs. The surface water sources are mostly available in northern districts of the province. Increasing pollution and amount of withdrawal for irrigation pose major threats to safety and availability of surface water for drinking purposes. However, surface water resource is limited due to rainfall variations which is less in the lower part especially in South and North Waziristan. With losses to storage capacity of water and increasing water stress per capita, surface water availability in KP is likely to fall. Rivers and its tributaries are major source of surface water. The Table 4.7 shows major Rivers in the Project Areas38. Table 4-7: Major Rivers in the Project Areas Sr. Name of Major Rivers No. District/Region Newly Merged Districts (NMDs) 1. Bajaur Panjkora, Jandul Khwar and Jandul River 2. Khyber Bara, Kabul and Chora Rivers 3. Kurram Kurram, Khurmana and the Kirman Rivers 4. Mohmand Swat River 5. Orakzai Mastura and Khanki Toi River 6. North Waziristan Tochi, Kaitu, Kurram, Khaisor, and Shaktue Rivers 7. South Waziristan I and II Tochi and Gomal River Frontier Regions (FRs) 8. Bannu Kurram River And Its Tributary, The Tochi (Gambila) 39 9. Dera Ismail Khan Indus and Gomal River 10. Kohat Kohat Toi River 11. Lakki Marwat Kurram River And Its Tributary, The Tochi (Gambila), Indus River 12. Peshawar Kabul River 13. Tank Tank Zam River In mountainous areas, where natural surface and ground sources are not available, people rely on rain-water ponds. In the plains where surface water is scarce, shallow wells allow the people to meet their basic requirements. As a result, many springs, streams and perennial watercourses have dried up in the recent past, forcing people to turn to deep groundwater sources. 4.3.8 Solid Waste Management and Drainage System There is no proper solid waste and drainage system exists in the Project Area. There is around five million population in NMDs, the area consists of rural and peri-urban areas with limited access to basic municipal services. Exact data on waste generation (solid waste & liquid waste) in the area is not available, however, it is estimated that around seven percent of households safely dispose their waste while others dispose of in unhygienic manner. Eighty percent of the people in Khyber Pakhtunkhwa have access to sanitation services: 74% in rural and 98% in urban areas. The majority of households in NMDs reported there was no formal system for garbage collection. For overall NMDs area, 40.1% households said garbage was collected privately. Municipal collection of garbage in NMDs is negligible and reported as 0.7% of total households. 38 http://kpboit.gov.pk/khyber-district/ 39 https://kptourism.com/ KPRIISP Page No. Environmental and Social Management Framework (ESMF) 4-11 The bulk of households (64.3%) in NMDs area reported having no drainage system. Further 20.8% households in overall NMDs area have open drainage systems. Only 6.3% households in overall NMDs area have underground drainage/sewerage systems. 4.3.9 Land Utilization Land used for agricultural production accounts for 55.4%. Due to the rugged, mountainous terrain in Khyber Pakhtunkhwa province, only 1.87 million hectares which constitute less than 22% of the province’s total 8.35 million hectares- are under cultivation. In NMDs, the cultivated area drops to 9%, of which only 39% is irrigated. Forests occupy approximately 1.23 million ha in the province, constituting a significant portion of Pakistan’s 4.47 million ha of forested land. Majority of the farmers have small land holdings of less than 2.5 acres, the farmlands are generally irrigated from perennial and flood water streams with traditional flooding methods. Table 4.8 shows the land use statistics of the Project Area40. Table 4-8: Land use Statistics of Project Areas Not Total Total Culturable Available Sr. Name of Cultivated Forest Cropped Area Waste For No. Districts/Region Area Cultivation (Hectares) Newly Merged Districts (NMDs) 1. Bajaur 77,166 69,508 10,002 29,722 12,145 2. Khyber 24,532 21,819 48,612 2,096 182,436 3. Kurram 26,623 16,179 3,288 13,139 295,011 4. Mohmand 23,618 25,637 7,248 10,018 188,736 5. Orakzai 17,898 12,157 2,293 5,084 128,486 6. North Waziristan 17,417 17,792 102 372 452,805 7. South Waziristan I 19,602 24,279 44,904 2,165 595,329 and II Frontier Regions (FRs) 8. Bannu 97,322 49,752 8,518 578 100,105 9. Dera Ismail Khan 254,691 154,544 365,443 4,026 429,239 10. Kohat 77,232 32,462 33,214 4,818 224,467 11. Lakki Marwat 116,900 40,595 85,891 - 112,182 12. Peshawar 84,122 84,174 22,850 548 45,241 13. Tank 33,606 19,421 79,213 31,325 21,455 4.3.10 Cultural/Archeological Sites It is anticipated that there will be no direct impacts on archaeological sites due to the proposed Project as construction/rehabilitation activities will be limited in space. Physical activities will be largely confined to already transformed areas/cultivated areas. However, during excavation, there is always a chance of finding artifacts. Therefore, this ESMF has developed 40 Bureau of Statistics 2021, Government of Khyber Pakhtunkhwa (www.kpbos.gov.pk) KPRIISP Page No. Environmental and Social Management Framework (ESMF) 4-12 a Physical Culture Resource Management Plan to be followed during project implementation if an archeological site is discovered. 4.4 Ecological Environment The ecological baseline study describes the floral and faunal conditions and characteristics in the targeted region. In terms of ecosystems, there are various types of forests, including meadows, rangelands (or pastures), and wetlands. Khyber Pakhtunkhwa is divided into four agro-ecological zones based on climate, rainfall, temperature, altitude and topography. The province hosts approximately 4,500 species of plants, 100 mammal species, 466 bird species, 66 reptile species, 44 butterfly species and 118 fish species, and protected areas expand over 14% of the total provincial area. However, climate change, rise in temperature, changes in precipitation patterns, increase in floods and droughts and heavy application of hazardous agrochemicals are adversely affecting ecosystems and biodiversity in Pakistan as well as in the province. Over 20% of the province is covered in forest. Khyber Pakhtunkhwa has designated over 650,000 hectares of land as protected. 4.4.1 Rangeland Ecosystems There are four types of rangelands or pastures in the province: alpine pastures lying above 3,000 m altitude and below the snowline, trans-Himalayan grazing lands at 2,300-3,300 m elevation, Himalayan forest grazing lands in 1,000-2,000 m altitude, and arid/semi-arid grasslands at around 250 m elevation41. 4.4.2 Flora Flora of Khyber Pakhtunkhwa is quite diverse, owning to variety of its climatic zones. About nine distinct vegetation types exist in the province. These include Riverain forest, Tropical thorn forest, Mazri palm scrub, and subtropical sub humid forest, subtropical humid Chir pine forest, moist temperate conifer forest, temperate Conifer forest, sub alpine scrubs and alpine meadows42. Table 4.9 shows the key floral species of Project Areas. Table 4-9: Flora species of Project Area Sr. Name of Flora No. District/Region Newly Merged Districts (NMDs) 1. Bajaur Olive, Gorgora, Phulai, Sanatha, Bung, Chir, Bair, Chinar, Poplar, Puns, Apricot, Peach, Walnut, Plum And Almond. Trees are Eucalyptus, Ailanthus, Robinia, Shisham, Bottle Brush, Kachnar and Persian Pine. 2. Khyber Chinar, Poplar, Phulai, Walnut, Kao, Zizippus, Gorgora, Blue Pine, Sanatha, Prosopis, Cedar, Kikar, Ailanthus, Shisham, Dilenthus, and Oak. Medicinal Include Zeera, Ispaghol, Karkhuchuk, Mukhkak, Olive, Multas and Sardaro. 3. Kurram Dwarf Alm, Mulberry, Poplar, Willow, Ailanthus, Robinia Platinus, Walnut, Oleander, Oak, Pistacia. Trees are Eucalyptus, Phulai, Beri, Cynopylla nd Different Species Of Conifers 4. Mohmand Sanatha, Oak, Small Red Poppy Spera, Camel Thorn, Paighambari Gul and Drab Grass. Trees are Mesquite, Bair, Sanather, Manas, Mulberry, 41 ESMF for Khyber Pakhtunkhwa Irrigated Agriculture Improvement Project. World Bank, 2019. 42 ESMF for Khyber Pakhtunkhwa (KP) Human Capital Investment Project KPRIISP Page No. Environmental and Social Management Framework (ESMF) 4-13 Eucalyptus, Phulai, Bakain and various specimens of Acacia and Jhands, Gurgura 5. Orakzai Sanatha, Kao, Phulai, Gurgora, Quercus Incuna, Pinus Wallichiana, Eucalyptus, Robinia, Kachnar, Poplar, Sheeshum, Ailanthus, Chir Pine, Walnuts, Apple Snickers and Wild Pomegranate 6. North Phial, Grugru, Shisham, Mulberry, Ghaz Sunzela, Serrai, Bair, Poplar, Waziristan Jaman, Robinia, Eucalyptus, Wools, Pine, Nakhtar, Nergessa, Chinar, Kikar, Srind, Mandata, Monra, Badoom, Walnuts, Almanzai, Dates, Peaches, Apricots, Plums, Lukat, Srind, Malta, Narangi and Nashpati. 7. South Chalghoza Pines, Olive Plants; Partal, Wild Beri, Chirr Pine, Pistachio, Waziristan I and Walnut, Kawoo, Phulai, Olive and Gurgura. II Frontier Regions (Frs) 8. Bannu Sheesham, Toot, Kagal, Ber, Kikar, Lachi, Mulberry and Sulix. 9. Dera Ismail Kikar, Shisham Or Tahli, Beri, Toot, Sharin, Dherek, Phulai, Pipal and Jand, Khan Karir And Wan. Occasionally, Rero and Farash are also found. 10. Kohat Pear, Peach and Apricot, Orchards and Grape Vineyards. Trees are Mesquite, Ber, different species of Acacia and Jand. 11. Lakki Marwat Shisham and Toot. Shisham is indigenous to the soil and found scattered all over the place. In the Plains, Kikar, Beri, Kabal, Phulahi and Kao or Wild Olive. 12. Peshawar Mesquite, Ber. Acacia and Jhand. The common Shrubs are Spynda, Akk, Small Red Poppy, Spera, Camel Thorn, Paighambari Gul and Drab Grass. All kind of Roses, Gul-E-Dawoodi, Chamba (White And Yellow), Rambel, Nargis, Kasmalo, Gander, Mori 13. Tank Ber, Kikar, Ghaz, Jhund and Tali are some common trees whereas famous shrubs are Karita, Caparis, Kana, Mazri, Aphyla. 4.4.3 Fauna Khyber Pakhtunkhwa is one of the most diverse landscapes in the country that possesses every component of the natural environment, snow covered peaks, green mountains, painted landscape, a variety of agro-ecological zones, rivers and streams, and a variety of cultures closely knitted with the available natural elements. All ecological zones, from temperate to arid and sandy, are full of resources to host a number of wildlife species. Table 4.10 shows the key fauna species of Project Area. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 4-14 Table 4-10: Fauna species of Project Area Sr. Name of Fauna No. Districts/Region Newly Merged Districts (NMDs) 1. Bajaur Brown Monkey, Jackal, Wild Goat, Porcupine, Pheasant and other migratory birds 2. Khyber Pheasant, Leopard, Jackal, Crane, Brown Monkey, Sissi, Squirrel, Bear, Murgh-e-Zarrin and other migratory birds 3. Kurram Monal Pheasant, Woodcock, Grey and Black Partridge, Red Legged Partridge (Chikor), Sissi, Wild Pigeon, Water Fowl, Siberian Cranes, Hog Deer, Markhore, Jackals, Rabbits, Porcupines, Wild Cats and Rodents 4. Mohmand Wild Pigs, Rabbits and Jackals. Game birds such as Chakore, Partridge, Sissi, Duck, Snipe, Quail, Wild Goose and Sand Grouse are common in Mohmand district. 5. Orakzai Bear, Wild Boar, Ibex, Porcupine, Taboit, Jackal, Squirrel 6. North Waziristan Jackal, Fox, Monkey and Wild Goat; Pet animals like Sheep, Goat, Buffalo, Cow, Camel, Horse, and Donkey 7. South Waziristan Chikor, Grey and Black Partridges, Sissi. Markhor, Ibex, Urial and I and II Chinkara Frontier Regions (FR) 8. Bannu Chikor, Partridge, See-See, Black Partridge, Quail, Bustard, Ducks And Kunj. 9. Dera Ismail Khan Jackals, Dogs, Snakes, common species of Birds found in the Project Area are Sparrows, Crows, Pigeon, Dove, Tiliar (Starling), Lalmena, Parrot, Quail, Pintail, and Humming Bird etc. Kohat Crested Lark, Grey Partridge, House Crow, Indian Robin, Sparrow, Hawk, Shikra, Koel, Brown Dove, Bush Chat, Sunbird, Bulbul, Red Wattled 10. Lapwing, White Breasted Kingfisher, White Eyed Buzzard, Red Fox, Golden Jackal, Indian Crested Porcupine and Wild Boar. Lakki Marwat Jackals, foxes, hedge-hogs wild bears and rabbits are common. Variety 11. of local birds include white, black and logged partridges and migratory birds include, crane, heron, bustard (tillor), falcon and variety of ducks. Peshawar Jackal, Fox, Wild cat, Mouse, hare, Indian crested porcupine, Wild boar, 12. Oriol, Goldfinch, Wall creeper, Rose finch, Chaukar, Indian roller, Shikra. Crow and Sparrow 13. Tank Quail, Partridge, Crow, Pigeon, And Hare etc. 4.4.4 Protected Areas The interventions under the proposed Project will be carried out in already transformed/ cultivated area. As such the interventions shall not be carried out in any natural or critical habitats and protected areas. 4.5 SOCIOECONOMIC CONDITIONS Although KP—Pakistan’s third-largest province by population—has made significant progress in poverty reduction in recent years, the merger of the tribal areas with KP, has increased the region’s development needs. Parts of the province remain vulnerable to crises; and human development outcomes remain low. The geographic characteristics of the northwest region, combined with security conditions and low population density, have traditionally impeded access to basic services for a large part of the population. Gender inequalities are high, and KPRIISP Page No. Environmental and Social Management Framework (ESMF) 4-15 there are limited opportunities for the province’s large youth population. About 80 percent of the province’s population lives in rural areas as per the census of 2017, where access to public services and income generation opportunities are lower than in the cities. The region is susceptible to natural events such as flash floods and extreme weather events, which in recent years have resulted in infrastructure damage and population movements, as has been brought into sharp relief with the floods of August 2021. While the merger of the former FATA with the province is a positive step, it has also created new challenges. The NMDs are 27,224 square kilometers subdivided administratively into seven tribal agencies, each having a different tribal complexion and administrative headquarter. They are inhabited almost exclusively by the Pashtuns, also known as Pakhtuns, an ethnic group living on both sides of the Durand Line in Pakistan and Afghanistan. More than two dozen major Pashtun tribes (with subtribes) populate the NMDs. As per the 2017 census, the population of the NMDs (then known as FATA) was about 5 million, 96 percent of which was living in rural areas. According to the multidimensional poverty index compiled by the Government of Pakistan in 2016, multidimensional poverty incidence in KP was 25 percent, while in what are now the NMDs, the average poverty incidence was 33.7 percent.43 According to the GOKP’s Tribal Decade Strategy, however, income poverty in the merged areas, based on a poverty line of $1.25 a day was 52 percent, and nearly 73 percent of the population was impoverished in terms of education, health and living standards.44 Social indicators for the NMDs, particularly for education, are generally below the average for KP, as shown in the table below. Table 4-11: Socioeconomic Indicators Region Populatio Adult Female Pre-natal Househol Household Moderate n who has Literary Net Consultatio d Drinking s who have or Severe ever rate (15 Enrolmen n Water no toilet Food attended years t Rate (Percent) Source (Percent) Insecurit school and Primary (Tap y (Percent) older) (Ages 5- Water) (Percent) (Percent 9) (Percent) ) (Percent) Khyber 54 49 43 69 30 11 14 Pakhtunkhw a Bajaur 33 24 17 57 3 52 17 Khyber 50 41 35 67 33 12 7 Kurram 43 36 34 71 30 14 10 Mohmand 28 20 28 70 3 28 22 N. 43 38 32 26 21 43 10 Waziristan Orakzai 46 37 43 89 28 14 10 S. 36 31 28 15 45 30 27 Waziristan Average for 40 32 31 56 23 27 15 NMDs Source: Pakistan Social and Living Standards Measurement Survey, 2019-2020. Notes: Female net enrolment figures are for primary school excluding Katchi or Nursery. 43 Ministry of Planning and Development/UNDP. 2016. Multidimensional Poverty in Pakistan. 44 GOKP, Planning and Development Department. 2019. Tribal Decade Strategy 2020-2030. May. Page 101. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 4-16 As the table shows, the NMDs are fairly diverse with regard to socioeconomic characteristics, particularly on health and sanitation. In general, Khyber district, possibly because of its proximity to Peshawar, has indicators which are relatively close to the average for KP on almost all counts. On the other hand, Bajaur, Mohmand and South Waziristan are found to fall far short on educational indicators in particular. Food insecurity is particularly severe in Mohmand and South Waziristan. Sanitation facilities, as represented by toilets in houses, are lacking in most of the NMDs with the exception of Khyber, Kurram and Orakzai. In general though, the NMDs as a group fare poorly on socioeconomic indicators. This is particularly true when data is disaggregated to look at the characteristics of women. The average adult literacy rate for the NMDs as a group is 32 percent, but it works out to just 8 percent for women, as compared to an average female literacy of 30 percent in KP. In fact, adult female literacy is in single digits for all NMDs with the exception of Kurram (where it is 19 percent) as per the PSLM 2019-20. Similarly, female net enrolment rates, which are reported in the table above for ages 5 to 9 years, were also below the KP average for all NMDs except Orakzai. With the spate of conflict and violence in recent years in the former Federally Administered Tribal Areas (FATA) areas, instability has been endemic to this region. More than a decade of simmering conflict has precluded development work and provision of public services, stymied the local economy further, and reinforced restrictions on mobility for women in particular. 4.5.1 Livelihood Strategies and Patterns According to the Labor Force Survey 2020-21, the overall unemployment rate in KP was close to 9 percent. Of the total unemployed (and looking for work) two thirds were male.45 The TDS, however, provides a far more dire picture of employment in the NMDs, claiming that 60 to 80 percent of men are either unemployed or looking for work.46 According to the AIP Baseline Survey47, almost one-third of the households owned agricultural land in the merged areas; Kurram had the highest proportion of households owning agricultural land (54 percent) and Khyber had the lowest (15 percent). For those who owned agricultural land, it was mostly cultivated by themselves or by a family member.48 Major crops grown included maize, wheat, and rice. More than half of households in Orakzai grew maize and almost two-thirds of households in Mohmand grew wheat. Kurram's contribution to both the major crops was the lowest compared to other districts as more households grew rice and other vegetables there. Only 14 percent of these households traded their produce in the local markets, indicating that most are engaged in subsistence farming. Eighty six percent of women in the merged areas reported being housewives and were not engaged in income generating activities. At home, it is mostly women who are also responsible for collection of water form external sources. Given that access to clean drinking water in the home is rare, women end up undertaking unpaid labor and bear the brunt of low access to basic services and amenities. The AIP Survey data also found that almost half (48 percent) of the households in merged areas owned livestock. In Bajaur and Mohmand, the ownership was higher than average; 74 percent and 66 percent owned livestock respectively. The livestock was mainly kept for subsistence purposes and did not generate income for most of the households. 45 Pakistan Bureau of Statistics. 2022. Labor Force Survey 2020-21. Table 7.1. 46 GOKP, Planning and Development Department. 2019. Tribal Decade Strategy 2020-2030. May. Page 105. 47 GOKP/UNDP/UKAID. 2021. Accelerated Implementation Programme: Findings from the Baseline Study. April. See Figure 16.. 48 Ibid. Households that did not cultivate the land themselves earned an average of PKR 41,678 per year KPRIISP Page No. Environmental and Social Management Framework (ESMF) 4-17 4.5.2 Informal Institutions As in other parts of KP, the jirga or informal justice system, wherein dispute resolution is carried out by an assembly of elders, is also prevalent in the NMDs. The jirga traditionally settles disputes of both civil and criminal nature, using knowledge of Pashtunwali (or the tribal code of ethics), and, on occasion, interpretation of Islamic law. Jirgas are sometimes constituted for other purposes also, for instance to negotiate with the government, security forces or law enforcement agencies, or with other tribes. Jirgas are normally held in public, often in mosques or hujras (or communal male social spaces), and the proceedings can be observed by the public in theory – in practice, women do not generally attend jirga proceedings, and are not amongst the decision makers. Jirgas normally operate by trying to reach a consensus, with decisions and punishments being agreed to by representatives of the accused as well as the accusers. For civil cases also, like property disputes, all parties have to agree to the findings and decision of the jirga for the decision to be binding. Numerous studies on alternative dispute resolution systems, notably the recent AIP study (referred to earlier) in the merged areas, have found that citizens tend to repose trust in jirgas, and rely on the institution to deliver results.49 However, jirgas do not allow for effective representation of women as complainants, and the question of women participating in the deliberations or being included in the decision-making process does not arise. The same is generally true of religious minorities. One of the larger aims of governance reform in the region should be to improve citizen’s trust in court sanctioned mediation and the formal justice system. 4.6 CONFLICTS, RISK, AND VULNERABILITY Security challenges continue to exist; the mainstreaming of the newly Merged Districts (NMDs) and subdivisions is fraught with risks. The merger has raised significant public expectations since the 25th Constitutional Amendment (2018) brought FATA under the jurisdiction of all sections of the 1973 Constitution of Pakistan. The people of the NMDs are now entitled to all the rights and privileges of Pakistani citizens. However, the effective implementation of the laws through institutional setups is yet to be experienced by the people. As such, any delay or mismanagement of the integration may create space for the formation of counter narratives against the integration process and contribute to instability in the region. The introduction of constitutional rights, elected local governments, land titling, the rule of law institutions, and empowered legislatures will fundamentally change the relationship between the citizen and the state. Having suffered from war, conflict and social and economic exclusion for years, the communities in the NMDs are post war, fragile and have a general distrust for the state and state run services. Schools and primary health facilities in the NMDs were targeted during the insurgency, and many were either destroyed completely or were rendered dysfunctional.50 Districts neighbouring NMDs (including D I Khan, Tank, Hangu etc.) have suffered impacts of conflict and war situations in the NMDs, including increased pressure on health and education facilities. Social risks are mainly related to social inclusion and access, especially of vulnerable and disadvantaged groups, and inclusive public outreach. Legal identity can give women access to financial services, health care, social safety nets, and the right to vote, but too often women effectively live outside of any government system, with little awareness of their rights as 49 GOKP/UNDP/UKAID. 2021. Accelerated Implementation Programme: Findings from the Baseline Study. April. See Figure 16. 50 SPEED Project Appraisal Document (PAD), December 2020 PLEASE PROVIDE LINK TO URL KPRIISP Page No. Environmental and Social Management Framework (ESMF) 4-18 citizens. The situation in the Merged Areas is worse compared to the rest of the country, with 56 percent of the 2.2 million women without CNICs.51 Often the NADRA (National Database and Registration Authority) offices are located at a distance, and generally do not provide separate NIC processing facilities for women, most likely because there are no female officers working in those areas. Sometimes despite having access to facilities in some areas, women do not have national ID cards, as it requires a photograph of the applicant. Women in these areas are not commonly allowed/permitted to be photographed without their veils (which would entail showing their faces to strangers), for cultural reasons. Limited opportunities for women’s decision-making power may be seen in the political realm in whether they exercise their right to vote. A combination of traditions, conventions, and the Pashtun code of honor governs the social fabric of the NMDs. A central interpretation of female honor is also about protecting male respect. In cases of real or imagined violations of these boundaries, women become victims with little or no influence within these cultural norms. In addition to structural issues, there are several cultural barriers that restrict access to justice, particularly for women. The tribal society of the Merged Districts is a combination of strong cultural and religious practices and regulations shaping societal traits. There is a lack of awareness among women regarding their basic rights. Many behaviors and practices, that could be labelled as gender-based violence, in other parts of the country, are considered 'normal' and permissible within the parameters of the traditional tribal society52. According to the latest Demographic and Health Survey (DHS) (2017-18), 66 percent of former FATA women experience physical violence and more than 80% have never reported it to even their close family members. 95 percent of women themselves justify wife beating and consider it a 'normal' response from men in circumstances such as when a wife burns food, argues with her husband, goes out without permission, neglects the children or in-laws, or refuses to have sex with him.53 51 NADRA, 2019. 52 Status of Women and Girls in Khyber, Kurram, Orakzai, North Waziristan & South Waziristan: Gender Profile of Merged District UN Women, May 2020 53 National Institute of Population Studies (NIPS). 2018. Pakistan Demographic and Health Survey (DHS) 2017-18. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 4-19 5 STAKEHOLDER CONSULTATION AND INFORMATION DISCLOSURE Under World Bank-financed projects, a Stakeholder Engagement Plan (SEP), and project level Grievance Redress Mechanism (GRM) need to be developed in accordance with ESS10 (Stakeholder Engagement and Information Disclosure) of the World Bank’s Environmental and Social Framework (ESF) and any corresponding national legislation. ESS10 requires that Borrowers engage with stakeholders throughout the project life cycle, commencing such engagement as early as possible in the project development process and in a timeframe that enables meaningful consultations with stakeholders on project design. The nature, scope and frequency of stakeholder engagement have to be proportionate to the nature and scale of the project and its potential risks and impacts. The overall objective of this SEP is to define a program for stakeholder engagement, including public information disclosure and consultation, throughout the project life cycle. The SEP outlines the ways in which the project team will communicate with stakeholders and includes a mechanism by which people can raise concerns, provide feedback, or make complaints about the project and any activities related to the project. The involvement of the local population is essential to the success of the project in order to ensure smooth collaboration between project staff and local communities and to minimize and mitigate environmental and social risks related to the proposed project activities. Analyze Engage Stakholders • Identify stakholder Stakeholders • Identify opportunities for groups/teams stakeholder involvement • Identify representaive • Analyse and assess • Develop stakeholder • Engage stakeholders as individual(s) from each individual stakeholders; why engagement plan planned group/team a stakeholder, what role, • Map stakeholders to • Communicate to • Create Stakholder list perception, etc. involvement activities stakeholders as planned • Prioritise stakholders • Modify plans as required Identify Plan Engagement & Stakeholders Communications Figure 5-1: Process of Stakeholder Engagement 5.1 SUMMARY OF PREVIOUS STAKEHOLDER ENGAGEMENT ACTIVITIES The Government of KP has held a series of stakeholder consultations during project preparation to provide information on the proposed activities of the project, and to get feedback from various stakeholder groups regarding which areas and sectors they think the project should focus on. A particular effort was made to include women and representatives of vulnerable groups, including people with disabilities, in the discussions. A brief record of the key issues that were raised in the three consultative sessions is given below. 5.1.1 Consultation with Civil Society, Peshawar A consultation session was organized in Peshawar on August 30 2022 where the RIISP coordinators and a consultant met with representatives of NGOs, local government officials KPRIISP Page No. Environmental and Social Management Framework (ESMF) 5-1 and some members of the provincial assembly from the NMDs. Some of the issues discussed in the three hour long session were as follows. 5.1.1.1 Community Development and Social Structures Variety of Needs: Participants stressed the variety of needs across NMDs, and the fact that the socioeconomic conditions and infrastructure needs can differ significantly across districts, tehsils and even from settlement to settlement. They felt that the project proponents need to be aware of this, and to be flexible regarding which sub-projects are to be implemented. Some participants felt that leaving out reconstruction of schools (which were damaged during the last decade when militancy was at its peak) was a mistake, while others talked about the need to construct middle schools for both girls and boys. In general, the participants acknowledged that the project could not fulfill all demands, and needed to focus on a few sectors, but within that constraint, the government should prepare for diversity of community demands. Unique Social Dynamics: Many participants spoke about the unique social dynamics of the NMDs, where tribal rivalries last for generations, and cooperation has to be fostered through a sometimes slow and painstaking process. A participant from Sarhad Rural Support Program (SRSP) said that large scale schemes should not be attempted in the initial stages of project implementation as working across areas inhabited by different tribes could be complicated and could lead to tribal differences and conflicting needs playing out. He gave the example of making mohalla based water supply schemes rather than building one system that caters to a large, scattered village. Community Driven Development: The NGO representatives stressed the need to encourage community driven development – something that is particularly important in the NMDs given the trust deficit between the government and the people. Years of being governed through a stringent set of administrative measures has fostered feelings of deprivation, and “otherness.� Community mobilization is a slow process, and raising awareness of community led development will take time, but participants felt it was worth the effort in terms of ensuring sustainability of the sub-projects to be implemented. 5.1.1.2 Suggestions on Operations Need to Reach Far Flung Communities: An MPA from North Waziristan pointed out that development initiatives in the NMDs have traditionally focused on communities along main roads or in easily accessible areas. There is a need to ensure that this project goes beyond that and reaches out to far-flung areas, and remote villages. Local governments and elected representatives can help identify such settlements. Coordination with Security Agencies: The elected representatives and local government officials present also emphasized the need to coordinate the infrastructure development works with the military authorities, as they have been known to advise local officials against development of certain roads and pathways, due to security concerns. While local communities are supreme with regard to articulation of needs, there may be a need to keep the security personnel in the loop on some schemes, particularly roads. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 5-2 Need to Use Local Expertise and Labor: Participants stressed the need to use local expertise wherever possible, in addition to local labor. Thus, they felt that if the project proponents make an effort to locate engineers and other skilled workers who belong to the region, this will pay dividends in terms of later operations and management of the works. However, some participants also said that keeping non local staff may be a better option that the project could face a lot of pressure from local maliks with regard to hiring people that they (maliks) recommend. The overall consensus, however, was that local expertise was best. Best Fit Rather than Best Practice: A participant from SRSP made an interesting observation when he said that the project should use a “best fit� rather than “best practice� approach. He felt that sometimes the best approach was the one best suited for the area, regardless of whether it follows textbook rules or not. Prepare for Attempts to Influence: Participants also felt that project proponents should prepare for a situation where they will face a lot of pressure from local leadership, particularly tribal maliks, when it comes to site selection, prioritization of schemes, hiring of personnel and many other issues. One way to deal with that, as per the participants, was to involve the civil administration to work closely with the community and also negotiate with the tribal leadership. Given that the civil administration traditionally has a history of working with the maliks, they can manage the expectations of the tribal leadership while ensuring that the community’s interests are not compromised. 5.1.1.3 Other Issues Minorities: When asked about the presence of religious and ethnic minorities in the NMDs, the participants agreed that numbers were extremely small, particularly for ethnic minorities. With regard to religious minorities, Sikhs have largely migrated from the area and gone to Punjab. One of the participants, a Christian MPA from Khyber, said that there is a presence of Christians in the NMDs, but they are almost all in district headquarters (the only urbanized areas in the NMDs), and are in fact restricted in their movements within the districts due to security concerns. The community was targeted by militants in the recent past, and security personnel reacted by requesting them to restrict their daily lives within a small area in the district headquarters, preferably in the area where the offices and homes of the civil administration are centered. Thus the small Christian minority is generally safe, but highly restricted. There is no likelihood of this state of “protective restriction� changing in the near future, given that the community still faces threats from militants. Persons with Disabilities (PWDs): There was a long discussion on the needs of persons with disabilities in the NMDs, and participants stressed that there were no educational facilities for special children or adolescents. When asked how PWDs manage visits to government offices, participants said that they had to rely on family members and even then often found it difficult to negotiate processes. Land Acquisition and Settlement: As there is no land settlement in the region, and land ownership is generally communal, sale of land takes place through exchange of stamp paper, KPRIISP Page No. Environmental and Social Management Framework (ESMF) 5-3 with no land title documents. Until a land settlement takes place, the process of land acquisition is fraught with risks, as per the participants. 5.1.2 Consultation with Community, Khyber A consultation also took place in Khyber district on 31 August, in which a consultant along with RIISP coordinators met with male community organization members who have been mobilized through the Pakistan Community Support Project (PCSP). The participants shared their experiences with development works in recent years and the need for public infrastructure in the NMDs. Some of the issues discussed were as follows. Extensive Needs: Participants stressed the plethora of unmet demands and extensive development needs of the region, including water supply and sanitation and educational facilities (which seemed to top the list). They were conscious of the fact that their region has become a focus for the UN and other development partners recently, but most projects are still in the early stages of implementation and they have not seen significant impacts yet. They emphasized that the region was historically underserved and it would require significant investment over a long period of time to bring it up to the level of even less developed settled districts. Community Participation: When asked about community participation and experiences with collaboration, the participants felt that community organization had proceeded well in the past in areas where one tribe was dominant or where community organizations were formed within one larger tribe. They were not averse to working with other tribes, but did acknowledge that traditional rivalries and past feuds tended to preclude long term cooperation. Facilities for non Local Workers: An issue that kept being raised was that non locals who come work in the NMDs, notably staff assigned to health facilities and schools, do not live in the districts and commute from nearby districts. Absenteeism is thus a big issue. The participants stressed that if the project hires non locals, they must create residential facilities for them, or ensure their regular attendance in other ways. Employment and Skills: Lack of employment opportunities and lack of skill development were mentioned as issues, and the latter was mentioned as a reason why hiring locally may be an issue for the project. To the extent that the project can generate employment, even for unskilled labor, it will be welcomed by most communities, as job scarcity is a major issue. Participation of Women: The consultation was attended only by men, but they were asked how participation of women could be ensured. They said that the presence of women in public spaces was not acceptable as per tribal norms, but consultations with women’s groups were acceptable if carried out in private spaces, and by women. Some of the participants said that traditional norms regarding women’s mobility were changing slowly, and that more girls were entering secondary education etc., but for the immediate future, the traditional mores have to be respected, and efforts to mobilize women must be carried out with the requisite sensitivities. Persons with Disabilities: Participants pointed out that there were no special education facilities in the region, and since most people cannot afford to keep families in Peshawar and KPRIISP Page No. Environmental and Social Management Framework (ESMF) 5-4 other cities, special children were just kept at home, with little or no exposure to the outside world. One of the participants was physically disabled, having had polio in his childhood. He said that though his siblings and other relatives and friends had been educated, and his family was keen to educate their children, he was not sent to school as he could not manage the journey on his own. This was a particularly poignant personal experience which highlighted the depth of deprivation of the PWDs in the region. Complaints on Local Governments: Participants were generally disappointed with the role of local governments, and said that they had been largely non-functional since their inception. A few local councilors who were in the meeting said that this was because they had not been issued funds nor were they given any powers. This has to change before the local representatives can work for the betterment of their communities. Land Acquisition: Participants were wary of the government or military taking over communal land, as they claimed that such exercises had happened in the past, and they had not been compensated. Earlier, in a discussion with the Additional Deputy Commissioner (Finance and Planning) for Khyber district, a similar issue had been highlighted. The ADC had said that the government has acquired 1700 kanals of land in Khyber for government facilities, but other than one or two departments, payments for the land have not been disbursed in over a year. 5.1.3 Consultation with VC/NCs, Peshawar A consultation was held with members of VC/NCs from 5 districts in Peshawar from September 7 to 9, where the participants were trained on techniques of participatory development, social mobilization, and identification and prioritization of development interventions. On the last day, the participants were briefed about the social and environmental framework being prepared for the project, and the key elements of the document, including identification of possible impacts, and suggestion of mitigation measures. Participants spoke of how they wanted to support community led development, but were frustrated at the non-functionality of local governments, and the fact that they had limited powers and no funding streams. The few women participants were questioned on how they could mobilize women in the NMDs, and they felt that if women VC members were to get support from the project, or from NGOs, they could help in this regard. Another issue which came up repeatedly in the stakeholder consultation with VCs was the need to ensure peace and security in the region. VC members emphasized that no long term development work was possible unless the rule of law is established in the region, and people are able to engage in economic activity freely. This is a pre-requisite for socioeconomic development. 5.1.4 Consultations with Other Vulnerable Groups Consultations were also held with representatives of other vulnerable groups, particularly people with disabilities and the transgender community. These discussions are summarized below. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 5-5 Persons with Disabilities: In a discussion with a leading NGO advocating for the rights of people with disabilities,54 it was mentioned that the National Assembly passed a Disability Rights Act in 2020 which applies to Islamabad Capital Territory, and which decrees that all public buildings must ensure ease of access for disabled persons. A similar law in KP is in draft form, and has yet to be approved by the provincial assembly. Titled the Khyber Pakhtunkhwa Empowerment of Persons with Disabilities Act, 2021 this law is likely to be enacted in the near future. Regardless of the legal status though, it is best practice in public infrastructure works to ensure that buildings are structured such that wheelchair access is provided, along with other facilities such as railings in appropriate places and other measures to assist access of persons with disabilities. RIISP design engineers will be requested to ensure disability access as they design buildings and facilities. Transgender Community: Project consultants spoke to representatives of the transgender community who are active in KP and across the country. The general view was that the transgender community is not very visible in the NMDs, as they are not socially accepted except in certain roles (for example as entertainers in wedding celebrations). Many transgender persons migrate from the region when they reach maturity, and typically either join a community group (or dera) in a big city, or try and get employment in an urban area. As of September 2022, there is an acrimonious debate in the country on the provisions of the Transgender Persons (Protection of Riqhts) Act, 2O18 which allowed persons to self-identify as transgender and get identity documents made accordingly. In this charged atmosphere, the best way to ensure representation of transgender persons in project consultations is to ensure that project workers, particularly those working on social mobilization, are sensitized to the conditions and concerns of the transgender community in the NMDs, and try to maintain contact with them and include them in project consultations. Women: Consultations were held with women in Khyber district, and during the two sessions in Peshawar. It was clear from all consultations that women’s mobility is somewhat restricted in the NMDs, but within tribal and familial constraints, women are eager to access education, better health facilities (particularly with regard to maternal and child health), and are increasingly thinking about employment options, not least because of the challenging economic conditions in Pakistan. In Khyber district, the group of women who attended the consultation were clearly demarcated across age cohorts. Older women said that they had not had opportunities to attend school or to consider employment, but they were unanimous in saying that they wanted their daughters and younger women in general to have such opportunities. The younger women in the group had had some years of education (one young girl was traveling two hours every day to attend high school Khyber district headquarters), but most had had to drop out after primary school as there was no middle school nearby. A girl’s middle school was a recurring demand in this meeting. In the consultations in Peshawar, although there were relatively few women attendees, they were quite vocal and felt that even in the conservative social milieu of the NMDs, there was a distinct change in women’s roles within the household and in society. They saw the local government structures, which allowed for and insisted on women’s representation, as vehicles 54 Discussion with Mr. Muhammad Atif Sheikh and other members of Special Talent Exchange Program (STEP) KPRIISP Page No. Environmental and Social Management Framework (ESMF) 5-6 for change, and felt that women councilors would be able to make significant contributions once the system became functional. They stressed that change should preferably take place within the social norms accepted in the region, but that greater access to education and health were crucial. 5.1.5 Stakeholder Consultations for Resettlement Framework Stakeholder consultations were conducted with provincial and local government stakeholders during the preparation of this Resettlement Framework. Details of the consultations and feedback are provided below: • Provincial Government stakeholders detailed the process of land acquisition in the Newly Merged District (NMDs), which has been duly incorporated into this Resettlement Framework. • Village Council members from the local government expressed reservations on the efficacy of the Qaumi Commission and process followed to establish fair land acquisition rates. This reservation has been addressed in the Resettlement Framework. • Village Council members provided feedback and agreement on using Voluntary Land Donation (VLD) for construction of village level infrastructure, expressing that this system is likely to be accepted by the community. 5.2 KEY STAKEHOLDERS The key stakeholders identified for the project are communities in the project area, local government representatives, and government officers in implementing parties. NGOs and other community based organizations will also be stakeholders in RIISP in addition to research institutions who work on the NMDs, and media outlets who regularly report on the region. It is particularly important to understand whether project impacts may disproportionately fall on disadvantaged or vulnerable individuals or groups, who often do not have a voice to express their concerns or understand the impact of a project. For this project, the vulnerable or disadvantaged groups (based on access and voice perspective) may include, but are not limited to women, persons with disabilities, internally displaced persons, Afghan migrants and refugees, religious minorities and others. The detailed SEP highlights methods to involve citizens voices and feedback and suggests different measures of engagement. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 5-7 6 POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS AND THEIR MITIGATION 6.1 GENERAL This chapter identifies the beneficial as well as the potentially significant adverse environmental and social risks and impacts envisaged during planning & design, construction / implementation and operation /completion phases of the proposed project on the physical, ecological and socio-economic domains. The appropriate mitigation and remedial measures of each environmental and social impact are also proposed in this chapter keeping in view the mitigation hierarchy. The risks and generic mitigations proposed will guide the preparation of and be elaborated in site-specific ESMPs. 6.2 ENVIRONMENTAL AND SOCIAL SCREENING The environment and social risks of the proposed Project are assessed to be moderate55. The components of proposed Project, which may have adverse E&S impacts, are: a) Sub-Component A1: Multi-Sectoral Infrastructure: Agriculture (Gully Plugging Check Dam, Earthen Water Reservoir, Terracing, Water Ponds, Flood Protection Bund, Diversion Structure, Retaining Walls, Delay Action Dam, Micro Watershed Development and other schemes, Irrigation (Tubewells, Solarization of Tubewells, Check Dams & Water Reservoirs, Lining Irrigation Channels, Small Dams, flood Protection and other schemes), Public Health (Drinking Water Supply Schemes (gravity flow water supply schemes, water pumping stations, development of tube wells ), Sanitation Schemes and other schemes), Rural Roads (Rural Roads and Solid Waste Management Facilities); b) Sub-Component A2: Administrative and service delivery infrastructure (District Complexes, Sub-Divisional Complexes, Missing Facilities in FRs); c) B2 Conditional and Performance Based Grants for VCs (Footpaths, Paving Works, Lighting, Community Hall/VC Offices and Community Water Supply Points, among others.); d) B3. Public Administrative Service Facilities (TMA offices along with service centers in NMAs and FRs); and e) C1. Emergency Flood Rehabilitation and Response in KP (Roads, Bridges, Public Buildings (Schools, Basic Health Units, Irrigation Infrastructure etc.). The ESMF has accordingly assessed the potential impacts for these types of subprojects and suggests the generic mitigation measures. The impact assessment, revealed that most of these potential impacts are temporary, localized in nature with low to moderate 55 PAD May, 2022. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-1 severity, and are largely reversible. Further, with the help of appropriate mitigation and control measures, most of these potential impacts will either be avoided altogether, or their likelihood of occurrence and severity will be reduced, thus making these schemes environmentally responsible and socially acceptable. Since the exact nature, extent, and location of these subprojects are not known at this stage. Potential impacts of a generic nature for the subprojects, having E&S impacts, have been screened using the below mentioned checklist, refer Table 6.1. Table 6.1: Environmental and Social Screening of Impacts Screening Questions Yes No Remarks Physical Environment Would the project pose the risk of √ Construction phase activities may have clearance of vegetation that may result an potential to an increase in level of increase in level of suspended solids suspended solids of nearby surface water washing into the rivers / surface water bodies. bodies? Anyhow, all the activities will be monitored by the proposed Project staff team to ensure that proper mitigation measures are being taken and no such activities are carried out that may degrade the environment. Will the proposed Project involve the √ The interventions under the proposed application of chemicals that may have a subprojects may involve the use of negative effect on the environment or chemicals. The excessive use of chemicals human health? may cause contamination of soil and water thus posing health hazards for the nearby communities and surrounding environment. Would the proposed Project pose a risk of √ Excessive use of chemicals, generation of contaminating drinking water sources liquid and solid wastes may have potential to affect the groundwater quality. These chemicals if not handled properly, may be leached by precipitation of water and percolate to the groundwater table. Would the proposed Project deplete the √ The interventions under the proposed groundwater? subprojects will help to raise the groundwater level. Would the proposed Project result in an √ Temporary impact due to certain increase in the level of dust and construction activities under the proposed particulate matter in the air surrounding subprojects may generate dust and the site? particulate matters. However, these are temporary, site specific and largely reversible in nature and can be mitigated through monitoring and appropriate mitigation measures provided in this ESMF. Would the proposed Project increase the √ Temporary impact due to certain ambient noise level and vibrations? construction activities under the proposed KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-2 Screening Questions Yes No Remarks subprojects may increase the ambient noise level and vibrations. However, these are temporary, site specific and largely reversible in nature and can be mitigated through monitoring and appropriate mitigation measures provided in this ESMF. Would the proposed Project include √ The proposed subprojects may change the above ground installation that may alter landscape of the area up to some extent. the views to, from or beyond the site? Would the proposed Project result in the √ Small-scale vegetation clearance may be clearance of the vegetation that may required subprojects. However, after increase soil erosion? completion, the proposed subprojects help to reduce the soil erosion through micro watershed development, terracing, retaining walls, small dams, gully plugging check dam etc. Would the proposed Project affect √ Agriculture land may potentially be affected agricultural land? during the construction activities carried out under the subprojects within or near the agriculture lands. Would the Proposed Project lead to √ During the construction phase of terracing, landslides hazard? it is expected to have minor land sliding issues, while after completion of construction it will help to resist the land sliding hazards. Will the proposed Project result in √ Considering the nature and small scale of significant greenhouse gas emissions or the activities, the proposed subprojects are exacerbate climate change? not expected to generate significant GHGs, however, movement of construction machinery, diesel generators etc. may release minimal amount of GHGs. Would the proposed Project potentially √ The proposed subprojects activities during result in the generation of waste (both the construction phase are not expected to hazardous and non�hazardous)? generate significant hazardous waste materials; however, limited generation of non-hazardous waste could be expected. However, both hazardous and non� hazardous wastes will be handled and managed through monitoring and implementation of mitigation measures provided in this ESMF. A designated site will be specified for disposal of solid waste/debris etc. Does the project include activities that √ Considering the nature and small scale of require significant consumption of raw the proposed subproject activities, the materials, energy, and/or water? proposed interventions are not expected to use significant amounts of water, energy or KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-3 Screening Questions Yes No Remarks other raw materials from natural resources. Due diligence for use of raw material like sand, cement aggregates for civil works from approved suppliers to avoid any conflict and depletion of community resources will be undertaken. Ecological Environment Would the proposed Project potentially √ Proposed subprojects activities are not cause adverse impacts to habitats (e.g. expected to impact the biodiversity as the modified, natural, and critical habitats) construction and rehabilitation activities will and/or ecosystems and ecosystem be carried out in already transformed area. services? The screening criteria has been developed in the ESMF to avoid the selection of subproject sites located in or near the vicinity of any critical and natural habitat (including protected areas or other sensitive habitats). As such, the interventions shall not be carried out in any natural habitats and critical habitats. Would the project activities pose risks to √ No impact on endangered species is endangered species? anticipated due to the proposed subprojects. Any project close or adjacent to any √ The interventions under the proposed mangroves, estuarine, wetland or subprojects will not be carried out within or protected area? adjacent to any mangroves, estuarine, wetland or protected areas. Social Environment Would the project potentially involve √ The proposed subprojects will not involve temporary or permanent and full or partial any involuntary land acquisition. physical displacement? Are indigenous peoples present in the √ No indigenous people are found in the Project area (including project area of Project Area. Pakistan’s only recognized influence)? Any health impact to them? Indigenous Peoples, the Kalash, live in 3 valleys in Chitral district of KP province, and Chitral is not included in the proposed Project Area. Does the proposed Project pose high risk √ Occupational Health and Safety (OHS) to the workers/laborers? risks are expected due to health and physical hazards associated with civil works and low awareness/experience amongst employers/workers to identify and manage risk. Will the proposed Project result in √ At this stage since the Project footprints are interventions that would potentially not finalized, proposed interventions might adversely impact the religious / cultural be located in areas and locations that may heritage sites / values? negatively affect local cultural properties and/or historical sites. Such possibilities KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-4 Screening Questions Yes No Remarks are considered remote because of the small-scale interventions. Would the proposed Project pose √ During construction phase, the proposed potential risks to community health and subprojects may expose communities to safety due to the transport, storage, and minor health and safety risks, especially if use and/or disposal of hazardous or there are communities that are immediately dangerous materials? close to the construction sites and activities while transporting, storing and disposal of waste. Subproject activities are not expected to generate significant hazardous waste materials; limited generation of non- hazardous waste could be expected. Would the project result in potential √ The proposed subprojects may have increased health risks (e.g. from water� potential to spread the water�borne or other borne or other vector�borne diseases or vector�borne diseases or communicable communicable infections such as infections such as HIV/AIDS, COVID-19. HIV/AIDS, COVID-19)? Will the labor be able to secure fair √ The proposed Project will generate remuneration and safe work conditions employment opportunities, including for women, but this will only benefit the labor if the remuneration offered is a fair rate, preferably above minimum wage, and if work conditions are safe and secure for all workers, particularly women. Is there a danger of child labor being √ The proposed Project will adhere to employed on the proposed Project national labor laws and WBG standards concerning labor conditions, including child labor. The proposed Project will not allow children below the age of 14 to work on any subproject sites. 6.3 POTENTIAL POSITIVE IMPACTS The positive impacts due to the proposed Project are mentioned below: • Overall, the proposed Project is anticipated to have positive environmental and social benefits, through investments in improved infrastructure and basic services in the Project areas; • The proposed Project will contribute in reducing poverty in the NMDs and FRs through improving key social and economic outcomes for the local population; • Around 4.5-5.5 million people living in the NMDs and FRs will directly benefit; • Around 35.5 million people living in the province of KP will indirectly benefit through the establishment of local institutional systems; • The proposed Project will generate substantial incremental economic benefits from different benefit streams. Subprojects in the water and sanitation sector are expected KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-5 to improve water reliability and quality, reduce technical leakages, save time accessing water, especially for women, and produce health benefits; • Improved quality of potable water, including increased provision of disinfection; • Investments in small scale energy projects is expected to generate cost savings, improve power supply, and promote social and environmental benefits from reduced CO2 emissions; • Rural roads are expected to improve connectivity to provincial roads and decrease the travel time for users and transport goods and services. In addition, congestion, vehicle operating costs, and accidents will likely decrease; • The subprojects in the irrigation sector will help increase farmer income and stimulate economic development; • The construction of integrated multi-service delivery complexes in the NMAs and FRs will drastically reduce the cost of accessing services for beneficiaries. Investments in community development at district and village levels will help in to address infrastructure gaps in critical public service delivery. • The integrated multi-service delivery complexes constructed will incorporate resilient standards and would utilize green and energy efficient standards. In addition, multisectoral infrastructure investments will incorporate climate resilience into designs and investments financed at the VC level would incorporate resilience and encourage adaptation and mitigation to climate risks. Apart from positive impacts, there are some potential adverse environmental and social impacts on the environment. The proposed subprojects are divided into three phases i.e. planning and design phase, construction / implementation phase and O&M phase. The planning and design phase includes all stages before the construction / implementation phase (i.e. site investigation works including topographical, seismic studies, etc.); construction / implementation phase includes all stages from mobilization of Contractor (s) / Subcontractor (s) to the completion of Project and O&M/ implementation phase starts after the construction / implementation phase which includes the inspection and repair works. Adverse impacts envisaged during the above-mentioned three phases of the proposed Project along with their proposed remedial or mitigation measures are detailed in the following sections 6.4 POTENTIAL ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES 6.5 ENVIRONMENTAL IMPACTS AND MITIGATION DURING PLANNING AND DESIGN PHASE The following is the brief description of impacts envisaged and the recommended mitigation measures during planning and design phase. 6.5.1 Technical Design and Layout Planning Potential Impacts KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-6 Incompatible layout plan and engineering design of the proposed subprojects structures (under subcomponent A1, A2, B2, B3 and C1) can undermine the overall aesthetic beauty, ambience of the subproject areas and poor ventilation, low air circulation and reduced sunlight. In addition, low utilization of the available spaces and designing the structures without considering the prospective and futuristic needs can result in structures with low social acceptability and functionality. Similarly, during the construction phase locals may also face problems due to temporary interruptions. This impact is medium adverse in nature. Mitigation Measures • The technical design of the proposed subproject must consider all the above- mentioned factors for the final design and should meet all the local and international standards; • The Proponent must review and validate all the design considering the possible impacts (as mentioned) before the start of construction of proposed subprojects; • Only shortlisted/pre-qualified primary suppliers should be hired for the supply of construction materials and ensure proper monitoring; • Appropriate measures must be considered to facilitate the locals so that they can perform their routine works; • Ensure appropriate distance from the site boundaries (for solid waste management facility) to any residential and/or recreational areas, waterways, water bodies and other agricultural or urban sites. Ensure compliance with World Bank Group EHS Guidelines for Waste Management Facilities; • Prevent water from entering the landfill body (solid waste management facility) by building suitable berms around the site, collection and treatment of contaminated water and leachate, provide a bottom liner (not allowing contaminated water to infiltrate the groundwater) and ensure appropriate measures to control the accumulation and migration of landfill gases; • Visual impacts should be minimized by evaluating locational alternatives; • The risk of flooding, landslides on the site and protection of the nature and/or existing cultural heritage sites in the area must be consider; and • Relevant legislations, conventions, ESSs (ESS 2,3,4) and guidelines must be respected. Residual Impact: Considering the above mitigation measures, the significance of impact will be Low adverse. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-7 6.5.2 Building Safety Potential Impacts a. Electrical Hazards The staff of the proposed buildings may be exposed to electrical hazards include shocks, fires and burns caused by faulty electrical wiring, unsafe installations, frayed cords, substandard power trips, and defective equipment. Mitigation Measures • Appropriately grounded and double insulation of every single piece of equipment, machine, and device should be kept in the design; • Proper installation checks and periodic maintenance by a competent electrician should be planned; and • All power strips should be planned in the design to place in well-ventilated areas for adequate heat dispersion. • Mains power distribution systems should include circuit breakers with ground-fault protection 6.5.3 Fire Fighting System Potential Impacts Inefficient firefighting system may cause severe damage to the project buildings. Non- provision of escape routes and firefighting arrangements in the layout design of the building may take a heavy toll in case of outbreak of any emergency. This impact is medium adverse in nature. Mitigation Measures • The firefighting pump should be designed to maintain constant pressure in the system; • Fire hose cabinets should also be provided at different locations; • A separate fire alarm system should also be installed with necessary battery backup systems; • Following provisions for fire safety shall also be made during the design phase: o The number of emergency exits; o Assigning of special number to be dialed to inform about the fire to emergency response team; o System required to detect fire; and o Alarms required for warning. Residual Impact: Considering the above mitigation measures, the significance of impact will be Low adverse. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-8 6.5.4 Natural Hazards Potential Impacts Khyber Pakhtunkhwa is prone to natural disasters, primarily earthquakes and floods. These disasters tend to compound the problems faced by the province’s vulnerable communities, who are already contending with poverty, food insecurity, and limited supply of health, education, and other essential services, particularly in the NMDs. The effects of climate change and environmental degradation (such as deforestation) also increase the risk of severe adverse impacts due to natural hazards. The NMD rank relatively low to compounded exposure risks to climate change when compared with other areas of KP. However, NMAs and FRs are frequently drought-affected, and include the most severely impacted districts in KP, particularly in the southeast. The provincial capacity to respond to natural disasters is also limited, particularly in the more remote regions. This impact is high adverse in nature. Mitigation Measures • An Emergency Response Plan (ERP) will be prepared and implemented by the Contractor, guidelines for the preparation of ERP is attached as Annex- C; • The design of interventions under the proposed subprojects (where applicable) will take disaster risk reduction into consideration, and will employ approaches to improve disaster resilience through supported infrastructure investments where possible; and • The climate change risks will be addressed in the following ways: (i) administrative facilities constructed will incorporate resilient standards and would utilize green and energy efficient standards; (ii) multisectoral infrastructure investments will incorporate climate resilience into designs; and (iii) investments financed at the VC level would incorporate resilience and encourage adaptation and mitigation to climate risks. Residual Impact: Considering the above mitigation measures, the significance of impact will be medium adverse. 6.5.5 Seismic Hazard Potential Impact The proposed Project area is located in Seismic Zone 2A (moderate hazard), 2B (moderate hazard) and 3 (high hazard), representing peak horizontal ground acceleration from 0.8 to 0.16 g, 0.16 to 0.24 g and 0.24 to 0.32 g respectively. In these Zones, designing of various types of structures shall be done on the basis of Peak Ground Acceleration (PGA). A high intensity earthquake can adversely impact (where applicable) the proposed developments (such as land sliding, lateral spreading may result in opening large cracks and can cause significant damage to buildings, roads, trees and public utilities, structures may experience cracks in walls, cracking of foundations). The impact significance is medium adverse. Mitigation Measures KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-9 • The structures under the proposed subprojects shall be designed and constructed to withstand earthquake hazards considering the peak ground acceleration of the area; and • To mitigate the seismic hazard, Seismic Building Code of Pakistan 2007 (SBC-07) needs to be adopted. This code specifies minimum requirements for seismic safety of structures and has to be applied, and used by design engineers in conjunction with the necessary understanding of the concepts of structural geotechnical and earthquake engineering. Residual Impact: Considering the above mitigation measures, the significance of residual impact is expected to be low. 6.5.6 Flora Potential Impacts The interventions under the proposed subprojects (under subcomponent A1, A2, B2, B3 and C1) will be carried out in already transformed/ cultivated area. As such the interventions shall not be carried out in any natural habitats and critical habitats. However, activities such as clearing of subproject sites (for linear and nonlinear), clearing of sites for establishment construction camps56 and mobility of construction machinery may damage the local agriculture land/vegetation/trees. It is initially estimated that approximately 2,000 of trees / saplings including fruit trees (if any) may be affected57. The provided number of trees is approximate and tentative which needs to be verified with the help of Forest and Agriculture departments during the detailed design stage upon the finalization project footprints. The risk and significance of the impact on flora from subprojects construction activities is considered from medium to low. Mitigation Measures • Sites, for the installation of construction camps (if required) and mobility of construction machinery should be properly planned to avoid or minimize the cutting of trees/shrubs/herbs and loss of agriculture land; • Incorporate technical design measures to minimize removal of trees and loss of agricultural land; • NOC from KP, Forest Department is mandatory prior to start cutting of trees (if required / as per advice of Environmental Specialist); • A tree plantation program shall be formulated with the recommendations and technical support of concerned Forest Department. Compensatory plantation will be carried out with a ratio of five trees for each tree fell/cut (Tree Plantation Plan is attached as Annex- D); 56 Mostly the local labor would be hired due to small works, the establishing regular construction camps by the contractor(s) is unlikely. However, given measures would be taken, if needed KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-10 • Plant species suitable/indigenous for the area will be planted at the onset of monsoon season with the help of Forest Department and proper monitoring will be carried out to ensure their survival and growth; • The Forest Department and agriculture department shall involve the communities for carrying out plantation; • No subproject should be located within environmental sensitive area. Moreover, the Contractor will ensure that any surplus construction waste disposal sites are not located in or in close proximity to the natural and critical habitats; and • Relevant legislations, conventions, ESSs (ESS-6) and guidelines must be respected. Residual Impact: With the help of the above mitigation measures, the residual impact is likely to be low significant. 6.5.7 Fauna Potential Impacts The movement of construction machinery and installations of construction camps (if required) may increase the ambient noise level and habitat loss of domestic fauna (avi-fauna, reptiles, rodents, etc.) is expected. The routes of the available wildlife and other habitats may also be affected due to construction camps set-up and movement construction machinery. However, no interventions shall be carried out in any natural habitats and critical habitats. The impact significance is medium adverse. Mitigation Measures • The sites for the constructions camps (if needed) will be carefully selected considering faunal habitats and wildlife movements and routes (if any) of the area; • Ensure the compliance with NEQS; • Waste management plan of the camps must be considered at the planning stage to prevent damage to wild animals and birds; • Extreme care should be taken to avoid mature trees and specially those providing nesting habitat to avifauna; • Proponent must take NOC from the relevant department prior to construction phase if any ecological sensitivity reported later; and • Relevant legislations, conventions, ESSs (ESS-6) and guidelines must be respected. Residual Impact: With the help of the above mitigation measures, the residual impact is likely to be low significant. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-11 6.6 POTENTIAL ENVIRONMENTAL IMPACTS AND MITIGATION DURING PROJECT CONSTRUCTION / IMPLEMENTATION The following is the brief description of impacts envisaged and the recommended mitigation measures during construction / implementation phase. 6.6.1 Soil Erosion and Contamination Potential Impact The proposed interventions and associated activities (subcomponents under A1, A2, B2, B3 and C1) will potentially involve some excavation, quarrying/creation of borrow areas (potential sources of mosquito breeding and may prove hazardous to human beings, livestock and wildlife), land clearing, and land leveling/grading. These activities can disturb and destabilize the surrounding soil, making it more susceptible to erosion due to wind or rain, and degrading its quality. This can also increase the chance of landslides which can put communities’ down- slope of subproject sites at risk of serious injury or death, and loss of assets and livelihoods. Erosion can also lead to silt runoff which can accumulate in nearby water bodies if inappropriately disposed and cause blockages in rainwater and municipal drainage systems. These risks are especially relevant in the remote/hilly areas of the province, many of which fall within the NMDs. Whereas, contamination of soil may be caused by solid waste generated such as excavated soil, residual from construction material and equipment cleaning (oily rags, used oil, worn out spare parts etc.) and domestic solid waste from labor camp. These impacts are expected to be limited to the immediate vicinities of subprojects. This impact is medium adverse negative in nature. Mitigation Measures • Subproject sites will be selected to avoid or minimize vegetation removal/clearing which would accelerate erosion and increase landslide risk; • Sites disturbed by construction activities will be restored to their original conditions upon completion of construction work and photographic record will be maintained to ensure pre-post subproject conditions intact; • The topsoil stockpile will be secured with plastic. Following construction, the topsoil will be applied evenly to the site during the restoration process. The topsoil will be properly compacted and stabilized to prevent erosion and sediment transport; • Landslide risks to down-slope communities will be mitigated by the installation of safety barriers at construction sites, and monitoring and informing down-slope communities of construction schedules, and any weather events that might exacerbate landslide risk. Construction work will be avoided during monsoon to the extent possible; • It will be ensured that no soil is left unconsolidated after completion of work and excess will be disposed of at designated sites; • Storage of fuel, paint, and oil containers, oil filters, oily parts, and oily rags on impervious floor under shade or storing of fuel and lubricants on a sand flooring of at least 6 inches thick done on brick edge flooring lined with polyethylene sheet. Material Safety Data Sheets (MSDS) will be strictly followed; KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-12 • Waste from equipment cleaning and maintenance should be segregated and stored in color-coded containers; • The Contractor will not leave the borrow pits in such a condition that they are unusable and could be filled with rainwater and cause the problems for the community. Training of workers will address the importance of hygienic practices and water borne diseases; • The Contractor will ensure that selected borrow areas are clearly demarcated, including the allowable depth of the excavation, before starting any soil removing and unnecessary excavations will be avoided; • Perennial grasses, sod, shrubs, and trees will be planted to control the runoff on the site; and • Relevant legislation, conventions, ESSs (ESS -3) and guidelines must be respected. Residual Impact: The significance of impact is expected to be low after taking the above- mentioned mitigations 6.6.2 Surface and Groundwater Contamination Potential Impact The surface water may get contaminated due to the surface runoff during construction phase. The subprojects may operate in areas containing important local water resources which may be at risk of contamination from construction site runoff. Runoff is likely to contain oil and other automotive/mechanical fluids, washing of construction equipment and machinery as well as chemicals, sediments and materials used in the construction process. Contamination of local water resources can have adverse impacts on their productivity (as fisheries, for example), and can also pose health and livelihood risks to communities that depend on them for household and agricultural use. Subprojects construction activities may also generate municipal wastewater, particularly in remote rural areas without sewage systems and leachate from solid waste (may percolate to the ground water-table) which can end up contaminating important water resources. There is a probability that various materials like fuel, lubricant oil and other oily products may contaminate groundwater. The impact is medium adverse in nature. Mitigation Measures • The construction activities will preferably be scheduled during non-monsoon season; • Surplus material will be transported from the construction site and no other disposal will be allowed. All the wastes will be collected, stored and taken to approved/designated disposal site; • Spillage of fuel/oils and other construction materials shall be contained with best handling/construction practices and strict skilled supervision; • Appropriate sanitation and water supply facilities will be provided in the labor camps (if establish); • The Contractor will ensure that construction debris does not find their way into the water bodies without proper treatment (as per advise of Environmental Specialist); KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-13 • Construction machinery will be kept in good working condition and will be maintained throughout the duration of construction activities to avoid spills and leaks. Prohibit washing of machinery and vehicles in surface water bodies; • Treating and disposing the sewage in a manner that the soil and water (particularly the drinking water) is not contaminated (e.g., provision of temporary septic tanks, oxidation ponds etc.) and ensure compliance with NEQS or international standards/guidelines, whichever is stringent will be followed (as per advise of Environment Specialist); and • Relevant legislation, conventions, ESSs (ESS -3) and guidelines must be respected. Residual Impact: The significance of impact is expected to be low after taking the above- mentioned mitigations 6.6.3 Chance Findings of Important Physical and Cultural Resources During the course of construction activities, the subprojects may encounter the chance finding of important physical cultural resources. These are defined as: “movable or immovable objects, sites, structures or groups of structures having archaeological, paleontological, historical, architectural, religious, aesthetic, or other cultural significance�. These may be at risk of damage during construction activities, which can result in community unrest and dissatisfaction. This impact is medium adverse negative in nature. Mitigation Measures • Subprojects will be screened for the presence of physical cultural resources prior to commencement of construction work; • If a risk of damaging physical cultural resources is determined, the Contractor shall prepare a detailed Physical Cultural Resources Management Plan (PCRMP). Guidance for this plan, including chance find procedures to be followed is provided in Annex E: Physical Cultural Resources Management Framework (PCRMF); and • Relevant legislations, conventions, ESSs (ESS 8) and guidelines must be respected. Residual Impact: The significance of impact is expected to be low after taking the above- mentioned mitigations. 6.6.4 Traffic Issues Potential Impact Due to the proposed subprojects construction activities and movement of project vehicles for construction material supply, traffic problems may arise for the commuters and transporters travelling to the proposed areas. The problems will include traffic jams, accidents and inconvenience to the public passing through the subproject area. It may also increase traffic load on the existing road network or access roads ultimately deteriorating the existing condition of the roads. The movement of vehicles along the haulage routes will cause soil erosion, debris flow, dust emissions, vibrational impacts, etc. Considering these consequences, this impact can be categorized as medium adverse in nature. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-14 Mitigation Measures To minimize traffic problems in the proposed subprojects area, the following measures will be considered: • Movement of vehicles carrying construction materials and equipment/machinery will be restricted during the night time to reduce traffic load and inconvenience to the local population; • Construction vehicles, machinery and equipment will be parked at designated areas to avoid unnecessary congestion along major roads; • The speed of the vehicles will be controlled (at 15 to 25 km/hr) to reduce the probability of severe accidents, soil erosion, debris flows due to vibrations and dust emissions; • Damage of roads due to construction vehicles will be instantly repaired and/or compensated after the completion of work; • Proper safety signboards will be provided for a smooth flow of traffic; • Period of construction and area / location of construction site shall be informed to public in general and specifically to local residents; • Any closure of the roads (especially main roads) and deviations / diversions proposed should be informed to the riders through standard signs and displays, if required; • Traffic Management Plan (where applicable) will be prepared by the Contractor and implemented to avoid traffic accidents, jams/public inconvenience; and • Relevant legislations, conventions, ESSs (ESS-4) and guidelines must be respected. Traffic Management Plan as part of ESMPs will be prepared based on the guidelines provided in this ESMF as Annex F. Residual Impact: The impact of traffic issues will be low significant after taking the above- mentioned mitigations. 6.6.5 Ambient Air Quality and Greenhouse Gases Potential Impact During construction period, the impacts on air quality are mainly due to material movement and the construction activities causing an increase of emission of carbon monoxide, sulfur oxides, nitrogen oxides, un-burnt hydrocarbons and other greenhouse gases, as well as fine particulate matter. The pollution causing activities during the construction phase are: loading/ unloading and stocking of construction material, transportation of construction and excavated material, diesel generator, construction equipment, vehicles slope cutting (where applicable), site clearance, excavation, concrete batching and concrete mixer. The ambient air quality over the immediate influence area will be affected and the criteria pollutants levels and greenhouse gases in ambient air might increase, over longer distances depending on atmospheric conditions. Emission of greenhouse gases causes global warming and other climatic changes on regional and global scale. Cutting of trees will also reduce the carbon sequestering and overall increase the CO2 content in atmosphere. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-15 These emissions may also have potentially adverse impacts on sensitive receptors located within 500 meters of the construction site. Due to small to moderate scale of construction and frequency of the operation, the impact of emissions is also assessed to be temporary and moderate and is unlikely to have lasting impacts after construction work is complete. Mitigation Measures • In order to reduce the dust emissions in the construction area due to material transport and construction activities, provisions will be made for sprinkling of water in the area where earth filling, excavation and other dust emissions causing activities being carried out. It will be ensured that the construction debris is removed on daily basis; • Construction materials (sand, cement, bricks, gravel etc.) and spoil materials will be transported through trucks covered with tarpaulins. During windy conditions stockpiles of fine material will be wetted or covered with plastic; • In no case, loose earth will be allowed to pile up along the approach roads/ public access areas. • PPEs such as dust masks will be made available to the construction workers at the site to avoid potential health hazards; • Idling of delivery trucks or other equipment will not be permitted during periods of unloading or when they are not in active use; • Open burning of solid waste at construction site will not be allowed; • All vehicles and other equipment used during construction will be properly and regularly tuned and maintained; • Ensure compliance with the NEQS and IFC/WHO guidelines whichever is stringent (as per advice of Environment Specialist); • Diesel generator (if used) should be fitted with acoustic enclosure and stack of appropriate height for the proper dispersion of emission; • Awareness programs of causes and effects of climate change will be conducted for mitigating GHG emissions, ensure plantation of trees and use solar panels where possible; • Regular monitoring of air quality in accordance with the formulated environmental monitoring plan (given in ESMF); and • Relevant legislations, conventions, ESSs (ESS-3) and guidelines must be respected. Residual Impact: The impact will likely to be low after taking the above-mentioned mitigations. 6.6.6 Noise/Vibration Potential Impact Noise and vibration will occur due to the operation of construction machinery and other equipment. The major sources of noise and vibration58 pollution during construction activities 58 According to British Standards of Noise and Vibration, humans are particularly sensitive to vibration with the threshold of perception typically being in the range of 0.14 to 0.3 mm/sec. Peak Particle Velocity KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-16 would be vehicles, construction equipment (concrete mixer, vibrators, bulldozers, excavators, pneumatic machinery, etc.) and generators. During construction phase, the increase in traffic may also lead to increase in noise levels. Noise pollution generated by these activities is likely to have impacts on sensitive receptors located within 500 meters of the construction site. High background noise levels can cause significant disturbance to local wildlife, and have adverse psychological and physiological effects on individuals residing in nearby communities. Significant noise pollution impacts are expected only during the construction phase of activities involving medium to large civil works. The cumulative effects from several machines can be significant and may cause significant nuisances. In all cases, the impacts are likely to be short- term and mitigatable and will not have any lasting effects once construction activities have completed. This impact medium adverse in nature. Mitigation Measures • Construction vehicles and machinery will be kept in good working condition, and be properly tuned and maintained through the duration of construction work with the objective of minimizing excessive noise and vibration; • High noise emitting equipment (if any) will be used during regular working hours (6am to 6pm) so as to reduce the potential of creating a noise nuisance during the night to nearby communities. These equipment will be fitted with noise reduction devices such as mufflers and silencers wherever possible • The vibration from major construction activities such as excavation, compacting, drilling, etc. are considered intermittent and short-term, and likely to be tolerated if prior warning is given to potentially affected residents; • Vibration measurement (if required) will be carried out during construction phase by the Contractor near the settlements/sensitive receptors (as per advice of Environmental Specialist); • Personal Protective Equipment (PPEs) shall be provided and worn by the personnel involved in construction activities and training them in their use; • When possible, noisy construction activities will be displaced from the construction sites to a suitable distance from the nearest sensitive receptors; • Construction schedules will be disclosed to all nearby communities within vicinity of subproject sites prior to commencement of construction work; • The Contractor shall ensure the compliance with NEQS and IFC/WHO guidelines whichever is stringent (as advice of Environment Specialist); • All complaints will be recorded and responded to in a timely and professional manner; and • Relevant legislation, conventions, ESSs (ESS-3) and guidelines must be respected. Residual Impact: The impact will significance will likely to be low after taking the above- mentioned mitigations (PPV) and levels above this may cause annoyance. However, significantly higher levels than this can be tolerated for single short-term events and do not cause annoyance or disturbance to humans. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-17 6.6.7 Construction Camps / Camp Sites59 Potential Impact Improper construction camp location and mismanagement of construction camp activities can lead to various social and environmental impacts which include health and safety, traffic problems, soil degradation, loss of vegetation and assets on the selected land, solid waste and water pollution (may contaminate the water resources) and other physical impacts. Furthermore, cultural differences, behavior of construction workers, potential disregard for local cultural norms can lead to increased tension between local communities and workers residing in the construction camps. This impact is medium significant in nature. Mitigation Measures • Labor Influx Management and Construction Camp Management Plan will be prepared by the Contractor on the basis of Labor Management Procedures (LMP) to be prepared by P&DD and guidelines provided in this ESMF for the preparation of Site Specific Environmental Management Plan (SSEMP) and Site Specific Health and Safety Management Plan (SSHSMP). The Plan will include the camp layout, details of various facilities including supplies, storage, and disposal. The Plan will be submitted to the PMU/PIU for review and approval before camp establishment; • Avoid sitting camps where their presence might contribute to any conflicts with locals; • Site for construction camp will be selected at least 500 m away from the settlements, sensitive receptors and ecological sensitive areas; • Job opportunities for local people will help to minimize tensions caused by different socio-cultural values; • The Contractor will take due care of the local community and observe sanctity of local customs and traditions by his staff. The Contractor will warn the staff strictly not to involve in any unethical activities and to obey the local norms and cultural restrictions; • Include Workers Code of Conduct in the Contract Agreement of the Contractor. Workers and service providers must be trained on cultural sensitivity; • Ensure proper waste management practices including safe handling, storage, collection and disposal of construction/municipal/hazardous wastes (liquid and solid) and the training of workers (as advised by Environment Specialist); • Effluents from the construction camp will be disposed by the development of on-site sanitation systems i.e. temporary septic tanks (if required, as shown in Figure 6.1); • Photographic record will be maintained and ensure removal & rehabilitation of site upon completion of work; 59 Mostly the local labor would be hired due to small works, the establishing regular construction camps by the contractor(s) is unlikely. However, given measures would be taken, if needed KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-18 • Proper monitoring to check the compliance of NEQS will be carried out (as per advise of Environment Specialist); and • Relevant legislations, conventions, ESSs (ESS-2, 3, 4 and 6) and guidelines must be respected. Residual Impact: The impact of significance will likely to be low after taking the above- mentioned mitigations. 6.6.8 Generation of Solid Waste (Construction, Municipal and Hazardous Waste) Potential Impact Different types of waste including construction (waste concrete and asphalt, empty containers, excavated material), municipal (from construction camps) and hazardous wastes (including empty containers of paint, lubricants, grease, fuel oil, electrical wiring, pipis etc.) are likely to be generated during the construction phase of the subprojects and from the Contractor’s Camps which may have potential to serve as breeding grounds for the disease spreading vectors and rodents. Throwing away of solid wastes into water channels may cause blockages in drainage channels, contamination of nearby water bodies, groundwater and soil contamination (render them unfit for plantation). Empty containers containing the toxic, flammable and corrosive materials may pose hazard to the workers. This may result in health risk to work force and public, if disposal site is improperly selected. All these, if left unattended, can become a source of nuisance and environmental pollution in the subprojects area. Discarded materials and equipment may also pose traffic safety risks if left on or near transport routes. This impact is moderate adverse in nature. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-19 Figure 6-1: General Drawing of Septic Tank KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-20 Mitigation Measures • Construction waste will be routinely collected and safely disposed of in clearly demarcated waste disposal sites located near each subproject site following international best practices; • Waste disposal will be carried out following international best practices and will ensure that there are no negative impacts on soil, water bodies, existing waste management systems, transport routes, and aesthetic value of the area; • The debris produced during construction would preferably be dumped at nearby depressions rather than being thrown away and left unattended. Leftover material would not be dumped into storm water drains or watercourses, because such practices can clog these man-made and natural drainage systems and cause many other problems for the residents; • The labor workforce (including community labor) will be trained on the handling, storage, and disposal of construction waste. Burning of waste shall be prohibited; • PPEs shall be provided and worn by the personnel involved in construction activities and training them in their use; • Waste containers with proper color coding will be provided on site to store different type of waste; • Site Specific Solid Waste Management Plans (SWMPs) will be developed and implemented by Contractors; • It will be ensured that no waste or left over construction material is left behind in the cultivation fields; and • Relevant legislations, conventions, ESSs (ESS-2&3) and guidelines must be respected. Residual Impact: The impact significance will likely to be low after taking the above- mentioned mitigations. 6.6.9 Occupational Health and Safety Potential Impact Occupational Health and Safety (OHS) related impacts may arise during construction phase due to the proposed subprojects (subcomponents under A1, A2, B2, B3 and C1), installation of Contractor camps (if required), movement of machinery and manual handling during loading unloading operation, as result of these works there will be a direct impact on the health and safety of all staffs working in subprojects. Eye injury can be caused by stone or metal particles. Hazard of being hit by falling objects, major hand-arm and whole body vibration hazards, skin and respiratory tract irritation from exposure to cement dust, overexertion and awkward postures etc. Other impacts will be falling in trench, contact with electrical and mechanical equipment, equipment failure, uncontrolled movement, unguarded moving mechanical equipment parts, fatigue, unbalanced load, falling objects, hand and head injury, slip and trip hazards, wind / storm activity etc. Operating mechanical and electrical equipment will trigger the OHS issues e.g. struck by moving vehicles or other equipment, slips or trips, struck by flying objects, caught in pinch points, shear points, crush points, falling from machine, exposed to extremely high levels of noise etc. This impact is moderate adverse in nature. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-21 Mitigation Measures • The Contractor will be required to strictly follow Khyber Pakhtunkhwa Occupational Safety and Health Act, 2022 and World Bank Group EHS Guidelines, 2007 (refer Annex K). The Contractor will prepare the site specific occupational health and safety plan in compliance with relevant sections of the WBG General Environmental Health and Safety Guidelines (WBG 2007) and chosen methodology; • Occupational health and safety monitoring programs of the Contractor (s) should verify the effectiveness of prevention and control strategies; • Providing basic medical training to specified work staff and basic medical service to workers; • The Contractor will ensure the provision of medicines, first aid kits etc. at the camp site (if established); • Complying with the safety precautions for the construction workers as per applicable International Labor Organization (ILO) Conventions; • Training of workers in construction safety procedures, environmental awareness, equipping all construction workers with safety boots, helmets, gloves and protective masks, goggles, shields and monitoring their proper and sustained usage; • Moreover, proper planning should be done for food storage, setting up of kitchens, production of sewage and wastewater may result in multiplication of rodents like rats, mice and shrew etc. and vectors like mosquitoes, bugs and flies which will have a negative impact; • All trenches deeper than two meter should be protected with wooden bracing to avoid safety risks to workers, public and nearby buildings and structures; • Ensure that the site will be restricted for the entry of irrelevant people particularly children, disabled and elderly peoples. Ensure the use of safety signs at the construction site; • Ensure the provision of fire prevention and firefighting equipment; • Ensure the provision of training related to emergency prevention, preparedness and response arrangements by the Contractor; • Ensure the provision of PPEs to all workers, visitor and compliance with NEQS; and • Relevant legislations, conventions, ESSs (ESS2) and guidelines must be respected. These requirements will be incorporated into the bidding specification and contract documents, and will be binding on the Contractor, at risk of penalty for noncompliance, as charges to be recovered from Contractor for unsafe act or condition. Guideline for Contractor’s Occupational Health and Safety Plan is attached as Annex N for the preparation of detailed site specific OHS Management Plan by the Contractor’s. Residual Impact: With the help of the above mitigation measures, the residual impact is likely to be low significant. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-22 6.6.10 Community Health and Safety Potential Impact Community health and safety issues during the construction of proposed subprojects (subcomponents under A1, A2, B2, B3 and C1) may include dust, noise, and vibration from construction vehicle transit, and communicable disease associated with the influx of temporary construction labor. The construction activities and vehicular movement at construction sites may result in roadside accidents particularly inflicting local communities who are not familiar with presence of heavy equipment. Quality of groundwater and surface water resources available in the nearby local communities may be affected due to the oil spillage and leakage, roadside accidents, etc. Conflicts may arise between the local community and the construction workers, which may be related to religious, cultural or ethnic differences, or based on competition for local resources. The labor works with different transmittable diseases (HIV/AIDS, COVID-19, etc.) may cause spread out of those diseases in the locals of nearby community. The impact significance is moderate adverse. Mitigation Measures • The Contractor will prepare the site specific community health and safety plan in compliance with relevant sections of the WBG General Environmental Health and Safety Guidelines (WBG 2007), chosen methodology and will be required to strictly follow; • Ensure that the site will be restricted for the entry of irrelevant people particularly children, disabled and elderly peoples. Ensure the use of safety signs at the construction site; • Providing basic medical training to specified work staff and basic medical service and supplies to workers; • There will be proper control on construction activities and oil spillage leakage of vehicles; • The laborers with different transmittable diseases will be restricted within the construction site; • Efforts will be made to create awareness about road safety among the drivers operating construction vehicles; • Timely public notification on planned construction works; • Close consultation with local communities to identify optimal solutions for diversions to maintain community integrity and social links; • Seeking cooperation with local educational facilities (school teachers) at each village along the route for road safety campaigns; • Provision of proper safety and diversion signage, particularly at sensitive/accident- prone spots; • Setting up speed limits in close consultation with the local stakeholders; • The mitigation measures provided in the following sub-sections for air and noise shall be adopted to reduce the air pollution, noise pollution and vibrational impacts on nearby community; KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-23 • Ensure effective implementation of GRM to timely address the issues; • The communicable disease of most concern during construction phase, like Sexually-Transmitted Disease (STDs) such as HIV/AIDS, COVID-19 will be prevented by successful initiative typically involving health awareness; education initiatives; training heath workers in disease treatment; immunization program and providing health service. Guidelines to combat with COVID-19 are attached as Annex-J; • All workers must perform complete sanitization at the site as per updated / latest SOPs/guidelines issued by WHO and the national guidelines issued by the GoP60; • Ensure prevention of larval and adult propagation of vectors through sanitary improvements and elimination of breeding habitat near to human settlements and by eliminating any unusable impounding of water; and • Contractor will take due care of the local community and observe sanctity of local customs and traditions by his staff. Contractor will warn the staff strictly not to involve in any unethical activities and to obey the local norms and cultural restrictions. Any environmental condition that is disagreeable to the public and causes an avoidable nuisance can be addressed with additional provisions over and above those described above. These requirements will be incorporated into the bidding specification and contract documents, and will be binding on the contractor, at risk of penalty for noncompliance, as charges to be recovered from contractor for unsafe act or condition. Guideline for Contractor’s Community Health and Safety Plan is attached as Annex L for the preparation of detailed site specific H&S Management Plan by the Contractor. Residual Impact: With the help of the above mitigation measures, the residual impact is likely to be low significant. 6.6.11 Flora Potential Impact Construction activities related to the subprojects (including associated activities, such as the excavation, clearing of land, establishment of labor camps, quarries, and borrow areas) may have the potential to adversely impact floral species of the areas, particularly due to vegetation removal. During the construction dust laden polluted air will form a dust film on leaves thus blocking sunshine and stomata consequently hindering photosynthesis processes causing detrimental effect on the plant health. Exhaust of noxious gases from movement of heavy machinery will further pollute air, which will adversely affect health and vigor of plants. Increased labor and other activity in rural areas supported by the subproject may also lead to an increase in incidents of illegal harvesting of natural resources. The Contractor’s workers may also damage and cut the ornamental plants and trees, for use as fire-wood to fulfil their requirements. This impact is moderate adverse in nature. 60 https://covid.gov.pk/guideline KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-24 Mitigation Measures • Subproject sites will be chosen and planned to minimize vegetation removal and land clearing; • Any vegetation removal or land clearing will be approved by the appropriate Government departments. No Objection Certificate (NOC) must be obtained from concerned Forest / Agriculture Department (where required); • Subprojects will not be implemented inside protected areas or other ecologically important or sensitive areas; • Compensatory planting of ten trees against each fallen tree of similar floral function will be planned (as per one ratio ten); • The tree plantation program will be implemented in the subproject areas and may prefer the prevalent indigenous species of plants (attached as Annex-D); • To minimize the dust emissions, regular water sprinkling will be strictly followed; • The Construction camps will be established on barren land. However, if such type of land is not available, it will be ensured that minimum clearing of the vegetation occur; • The Contractor’s staff and labor will be strictly directed not to damage any nearby vegetation such as trees or bushes; • Construction vehicles, machinery and equipment will remain confined within their designated areas of movement; • Contractor will provide gas cylinders at the camp sites for cooking and heating purposes and cutting of trees and bushes for fuel will not be allowed; • Ensure compliance with the NEQS and IFC/WHO guidelines whichever is stringent (as per advice of Environment Specialist); and • Relevant legislations, conventions, ESSs (ESS-6) and guidelines must be respected. Residual Impact: With the help of the above mitigation measures, the residual impact is likely to be low significant. 6.6.12 Fauna Potential Impact During construction phase the existing population of mammals and reptiles of the subproject areas will be affected due to disturbance arising from construction activities involving excavation, movement of machinery, movement of labor, establishment of construction camps, borrow areas, etc. The existing animals may leave the directly affected areas due to construction activities and human intervention. Some animals particularly reptiles may get killed during the earthworks operations. Moreover, the movements of the mammals and reptiles will be restricted during the construction phase. Birds as well will tend to move away from the construction areas and find shelter and food elsewhere due to the activities mentioned above for fear of being hunted / trapped. Noise and vibration generated from construction machinery will even scare the wildlife residing in habitats located at some distance from the construction areas. Food and waste at the Contractor’s camps (if established) may attract animals that might in turn be hunted by the workers. This impact is moderate adverse in nature. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-25 Mitigation Measures • The camps will be properly fenced and wastes generated from camps will be properly disposed of for avoiding purposely or chance killing of animals; • Staff working on the subproject will be given clear orders, not to shoot, snare or trap any faunal specie; • During construction care should be taken to avoid mature trees and specially those providing nesting habitat to avifauna; • The speed of construction vehicles should be limited to in certain limits to avoid killings of reptiles and other fauna. If there is any specie and habitat found of special concern, Wildlife department should be informed to take care of asset; • Hunting, poaching and harassing of wild animals and birds shall be strictly prohibited, and Contractor shall be required to instruct and supervise its labor force accordingly and clear orders should be given in this regard; • Provision of culvert for the movement of different faunal species may be provided (where required); • Borrow pits will be fenced to avoid the falling of animals; • Special measures shall be adopted to minimize impacts on the wild birds, such as avoiding noise generating activities during the critical periods of breeding and near to the nesting area. The tree cutting (where applicable) shall be carried out during the non-breeding; • The labor workforce (including community labor) will be trained on the handling, storage, and disposal of construction waste. Burning of waste shall be prohibited; • Site Specific Solid Waste Management Plans (SWMPs) will be developed and implemented by Contractors; • Noise generating activities shall not be carried out during the night by the work force, clear orders should be given; • Noise vibration produced by the construction activities may be kept to acceptable level as per NEQS or IFC/WHO guidelines /other international best practices (whichever is stringent, as per advice of Environmental Specialist); • The subprojects shall be completed timely to reduce the impacts; and • Relevant legislations, conventions, ESSs (ESS-6) and guidelines must be respected. Residual Impact: The significance of impact is likely to be low adverse after taking the above- mentioned mitigations. 6.7 POTENTIAL ENVIRONMENTAL IMPACTS AND MITIGATION ON OPERATION / COMPLETION The anticipated environmental and social impacts related to the proposed subprojects have been studied for the operational / completion phase as discussed hereunder. 6.7.1 Ambient Air Quality and Climate Change Aspect Potential Impact During operation phase, operation of stand-by generator and un-necessary idling of diesel run will also result in the emission of pollutants (CO, Smoke, NO2, SO2, PM2.5 and PM10 etc.) into KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-26 the air, thus deteriorating air quality. Ambient Air quality may also be affected during the maintenance works of subprojects. Improvement in rural road condition / pavement of streets will help reduce traffic related emissions by allowing a smoother traffic flow. These emissions may adversely affect the health of the nearby residents and working staff. This impact is moderate in nature. Mitigation Measures • Ensure the use of low Sulphur fuel; • Ensure plantation of trees around the subproject areas that will help in absorbing the emissions; • The height of the generator stacks shall be enough to disperse the emissions in the air; • Use of solar panels instead of fuel generator to conserve energy; and • Provision of budget for regular monitoring of ambient air quality in accordance with stringent environmental quality standards / guidelines (NEQS and IFC/WHO guidelines); and • Relevant legislations, conventions, ESSs (ESS-3) and guidelines must be respected. Residual Impact: With the help of the above mitigation measures, the residual impact is likely to be low significant. 6.7.2 Noise and Vibration Potential Impact During operation phase, noise and vibration levels may be increased due to the standby generators and traffic which will be a constant source of nuisance to the nearby communities. Ambient noise levels may also be increased during the maintenance works of subprojects (A1, A2, B2, B3 and C1). The significance of this impact is considered to be low adverse. Mitigation Measures • Ensure regular maintenance and periodic checking all parts of the standby generators, replacement in case of malfunctioning and periodic noting of noise levels; • All generators will be housed in closed rooms or buildings particularly for water supply schemes; • Installation signs to disallow the use of pressure horns; • Provision of budget for regular monitoring of ambient air quality in accordance with stringent environmental quality standards / guidelines (NEQS and IFC/WHO guidelines); and • Relevant legislations, conventions, ESSs (ESS-3) and guidelines must be respected. Residual Impact: With the help of the above mitigation measures, the residual impact is likely to be low significant. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-27 6.7.3 Water Supply Schemes Potential Impact There are certain environmental risks from the operation of the water supply system i.e. temporary flooding of adjacent areas due to accidental leakages, bursts and blockages of lines etc. Any accidental leakages and overdosing of disinfectant may cause severe health impact to the worker and end users as well. The health impacts associated with overdosing of chlorine are skin irritation, digestive problem, etc. It also causes corrosion in distribution networks. Moreover, the leakage water from these pipes may get contaminated by the nearby sewer line and carry fecal coliform along with other pollutants which can damage human health and contaminate the soil as well as groundwater resources. This impact is medium negative in nature. Mitigation Measures • Ensure regular inspection of the condition of water structures and identifying areas that need repair and maintenance comprising cracked and deteriorating pipes; leaking joints; frequent line blockages; lines that generally flow at or near capacity; and suspected infiltration or exfiltration; • Maintain records; review previous water maintenance records to help identify “hot spots� or areas with frequent maintenance problems and locations of potential system failure, and conduct preventative maintenance, rehabilitation, or replacement of lines as needed; • Develop an Emergency Response System for the water system leaks, burst and overflows; • Provide necessary health and safety training to the staff; • Develop standard operating procedures for operation and maintenance of water main supply, and provision of sufficient O&M staff in annual budget; • Regular monitoring of chlorine dosing as per recommended values; • Safety protocols related to disinfectant process will be defined and communicated to the worker responsible to the chlorination process; and • Development of a system to register public complaints and urgent clearance of blockages in the system. Residual Impact: With the help of the above mitigation measures, the residual impact is likely to be low significant. 6.7.4 Enhanced Use of Pesticides Potential Impact The subprojects supported interventions (water ponds, reservoirs, small dams, irrigation channels etc.) that would increase the water supply efficiency and the amount of water availability per farmer/unit area that may lead to increase application of fertilizers/pesticides by the farmers for crop intensification or bringing fallow/waste land back into cultivation. Extended and indiscriminate use of pesticides has resulted in pest outbreaks as well as negative effects on people working in the agricultural fields and the surrounding environments. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-28 Pesticide use also disturbs the agro�ecosystem and kills non�target bio�control agents and environment friendly organisms. Some of other side effects including the contamination of soil, water and chemical residues in the food chain, sickness incidence of pesticide applicators, sickness in women cotton pickers, industrial worker poisoning, irrigation and drinking water, generation of toxic solid waste etc. This would be an impact of high significance. Mitigation Measures • Awareness program should be conducted to avoid the inhaling pesticide emissions, handling and PPEs, destruction and removal of the empty packages, regular medical checkup, soil contamination etc.; • Containers that have held pesticide formulations classified as highly hazardous or extremely hazardous must not be reused; • Under certain conditions, containers of pesticide formulations classified as slightly hazardous or unlikely to present acute hazard can be reused for purposes other than the storage of food, drink or animal feed; • Concerted efforts by the Agriculture Department to disseminate information regarding sustainable use of fertilizers will help in keeping the use at an optimal level; • Use of restricted pesticides identified by WHO shall not be allowed; and • Relevant legislations, conventions, ESSs (ESS-3) and guidelines must be respected. Residual Impact: The impact related to enhanced use of pesticides will likely to be moderate to low significance after taking the above-mentioned mitigations. 6.7.5 Reduced Groundwater Recharge Potential Impact The improvement of irrigation channels for conserving the water may potentially reduce the groundwater recharge61 thus affecting the groundwater source for the local population. The seepage from the irrigation network and the cultivation fields is among the major sources of recharge to this valuable natural water storage. The impact is moderate adverse in nature. Mitigation Measures • One of the design criteria is to limit the irrigation channels lining to 50 percent of the total length in the areas with available groundwater. This will ensure adequate groundwater recharge from the remaining places; • In addition, the Department should utilize the results of the groundwater studies being carried out by different organizations in the Country. This would help understand the actual impact of the improvement of irrigation channel lining on the groundwater table; and • Relevant legislations, conventions, ESSs (ESS-3) and guidelines must be respected. Residual Impact: The significance of impact will likely to be low after taking the above- mentioned mitigations. 61 The sources of groundwater recharge are: seepage from the irrigation systems, including ponds; application of irrigation water, rainfall, small dams etc. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-29 6.7.6 Liquid and Solid Waste Potential Impact Wastewater may generate by the workers during the operation and maintenance related activities. However, at this stage it is not possible to estimate quantity of waste generation. The improper disposal of liquid waste can cause air, water, and soil pollution. Different types of solid waste including construction, municipal and hazardous (chemicals, spent solvents and oily rags, empty paint cans, chemical containers, used lubricating oil, electrical wires, used batteries (such as nickel-cadmium or lead acid), and lighting equipment) wastes are likely to be generated during the operation phase, can potentially cause soil and water contamination. The quantity of this liquid waste is expected to be small. This impact can be categorized as low significant in nature. Mitigation Measures • Ensure training program regarding waste minimization quantity of the waste; • Proper monitoring to check the compliance of NEQS will be carried out, if required; • Solid waste generated will be safely disposed in demarcated waste disposal sites and ensure provision of PPEs to workers; • Ensure immediate collection of solid waste after the competition of maintenance works, no waste or left over construction material is left behind; • Lime treatment will reduce odors, particularly hydrogen sulfide, which is not only a nuisance odor, but also can be dangerous if there is a localized buildup of high concentrations, helps to avoid dispersion of odoriferous emission to the nearby communities; • As leachate can affect environmental conditions i.e. pollution of surface and groundwater resources and soil, therefore, its management will be essential at the landfill site. Ensure compliance with World Bank Group EHS Guidelines for Waste Management Facilities; • Perform disinfectant sprays around solid waste disposal facilities to avoid spreading of diseases in the nearby communities, particularly at those places close to the residential areas; • To minimize the risks to human health from landfill gas, an active gas collection system will be installed and monitored. Ensure plantation around the waste disposal facilities; and • Relevant legislations, conventions, ESSs (ESS-3) and guidelines must be respected. Residual Impact: The impact related to solid waste will be insignificant after taking the above- mentioned mitigations. 6.7.7 HSE Considerations Potential Impact During the operation phase, health and safety issues may arise. Operation and maintenance activities may cause health and safety risks to staff and nearby communities such as movement of machinery and manual handling during loading unloading operation, poor handling and storage of hazardous substances, injuries due to electric shocks, falling of KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-30 objects, slips or trips, dust, noise, accidents, transmittable diseases etc. The impact is moderate to low adverse in nature. Mitigation Measures • Ensure proper maintenance of machinery and equipment, staff training, and other preventive measures; • Proper storage and handling of generator fuel, chemicals and solvents; • Ensure emergency prevention, preparedness and response arrangements; • Emergency numbers should be clearly posted and communicated to the staff (where applicable); • Fire extinguishing equipment should be installed (where applicable); • Ensure provision of PPEs to the skilled and unskilled labors; • Proper training should be given to workers on health and safety measures; • Hazardous materials should be well labeled and stored in their original containers; • Ensure that the site will be restricted for the entry of irrelevant people; • Ensure health awareness; education initiatives; training heath workers in disease treatment and prevention; immunization program and providing health service; • Staff will strictly warn, not to involve in any unethical activities and to obey the local norms and cultural restrictions. Residual Impact: The impact will be insignificant after taking the above-mentioned mitigations. 6.7.8 Flora Potential Impact The risk and significance of the impact on flora during the operation phase of subprojects is considered low. Plantation of trees and ornamental plants around the subproject interventions will improve the ecology, aesthetics of the surroundings and control noise and air pollution. However, low level impact may be expected during maintenance works. Agriculture and Fruit Trees: Improved infrastructure facilities will help the farmers and owners of the orchards to fetch better prices for their products, due to easy and swift approach to the local markets and other big cities, which will have a positive impact. Mitigation Measures • Efforts will be made to avoid cutting of trees during maintenance work as far as practically possible; • Compensatory planting of trees (suitable/indigenous for the area) against each fallen tree of similar floral function will be planned (as per one ratio ten); • Plantations so, raised must be maintained according to the standard forestry practices which include proper Irrigation, Cleaning, Pruning, thinning at prescribed intensity, Silt clearance and Trench-opening, etc.; • The plants will be provided with adequate protection from animals and proper monitoring will be carried out to ensure their survival and growth; • An awareness campaign shall be run in the areas to promote the planting of trees and to educate them, regarding importance of trees; and KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-31 • All activities must be done under the technical supervision of Forest Department; and • Relevant legislations, conventions, ESSs (ESS-6) and guidelines must be respected. Residual Impact: With the help of the above mitigation measures, the residual impact is likely to be negligible significant. 6.7.9 Fauna Potential Impact Since the proposed subproject interventions will be carried out in already transformed/ cultivated area, as such the interventions shall not be carried out in any natural habitats and critical habitats. Therefore, no major impact on fauna is expected. The risk and significance of the impact on fauna is considered as low. Mitigation Measures • The pathways of locally available wildlife and livestock for food, shelter and other normal activities must be compensated with proper alternative routes/pathways & water points must be provided (where applicable) to minimize the impact and movement of available wild and domesticated animals; • Proper fencing must be provided around the water ponds to avoid road killing of wildlife, livestock and most importantly any inconvenient for local inhabitants; • Strict control must be exercised for stoppage of killing/poaching of available wildlife species; and • Relevant legislations, conventions, ESSs (ESS-6) and guidelines must be respected. Residual Impact: The impact will be of low significance after taking the above-mentioned mitigations. 6.8 POTENTIAL SOCIAL IMPACTS AND MITIGATION IMPACTS AND MITIGATION DURING PLANNING AND DESIGN PHASE 6.8.1 Lack of Meaningful Community Engagement Comprehensive and inclusive stakeholder engagement is a key requirement of the project. The presence of poor and marginalized communities in the project area, as well as the remote nature of several NMDs, will require careful attention to be paid to stakeholder engagement. There is a risk that vulnerable groups and communities may be excluded from stakeholder consultations, limiting their ability to provide feedback on project design and impacts, and potentially preventing them from fully benefiting from the project. This risk is proportionate to their degree of disadvantage/vulnerability and is additionally relevant for communities living in remote or historically underserved areas. The risk of exclusion is also significant for women and religious minorities since both these groups are not part of traditional decision making structures in the NMDs, and women are largely secluded in their private spaces. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-32 Furthermore, social acceptability of the project might decrease if any of the stakeholders perceive that their concerns and complaints are not addressed properly and in a transparent manner. Mitigation • Mapping and engaging stakeholders, including vulnerable groups such as women and minorities at the start of the design process and obtaining their feedback about project interventions • A comprehensive Stakeholder Engagement Plan (SEP) has been developed to provide guidance on stakeholder identification, modes of engagement, disclosure requirements, implementation arrangements, and other relevant information. • The PMU and PIUs will have dedicated staff responsible for the implementation of the SEP. • Project staff will be trained on social inclusion and stakeholder engagement. 6.8.2 Issues in Land Acquisition If project interventions require land acquisition, this may result in social disturbances, loss of livelihoods and may exaggerate the social and cultural conflicts among the people. In most of the proposed interventions, land requirement will be minimal and should be fulfilled through Government lands or Voluntary Land Donation (VLD) approach. Little to no private land acquisition requirement is envisaged at this stage. This use of voluntary donation option will be limited to small scale community infrastructure subprojects. Under no circumstances, shall the titleholder be subjected to any pressure, directly or indirectly, to part with the land. The project will ensure that the process of voluntary donation of land is meticulously documented to avoid confusions, misunderstandings, litigations, etc. at a later stage. VLD procedure/criteria have been provided in the Resettlement Framework and a VLD due diligence/screening checklist is provided as Annex R. Therefore, land acquisition may not be involved or be minimal at best. Therefore, the impact of land acquisition will be minor to moderate and localized. Mitigations: • Land Acquisition and Resettlement issues will be dealt with in accordance with the Land Acquisition Act, 1894, the KP Land Acquisition (Amendment) Act 2020 and WB ESF Environmental and Social Standard 5 (ESS5) on Land Acquisition, Restrictions on Land Use and Involuntary Resettlement. • Careful alignment and site selection by the designer to minimize the land acquisition; • A Resettlement Framework has been prepared. The RF provides guidance and formats for Voluntary Land Donation, and preparation of site-specific Resettlement Plans (RPs) that will be prepared for all subprojects where land acquisition will take place. The RF also describes the eligibility requirements and compensations for parties that are economically displaced by the construction activities. 6.8.3 Improper Targeting of Beneficiaries The project will include support to community mobilization, institutional strengthening and capacity building village councils and communities for participatory planning, budgeting, monitoring and strengthening social accountability systems; conditional and performance based grants to village councils for local infrastructure investments identified through participatory processes and fulfilling key priority conditions; and multisectoral infrastructure investments identified by tehsil councils for strategic priority investments fulfilling a critical KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-33 infrastructure gap. These interventions will be guided by on-ground data. Close attention will need to be paid to ensure that the site selection process follows principles of equity and inclusion It is critical that the targeting mechanisms are robust and provide a complete enough picture to allow for maximally beneficial coverage of beneficiaries. Failure to do so could result in further marginalization of economically underprivileged individuals and communities. This risk can be compounded by elite capture in the targeting process. Mitigation: • Projects will be selected following criteria adherence, robust analysis and ground- truthing. • Decisions on interventions by the councils and communities will be taken following comprehensive and inclusive stakeholder consultation. The SEP will provide guidance for this. • Project staff will liaise with local civil administration if under pressure from tribal elders and/or elected representatives. They will solicit the help of the local administration to negotiate and manage expectations of local notables. 6.9 POTENTIAL SOCIAL IMPACTS AND MITIGATION DURING PROJECT CONSTRUCTION / IMPLEMENTATION 6.9.1 Digitization of Offices and Capacity Building of Staff Digitization of offices, administrative facilities and complexes poses a risk of excluding government staff who have lower levels of IT literacy and knowledge, especially older employees and women who tend to be less well-versed in the use of technology. Government facilities and businesses located in NMDs and remote areas with zero or low network connectivity may also be excluded from Program benefits. By reinforcing existing inequities or grievances in NMDs and neighboring fragile districts the Program may risk exacerbating social conflict and greater mistrust for the government Mitigation: • Conduct trainings of office staff who have low IT skills. These trainings will be focused on IT skills and managing IT systems to enhance existing skills of the employees. • Develop and implement a training plan. 6.9.2 Labor Management Conflicts may arise between the local community and construction workers, particularly skilled workers, who are non-locals (a term which, in the NMDs, means anyone not from the same tribe or the same village). Tensions may also arise between different tribal groups, particularly with regard to distribution of jobs, and pre-existing conflicts in the local community may be exacerbated. Presence of construction workers and service providers (and in some cases family members of either or both) can generate additional demand for the provision of public services, such as water, electricity, medical services, transport, etc. Mitigation: • The LMP includes an assessment of potential worker related risks; an overview of labor regulations, policies and procedures; contract terms and conditions; working age regulations; and a GRM for redressal of workers related grievances. The provisions of KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-34 the LMP regarding terms of employment, and the need to formulate semi-formal agreements with community labor will be strictly followed. • Every effort will be made to hire locally, and also to manage expectations regarding number of jobs available. • Although the project proponents should anticipate being pressured to hire and fire certain people, with such influence being exercised mainly by tribal elders, they will stay in touch with the tribal leadership, as well as the local civil administration, and tactfully explain employment and skill needs to stakeholders, with support from the administration. 6.9.3 Exclusion of Vulnerable Groups from Project Employment The project is likely to generate some additional employment opportunities during the construction phase. Vulnerable groups and historically underserved communities may fail to benefit from employment opportunities due to discrimination and exclusion. This risk can be compounded by elite capture and selection bias in the hiring process. Mitigation: • Recruitment systems to be transparent and predictable. • All project staff with functions related to recruitment will be trained on social inclusion and the relevant government and Bank regulations. • All project workers will be trained on the Grievance Redress Mechanism and will be encouraged to use it in case of complaints related to employment. 6.9.4 Forced Labor and Child Labor Project activities, particularly in the case of third-party contractors, may involve the use of forced labor, which is defined as any work or service that is obtained from an individual under threat of force or penalty. This includes indentured labor, bonded labor, and trafficked persons. There is also a risk that child labor may be used by third-party contractors. These risks are likely to be higher in economically disadvantaged and remote areas of the NMDs. Mitigation: • Contractors will be prohibited from hiring children below the age of 14 for any type of labor, and below the age of 18 for hazardous work. • Project staff will monitor sites to check for child labor, and will hold regular consultations to keep a check on forced labor at project sites • Contractors will be required to follow the LMP with regard to contracts and terms of employment for labor 6.9.5 Chance Findings of Important Physical and Cultural Resources During the course of construction activities, the Project may encounter the chance finding of important physical cultural resources. These are defined as: “movable or immovable objects, sites, structures or groups of structures having archaeological, paleontological, historical, architectural, religious, aesthetic, or other cultural significance�. These may be at risk of damage during construction activities, which can result in community unrest and dissatisfaction. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-35 Mitigation: • Subprojects will be screened for the presence of physical cultural resources prior to commencement of construction work. • If a risk of damaging physical cultural resources is determined, the contractor shall prepare a detailed Physical Cultural Resources Management Plan (PCRMP). Guidance for this plan, including chance find procedures to be followed is provided in Annex E: Physical Cultural Resources Management Framework (PCRMF). 6.9.6 GBV and SEA/SH In the context of the NMDs, displacements issues and a post conflict scenario, concerns related to gender-based violence and the need for gender sensitive remedial services is critical and this will be further assessed in the project effectiveness stage. Gender-based violence, sexual exploitation and abuse, and sexual harassment risks are expected throughout the duration of the project. These may stem from contact between local communities and project workers during implementation. Female project staff may also be at risk of GBV and SEA/SH, especially those working on field assignments in remote and hard to reach areas. These concerns will be relevant and expected throughout the duration of the project. Mitigation: • A GBV Action Plan will be developed within six months of project effectiveness and implemented, and systems will be set up to work with the project GRM to address any GBV, SEA/SH related complaints. • GBV, SEA/SH related complaints received through the GRM will be redirected to dedicated staff who are trained on the GBV Action Plan • Background checks and screening will be carried out for all project workers prior to commencing work 6.9.7 Security Issues The project will be implemented in the NMDs where security issues are an ongoing concern, particularly in the more remote regions. Acts of vandalism, intimidation, violence, and kidnapping are potential risks for project staff involved in the implementation of subproject activities. Existing social conflicts may also be exacerbated by the project (e.g. due to grievances or perceived inequity in project benefits) which may put project staff at risk. While security incidents have reduced in the region over the last five years, the close proximity of the NMDs to the Afghanistan border has renewed security concerns in the last several months. Mitigation: • Subproject construction sites and labor camps will be properly fenced, with tight access restrictions in place. • Contractors will be responsible for ensuring that adequate security arrangements are made at construction sites and labor camps (e.g. security personnel deployed at entrances, security patrols, CCTV cameras, etc.) KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-36 • A comprehensive security plan will be prepared 6.9.8 Misappropriation of Grant Funds and Project Resources Component B of the project will entail the provision of conditional and performance-based grants. to village councils for local infrastructure investments identified through participatory processes and fulfilling key priority conditions. The direct transfer of funds to multiple beneficiaries over the course of the project implementation phase carries an ongoing risk of misappropriation of funds by VCs and Tehsil Councils or other intermediaries. This can impact project effectiveness and value for money, and may result in the exclusion of vulnerable and marginalized groups from the project. This risk can be magnified by elite capture during project implementation. Mitigation: • A dedicated Financial Management Specialist (FMS) will be engaged for the duration of the project. • VCs and Tehsil Councils will be trained in financial management by the FMS. • Biannual Interim Unaudited Financial Reports will be submitted to the Bank. 6.9.9 Institutional Capacity Limitations There is a risk that the implementing agency with face issues in mitigating environmental and social risks and will face hurdles in implementing this ESMF. This may also be exacerbated if there are weak or no coordination mechanisms in place to work with the civil administration in the NMDs. Without adequate capacity and close coordination with the local administration, many of the risks in this document may go unmitigated, potentially reducing project effectiveness significantly. Mitigation: • Component 3 involves project management, supervision and technical assistance activities. These activities will include the hiring of dedicated staff for the implementation of the ESMF as well as training of all E&S staff hired by the project, including those that will be involved in implementing the ESMF at the field level. • A coordination mechanism such as a steering committee will be in place to ensure regular coordination and collaboration between the PMU and other government offices 6.10 POTENTIAL SOCIAL IMPACTS AND MITIGATION ON OPERATION / COMPLETION 6.10.1 Exclusion of Vulnerable and Disadvantaged Groups There is a risk that women and girls may be excluded from project interventions and benefits and this may also be the case with refugees and displaced populations. The vulnerable population is usually insufficiently considered in many interventions; the wealth and social gaps are widened as a result. Women and other vulnerable people lag behind in literacy, education and access to other resources and opportunities. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-37 Mitigation: • Inclusive public outreach and stakeholder engagement will be fostered throughout project preparation and implementation. • Project infrastructure will be accessible to persons with disabilities, women and other groups through design features like ramps and handrails, waiting rooms, specially fitted washrooms etc. 6.10.2 Citizen Engagement in Institutional Forums Citizen engagement activities promote participation, strengthen local capacity to engage in monitoring, and establish robust mechanisms to collect, analyze, and respond to citizen feedback. The project may strengthen citizen engagement and promote local development from the bottom up. For this, it is important to ensure the support of the tribal elders, elected representatives and local administration. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 6-38 7 ESMF IMPLEMENTATION 7.1 GENERAL This chapter summarizes the mitigation, monitoring, and institutional measures to be taken during construction / implementation and operation / completion phases to eliminate adverse environmental and social impacts. 7.2 KEY STEPS FOR ENVIRONMENTAL AND SOCIAL MANAGEMENT Environmental and Social (E&S) management will follow the below mentioned procedures closely linking with activity planning, design and implementation phases: 1. Preliminary environmental information including physical, ecological and socioeconomic baseline data collection and analysis; 2. E&S screening and categorization of each subproject using E&S Screening Checklist (attached as Annex-G); 3. Information disclosure & consultations will be carried out following guidance provided in the SEP; 4. Preparation of Environmental and Social Management Plan (ESMP)/screening checklists with mitigation measures / other instruments; and inclusion of social and environmental mitigation costs in the subproject document/cost; 5. Environmental and social clearances of initial two (02) to three (03) checklist with mitigation measures /ESMPs from World Bank; 6. Inclusion of ESMP/ other E&S instruments in bidding documents and Contractor’s Agreement; 7. Implementation of ESMPs/ other instruments by the Contractors as the ESMP cost will be the part of Bill of Quantities (BOQ). Compliance of E&S instruments will be carried out by the Contractors; and 8. Monitoring the compliance of E&S instruments in field by Environmental and Social staff of Project Management Unit (PMU). Based on type of construction required, all preliminary information analysis, Environmental Assessments, ESMPs/ relevant E&S instruments must be completed prior to awarding of contracts for construction. 7.3 CAPACITY ASSESSMENT OF IMPLEMENTING AGENCY The proposed Project will be implemented by the P&DD, as the lead implementing agency, having limited experience implementing World Bank financed Projects. In addition, the implementing agency and line departments do not have adequate E&S staff to ensure the compliance of E&S documents during construction, operation and maintenance phases. Project activities will also be KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-1 implemented by local governments (village councils), where the capacity is likely to be weak, although most of these investments are very small scale. To address these capacity needs, the proposed Project will be supported by a full-time Project Director, tasked with oversight, management and coordination of all project activities, as well as dedicated Environment specialist, Social specialist and Gender specialist, to ensure the compliance with WB, national and provincial level requirements. The project will ensure that all project staff are trained in the E&S instruments, especially those involved in implementing the E&S instruments at the field level. The project’s ESCP will include specific measures to strengthen the capacity of the P&DD and GoKP line departments to accurately manage the E&S risks. Among other measures, the PIUs and PMU-P&DD staff will receive training on World Bank ESSs and project management aspects. In addition, a steering committee will be created to coordinate project implementation with other departments and support on the management of ES issues; and the construction supervisor will include qualified ES staff to supervise compliance with the environmental and social standard (ESS) and the ES management plans. Additionally, the effectiveness of these implementation and compliance will be regularly validated and assessed by the Monitoring and Evaluation Consultants (MEC), as an independent/third party monitor. 7.4 INTEGRATION OF RECOMMENDATIONS IN PROJECT DESIGN / ESMF / INSTRUMENTS There is always room for improvement and opportunities for further enhancements; therefore, following are the recommendations to integrate these in Project Design /ESMF/ E&S Instruments: • Sufficient budget should be allocated for the effective implementation of mitigation measures; • Strengthening and capacity building through trainings/awareness sessions/workshops of the E&S staff; • Induction of qualified Environment (having additional experience in Occupational Health and Safety), Social and Gender Specialists at PMU levels; • Additional vigorous efforts to be made by the proponent to arrange necessary trainings to departmental staff; • Third party monitoring regarding the ambient air, noise and water quality as per NEQs according to the monitoring plan and as per advice of Environment Specialist and ESMF/instruments should be carried out; • More stringent monitoring and supervision of the compensatory tree plantation; • The progress reports should be prepared using a comprehensive format; • Information pertaining to impacts identified and mitigation measures adopted should be reported in detail in the progress reports; • Roles and responsibilities of key players involved in the implementation of ESMF should be defined; • Ensure the incorporation of ESMP/ E&S instrument in the contract Documents to bound the Contractor for compliance; and KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-2 • Engagement of relevant stakeholders should be ensured for effective implementation of ESMF. 7.5 SUBPROJECTS ENVIRONMENTAL AND SOCIAL SCREENING The Bank classifies all projects into four classifications: High Risk, Substantial Risk, Moderate Risk and Low Risk. In determining the appropriate risk classification, the Bank takes into account relevant issues, such as the type, location, sensitivity, and scale of the project; the nature and magnitude of the potential environmental and social risks and impacts; and the capacity and commitment of the borrower to manage the environmental and social risks and impacts in a manner consistent with the ESSs. The Bank has classified the proposed Project (KPRIISP) as Moderate Risk project due to its environmental and social risks and impacts. All identified subprojects will be screened for E&S impacts using the E&S screening checklist given at Annex-G. Since exact extent and precise location/footprints of individual interventions (subprojects) to be implemented under the proposed Project are not known at this stage, therefore, a framework approach has been adopted for the present E&S assessment for this ESMF. This ESMF provides screening procedure following the ESF for the type of safeguard instrument (Checklist with mitigation measures or ESMP) to be used before implementing a subproject. The Components of the proposed Project which may have adverse E&S impacts are listed below: 1. Sub-Component A1: Multi-Sectoral Infrastructure: Agriculture (Gully Plugging Check Dam, Earthen Water Reservoir, Terracing, Water Ponds, Flood Protection Bund, Diversion Structure, Retaining Walls, Delay Action Dam, Micro Watershed Development and other schemes, Irrigation (Tubewells, Solarization of Tubewells, Check Dams & Water Reservoirs, Lining Irrigation Channels, Small Dams, flood Protection and other schemes), Public Health (Drinking Water Supply Schemes (gravity flow watersupply schemes, water pumping stations, development of tube wells ), Sanitation Schemes and other schemes), Rural Roads (Rural Roads and Solid Waste Management Facilities); 2. Sub-Component A2: Administrative and service delivery infrastructure (District Complexes, Sub-Divisional Complexes, Missing Facilities in FRs); 3. B2 Conditional and Performance Based Grants for VCs (Footpaths, Paving Works, Lighting, Community Hall/VC Offices and Community Water Supply Points, among others.); 4. B3. Public Administrative Service Facilities (TMA offices along with service centers in NMAs and FRs); and 5. C1. Emergency Flood Rehabilitation and Response in KP (Roads, Bridges, Public Buildings (Schools, Basic Health Units, Irrigation Infrastructure etc.). The screening criterion is based on the nature of activities and potential E&S impacts as described below: • High (H) -All those subprojects having negative environmental impacts and risks (sensitive, diverse, or unprecedented) will be categorized as High (H) Risk subprojects, though it is expected that no subprojects of KPRIISP will fall under this category and for KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-3 such subprojects, preparation and submission of ESIA will be necessary. However, such type of subprojects will be avoided and not supported under KPRIISP. • Substantial (S) -All those subprojects having negative/adverse environmental impacts and risks and are less adverse than those of High Risk subprojects will be categorized as Substantial (S) Risk Subprojects and for such projects, preparation and submission of ESMP will be necessary (Generic ToR for the preparation of ESMP is attached as Annex- H). • Moderate (M) -All those subprojects having low to moderate level adverse impacts and risks on environment and are less adverse than those of High and Substantial Risks subprojects, will be categorized as Moderate (M) Risk subprojects. Most of these environmental risks and impacts are however temporary, site specific and largely reversible in nature and can be managed and mitigated through appropriate mitigation measures to acceptable levels. For these subprojects, the preparation and submission of a checklist with mitigation measures will be required. An ESMP may also be prepared if needed. • Low (L) -All those subprojects having negligible to no negative/adverse impacts and risks on environment, will be categorized as Low (L) Risk subprojects and for such subprojects, no further environmental assessment will be required following the initial screening. Table 7.1 shows the KPRIISP subprojects environmental screening, anticipated classification and guides on preparation of relevant E&S management instrument/tool. The exact instrument will however be decided as per screening outcome of individual subproject. The subproject specific ESMPs/relevant instruments will be prepared, based on this ESMF, during the preparation/appraisal stage and same will be implemented during the implementation stage. 7.6 INFORMATION DISCLOSURE AND STAKEHOLDER CONSULTATIONS Stakeholder consultations will be carried out during all phases of the project in accordance with ESS10 and the project SEP. These consultations are aimed at identifying additional opportunities and risks for the project, improving subproject design and implementation, and increasing stakeholder ownership in the project. The SEP has identified stakeholders in three categories: • Affected Parties: which are likely to be affected by the project because of its actual impacts, or potential risks to their physical environment, health, security, cultural practices, well- being, or livelihoods. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-4 • Other Interested Parties: those stakeholders which are likely to have an interest in the project, and may be able to assist informed decision making for the project, or otherwise influence the outcomes of the project. • Disadvantaged/Vulnerable Individuals and Groups: who may be more likely to be adversely affected by project impacts and may be more limited than others in their ability to take advantage of the project’s benefits. Stakeholder consultations will be carried out during the preparation of the E&S instruments to obtain feedback and address concerns. The ESMF and other associate documents at preparation stage will be disclosed on the P&DD website, and shall also be available in World Bank repositories. ESMPs and other site-specific E&S instruments will also be disclosed through the same channels. Executive summaries of each instrument will be translated into Urdu and Pashto and will also be made available. This will ensure awareness of the Project impacts, its mitigation, responsible staff and mode of implementation. Hard copies of these documents will also be maintained at all district offices. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-5 Table 7-1 : KPRIISP Subprojects Environmental Screening and Categorization62 Indicative E&S Project Sub- Env. Type of Subprojects Nature of Environmental and Social Impacts Management Components63 Category Instrument / Tools Sub-Component A1: Agriculture Gully Plugging Likely to have low to moderate adverse M Checklist with Multi-Sectoral Check Dam environmental and/or social impacts mitigation measures Infrastructure Earthen Water Likely to have low to moderate adverse M Checklist with Reservoir environmental and/or social impacts mitigation measures Terracing Likely to have low to moderate adverse M Checklist with environmental and/or social impacts mitigation measures Water Ponds Likely to have low to moderate adverse M Checklist with environmental and/or social impacts mitigation measures Flood Protection Likely to have low to moderate adverse M Checklist with Bund environmental and/or social impacts mitigation measures Diversion Structure Likely to have low to moderate adverse M Checklist with environmental and/or social impacts mitigation measures Retaining Walls Likely to have low to moderate adverse M Checklist with environmental and/or social impacts mitigation measures Delay Action Dam Likely to have low to moderate adverse M Checklist with environmental and/or social impacts mitigation measures Micro Watershed Likely to have low to moderate adverse M Checklist with Development environmental and/or social impacts mitigation measures Irrigation Tubewells, Lift Likely to have moderate adverse environmental M ESMP Irrigation Schemes & and/or social impacts Solarization of Tubewells 62 Instances of land acquisition will be covered by VLD Screening Checklists or Resettlement Plans, as required. 63 Those subcomponents having E&S Impacts KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-6 Indicative E&S Project Sub- Env. Type of Subprojects Nature of Environmental and Social Impacts Management Components63 Category Instrument / Tools Check Dams & Likely to have low to moderate adverse M Checklist with Water Reservoirs environmental and/or social impacts mitigation measures Lining Irrigation Likely to have moderate adverse environmental M ESMP Channels and/or social impacts Small Dams Likely to have moderate adverse environmental M ESMP and/or social impacts Flood Protection Likely to have low to moderate adverse M Checklist with environmental and/or social impacts mitigation measures Public Health Drinking Water Likely to have low to moderate adverse M Checklist with Supply Schemes environmental and/or social impacts mitigation measures Sanitation Schemes Likely to have low to moderate adverse M Checklist with environmental and/or social impacts mitigation measures Rural Roads Rural Roads Likely to have moderate adverse environmental M ESMP and/or social impacts Solid Waste Likely to have moderate adverse environmental M ESMP Management and/or social impacts Facilities Sub-Component A2: District Complexes Likely to have moderate adverse environmental M ESMP Administrative and and/or social impacts service delivery Sub-Divisional Complexes Likely to have moderate adverse environmental M ESMP infrastructure and/or social impacts Missing Facilities in FRs Likely to have moderate adverse environmental M ESMP and/or social impacts Sub-Component B2: Footpath Likely to have low to moderate adverse M Checklist with Conditional and environmental and/or social impacts mitigation measures Performance Based Paving Works Likely to have low to moderate adverse M Checklist with Grants for VCs environmental and/or social impacts mitigation measures KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-7 Indicative E&S Project Sub- Env. Type of Subprojects Nature of Environmental and Social Impacts Management Components63 Category Instrument / Tools Lighting Likely to have low to moderate adverse M Checklist with environmental and/or social impacts mitigation measures Community Hall/VC Offices Likely to have low to moderate adverse M Checklist with environmental and/or social impacts mitigation measures Community Water Supply Points Likely to have low to moderate adverse M Checklist with environmental and/or social impacts mitigation measures Sub-Component B3: TMA offices along with service Likely to have moderate adverse environmental M ESMP Public Administrative centers and/or social impacts Service Facilities Sub-Component C1: Roads Likely to have moderate adverse environmental M ESMP Emergency Flood and/or social impacts Rehabilitation and Bridges Likely to have moderate adverse environmental M ESMP Response in KP and/or social impacts Public Buildings (Schools, Basic Likely to have moderate adverse environmental M ESMP Health Units, Irrigation Infrastructure and/or social impacts etc.) KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-8 7.7 PREPARATION OF ESMPS AND OTHER SITE-SPECIFIC INSTRUMENTS Site-specific ESMPs, RPs and VLD Checklists will be prepared for subprojects as directed by this ESMF. These instruments will be submitted to the World Bank for clearance and approval before the initiation of their respective works and will be disclosed on P & DD website Additionally, the proposed subprojects will require approvals from relevant government departments during implementation, summarized in Table 7.2 below. Table 7-2: Approvals and Permits Required during Project Implementation Approval Required Issuing Requirements Responsible Schedule Authority Agency Clearance of screening World Bank Submission of site-specific P&DD Prior to initiation of checklists, ESMPs, and other E&S instruments subproject required instruments as construction works described in the ESMF Environmental approval for EPA KP Submission of screening P&DD Prior to initiation of construction works checklist/ESMP subproject construction works Approval for clearing of trees KP Forest Submission of request with Contractor During construction Department detailed subproject phase layout/plans Approval for the use of quarry KP Minerals Submission of request with Contractor During construction and excavated material Development location map of the quarry phase Department area 7.8 ENVIRONMENTAL AND SOCIAL REQUIREMENTS IN BIDDING DOCUMENTS P&DD will include the following E&S and OHS conditions, refer Table 7.3, in the bidding documents to ensure that all related mitigation measures are effectively implemented. Table 7-3: E&S and OHS Requirements in Bidding Documents Condition Rationale Specifications to be Included in Bidding Documents Past performance of the Contractor The contractor’s past performance Record of past E&S and OHS on E&S and OHS on compliance with E&S and OHS performance considerations is an indicator of the contractor’s commitment and capability for implementation of the screening checklists/ESMF/ESMP The Contractor shall propose E&S The Contractor’s staff should The bidder will include CVs of the Specialists in its team include E&S specialists who will be proposed, suitably qualified E&S responsible for the implementation Specialists of the mitigation measures in compliance with the relevant instruments Contractor shall obtain performance The Contractor should have a The Contractor will obtain a bond for compliance with E&S financial implication if it fails to performance bond obligations comply with E&S requirements. Contractor shall implement Mitigation measures from E&S Tender documents will contain site- construction related mitigation instruments will be included on the specific construction related tender mitigation measures KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-9 measures provided in the E&S instruments Code of Conduct for all site All workers hired by the Contractor The Contractor will submit a Code personnel should sign a Code of Conduct to of Conduct with the bidding ensure compliance with E&S documents requirements 7.9 PROVINCIAL REGULATORY REQUIREMENTS TO CONDUCT ENVIRONMENTAL ASSESSMENT The proposed Project (including all subprojects) is located in KP Province, therefore the Khyber Pakhtunkhwa Environmental Protection Act, 2014 is the core environmental law for the proposed Project. Thus, to fulfil the provincial legal requirement a separate Environmental Assessment study (SEA/EIA/IEE64) will be prepared by the implementing agency. 7.10 KEY INSTITUTIONS / PERSONS INVOLVED IN THE IMPLEMENTATION OF ESMF 7.10.1 Project Steering Committee (PSC) The PSC will ensure coordination among all stakeholders, arrange bridge financing for local resources during any financial constraints from donors, modify implementation mechanisms for project interventions, if needed, annual work plans, amend eligibility criteria of different project activities and project implementation mechanisms, make necessary modifications/improvements in project implementation and modalities and resolve issues constraining the smooth implementation of the envisaged activities. 7.10.2 Project Management Unit The project will support the establishment of a dedicated Project Management Unit (PMU) for KPRIISP, with a full-time project director, that will oversee the activities that will be financed under the project and will coordinate to ensure commensurate financing for GoKP financed schemes. Accordingly, PMU will also take lead in monitoring of ESMF compliance with the technical support of Environment and Social Management specialists. 7.10.3 Environment and Social Management - PMU The following staff of the PMU will be responsible for managing environmental and social issues: • Senior Environment Specialist, supported by an Environment Officer • Senior Social Development Specialist, supported by a Social and Resettlement officer as well as a Gender Specialist 64 As per requirement of Khyber Pakhtunkhwa Environmental Protection Act, 2014 and Khyber Pakhtunkhwa Environmental Assessment Rules, 2021. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-10 The draft ToRs for these specialists are provided in Annex-I Overall responsibilities of the Environment and Social specialists and their staff include: • Supervising, facilitating and coordinating implementation of ESMF including E&S mitigation and monitoring plan; • Closely follow up the integration of E&S assessment information and inclusion at the project development and design stage; • Ensuring that Contractors follow WB ESSs, national, provincial and other requirements mentioned in the ESMF; • Identifying any issues of non-compliance and report these; • Preparing quarterly/bi-annual monitoring and progress reports for submission to the WB; • Suggesting mechanisms to link Contractors performance in relation to the ESMF to the timing of financial payments, incentives or penalties; • Interacting with stakeholders for their concerns about the construction activities; • Assisting PD in addressing and resolving environment-related and land-related complaints and grievances; • Identifying and preparing environmental training materials and conducting environmental trainings; • Monitoring and evaluation of social related matters of the project and maintain a social complaint register to document social issues; • Ensure implementation of, remain the focal point for managing the project Grievance Redressal Mechanism (GRM), and maintain analysis and reports on types of complaints received, resolved, time taken to action, etc. • Provide technical lead to the field teams regarding gender mainstreaming activities of the proposed subprojects; • Linkages development with Non-Governmental Organizations (NGOs) and public- sector entities working on empowerment of women and marginalized segments of society; • Ensure implementation of the GBV Action Framework and gender sensitive GRM; • Ensure implementation of the Stakeholder Engagement Plan (SEP); • Provide assistance and advice to field staff for resolving grievances related to gender arising on account of project implementation; • Prepare Grievance Reports as and when required basis; • At PMU level, maintain the record of all information, documents evidence and reports including progress reports, ESMF, third party monitoring reports, training reports, ESMPs and Screening Checklists etc.; and • Reviewing ESMF and revising/updating it, if required. 7.10.4 Design and Supervision Consultant Roles and responsibilities of DSC will be: • To engage the services of two full time E&S Specialists; • To oversee the performance of the Contractors to make sure that the Contractors is complying with ESMF including E&S mitigation and monitoring plan; • Ensuring that the day-to-day construction activities are carried out in an environmentally and socially sound and sustainable manner; • Strong coordination with the Contractors and E&S staff- PMU; • Preparing training materials and implementing programs; KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-11 • To supervise and monitor environmental activities being performed at site; • To organize periodic environmental training programs and workshops for the proponent/ implementing agency and Contractors staff; • Periodic reporting of ESMF including E&S mitigation and monitoring plan to E&S staff PMU; and • Suggest any additional mitigation measures (if required). 7.10.5 Construction Contractors Contractors are also required to appoint/designate Environmental and Social Experts for onsite implementation of ESMF including environmental and social mitigation and monitoring plan. The Contractors will develop Site Specific Environmental and Social Management Plan (SSESMP) and Site Specific Health and Safety Plans (SSHSP) (only for those sites which may require preparation of an ESMP according to the screening criteria as per advise of Environment Specialist) with the support of E&S staff- PMU based on the guidelines and impact assessment provided in ESMF. The Contractors will also be responsible for communicating with and training of its staff in the environmental/social aspects with the support of E&S staff PMU- PMU before the commencement of the construction works. The Contract Agreement will have appropriate clauses to bind the Contractors for the above obligations. 7.10.6 MEC / Third Party MEC/Third Party will be recruited by PMU to carry out independent monitoring regarding implementation of ESMF. The MEC will have Environment and Social Experts and shall carryout intermittent third party monitoring of the project. This will be done on bi-annual basis to evaluate the overall effectiveness of ESMF implementation for the subprojects financed under KPRIISP. PMU will ensure the timely hiring and engaging a suitable consultant/firm. For this purpose, E&S-PMU will be responsible for coordination; arranging site visits and providing necessary support to the MEC /firm. The objective of this MEC will be to review the entire ESMF and/or ESMPs (if required as per screening criteria) implementation process and its effectiveness, to identify any environmental and/or social issues caused by the project that may exist on ground, and to frame recommendations for course correction and to improve ESMF and its various components. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-12 7.11 INSTITUTIONAL ARRANGEMENTS 7.11.1 Implementation of ESMF during Construction / Implementation Phase The Project Director-PMU, through E&S-PMU and PIUs at district levels, will be responsible for the overall implementation of ESMF as well as E&S performance of the proposed Project in accordance with the national, provincial and WB requirements. The ESMF implementation arrangements have been suggested to keep it well aligned and synergetic with the overall Project implementation and institutional setup as described below: 1) Provincial Level The GoKP Planning and Development Department (P&DD) will be responsible for overall project management and coordination. It will do so by establishing a dedicated Project Management Unit (PMU) that will oversee project activities, including implementation of the ESMF. The PMU will led by the Project Director (PD). The PMU will have three Project Coordinators. Senior Environment and Social Specialists will be responsible for implementing all E&S related requirements including planning, implementation, coordination, monitoring and reporting of all E&S related activities. They will maintain liaison and coordination with the PIUs at district level for the implementation of ESMF. The Senior Social Specialist will also be responsible for maintaining an effective GRM, handling the gender related issues stakeholders’ consultation, organization of training /capacity building programs, monitoring and evaluation, coordination with field line departments; and both the Environment and Social Specialist will help the PMU in hiring of consultant/s for Third Party Validation (TPV) of E&S compliance. The proposed institutional arrangement for the implementation of the ESMF is presented in Figure 7.1. 7.11.2 Implementation of ESMF During Operation / Completion Phase After construction, the relevant infrastructure would be turned over to the relevant line departments for continued operation and maintenance. At the local level, Tehsil Councils would receive the transferred assets for continued operation and maintenance, and at the village level, community groups would help with small repairs and minor maintenance, where relevant. Additional support to community groups under the project during the community mobilization process would aim to strengthen the capacity of these groups to improve ensure the sustainability of different infrastructure investments. The designated / nominated E&S staff will be responsible for the following: • Coordinating with the operational staff to monitor environmental compliance during operation; • Advising on, and monitoring tree plantations; • Reporting on the progress of environmental compliance to the KPEPA (if required); and • Sustaining a working partnership among the relevant stakeholders. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-13 PSC Overall responsible to look after the project (Project Steering Committee) implementation KPEPA / District Level EPD Special Secretary P&DD/ Project Offices Director- PMU Office Supervisory role as a regulatory World Bank agency Guidance and Supervisory role as a funding agency Environment and Social Overall responsible to look Specialists – PMU after environmental and (At Provincial Level) social issues Supervision/Monitoring for implementation of ESMF (except village level schemes) PIUs-District Level(to ensure implementation of ESMF at district, MEC Consultant Tehsil and Village Level) (Third Party) Monitoring and evaluation of ESMF implementation Contractors Responsible for implementation of ESMF Figure 7-1: Institutional Arrangement for Implementation of ESMF KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-14 7.12 ENVIRONMENT AND SOCIAL MANAGEMENT PLAN ESMP is a tool for the implementation of all the suggested mitigation measures to make the project environmentally sustainable. It provides an overall approach for managing and monitoring the environmental, ecological and socio-economic impacts arising out of the implementation of the proposed subprojects and describes the institutional framework and reporting mechanism to implement ESMP for the subprojects. 7.12.1 Scope and Objectives of ESMP The scope of the ESMP includes the following phases of the proposed subprojects: • Design / Planning Phase; • Construction / Implementation Phase; and • Operation / Completion Phase. All the activities performed during these phases will be controlled and monitored according to this ESMP. The main objectives of the ESMP are: • Provide project impacts along with the proposed mitigation measures, and a corresponding implementation phase; • To ensure that all necessary corrective actions are carried out in time to counter any adverse environmental impact; • To ensure the regular monitoring of those factors which may affect the safety of the environment under a systematic monitoring approach; • Define the roles and responsibilities of the project Proponent and Contractor in order to effectively communicate environmental issues among them; • Provide a procedure for timely action in the face of unanticipated environmental situation; • Identify training requirements at various levels including project Proponent, Contractor and DSC; • Provide a monitoring mechanism in the form of an environmental monitoring program, which includes monitoring parameters, monitoring frequency to ensure that all the mitigation measures are completely and effectively implemented; • Provides estimation of environmental cost for the implementation of ESMP; • Define the requirements necessary for documenting compliance with ESMP and communicating it to all the concerned regulatory agencies; and • Provide other plans considering the project specific requirements. 7.12.2 Inclusion of Relevant Components of ESMP in Contract Documents The ESMP will be included in the bidding/ contract documents and their implementation will be a contractual binding for the Contractors. To ensure the implementation of ESMPs by the Contractors, the ESMP cost will be the part of BOQ. Compliance of E&S instruments will be carried out by the Contractors. 7.12.3 Environmental and Social Mitigation and Monitoring Plan (ESMMP) ESMMP is considered as one of the main elements of ESMF. It will be used as the management tool for the implementation of mitigation measures. The plan includes following: KPRIISP Page No. Environmental and Social Management Framework (ESMF) 15 • The envisaged impacts as identified in EMSF and their recommended mitigation measures; and • The person/organization directly responsible for adhering to or executing the required mitigation measures. It is highlighted that although the responsibilities for executing and monitoring the mitigation measures have been delegated to different organizations, however, Project Director- PMU, through E&S staff, will hold the primary responsibility for ensuring the full implementation of ESMF including ESMP. Table 7.4 provides information about all impacts to be raised due to subprojects activities during different phases of the project i.e. Design/ Planning/Pre-construction, Construction / Implementation and Operation / Completion. For detailed E&S impacts and mitigation measures, refer to Chapter 6: Potential Environmental and Social Impacts and Mitigation Measures. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 16 Table 7-4: Environmental Mitigation and Monitoring Plan Monitored by Performance Monitoring Monitoring MEC Sr. Parameter Project Impacts Mitigation Measure Implemented by Monitoring Location Frequency PMU PIUs DSC (Third No. Indicators Party) POTENTIAL ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES DURING PLANNING/DESIGN PHASE 1. Technical Design Incompatible layout plan and • Technical design must consider all the factors, final Design Consultant Subproject Monthly Confirmation of √ NA NA NA and Layout engineering design of the proposed design and should meet all the local and Area design Planning subprojects structures (under international standards. incorporation. subcomponent A1, A2, B2, B3 and • Proponent must review and validate all the design Audits and considering the possible impacts. Checks. C1) can undermine the overall aesthetic • Shortlisted/pre-qualified primary suppliers should beauty, ambience of the subproject be hired. areas and poor ventilation, low air • Appropriate measures must be considered to circulation and reduced sunlight. facilitate the locals. • Ensure compliance with World Bank Group EHS Guidelines for Waste Management Facilities. • Risk of flooding, landslides on the site and protection of the nature and/or existing cultural heritage sites in the area must be consider. 2. Seismology Project is located in Seismic Zone 2A Adopt Seismic Building Code of Pakistan, 2007 Design Consultant Subproject Monthly Confirmation of √ NA NA NA (moderate hazard), 2B (moderate (SBC-07) to comply with minimum requirements for Area design hazard) and 3 (high hazard), PGA: 0.8 to seismic safety of structures. incorporation. 0.32 g. A high intensity earthquake can Audits and adversely impact (where applicable) the Checks. proposed developments. 3. Flora Activities such as installation of • Ensure minimize the cutting of trees, shrubs and Design Consultant Subproject Monthly Confirmation of √ NA NA NA construction camps65 and mobility of herbs. Area design construction staff may damage the local • Ensure the camp sites where minimum or no incorporation. agriculture land/vegetation/trees. vegetation exists. Audits and Approximately 2,000 of trees / saplings • Compensatory plantation will be for each tree Checks. including fruit trees (if any) may be fell/cut as per Tree Plantation Plan. • No subproject should be located within affected. environmental sensitive area. • Critical areas of animal breeding and nests should be avoided. 4. Fauna Movement of construction machinery • Ensure to minimize the noise due to machinery Design Consultant Subproject Monthly Confirmation of √ NA NA NA and installations of construction camps movements and installations of camps; Area design (if required) may cause habitat loss • Wildlife movements and routes (if any) must be incorporation. especially birds’ nests and affect the considered; and Audits and routes of the available wildlife. • Extreme care should be taken to avoid mature Checks. trees and specially those providing nesting habitat to avifauna. POTENTIAL ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES DURING CONSTRUCTION / IMPLMENTATION PHASE 65 Mostly the local labor would be hired due to small works, the establishing regular construction camps by the contractor(s) is unlikely. However, given measures would be taken, if needed KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-17 Monitored by Performance Monitoring Monitoring MEC Sr. Parameter Project Impacts Mitigation Measure Implemented by Monitoring Location Frequency PMU PIUs DSC (Third No. Indicators Party) 5. Soil Erosion and Excavation, quarrying/creation of borrow • Avoid or minimize vegetation removal/clearing Contractor Subproject Monthly Visual checks and √ √ √ √ Contamination areas, land clearing, and land which would accelerate erosion and increase Area /Weekly photographic leveling/grading may have potential of landslide risk. record soil erosion and landslides. • Sites disturbed by construction activities will be Site restoration Contamination of soil may be caused by restored to their original conditions upon and rehabilitation. completion of construction work. solid waste generated such as • Topsoil stockpile will be secured with plastic. excavated soil, residual from Ensure installation of safety barriers at construction material and equipment construction sites, and monitoring and informing cleaning (oily rags, used oil, worn out down-slope communities of construction spare parts etc.) and domestic solid schedules to avoid accident / incident. waste from labor camp. • Ensure that no soil is left unconsolidated after completion of work and excess will be disposed of at designated sites. • Ensure storage of fuel, paint, and oil containers, oil filters, oily parts, and oily rags on impervious floor. Material Safety Data Sheets (MSDS) will be strictly followed. • Ensure no borrow pits left unusable that be filled with rainwater and cause the problems for the community. • Perennial grasses, sod, shrubs, and trees will be planted to control the runoff on the site. 6. Surface and Surface water and groundwater may get • Ensure that construction debris do not find their Contractor Subproject Monthly Visual checks √ √ √ √ Groundwater contaminated due to the surface runoff way into the drainage or nullah, canals and nearby Area /Weekly Environmental Contamination (likely to contain oil and other river (where applicable) which may get monitoring, automotive/mechanical fluids, washing contaminated. sampling and of construction equipment and • Prohibit washing of machinery and vehicles in testing reports as surface waters. machinery as well as chemicals, per monitoring • Wastes will be collected, stored and taken to sediments and materials used in the Framework (as approve disposal site; and construction process). Liquid waste may • Ensure compliance with NEQS or international advised by leachate from solid waste and percolate standards/guidelines, whichever is stringent will be Environment to the ground water-table, causing followed). Specialist) contamination. Waste Management plan implementation 7. Chance Findings Subprojects may encounter the chance Prepare a detailed Physical Cultural Resources Contractor Subproject Monthly Visual checks √ √ √ √ of Important finding of important physical cultural Management Plan based on the guidelines provided Area /Weekly Waste Physical and resources during excavation / and ensure compliance. Management plan construction activities. Risk of damage, Cultural implementation result in community unrest and Resources dissatisfaction. 8. Traffic Issues Movement of project vehicles for • Ensure movement of project vehicles during the Contractor Subproject Monthly Vehicle √ √ √ √ construction material supply, traffic nighttime. Area /Weekly maintenance problems may arise for the commuters • Ensure controlled speed of the vehicles. record and transporters including traffic jams, • Avoid damages to existing roads. Training record soil erosion, debris flow, dust emissions, • Ensure installation of proper safety sign boards. Implementation of vibrational impacts, etc. • Ensure compliance with Traffic Management Plan. TMP Regular visual checks KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-18 Monitored by Performance Monitoring Monitoring MEC Sr. Parameter Project Impacts Mitigation Measure Implemented by Monitoring Location Frequency PMU PIUs DSC (Third No. Indicators Party) 9. Ambient Air Loading/ unloading and stocking of • Vehicles, machinery, equipment and generators (if Contractor Subproject Monthly Visual checks √ √ √ √ Quality and construction material, transportation of required) used should be kept in good working Area /Weekly Environmental Greenhouse construction and excavated material, condition and be properly tuned and maintained. monitoring, Gases diesel generator, construction • Construction materials and spoil materials will be sampling and equipment, vehicles slope cutting (where transported through trucks covered with tarpaulins testing reports, as and all vehicles. applicable), site clearance, excavation, per Monitoring • Open burning of solid waste at construction site will concrete batching and concrete mixer, Framework (as not be allowed. causing an increase of emission of • Ensure compliance with the NEQS and IFC/WHO advised by carbon monoxide, sulfur oxides, nitrogen guidelines whichever is stringent (if required or as Environment oxides, un-burnt hydrocarbons and other advised by Environment Specialist). Specialist) greenhouse gases, as well as fine • Ensure provision of PPEs to staff. Vehicle particulate matter. • Ensure regular water sprinkling of the site. maintenance • Ensure regular monitoring of air quality as per records monitoring plan. Water sprinkling • Awareness programs of causes and effects of records. climate change will be conducted for mitigating GHG emissions, ensure plantation of trees and use solar panels where possible. 10. Noise/ Vibration Noise and vibration will be produced due • Construction vehicles and machinery will be kept Contractor Subproject Monthly Physical √ √ √ √ to the operation of construction in good working condition to minimize noise and Area /Weekly observation machinery (concrete mixer, vibrators, vibration. Environmental bulldozers, excavators, pneumatic • High noise emitting equipment (if any) will be used monitoring, machinery, etc.), increase traffic and during regular working hours (6am to 6pm). sampling and generators. • Ensure provision of PPEs to workers and train testing reports, as them in their use. per Monitoring • Preferably, restricting construction vehicles The cumulative effects from several movement during nighttime. Framework (as machines may be significant and may • Vehicles and equipment used shall be fitted, as advised by cause significant nuisances. applicable, with silencers and properly maintained. Environmental • Complaints will be recorded and responded to in a Specialist) timely and professional manner. Vehicle • Ensure the compliance with NEQS and IFC/WHO maintenance guidelines whichever is stringent (if required or as records advised by Environment Specialist). 11. Construction Improper construction camp location and • Labor Influx Management and Construction Camp Contractor Subproject Monthly Visual checks and √ √ √ √ Camps / Camp mismanagement of construction camp Management Plan will be prepared based on LMP Area /Weekly photographic Sites66 activities can lead to various social and and must be followed. record. environmental impacts which include • Avoid setting camps where their presence might Waste health and safety, traffic problems, soil contribute to any conflicts with locals. Management plan degradation, loss of vegetation and • Involve locals for employment to minimize the implementation tension. assets on the selected land, solid waste • Warn the staff strictly not to involve in any unethical and water pollution. Cultural differences, activities and to obey the local norms and cultural behavior of construction workers, restrictions. potential disregard for local cultural • Effluents from the construction camp will be norms can lead to increased tension disposed by the development of on-site sanitation between local communities and workers systems i.e. temporary septic tanks. residing in the construction camps. • Site for construction camp will be selected at least 500 m away from the settlements and any ecological sensitive areas. 66 It is expected that for all proposed subprojects, local labor / workers may be hired and returned to their residences on daily basis. However, this impact may be applicable where the contractor (s) needs to established the construction camp. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-19 Monitored by Performance Monitoring Monitoring MEC Sr. Parameter Project Impacts Mitigation Measure Implemented by Monitoring Location Frequency PMU PIUs DSC (Third No. Indicators Party) • Ensure compensatory plantation to be done when construction work near ends; • Ensure proper waste management practices including safe handling, storage, collection and disposal of construction/municipal/hazardous wastes (liquid and solid) and the training of employees who handle waste (as advised by Environment Specialist). • Ensure rehabilitation of site upon completion. • Ensure compliance with NEQS. 12. Generation of Different types of waste including • Endure safely disposal of waste in demarcated Contractor Subproject Monthly Visual checks and √ √ √ √ Solid Waste construction, municipal and hazardous waste disposal sites. Area /Weekly photographic (Construction, wastes are likely to be generated. All • Ensure training of work force in the storage and record. Municipal and these, if left unattended, can become a handling of hazardous materials and chemicals, Waste Hazardous source of nuisance and environmental waste minimization and reuse to reduce quantity of Management plan the waste. Waste) pollution in the subprojects area, may implementation • Labor workforce (including community labor) will cause blockages in drainage channels, be trained on the handling, storage, and disposal contamination of nearby water bodies, of construction waste. Burning of waste shall be groundwater and soil contamination prohibited. (render them unfit for plantation). Empty • Ensure provision of PPEs to all type of workers and containers containing the toxic, trained them in their use. flammable and corrosive materials may • Site Specific Solid Waste Management Plans pose hazard to the workers and public. (SWMPs) must be prepared and followed. • Address the accidental spillage of fuels and hazardous goods immediately. Ensure immediate collection of spilled oils/fuels/lubricants. • Construction waste should be crushed and reused in other sites, where possible. • Ensure that no waste or left over construction material is left behind in the cultivation fields. 13. Occupational Occupational Health and Safety (OHS) • Ensure preparation of the site specific OHS plan in Contractor Subproject Monthly Implementation of √ √ √ √ Health and related impacts may arise during compliance with relevant sections of the WBG Area /Weekly OHS Plan. construction phase due to the proposed General EHS Guidelines (WBG 2007), Khyber Use of PPEs. Safety Pakhtunkhwa Occupational Safety and Health Act, Training Records. subprojects (subcomponents under A1, 2022 and chosen methodology and ensure Work permits A2, B2, B3 and C1) installation of compliance. Contractor camps (if required), Implementation of • Ensure the provision of medicines, fire prevention movement of machinery and manual and firefighting equipment, PPEs, first aid kits etc. Emergency handling during loading unloading at the camp site (if established). Response Plan. operation, as result of these works there • Complying with the NEQS and safety precautions Implementation of will be a direct impact on the health and for the construction workers as per applicable ILO GRM safety of all staffs working in subprojects. Conventions. Medical reports of • Training of workers in construction safety worker. procedures, environmental awareness, equipping Accident/Incident all construction workers with safety boots, helmets, gloves and protective masks, goggles, shields and reported. monitoring their proper and sustained usage. • Ensure that the site will be restricted for the entry of irrelevant people particularly children, disabled and elderly peoples. Ensure the use of safety signs at the construction site. 14. Community Community health and safety issues • Ensure preparation the site specific community Contractor Subproject Monthly Implementation of √ √ √ √ during the construction of proposed health and safety plan in compliance with relevant Area /Weekly CH&S Plan. Health and subprojects (subcomponents A1, A2, sections of the WBG General EHS Guidelines Community Safety B2, B3 and C1) may include dust, noise, (WBG 2007), chosen methodology and will be Concerns Record. and vibration from construction vehicle required to strictly follow. Training Records. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-20 Monitored by Performance Monitoring Monitoring MEC Sr. Parameter Project Impacts Mitigation Measure Implemented by Monitoring Location Frequency PMU PIUs DSC (Third No. Indicators Party) transit, and communicable disease • Ensure that the site will be restricted for the entry Implementation of associated with the influx of temporary of irrelevant people particularly children, disabled GRM construction labor, roadside accidents, and elderly peoples. Ensure the use of safety signs Medical reports of effect on water quality, Conflicts with at the construction site and compliance with worker. NEQS. Ensure effective implementation of GRM to locals etc. Accident/Incident timely address the issues. • Close consultation with local communities to reported. identify optimal solutions for diversions to maintain community integrity and social links. • Ensure health awareness, road safety, training on defensive driving, education initiatives; training heath workers in disease treatment; immunization program and providing health service. • Ensure compliance with updated / latest SOPs/guidelines issued by WHO and the national guidelines issued by the GoP67. • Ensure prevention of larval and adult propagation of vectors through sanitary improvements and elimination of breeding habitat near to human settlements and by eliminating any unusable impounding of water. • Ensure due care of the local community and observe sanctity of local customs and traditions by his staff and not to involve in any unethical activities and to obey the local norms and cultural restrictions. • 15. Flora Construction activities related to the • Ensure to minimize vegetation removal and land Contractor Subproject Monthly Visual checks √ √ √ √ subprojects (including associated clearing. Area /Weekly Regular activities, such as the excavation, • No Objection Certificate (NOC) must be obtained monitoring, audit clearing of land, establishment of labor from concerned Forest / Agriculture Department and checks camps, quarries, and borrow areas) may (where required). Departmental have the potential to adversely affect • Subprojects will not be implemented inside consultations protected areas or other ecologically important or floral species of the areas, particularly record sensitive areas. due to vegetation removal, dust laden, • Compensatory planting of ten trees against each exhaust of noxious gases may adversely fallen tree of similar floral function. affect health and vigour of plants. • Ensure regular water sprinkling. Increased labor may involve in illegal • Workers will be strictly directed not to damage any harvesting of natural resources, also nearby vegetation and cutting of trees, bushes for damage and cut the ornamental plants fuel will not be allowed. and trees, for use as fire-wood to fulfil • Construction vehicles, machinery and equipment will remain confined within their designated areas their requirements. of movement. • Ensure compliance with the NEQS and IFC/WHO guidelines whichever is stringent (as per advice of Environment Specialist). 16. Fauna Existing population of mammals and • Care shall be taken during construction activities Contractor Subproject Monthly Visual checks √ √ √ √ reptiles of the subproject areas will be for avoiding purposely or chance killing of animals. Area /Weekly Regular affected due to disturbance arising from • Avoid o minimize mature trees and specially those monitoring, audit construction activities involving providing nesting habitat to avifauna. and checks excavation, movement of machinery, • Speed of construction vehicles should be limited to Departmental movement of labor, camping, etc. The in certain limits to avoid killings of reptiles and other consultation fauna. existing animals may leave the directly record 67 https://covid.gov.pk/guideline KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-21 Monitored by Performance Monitoring Monitoring MEC Sr. Parameter Project Impacts Mitigation Measure Implemented by Monitoring Location Frequency PMU PIUs DSC (Third No. Indicators Party) affected areas due to construction • Hunting, poaching and harassing of wild animals activities and human intervention. Birds shall be strictly prohibited, as well will tend to move away from the • Provision of culvert for the movement of different construction area. Noise and vibration faunal species may be provided (where required). generated from construction machinery • Minimize impacts on the wild birds, such as avoiding noise generating activities during the will even scare the wildlife. Food and critical periods of breeding. waste may attract animals that might in • Labor workforce (including community labor) will turn be hunted by the workers. be trained on the handling, storage, and disposal of construction waste. • Ensure compliance with NEQS. POTENTIAL ENVIRONMENTAL IMPACTS AND MITIGATION MEASURES DURING OPERATIONAL / COMPLETION PHASE 17. Ambient Air Operation of stand-by generator and un- • Ensure the use of low sulphur fuel. E&S staff of Line Subproject As and when Visual observation √ NA NA NA Quality and necessary idling of diesel run will also • Ensure plantation of trees around the subproject Departments/P&DD Area required basis and checks. Climate Change result in the emission of pollutants (CO, areas that will help in absorbing the emissions. Environmental Aspect Smoke, NO2, SO2, PM2.5 and PM10 etc.) • The height of the generator stacks shall be enough monitoring, and the maintenance works of to disperse the emissions in the air. sampling and subprojects into the air, thus • Use of solar panels instead of fuel generator to testing reports, as conserve energy. deteriorating air quality. per Monitoring • Provision of budget for regular monitoring of Framework (as ambient air quality in accordance with stringent environmental quality standards / guidelines advised by (NEQS and IFC/WHO guidelines). Environment Specialist) 18. Noise and Noise and vibration levels may be • Ensure regular maintenance and periodic checking E&S staff of Line Subproject As and when Physical √ NA NA NA Vibration increased due to the standby generators, all parts of the standby generators, replacement in Departments/P&DD Area required basis observation maintenance works of subprojects and case of malfunctioning and periodic noting of noise Environmental traffic which will be a constant source of levels. monitoring, nuisance to the nearby communities. • All generators will be housed in closed rooms or sampling and buildings particularly for water supply schemes. testing reports, as • Installation signs to disallow the use of pressure per Monitoring horns. • Provision of budget for regular monitoring of Framework (as ambient air quality in accordance with stringent advised by environmental quality standards / guidelines Environmental (NEQS and IFC/WHO guidelines). Specialist) Vehicle maintenance records 19. Water Supply Certain environmental risks from the • Ensure regular inspection of the cracked and E&S staff of Subproject As and when Maintenance and √ NA NA NA Schemes operation of the water supply system i.e. deteriorating pipes, leaking joints; frequent line relevant Line Area required basis cleaning record. accidental leakages, bursts and blockages; lines that generally flow at or near Departments/P&DD Audits and check blockages of lines, overdosing of capacity; and suspected infiltration or exfiltration regularly. chlorine, contamination due to sewer and maintain records. • Develop an Emergency Response System for the pipes, soil and groundwater pollution etc. water system leaks, burst and overflows. may cause severe health impact to the • Provide necessary health and safety training to the worker and end users as well. staff. • Develop standard operating procedures for operation and maintenance of water main supply, and provision of sufficient O&M staff in annual budget. • Regular monitoring of chlorine dosing as per recommended values. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-22 Monitored by Performance Monitoring Monitoring MEC Sr. Parameter Project Impacts Mitigation Measure Implemented by Monitoring Location Frequency PMU PIUs DSC (Third No. Indicators Party) • Safety protocols related to disinfectant process will be defined and communicated to the worker responsible to the chlorination process. • Development of a system to register public complaints and urgent clearance of blockages in the system. 20. Reduced Improvement of irrigation channels while Ensure the watercourse lining to 50 percent in the E&S staff of Subproject As and when Visual observation √ NA NA NA Groundwater conserving water by reducing the water areas with fresh groundwater. This will ensure relevant Line Area required basis and checks. Recharge seepage from the irrigation channels can adequate groundwater recharge from the remaining Departments/P&DD also potentially reduce the places. groundwater68 recharge thus affecting among others the drinking water source for the local population. 21. Enhanced Use of The subprojects supported interventions • Awareness program should be conducted to avoid E&S staff of Subproject As and when Regular √ NA NA NA Pesticides (water ponds, reservoirs, small dams, the inhaling pesticide emissions, handling and relevant Line Area required basis monitoring. irrigation channels etc.) that would PPEs, destruction and removal of the empty Departments/P&DD Relevant Training increase the water supply efficiency and packages, regular medical checkup, soil records the amount of water availability per contamination etc.; Use of PPEs • Containers that have held pesticide formulations farmer/unit area that may lead to Medical check- classified as highly hazardous or extremely increase application of hazardous must not be reused. ups of Farmers fertilizers/pesticides by the farmers • Concerted efforts by the Agriculture Department to which may cause contamination of soil, disseminate information regarding sustainable use water and sickness incidence of of fertilizers will help in keeping the use at an pesticide applicators, sickness in women optimal level. cotton pickers, industrial worker • Use of restricted pesticides identified by WHO shall poisoning, irrigation and drinking water, not be allowed. generation of toxic solid waste etc. 22. Liquid and Solid Wastewater may generate by the • Ensure training program regarding waste E&S staff of Line Subproject As and when Regular √ NA NA NA Waste workers during the operation and minimization quantity of the waste. Departments/P&DD Area required basis monitoring. Generation maintenance related activities. The • Ensure compliance of NEQS, if required; Relevant Training improper disposal of liquid and solid • Ensure immediate collection of solid waste after records waste can cause air, water, and soil the competition of maintenance works, no waste or Use of PPEs pollution. left over construction material is left behind. Implementation of • Lime treatment will be carried out to reduce odors, Waste particularly hydrogen sulfide, which is not only a nuisance odor, but also can be dangerous. Management Plan • Ensure compliance with World Bank Group EHS Environmental Guidelines for Waste Management Facilities. monitoring, • To minimize the risks to human health from landfill sampling and gas, an active gas collection system will be testing reports, as installed and monitored. Ensure plantation around per Monitoring the waste disposal facilities. Framework (as advised by Environment Specialist) 23. HSE Operation and maintenance activities • Ensure proper maintenance of machinery and E&S staff of Line Subproject As and when Physical √ NA NA NA Considerations may cause health and safety risks to equipment, staff training, and other preventive Departments/P&DD Area required basis observation. staff and nearby communities such as measures. Regular movement of machinery and manual • Proper storage and handling of generator fuel, monitoring, audits handling during loading unloading chemicals and solvents. and check reports 68 The sources of groundwater recharge are: seepage from the irrigation systems, including ponds; application of irrigation water, rainfall etc. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-23 Monitored by Performance Monitoring Monitoring MEC Sr. Parameter Project Impacts Mitigation Measure Implemented by Monitoring Location Frequency PMU PIUs DSC (Third No. Indicators Party) operation, poor handling and storage of • Ensure emergency prevention, preparedness and Training Records. hazardous substances, injuries due to response arrangements. Work permits electric shocks, falling of objects, slips or • Ensure provision of PPE’s to the skilled and trips, dust, noise, accidents, unskilled labors; transmittable diseases etc. • Hazardous materials should be well labeled and stored in their original containers. • Ensure that the site will be restricted for the entry of irrelevant people. • Ensure health awareness; education initiatives; training heath workers in disease treatment and prevention; immunization program and providing health service. • Staff will strictly warn, not to involve in any unethical activities and to obey the local norms and cultural restrictions. 24. Flora and Fauna No major impacts are anticipated on flora • Efforts will be made to avoid cutting of trees during E&S staff of Line Subproject Biannually / As Monitoring of √ NA NA NA and fauna during operation / completion maintenance work as far as practically possible. Departments/P&DD Area and when Plantation phase except during maintenance • Compensatory planting of trees required basis Relevant Training works. (suitable/indigenous for the area) against each records fallen tree of similar floral function will be planned (as per one ratio ten). • The pathways of locally available wildlife and livestock for food, shelter and other normal activities must be compensated with proper alternative routes/pathways & water points must be provided (where applicable) to minimize the impact and movement of available wild and domesticated animals. • Strict control must be exercised for stoppage of killing/poaching of available wildlife species. Table 7-4 (b): Social Mitigation and Monitoring Plan Monitored by Sr. Monitoring Monitoring Performance Monitoring MEC Parameter Project Impacts Mitigation Measure Implemented by No. Location Frequency Indicators PMU PIUs (Third Party) POTENTIAL SOCIAL IMPACTS AND MITIGATION MEASURES DURING PLANNING/DESIGN PHASE 25. Community May exacerbate • Sustained community Social mobilizers in Sub project sites Weekly Number of field √ √ NA engagement socioeconomic inequality by engagement and careful PIU. Oversight by and areas near consultations/meeting design benefitting some individuals or Social Specialist and infrastructure minutes groups disproportionately Project Officer works 26. Land disputes Although extensive land • Strictly follow prescribed VLD Project Sub project sites As and when Steps in VLD process or √ √ √ acquisition is not envisaged, procedures and other Director/Deputy required land acquisition process measures laid out in work on communal lands, as is Project Director/Social completed Resettlement Framework typically held in NMDs, may Specialist and PIU trigger inter and intra tribe social mobilization disputes staff KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-24 Monitored by Sr. Monitoring Monitoring Performance Monitoring MEC Parameter Project Impacts Mitigation Measure Implemented by No. Location Frequency Indicators PMU PIUs (Third Party) 27. Improper targeting of Project proponents may be • Sustained community PMU Project area Weekly/monthly Adherence to agreed √ √ √ beneficiaries under pressure to oblige some engagement. Coordination criteria person(s) or tribe(s) with local administration to manage social dynamics POTENTIAL SOCIAL IMPACTS AND MITIGATION MEASURES DURING CONSTRUCTION / IMPLMENTATION PHASE 28. Lack of capacity for Increased digitization may put • Training Social Specialist to Project area As needed Trainings √ NA NA digitization amongst NMD based government organize training if government office servants at a disadvantage needed staff in NMDs 29. Conflict over jobs The increased economic • Adhere to hiring criteria PMU staff in charge of Project area Weekly Adherence to hiring √ NA NA activity may trigger intense • Enlist help of local hiring as well as criteria and processes competition over jobs administration to manage contractors who will conflict work on sub-projects 30. Exclusion from Vulnerable groups and • Recruitment systems to be Social Specialist Project area As and when Recruitment guidelines √ NA √ employment members of underserved transparent and predictable. required and rules followed communities may be excluded • All project staff with functions related to from employment recruitment will be trained on opportunities social inclusion and the relevant government and Bank regulations. • All project workers will be trained on the Grievance Redress Mechanism and will be encouraged to use it in case of complaints related to employment 31. Forced and child labor Contractors or community • Complete prohibition and Social Specialist and Project Area Weekly In person monitoring of √ √ NA may use forced labor or child enforcement of LMP team sites labor provisions 32. Cultural resources Chance findings of such • Physical and Cultural Social Specialist and Project Area As and when Implementation of √ √ NA resources Resources Management team required PCRMF Framework 33. Gender Based Greater economic and social • GBV Action Plan Social Specialist and Project Area As and when GBV Action Plan √ √ √ Violence and activity to lead to these specialized advisors required operationalized Harassment impacts 34. Security Project activities may attract • Implementation of security Security agencies and Project Area As and when √ √ NA miscreants plan local administration required 35. Misappropriation of Flow of funds may generate • Financial management Finance Management PMU and PIUs As and when Financial indicators √ √ √ funds corruption processes put in place staff as well as VCs required POTENTIAL SOCIAL IMPACTS AND MITIGATION MEASURES DURING OPERATIONAL / COMPLETION PHASE KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-25 Monitored by Sr. Monitoring Monitoring Performance Monitoring MEC Parameter Project Impacts Mitigation Measure Implemented by No. Location Frequency Indicators PMU PIUs (Third Party) 36. Vulnerable groups Use of infrastructure created • Facilities created will be Social Specialist and Project area Post project Use of facilities and √ √ √ excluded from by project may be restricted to accessible to women and team schemes benefits only certain groups, notably persons with disabilities through special design able bodied men features • Consultations throughout project preparation and implementation KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-26 7.13 GUIDELINES FOR THE PREPARATION OF SITE SPECIFIC MANAGEMENT PLANS Prior to mobilization, within 30 days of commencement, the Contractors will develop SSESMP and SSHSP with the support / consent of Environment and Social Specialists-PMU based on the WB EHS guidelines (refer Annex K), which will be relevant to his chosen methodology and meet the requirement of this ESMF69. The Contract Agreement will have appropriate clauses to bind the Contractors for the above obligations. Guidelines for various management plans have been prepared as a part of ESMF for the better management and implementation of ESMF during all phases of the proposed subprojects. However, these plans will be updated by Contractor and require from E&S staff PMU should be sought before start of construction activities. These plans are listed below: • Tree Plantation / Reforestation Plan; • Community Health and Safety Plan; • Occupational Health and Safety Plan; • Emergency Response Plan; • Restoration and Rehabilitation Plan; • Waste Management Plan; and • Traffic Management Plan. 7.13.1 Tree Plantation / Reforestation Plan The basic purpose of reforestation/afforestation/plantation of suitable species in the subproject areas is to reduce the risk been made due to cutting of trees for the proposed subprojects and to enhance green cover and improve the overall environment of the area. Reforestation will not only reduce the risk been made but will also increase the carrying capacity of the area regarding many positive aspects. Afforestation will be done in those areas in which there is low forest cover or in areas which have been clearly felled and leave barren. Afforestation is highly important to maintain the biodiversity and ecological balances. It is also important to prevent global warming, soil erosion and pollution. Afforestation purifies the environment and helps in reducing the carbon dioxide level. Along with the importance of proposed subprojects to the local communities, the afforestation activity will further help in enhancing the socio-economic condition of the local communities. The spacing of the plantings should be wide enough to prevent competition for soil moisture, or when part of management, to accommodate machinery used for irrigation/ agriculture practices. Based on the estimation, total cost of approximately 20,000 numbers of trees/plants will be 40 million PKR. The details are attached as Annex D. 69 only for those sites which may require preparation of an ESMP according to the screening criteria as per advise of Environment Specialist KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-27 7.13.2 Community Health and Safety Plan The community health and safety plan recognizes that project activities in general, and certain sub-projects that can potentially create health and safety risks for communities. The purpose of this plan is to inform community members of whom to call with questions or concerns, worksite hazards and monitoring protocol and strategies being used to protect the community from possible hazards. The construction activities and conflicts due to labour influx affect the nearby communities. The Contractor will take due care of the local community and observe sanctity of local customs and traditions by his staff. Local population will also be hired in construction related jobs. During construction phase, Contractors will be responsible for all to comply with WBG EHS Guidelines, 2007. Guideline for the Community Health and Safety Plan is attached as Annex L. 7.13.3 Occupational Health and Safety Plan Health risks and work safety problems may result at the workplace if the working conditions provide unsafe and/or unfavorable working environment due to storage, handling and transport of construction material. Workers should be provided with safe and healthy working environment taking into account risks inherent to the particular sector and specific classes of hazards in subproject areas. During construction phase, Contractors will be responsible for all to comply with WBG EHS Guidelines, 2007. Guideline for the Health and Safety Plan is attached as Annex K. The ultimate goal of the plan is to eliminate any injury to human and damage to facilities, materials and the environment. The following measures are identified for health, safety, and environment protection during all activities of the proposed project to minimize risk of accidents, which could endanger the life of personnel, cause damage to properties and environment: • All Contractor staff shall be well informed and trained on the HSE policies and guidelines; • Contractor shall provide adequate health services as well as site first aid services for its workforce; • Work safety measures and good workmanship practices shall be followed by the Contractor to ensure no health risks for workers; • Provision of adequate sanitation, washing, cooking and dormitory facilities, if required; • Proper maintenance of facilities for workers shall be monitored, if applicable; • Provision of protective clothing for laborers handling hazardous materials, e.g. helmet, adequate footwear, protective goggles, etc. and Contractor will ensure strict use of wearing these protective clothing during work activities; • A comprehensive Emergency Response Plan (ERP) should be developed and implemented at site; • Accidents shall be reported to and investigated by the Contractor. All personnel shall be encouraged to report all accidents/incidents and to cooperate in the investigation of such occurrence. A comprehensive accident/incident report should be shared with respective E&S Focal Persons for its review and necessary action; • Adequate signage, lightning devices, barriers, and persons with flags during construction to manage traffic at haulage and access roads shall be conducted, as per advise of Environment Specialist; KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-28 • The communicable diseases of most concern during construction phase, like sexually- transmitted diseases such as HIV/AIDS, COVID-19 should be prevented by successful initiative typically involving health awareness, education initiatives, training heath workers in disease treatment, immunization program and providing health service; • Reducing the impacts of vector borne diseases on long-term health effect of workers should be accomplished through implementation of diverse interventions aimed at eliminating the factors that lead to disease; • All construction activities shall be properly managed through careful planning and the applicable and relevant HSE policies / guidelines; and • Prior approval from respective E&S Focal Persons should be sought before starting any construction related activity. 7.13.4 Emergency Response Plan Emergency Response Plan (ERP) provides an overview of the procedures to mitigate and control the impacts on community, on occupational health and safety, on the environment and on the project in the event of emergency situations and to respond in life threatening situations usually occurring suddenly and unexpectedly during the construction and operational phases of the proposed subprojects under KPRIISP. The Contractors will be responsible for the preparation of plan and implemented at site after prior review and approval from the DSC and proponent. Guidelines for ERP is attached as Annex C. 7.13.5 Restoration and Rehabilitation Plan The implementation of the proposed subprojects may result in accumulation of large amount of unused or spoil material at various sites which will change the existing land cover in the subprojects areas. After completion of the construction work, it is required to restore the disturbed area to its original conditions wherever it is possible that is the sole responsibility of the Contractors. Following are the measures have been suggested for the restoration of these areas: • Sites disturbed by construction activities will be restored to their original conditions upon completion of construction work and photographic record will be maintained to ensure pre-post subproject conditions intact; • The topsoil stockpile will be secured with plastic. Following construction, the topsoil will be applied evenly to the site during the restoration process. The topsoil will be properly compacted and stabilized to prevent erosion and sediment transport; • It will be ensured that no soil is left unconsolidated after completion of work and excess will be disposed of at designated sites; • All the construction, toxic and hazardous chemicals/materials shall be completely removed from the site; • The area should be planted with indigenous vegetation that would require the initial establishment of fast growing grasses along with annuals and perennials, nitrogen fixing herbaceous legumes and non-legume shrubs to increase the soil conditioning and to stabilize the subproject sites; • All fencing, if required, shall be removed and pits shall be backfilled; • The reconstruction of interrupted drainage channels and pipes, where applicable, shall be carried out; • Rehabilitation of affected roads should be carried out to avoid any inconvenience to the road commuters; and KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-29 • A clearance certificate has to be taken by the Contractor in this regard. 7.13.6 Waste Management Plan Management of solid and hazardous waste is one of the most important issues during construction phase of the subprojects. The construction waste will include wastewater, oil spillage from machinery and solid waste (damaged or spoiled materials, temporary and expendable construction materials, etc.). Insecure and unhygienic disposal of the wastes may cause degradation of soil, land and water resources. However, a criterion has been developed for the solid and hazardous waste management at site. The criterion for plan is as follows: • All the anticipated solid wastes should be collected through a properly designed solid waste management system, as per advise of Environment Specialist; • Classification will be made based on organic waste, recyclable waste, reusable waste (for resource and recovery) and waste for disposal site. Based on the conditions of the region, organic waste should be frequently collected to avoid odour problems; • Recyclable, reusable and waste for disposal site should be collected twice a week and on alternate days and should be transferred to a properly designed disposal site; • The sewage system for camps, if established, shall be properly designed to receive all sanitary wastewaters; • Construction waste i.e. waste concrete, bricks, cement, etc. should be disposed of at the designated areas; • Construction waste will be routinely collected and safely disposed of in clearly demarcated waste disposal sites located near each subproject site following international best practices; • The labor workforce (including community labor) will be trained on the handling, storage, waste minimization, and reuse and recycling to reduce quantity of the waste for disposal and proper disposal of waste. Burning of waste shall be prohibited; • Construction related staff should be encouraged and educated to practice; and • It will be ensured that no waste or left over construction material is left behind in the cultivation fields. Based on the above guidelines, Contractor will be responsible for the preparation of site specific Waste Management Plan before the commencement of construction activities and its implementation at site after the prior review and approval from DSC and E&S staff PMU. 7.13.7 Traffic Management Plan A comprehensive Traffic Management Plan (TMP) will be developed by Contractor mentioning routes to be followed for transportation of construction machinery and materials e.g. cement, gravels, sand, solar system etc. TMP will comprise following contents necessarily: • Goals and objectives of plan; • Purpose & Scope; • Project specific traffic; • Roles & responsibilities of Contractors environmental personnel; • Routes to be followed along with necessary maps; • Transportation timing; and • Mechanism to address road accidents (if occurs). KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-30 Guideline for TMP is attached as Annex F. 7.13.8 Chance Find Procedure The purpose of these guidelines is to address the possibility of archaeological deposits, finds and features becoming exposed during earth removing and ground altering activities associated with the construction and to provide procedures to follow in the event of a chance archaeological find. The chance find procedure of archaeological deposits is attached as Annex E. 7.14 MONITORING FRAMEWORK Monitoring framework is also associated with mitigation plan during the different phases of the subprojects. It ensures that mitigation measures are being effectively implemented. The monitoring of the subprojects is very imperative for implementation of the ESMF. The E&S staff- PMU will carry out the monitoring at the field level on a continuous basis while MEC will also carry out intermittent third-party monitoring of ESMF implementation. 7.14.1 Monitoring Mechanism Monitoring of E&S management is an essential tool for assessing whether the adopted environmental and social management measures are meeting their stated objectives. Two complementary methodology approaches are being applied to monitor the proposed actions under the ESMF: • Compliance monitoring; which checks whether the actions proposed by the ESMF have been carried out by visual observation, photographic documentation and the use of checklists prepared for the ESMF; and • Effects monitoring; which records the consequences of program activities on the biophysical and social environment; as applicable, these effects are repeatedly measured by applying selected indicators. The plan also defines the monitoring mechanism and identifies a set of verifiable monitoring parameters to ensure that all proposed mitigation measures laid down in the ESMF are completely and effectively implemented. Monitoring will be carried out to ensure that the mitigation plans are regularly and effectively implemented. It will be performed at E&S staff -PMU and PIUs levels and by the Contractor. At Contractor’s level, the environmental monitoring checklist will be filled on daily basis, or as per frequency and responsibilities defined in the ESMPs and concurred by concerned specialists, by their environmental manager and countersigned by the representative of E&S staff-PMU/PIUs. Table 7.5 provides environmental monitoring schedule for different stages of the proposed subprojects. A template form for environment and social monitoring is provided as Annex-M. . KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-31 Table 7-5: Environmental Monitoring Framework Sr. Monitoring Parameters / Monitoring Monitoring and Reporting Monitored by during Receptor Locations Responsibility No. Performance Indicator Mechanism Frequency Construction 1 Water Resources/ Water Quality Compliance with all parameters as per Within Subprojects Areas Visual checks Once before the start of construction Contractor E&S staff PMU along with (as advised by Environment NEQS, WHO and FAO standards activities; nominated E&S Focal Person at Specialist70) (whichever is stringent) Sampling from nearby water Discrete grab On bi-annually basis during the Contractor district level/DSC/MEC bodies. Three (03) Surface / sampling and construction; Wastewater sample for each laboratory testing of At least once a year during Operation Proponent district. water samples by phase. Three (03) Drinking / Groundwater EPA approved sample for each district. Laboratory for monitoring. 2 Air Quality Monitoring of CO, CO2, SOx, NOx, HC Within Subprojects Areas Visual checks Once before the start of construction Contractor E&S staff PMU along with (as advised by Environment and PM2.5 PM10 and compliance with activities; nominated E&S Focal Person at Specialist) NEQS and IFC/WHO guidelines Three (03) points for each district. Onsite Ambient Air On bi-annually basis during the Contractor district level/DSC/MEC (whichever is stringent) Monitoring EPA construction; approved Laboratory At least once a year during Operation Proponent Condition of construction machinery, for monitoring. phase. generators, and vehicles in terms of exhaust emissions. Covering and spraying of soil and temporary spoil piles. 3 Noise Pollution Compliance with dBA Leq. as per NEQS Within Subprojects Areas Visual checks Once before the start of construction Contractor E&S staff PMUalong with (as advised by Environment and IFC/WHO (whichever is stringent) activities; nominated E&S Focal Person at Specialist) Three (03) point for each district Monitoring of noise On bi-annually basis during the Contractor district level/DSC/MEC level at site. construction; At least once a year during Operation Proponent phase. 4 Soil Contamination Soil contamination, uncontrolled solid Within Subprojects Areas Visual observations Once before the start of construction Contractor E&S staff PMU along with (as advised by Environment waste disposal activities at sites. and checks activities; nominated E&S Focal Person at Specialist) Three (03) point for each district On bi-annually basis during the Contractor district level/DSC/MEC Sites with severe contamination. Sampling and construction; laboratory testing for At least once a year during Operation Proponent soil samples. phase. 5 Ecological Resources Disturbance to natural habitat, wildlife, Within Subprojects Areas Visual checks to Monitoring and reporting on monthly Contractor E&S staff PMUalong with trees cutting. ensure that only basis during the construction stage. nominated E&S Focal Person at marked trees are cut. district level/DSC/MEC Monitoring of Wildlife / birds hunting. 6 Public Infrastructure / utilities Disturbance or damage to public Public infrastructures within the Random visits and Prior to the start of construction. Contractor E&S staff PMU along with infrastructure/ utilities subprojects area. These consultations with Reporting will be done on the basis nominated E&S Focal Person at structures will be verified prior to AP’s. of recommendation. district level/DSC/MEC the start of construction. 7 Waste Management Collection, disposal, and management Within subprojects areas Random visits and Daily Contractor E&S staff PMU along with of solid and liquid waste. consultations with nominated E&S Focal Person at AP’s. district level/DSC/MEC 70 Since the project footprints are not finalized at this stage, therefore the no. of environmental monitoring sample can be decreased or increased, as per advice of Environment Specialist. However, keeping in view the extent of subproject activities, five sample for each category (water, soil, ambient air and noise level) has been considered for reference from each district. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-32 Sr. Monitoring Parameters / Monitoring Monitoring and Reporting Monitored by during Receptor Locations Responsibility No. Performance Indicator Mechanism Frequency Construction Monitoring Checklists and Reports etc. 8 Community around the subproject Use of common resources. Communities within the area of Community Prior to the start of construction and Contractor E&S staff PMUalong with corridor Hindrance to mobility. influence. consultations. during the construction phase. nominated E&S Focal Person at Community health and safety Reporting will be done on the basis district level/DSC/MEC of recommendations of E&S staff- PMU. 9 Labour Management Child labour, employment conditions, Within subprojects areas Consultations and Daily / as per frequency and Contractor E&S staff PMU along with workers’ accommodation, At construction camps (if medical check ups responsibilities defined in the ESMPs nominated E&S Focal Person at Housekeeping, HIV/STDs, COVID 19 established) and concurred by concerned district level/DSC/MEC etc. specialists 10 Grievances Redress Type and number of grievances / Social Within subprojects areas Complaint register Daily / as per frequency and Contractor E&S staff PMUalong with and Environmental Conflicts At construction camps (if responsibilities defined in the ESMPs nominated E&S Focal Person at established) and concurred by concerned district level/DSC/MEC specialists 11 Community/occupational health & Compliance with WBG EHS Within subprojects areas Consultations and Daily / as per frequency and Contractor E&S staff PMU along with safety Guidelines, 2007 At construction camps (if complaint register responsibilities defined in the ESMPs nominated E&S Focal Person at Type and number of accidents established) and concurred by concerned district level/DSC/MEC specialists 12 Gender Based Violence Impacts on Women, Children, and Within subprojects areas Community Daily / as per frequency and Contractor E&S staff PMU along with Vulnerable Groups and related issues. At construction camps (if consultations responsibilities defined in the ESMPs nominated E&S Focal Person at established) and concurred by concerned district level/DSC/MEC specialists KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-33 7.15 CAPACITY BUILDING To ensure the successful implementation of ESMF and compliance of the E&S mitigation measures, strengthening capacity of relevant PMU, PIUs, and Contractors staff is essential. This will achieve through series of customized trainings and awareness sessions. The objectives of the E&S trainings include providing basic knowledge and information on the key environmental and social issues associated with the proposed interventions under KPRIISP subprojects. Training/capacity building will cover three key areas and include: (i) E&S Orientation/ Awareness, (ii) ESMF Implementation; and (iii) E&S Management. Table 7.6 below provides capacity building / training framework for the proposed subprojects. Table 7-6: Capacity Building and Training Framework Sr. Potential Key Areas Key Aspects to Cover Frequency of Training No. Participants E&S Orientation / • E&S awareness; E&S SpecialistsPMU, At the start of the project; Awareness • WB Environmental and Social PIUs, Contractors. and Standards (ESSs); Representatives of • WBG EHS Guidelines; VC office and Refresher afterwards as • Use of PPEs; community groups and when required. • Safety SOPs in Pandemic (where applicable) • KPEPA requirements / regulations/guidelines / standards; • Key E&S issues associated with the proposed subprojects; • ESMF findings; • Checklist /ESMP and its components; and • GBV and GRM. GBV Action Introduction to and Implementation of GBV E&S Specialists- At the start of the project; Framework Action Framework PMU, PIUs, and Contractors. Representatives of Refresher afterwards as VC office and and when required. community groups (where applicable) ESMF • ESMF components; E&S Specialists- At the start of the project; Implementation • Key steps for the implementation of PMU, PIUs, and ESMF; Contractors. • Subprojects specific E&S issues and Representatives of Refresher afterwards as their mitigation measures; VC office and and when required • Subprojects mitigation measures community groups compliance and monitoring (where applicable) requirements and monitoring Checklists used in the field; • GRM & GBV; • Checklist /ESMP implementation; and • Documentation and reporting. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-34 Sr. Potential Key Areas Key Aspects to Cover Frequency of Training No. Participants E&S • E&S mitigation plans; E&S Specialists- On-going/informal Management • Community consultation and disclosure PMU, PIUs, of information; Contractors. • Waste disposal; Representatives of • Health and safety issues during VC office and construction; community groups • Mitigation measures and their (where applicable) implementation; • Importance of safe drinking water; • Personal hygiene; • Water conservation; and • Prevention and cure of diseases such as malaria and dengue, COVID-19, HIVs and STDs. 7.16 REPORTING AND DOCUMENTATION The PMU will be responsible for reporting on the implementation of the ESMF to the World Bank. The PMU E&S staff and nominated E&S Focal Person at PIUs will be responsible for collecting field level data on ESMF implementation, including compliance monitoring, and impact monitoring to identify the presence and degree of any environmental and social impacts. Monitoring will be carried out at the subproject level as per ESMF, with PIU field staff (nominated E&S Focal Person) responsible for making physical visits to subproject sites. Subproject monitoring data will be passed to the relevant E&S specialist in the PMU on a monthly basis and the PMU will use this information to produce quarterly ESMF implementation progress reports. These reports will include progress on the implementation of mitigation measures proposed, and will highlight issues and challenges encountered during implementation. The reporting requirements are provided in Table 7.7. Table 7-7: Reporting Requirements Sr. Type of Reporting Frequency Responsibility Submitted to No. 1 Visit Reports and Consultation with Monthly/ Weekly PIUs/E&S Officers E&S staff PMU/ PD Communities including Women (with date, time, venue and photographs) 2 E&S Screening Checklists and As and when PIUs/E&S Officers E&S staff PMU/ PD Screening Reports required basis and World Bank 3 E&S Monitoring Checklists Monthly/ Weekly PIUs/E&S Officers E&S staff PMU/ PD 4 ESMF Progress Reports Quarterly/Biannual/ E&S staff PMU-/DSC71 PD-PMU and World Annual Bank 5 Training Reports Quarterly E&S staff PMU, PIUs PD-PMU 6 MEC/ Third Party Reports Quarterly/Bi- PD / E&S staff PMU PSC annually 71 Prepare the quarterly reports. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-35 Sr. Type of Reporting Frequency Responsibility Submitted to No. 7 Completion Report After completion of PD / E&S staff World Bank Project PMU/PIUs The system for monitoring compliance with environmental mitigation measures provides periodic inspection, data compilation, and reporting of results. The DSC will utilize a checklist to evaluate compliance with mitigation measures. Checklists serve primarily as guides for reviewing performance to determine general compliance with broad indicators, tentatively as follows: • General conduct of work; • Labor provisions and occupational / community health and safety; • Air quality, dust control, noise control and site cleanliness; • Traffic management; • Drainage and wastewater; • Solid waste and spoil handling and disposal; • Protection of community values; and • Environmental monitoring and other indicators selected for the work at hand. The PMU will prepare quarterly/biannual reports that reflect performance of work completed. Reports will be submitted to the PD if required, as per the conditions mentioned in the NOC / environmental approval as part of the periodic project performance reporting requirement. Monitoring reports will also summarize the status of complaints under the GRM, as well as results of air, water and noise monitoring conducted by the MEC/third party. 7.17 DATA RECORDING AND MAINTENANCE All forms to be used for recording information during the environmental monitoring will follow a standard format which will correspond to the database in to which all the gathered information will be placed. Check boxes will be used as much as possible to facilitate data entry. Tracking system will be developed for each form. 7.17.1 Database The database may include the following information: • Training programs; • Staff deployment; • Non-compliances; • Corrective actions; • List of environmental data; and • List of environmental data to be maintained: o Soil and land pollution; o Disposal of waste; o Water resources; KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-36 o Fuel oil and chemical spills; o Vegetation record; o Noise and air pollution; o Socio-economic data; and o Ecological sensitivities. 7.17.2 Photographic Records The Contractor will maintain photographic records during the implementation of the proposed subprojects. As a minimum, the photographic records will include the site photographs, camp sites and monitoring activities, etc. 7.17.3 Non-Compliance of the ESMF The implementation of the proposed ESMF involves inputs from various functionaries. The Contractor will be primarily responsible for ensuring implementation of the mitigation measures proposed in the ESMF including ESMP, which will be part of the contract documents. The provision of the environmental mitigation cost will be made in the total cost of subprojects, for which the Contractor will be paid on the basis of monthly compliance reports. However, if the Contractor fails to comply with the implementation of ESMF including ESMP, deductions will be made from the payments to the ESMF including ESMP claimed under the heads of environmental components. 7.17.4 Review of Recorded Data All the data and communication recorded and maintained by the Contractor will be periodically reviewed and checked by DSC and E&S staff-PMU/PIUs and necessary actions will be recommended for Contractor to improve the recording and documentation. All the complaints in social complaint register shall be recorded in accordance with the project GRM. Resident complaints will be responded to in a timely manner and action taken recorded in accordance with the GRM. 7.18 ESMF IMPLEMENTATION BUDGET The tentative cost estimates to implement ESMF is estimated as Rs. 489/- Million Details are provided in below Table 7.8. This tentative cost will be included in the overall project cost. This cost will be reviewed and firmed up periodically when the project footprints will be finalized at subproject level to ensure realism. Additional costs could be included in the subproject specific ESMPs that would become part of each bidding/BOQ documents. The Contractor(s) however shall be paid against the actual execution with evidential proof of respective ESMF/ESMP/ relevant instruments activity. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-37 Table 7-8: ESMF Implementation Cost Estimate Sr. Unit Rate Cost Parameter Frequency Quantity Remarks No. (PKR) (PKRs) A PLANNING AND DESIGN / PRE- CONSTRUCTION PHASE Environmental Monitoring Cost Water Resources/ Water Quality Once 20,000 726*773 840,000 This is one-time cost 1. (as per advice of Environment required prior to start of Specialist) construction activities. Drinking/Groundwater Sample=3 Surface Water / Wastewater Sample=3 Since the proposed 2. Noise Levels Once 2,000 3*7 42,000 subprojects footprints (as per advice of Environment are not finalized at this Specialist) stage, therefore the no. 3. Ambient Air Once 25,000 3*7 525,000 of environmental Monitoring monitoring sample can (as per advice of Environment be decreased or Specialist) increased, as per advice 4. Soil Testing Once 15,000 3*7 315,000 of Environment (as per advice of Environment Specialist. However, Specialist) keeping in view the extent of subproject activities, five sample for each category (water, soil, ambient air and noise level) has been considered for reference from each district including adjacent FR. Sub-Total A 1,722,000 72 No. of samples / monitoring points. 73 Total no. of districts. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-38 Sr. Unit Rate Cost Parameter Frequency Quantity Remarks No. (PKR) (PKRs) B CONSTRUCTION / IMPLEMENTATION PHASE (Six-Years Cost) Environmental Monitoring Cost 1. Water Resources/ Water Quality Bi-annual 20,000 6*7*12 10,080,000 This is the tentative cost (as per advice of Environment for six years. Specialist) Drinking/Groundwater Sample=5 Since the proposed Surface Water / Wastewater Sample=5 subprojects footprints 2. Noise Levels Bi-annual 2,000 3*7*12 504,000 are not finalized at this (as per advice of Environment stage, therefore the no. Specialist) of environmental 3. Ambient Air Bi-annual 25,000 3*7*12 6,300,000 monitoring sample can Monitoring be decreased or (as per advice of Environment increased, as per advice Specialist) of Environment 4. Soil Testing Bi-annual 15,000 3*7*12 3,780,000 Specialist. However, (as per advice of Environment keeping in view the Specialist) extent of subproject activities, five sample for each category (water, soil, ambient air and noise level) has been considered for reference from each district including adjacent FR. Sub-Total (B-1) 20,664,000 B-2 Environmental and Social Management Cost 1. Senior Environment Specialist Monthly 350,000 01 89,813,991 This is the tentative monthly cost for six-year period. 10% increment/year has been KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-39 Sr. Unit Rate Cost Parameter Frequency Quantity Remarks No. (PKR) (PKRs) considered while calculating the salary cost. 2. Senior Social and Resettlement Monthly 350,000 01 89,813,991 This is the tentative Specialist monthly cost for six-year period. 10% increment/year has been considered while calculating the salary cost. 3. Environment Officer Monthly 200,000 01 51,322,281 This is the tentative monthly cost for six-year period. 10% increment/year has been considered while calculating the salary cost. 4. Social and Resettlement Officer Monthly 200,000 01 51,322,281 This is the tentative monthly cost for six-year period. 10% increment/year has been considered while calculating the salary cost. 5. Training and Capacity Building Cost Quarterly 400,000 4 9,600,000 4 events per year. This is the tentative cost for six- year period. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-40 Sr. Unit Rate Cost Parameter Frequency Quantity Remarks No. (PKR) (PKRs) 6. Monitoring & Evaluation Consultant / Annual 1,000,000 1 6,000,000 This is the tentative Third Party Validation annual cost for six-year period. 7. ESMPs Preparation As and NA NA 22,500,000 Lump sum cost for six- when year required 8. GRM Implementation Cost Daily NA NA 4,000,000 Lump sum cost for six- year 9. Implementation Cost of GBV Action Daily NA NA 8,000,000 Lump sum cost for six- Framework year 10. PPEs Cost NA NA NA 6,000,000 Lump sum cost for six- year 11. Tree Plantation Cost NA 2,000 20,000 40,000,000 This is the tentative cost for tree plantation. 12. Cost of Mitigation Measures NA NA NA NA Cost will be included in respective subproject bidding/ estimated costs. 13. Other E&S staff-PMU Cost NA NA NA 40,000,000 Lump sum cost for six- (equipment, vehicles, laptop etc. ) year Sub-Total (B-2) 412,372,544 Sub-Total B ((B-1)+(B-2)) 433,036,544 Tentative for six year project construction period. The cost shall be updated based on the current market prices during construction phase. C OPERATION & MAINTENANCE / COMPLETION PHASE (One Year Cost)- Optional C-1 Environmental Monitoring Cost 1. Water Resources/ Water Quality Once 20,000 6*7 840,000 KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-41 Sr. Unit Rate Cost Parameter Frequency Quantity Remarks No. (PKR) (PKRs) (as per advice of Environment Monitoring cost for the Specialist) one year. Drinking/Groundwater Sample=3 Surface Water / Wastewater Sample=3 2. Noise Levels Once 2,000 3*7 42,000 (as per advice of Environment Specialist) 3. Ambient Air Once 25,000 3*7 525,000 Monitoring (as per advice of Environment Specialist) 4. Soil Testing Once 15,000 3*7 315,000 (as per advice of Environment Specialist) Sub-Total (C-1) 1,722,000 C-2 Environmental and Social Management Cost (Optional) 1. Environment Specialist Monthly 3500,000 01 4,200,000 This is the tentative monthly cost for one- year period. This rate will be applicable in case of new hiring otherwise above adopted practice will be followed. 2. Social and Resettlement Specialist Monthly 350,000 01 4,200,000 This is the tentative monthly cost for one- year period. This rate will be applicable in case of new hiring otherwise above adopted practice will be followed. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-42 Sr. Unit Rate Cost Parameter Frequency Quantity Remarks No. (PKR) (PKRs) Sub-Total (C-2) 8,400,000 Sub-Total C ((C-1)+(C-2)) 10,122,000 Tentative for one (01) year project Operation phase, if required. Grand Total (A+B+C) 444,880,544 Contingency Charges 10% of 44,488,054 Grand Total Grand Total with Contingencies 489,368,598 KPRIISP Page No. Environmental and Social Management Framework (ESMF) 7-43 8 GRIEVANCE REDRESS MECHANISM The project will have a dedicated GRM for the implementing agency to receive and facilitate resolution of concerns and grievances of project affected parties, particularly with regard to the project’s environmental, social, and gender performance. Such a mechanism allows for trust-building between the implementers and beneficiaries, and could help prevent discontent, conflicts, and unrest arising from the project. The GRM is designed to be accessible, culturally appropriate, and understandable for all project stakeholders. A project GRM is particularly crucial for a complex project like RIISP which will be implemented in a challenging environment, in a historically underserved region, where the community has been relatively isolated, and contacts with the government have been moderated through one or two key offices in the past. The proposed GRM for RIISP will be multi-tiered, enabling complaint registration to take place at any location, from the grassroots level up to the provincial headquarters, with all complaints being documented, and measures being taken to ensure that post registration follow ups are effected. The system is described in this section. 8.1 OBJECTIVES AND SCOPE OF THE GRM The GRM is a tool for early identification, assessment, and resolution of complaints or disputes related to the project activities. The overall objective of the grievance resolution procedure is to ensure that complaints and grievances from local stakeholders are handled in a systematic and transparent manner in order to promote mutual confidence and trust during all stages of the project. The specific objectives of the GRM are: • To allow stakeholders the opportunity and means to raise concerns and lodge complaints. • To ensure that comments, responses, and grievances are handled in a fair and transparent manner. • To mitigate or prevent adverse impacts on communities caused by project activities. • To serve as an early-alert system to project management for significant or recurring issues that might signal systematic issues in implementation. 8.2 REVIEW OF EXISTING GRIEVANCE REDRESS SYSTEMS A number of grievance redress mechanisms are available within relevant Government departments for citizens to lodge complaints. A key question that arose during project preparation was whether these systems would be sufficient to process RIISP related complaints, or should a project specific GRM be developed. While the existing systems are comprehensive, there are indications that they are over-burdened and that response times are slow. Given the sensitivity of RIISP and its implementation in a historically underserved area, it was decided that a project specific GRM would be proposed. This will serve to forge a direct KPRIISP Page No. Environmental and Social Management Framework (ESMF) 8-1 link between the government and the communities, and will facilitate a quick response to concerns. Without an effective GRM system in place, stakeholders’ grievances can fester, creating resentment against development initiatives in the region, and exacerbating the having said that, the project stakeholders can also use existing grievance redress systems to register complaints and record concerns. These systems are described below. 8.2.1 Pakistan Citizen’s Portal (PCP) — National Level Headed by the Prime Minister’s Performance Delivery Unit (PMDU), Pakistan Citizen’s Portal is an online integrated GRM which connects all government organizations at the federal and provincial level through a mobile application. Available on both Android and iOS, PCP is used for lodging complaints against any government department or functionary, seeking guidance/information regarding government procedures and to provide suggestions to the government for the resolution of any issue pertaining to the interest of the general public. User Guidelines Manual for PCP is available in both Urdu and English. The overall public satisfaction rate with the PCP is low (about 47 percent) and only 6.6 percent of registered PCP users who had lodged complaints were women, while just over 16 percent of registered users were from KP.74 Only 10 percent of the complaints on the portal related to facilities in KP, which is more a sign of lack of use of the app in the province then satisfaction with public services. Despite being a robust GRM, PCP’s utility to the project’s disadvantaged a nd vulnerable stakeholders is limited due to low female coverage and because of it being a mobile app-based platform which cannot be accessed by persons with no access to mobile phones, with low ICT literacy, or those living in areas with no network connectivity. 8.2.2 KP Citizen’s Portal The KP Citizen’s Portal is a highly interactive mobile application aimed at serving information and services, dissemination of information, citizen engagement, and redressal of public complaints. The effective use of modern ICT-based and e-governance tools helping citizen in getting latest information about essential citizen services, i.e. domicile, fard or land registration and title documents, and birth certificate, etc. Besides, the system implements a closed loop regarding complaint management works as the helping hand for the government officers supervised by the Secretaries, Commissioners and Deputy Commissioners in the Districts in effective resolution of citizen grievances. The system is implemented in 1500 offices of Khyber Pakhtunkhwa where actual complaints are received, reviewed and resolved. Complaint Process 1. The citizen has to download the mobile application available for Android and iPhone smartphones from Google Play Store and Apple AppStore with title “KP Citizen’s Portal.� 74 See https://propakistani.pk/2022/06/05/4-6-million-complaints-resolved-through-pakistan-citizen-portal/ KPRIISP Page No. Environmental and Social Management Framework (ESMF) 8-2 2. The Citizen has to install the app, get registered, afterward obtain information, submit complaints and track revenue cases, and applications submitted to government offices. 3. The user who registered their complaint receives an automatic complaint code through which the citizen can track the status of their complaint. 4. The complaint is automatically assigned to Deputy Commissioner of the concerned district through an online dashboard-based portal. The focal person either assign the complaint to the concerned officer(s) or resolved by themself. The officer has to resolve the complaint from 0 to 15 days, after 15 days the complaint is escalated to Commissioner and after 22 days the complaint is escalated to the Chief Secretary 5. The citizen is informed about the decision on their complaint. 6. The citizen rates their level of satisfaction in term of time and quality rendered in the processing of his complaint. 7. Through a central dashboard, the complaints are categorized. Several analytics include registration status, complaint status (new, pending and resolved), Citizen feedback analysis, complaint analysis, category wise complaints, and citizen satisfaction. The KP Citizen’s Portal is housed in the Chief Secretary’s Performance Management and Reforms Unit (PMRU) which is also managing other e-governance initiatives of the GOKP. 8.2.3 Khpal Wazir-e-Ala (Rasai 1800 service) The GOKP has also launched the Khpal Wazir-e-Ala (Rasai 1800 service), which is managed by the KP Right to Public Services Commission (RTSC). It is an integrated grievance redress system accessed by citizens either from land line or cell phone by dialing the UAN 1800. Calls are received by the RTSC who provide the complainant with a choice to either register their complaint with the grievance redress system of the concerned provincial line department or lodge it in the Pakistan Citizen’s Portal. The complaint is processed, and the complainant is informed about the actions taken through an SMS feedback system. 8.2.4 Jirgas and Other Traditional Dispute Resolution Mechanisms As explained in the earlier section on informal institutions, the people of the NMDs tend to repose trust in jirgas, or an assembly of elders when it comes to dispute resolution, both for minor disputes within a tribe, or for inter-tribal resolution of conflict. However, jirgas are not encouraged as a form of dispute resolution by the State as these are not inclusive institutions. Women typically do not appear before a jirga even to present a case or as witnesses, let alone as part of the decision making body. Jirgas typically do not include religious minorities or other vulnerable groups (e.g. the poor and landless, or transgender persons) in decision making either, although they may appear as witnesses before a jirga under certain circumstances. The project will therefore not use jirgas for grievance redress or any other purpose. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 8-3 8.3 PROPOSED GRM FOR KP-RIISP KP RIISP is proposing that a robust GRM be established to ensure that stakeholders across the board are able to reach a simple, accessible and effective platform to have their complaints addressed and resolved. This section discusses how that GRM will be designed. However, the final shape of the GRM, the rules of business under which the GRM will operate and the relevant forms for complaint registration/online systems or dashboard will be designed at the inception phase with the full involvement of the Social Specialist. 8.3.1 Grievance Prevention While grievance redress systems will be established and will be made as robust as possible, the project will also take steps to prevent grievances from arising in the first place. Some of the key measures in this regard are: Consultations: The SEP lays out an extensive plan for consultations and discussion with communities, tribal elders, elected representatives and other stakeholders. For a complex project such as RIISP where many stakeholders may have significantly differing interests, stakeholder consultation, and efforts to establish a consensus is important. The project ’s social mobilizers and community development experts will maintain a presence in the field and will continue to liaise with communities throughout the planning and implementation phases, and will try and pre-empt disagreements and conflict. Information Dissemination: The plans for information dissemination laid out in the SEP are also important with regard to pre-empting conflict. Issues are less likely to arise if communities and other stakeholders are aware of proposed works, implementation schedules and mitigation measures for possible disturbance. 8.3.2 Scope of the GRM The RIISP GRM will cover issues or concerns with the preparation, implementation, and operations of the project. It will apply mainly to the first two components, as complaints of RIISP workers will be channeled through a separate GRM for project workers, which will be called the GRM – W. The project GRM, which will be concerned with project operations, will be structured such that it can be used by communities living in project areas who are concerned with a particular sub-project. It will also be accessible to the general public. The project GRM does not preclude the use of other general complaint mechanisms, including the Government of KP mechanisms listed in the earlier section. Given its extensive scope, the GRM will be well publicized and will be clearly advertised on the website of the Department of Planning and Development, along with a project website that will be created once the project is in the inception stage. Details of how the GRM works will also be communicated in the stakeholder engagement meetings. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 8-4 Some of the issues that are likely to be raised through the project GRM are listed below. This is an illustrative listing, and has been added to help project staff prepare for complaint redress: • Issues in valuation of properties, and voluntary land donation; • Issues in constitution of community groups and election or nomination of office bearers; • Disagreements regarding sub-projects proposed; • Disagreements on location of sub-projects or design of works; • Complaints regarding hiring and firing of certain individuals for project works; • Complaints regarding interference of political leaders or tribal elders; • Traffic problems related to project activities; • Construction site related complaints, i.e., noise, dust, presence of a large number of workers; • Social issues such as further restrictions on movement of women and girls due to project activities; • Gender-based violence and Sexual Exploitation and Abuse related complaints (these will be treated by a separate GBV/SEA GRM in accordance with specific protocols). 8.3.3 Implementation of the GRM The implementation process for the GRM is illustrated below. Figure 8-1: Steps for the GRM P&DD will ensure that the GRM will be accessible for all citizens of the project target districts and NMDs, including women, senior citizens and other vulnerable groups. Culturally- appropriate communication mechanisms will be used both to spread awareness regarding the GRM process as well as complaints management. The final processes and procedures for the GRM will be translated into local languages (Pashto/Urdu) and disseminated at all project locations. These shall be made available in all /combinations or either of leaflet, poster format, audio /video and text messages; as appropriate. Use of audio-visuals including photos, video materials with captions and edutainment materials will be encouraged for outreach and dissemination of information on the project and the GRM, and the step-by-step GRM submissions for the illiterate or undereducated people or people with disabilities. Toll-free call centers and automated voice systems will be provided as uptake channels for digitally illiterate people and people who do not own or have access to internet or smart phones. For grievances related to Gender-Based Violence, all levels of GRM will have a female officer who will be specially trained in the handling of GBV and SEA/SH KPRIISP Page No. Environmental and Social Management Framework (ESMF) 8-5 related grievances. The GRM will be disclosed to the stakeholders through written and verbal communication. The modes of engagement for different stakeholders are specified in the SEP. 8.3.4 GRM Structure The GRM will function as a multi-tier system with designated staff at the PMU, district (or PIU), and VC/NC levels. At each level, the Project Director will designate a Grievance Redress Committee (GRC), the proposed composition of which will be as given in the table below. Table 8-1: Composition of GRCs at Each Tier Tier No. of Members Chairperson Members PMU GRC 3 Project Coordinator Senior (Operations) Social Specialist (also Secretary to PMU GRC) Environment Specialist PIU GRC 2 District Project M&E officers (male or Coordinator female, to be decided by Chairperson) VC/NC GRC 2 To be nominated by To be nominated by Chairperson VC/NC VC/NC members The system shall be structured such that every effort will be made to dispose of a complaint at the GRC where the complaint is registered. However, if a complaint registered at the VC/NC GRC, or the PIU GRC is not redressed, the complainant will have the option to escalate the complaint to the PMU level, or in the case VC/NC tier, the complainant may wish to take the complaint to the PIU. Thus if a complainant who has registered a grievance at the VC/NC GRC is not satisfied with the response he/she gets, he/she has the option of registering the complaint at the PIU level or even taking it directly to the PMU GRC. Similarly, if a complainant is not satisfied with the redress accorded to him/her at the PIU he/she has the option of registering the complaint at the PMU GRC. If a complainant is not satisfied with the response received at the highest level, i.e. from the PMU GRC, then he/she will either have to approach the Project Director, or take the matter to a court of law. 8.3.5 Complaint Process Step 1: Receive the Complaint/Grievance Grievances from stakeholders or their representatives may be lodged at any of the three levels specified in the table above, i.e. at the VC/NC, district (PIU) or provincial (PMU) level. Stakeholders will be able to raise their grievances verbally (in person, or through a dedicated phone number), or in written form. All grievances will be recorded at the level they are KPRIISP Page No. Environmental and Social Management Framework (ESMF) 8-6 received. VC/NC level grievances will be recorded in written registers if computerization is not possible, and will be shared with the PIU GRC on a monthly basis. Complaints recorded at the PMU and PIU level will be immediately entered into a digital grievance register. All grievances will have unique identifiers (UIDs) to allow for easy tracking. Tribal elders and elected representatives will be able to file complaints on behalf of communities or individuals, provided that they submit an affidavit on a stamp paper listing the names and showing signatures or thumb impressions of the people whom they are representing. If they are representing a community or village, an affidavit must be submitted stating the name and post office (daak khana) of the region they are representing, along with at least five signatures of members of the community. Grievances related to GBV and SEA/SH will be forwarded to the staff specifically trained to handle these types of complaints. The Senior Social Specialist at the PMU will be responsible for ensuring that the Gender Specialist at the PMU has received the necessary training to handle such sensitive cases. The Senior Social Specialist will develop specific procedures to ensure complainants are able to register their grievances anonymously, and in a survivor- centered and discreet manner. The PMU GRM will assist GBV survivors by referring them to GBV Services Provider(s) for support immediately after receiving a complaint directly from a survivor. A list of GBV service providers will already be available with the Social Specialist before project work commences. Once a grievance is recorded, the UID will be shared with the complainant, as well as a tentative timeline for its resolution. This should take place on the same day the grievance is received. Step 2: Initial Review of Grievance The GRC member(s) of the relevant tier will conduct an inquiry into the grievance to identify its root cause, and subsequent resolution measures. He/she will write up a brief report (maximum three pages) in Urdu or Pashto on a) the nature of the grievance and b) it’s possible resolution and submit this to the Chairperson of the relevant GRC tier. Grievances related to GBV and SEA/SH will always be escalated to the PMU, and will be dealt with by the PMU’s designated GBV specialist. Step 3: Resolution or Escalation of Grievances The member(s) and the Chairperson will hold a meeting at least one in two weeks to review all registered grievance cases. If the member(s) and the Chairperson agree on a solution, their decision will be briefly transcribed by a member of the relevant GRC, and will be duly signed by the Chairperson as well as all GRC members. This decision will then be communicated both verbally (through phone or a face to face meeting) and in writing to the KPRIISP Page No. Environmental and Social Management Framework (ESMF) 8-7 complainant. If the complainant agrees to the proposed solution, he/she will countersign the written decision, or place a thumb impression on it. For grievances that are resolved, the details of the resolution will be entered into the register/database. The resolved grievance shall also be flagged for follow-up, and the relevant GRC will check in on the complainant’s level of satisfaction with the resolution within 14 days. This feedback from the complainant shall also be added to the register/database. If, however, the complainant is not satisfied with the resolution suggested, he/she will not countersign the written decision, and may choose to escalate the grievance to the next tier GRC, or to take it to another forum altogether. Step 4: Monitoring and Review It is critical to monitor the effectiveness of the GRM. Appropriate measures/KPIs for this include monthly reporting on the number of grievances received, resolved and outstanding. This exercise will be undertaken by the Social Officer at the PMU. The members of the GRC at the PIU and VC/NC levels will update the Complaint/Grievance Register on a weekly basis to indicate resolved (closed-out) and unresolved cases, those pending with the GRC or with courts. The members will ensure that the status of all complaints/grievances is kept current and will brief their respective Chairpersons on a weekly basis on the status of all current complaints/grievances. On a monthly basis, the PIU and VC/NC GRCs will share a report with the Social Specialist, who, in his/her capacity as Secretary to the PMU GRC, will ensure that the data is entered into a database or dashboard. An annual sex-disaggregated qualitative review of a sample of complaints processed (ensuring variation such as along type of complaint, resolution status etc.) will also be undertaken to analyze the efficacy of the system. Regular monitoring of the grievance mechanism and its outcomes, particularly of trends and patterns, will be critical to ensuring to identify systemic problems and adapt practices accordingly. As part of the annual review/report, analyzing the trends and time taken for grievance resolution will help to evaluate the efficacy of the comment response and, grievance mechanism. The PMU will also provide an analysis of the grievances at each subproject location using a pre-designed M&E template that will give an insight into the type of complaint(s) received with qualitative and quantitative review of grievance redress mechanism. The PMU will periodically (monthly/quarterly) upload the actions and results for each grievance, by subproject location, on Project website under a dedicated GRM tab. 8.3.6 Timeframe The first response to each grievance registered must be in the form of a written, signed acknowledgement, which must be issued at the time of registration. If the grievance is recorded in a register, which will typically be the case at the VC/NC level, the acknowledgment KPRIISP Page No. Environmental and Social Management Framework (ESMF) 8-8 can simply take the form of a countersignature on the register by the member GRC, or the chairperson. The second response to the complainant will take the form of a written decision, as detailed in Step 3 above. This written decision shall be communicated to the complainant within a maximum of 21 calendar days from the date of complaint registration. If the complainant agrees to the decision and the solution proposed, then the solution shall be effected within 21 days of the complainant’s agreement. If for some reason, the solution is likely to take a longer time to implement, this shall be communicated to the complainant, and he shall be informed of the progress of the solution on a monthly basis. All of these milestones, including monthly updates issued to the complainant, will be recorded at the relevant tier, ultimately to be consolidated into the GRM database to be maintained at the PMU. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 8-9 9 RESETTLEMENT FRAMEWORK This resettlement framework has been prepared to address issues related to land acquisition, voluntary land donation, restrictions on land use and involuntary resettlement (if any) in the KP Rural Investment and Institutional Support Project (RIISP), as required by World Bank (WB) Environmental and Social Framework (ESF) Environmental and Social Standard 5 (ESS5) on Land Acquisition, Restrictions on Land Use and Involuntary Resettlement. 9.1 OBJECTIVE OF RESETTLEMENT FRAMEWORK The RF has been prepared to establish resettlement principles and to provide guidance for assessment and resettlement planning. The RF fulfils the requirements of local laws and WB’s ESF ESS5 on Land Acquisition, Restrictions on Land Use and Involuntary Resettlement. Where there are gaps between national and provincial laws and WB’s ESS5, a practical approach has been designed which is consistent with Government practices as well as WB’s ESS5. The RF also provides guidance on the requirements of ESS5 regarding voluntary land donation and displacement of informal settlers/occupants from public lands. The RF will clarify resettlement principles, organizational arrangements, and design criteria to be applied to subprojects or project components to be prepared during project implementation. Once the subproject or individual project components are defined and the necessary information becomes available, this framework will be expanded into specific plans proportionate to potential risks and impacts of the sub-project. Project activities that will cause physical and/or economic displacement will not commence until such specific plans have been finalized and approved by the World Bank. The RF also includes a preliminary identification of potential risks and impacts related to displacement of informal settlers, as well as appropriate design measures to minimize and mitigate adverse economic and social impacts, especially those that affect poor and vulnerable groups. 9.2 REQUIREMENTS OF RESETTLEMENT FRAMEWORK This Resettlement Framework covers the following: • Description of project components and assessment of potential risks related to ESS5; • principles and objectives governing resettlement preparation and implementation; • principles and objectives governing voluntary land donation; • process for preparing and approving resettlement plans; • eligibility criteria for defining various categories of displaced persons; • a legal framework reviewing relevant national and provincial regulations and ESF requirements and measures proposed to bridge any gaps; • methods of valuing affected assets; 10 • organizational procedures for delivery of compensation and other resettlement assistance, including; • a description of the implementation process; • a description of grievance redress mechanisms; • a description of the arrangements for funding resettlement; • a description of mechanisms for consultations with, and participation of, displaced persons in planning, implementation, and monitoring; and • Arrangements for monitoring by the implementing agency and, if required, by third- party monitors. 9.3 ASSESSMENT OF LAND ACQUISITION AND RESETTLEMENT RISKS 9.3.1 Types of Land Acquisition and Resettlement Risks Based on risk proportionality and material consistency with ESS5, there is a moderate risk of land acquisition and involuntary resettlement related to construction of government facilities at the district, tehsil and village level due to project activities under Component A, and strategic priority infrastructure and local village level infrastructure under Component B. These risks may arise due to small-scale land acquisition, displacement of informal settlers/occupants and Voluntary Land Donation (VLD). If during implementation the project activities require larger scale communal land acquisition for district complexes due to unavailability of government lands in the NMDs, this Resettlement Framework may be revised to increase the level of risk based on proportionality. Potential land acquisition and resettlement impacts due to project activities can be divided into the following two categories. • Category 1: Involuntary Resettlement due to civil works • Category 2: Voluntary Land Donation for village level schemes A summary of land acquisition and resettlement risks related to each component is provided in Table 9-1 and detailed risk identification along with guidance on mitigation and management is provided in the following sections. Table 9-1: Summary of Land Acquisition and Resettlement Risks Voluntary Risk of Land Risk of Land Land Acquisition in Sub-Component Acquisition in Donation Newly Merged FR Districts (VLD) in all Districts (NMDs) districts Construction of administrative No Yes No facilities and service delivery systems Village grants for community No No Yes development 11 Strategic Infrastructure Investments No Yes No 9.3.2 Category 1: Involuntary Resettlement due to Civil Works 9.3.2.1 Identification of Risks Land acquisition for civil works may be required for Sub-Components A1 and B3, which will focus on the NMDs. There is no expected land acquisition in the FRs. Construction of administrative facilities and service delivery systems will finance the construction or rehabilitation of eligible administrative facilities, including district complexes, tehsil complexes, village council offices and community halls, and associated and relevant administrative facilities related to judiciary, law enforcement, education and health across the seven NMDs. Strategic infrastructure investments will finance strategic infrastructure investments identified by tehsil councils and reflecting community needs as prioritized to village councils for higher level investments across the seven NMDs. Sub-projects would be selected from a menu of options that include water supply systems, sanitation networks, solid waste management, local parks and green areas, electricity and energy provision, road networks and connectivity, markets, and investments to support provision of health and education services. The Project will not include any large-scale construction activities or civil works. All efforts will be taken by the Project to ensure construction of administrative facilities and strategic infrastructure will be on existing government owned land. However, in the case of NMDs where these administrative systems are now being introduced and local level infrastructure is lacking, government owned lands are few and limited mostly to Political Agent Offices at the district level and Tehsildar Offices at the Tehsil level. The KP Planning & Development Department is in the process of acquiring land in some NMDs for construction of district and tehsil level complexes. However, there may still be a need for the government to acquire small parcels of land for the extension or construction of the required administrative facilities and construction of strategic infrastructure under RIISP. Further, any construction activities on land that the government has acquired prior to the project will require an assessment of the land acquisition procedures and compensations as per the World Bank ESF ESS5 standard on land acquisition and involuntary resettlement. This will be ensured through a rapid assessment of the site using the “Involuntary Resettlement Screening Checklist� (Annex P) and if required, an E&S audit. The following criteria will be used in order of preference for civil works: Preference 1: Use of government or state-owned land Preference 2: Small scale land acquisition Further, any government owned sites chosen for rehabilitation and construction of administrative facilities and strategic infrastructure may have the presence of informal settlers/occupants who are living on or using the land or facilities. There is a low to moderate risk of removal of these informal settlers/occupants from these sites. 9.3.2.2 Status of Land Settlement and Records in Newly Merged Districts 12 The NMDs (formerly FATA) do not have official land records publicly available. Following tribal customs, the lands are governed primarily by the tribes, and ownership of land is verbally recognized by the Tribal elders (Maliks). Since the merger of these districts with Khyber Pakhtunkhwa, the province introduced the KP Land Acquisition (Amendment) Act 2020 and the KP Land Acquisition Rules 2020 for the acquisition of land in the NMDs. The Government of Khyber Pakhtunkhwa has an ongoing project to undertake GIS based land settlement and establish a land record and registration system in the NMDs. Under the initial phases of this project, land records have been established for small parcels of lands in two districts, and it is expected more parcels of land will be settled and registered in the coming years. As per the Rules, acquisition of land in NMDs for government use where land records do not exist is possible through ‘compulsory acquisition’ under Section 4 of the LAA 1894. Keeping in line with the tribal customs, the Rules require the establishment of a Qaumi Commission, a committee of tribal elders, tasked with confirming land ownership, boundaries, setting the rate, and disbursing funds if required. All liability for the pricing of the land and ownership falls on this Commission. In the absence of land records, the Project cannot follow a Willing Buyer Willing Seller approach (referred to as Private Negotiations in the Rules). 9.3.3 Mitigation Measures All project activities/subprojects which include civil works will be screened by the Project to identify any potential impacts related to land acquisition and resettlement. This includes construction activities that will be carried out on government or state-owned land. The ‘Involuntary Resettlement Screening Checklist for Civil Works’ (Annex P) will be used for this purpose and will be completed through a rapid assessment of the subproject site. Based on the findings of the screening activity, the Project will determine the need for preparing a Resettlement Plan, the magnitude and requirements of which will be proportionate to the identified risks and status of land settlement/records. This Resettlement Framework provides requirements for the preparation of the Resettlement Plan, including identification of eligible affected persons and entitlements as per the requirements of LAA 1894, KP Land Acquisition Rules 2020 and ESS5. The RF also provides requirements on eligibility of informal settlers/occupants and their entitlements as per World Bank ESS5. 9.3.3.1 Land Acquisition in Areas without Official Land Records Where official land records to not exist, the Project will follow the requirements of the KP Land Acquisition Rules 2020 (Part IV) and setting up of the Qaumi Commission in addition to the requirements of the LAA 1894 and ESS5. The Resettlement Plan will include detailed processes and TORs for the Qaumi Commission to ensure the practice does not result in elite capture, conflict of interest and exploitation. Due diligence for acquiring land through the Qaumi Commission and choosing members of the Qaumi Commission must include at least the following: • A new Qaumi Commission must be established for each land acquisition; • The Qaumi Commission members must not be direct relatives of the land owners; • The Qaumi Commission members must not be employees of the DC Office, Revenue, Acquiring Department or Local Government; 13 • PMU must ensure the Qaumi Commission members do not benefit financially from the land acquisition (except receiving the fees as prescribed by KP Land Acquisition Rules 2020) • PMU must verify and document that land being acquired is free from any dispute on ownership or any other encumbrances; • The land must be jointly identified by the Collector, Revenue Department, tribal elders and project representative. PMU must ensure that the land is appropriate for sub- project purposes and that the sub-project will not result in any adverse social or environmental impacts by using this land; • PMU must ensure the land is not being acquired through force or coercion; • PMU must ensure that the price set by the Qaumi Commission is not below the prevailing market price; • PMU must ensure the price set by the Qaumi Commission includes compensation for assets, trees, crops and economic displacement as per the Project Entitlement Matrix; • PMU must ensure free and informed decision-making through meaningful consultations conducted in good faith with all potential land sellers; • PMU must ensure that the community has knowledge of and access to a fair system of grievance redress, and that the system for project monitoring and reporting is in place. A Qaumi Commission Screening Checklist will be used for the due diligence and has been provided as an Annex Q. 9.3.3.2 Compensation for Informal Settlers/Occupants In addition to legal titleholders and those with traditional rights to land, the World Bank’s ESS5 recognizes Affected Persons as those who have no recognizable legal right or claim to the land or assets they occupy and will be displaced from. Consultations with the relevant government departments reveal there is no consistent approach and written guidance or procedures for the removal of informal settlers from state owned lands. Where necessary, removal of informal settlers is conducted by the relevant local administration (DC Office) on the request of the BOR. There is no impediment under national and provincial laws, in getting public lands forcibly vacated from the possession of informal settlers. All informal settlers/occupants present on government owned lands identified for use by the Project must be compensated based on the requirements of ESS5 and the Entitlements Matrix provided in this RF. 9.3.4 Category 2: Voluntary Land Donation for Village Level Schemes 9.3.4.1 Identification of Risks Sub-Component B2 – Village grants for community development will finance conditional and performance-based grants to village councils for local infrastructure investments identified through participatory processes and fulfilling key priority conditions across all project districts. Conditional grants would prioritize investments in water and sanitation and additional village 14 level projects based on community need and demands as identified in the community development plan. The Project under this sub-component will not finance any large-scale construction activities or civil works. All efforts will be taken by the Project to ensure local infrastructure is constructed on government owned land or on land provided by the community through Voluntary Land Donation (VLD). The following criteria will be used in order of preference for civil works: Preference 1: Use of government or state-owned land Preference 2: Voluntary Land Donation (VLD) 9.3.5 Mitigation Measures All project activities/subprojects which include civil works will be screened by the Project to identify any potential impacts related to land acquisition and resettlement. The ‘Involuntary Resettlement Screening Checklist for Civil Works’ provided as Annex P will be used for this purpose and will be completed through a rapid assessment of the subproject site. Based on the findings of the screening activity, the Project will determine the need for conducting due diligence and preparing the required VLD documentation as per guidance provided in the VLD Framework (Section 9.4), VLD/Due Diligence Screening Checklist (Annex R) and Sample Agreements for VLD (Annex S). a) VLD in Settled Districts/Areas with Land Records In settled districts or areas of NMDs where land records have been established, the Project must use the ‘VLD Sample Agreement for Settled Areas’ (Annex S). b) VLD in Areas of NMDs without Land Records In areas without established land records, the Project must use the ‘VLD Sample Agreement for Areas without Land Records’ (Annex S). In such cases, as land ownership is not documented, the agreement following tribal customs will require the proposed land to be transferred to a nominated tribal elder, who will then donate the land to the relevant Village Council or Neighborhood Council. This process has been followed and approved in the World Bank Pakistan Community Support Project (PCSP) for land donation in the NMD of Khyber. 9.4 VOLUNTARY LAND DONATION (VLD) FRAMEWORK This Voluntary Land Donation (VLD) Framework has been prepared to ensure that due diligence will be conducted by the project before the implementation of any interventions/sub- projects that involve construction or require land for local infrastructure schemes under. A sub- project requiring land on a permanent or temporary basis will be dropped if the VLD related criteria provided in this framework are not met. VLD is an act of free and informed consent. Project staff must ensure that voluntary contributions are obtained without coercion or duress. Project affected persons (PAPs) have the right to refuse to donate assets and receive their entitlement and compensation for their land and assets lost. They will be fully informed of their rights and access to grievance mechanisms described in the project’s Resettlement Framework. 15 9.4.1 VLD Due Diligence Due diligence for VLD will be conducted and documented during the screening phase of each sub-project/intervention requiring land. Due diligence will be carried out by the social safeguards specialist of the Project Management Unit (PMU). Due diligence will cover at least the following: • PMU must verify and document that land required for the sub-project is given voluntarily and the land to be donated is free from any dispute on ownership or any other encumbrances; • The land must be jointly identified by the Revenue Department, beneficiary community and project representative. • PMU must ensure that the land is appropriate for sub-project purposes and that the sub-project will not result in any adverse social or environmental impacts by using this land; • The titleholder/s or land owners donating land should be made to understand that they will have equal access to the infrastructure built on the donated land like any other community member and that they cannot claim for any priority treatment; • PMU must verify that the donated land does not cause any physical or economic displacement; • PMU must verify that the donated land/assets are no more than 10% of the total land assets of the owner/s; • In case of communal land, PMU must acquire consent of 90% of land owners through a consultative process; • The land titleholders/owners should not belong to vulnerable sections of society, unless he/she is a direct beneficiary of the sub-project (i.e., donated parcel of land would result in net gains in that person’s livelihood). Vulnerable sections are: o households below the poverty line (with a valid government issued proof); o women headed households with women as sole earners who may lose their shelter or livelihood due to land donation; o handicapped persons who may lose their shelter or livelihood due to land donation. • PMU must ensure free and informed decision-making through meaningful consultations conducted in good faith with all potential land donors. Documented verification must be maintained of this consultation showing that land donors are in agreement with the sub-project and its benefits, and agree to donate their land; • PMU must ensure that separate discussions are held with vulnerable donors such as women, elderly and orphans to facilitate meaningful participation and ensure there is no coercion by other land donors; • PMU must verify that land is free from any encroachments; • PMU must verify that land donation will not displace tenants or bonded labour, if any, from the land; • PMU must ensure that the community has knowledge of and access to a fair system of grievance redress, and that the system for project monitoring and reporting is in place. 16 9.4.2 VLD Documentation PMU will document the VLD due diligence for each sub-project that requires donation of private or communal land through the following means: • Completion of VLD Due Diligence/Screening Checklist at sub-project planning/screening stage (format provided as Annexure R); • Completion and signing of the written consent form for VLD on Stamp Paper of the amount required by the Revenue Department for land donation. This needs to be verified by notary public, and by all donors (in Urdu) (format provided as Annexure S); • Verification of donation and signing of consent form by two witnesses who are community notables to ensure that the land was voluntarily donated without any form of coercion or duress; • The VLD due diligence information will be verified during detailed design preparation of the sub-project and updated as necessary. 9.4.3 VLD Monitoring VLD will be monitored by the social safeguards specialist at PMU and periodically reviewed by the WB as per the requirements provided in the ESMF. During review missions, WB will verify that land donation due diligence has been conducted in accordance with the above procedures. 9.4.4 Grievance Redress Mechanism Anticipated grievances may relate to coercion for land donation or a donation of more than 10% of private land holding. Any complaint will go to the grievance redress mechanism (GRM) established for the project. 9.4.5 Consultations This VLD Framework will be included in consultations with communities about the project, the rights and options available to them, and proposed mitigation measures for adverse effects. To the extent possible, communities will be involved in the decisions that are made concerning VLD and resettlement. 9.5 PREPARING RESETTLEMENT PLANS Resettlement Plans (RP) will be prepared where it is identified that small scale acquisition of land is required, or there is a risk of removal of informal settlers/occupants from public lands. The Project will ensure that priority is given to use of government owned lands for construction activities. The process for preparing a RP is provided in this section. The detailed process and outline are provided as Annex T. The scope of requirements and level of detail of the resettlement plan varies with the magnitude and complexity of resettlement. The plan is based on up-to-date and reliable information about (a) the proposed project and its potential impacts on the displaced persons and other adversely affected groups, (b) appropriate and feasible mitigation measures, and (c) the legal and institutional arrangements required for effective implementation of resettlement measures. 9.6 METHODOLOGY OF SCREENING Following the RF, the PMU will undertake assessment of all impacts of different project activities, any unanticipated impacts or additional land acquisition required during the implementation of the project. Screening for resettlement impacts will be conducted for all 17 construction activities under Components A and B using the Involuntary Resettlement Screening Checklist (Annex P). The checklist will be filled by conducting a rapid assessment of the resettlement impacts and consultation with the affected persons and communities, if any. This will help the PMU identify any potential involuntary resettlement risks and the need for preparing RPs. 9.7 ASSESSMENT OF IMPACTS FROM LAND ACQUISITION AND RESETTLEMENT If the Involuntary Resettlement Checklist identifies potential resettlement impacts associated with land acquisition or use of government lands, including those related to removal of informal settlers/occupants, or prior acquisition of land which is not in line with the requirements of this Resettlement Framework, detailed assessments will be conducted as following: 1. Conduct a full assessment of resettlement impacts by involving all stakeholders, particularly the affected persons (including informal settlers/occupants) and establish a full inventory of all assets to be acquired or displaced. 2. Prepare Resettlement Plans for all activities requiring land acquisition or resulting in displacement of formal or informal settlers 3. Use the approved entitlement matrix to guide the planning and compensation for all losses incurred due to the unanticipated impacts and/ or acquisition of additional properties. New entitlements may be developed depending on the scale of any specific impacts caused by the project. 4. Project will not start civil works or remove informal settlers until all relevant entitlements are paid to affected persons Share the draft RP with WB for concurrence and approval and explain and disclose to the APs (translated into Urdu and other local languages if needed). 9.8 COMMUNITY PARTICIPATION AND CONSULTATIONS PMU will ensure engagement with and consultations with all APs and host communities through the process of stakeholder engagement defined in the Project’s Stakeholder Engagement Plan. Detailed consultations will be conducted to gather their views and feedback to incorporate into the resettlement plans. Decision-making processes related to resettlement and livelihood restoration will include options and alternatives from which affected persons may choose. Disclosure of relevant information and meaningful participation of affected communities and persons will take place during the consideration of alternative project designs, and thereafter throughout the planning, implementation, monitoring, and evaluation of the compensation process, livelihood restoration activities, and relocation process. The Project will also put in place institutional arrangements by which displaced people can communicate their concerns to project authorities throughout planning and implementation. The consultation process should ensure that women’s perspectives are obtained and their interests factored into all aspects of resettlement planning and implementation. Addressing livelihood impacts may require intra-household analysis in cases where women’s and men’s livelihoods are affected differently. Women’s and men’s preferences in terms of compensation 18 mechanisms, such as replacement land or alternative access to natural resources rather than in cash, should be explored. 9.9 FIELD SURVEYS Field surveys for the RP consist of four different75 but interrelated surveys that will prepare a census of all affected persons, households, businesses, and community infrastructure and identify all impacts. 9.10 VALUATION OF ASSETS The RP will include a detailed valuation of assets such as productive land, houses, structures, crops, trees and loss of livelihoods. 9.11 APPROVAL OF RESETTLEMENT PLAN All Resettlement Plans will be prepared in accordance with this RF. Once the RP document is finalized and approved by the PMU, it will be sent to the World Bank for review and endorsement via a No Objection Letter. After the endorsement, the government of Khyber Pakhtunkhwa will be responsible for the approval of the RP and all resettlement related issues, as well as implementation of the RP in accordance with the RF. The RF will apply to the entire project irrespective of source of financing. 9.12 DISCLOSURE OF RESETTLEMENT PLAN During project preparation, the Resettlement Plan will be disclosed after approval by the World Bank on the Bank and Project websites in English and at project sites in local language(s). Both the World Bank and government of Khyber Pakhtunkhwa will disclose the final version of RP. 9.13 ADAPTIVE MANAGEMENT OF RESETTLEMENT PLAN Resettlement Plans should include provisions for adapting resettlement implementation in response to unanticipated changes in project conditions, or unanticipated obstacles to achieving satisfactory resettlement outcomes. Resettlement Plans will be updated to reflect changes that lead to substantive changes in the nature of resettlement impacts. Any updated RP should be submitted to the World Bank for review prior to implementation of new design. The updated RP, once approved by government of Khyber Pakhtunkhwa and accepted by the Bank, must be disclosed on the Bank and Project websites in English and at project sites in local language(s). 75 Census of Affected Persons and Project Impacts; Household Profile Survey; Affected Businesses Survey; Public and Community Infrastructure Survey 19 9.14 ELIGIBILITY AND ENTITLEMENTS 9.14.1 Eligibility Affected persons eligible for compensation, relocation and livelihood rehabilitation entitlements under ESS5 may be classified as those who: i. Who have formal legal rights to land or assets; ii. Who do not have formal legal rights to land or assets, but have a claim to land or assets that is recognized or recognizable under national law. Such claims could be derived from adverse possession or from customary or traditional tenure arrangements; or iii. Who have no recognizable legal right or claim to the land or assets they occupy or use. Eligibility under this RF is established by: (i) presence on the subproject site prior to the cut- off date; and (ii) physical or economic displacement due to permanent or temporary loss of land, structures or livelihood, whether full or partial, as a consequence of land acquisition. Examples are: • Owners of land or structures, including those recognized as legally titled or legalizable on the basis of claims recognizable under national law; • Lessees (leaseholders) of state or private land, whether long-term or short-term; • Sharecrop tenants with or without formal legal registration according to national law; • Non-titled occupants of land, such as informal settlers/occupants; • Business owners, whether registered under national law or informal; • Employees of private or public businesses or enterprises, whether registered under national law or informal; • Cultivators of crops or trees, irrespective of legal status of property relation to land; • Vulnerable persons, including households headed by women, elderly or disabled persons, and households in local context with per capita incomes at or below the poverty line; • Mobile vendors and others who may be drawing livelihoods from the project area. • Any other group identified as per guidelines of ESS5 Persons without formal legal rights nor recognizable claims to lands will be compensated for their non-land assets. Eligibility extends to those who are temporarily or partially affected by the project. 9.14.2 Cut-off Date Eligibility for entitlements under this RF is limited by a cut-off date, which is established by the time of social impacts assessment and census of project affected persons, inventory of losses and socioeconomic baseline survey. The cut-off date under LAA 1894 is the date when Section 4 of LAA is issued; buying and selling of land in the notified area becomes impossible until the land is acquired. However, 20 due to the lengthy process of land acquisition and timeline between different sections of LAA (from Section 4 to land award), the date of the census survey of affected persons will establish the cut-off date. The PIU will notify the cut-off date and communicate to the local population through appropriate media sources, consultative meetings, focus group discussions and field surveys to prevent new people from the project sites. The establishment and communication of the date will be formalized through documentation and disclosure of reports. 9.14.3 Entitlements Full replacement cost as compensation is the basic principle guiding the allocation of entitlements, with special provisions for: improvement of livelihoods of vulnerable displaced persons; sharing of project benefits; and unanticipated impacts. The entitlements will be specific to the types of impacts, losses and eligible persons occurring in a project, while the provisions made in this RF include a wider range of the possible cases which may arise under the project. Each individual AP will be eligible for a combination of entitlements specific to his/her particular losses and relationship to the lost assets. The entitlements are summarized in the Entitlements Matrix below for acquisition in areas with land records and areas of NMDs where land records do not exist. Both the LAA 1894 and World Bank ESS5 require that APs are compensated before displacement. At the same time, they require that a mechanism is established for dealing with legal and administrative impediments in terms of disbursement of compensation payments to APs, provided that good-faith is sufficiently demonstrated in: (i) contacting, notifying and assisting PAPs; and (ii) delivering compensation payments. 9.15 IMPLEMENTING ARRANGEMENTS 9.15.1 Project Implementation Unit The GoKP Planning and Development Department (P&DD) will be responsible for overall project management and coordination. It will do so by establishing a dedicated Project Management Unit (PMU) that will oversee project activities, including implementation of the Resettlement Framework. The PMU will also be supported by a Project Implementation Unit (PIU) which will be established in the Local Government Division under the Director General of Local Government and Rural Development. This PIU will play oversight and coordination roles for the District Project Implementation Units (DPIUs) which will be established to support the implementation of: activities related to the establishment of administrative systems, reviewing and monitoring of tehsil level subprojects, and supporting community level investments through village councils. The PMU will be overall responsible for resettlement functions, including preparation, implementation, financing and supervision of all relocation and resettlement, social development tasks and cross-agency coordination. The PMU will have the ultimate responsibility to prepare and implement Resettlement Plans and to coordinate with the DPIUs for data collection and implementation of the RF at the district, tehsil and village level. PMU will also receive and review quarterly reports and address all queries from DPIUs. DPIUs will provide support in conducting surveys, census and assessments during preparation of Resettlement Plans. 21 Proportionate with the moderate risk of the project, implementation of the RF, screening of sub- projects, and preparation and implementation of the Resettlement Plans will be the responsibility of the Social Development Specialist PMU, who will report to the Project Director. The PMU Social Development Specialist will be supported by Social Specialists in the DPIUs for field surveys, assessments and implementation of Plans. The PMU Social Development Specialist will be responsible for: • Screening of subprojects in term of involuntary resettlement • Train project Social Specialists and key staff on RF requirements, with a special focus on ESS5 requirements • Elaboration of terms of reference for preparing a Resettlement Plan for each subproject • Engaging and supervising consultants for the preparation of a Resettlement Plan for each subproject • Providing comments on draft Resettlement Plans prepared by the consultants • Reviewing and approving the final Resettlement Plan of each subproject • Disclosure of the approved Resettlement Plan • Establishing the grievance redress mechanism to address and resolve resettlement related complaints • Supporting DPIUs for engaging the monitoring and evaluation consultants • Preparing quarterly progress reports on resettlement and other related safeguard aspects in cooperation with the Environment Specialist to be hired for the project • Supporting PMU in planning and implementing consultations with stakeholders • Maintaining liaison with key stakeholders, including regulatory agencies and the World Bank • Elaborating a project closure report on resettlement aspects. 9.15.2 District Agencies Land acquisition functions rest with the Deputy Commissioner (formerly known as District Revenue Officer or District Collector), which is the provincial Board of Revenue’s representative at the district level. Other staff members of the Revenue Department are to identify titles and verify ownership. Functions pertaining to compensation of non-land assets rest on provincial line agencies and their District level offices. Compensation for houses and other structures considered part of housing pertains to the Department of Housing; productive trees compensation to the Department of Agriculture; and the compensation for wood trees losses to the Department of Forestry, Environment and Wildlife. 9.15.3 Grievances Redressal Mechanism A GRM will be set up to address grievances arising from project impacts, including land acquisition and resettlement. The purpose of the GRM with regard to land acquisition and resettlement is to receive, review and resolve grievances from physically and economically displaced persons, and thereby facilitate implementation of this RF as well as related RPs. The GRM is likely to address issues on: (i) location of the subproject so as to avoid specific affected assets; (ii) omission of some APs in a census; (iii) identification, measurement and valuation of losses; (iv) assessment and disbursement of compensation relative to entitlements stipulated in a RP; (v) disputes about ownership of affected assets; (vi) delays in compensation payments, relocation activities or livelihood restoration measures; (vii) design 22 and completion of relocation sites and facilities; and (viii) adequacy and appropriateness of income restoration measures;. Special care will be taken to make the GRM accessible to vulnerable persons, including the poor, elderly, handicapped, female heads of households, as well as women and members of ethnic and religious minorities in general. Each RP will indicate specific mechanisms to ensure accessibility for specific groups of APs. 9.15.4 Internal Monitoring Internal monitoring will be carried out routinely by the Social Development Specialist at the PMU under the guidance of the Project Director. This will include monitoring of: • Preparation and implementation of Resettlement Plans • Administration of entitlements and assistance to affected persons • Status of resolution of all complaints (with details) and consultation plans Results of internal monitoring will be compiled and shared with P&DD and the World Bank through quarterly progress reports (QPRs). Indicators for the internal monitoring will be those related to process, immediate outputs and results. 9.15.5 External Monitoring P&DD will hire External Monitors for conducting independent monitoring and evaluation during implementation of Resettlement Plans. 9.16 BUDGET Adequate budgetary support will be fully committed and made available to cover the costs of land acquisition (including compensation and income restoration measures) within the agreed implementation period. The funds for all resettlement activities will come from the Government of Khyber Pakhtunkhwa. All land acquisition and resettlement (LAR) implementation costs, including cost of compensation and LAR administration, will be considered an integral part of Project cost. Each RP will include a budget section indicating unit compensation rates for all affected items and allowances, relocation of structures, rehabilitation of livelihood, methodology followed for the computation of unit compensation rates and a cost table for all compensation expenses including administrative costs and contingencies. Total cost of the RP will also include 10 percent contingencies. Finances for compensation, relocation of structures, rehabilitation of livelihood, allowances, and administration of RP preparation and implementation will be provided by the Project. P&DD will ensure that all the required funds are available for different resettlement activities before the start of particular activities as scheduled in the RP. 23 LIST OF ANNEXES ANNEX A: KEY NATIONAL AND PROVINCIAL LAWS, REGULATIONS AND POLICIES ............... 2 ANNEX B: COMPARISON OF LOCAL AND INTERNATIONAL ENVIRONMENTAL QUALITY STANDARDS .................................................................................................................. 10 ANNEX C: GUIDELINES FOR EMERGENCY RESPONSE PLAN .................................................. 15 ANNEX D: TREE PLANTATION PLAN ............................................................................................. 21 ANNEX E: PHYSICAL CULTURAL RESOURCES MANAGEMENT FRAMEWORK ....................... 23 ANNEX F: TRAFFIC MANAGEMENT PLAN .................................................................................... 25 ANNEX G: ENVIRONMENT & SOCIAL SCREENING CHECKLIST ................................................ 28 ANNEX H: GENERIC TORS FOR THE PREPARATION OF ESMP ................................................ 31 ANNEX I: SAMPLE TERMS OF REFERENCE OF E&S SPECIALISTS ........................................ 34 ANNEX J: PRECAUTIONARY ACTION AGAINST THE POTENTIAL RISK OF NOVEL CORONAVIRUS .............................................................................................................. 38 ANNEX K: WORLD BANK GROUP ENVIRONMENTAL, HEALTH AND SAFETY GUIDELINES ... 45 ANNEX L: COMMUNITY HEALTH AND SAFETY PLAN ................................................................. 54 ANNEX M: TEMPLATE FOR ENVIRONMENTAL AND SOCIAL MONITORING ............................. 57 ANNEX N: GUIDELINES FOR OCCUPATIONAL HEALTH AND SAFETY PLAN ........................... 61 ANNEX O: SOLID WASTE MANAGEMENT PLAN (SWMP) ............................................................ 66 ANNEX P: INVOLUNTARY RESETTLEMENT SCREENING CHECKLIST FOR CIVIL WORKS .... 68 ANNEX Q: QAUMI COMMISSION SCREENING CHECKLIST ........................................................ 71 ANNEX R: VLD/DUE DILIGENCE SCREENING CHECKLIST ......................................................... 73 ANNEX S: SAMPLE AGREEMENTS FOR VOLUNTARY LAND DONATION (TO BE TRANSLATED INTO URDU) ................................................................................................................... 75 ANNEX T: ELEMENTS OF A RESETTLEMENT PLAN ................................................................... 79 ANNEX U: SALIENT FEATURES OF LAND ACQUISITION ACT 1894 ........................................... 82 ANNEX V: SALIENT FEATURES OF KP LAND ACQUISITION RULES 2020 FOR MERGED AREAS ............................................................................................................................ 83 ANNEX W: ENTITLEMENTS MATRIX............................................................................................... 84 24 ANNEX A: PROVINCIAL LAWS, REGULATIONS AND POLICIES Pakistan’s statute books contain a number of laws concerned with the regulation and control of the environmental and social aspects. However, the enactment of comprehensive legislation on the environment, in the form of an act of parliament, is a relatively new phenomenon. Most of the existing laws on environmental and social issues have been enforced over an extended period of time, and are context-specific. The summary of major relevant strategies, policies, acts and legislation from environmental and social perspective are provided in Tables below. Main Environmental and Social Strategies / Policies Relevant to the Project Sr. Policy/Strategy Brief Coverage Relevance to Project No. 1. National The NCS outlines the Country’s primary The core areas that are Conservation approach towards encouraging relevant in the context of the Strategy, 1992 sustainable development, conserving proposed subprojects are natural resources and improving pollution prevention during efficiency in the use and management of construction and rehabilitation resources. The NCS has 68 specific activities and conserving programs in 14 core areas in which policy biodiversity and forestry. intervention is considered crucial for the preservation of Pakistan’s natural and physical environment. 2. National This provides a framework for addressing Clause (b) of sub-section 5.1 Environmental the environmental issues. Section 5 of states that Environmental Policy, 2005 the policy commits for integration of Protection Act, 1997, will be environment into development planning diligently enforced for all as instrument for achieving the objectives developmental Projects. of National Environmental Policy. It also provides broad guidelines to address environmental concerns and to ensure effective management of environmental resources. 3. National Forest The goal of this Policy is to expansion, The interventions under the Policy, 2015 protection and sustainable use of national proposed subprojects will not forests, protected areas, natural habitats be carried out in any Reserve Forest or other notified areas. and watersheds for restoring ecological The proposed subprojects may functions, improving livelihoods and involves the tree cutting during human health in line with the national the construction and priorities and international agreements. rehabilitation activities subject to prior approval/NOC (where applicable), so the relevant clauses of preservation of the policy will be applicable. Agriculture Policy The policy has given emphasis to work in The provision of this policy will Khyber collaboration with private sectors for be ensured during course of Pakhtunkhwa quality control, inspection and subprojects due to construction (2015-25) certification of fertilizers, chemicals and and rehabilitation of irrigation planting materials. However, after 18th infrastructure. amendment, pesticides residues and quality related analysis laboratories need to be established in the province. 25 Sr. Policy/Strategy Brief Coverage Relevance to Project No. Khyber Major Areas of KP Labour Policy are: The provision of this policy will Pakhtunkhwa Ensuring provision of basic labour rights, apply to all the labor Labour Policy, Capacity Buliding & Institutional employed76. 2018 Development, Social Protection and Welfare and Employment promotion & Facilitation. 4. National Disaster NDMA, being the lead focal agency for This policy will be elicit if any Risk Reduction disaster preparedness and management, unforeseen natural and man- Policy, 2013 has therefore, embarked upon made disaster occurs during formulation of a comprehensive National construction and operation Disaster Risk Reduction Policy through phase of the proposed wider consultations with all stakeholders subprojects. including all provinces, state of AJ&K and regions. This policy covers disasters risk reduction in a more holistic way and introduces a proactive and anticipatory approach by laying special emphasis on risk assessment and prevention. 7. National Power This policy setting nine goals for This policy will be applicable, Policy, 2013 improving the power situation in the as proposed subprojects will country. In line with this policy, the use energy conservative National Energy Efficiency and technologies to sustainably use Conservation Bill (NEE&C) 2016 was the resources. passed which empowers the provincial bodies to implement and monitor the NEE&C program activities. 8. National Climate The policy cover measures to address This policy will accelerate due Change Policy, issues in various sectors such as water, to the emissions from the 2012 agriculture, forestry, coastal areas, construction and rehabilitation biodiversity and other vulnerable activities. ecosystems. Notwithstanding the fact that Pakistan’s contribution to global The interventions under the Greenhouse Gas (GHG) emissions is proposed subprojects are very small, its role as a responsible expected to increase resilience member of the global community in to climate change. combating climate change has been highlighted by giving due importance to mitigation efforts in sectors such as energy, forestry, agriculture and livestock. The policy thus provides a comprehensive framework for the development of Action Plans for national efforts on adaptation and mitigation. 9. National Water The policy covered all water related This policy will be applicable as Policy 2018 issues, including water uses, allocation of the proposed subprojects deals priorities, integrated planning for with the water conservation development, use of water resources, through rainwater harvesting environmental integrity of the basin, and recharge groundwater, impact of climate change, trans boundary rehabilitation of water water sharing, irrigated and rain fed networks, improving water agriculture, drinking water and sanitation, efficiency, irrigation and canal hydropower and industry, groundwater, linings etc. 76 Direct workers, contracted workers, primary supply workers and community workers. 26 Sr. Policy/Strategy Brief Coverage Relevance to Project No. water rights & sustainable water infrastructure, water related hazards, quality management, awareness, conservation, legal and capacity building of infrastructure. 10. National Drinking This policy provides a framework for This policy is applicable for the Water Policy, 2009 addressing the key issues and proposed subprojects during challenges facing Pakistan in the construction phase in terms of provision of safe drinking water to the regular water quality people. monitoring. 12. National It lays out an adaptive system and This strategy is applicable as Sustainable approach that can be continuously the interventions under the Development improved, through regular updates, to proposed subprojects deliver Strategy, 2012 respond to evolving challenges. The benefits to all, particularly the focus has been on integrating not only poor and the vulnerable, which across the three overall dimensions of does not lead to undue economic, social and environment but exploitation or degradation of also integrating the goals with the existing natural resources. The development paradigm with the aim of proposed Project is expected to shifting it on to a more sustainable demonstrate great pathway. sustainability after its completion. 13. National Action Government of Pakistan has launched This Action Plan for COVID-19 Plan for COVID-19 the National Action Plan for COVID-19 is applicable to the proposed Pakistan Pakistan to combat the challenge of subprojects as it is being prevailing virus. These measures are launched during this pandemic. mostly relating to the containment and awareness and capacity building. 14. KP Climate The Policy highlights sectors that need This policy will accelerate due Change Policy mitigation measures such as energy, to the emissions from the 2022 transport, wastes, industries, urban construction and rehabilitation planning etc. It also gives emphasis, to activities. streamline Climate Change in different sectors of the economy and The proposed Project will developmental projects in the Province to address the identified climate make a sustainable development and change risks in the following create resilience to natural disasters. ways: (i) administrative facilities constructed will incorporate resilient standards and would utilize green and energy efficient standards; (ii) strategic infrastructure investments will incorporate climate resilience into designs; and (iii) investments financed at the VC level would incorporate resilience and encourage adaptation and mitigation to climate risks. 15. Culture Policy, The provincial culture policy, while The interventions under the Khyber integrating the specifics of the province, proposed subprojects will not Pakhtunkhwa, envisages to: create an enabling affect physical cultural 2018 environment for the culture sector to resources. However, this flourish; acknowledge cultural rights and ESMF has developed Physical promote diverse cultural heritage of the Cultural Management province; integrate culture and creative Framework to be followed sector into economic and social during project implementation 27 Sr. Policy/Strategy Brief Coverage Relevance to Project No. development for employment and in case of any chance find of revenue generation; and provide equal physical culture resource. opportunities regardless of class, caste Pakistan has only recognized and creed. The Policy encourages to Indigenous Peoples, the preserve minority culture in an enlarged Kalash, live in three valleys in sense and gives indication to the project the Chitral district of Khyber how it should be implemented in the Pakhtunkhwa, which is not indigenous areas. included in the Project Area. Main Environment & Social Legislation Relevant to the Project Sr. Act Brief Coverage Relevance to Project No. Pakistan The key features of the law, in as far as it The Pakistan Environmental 1. Environmental has a direct bearing on the proposed Protection Agency (Pak-EPA) Protection Act, subprojects, relate to the provisions has delegated the power of 1997 setting out any requirement for an IEE review and approval of and an EIA for development subprojects. environmental assessments to Section 12 (1). the provincial environmental protection agencies, in this case the KPEPA. The applicable act is Khyber Pakhtunkhwa Environmental Protection Act, 2014. Khyber The GoKP amended PEPA 1997 as KP The provision of the act is 2. Pakhtunkhwa Environmental Protection Act 2014, and applicable to proposed Environmental KP EPA is responsible for ensuring the subprojects for conducting an Protection Act implementation of provisions of the Act in IEE/EIA according to section 2014 KP’s territorial jurisdiction. KP EPA is 13 and to obtain environmental also required to ensure compliance with approval/NOC from the the NEQS and establish monitoring and KPEPA. The proposed Project evaluation systems. In case any project will also ensure the compliance falls under Schedule I or II of this Act, the with all other relevant sections relevant IEE (or EIA where required) will of this Act. be developed and submitted to KPEPA for issuing NOC before commencing any physical work. Khyber These regulations provides schedules of The provisions of these 3. Pakhtunkhwa proposals that the project requires IEE, regulations are applicable for Environmental EIA or General Environmental Approval environmental screening of the Assessment (GEA) and the procedure for the project, which implies that an Rules, 2021 environmental approval for filing the case EIA/IEE/GEA is required for the with the EPA for the granting of the NOC. proposed subproject (s). The EIA/IEE/GEA77 study / studies78 will be required to fulfill the local / provincial requirements. After submission of EIA/IEE/GEA to KPEPA, the process for environmental approval/NOC will initiate. National The National Environmental Quality Due to the construction and 4. Environmental Standards (NEQS), promulgated under rehabilitation activities under Quality Standards the Pakistan Environmental Protection the proposed subprojects, it is Act, 1997, specify the following expected that ambient air, 77 The type of study (EIA/IEE/GEA) required be will finalized upon submission of screening form by the P&DD (the proponent) provided in Khyber Pakhtunkhwa Environmental Assessment Rules, 2021. 78 It will be decided by the KPEPA. 28 Sr. Act Brief Coverage Relevance to Project No. standards related to Industrial Gaseous noise levels and water quality Emission, Municipal and Liquid Industrial may be affected. The proposed effluents, Motor Vehicle Exhaust and Project will ensure the Noise, Ambient Air, Drinking Water compliance with these Quality and Noise. standards. Guidelines for The guidelines that are relevant to the These guidelines will be 5. Environmental proposed project are listed below: applicable for the preparation Assessment • Guidelines for the Preparation and of the environmental Review of Environmental Reports, assessment reports prior to 1997; start of construction to fulfill the provincial (KPEPA) • Guidelines for Sensitive and requirements. Sensitive Areas, 1997; • Guidelines for Public Consultation, 1997; and • Sectoral Guidelines for Environmental Reports,1997. KP Wildlife and It is expedient to provide for the It is anticipated that there will 6. Biodiversity protection, preservation, conservation be no direct impacts on the (Protection, and management of wildlife in KP. biodiversity and natural Preservation, resources as construction and Conservation and Management) Act, rehabilitation activities will be 2015 carried out in already transformed areas. However, few tree cutting and clearing of vegetation, at some locations, may be involved, if required. This ESMF ensures that, the interventions shall not be carried out in or near the vicinity of any natural habitats and critical habitats (including protected areas or other sensitive habitats). KP Forest This Ordinance prohibits construction of The construction and 7. Ordinance 2022 any building or shed, road or enclosure, rehabilitation activities will be or any infrastructure, or altering or carried out in already enlarging any existing road or transformed areas. No infrastructure in a reserved forest. It also intervention shall be carried out ban any cutting, felling or uprooting any in natural and critical habitat tree or brushwood listed in Schedule –I. including reserved forests. Furthermore, it also disallows to quarry However, few tree cutting and stone from reserved forests. Due to the clearing of vegetation, at some close proximity with a number of locations, may be involved, if reserved forests, the mentioned required. provisions of this law will need to be taken into account. Forest Act, 1927 The Act authorizes Provincial Forest The subprojects activities will 8. Departments to establish forest reserves have to be carried out in and protected forests. The Act prohibits accordance with this Act. No activities will be carried out in any person to set fire in the forest, quarry any protected and reserved 29 Sr. Act Brief Coverage Relevance to Project No. stone, remove any forest-produce or forests, and no unauthorized cause any damage to the forest by tree cutting will be carried out. cutting trees or clearing up area for cultivation or any other purpose. Khyber This act pertains to protect, preserve, The proposed interventions 9. Pakhtunkhwa develop and maintain antiquities in the might be located in areas and Antiquities Province the KP. New Construction and locations that may affect local (Amendment) Act, use of Movable Antiquities is applicable cultural properties and/or 2020 and require NOC from Directorate in historical sites. Such case of vicinity of any protected possibilities are considered immovable antiquity. remote because of the small size of interventions, and the relevance of this Act will be reassessed during Project preparation. This ESMF has developed a Physical Cultural Management Framework to be followed during project implementation in case of any chance find of physical culture resource. KP Commission The KPCSW oversees implementation of It is applicable as the proposed 10. on Status of laws, policies and programs related to subprojects may involve female Women (KPCSW) women and proposes new measures labor force. where gaps exist. Pakistan Penal The Code deals with the offences where The provisions of the Penal 11. Code, 1860 public or private property or human lives Code, 1860 are applicable to are affected due to intentional or the proposed subprojects in accidental misconduct of an individual or terms of penalties for effecting organization. The Code also addresses human lives and public control of noise, noxious emissions and property. It also addresses the disposal of effluents. control of noise, air emissions and effluent disposal. The Pakistan Environmental Protection Act, 1997, has superseded most of the environmental aspects of the Code. Khyber The objective of this Act is to create a This Act is applicable to the 12. Pakhtunkhwa safe working environment for women, proposed project as women will Protection against which is free of harassment, abuse and be employed as Project Harassment of intimidation with a view toward fulfillment workers. Women at the of their right to work with dignity. It will Workplace Act also enable higher productivity and a (Amendment), better quality of life at work. 2020 13. Labour Laws as The Constitution of Pakistan contains a The following are the major part of Constitution range of provisions with regards to labour labor laws which are applicable of Pakistan 1973 rights. Labour law is controlled at both to the subproject: provincial and national levels with compulsory employment agreements • Khyber Pakhtunkhwa containing the terms set out by the labour Occupational Health and laws. The labour laws are a Safety Act, 2022. comprehensive set of laws in Pakistan dealing with the rights of labour. • Khyber Pakhtunkhwa Protection against Harassment of Women at 30 Sr. Act Brief Coverage Relevance to Project No. the Workplace Act (Amendment), 2020 and KP Commission on the Status of Women. • Khyber Pakhtunkhwa Labour Policy, 2018. • The Khyber Pakhtunkhwa Prohibition of Employment of Child Act, 2015. • Khyber Pakhtunkhwa Bonded Labour System (Abolition) Act, 2015. • Khyber Pakhtunkhwa Factories Act, 2013. • Khyber Pakhtunkhwa Worker’s Compensation Act, 2013. • Khyber Pakhtunkhwa Payment of Wages Act, 2013. • Khyber Pakhtunkhwa Industrial Relation Act, 2010. The Khyber The act prohibits the working of children The relevance of this act to the 14. Pakhtunkhwa below the age of twelve years. However, subprojects will be to prohibit Prohibition of it allows the working of children above child employment, as per Employment of twelve years of age under the condition conditions mentioned in this Child Act, 2015 that the children are engaged in only light Act, for construction and work and alongside with their family rehabilitations activities. members. The children must not work for more than two hours during the day and that too only to acquire skill. The act bans the employment of adolescent in hazardous environment to safeguard the health and safety of the children. The Khyber The Act provides for ensuring The proposed Project is a 15. Pakhtunkhwa transparency and access to information public sector Project, therefore, Right to in KP. it needs to provide information Information Act, to the public and not 2013 compromise transparency under this Act. a) Pakistan This Act aims to meet obligations under This Act will be triggered due to 16. Climate international conventions relating to the emissions from the Change Act, climate change and to provide for construction and rehabilitation 2017 adoption of comprehensive adaptation activities. The interventions and mitigation policies, plans, under the proposed programmes, projects and other subprojects are expected to measures required to address the effects increase resilience to climate of climate change and for matters change. connected herewith and ancillary thereto. 31 Sr. Act Brief Coverage Relevance to Project No. Canal and The Canal and Drainage Act (1873) This Act will be applicable to 17. Drainage Act, prohibits corruption or fouling of water in the construction and operation 1873 canals (defined to include channels, tube and maintenance (O&M) works wells, reservoirs and watercourses), or to be carried out during the obstruction of drainage. course of proposed subprojects. Khyber This Act entails provision of occupational The Act will trigger during 18. Pakhtunkhwa safety and health of the workers at construction and rehabilitation Occupational workplace and to protect them against activities to ensure health and Health and Safety risks arising out of the occupational safety for all types of workers. Act, 2022 hazards; to promote safe and healthy working environment catering to the physiological and psychological needs of the employees at workplace. Khyber The main objective of this act is to The subprojects interventions 19. Pakhtunkhwa regulate the manufacturing, formulation, (construction and rehabilitation Agricultural repacking, sale, distribution, disposal, of irrigation infrastructure) may Pesticides Act, advertisement and use of pesticides and increase the use of pesticides 2013 ensure the measures necessary to by the farmers, leading to protect the human health, animal health greater exposure to pesticides and the environment from adverse and environmental and health effects resulting from the use of risks. The farmers and pesticides. suppliers / distributors must respect the provision made under this act. The Khyber Under this Act the local governments are The District Administration, if it 20. Pakhtunkhwa established and function within the has enacted any of the Local Government provincial framework. This act also procedures for environmental Act, 2019 addresses the land use, flood control management, will be involved protection, air, water and soil pollution, in certain aspects of disposal of solid waste and wastewater environmental management of effluents, as well as matters relating to the subprojects. public health. The Act foresees a role for the district government in environmental management. Electricity Act, The Act provides a legal basis for This act will be applicable if any 21. 1910 distribution of Power. It enables a damages occur during the licensee to conduct operations for supply construction activities to the of electricity and binds the license to power facilities. payment of compensation in respect of any damages caused during the construction, Operation and Maintenance (O&M) of Power distribution facilities. Cutting of Trees The Act was enforced in 1992 to place This act will be applicable to the 22. (Prohibition) Act, restrictions on cutting of trees in order to proposed subproject where the 1992 restrain unchecked trend of tree felling cutting of tree (if any) will be without replacement plantations. involved. The Khyber This act was enforced in 1949 to protect This act will be applicable to the 23. Pakhtunkhwa the trees and brushwood belonging to proposed subprojects where Protection of the Government and Local bodies. the cutting of tree (if any) will be Trees and involved. Brushwood Act, 1949 24. National Disaster The Act was passed in backdrop of 2010 This act is applicable to the Management Act, Floods in Pakistan and strengthens proposed subprojects. The 2010 Disaster Management system. proposed subproject will require special consideration to 32 Sr. Act Brief Coverage Relevance to Project No. disasters and risk management strategies as per the Act. 25. Hazardous The rule describes the procedure of This rule is applicable to the Substance Rule, handling, transportation and disposal of proposed subprojects due to 2003 hazardous substances and hazardous involvement of hazardous waste. Inter alia, general safety waste (if any) handling, use precautions for handling hazardous and disposal during the substances as well as safety precautions construction phase. for workers, and notification requirements in the event of an accident are described in these rules. Requirements for project waste management plans are also defined to prevent adverse environmental impacts. 26. Building Code of The provision of BCP shall apply for These codes shall be used in Pakistan (Seismic engineering design of building like structural design of building Provisions-2007) structure and related components. The components constructed under construction in violation of the Building the proposed subproject. code shall be deemed as violation of professional engineering work. Moreover, a certificate for the proposed action will be obtained from Provincial Building Control Authority. 33 • COMPARISON OF LOCAL AND INTERNATIONAL ENVIRONMENTAL QUALITY STANDARDS In order to select the most stringent standards applicable, a mix of local (NEQS) and international (IFC/WHO, USEPA) guidelines and standards have been selected. The Table 1 presents IFC workplace noise standards that are applicable to the construction workers. It should also be noted that IFC EHS guidelines advise that where existing ambient noise levels already exceed thresholds, the proposed subproject should not result in an increase of more than 3 dB (A) over existing ambient noise at the nearest receptor location off-site. Table 1: IFC Work Environment Noise limits IFC General EHS Sr. No. Type of Work, workplace Guidelines 1 Heavy Industry (no demand for oral 85 Equivalent level Leq,8h communication) 2 Light industry (decreasing demand for oral 50-65 Equivalent level communication) Leq,8h A comparison of applicable local and international guidelines for ambient air quality has been provided in Table 2 below. In the case of CO, NO2 and suspended particulates pollutants, the NEQS standards for ambient air quality are more stringent in comparison to USEPA and WHO/IFC standards, however, for SO2, PM10 and PM2.5 WHO/IFC standards are more stringent. The applicable and most stringent parameters for each respective pollutant are highlighted in blue. Table 2: Comparison of International and local Air Quality Standards USEPA WHO/IFC NEQS Sr. Pollutants Avg. Avg. Avg. No. Standard Standard Standard Time Time Time Annual 3 hrs 0.5 ppm 24 hr 40 ug/m3 80 ug/m3 1 SO2 Mean 1 hr 75 ppb 120 ug/m3 24 hrs 8 hrs 9 ppm 8 hrs 5 mg/m3 2 CO (11 - - mg/m3) 1 hr 10 mg/m3 1 hr 34 USEPA WHO/IFC NEQS Sr. Pollutants Avg. Avg. Avg. No. Standard Standard Standard Time Time Time 35 ppm 79 (43 mg/m3) Annual 100 ug/m3 40 ug/m3 Annual 40 ug/m3 1 year 3 NO2 Mean (53 ppb) Mean 200 80 ug/m3 1 hr 1 hr 100 ppb ug/m3 24 hrs 8 hrs. 100 0.07ppm daily ug/m3 4 O3 8 hrs (148 maximum 1 hr 130 ug/m3 ug/m3) Annual Suspended 360 ug/m3 5 - - - - Mean Particulate 500 ug/m3 24 hrs Annual 120 ug/m3 1 yr 20 ug/m3 6 PM10 24 hrs 150 ug/m3 Mean 150 ug/m3 24 hr 45 ug/m3 24 hrs Annual Annual 15 ug/m3 15 ug/m 3 1 yr 5 ug/m 3 Average 7 PM2.5 Mean 35 ug/m3 35 ug/m3 24 hr 15 ug/m3 24 hrs 24 hrs 15 ug/m3 1 hr * In instances where the airshed is significantly degraded and the pollutant levels are already exceeding the ambient pollutant concentrations provided in the table above, it shall be ensured that the project activities cause as small an increase in pollution levels as feasible, and amounts to a fraction of the applicable short term and annual average air quality guidelines or standards as established in the project specific environmental assessment. The comparison of noise standards provided in Table 3 clearly shows that NEQS standards for noise are more stringent in comparison to the WHO/IFC standards for residential and commercial areas. The only exception is the daytime noise level standard for Industrial areas where the WHO/IFC standard is more stringent i.e. 70 dB(A) in comparison to NEQS i.e. 75 dB(A) and so for this particular parameter, the WHO/IFC standard will be used. 79 https://www.ifc.org/wps/wcm/connect/4e01e089-ad1a-4986-b955-e19e1f305ff0/1- 1%2BAir%2BEmissions%2Band%2BAmbient%2BAir%2BQuality.pdf?MOD=AJPERES&CVID=ls0KF2J 35 Table 9: Comparison of International and Local Noise Standards Limit in dB(A) Leq NEQS WHO/IFC Sr. Night Category of Area/Zone Day Time Day Time No. Time Night Time 06:00 – 07:00 – 22:00- 22:00-07:00 22:00 22:00 06:00 1 Residential area (A) 55 45 55 45 2 Commercial area (B) 65 55 70 70 3 Industrial area (C) 75 65 70 70 4 Silence zone (D) 50 45 55 45 The comparison of drinking water quality standards provided in Table 4 Table 4: Comparison of National and International Drinking Water Standards Sr. Parameter Units NEQS WHO Standards No. Temperature (During 1 OC NS NS Sample Collection) 2 Color Pt-Co ≤15TCU ≤15TCU 3 pH pH unit 6.5-8.5 6.5-8.5 4 Turbidity NTU <5 <5 5 Total, Hardness mg/L <500.00 NS Total Dissolved Solid <1000.00 <1000.00 6 mg/L (TDS) Total Suspended Solid 7 mg/L NS NS (TSS) 8 Ammonia mg/L NS NS 9 Fluoride F- mg/L ≤1.50 1.50 10 Sulfate (SO4-2) mg/L NS NS 11 Chloride(Cl-) mg/L <250.00 250 12 Nitrate (NO3)- mg/L ≤50.00 50.00 36 Sr. Parameter Units NEQS WHO Standards No. Non Objectionable Non Objectionable / 13 Odor - / Acceptable Acceptable Non Objectionable Non Objectionable / 14 Taste - / Acceptable Acceptable 15 Sodium mg/L NS NS 16 Iodine ppm NS NS 17 Arsenic (As) mg/L ≤ 0.05 0.01 18 Iron (Fe 3+) mg/L NS NS 19 Zinc (Zn 2+) mg/L 5.0 3.0 20 Conductivity µS/cm NS NS 21 Bicarbonate mg/L NS NS 22 Nitrite mg/L ≤3 3 23 Magnesium mg/L NS NS 24 Calcium as Ca mg/L NS NS 25 Phosphate mg/L NS NS 26 Potassium mg/L NS NS 27 Boron mg/L <0.3 0.3 28 SAR Iodine (I) mg/L NS NS 29 Aluminum mg/L ≤ 0.2 0.2 30 Antimony mg/L ≤0.005 0.02 31 Cadmium mg/L 0.01 0.003 32 Mercury mg/L ≤0.001 0.001 33 Nickel mg/L ≤0.02 0.02 34 Selenium mg/L 0.01 0.01 35 Barium mg/L 0.7 0.7 36 Total Chromium mg/L ≤0.05 0.05 37 Copper mg/L 2 2 38 Lead mg/L ≤0.05 0.01 39 Cyanide (CN) mg/L ≤0.05 0.07 Manganese mg/L <0.5 0.5 40 Total Coliforms cfu/100ml 0/100 ml 0/100 ml 37 Sr. Parameter Units NEQS WHO Standards No. 41 Fecal Coli forms (E.Coli) cfu/ml 0/100 ml 0/100 ml NS = Not Specified NEQS for ambient air quality, noise and water are more stringent in comparison to USEPA and WHO/IFC standards and guidelines except for few parameters of ambient air quality, noise, water which has been considered for these proposed subprojects. Based on the above comparison, only stringent values from the national and international standards shall be applicable for the proposed subprojects. As far as regulations regarding other environmental parameters are concerned such as acceptable effluent disposal parameters, the local regulations i.e. NEQS are more stringent and would be preferred over any other international regulations. Moreover, in Pakistan, there are no standards for surface water (used for irrigation), therefore, Food and Agriculture Organization (FAO) standards will be followed. 38 • GUIDELINES FOR EMERGENCY RESPONSE PLAN General An Emergency Response Plan (ERP) is a documented series of steps which Workers / Contractors will take during an emergency to ensure workers’ safety and minimize the impacts on the proposed subprojects activities. The purpose of this ERP is to provide measures and guidance for the establishment and implementation of ERP for the proposed subprojects. Objectives Following are the core objectives of the ERP: • Prevent fatalities and injuries; • Reduce damage to project structures, stock, and equipment; • Protect the environment and the community; and • Accelerate the resumption of normal operations. Scope of ERP The ERP will be applied to propose subproject activities following are some emergencies that may require emergency response. • Occupational/ Construction accidents (including injuries due to fall, slip, construction machinery / instruments or structure collapse or loss of life, etc.); • Community accidents; • Road & Traffic Accident • Hazardous material spills; • Natural disasters e.g. flooding, earthquake80, etc.; • Dengue; • Structure collapse or failure; • Trauma or serious illness; • Sabotage; • Environmental Pollution; • Loss of person • COVID-19 pandemic; and • Fire. PURPOSE The purpose of this Emergency Response Procedure is to provide measures and guidance for the establishment and implementation of emergency preparedness plans for the project. The aim of the Emergency Response Procedure is to: • Ensure all personnel and visitors to the office/job sites are given the maximum protection from unforeseen events. • Ensure all personnel are aware of the importance of this procedure to protection of life and property. 80 In case of natural disaster, guidelines under the updated/latest Provincial Disaster Response Plan may be followed (where applicable). 39 Emergency Response Team In case of any emergency, the Workers / Contractor along with their field staff will act as emergency response team. The Workers / Contractor will also designate a coordinator and other team members in consent and approval of concerned Officers. The coordinator will coordinate with site staff, RESCUE service, Police-15 (if needed) and make an official statement (when needed). First Aid Persons Upon advice of medical emergency, the coordinator will make immediate assessment to response required and if necessary, advice call to ambulance or medical assistance, the qualified first aid attendant should also: • Provide treatment to the victim(s) to the best of his/her ability; • Ensure the safety of victims by ceasing any work activity in the area; • Protect the injured from further danger and weather; and • Assist medical services personnel when they arrive. First Aid Facilities • First Aid Facility/ kits will be provided at work sites at strategic locations for the entire duration of subproject (s); • First aid boxes location will be clearly marked with a signage in local language at working sites along with the contact details of first aiders; • Workers will also be informed about the location of first aid box and who is first aider; • To be precise, one first aid box will be provided for each subproject or as per the requirement considering the ratio of 50 workers/ first aid box; and • Contractor HSE staff will regularly inspect the first aid boxes to check the presence of required items and in sufficient number. The missing items will be replenished if found deficient during inspection. First Aid kit will be comprised of the below mentioned first aid items but may not limited to only these: First Aid Kit Contents Pyodine solution, Hand Gloves, Gauze Pad, Scissors, Forceps, Thermometer, Saniplast (First Aid Bandage), Vintogeno Balm, Polyfax skin ointment, Cotton Bandage, Crepe Bandage, Paper Tape, Eye Drops and Pain Killer. Procedure Emergency situation and injuries to person can occur at any time or place either on proposed subproject sites or elsewhere. The most anticipated types of emergencies on subproject sites are fire and serious accidents (occupational / community) that’s why procedures to cope with them are provided hereunder. Figure M1: Emergency Procedures for Fire 40 Figure M2: Emergency Procedures for Serious Accidents Apart from above mentioned emergencies, ERP should also be prepared in accordance with that follow the Centers for Disease Control and Prevention (CDC), OSHA, state/territorial, and local guidelines for preventing the spread of COVID-19 infection. Incident and Accident Report In case of an incident and accident, report needs to be generated. The tentative format is provided blow (revised based on site specific activities when the project footprints are finalized). Initial Accident Notification Report Date: Site: Time: Department: 41 Incident Classification: Location: Operator’s Name Occupation: Supervisor’s Name Please Earthworks Civil Transport Mechanical Electrical Other tick: PHOTO Description of the Incident Preliminary Root Causes: Yes No If “YES� describe: Immediate Corrective Situations Risk As Completed? & Preventive Measures Hazard Identified? Risks and precautions communicated? Adequate and competent Supervision? Investigated by: HSE Representative Signature (Contractor) Name: Date Assistance from Nearby Local Hospital If the patient condition/ injury would be serious and need to be examined by the specialist, the affected would be taken to the nearby hospital. Emergency Trainings The HSE personnel of Contractor, with the support and consent of GoKP will ensure that appropriate training is carried out for all subprojects personnel. Entire emergency plan will be tested, reviewed and developed through periodic exercises to ensure that data is accurate, trigger mechanisms and levels are reasonable, communications are effective, hazard warnings are effective and sufficient, and response procedures are proportional to the hazard posed and are efficient and effective. Incident Management Training 42 The designated staff of the Contractor will review the emergency preparedness plan and be aware of the actions required if trigger events are met. Staff will be fully involved in any exercises so that their roles and responsibilities are clear. Staff will be provided with feedback on their performance and will be re-trained as appropriate. Classification of Emergency Response According to the type, severity, controllability and influence of the incident, the emergency response is classified as three levels: • Level 1 • Level 2 • Level 3 Level 1: This is an emergency or an incident which: • Can be effectively and safely managed, and contained within the project site by the available resources; • Has no impact outside the project site. Level 2: This is an emergency or an incident which: • Cannot be effectively and safely managed or contained at the project site and additional support is alerted or required. • Is having the potential to have an effect beyond the project site and where external support of mutual aid partner may be involved; • Is likely to be danger to life, environment or to assets or reputation. Level 3: This is an emergency or an incident with: • Off-site impact which could be catastrophic and is likely to affect the population, property and environment inside and outside the project site, and management and control is done by district administration. • Although the Level-III emergency falls under the purview of District Authority but till they step in, it should be responsibility of the Contractor to manage the emergency. Suggested Contents of Site-Specific ERP The Contractor should prepare the site-specific ERP based on the guidelines provided in the above sections. The site-specific ERP should have names and contact details of the emergency response team as well. The suggested structure of the ERP, but not limited to, is listed below: 1. Purpose 2. Applicable Scope 4. Emergency Response System along with Responsibilities 5. Major Safety Risks 6. Precautionary Measures 6.1 Training and Exercise 6.2 Hazard Source Monitor 6.3 Alert Action 6.4 Management Measures 7. Control Measures 7.1 Response 7.2 Response Procedures 7.3 Emergency Response 7.4 Emergency Completion and Restoration 43 8 Emergency Response Report and Settlement 9 Supporting Measures 9.1 Communication 9.2 Emergency Team 9.4 Provisions and Resources 10. Reporting and Records 11. Revision 12. First Aid Facilities and Medical Facilities 44 • TREE PLANTATION PLAN The basic purpose of afforestation/plantation of suitable species in the proposed subprojects areas is to reduce the risk been made due to the proposed subprojects and to enhance green cover and improve the overall environment of the area. Afforestation will not only reduce the risk been made but will also increase the carrying capacity of the areas regarding many positive aspects. During finalization of design, due consideration shall be given to minimize the loss of existing tree cover. Tree felling, if unavoidable, shall be done only with the compensatory plantation of at least three saplings for every tree cut. Plantation will be done during the construction work. Plantation of indigenous trees species is highly important to maintain the biodiversity and ecological balance. The maintenance of trees and watering (during the initial period of three to four years) shall be the responsibility of line departments involved. It is also important to prevent global warming, soil erosion and pollution. Afforestation purifies the environment and helps in reducing the carbon dioxide level. Importance of Tree Plantation • Trees contribute to their environment by providing oxygen, improving air quality, climate amelioration, conserving water, preserving soil, and supporting wildlife; • Trees control climate by moderating the effects of the sun, rain and wind. Leaves absorb and filter the sun’s radiant energy, keeping things cool in summer; • Trees also preserve warmth by providing a screen from harsh wind; • Trees also lower the air temperature and reduce the heat intensity of the greenhouse effect by maintaining low levels of carbon dioxide; • Both above and below ground, trees are essential to the eco-systems in which they reside; • Trees absorb and store rainwater which reduce runoff and sediment deposit after storms. This helps the ground water supply recharge, prevents the transport of chemicals into streams and prevents flooding; and • Trees, shrubs and turf also filter air by removing dust and absorbing other pollutants like carbon monoxide, sulfur dioxide and nitrogen dioxide. Objectives • To restore native species; • To improve the quality of air and reduce its pollution; • To add color to the landscape and enhances the beauty of the environment; • To uplift the quality of our living environment through active planting, proper maintenance and preservation of trees together with other vegetation; • To protect and conserve flora and fauna of the proposed subproject areas; • To attract rain which is a positive impact on the proposed subproject areas at all; and 45 • To reduce sedimentation by plantation in the proposed subproject areas which will act as protection wall against wind born dust particles. a) Recommended Species It is recommended to plant indigenous species (in consultation with relevant department for particular region) in the concerned district to lower the adverse environmental impacts associated with the tree affected/removed trees. b) Plantation Technique Plantation of different suitable species is to be carried out in the immediate vicinity of the proposed subproject areas. The proposed subproject areas can be afforested and vegetation cover can be improved by adopting standard afforestation technique of digging pits. The proposed subproject areas are suitable for plantation activities and can be managed thoroughly with care. Planting shall be undertaken immediately after rainy season or initial weeks of spring. c) Tree Cutting at Subproject Areas The subprojects proposed under KPRIISP may involve destruction of vegetation cover while clearing of land for the subprojects. It is initially estimated that approximately 2,000 of trees / saplings including fruit trees (if any) may be affected It is recommended to plant ten (10) trees against each fallen tree of similar floral function. Therefore, 20,000 (2,000*10=20,000) trees are recommended to be planted at the available spaces in/around the subproject areas. d) Tree Marking and Inventory Trees that will need to be cut from the base, for that following inventory shall be maintained. • Reference No.; • Ownership; • Location; • Specie; • Girth; • Height; and • Photographs. e) Costing 46 Tentative cost for purchasing one plant81 = 2,000 PKR Total plants need to be purchased = 20,000 numbers Total cost of purchasing plants = 20,000 x 2,000 Total Cost = 40,000,000 PKR (40 Million) The above calculations and standards are approximate and tentative provided on the basis of available data which may be updated by the implementing agency as per actual, during implementation 81 Estimated cost for a single tree, as per discussion with Forest Department 47 • PHYSICAL CULTURAL RESOURCES MANAGEMENT FRAMEWORK Due to the potential presence of physical and cultural resources in and around the proposed project areas, a standalone Physical & Cultural Resource Management Framework (PCRMF) has been prepared in accordance with ESS8. Physical Cultural Resources will be managed under Khyber Pakhtunkhwa Antiquities (Amendment) Act, 2020, Cultural Policy of KP, ESS8 and Pak- EPA Guidelines for Sensitive and Critical Areas 1997 The anticipated direct impacts on physical cultural resources include impact upon sub-surface archaeology; effect of the works on any historic buildings or landscapes and visual impact on the property and its surrounding landscape. Indirect impacts include local cultural deterioration; resource use conflicts and loss of local identity and values. It is the responsibility of the implementing agency to protect and safeguard the physical cultural resources by adopting proper heritage site management practices. The implementing agency will ensure that construction contractors prepare a Physical and Cultural Resource Management Plan before the commencement of construction works in/around the heritage sites. The significance of cultural heritage in a project area shall be evaluated and then potential impacts of the project, including the extent and economic costs of any damage will be assessed. The following mitigation measures should be adopted to avoid the impacts on physical cultural resources: • The most important single strategy for heritage protection is site avoidance: redirecting activities so that they do not endanger a site; • If the site cannot be avoided, the assessment should consider design and construction alternatives for the project facilities as well as alternative methods and approaches for protection and mitigation; • The alternatives should be ranked according to effectiveness, cost, difficulty, length of time required, and monitoring needs. Decisions should be made by weighing these rankings against the cultural significance and economic value of the site; furthermore • Alternative and mitigation measures should be considered in Project Site-Specific ESMP The proposed subprojects may involve excavation. Therefore, the possibility of chance find is not ignorable. In case of any chance find, the Contractor will immediately report to Design and Supervision Consultant (DSC). The DSC will immediately report to Directorate General of Archaeology & Museum, Government of KP/ District office with the consent/approval of Project Directorate to take further suitable action to preserve those antique or sensitive remains. Representative of the DG (Archaeology & Museum) will visit the site and observe the significance of the antique, artifact and cultural (religious) properties and significance of the project. The report will be prepared by representative and will be given to the DG (Archaeology & Museum). The documentation will be completed and if required suitable action will be taken to preserve those antiques and sensitive remains. In case any artifact, antiques and sensitive remains are discovered, chance find procedures should be adopted by Contractor or workers as follows: 48 • Workers will be trained in the location of heritage zones within the construction area and in the identification of potential items of heritage significance; • Stop the construction activities in the areas of chance find; • Delineate the discovered site or area; • Consult with the local community and provincial Archaeological Department; • The suggestion of the local communities and the concerned authorities will be suitably incorporated during taking the preventive measures to conserve the antique, artifact and cultural (religious) properties; • Secure the site to prevent any damage or loss of removable objects. In case of removable antiquities or sensitive remain, a night guard shall be arranged until the responsible local authorities take over; and • After stopping work, the Contractor or workers must immediately report the discovery to the DSC. The contact address of Directorate Archaeology and Museums, Government of Khyber Pakhtunkhwa, is given below: Directorate of Archaeology and Museums, Government of Khyber Pakhtunkhwa. Jail Road, Finance Department, Civil Secretariat, Peshawar. Tel: (091) 9211194 49 • TRAFFIC MANAGEMENT PLAN Need for Plan During the construction period of the proposed subprojects, considerable vehicular movement carrying construction material is expected. This may interrupt the local traffic and is therefore important to manage the traffic to avoid the nuisance to local residents in terms of noise, dust, congestion and inconvenience. The Plan The objective of Traffic Management Plan (TMP) is to define the requirements that should be implemented to mitigate any potential negative risks to the environment, workers or the community resulting from construction traffic. The TMP will advise and inform Contractors or Workers and external suppliers of equipment and materials of access and entry points along with other key information such tipping areas and wash-out areas. The TMP will be classed as “live� and therefore be subjected to updates as required. The Contractors or Workers, at the time of the execution of the proposed subprojects, will prepare a comprehensive TMP in coordination with local traffic police department (where required), Client, emergency services and local administrative department with the support and consent of Environmental and Social Safeguards Cell (ESSC) / District Environmental and Social Coordinators (DESCs). The Client and Project Implementation Supervision Consultant (PISC) will review and approve the Contractors or Workers TMP. The plan will be developed in such a way that it will comply with the provisions of the ESMF and requirements of World Bank General EHS Guidelines, 2007. The Contractors or Workers TMP shall include following mitigation measures during its preparation: • Undertake a road conditions assessment prior to and following the peak construction period, to assess any damage to road infrastructure that can be attributed to KPRIISP Project development; • Repair damage as appropriate or enter into a voluntary agreement with the relevant roads authority to reimburse the cost of any repairs required to the public road network as a result of the proposed KPRIISP Project; • Spoil dumpsites located close to subproject sites to minimize journey distance and limit movements to site access roads; • Construction of worker accommodation on site (if needed) to reduce light vehicle movements relating to travel to/ from the site; • Schedule deliveries and road movements to avoid peak periods; • Speed restrictions for project traffic travelling through communities; • Run a safety campaign to improve the people’s knowledge of the traffic hazard on their roads, public information and other activities to address the issues; • Run a pedestrian awareness program; and • Temporary signage. Other Recommendations It is important to manage public access routes during construction because it can cause delay to local traffic and create a safety hazard both on and offsite. People working and living near the construction sites would be annoyed by the emissions, noise and visual intrusion of queuing vehicles. Some important factors involved in access routes and site traffic are as follows: Public Access Routes 50 The use of public road for site access may be restricted in terms of: • Vehicle size, width and type of load; • Time limits; • Parking; and • Pedestrian conflicts. Site Workers Traffic Site personnel should not be permitted to park vehicles right on the road; this will lead to disruption in material deliveries. Designated parking areas with appropriate parking space will be needed for this purpose; any plain area near construction site can be used for this purpose. Site Rules • The need for vehicles to reverse will be avoided where possible as reversing is a major cause of accidents. One-way systems will be preferred as far as reasonably practicable to reduce the risk, especially in storage areas and at construction sites and near public settlements; • Access to and from the site must be only via the specified entrance; • On leaving the site, vehicles must be directed to follow the directions given; • Drivers must adhere to the site speed limits (20 km/h is recommended); • Drivers will be educated to observe the on-site speed limit and consider the safety of the workers in the surrounding while driving through the area. • All material deliveries to site must keep allocated time limits; • No material or rubbish should be left in the loading-unloading area; • Develop a map for alternate routes showing material delivery services; • Assign designated personnel, by Contractor on site to receive deliveries and to direct the vehicles; • Ensure periodic inspection of vehicles, if required; • Monitor vehicle movement to reduce the likelihood of queuing or causing congestion in and around the subproject areas; and • Project vehicles should have a unanimous badge or logo on windscreen displaying that they belong to the proposed project, if required. Driver Competency The Contractor, in coordination with the service providers, shall ensure that the drivers/operators are competent and meet the following. • All drivers shall have valid driving license for the respective category; • All drivers/operators must be mentally sound and medically fit; • Preference shall be given to the drivers/operators who have prior experience in similar arrangement; and • The drivers and operators shall be carefully assessed considering their respective category of operation. Driver’s Induction and Training 51 • Contractor, in coordination with the service providers (construction materials,etc.), will ensure the provision of training to the drivers on the principles of the defensive driving techniques; • Periodic HSE briefings, meetings and refresher training shall be conducted for drivers as • and when required; and • HSE induction shall be provided to drivers before they are deputed at site. Loading Unloading Management Contractor will ensure that service providers are adopting best possible practices to eliminate or control the risks arising during loading/unloading of materials/ luggage especially fragile objects. Traffic Violation/Offence Disciplinary action will be taken against violations of traffic rules and regulations. The action will be subject to the nature of violation that may result in various consequences such as verbal, written warning and in some cases termination as well. Contractors or Workers Obligation The TMP of the Contractors or Workers should be safe enough and widening of any access roads and construction of the detours (if required) must be completed prior to start of proposed project construction activities so that vehicular transportation for construction activities do not hinder the normal course of traffic lanes. The Contractors or Workers obligation must include the display of traffic signs according to the need to divert the traffic and to guide the road users in advance (where applicable). The traffic sign, traffic light should be placed from any diverting route or road marking. The Contractors or Workers should consider the environmental and social impacts of the traffic during construction. It will be sole responsibility of the Contractors or Workers to implement a plan which produces minimum nuisance to the local people and to the environment. Safety of the people should be given due importance. It will be under Contractors or Workers obligation to notify the TMP and its later changes to Client, emergency services and Traffic Police, and also publish weekly program in the local newspaper (where applicable, as per advice of Environmental Specialist). 52 • ENVIRONMENT & SOCIAL SCREENING CHECKLIST Subproject Details Name of subproject ID of subproject Proposing agency Subproject location Subproject description Estimated cost Proposed date of commencement of civil work Status of review of technical drawings and specifications Screening Question Yes No Remarks Physical Environment Will the subproject pose the risk of clearance of vegetation (due to construction activities under subprojects, or related activities such as labor camp, storage site construction) that may result in an increase in level of suspended solids washing into nearby water bodies? Will the subproject pose a risk of contaminating drinking water sources due to construction activities? Will the subproject deplete groundwater as a result of water used during construction activities under subprojects? Will the subproject result in an increase in ambient air pollution, including chemical and particulate matter due to construction and operation of related machinery? Will the subproject result in an increase in ambient noise levels and vibrations due to operation of construction machinery/vehicles? Will these ambient noise levels be beyond the specifications in the NEQS? Will the proposed subproject interventions be implemented in an area with high landslide risk? Will the proposed subproject interventions lead to increased soil erosion? Will the proposed subproject interventions result in the generation of hazardous and/or non-hazardous waste? Will the proposed subproject result in potential increased health risks for project workers and communities (e.g. COVID-19)? Is the proposed subproject being implemented in an area with high natural hazard risk? (e.g. floods, earthquakes, landslides) Ecological Environment 53 Will the proposed subproject interventions potentially cause any adverse impacts to habitats, ecosystems, and/or ecosystem services? Will any subprojects be located in areas that would promote the conversion of natural habitats? Will any subprojects be located on or near sensitive environmental areas, including parks and protected areas? Are the subproject activities likely to pose risks to any endangered species? Are the subprojects likely to impact the paths of known migratory routes of wildlife? Social Environment Will the proposed subproject involve land acquisition or involuntary resettlement? If there is any land requirement, has it been verified that the land being acquired is free from any dispute on ownership or any other encumbrances. Has it been ensured that the land is not being acquired through force or coercion? Are there any forced labor or child labor risks associated with contractors or other third-parties involved in implementing this subproject? Is labor influx expected during the implementation of the subproject? Please estimate strength of anticipated outside labor force. Will local labor be used for the subproject activities? Please estimate the strength of anticipated local labor force. Will there be any temporary or permanent physical or economic displacement as a result of the subproject activities? Are the proposed subproject interventions likely to have impacts on important religious/cultural heritage sites? Have there been any past security related issues at the subproject site? Has stakeholder engagement taken place in the proposed subproject area? Were vulnerable and indigenous groups involved in stakeholder consultations? (e.g. women, minorities, economically disadvantaged individuals, etc.) RISK CLASSIFICATION Step Recommendations/Findings Risk category identification Recommendation on type of E&S instruments required Recommendations to design engineer Summary of screening findings Name of person conducting screening 54 Name of person endorsing screening findings 55 • GENERIC TORS FOR THE PREPARATION OF ESMP Scope of the Work The Project Management Unit (PMU) will engage a team of consultants to prepare the Environmental and Social Management Plan (ESMPs) for moderate-risk subprojects identified under Environmental and Social Management Framework (ESMF) of KPRIISP Project, in order to ensure that the activities carried out under the proposed KPRIISP Project are (i) environmentally sound and sustainable in the long run; and (ii) consistent with the environmental safeguard guidelines, rules and regulations of the Government of Pakistan (only those which are applicable) and Khyber Pakhtunkhwa, as well as those of the World Bank’s Environmental and Social Framework (ESF). The Consultants will carry out the tasks including, but not limited to the following: • Review available / secondary environmental data, baseline studies, and results of screening checklists; Carry out detailed survey and investigations for collection of adequate primary baseline data; • Collect primary data on the biophysical environment of the project area; • Collect primary data on the socioeconomic conditions of the local communities; • Work with the PMU and its consultants in carrying out an alternative analysis of the proposed subproject locations and designs (if required); • Assess all potential environmental direct and indirect impacts of the subprojects during planning and design / pre-construction, implementation / construction and completion / operation phases in the project area of influence; • Provide an independent opinion on approach and adequacy to integrate appropriate environmental management measures with related costs into the detailed design, specifications and project contract documents; • Undertake public consultation and disclose the outcome of the environmental and social assessment; • Provide support and advice to PMU in all matters relating to the environmental aspects of the project; and • Any additional work required to achieve the objective of the assignment. • All the required ESMPs will be subject to the Bank’s review and approval. Proposed ESMP Structure An ESMP consists of the set of mitigation, monitoring, and institutional measures to be taken during implementation and operation of a project to eliminate adverse environmental and social risks and impacts, offset them, or reduce them to acceptable levels. The ESMP also includes the measures and actions needed to implement these measures. The Borrower will (a) identify the set of responses to potentially adverse impacts; (b) determine requirements for ensuring that those responses are made effectively and in a timely manner; and (c) describe the means for meeting those requirements. The content of the ESMP will include, but not limited to the following: 56 • Introduction, including background, a brief description of the Project. • Legal and policy framework, an overview of the relevant legal and policy framework. • A simplified description of the proposed subprojects, including its layout and location, resource requirements, wastes to be generated, manpower requirement, a brief description of construction activities, and a brief description of operation and maintenance activities. • Baseline description, primarily describing the proposed site and its immediate surrounding aided with maps, photographs and schematics, key environmental and social aspects/resources of the surroundings such as land form and land use, land ownership, water resources, settlements, any critical habitat or protected area, any cultural heritage sites or graveyards, any sensitive receptor such as schools and hospitals, access routes, and other relevant details. • Stakeholder consultations, recording the key concerns and suggestions of the community regarding the proposed subprojects and its potential impacts, and a description of the way these concerns will be addressed. • Impact assessment: The anticipated impacts are identified and summarized along with their significance. • Mitigation plans, listing all the impacts, their mitigation measures, assigning responsibility of implementing these measures, and also assigning responsibility for monitoring. Also identifying cumulative impacts if applicable. • Monitoring plan, describing the monitoring requirements, frequency, and responsibility of conducting the monitoring. • Capacity development and training plan, describing the training requirements, contents, frequency, training recipients, and responsibility of conducting the desired trainings. • Documentation and reporting, describing the requirement, frequency, and responsibility of documentation and reporting. • Grievances redress mechanism (GRM), a mechanism to define roles and responsibilities of the persons responsible to address the grievances of the affectees. • ESMP implementation budget, providing the cost estimate of its implementation. Duration of Assignment The duration of the assignment for the preparation of each ESMP is approximately two (02)82 months. The overall duration of the consultancy services depends on the number of subprojects for which ESMPs need to be carried out. Staff and Qualifications The key staff and their qualification requirements for the preparation of ESMPs are given in the following Table 1. 82 This is a tentative duration, however, it will be finalized by Environmental and Social Safeguards Specialists of PMU upon finalization of project footprints and scope of subproject (s) activities. 57 Table 1: Staff and Qualification Requirements Sr. Key Staff Qualifications No. 1 Environmental The consultant should have a Master’s degree in Environmental Safeguard Sciences / Engineering. He/she shall have at least seven (07) years of Specialist relevant work experience in the preparation of EIA/IEE/ESIA/ESMP of funded projects. 2 Social Safeguard The consultant should have a Master’s degree in Social Sciences / Specialist Social Development or similar fields. He/she shall have at least seven (07) years of relevant work experience in social impact assessment and mitigation, gender assessment, as well as in resettlement planning of funded projects. 58 • SAMPLE TERMS OF REFERENCE OF E&S SPECIALISTS ENVIRONMENT SPECIALIST Detailed Tasks and/or Expected Output • Dealing with the environmental aspects of the ESMF and implementation of its procedures and processes during the course of project. • Update in Implementation of Environmental aspects of the project. • Implementation of all environment aspects including environmental screening and filling the screening checklists for each subproject to be undertaken under the project. • Supervising and supporting Implementing Agency (IA) in achieving their responsibilities as outlined in the ESMF/ESMP and subsequent Checklists; • Ensure the implementation of the mitigation measures suggested in ESMF/ESMPs and suggest any additional mitigation measures if required. • Ensure any grievances about environmental risks and impacts are efficiently and effectively addressed and resolved. • Inform World Bank project team and PMU on environmental non-compliance issues. • In case of non-compliances, develop and implement, in coordination with the Implementing Agency, an appropriate action plans to rectify unsatisfactory compliance. • Carrying out frequent field visits and conduct monitoring for effective ESMF implementation. • Identifying and assist in preparing environmental induction and training / workshop materials. • Conduct/manage ESMF trainings for the IA. • Responding to environmental incidents as required. • Preparing progress reports for submission to World Bank and other stakeholders. • Provide technical support to implementing IAs in the development of site specific ESMPs (where required). • Coordinate with implementing agencies IAs for onsite implementation. • Organize and conduct the trainings on ESMF/ESMP compliances as proposed in mitigation plan. • Prepare progress reports as per ESMF/ESMP and submit to the World Bank. • Ensure the Health Safety and Environment (HSE) compliance at project sites. • Coordinate and conduct Environmental Field Monitoring visits of Project Areas. • Review and revision of documents and ensuring timely delivery of outputs as agreed with the World Bank. • As and when required contribute to the ongoing activities of the Environment and Social Management Unit of PMU. • Coordinate and facilitate third-party audits. • Conduct consultations with stakeholders including project affected persons to obtain their views on implementation of environmental issues and mitigation measures. • Attend to comments/ suggestions made by World Bank project team, PMU and concerned Environment department. • Provide any other additional support as requested by the PMU to ensure compliance with national/provincial regulatory requirements and World Bank ESSs. • Perform any other tasks / assignment that may be assigned by Project Director or World Bank project team REQUIRED QUALIFICATION AND EXPERIENCE: Masters in Environmental Sciences/Environmental Engineering from a HEC recognized university; More than 7 years of relevant experience in dealing with environment management and implementation in environmental health related projects preferably in WB funded projects; have sound knowledge of local laws/policies on environmental management , ESSs of WB and their compliance in field including ESMF /ESMP procedures and processes; monitoring and compliance of environmental mitigation measures and OHS practices during projects execution and implementation. SENIOR SOCIAL SPECIALIST Detailed Tasks and/or Expected Output • Dealing with the social aspects of the ESMF / ESMP and implementation of its procedures • Update in Implementation of social aspects of the project. • Implementation of all social aspects including social screening and filling the screening checklists for each subproject to be undertaken under the project. • Supervising and supporting Implementing Agency (IA) in achieving their responsibilities as outlined in the ESMF/ESMP and subsequent Checklists. • Carrying out frequent field visits and conduct monitoring for effective ESMF / ESMP implementation • Identifying and assist in preparing social induction and training/workshop materials; conduct/manage ESMF/ESMP trainings for the IA. • Closely work with Environment Specialist for the implementation of the subproject. • Prepare progress reports as per ESMF/ESMP and submit to the World Bank. • Provide technical support to implementing IA in the development of site specific ESMPs • Coordinate with implementing agencies for onsite implementation. • Organize and conduct the trainings on ESMF/ESMP compliances as proposed in mitigation plan. • Prepare final progress report of the ESMF/ESMP and submit to the World Bank. • Ensure the Health Safety and Environment (HSE) in collaboration with Env. Specialist & compliance at project sites. • Ensure the Grievance Redress Mechanism (GRM) prepared as a part of the ESMF/ESMPs is implemented in its entirety and is fully functional and any grievances are efficiently and effectively addressed and resolved. • Coordinate and conduct Field Monitoring visits of Project Areas. • Review and revision of documents and ensuring timely delivery of outputs as agreed with the World Bank. • As and when required contribute to the ongoing activities of the Environment and Social Management Unit (ESMU). • Inform World Bank project team and PMU on social non-compliance issues. 60 • Conduct consultations with stakeholders including project affected persons to obtain their views on implementation of social issues and mitigation measures. • Attend to comments/ suggestions made by World Bank project team, PMU and concerned departments. • Provide any other additional support as requested by the PMU to ensure compliance with national/provincial regulatory requirements and World Bank ESSs. • Perform any other tasks / assignment that may be assigned by Project Director or World Bank project team REQUIRED QUALIFICATION AND EXPERIENCE Master's Degree, or equivalent, in Anthropology, Sociology, Applied Social Sciences/ from a HEC recognized university; More than 7 years of relevant experience in safeguard work or related areas dealing with social management and implementation in health related projects preferably in WB funded projects; have sound knowledge of local laws/policies on social management, ESSs of WB and their compliance in field including ESMF/ESMP procedures and processes; monitoring and compliance of social mitigation measures. GENDER SPECIALIST Detailed Tasks and/or Expected Output The Gender specialist will be responsible for monitoring the implementation of the Gender Based Violence Action Plan and for the preparation of the semi-annual monitoring reports. His/her main tasks will be: • Review or join the community consultation process in implementation, and report that outreach, participation, and communication activities are adequately carried out especially for women and vulnerable stakeholders. • Monitor and evaluate project impact to the social, poverty, and gender. • Ensure effective Implementation Gender Based Violence Action Plan. • Ensure the Grievance Redress Mechanism (GRM) prepared as a part of the ESMF/ESMPs is implemented in its entirety and is fully functional and any grievances are efficiently and effectively addressed and resolved. • Identify gaps to address gender disparities and areas of improvement. • Organize training / workshops regarding gender issues and their mitigation measures. • Prepare progress reports on Gender Based Violence Action Plan, impact studies, knowledge products and documentation of good practices. • Ensure awareness programs among participants (Adults and Children). • Coordinate and facilitate third-party audits. • Inform World Bank project team and PMU on environmental non-compliance issues. • Conduct consultations with stakeholders including project affected persons to obtain their views on implementation of gender issues and mitigation measures. • Attend to comments/ suggestions made by World Bank project team, PMU and concerned Environment department. • Provide any other additional support as requested by the PMU to ensure compliance with national/provincial regulatory requirements and World Bank ESSs. • Perform any other tasks / assignment that may be assigned by Project Director or World Bank project team 61 REQUIRED QUALIFICATION AND EXPERIENCE Master's Degree, or equivalent, in Gender, Social Sciences or another relevant field from a HEC recognized university; More than 7 years of relevant experience in related areas preferably in WB funded projects; have sound knowledge of local laws/policies, ESSs of WB and their compliance in field including ESMF/ESMP procedures and processes; monitoring and compliance of social mitigation measures. 62 • PRECAUTIONARY ACTION AGAINST THE POTENTIAL RISK OF NOVEL CORONAVIRUS INTRODUCTION On February 11, 2020 the World Health Organization announced an official name for the disease that is causing the 2019 novel coronavirus outbreak, first identified in Wuhan China. The new name of this is coronavirus disease 2019, abbreviated as COVID-19. The risk of exposure to COVID-19 is no different for employees of Employer, Engineer, Contractor, and suppliers than for the general population. Contractor, therefore, must consider the physical well-being and safety of all the persons entitled to be on the Site and follow reasonable guidelines and recommendations of Government authorities and healthcare professionals. As experience has shown in other countries, confirmed cases of COVID-19 expand exponentially if health and safety controls are left unheeded. Contractor should enforce all health and safety procedures at Site including sanitary protocols, proper hygiene, social distancing, use of personal protective equipment (PPE), toolbox talks on special COVID-19 requirements, and prompt reporting of health issues related to COVID-19. Contractors must put safeguards in place to keep workers exposed to COVID-19 away from Site for at least 14 days after the last potential exposure. WHO declared the COVID-19 as a Public Health Emergency of International Concern (PHEIC) in January 2020 and afterwards announced the COVID-19 outbreak as pandemic on 11th March 2020 due to the widespread of the disease in 114 countries at that time. WHO Director General urged the countries to take action now to stop the disease. The rapid spread of COVID-19 hits all the provinces of Pakistan Sindh, Balochistan, Punjab & Khyber Pakhtunkhwa including the Gilgit Baltistan and Azad Jammu & Kashmir. The prevailing virus creates the menacing and distressing situation when it arrived around the closed proximities of the Project Area. All the stakeholders are on board to jointly prevent/ limit/ control the spread of COVID-19. All of the staff is required to take precautionary measures as well as maintain social distances. The use of thermal guns for checking every single person body temperature, placement of relevant flyers and disinfection spray inside of all the containers are few of the measures to combat COVID-19. OBJECTIVE Following are the objectives of this report to jointly prevent / limit/ control the spread of COVID-19 at Site that can hamper the progress of proposed Project: i. To enhance understanding of the evolving COVID-19; ii. To share knowledge on COVID-19 and preparedness measures being implemented at Site; iii. To generate recommendations for adjusting COVID-19 containment and response measures; and iv. Outline the measures taken at Site. The advised measures will help all the stakeholders to plan their work continuity in response to the COVID-19. Due to the evolving situation of the COVID-19, this document should be read in conjunction with the latest relevant advisories issued by WHO and Government of Pakistan. WHAT IS CORONA VIRUS (COVID-19) The symptoms of the COVID-19 are similar to that of regular pneumonia. Typical symptoms include: • Fever; • Cough; • Difficulty in breathing; • Pneumonia; • Runny nose; • Sore throat; and • Feeling of being unwell. MODE OF SPREAD Infected person – person transmission; Infected people can spread COVID-19 through their respiratory secretions via droplets produced when an infected person coughs or sneezes, similar to how influenza and other respiratory pathogens spread. The spread from person- to person is most likely among close contacts (about 6 feet); • Infected animals’ dead or Alive; • Air by coughing and sneezing; • Close personal contact, such as touching or shaking hands; • Touching an object or surface with a virus on it; and • Touching your mouth nose or eyes before washing your hands. GENERAL STANDARDIZED PRECAUTIONARY MEASURES Following measures/recommendations are suggested as a general guidance to be followed for the protection of potential impacts of COVID-19: Since, there is no vaccine available to protect against human Coronavirus infections. Therefore, transmission can be prevented through following measures: • Cover your mouth while cough or sneeze; • Avoid close contact with people who are sick; • Avoid the use of hard soap; • Wash your hands often with liquid soap and water for at least 20 seconds; • All the employees should ensure sanitization of hands at appropriate time; • Avoid touching your eyes, nose, and mouth with unwashed hands; 64 • If you are concerned about your symptoms you should see your health care provider at site or in office; • Use of Personal Protective Equipment (PPE) according to risk (a surgical or N95 mask); • Do not spit, wrap your oral and nasal secretion with tissue and throw it in a covered dustbin; • Balance your nutrition and exercise moderately; • Sterilization / disinfection of medical devices at Site dispensaries; and • Do not touch, buy or eat wild animals (gamey). Try to avoid visiting markets that sell such animals. PROJECT SITE SPECIFIC PRECAUTIONARY MEASURES WB Guidelines for Covid-19 during Construction activities shall be followed. Measures for protecting staff and labour from exposure to, and infection with, the COVID-19 depend on the type of work being performed and exposure risk, including potential for interaction with infectious people and contamination of the work environment. Regardless of specific exposure risks, following are the main actions that have been jointly taken at Site to combat the COVID-19: a. Employer’s Side Employer should issue the notification containing the precautionary measures in the light of GoKP guidelines to be implemented at Site. Upon receiving the Employer notification all the mentioned precautionary measures will be communicated to Engineer staff for compliance. Employer technical staff is also complying with the GoKP guidelines and Contractor suggestion to control the spread of COVID-19 at Site in the best interest of the Project and country. b. Consultant’s Side Consultant’s top management will issue the orders in the light of GoKP guidelines containing the precautionary measures to control the spread of COVID-19 for the staff working at Site. Consultant staff at Site will fully complying with the orders including photographic evidence. Considering the severity of the prevailing virus Engineer devised the Standard Operating Procedure (SOP) containing precautionary action against the potential risk of novel corona virus. Besides, above Consultant will ensure the following precautionary measures at Site. • Adequate signage and information at all entrances and exits showing what is Corona Virus, how it spreads, what are the symptoms, standard precautions; • The awareness session for the Contractor staff is equally important as of Consultant staff to combat the COVID-19 at Site. The Consultant will ensuring that Contractor is arranging such session at Site from time to time to reduce the potential risk of COVID-19. Further, all the newly inducted and existing staff have been given HSE training by the Consultant & Contractor. 65 c. Contractor’s Side Contractor will communicate various precautionary measures to Employer and Engineer through letters to control the spread of COVID-19 at Site. Following are the major steps to be taken by the Contractor: • Contractor will convey the instructions and requirements of its superior unit for the prevention and control of COVID-19 epidemic at Site. • Contractor will establish a special organization for epidemic prevention and control on the Project Site that is responsible for arranging, implementing, publicizing and supervising the epidemic prevention and control measures. • Launch the plan for epidemic prevention and control on the project Site that includes: o All personnel in temporary camp are required to wear masks; o Contractor personnel incharge of Site to wear masks; o Arranged special personnel to measure and record the temperature of all personnel when entering or leaving the temporary camp; o If any person with fever, cold and other symptoms are found, they will be admonished to go home for isolation and asked about the development of the disease every day; and o Propagate and implement the epidemic prevention measures for the staffs and labours and warn them not to go outside and home as much as possible. • All these meetings should carried out through video conference. Contractor is not limited to the above precautionary measures but practicing and implementing the following; • Contractor will prepare a pamphlet for the awareness of Site staff to combat the COVID-19. It will also place/posted at strategic points at Site. • Launch awareness campaign to inform all the staff and labour about the coronavirus, to use facemask, hand hygiene, cough etiquette, and avoidance of close contact with animals and consumption of their raw products. • Everyday awareness speech in English and Urdu in the temporary camp. • All the employees are not allowed to go outside of the Project Area or on vacation to their homes and on daily basis visit to sites; • Contractor will provide medical masks and antibacterial liquid hand wash to all personnel. • Contractor will prepare the isolation facility at Site and provided three isolated rooms for such patients inside the temporary camp. Each room have three beds, oxygen cylinder, sanitizers, isolation kit, hand wash. • Thermal scanning will be carried out continuously in the morning for everybody at the main gate of temporary camp. • Record will be maintained for everyone that includes the temperature value of each person with their names, every morning and afternoon go to each department for scanning separately and noted down their name with temperature values. • Contractor carry out disinfectant spray on daily basis morning and afternoon in each office and rooms and all the area of the camp. • PMU and Consultant staff will also requested by Contractor to do not interact physically rather through electronically by emails or video conferencing. 66 RECOMMENDATIONS FOR THE CONTROL OF COVID-19 AT SITE To Avoid Transmission For all personnel at Site, it is always a good to practice the following precautionary measures: • Workers to remain at least two meters apart from each other at all times (social distancing) – i.e. spread out and reduce the number of people working together in one area of the site; • Avoid eating lunch in the form of group in available mess/canteens at Site; • Close site canteens/ food preparation and eating areas (avoid gatherings) – workers to bring their own prepared lunch to site and eat alone e.g. in their van, car, or in an open space; • Avoid in-person meetings if possible. In the case that an in-person meeting is unavoidable, make sure to have it in a well-ventilated area with sufficient space for attendees to distance themselves from one another. For meetings such as toolbox talks, consider breaking them up into smaller group meetings versus one large meeting; • Introduce enhanced cleaning procedures across the Site and touch points e.g. office equipment, plant and machinery controls, taps/toilet/washing facilities, handrails; • Stagger start times on site to avoid congestion in entrance areas; • Reduce the number of people on site inductions at any one time and hold them outdoors if possible; • Stop workers moving across various sites (potential for cross contamination); • No outsiders should be at the Project Site; • Contractor, Consultant and Employer personnel are advised to avoid travelling and in case traveling is unavoidable, prior approval from the management should be essential. In case of travelling, the above mentioned measures need to be strictly followed by the traveller; • Prompt identification and isolation of potentially infectious individuals is a critical first step in protecting workers and other Site staff. An isolated area should be available at Site to immediately isolate suspected person, as it is most important to stop its spread at Site. • Rapid Response Team should be formed and be informed immediately in case of suspect and confirmed case of COVID-19. • Medical team at Site should separate the suspected person displaying fever, cough or difficulty breathing from other personnel; and • If a person has had close contact with an individual that has confirmed COVID-19, that person will not be allowed to return to the Site until he/she has been symptom free for 14 days. • Clean and fumigate all the workplaces at Site on daily basis; • Ask people to stay at home if they have fever, cough, difficulty in breathing, runny nose, sore throat as per organizational rules; • An immediate replacement of solid soap with liquid anti-bacterial soap bottles may be appropriate. • Provision of alcohol-based hand sanitizer need to available for all staff; • Clean the religious places carpets and rugs. Have them washed in place over the weekend and then do regular cleaning; 67 • Have the cleaners/ maintenance crews regularly clean surfaces that are touched frequently by personnel with disinfectants such as in and out doors; • Fresh medical tests of staff working should be carried out at Site; • Dispose of all contaminated waste (gloves, paper, swab handles, etc.) into biohazard waste bags for disposal; • Ensure that panic is not created. In fact the posters should start with statements such as do not panic and fear the virus but know and prevent; and • Ensure proper ventilation system for all the personnel at Site. Use of Personal Protective Equipment (PPEs) • Necessary PPE should be available at Site all the times and are being issued to each personnel at Site; • Practice of using masks is also being ensured by all parties at Site (a surgical or N95 masks); • Re-usable PPE should be thoroughly cleaned after use and not shared between workers. Single use PPE should be disposed of so that it cannot be reused; Outside Visitors • Visitors should enter with strictly wearing visitors card; • Ensure sanitization of hands; • All parties should ensure that the sick persons should be wearing a surgical or N95 masks; • Note down the complete information of outsiders before entrance; • Proper screening should be carried out before entering the Site; • Refrain from handshakes. Rather than shaking hands, visitors may explain why handshakes can contribute to the risk of spread; • Attempt to maintain a general six (6) feet distance between themselves. This will be challenging to follow at all times but it is Engineer recommendation to follow; • Refrain from and/or limit touching of workplace surfaces; and In addition to these on-site procedures, it is advised to follow their respective organizational instructions related to Site visit 68 • WORLD BANK GROUP ENVIRONMENTAL, HEALTH AND SAFETY GUIDELINES Workers Occupational Health and Community Health and Safety Guidelines Workers health and safety guidelines Employers and supervisors are obliged to implement all reasonable precautions to protect the health and safety of workers. This section provides guidance and examples of reasonable precautions to implement in managing principal risks to occupational health and safety. Although the focus is placed on the operational phase of projects, much of the guidance also applies to construction and decommissioning activities. Companies should hire contractors that have the technical capability to manage the occupational health and safety issues of their employees, extending the application of the hazard management activities through formal procurement agreements. Preventive and protective measures should be introduced according to the following order of priority: • Providing appropriate personal protective equipment (PPE) in conjunction with training, use, and maintenance of the PPE. • The application of prevention and control measures to occupational hazards should be based on comprehensive job safety or job hazard analyses. General Facility Design and Operation Integrity of Workplace Structures Permanent and recurrent places of work should be designed and equipped to protect OHS: • Surfaces, structures and installations should be easy to clean and maintain, and not allow for accumulation of hazardous compounds. • Buildings should be structurally safe, provide appropriate protection against the climate, and have acceptable light and noise conditions. • Fire resistant, noise-absorbing materials should, to the extent feasible, be used for cladding on ceilings and walls. • Floors should be level, even, and non-skid. • Heavy oscillating, rotating or alternating equipment should be located in dedicated buildings or structurally isolated sections. Severe Weather and Facility Shutdown Work place structures should be designed and constructed to withstand the expected elements for the region and have an area designated for safe refuge, if appropriate. Workspace and Exit • The space provided for each worker, and in total, should be adequate for safe execution of all activities, including transport and interim storage of materials and products. • Passages to emergency exits should be unobstructed at all times. 69 • Exits should be clearly marked to be visible in total darkness. The number and capacity of emergency exits should be sufficient for safe and orderly evacuation of the greatest number of people present at any time, and there should be a minimum two exits from any work area. • Facilities also should be designed and built taking into account the needs of disabled persons. Fire Precautions The workplace should be designed to prevent the start of fires through the implementation of fire codes applicable to industrial settings. Other essential measures include: • Equipping facilities with fire detectors, alarm systems, and fire-fighting equipment. The equipment should be maintained in good working order and be readily accessible. It should be adequate for the dimensions and use of the premises, equipment installed, physical and chemical properties of substances present, and the maximum number of people present. • Provision of manual firefighting equipment that is easily accessible and simple to use • Fire and emergency alarm systems that are both audible and visible • The IFC Life and Fire Safety Guideline should apply to buildings accessible to the public. Lavatories and Showers and laundry • Adequate lavatory facilities (toilets and washing areas) should be provided for the number of people expected to work in the facility and allowances made for segregated facilities, or for indicating whether the toilet facility is “In Use� or “Vacant�. Toilet facilities should also be provided with adequate supplies of hot and cold running water, soap, and hand drying devices. • Where workers may be exposed to substances poisonous by ingestion and skin contamination may occur, facilities for showering and changing into and out of street and work clothes should be provided. • Adequate laundry facilities should be provided. Potable Water Supply • Adequate supplies of potable drinking water should be provided from a fountain with an upward jet or with a sanitary means of collecting the water for the purposes of drinking. • Water supplied to areas of food preparation or for the purpose of personal hygiene (washing or bathing) should meet drinking water quality standards Clean Eating Area Where there is potential for exposure to substances poisonous by ingestion, suitable arrangements are to be made for provision of clean eating areas where workers are not exposed to the hazardous or noxious substances Lighting Workplaces should, to the degree feasible, receive natural light and be supplemented with sufficient artificial illumination to promote workers’ safety and health, and enable safe equipment operation. Supplemental ‘task lighting’ may be required where specific visual acuity requirements should be met. Emergency lighting of adequate intensity should be installed and automatically activated upon failure of the principal artificial light source to ensure safe shut- down, evacuation, etc. Safe Access 70 • Passageways for pedestrians and vehicles within and outside buildings should be segregated and provide for easy, safe, and appropriate access • Equipment and installations requiring servicing, inspection, and/or cleaning should have unobstructed, unrestricted, and ready access • Openings should be sealed by gates or removable chains • Covers should, if feasible, be installed to protect against falling items • Measures to prevent unauthorized access to dangerous areas should be in place First Aid • The employer should ensure that qualified first-aid can be provided at all times. Appropriately equipped first-aid stations should be easily accessible throughout the place of work. • Eye-wash stations and/or emergency showers should be provided close to all workstations where immediate flushing with water is the recommended first-aid response. • Where the scale of work or the type of activity being carried out so requires, dedicated and appropriately equipped first-aid room(s) should be provided. First aid stations and rooms should be equipped with gloves, gowns, and masks for protection against direct contact with blood and other body fluids • Remote sites should have written emergency procedures in place for dealing with cases of trauma or serious illness up to the point at which patient care can be transferred to an appropriate medical facility. Air Supply • Sufficient fresh air should be supplied for indoor and confined work spaces. Air distribution systems should be designed so as not to expose workers to draughts • Mechanical ventilation systems should be maintained in good working order. Point- source exhaust systems required for maintaining a safe ambient environment should have local indicators of correct functioning. • Re-circulation of contaminated air is not acceptable. Air inlet filters should be kept clean and free of dust. Work Environment Temperature The temperature in work, rest room and other welfare facilities should, during service hours, be maintained at a level appropriate for the purpose of the facility. Communication and Training Occupational Health and Safety (OHS) Training • Provisions should be made to provide OHS orientation training to all new employees to ensure they are apprised of the basic site rules of work at / on the site and of personal protection and preventing injury to fellow employees. • Training should consist of basic hazard awareness, site-specific hazards, safe work practices, and emergency procedures for fire, evacuation, and natural disaster, as appropriate. Any site-specific hazard or color coding in use should be thoroughly reviewed as part of orientation training. New Task Employee and Contractor Training The employer should ensure that workers and contractors, prior to commencement of new assignments, have received adequate training and information enabling them to understand work hazards and to protect their health from hazardous ambient factors that may be present. The training should adequately cover: 71 • Knowledge of materials, equipment, and tools • Known hazards in the operations and how they are controlled • Potential risks to health • Precautions to prevent exposure • Hygiene requirements • Wearing and use of protective equipment and clothing • Appropriate response to operation extremes, incidents and accidents Prevention and Protection Measure Prevention and protection measures should be implemented whenever a worker is exposed to the hazard of falling more than two meters; into operating machinery; into water or other liquid; into hazardous substances; or through an opening in a work surface. Fall prevention / protection measures may also be warranted on a case-specific basis when there are risks of falling from lesser heights. Fall prevention may include: • Proper use of ladders and scaffolds by trained employees. • Use of fall prevention devices, including safety belt and lanyard travel limiting devices to prevent access to fall hazard area, or fall protection devices such as full body harnesses used in conjunction with shock absorbing lanyards. • Appropriate training in use, serviceability, and integrity of the necessary PPE • Inclusion of rescue and/or recovery plans, and equipment to respond to workers after an arrested fall. Personal Protective Equipment (PPE) Personal Protective Equipment (PPE) provides additional protection to workers exposed to workplace hazards in conjunction with other facility controls and safety systems. PPE is considered to be a last resort that is above and beyond the other facility controls and provides the worker with an extra level of personal protection. Recommended measures for use of PPE in the workplace include: • Active use of PPE if alternative technologies, work plans or procedures cannot eliminate, or sufficiently reduce, a hazard or exposure. • Identification and provision of appropriate PPE that offers adequate protection to the worker, co-workers, and occasional visitors, without incurring unnecessary inconvenience to the individual. • Proper maintenance of PPE, including cleaning when dirty and replacement when damaged or worn out. Proper use of PPE should be part of the recurrent training programs for employees Selection of PPE should be based on the hazard and risk ranking. Accidents and Diseases monitoring The employer should establish procedures and systems for reporting and recording: • Occupational accidents and diseases • Dangerous occurrences and incidents These systems should enable workers to report immediately to their immediate supervisor any situation they believe presents a serious danger to life or health. The systems and the employer should further enable and encourage workers to report to management all: • Occupational injuries and near misses • Suspected cases of occupational disease • Dangerous occurrences and incidents 72 All reported occupational accidents, occupational diseases, dangerous occurrences, and incidents together with near misses should be investigated with the assistance of a person knowledgeable/competent in occupational safety. The investigation should: • Establish what happened • Determine the cause of what happened • Identify measures necessary to prevent a recurrence Community Health and Safety This section complements the guidance provided in the preceding environmental and occupational health and safety sections, specifically addressing some aspects of project activities taking place outside of the traditional project boundaries, but nonetheless related to the project operations, as may be applicable on a project basis. These issues may arise at any stage of a project life cycle and can have an impact beyond the life of the project. Water Quality and Availability Project activities involving wastewater discharges, water extraction, diversion or impoundment should prevent adverse impacts to the quality and availability of groundwater and surface water resources. Water Quality Drinking water sources, whether public or private, should at all times be protected so that they meet or exceed applicable national acceptability standards or in their absence the current edition of WHO Guidelines for Drinking-Water Quality. Air emissions, wastewater effluents, oil and hazardous materials must not degrade soil and water resources. Where the project includes the delivery of water to the community or to users of facility infrastructure (such as hotel hosts and hospital patients), where water may be used for drinking, cooking, washing, and bathing, water quality should comply with national acceptability standards or in their absence the current edition of with WHO Drinking Water Guidelines. Any dependency factors associated with the delivery of water to the local community should be planned for and managed to ensure the sustainability of the water supply by involving the community in its management to minimize the dependency in the long-term. Structural Safety of Project Infrastructure Reduction of potential hazards is best accomplished during the design phase when the structural design, layout and site modifications can be adapted more easily. The following issues should be considered and incorporated as appropriate into the planning, siting, and design phases of a project: ▪ Incorporation of siting and safety engineering criteria to prevent failures due to natural risks posed by earthquakes, tsunamis, wind, flooding, landslides and fire. ▪ All project structures should be designed in accordance with engineering and design criteria mandated by site-specific risks, including but not limited to seismic activity, slope stability, wind loading, and other dynamic loads ▪ Application of locally regulated building codes to ensure structures are designed and constructed in accordance with sound architectural and engineering practice, including aspects of fire prevention and response 73 ▪ Engineers and architects responsible for designing and constructing facilities, building, plants and other structures should certify the applicability and appropriateness of the structural criteria employed. Although major design changes may not be feasible during the operation phase of a project, hazard analysis can be undertaken to identify opportunities to reduce the consequences of a failure or accident. Emergency Response Plan An Emergency Response Plan is a set of scenario–based procedures to assist staff and emergency response teams during real life emergency and training exercises. This chapter of the Fire and Life Safety Master Plan should include an assessment of local fire prevention and suppression capabilities. Specific Requirements for Existing Buildings All life and fire safety guidelines for new buildings apply to existing buildings programmed for renovation. a) A suitably qualified professional conducts a complete life and fire safety review of existing buildings slated for renovation. b) The findings and recommendations of the review are used as the basis to establish the scope of work of a Corrective Action Plan and a time frame for implementing the changes. c) If it becomes apparent that life and fire safety conditions are deficient in an existing building that is not part of the project or that has not been programmed for renovation, a life and fire safety review of the building may be conducted by a suitably qualified professional. The findings and recommendations of the review are used as the basis to establish the scope of work of a Corrective Action Plan and a time frame for implementing the changes. d) All such structures should be designed in accordance with the criteria mandated by situation-, climatic-, and geology-specific location risks (e.g., seismic activity, wind loading, and other dynamic loads). e) Structural engineers and architects responsible for facilities, buildings, plants and structures should certify the applicability and appropriateness of the design criteria employed. Traffic Safety Traffic accidents have become one of the most significant causes of injuries and fatalities among members of the public worldwide. Traffic safety should be promoted by all project personnel during displacement to and from the workplace, and during operation of project equipment on private or public roads. Prevention and control of traffic related injuries and fatalities should include the adoption of safety measures that are protective of project workers and of road users, including those who are most vulnerable to road traffic accidents. Road safety initiatives proportional to the scope and nature of project activities should include: • Adoption of best transport safety practices across all aspects of project operations with the goal of preventing traffic accidents and minimizing injuries suffered by project personnel and the public. • Emphasizing safety aspects among drivers • Improving driving skills and requiring licensing of drivers • Adopting limits for trip duration and arranging driver rosters to avoid overtiredness • Avoiding dangerous routes and times of day to reduce the risk of accidents 74 • Use of speed control devices (governors) on trucks, and remote monitoring of driver actions • Regular maintenance of vehicles and use of manufacturer approved parts to minimize potentially serious accidents caused by equipment malfunction or premature failure. Where the project may contribute to a significant increase in traffic along existing roads, or where road transport is a significant component of a project, recommended measures include: • Minimizing pedestrian interaction with construction vehicles • Collaboration with local communities and responsible authorities to improve signage, visibility and overall safety of roads, particularly along stretches located near schools or other locations where children may be present. • Collaborating with local communities on education about traffic and pedestrian safety (e.g., school education campaigns). • Coordination with emergency responders to ensure that appropriate first aid is provided in the event of accidents • Using locally sourced materials, whenever possible, to minimize transport distances. Locating associated facilities such as worker camps close to project sites and arranging worker bus transport to minimize external traffic. Incident Investigation Incidents can provide valuable information about transportation hazards and the steps needed to prevent accidental releases. The implementation of incident investigation procedures should ensure that: • Investigations are initiated promptly • Summaries of investigations are included in a report • Report findings and recommendations are addressed Employee Participation There should be a written plan of action regarding the implementation of active employee participation in the prevention of accidents. Contractors: The plan should include procedures to ensure that: a) The contractor is provided with safety performance b) procedures and safety and hazard information c) Contractors observe safety practices d) Verify that the contractor acts responsibly The plan should also include additional procedures to ensure the contractors will: a) Ensure appropriate training for their employees b) Ensure their employees know process hazards and applicable emergency actions c) Prepare and submit training records d) Inform employees about the hazards presented by their work Training Good training programs on operating procedures will provide the employees with the necessary information to understand how to operate safely and why safe operations are needed. The training program should include: • The list of employees to be trained • Specific training objectives • Mechanisms to achieve objectives (i.e. hands-on workshops, videos, etc.) • Means to determine the effectiveness of the training program 75 • Training procedures for new hires and refresher programs Disease Prevention Communicable Diseases Communicable diseases pose a significant public health threat worldwide. Health hazards typically associated with large development projects are those relating to poor sanitation and living conditions, sexual transmission and vector-borne infections. Communicable diseases of most concern during the construction phase due to labor mobility are sexually-transmitted diseases (STDs), such as HIV/AIDS. Recognizing that no single measure is likely to be effective in the long term, successful initiatives typically involve a combination of behavioral and environmental modifications. Recommended interventions at the project level include providing surveillance and active screening and treatment of workers • Preventing illness among workers in local communities by: • Undertaking health awareness and education initiatives. • Training health workers in disease treatment • Conducting immunization programs for workers in local communities to improve health and guard against infection • Providing health services • Providing treatment through standard case management in on-site or community health care facilities. • Ensuring ready access to medical treatment, confidentiality and appropriate care, particularly with respect to migrant workers • Promoting collaboration with local authorities to enhance access of worker’s families and the community to public health services and promote immunization Vector-Borne Diseases Reducing the impact of vector-borne disease on the long-term health of workers is best accomplished through implementation of diverse interventions aimed at eliminating the factors that lead to disease. Project sponsors, in close collaboration with community health authorities, can implement an integrated control strategy for mosquito and other arthropod- borne diseases that might involve: • Prevention of larval and adult propagation through sanitary improvements and elimination of breeding habitats close to human settlements • Elimination of unusable impounded water • Considering the application of residual insecticide to dormitory walls • Implementation of integrated vector control programs • Promoting use of repellents, clothing, netting, and other barriers to prevent insect bites • Monitoring and treatment of circulating and migrating populations to prevent disease reservoir spread • Collaboration and exchange of in-kind services with other control programs in the project area to maximize beneficial effects • Educating project personnel and area residents on risks, prevention, and available treatment • Monitoring communities during high-risk seasons to detect and treat cases • Following safety guidelines for the storage, transport, and distribution of pesticides to minimize the potential for misuse, spills, and accidental human exposure 76 • COMMUNITY HEALTH AND SAFETY PLAN This community health and safety plan recognizes that project activities in general, and certain sub-projects (community infrastructure works) can potentially create health and safety risks for communities. This plan anticipates potential adverse impacts, and proposes mitigation measures accordingly. Infrastructure and Equipment Design and Safety The community at large as well as community workers could face risks from the use of faulty equipment, or issues with “structural elements� such as poorly designed watercourses that are given to overflow. Other possible risks arise from the installation of equipment in high-risk locations (like areas prone to flooding). Mitigation Measures All works under the project will be covered by the provisions of the Khyber Pakhtunkhwa Occupational Health and Safety Act, 2022, which, in addition to the OHS of workers (not covered by this ESS), also stipulates that manufacturers of equipment and employers in all manner of establishments are responsible for ensuring the correct assembly, manufacture and use of all equipment in the workplace. In addition, the Project Steering Committee, which is responsible for approval of equipment standards & specifications, and prequalification of supply & services companies, shall ensure that all equipment used is of an acceptable standard. The Steering Committee will also authorize the appointment of experts, where necessary, to advise on the correct installation and operation of equipment in areas at risk of natural disasters or other hazards. Safety of Infrastructure and Traffic Hazards Work on watercourses can open the community to risks of flooding and, to a lesser extent, possible drowning (particularly of children or small animals). At the same time, greater economic activity and work on sub-projects can increase the flow of traffic in the community, which can lead to a number of potentially hazardous situations. Mitigation Measures An Emergency Response Plan has been prepared as part of this ESMF. All project personnel at relevant (supervisory levels) will be trained in the provisions of the Response Plan and should be familiar with principles of emergency prevention, preparedness and response arrangements for such events. A Traffic Management Plan has also been prepared which stipulates how the flow of traffic will be managed at project sites. Fallout of Construction The construction activities and vehicular movement at construction sites may result in roadside accidents particularly affecting local communities who are not used to the presence of construction equipment. Quality of groundwater and surface water resources available in the nearby local communities may be affected due to the construction activities, oil spillage and leakage, roadside accidents, etc. The proposed subprojects will also have potential of air (dust pollution), noise and vibrational impacts on nearby community. The labor works with different transmittable diseases like HIV/AIDs and COVID-19 etc. may cause spread out of those diseases in the local residents and for visitors. Conflicts may arise between the local community and the construction workers, which may be related to religious, cultural or ethnic differences, or based on competition for local resources. Mitigation Measures 77 • The contractors will be required to strictly follow World Bank Group EHS Guidelines, 2007. The contractor will prepare the site specific community health and safety plan in compliance with relevant sections of the WBG General Environmental Health and Safety Guidelines (WBG 2007) and KP Labor Laws; • The contractor will clearly barricade work areas to prevent access by the public; • They will also provide basic medical training to specified work staff and basic medical service and supplies to workers; • There will be proper control on construction activities and oil spillage leakage of vehicles; • The laborers with communicable diseases will be restricted within the construction site till they are no longer infectious; • The contractor will ensure that the site is restricted for the entry of irrelevant people particularly children; • Efforts will be made to create awareness about road safety among the drivers operating construction vehicles; • Timely public notification will be issued on planned construction works; • Provision of proper safety and diversion signage, particularly at sensitive/accident- prone spots will be ensured, Speed limits will be determined and enforced; • Water sprinkling will be carried out to suppress dust; • The contractor will prepare the method of treatment and disposal of sanitary wastes, disposal of hazardous waste, actions to be taken in the event of land and water based pollution events and procedures for the collection and disposal of wastes, including domestic and construction waste to protect the local community; • The contractor will take due care of the local community and observe sanctity of local customs and traditions. The contractor will warn the staff strictly not to involve in any unethical activities and to obey the local norms and cultural restrictions; and • Relevant legislations, conventions, ESSs and guidelines will be respected. Communicable Diseases Local health and rescue facilities may also be overwhelmed and/or ill- equipped to address the industrial accidents that can occur in a large construction site. The contractors will minimize potential health issues by following health and safety guidelines laid out in this document. Mitigation Measures The contractor will facilitate workers and other project personnel who are unwell to seek medical attention as soon as possible, and will ensure that adequate sick leave is allowed if required. Workers and project personnel with communicable diseases will be encouraged to isolate to the extent possible, or at least minimize contact with the community till their condition is judged to not to be a threat. If local health facilities are under stress or are crowded, project personnel will facilitate workers to go to facilities in town or city centers. COVID-19 safety procedures, as mandated by the government, will be enforced if required. In the events of accidents, natural disasters or other emergencies, the project personnel will follow the Emergency Response Plan. 78 Interaction between Workers and Community In general, workers who are not local will avoid interaction with the community and only nominated/designated person of contractors will interact with local communities to record grievances or for other necessary reasons. Safety Measures for Communities In general, the contractor will ensure the following safety measures for the communities (at a minimum): • Avoid or minimize the potential for community exposure to hazardous materials and waste (if produced); • Avoid, minimize or compensate for the potential for traffic related accidents, affected agriculture land, communicable and vector-borne diseases; • Manage environmental pollution including impacts on air quality and noise; • Train employees on driving standards, and the transportation of materials, local culture and norms and ensure timely and open information sharing about proposed subprojects; • Minimise traffic movement close to communities/villages, permanent/temporary settlements and nomadic/semi-nomadic herders and keep a safe distance; • Consult with affected communities if traffic disturbance is not avoidable and take appropriate measures after consultation (including measures to avoid disturbance of their livestock); • Caution will be taken with regards to social impacts in the surroundings of the subproject sites and measures will be implemented that ensure that interaction with communities is kept to a minimum; • Strictly observe speed limits on roads passing through villages/communities, avoid using pressure horns, and ensure drivers do not linger unnecessarily on roads near communities; • Construction deliveries will, where possible, be scheduled to avoid busy periods of traffic compression and/or be rerouted to avoid potential pinch points; • All vehicles transporting soil and other dusty materials will be covered appropriately. 79 • TEMPLATE FOR ENVIRONMENTAL AND SOCIAL MONITORING Title of Subproject Proponent Contractor’s Name Monitoring Date & Time Monitori Complia Reason Sr ng and nce for Non . Monitoring Location Monitoring Reporti Status Complia Receptor N Parameters s Mechanism ng (Yes/No) nce o. Frequen cy 1. Water Quality Compliance Within • Visual (Surface with all Subprojec checks water/Groundwater/D parameters t Areas • Complaints rinking as per from Water/wastewater) NEQS 2016, nearby (as advised by WHO and residents Environmental FAO • Record of Specialist) standards public (whichever grievances is stringent) • Discrete grab sampling and laboratory testing of water samples by EPA approved laboratory for monitoring 2. Air Quality Monitoring of Within • Visual (as advised by CO, CO2, Subprojec checks Environmental SOx, NOx, t Areas • Complaints Specialist) HC and from PM2.5 PM10 nearby and residents compliance • Record of with NEQS, public grievances 80 Monitori Complia Reason Sr ng and nce for Non . Monitoring Location Monitoring Reporti Status Complia Receptor N Parameters s Mechanism ng (Yes/No) nce o. Frequen cy 2016 and • Onsite IFC/WHO ambient air guidelines monitoring (whichever by EPA is stringent) approved laboratory for monitoring 3. Noise Pollution Compliance Within • Visual (as advised by with dBA Subprojec checks Environmental Leq. as per t Areas • Complaints Specialist) NEQS, 2016 from and nearby IFC/WHO residents (whichever • Record of is stringent) public grievances • Monitoring of noise level at site 4. Soil Contamination Soil Within • Visual (as advised by contaminatio Subprojec observatio Environmental n, t Areas ns and Specialist) uncontrolled checks solid waste • Complaints disposal from activities at nearby sites residents • Record of public grievances • Sampling and laboratory testing for soil samples 5. Construction Traffic safety Within • Visual Machinery sign, Subprojec observatio condition of t Areas ns and vehicles and checks machinery, • Complaints driver from inspection, nearby safety residents barriers and labours. • Record of public and labour grievances 6. Ecological Resources Disturbance Within • Visual to natural Subprojec observatio habitat, t Areas ns and wildlife, trees checks cutting • Complaints from nearby residents 81 Monitori Complia Reason Sr ng and nce for Non . Monitoring Location Monitoring Reporti Status Complia Receptor N Parameters s Mechanism ng (Yes/No) nce o. Frequen cy • Record of public grievances 7. Waste Management Collection, Within • Visual disposal, Subprojec observatio and t Areas ns and managemen checks t of solid, • Consultatio liquid, ns with construction, AP’s. hazardous • Complaints wastes from nearby residents. • Record of public grievances 8. Chance Find Compliance Within • Visual with chance Subprojec observatio find t Areas ns and procedure checks • Record and reporting 9. Community around Use of Communit • Communit the subproject common ies within y corridor resources. the study consultatio Hindrance to area / ns mobility. area of • Visual Community influence observatio health and ns and safety checks • Complaints from nearby residents • Record of public grievances 10. Labour Management Child labour, Within • Consultatio employment Subprojec ns and conditions, t Areas medical workers’ check ups accommodat • Complaints ion, from Housekeepi labours/ne ng, arby HIV/STDs, resident COVID 19 • Record of public and etc. labours grievances 11. Grievances Redress Type and Within • Complaint number of Subprojec register grievances / t Areas • Complaints Social and from Environment labours/ne al Conflicts arby resident 82 Monitori Complia Reason Sr ng and nce for Non . Monitoring Location Monitoring Reporti Status Complia Receptor N Parameters s Mechanism ng (Yes/No) nce o. Frequen cy 12. Community/Occupati Compliance Within • Consultatio onal health & safety with WBG Subprojec ns and EHS t Areas complaint Guidelines, register 2007 • Complaints Type and from number of labours/ne accidents arby resident 13. Gender Based Impacts on Within • Communit Violence Women, Subprojec y Children, t Areas consultatio and ns Vulnerable • Complaints Groups and from related labours/ne issues. arby resident • Record of public grievances 14. COVID-19 SOPs Wearing of Within • Visual Implementation Masks, Subprojec inspection, Social t Areas instrument distancing, al medical inspection check-ups • Complaints from labours/ne arby resident • Record of public and labours grievances 15. Public Utilities83 Disturbance Within • Visual or damage Subprojec checks to public t Areas and infrastructur consultatio e/ utilities ns with AP’s. • Ensure compensat ion and records • Complaints from nearby resident • Record of public grievances 16. Trainings As per Within • Audits and Capacity Subprojec record Building and t Areas checking 83 Telephone lines, electric poles and wires, water lines and electricity high tension pole (if any). 83 Monitori Complia Reason Sr ng and nce for Non . Monitoring Location Monitoring Reporti Status Complia Receptor N Parameters s Mechanism ng (Yes/No) nce o. Frequen cy Training • Evaluation Framework report • Record of staff grievances 17. Unanticipated NA Within NA Conditions (as per Subprojec advise of t Areas Environmental and Social Safeguards Experts) PHOTOLOG OF ISSUES IDENTIFIED ABOVE Sr. Date of Photograph Depicting Remarks No. Photograph Issue Name of Monitoring Person (s):__________________Designation & Department ___________ Signature: ___________ Note: EPA= Environmental Protection Agency, NEQS= National Environmental Quality Standards, WHO= World Health Organization, IFC= International Finance Cooperation, FAO= Food and Agriculture Organization. 84 • GUIDELINES FOR OCCUPATIONAL HEALTH AND SAFETY PLAN Occupational Health and Safety covers all personnel working under the proposed subprojects, prepared by the Contractors based on these guidelines and in line with the World Bank EHS guidelines, 2007. The Occupational Health and Safety program will aim to ensure that the workplace is safe and healthy by: addressing the hazards and risks at the workplace; outlining the procedures and responsibilities for preventing, eliminating and minimizing the effects of those hazards and risks; identifying the emergency management plans for the workplace or workplaces; and specifying how consultation, training and information are to be provided to employees at various workplaces. Some of the risks/hazards associated with workplaces are due to working close to or at sites associated with the various project construction activities. Other risks associated with the project construction phase include risk of increase of vector borne and other different diseases. The following sections will be implemented during the construction phase to address and ensure workers’ health and safety. Roles and Responsibilities Contractor will be responsible for the management and implementation of this occupational and community health and safety. The Contractor will prepare a detailed site-specific health and safety plan which defines the roles and responsibilities of the nominated /designated health and safety team. Screening and Regular Unannounced Checking of Workers As per the procedure for hiring workers, all Contractors are required to make all prospective workers undergo medical tests to screen for diseases and sicknesses, prior to selection and employment of any worker. The Contractor is also responsible for ensuring that no worker who has a criminal record is employed at the project site. It will be ensured that all workers undergo medical tests to screen diseases at source and at sites in consultation with the nominated person (as per advice of Environmental Specialist). In addition to this, the Proponent will also undertake sudden, unannounced checks on workers to look for diseases such as COVID-19, HIV, STDs, and hepatitis and take necessary steps as mandated by the Contractual agreement between the Contractor and the Worker(s). Minimizing hazards and risks at the workplace To ensure safety at all work sites, the following will be carried out: • Installation of signboards and symbols in risky and hazardous areas, to inform workers to be careful; • Construction of barricades around construction sites and excavated pits, to cordon off and deter entry of unauthorized public/children into these areas; • Providing a safe storage site/area for construction machinery and equipment to prevent misuse and loss; 85 • Proper Housekeeping: Ensuring that materials are all stacked, racked, blocked, interlocked, or otherwise secured to prevent sliding, falling, or collapse. Brick stacks will not be more than 7 feet in height and for concrete blocks they will not be more than 6 feet high; • Removing all scrap timber, waste material and rubbish from the immediate work area as the work progresses; • Ensure that all ramps or walkways are at least 6 feet wide, having slip resistance threads and not inclined at more than a slope of 1 vertical and 3 horizontal; • Stacking away all excavated earth at least 2 feet from the pit to avoid material from falling back into the excavated area and injuring those working inside excavated sites; • Only a trained electrician should be hired to repair and install the electrical equipment (where required) to prevent risks of electrical shocks; and • Install fire extinguishers and/or other fire-fighting equipment at every work site to prepare for any accidental fire hazards. Provision of Personal Protective Equipment Risks to the health and safety of workers can be prevented by provision of Personal Protective Equipment (PPEs) to all workers. This will be included in the construction cost for each Contractor. Depending on the nature of work and the risks involved, Contractor must provide without any cost to the workers, the following protective equipment (as per advice of Environmental Specialist): • High visibility clothing for all personnel during works must be mandatory; • Helmet shall be provided to all workers, or visitors visiting the site, for protection of the head against impact or penetration of falling or flying objects; • Safety boots shall be provided to all workers for protection of feet from impact or penetration of falling objects on feet; • Ear protecting devices (if required/as per advice of Environmental Specialist) shall be provided to all workers; • Eye and face protection equipment shall be provided to all welders to protect against sparks; and • Respiratory protection devices shall be provided to all workers during occurrence of fumes, dusts, or toxic gas/vapor. Procedures to Deal with Emergencies such as Accidents, Sudden Illness and Death of Workers First aid kits will be made available at all times throughout the entire construction period by the respective Contractor. This is very important, because most work sites will be at some distance from the nearest hospital. First Aid Facilities 86 • First Aid Facility/ kits will be provided at work sites at strategic locations for the entire duration of subproject (s); • First aid boxes location will be clearly marked with a signage in local language at working sites along with the contact details of first aiders; • Workers will also be informed about the location of first aid box and who is first aider; • To be precise, one first aid box will be provided for each subproject or as per the requirement considering the ratio of 50 workers/ first aid box; and • Contractor HSE staff will regularly inspect the first aid boxes to check the presence of required items and in sufficient number. The missing items will be replenished if found deficient during inspection. First Aid kit will be comprised of the below mentioned first aid items but may not limited to only these: Pyodine solution, Hand Gloves, Gauze Pad, Scissors, Forcep, Thermometer, Saniplast (First Aid Bandage), Vintogeno Balm, Polyfax skin ointment, Cotton Bandage, Crepe Bandage, Paper Tape, Eye Drops and Pain Killer. In addition to the first aid kits, the following measures should be in place: • A vehicle shall be on standby, so that emergency transportation can be arranged to take severely injured/sick workers to the nearest hospital for immediate medical attention; • A designated Health Officer/worker for the Project will be identified as a focal person to attend to all health and safety related issues. This employee’s contact number will be posted at all work sites for speedy delivery of emergency services; and • Communication arrangements, such a provision of mobile for all work sites, for efficient handling of emergencies, will be made. Record Maintenance and Remedial action The Contractors will maintain a record of all accidents and injuries that occur at the work site. Reports prepared by the Contractors shall include information on the place, date and time of the incident, name of persons involved, cause of incident, witnesses present and their statements (format provided in Guidelines for Emergency Response Plan). Based on such reports, the management can jointly identify any unsafe conditions, acts or procedures and recommend for the Contractors to undertake certain mitigative actions to change any unsafe or harmful conditions. Compensation for Injuries and Death Any casualty (unlikely keeping in view the extent of proposed interventions) or injury resulting from occupational activities should be compensated as per the local labor laws of Pakistan. Where compensation is sought by the injured party, proper procedures for documentation of the case will be followed, including a detailed report on the accident, written reports from witnesses, report of the examining doctor and his/her recommendation for treatment. Each individual Contractors will be responsible for ensuring compensation for the respective workers. 87 Awareness Programs The Contractors will undertake awareness programs (as per advice of Environmental Specialist) through posters, talks, and meetings to undertake the following activities: • Dissemination sessions will clarify the rights and responsibilities of the workers regarding interactions with local people (including communicable disease risks, such as HIV/AIDS, COVID-19, Dengue), work site health and safety, waste management (waste separation, recycling, and composting), and the illegality of poaching; and • Make workers aware of procedures to be followed in case of emergencies such as informing the focal health person who in turn will arrange the necessary emergency transportation or treatment. Dengue Control Strategy Contractor will implement the following control measures to prevent/ control dengue fever in the subproject areas: • Disinfect by spraying in Contractor’s living areas (if established); • Workers will be encouraged to use insect repellent; • Workers will be instructed to wear long-sleeved shirts and long pants; • Workers will be instructed to take control measures at their residence/ construction camps (if established); • Contractor HSE staff will do regular site inspections; • Clear immediately, if stagnant water/ mosquito breeding place is observed; • Dengue awareness raising sessions will be arranged; and • In induction/training, the workers will be educated on protective measures to avoid • dengue. Nomination of a Health and Safety Focal Person For each Contractors, a Health and Safety Focal Person will be appointed/ nominated. The Terms of Reference for the focal person will mainly be as follows: • Function as the focal person/representative for all health and safety matters at the workplace; • Responsible for maintaining records of all accidents and all health and safety issues at each site, the number of accidents and its cause, actions taken and remedial measures undertaken in case of safety issues; • Be the link between the Contractors and all workers and submit grievances of the workers to the Contractors and instructions/directives on proper health care and safety from the Contractors back to the workers; • Ensure that all workers are adequately informed on the requirement to use PPEs and its correct use; and 88 • Also responsible for the first aid kit and making sure that the basic immediate medicines are readily available. Suggested Contents of Occupational Health and Safety Plan The suggested contents of Occupational Health and Safety Plan to be developed by the / Contractor(s) are described below: 1. Purpose 2. Scope of Application 3. Contractual and Legal Requirements 4. Occupational Health and Safety Objectives 5. Organization and Responsibility • Contractor’s HSE Management • Medical Arrangements of the Contractor(s) • Occupational Health and Safety • Community Health and Safety 6. Hazard Identification and Risk Assessment 7. Health Plan • Labour Protection • Sanitary Epidemic Prevention 8. Safety Plan • Summary • Qualification Review • Safety Training and Awareness • Construction Plans and Documents • Control Measures • Monitoring Measures • Management of the Key Safety Accidents 9. Public Security Plan 10. Emergency Response Plan 11. Construction Camp Management Plan (if established) 12. Safe Working Procedures 13. Consultation and Communication Process 14. Performance Monitoring 15. Documentation and Reporting 89 • SOLID WASTE MANAGEMENT PLAN (SWMP) Construction activities for the project may generate various types of waste depending on the nature of construction and rehabilitation work involved. The road widening works, for example, may generate more waste than road rehabilitation activities. To mitigate the risks associated with the generation of construction waste, site-specific SWMPs will be prepared. The SWMP shall: • Identify all potential waste generation activities implemented by the project, and characterize the types waste products, the specific sources of those products, and the quantities of each that are likely to be produced. • Describe all applicable international (treaties/conventions/resolutions), national, and provincial laws and regulations regarding solid waste management and disposal. • Provide detailed, site-specific mitigation measures for all identified risks. For each sub-project, the SWMP shall be prepared prior to the commencement of construction activities. The SWMP will be prepared by the contractor and finalized and approved by the ESMU-PMU/PIU. An indicative outline of the SWMP is provided below: i. Introduction and context – This section will provide an introduction to the subprojects area and the specific activities of the subproject, and should also include a brief rationale for the preparation of the SWMP. ii. Identification of waste with quantity and source – This section should document all potential waste generation with the expected quantities and characteristics of each type of waste. iii. Handling and disposal guidelines for waste – This section will provide specific guidance and methodologies for the handling and disposal of solid waste generated by the subproject, identified in the previous section. This may include: • Excavated Soil – including measures to preserve topsoil, usage/disposal of excavated soil, etc. • Construction debris – including guidance on separating recyclable and non- recyclable construction waste, storage and sale of recyclables, disposal of non-recyclables, etc. • Solid waste (including municipal and other waste generated from labor camps) including measures for separation of recyclables, non-recyclables, and biodegradables at source, introduction of the “reduce, reuse, recycle� concept, trainings, etc. 90 iv. Selection of Waste Disposal Sites – This section should identify the location and nature of waste disposal sites, based on the types and quantities of waste expected, and the site screening criteria provided in the ESMF. The site selection process should focus on locating sites a suitable distance away from sensitive locations (settlements, water resources, protected or biologically important areas), and ensuring that disposal sites do not have any adverse social or environmental impacts. Stakeholder/community consultation and community approval must be obtained before finalizing the location/s of the waste disposal site/s. This section should also contain a summary of consultations carried out for this purpose, and provide specific information on how stakeholder view were incorporated into site selection. v. Implementation, Monitoring and Reporting – This section will assign responsibilities for the implementation of the SWMP. It will also provide details on compliance monitoring of the implementation of the SWMP. Specifically, it will include a list of monitoring indicators (including actual amounts and types of wastes generated, records of disposal, etc.) and assign responsibilities for monitoring. Finally, this section will include an indicative outline of monitoring reports, and a schedule for reporting on SWMP compliance to the ESMU- PMU/PIU. 91 • INVOLUNTARY RESETTLEMENT SCREENING CHECKLIST FOR CIVIL WORKS To be filled for all project related civil works requiring land acquisition. Project/Subproject Title: Implementing Agency: Processing Stage: City/Town/Village: __________________________UC____________ Tehsil_____________ District__________________ Province______________________ Pakistan Name of Tehsil Council__________________ Name of Village Council/Neighborhood Council______________________ Categorization New Revision of Other Status: project/subproject project/subproject Name of Enumerator:_____________________________ Date:______________________ SECTION 1: Potential Impacts Yes No Expected Remarks Does the subproject involve any physical construction work, i.e. rehabilitation, reconstruction or new construction? Specify in “remarks� column. Land: Will the subproject use Government or state-owned land? 92 SECTION 1: Potential Impacts Yes No Expected Remarks Does the Government or state-owned land have any occupation (agriculture, settlement, structures, informal settlers?) If “Yes�, please refer to Resettlement Framework (RF) Does the Government or state owned land have any conflicts or pending compensation to persons it was acquired from? If “Yes�, the land cannot be used for RIISP construction activities till conflicts or pending issues are resolved Was adequate compensation provided for acquisition of land as per requirements of the RIISP Resettlement Framework and World Bank ESS5. If “No�, the land cannot be used for RIISP construction activities till adequate compensation is provided Did the acquisition of land prior to the project involve removal of informal settlers/occupants without adequate compensation as defined in the RIISP Resettlement Framework? If “Yes�, the land cannot be used for RIISP construction activities till adequate compensation is provided Will the subproject acquire and use private or communal land? If “Yes�, please refer to Resettlement Framework (RF) Are government land records available for the identified parcel of land? If “No�, please refer to Resettlement Framework (RF) and follow requirements for acquisition of land in NMDs Will the subproject require Voluntary Land Donation? If “Yes�, please refer to VLD Framework and Due Diligence Checklist Others (specify in “remarks�). Land-based assets: Impacts on residential structures Impacts on commercial structures (specify in “remarks�) Impacts on community structures (specify in “remarks�) Impacts on agriculture structures (specify in “remarks�) Impacts on public utilities (specify in “remarks�) Others (specify in “remarks�) Agriculture related impacts: 93 SECTION 1: Potential Impacts Yes No Expected Remarks Impacts on crops and vegetables (specify types and cropping area in “remarks) Impacts on Trees (specify number and types in “remarks�). Others (specify in “remarks�). Affected Persons (APs): Number of APs Males Females Titled landowners Tenants and sharecroppers Leaseholders Agriculture wage laborers Informal settlers/occupants (specify in remarks column). Vulnerable APs (e.g. women headed households, minors and aged, orphans, disabled persons and those below the poverty line). Specify the number and vulnerability in “remarks�. Others (specify in “remarks�) SECTION 2 Others: Are there any other minority groups affected by land acquisition or project activities? If “Yes� specify in “remarks� Minority groups (specify in “remarks�). Describe nature of impacts 94 • QAUMI COMMISSION SCREENING CHECKLIST To be filled for all project related civil works requiring land acquisition in areas without existing land records. Project/Subproject Title: Implementing Agency: Processing Stage: City/Town/Village: __________________________UC____________ Tehsil_____________ District__________________ Province______________________ Pakistan Name of Acquiring Department Coordinates of identified land: Details of Proposed Qaumi Commission Members: Name Title and Occupation Contact Number 95 Categorization New Revision of Other Status: project/subproject project/subproject Name of Enumerator:_____________________________ Date:______________________ Screening for Due Diligence Yes No Remarks Has a new Qaumi Commission been established for this particular land acquisition case? Has it been confirmed that the Qaumi Commission members do not have a conflict of interest with the transaction for which they have been selected? For example, they are not employees of the DC Office, Revenue, Acquiring Department or Local Government? Has it been ensured that the Qaumi Commission members will not benefit financially from the land acquisition (except receiving the fees as prescribed by KP Land Acquisition Rules 2020)? Has the land been jointly identified by the Collector, Revenue Department, tribal elders and project representative and deemed suitable under Project E&S Screening? Has it been ensured that the land is appropriate for sub-project purposes; Has it been ensured that the price set by the Qaumi Commission will not be below the prevailing market price? Has it been ensured that the price set by the Qaumi Commission will include compensation for assets, trees, crops and economic displacement as per the Project Entitlement Matrix? Have free and meaningful consultations been conducted in good faith with all potential land sellers? If the answer to any of the above is NO, the land in question does not qualify for acquisition • 96 • VLD/DUE DILIGENCE SCREENING CHECKLIST Screening for Due Diligence Yes No Remarks Is the land in question free from any dispute on ownership or any other encumbrances? Has the land been jointly identified by the Revenue Department, beneficiary community and project representative? Has the Project team ensured that the land is appropriate for sub- project purposes and that the sub-project will not result in any adverse social or environmental impacts by using this land? Have efforts been taken by the project team to spread land donation over a number of owners rather than one influential land- owner? Have the Titleholders or landowners donating land been made to understand that they will have equal access to the infrastructure built on the donated land like any other community member and that they cannot claim for any priority treatment? Is the land to be donated no more than 10% of the total land holding of the individual? In case of communal land, has consent of 90% of land-owners through a consultative process been acquired? Has it been ensured that the land titleholder/owner does not belong to vulnerable sections of society, unless he/she is a direct beneficiary of the subproject (i.e., donated parcel of land would result in net gains in that person’s livelihood)? Vulnerable sections are: • households below the poverty line (with a valid government issued proof); • Women headed households who may lose their shelter of livelihood due to land donation; • Handicapped persons who may lose their shelter or livelihood due to land donation, Has free and informed consent through meaningful consultations in good faith with all potential land donors been ensured? Have separate discussions been held with vulnerable donors such as women, elderly and orphans to facilitate meaningful participation and ensure there is no coercion by other land donors? Has it been verified that land is free from any encumbrances? Has it been verified that land donation will not displace tenants or bonded labor, if any, from the land? Has it been verified that land donated is not land used traditionally or customarily for any religious or cultural practice? 97 Screening for Due Diligence Yes No Remarks If the answer to any of the above is NO, the land in question does not qualify for Voluntary Land Donation 98 • SAMPLE AGREEMENTS FOR VOLUNTARY LAND DONATION (TO BE TRANSLATED INTO URDU) 1. Sample Agreement for VLD in Settled Districts/Areas with Land Records (Voluntary Donation of Land on Stamp Paper of value prescribed by Revenue Department 1. This deed of voluntary donation is made and executed on ............................ day of ............................. between Mr./Ms./Mrs ...............................................S/O W/O D/O Mr. ------------- ----- -------------- AND the Government of Khyber Pakhtunkhwa through Village Council/Neighborhood Council --------------------------of Khyber Pakhtunkhwa to render ------------------ services (insert project title and location here). Herein after called the “Recipient� which term denotes to “for and on behalf of Project Management Unit, Khyber Pakhtunkhwa Rural Investment and Institutional Support Project (RIISP), Government of Khyber Pakhtunkhwa � on the other part and shall mean and include his successors – in office, nominees and assignees etc. 2. Whereas, the details of the title holder and location of the land are given below: Land and Location Details Land record No: Location /Village: Tehsil and UC: District: Land Area: Details of Structures on land: Description of North Boundary: Description of East Boundary: Description of West Boundary: Description of South Boundary: Note: Detailed Map to scale is appended. Title Holder Details Title Holder Name and CNIC Number: Name of Father/Husband and CNIC Number: Age: Status: Title Holder/ Encroacher Occupation Residence: Gender: 3. Whereas the Title Holder is presently using/ holds the transferable right of the above mentioned piece of land in the village mentioned above. Whereas the Encroacher does not hold any transferable rights of the above mentioned piece of land in the village mentioned above but has been a long standing encroacher, dependent on its usufruct hereditarily. 4. Whereas the Title Holder/Encroacher testifies that the land is free of encumbrances and not subject to other claims/ claimants. 5. Whereas the Title Holder/Encroacher hereby voluntarily surrenders the land/structure without any type of pressure, influence or coercion what so ever directly or indirectly and hereby surrender all his/her subsisting rights in the said land with free will and intention. 6. Whereas the Titleholders or landowner/s donating land understands they will have equal access to the infrastructure built on the donated land like any other community member and that they cannot claim for any priority treatment. 99 7. Whereas the Titleholder/Landowner verifies land to be donated is no more than 10% of his/her total land holding. 8. Whereas the Recipient shall construct and develop infrastructure facilities under the Khyber Pakhtunkhwa Rural Investment and Institutional Support Project and take all possible precautions to avoid damage to adjacent land/structure/other assets. 9. Whereas both the parties agree that the infrastructure so constructed/developed shall be for the project purpose. Signatories Title Holder Tehsildar Name Name CNIC Official seal Transfer registration No. Village Council/Neighborhood Council Chairman Name CNIC Witnesses* 1. VC/NC /General Name Signature Secretary CNIC Name Signature 2. Village Numberdar CNIC 3. PMU Name Signature Representative CNIC *Witnesses may be changed 100 2. Sample Agreement for VLD in Areas of NMDs without Land Records (Voluntary Donation of Land on Stamp Paper of value prescribed by Revenue Department 1. This deed of voluntary donation is made and executed on ............................ day of ............................. 2. Between Mr. ...............................................S/O Mr. --------------------------------, Community Notable/Elder on behalf of Mr/Ms/Mrs --------------------------------SO/DO/WO ------------------------- ------------------------ CNIC Number ------------------------------------- AND the Government of Khyber Pakhtunkhwa through Village Council/Neighborhood Council --------------------------of Khyber Pakhtunkhwa to render ------------------ services (insert sub-project title and location here). Herein after called the “Recipient� which term denotes to “for and on behalf of Project Management Unit, Khyber Pakhtunkhwa Rural Investment and Institutional Support Project (RIISP), Government of Khyber Pakhtunkhwa� on the other part and shall mean and includ e his successors – in office, nominees and assignees etc. • Whereas, the details of the title holder and location of the land are given below: Land and Location Details GIS Coordinates: Location /Village: Tehsil and UC: District: Land Area: Details of Structures on land: Description of North Boundary: Description of East Boundary: Description of West Boundary: Description of South Boundary: Note: Detailed Map to scale is appended. Title Holder Details Land Owner Name and CNIC Number: Name of Father/Husband and CNIC Number: Age: Status: Land Owner as Verified by Tribal Elder Occupation Residence: Gender: • Whereas the landowner is presently using/ holds the transferable right of the above mentioned piece of land in the village mentioned above. Whereas the Encroacher does not hold any transferable rights of the above mentioned piece of land in the village mentioned above but has been a long standing encroacher, dependent on its usufruct hereditarily. • Whereas the landowner testifies that the land is free of encumbrances and not subject to other claims/ claimants. • Whereas the land owner/s hereby voluntarily surrenders the land/structure without any type of pressure, influence or coercion what so ever directly or indirectly and hereby surrender all his/her subsisting rights in the said land with free will and intention. • Whereas the Titleholders or landowner/s donating land understands they will have equal access to the infrastructure built on the donated land like any other community member and that they cannot claim for any priority treatment. • Whereas the Titleholders/Landowners verifies land to be donated is no more than 10% of his/her total land holding. 101 • Whereas the Recipient shall construct and develop infrastructure facilities under the Khyber Pakhtunkhwa Rural Investment and Institutional Support Project and take all possible precautions to avoid damage to adjacent land/structure/other assets. • Whereas both the parties agree that the infrastructure so constructed/developed shall be for the project purpose. Signatories Land Owner Tehsildar Name Name CNIC Official seal Transfer registration No. Village Council/Neighborhood Council Tribal Notable/Elder Chairman Name Name CNIC CNIC Witnesses* 1. VC/NC /General Name Signature Secretary CNIC Name Signature 2. Village Numberdar CNIC 3. PMU Name Signature Representative CNIC *Witnesses may be changed 102 • ELEMENTS OF A RESETTLEMENT PLAN Minimum Elements of a Resettlement Plan A Resettlement Plan must include at least the following elements: 1. Description of the project. General description of the project and identification of the project area. 2. Potential impacts. Identification of: a) the project components or activities that give rise to displacement, explaining why the selected land must be acquired for use within the timeframe of the project; b) the zone of impact of such components or activities; c) the scope and scale of land acquisition and impacts on structures and other fixed assets; d) any project-imposed restrictions on use of, or access to, land or natural resources; e) alternatives considered to avoid or minimize displacement and why those were rejected; and f) The mechanisms established to minimize displacement, to the extent possible, during project implementation. 3. Objectives. The main objectives of the resettlement program. 4. Census survey and baseline socioeconomic studies. The findings of a household- level census identifying and enumerating affected persons, and, with the involvement of affected persons, surveying land, structures and other fixed assets to be affected by the project. The census survey also serves other essential functions: a) identifying characteristics of displaced house- holds, including a description of production systems, labour, and household organization; and baseline information on livelihoods (including, as relevant, production levels and income derived from both formal and informal economic activities) and standards of living (including health status) of the displaced population; b) information on vulnerable groups or persons for whom special provisions may have to be made; c) identifying public or community infrastructure, property or services that may be affected; d) providing a basis for the design of, and budgeting for, the resettlement program; e) in conjunction with establishment of a cut-off date, providing a basis for excluding ineligible people from compensation and resettlement assistance; and f) Establishing baseline conditions for monitoring and evaluation purposes. As the Bank may deem relevant, additional studies on the following subjects may be required to supplement or inform the census survey: g) land tenure and transfer systems, including an inventory of common property natural resources from which people derive their livelihoods and sustenance, non-title-based usufruct systems (including fishing, grazing, or use of forest areas) governed by local recognized land allocation mechanisms, and any issues raised by different tenure systems in the project area; KPRIISP Page No. Environmental and Social Management Framework (ESMF) 9-1 h) the patterns of social interaction in the affected communities, including social net- works and social support systems, and how they will be affected by the project; and i) Social and cultural characteristics of displaced communities, including a description of formal and informal institutions (e.g., community organizations, ritual groups, nongovernmental organizations (NGOs)) that may be relevant to the consultation strategy and to designing and implementing the resettlement activities. 5. Legal framework. The findings of an analysis of the legal framework, covering: a) the scope of the power of compulsory acquisition and imposition of land use restriction and the nature of compensation associated with it, in terms of both the valuation methodology and the timing of payment; b) the applicable legal and administrative procedures, including a description of the remedies available to displaced persons in the judicial process and the normal timeframe for such procedures, and any available grievance redress mechanisms that may be relevant to the project; c) laws and regulations relating to the agencies responsible for implementing resettlement activities; and d) Gaps, if any, between local laws and practices covering compulsory acquisition, imposition of land use restrictions and provision of resettlement measures and ESS5, and the mechanisms to bridge such gaps. 6. Institutional framework. The findings of an analysis of the institutional framework covering: a) the identification of agencies responsible for resettlement activities and NGOs/CSOs that may have a role in project implementation, including providing support for displaced persons; b) an assessment of the institutional capacity of such agencies and NGOs/CSOs; and c) Any steps that are proposed to enhance the institutional capacity of agencies and NGOs/CSOs responsible for resettlement implementation. 7. Eligibility. Definition of displaced persons and criteria for determining their eligibility for compensation and other resettlement assistance, including relevant cut-off dates. 8. Valuation of and compensation for losses. The methodology to be used in valuing losses to deter- mine their replacement cost; and a description of the proposed types and levels of compensation for land, natural resources and other assets under local law and such supplementary measures as are necessary to achieve replacement cost for them. 9. Community participation. Involvement of displaced persons (including host communities, where relevant): a) A description of the strategy for consultation with, and participation of, displaced persons in the design and implementation of the resettlement activities; b) a summary of the views expressed and how these views were taken into account in preparing the resettlement plan; c) a review of the resettlement alternatives presented and the choices made by displaced persons regarding options available to them; and d) Institutionalized arrangements by which displaced people can communicate their concerns to project authorities throughout planning and implementation, KPRIISP Page No. Environmental and Social Management Framework (ESMF) 9-2 and measures to ensure that such vulnerable groups as indigenous people, ethnic minorities, the landless, and women are adequately represented. 10. Implementation schedule. An implementation schedule providing anticipated dates for displacement, and estimated initiation and completion dates for all resettlement plan activities. The schedule should indicate how the resettlement activities are linked to the implementation of the overall project. 11. Costs and budget. Tables showing categorized cost estimates for all resettlement activities, including allowances for inflation, population growth, and other contingencies; timetables for expenditures; sources of funds; and arrangements for timely flow of funds, and funding for resettlement, if any, in areas outside the jurisdiction of the implementing agencies. 12. Grievance redress mechanism. The plan describes affordable and accessible procedures for third-party settlement of disputes arising from displacement or resettlement; such grievance mechanisms should take into account the availability of judicial recourse and community and traditional dispute settlement mechanisms. 13. Monitoring and evaluation. Arrangements for monitoring of displacement and resettlement activities by the implementing agency, supplemented by third-party monitors as considered appropriate by the Bank, to ensure complete and objective information; performance monitoring indicators to measure inputs, outputs, and outcomes for resettlement activities; involvement of the displaced persons in the monitoring process; evaluation of results for a reasonable period after all resettlement activities have been completed; using the results of resettlement monitoring to guide subsequent implementation. 14. Arrangements for adaptive management. The plan should include provisions for adapting resettlement implementation in response to unanticipated changes in project conditions, or unanticipated obstacles to achieving satisfactory resettlement outcomes KPRIISP Page No. Environmental and Social Management Framework (ESMF) 9-3 • SALIENT FEATURES OF LAND ACQUISITION ACT 1894 Section Feature 4 Publication of preliminary notification and power for conducting survey. Formal notification of land needed for a public purpose. Section 5a 5 covering the need for enquiry. 6 The Government makes a formal declaration of intent to acquire land. The Land Commissioner shall direct the Land Acquisition Collector (LAC) 7 to take order the acquisition of the land. The LAC has to direct that the land required to be physically marked out, 8 measured and planned. The LAC gives notice to all displaced persons that the Government intends to take possession of the land and if they have any claims for 9 compensation then these claims are to be made to him at an appointed time. Delegates power to the LAC to record statements of affected people in 10 the area of land to be acquired or any part thereof as co-proprietor, sub- proprietor, mortgagee, and tenant or otherwise. Enables the Collector to make enquiries into the measurements, value 11 and claim and then to issue the final “award." The award includes the land's marked area and the valuation of compensation. When the LAC has made an award under Section 11, he will then take 16 possession and the land shall thereupon vest absolutely in the Government, free from all encumbrances. In cases of urgency, whenever the Government can take possession of any land needed for public purposes or for a Company. Such land shall 17 thereupon vest absolutely in the Government, free from all encumbrances: In case of dissatisfaction with the award, affected people may request the 18 LAC to refer the case onward to the court for a decision. This does not affect the Government taking possession of the land. The award of compensation for the owners for acquired land is 23 determined at its market value plus 15% in view of the compulsory nature of the acquisition for public purposes. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 9-4 Section Feature Relates to the determination of compensation values and interest 28 premium for land acquisition. The LAC can, instead of awarding cash compensation in respect of any 31 land, make any arrangement with a person having an interest in such land, including the grant of other lands in exchange. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 9-5 • SALIENT FEATURES OF KP LAND ACQUISITION RULES 2020 FOR MERGED AREAS Rule Feature Procedures for acquisition in merged areas. • After fulfilling requirements of rules 3 and 4, the Collector shall issue notification under section 4 of the Act (LAA 1894) stating clearly the name of the revenue estate of locality, tehsil, details of dimension and boundaries, GPS coordinates and identification 18 numbers if any. • The Collector shall submit his survey report together with relevant documents to the Commissioner no later than 15 days from publication of the notification under section 4 of the Act • Notification in the official gazette under section 5 of the Act as regards the acquisition • Public notice of the notification by the Collector in conspicuous places on or near the proposed land to be acquired 19 Disposal of objections Qaumi Commission – the Collector after approval of by the Committee under Rule 10 will notify a Qaumi Commission of elders coprising of members up to twenty in number, from amongst the notables of the area where the land is proposed to be acquired. The responsibilities of the Qaumi Commission include: • Assisting the Acquiring Agency in the determination of ownership of the land 20 • Assisting in assessment of price and compensation • Resolving any dispute as to the ownership or share of any person in the land • Acting on behalf of the owners of land and transferring the land in favor or Acquiring Department free from any encumberance The disbursement of the cost and compensation amount among the land owners shall be the responsibility of the Collector. Cost assessment and determination of ownership – by the Collector 21 through the Qaumi Commission 22 Placement of cost assessment before the Committee and approval 23 Publishing the list of owners by the Collector 24 Procedure on receipt of objections KPRIISP Page No. Environmental and Social Management Framework (ESMF) 9-6 Rule Feature 25 Announcement of award Power of Attorney by land owners – a power of attorney may be executed by the land owners in favor of the members of the Qaumi Commission or 26 any other person duly registered under the prevailing registration law for receiving the amount on behalf of the owners Liability for any omission or act – members of the Qaumi Commission shall be personally liable for any omission or commission, whether due to 27 fraud, negligence, or otherwise regarding any matter within their responsibilities in the process 28 Honoraria to the members of Qaumi Commission Certain Provision of the Code of Civil Procedures 1908 to apply – section 29 75 and Order XXVI shall apply to the proceedings of the Qaumi Commission The provisions of Part IV not be applicable to lands situated in merged areas for which record of rights exists, whether in digitized or in manual 30 form, and where land shall be acquired on normal process of compulsory acquisition or through private negotiations • ENTITLEMENTS MATRIX Entitled Persons Entitlement Implementation Type of loss No. (Beneficiaries) (Compensation Package) issues/Guidelines Market price of the land will be computed by the District price assessment committee keeping in Market value of land free of view the recent Loss of taxes, registration, and transactions in the area, agricultural Legal owner(s) transfer costs, and including quality of land and 1. land, pond, of land 15% compulsory land demand of the land ditches and acquisition surcharge (CAS) owners. orchards etc. The Project or relevant public land holding agency through District Collector will pay cash compensation through crossed cheque. Loss of Land owners as Value of land as determined Market price of the land 2. agricultural determined by by Qaumi Commission, will be computed by the land, pond, traditional rights competitive with the market Qaumi Commission KPRIISP Page No. Environmental and Social Management Framework (ESMF) 9-7 Entitled Persons Entitlement Implementation Type of loss No. (Beneficiaries) (Compensation Package) issues/Guidelines ditches and and/or Qaumi rate and free of taxes, keeping in view the recent orchards etc. Commission (in registration, and transfer transactions in the area, NMD areas costs quality of land and without land demand of the land records) owners. The Project or relevant public land holding agency through District Collector will pay cash compensation through crossed cheque. Land for land compensation with plots of equal value and Market price of the land productivity to the plots lost; will be computed by the ensuring economic viability of District price assessment the new land and also committee keeping in Farmers/ Title ensuring that the APs’ view the recent holders livelihood is not negatively transactions in the area, affected or;Provision of quality of land and Loss of access livelihood restoration support demand of the land 3. to cultivable land Landowners with customary (i.e, inclusion in the owners. rights Livelihood Restoration Plan). The Project or relevant Cash compensation plus public land holding 15% CAS for affected land at agency through District replacement cost based on Collector will pay cash market value free of taxes, compensation through registration, and transfer crossed cheque. costs Land for land compensation with plots of equal value and Market price of the land Farmers/ productivity to the plots lost; Owners as will be computed by the ensuring economic viability of Qaumi Commission identified by the the new land and also Qaumi keeping in view the recent ensuring that the APs’ transactions in the area, Commission in livelihood is not negatively NMD areas quality of land and Loss of access without affected or;Provision of demand of the land 4. land livelihood restoration support to cultivable land records owners. (i.e, inclusion in the The Project or relevant Livelihood Restoration public land holding Landowners Plan).Cash compensation for agency through District with customary affected land at replacement Collector will pay cash rights cost as determined by Qaumi compensation through Commission, competitive crossed cheque. with the market value and free of taxes, registration, and transfer costs Loss of access Leaseholders Renewal of lease contract in Market price of the land 5. to cultivable (registered or other plots of equal value/ will be computed by the land productivity of plots lost, or District price assessment not) committee or Qaumi KPRIISP Page No. Environmental and Social Management Framework (ESMF) 9-8 Entitled Persons Entitlement Implementation Type of loss No. (Beneficiaries) (Compensation Package) issues/Guidelines Cash equivalent to market Commission keeping in value of gross yield of view the recent affected land for the transactions in the area, remaining lease years (up to quality of land and a maximum of 3 demand of the land years).Provision of livelihood owners. restoration support (i.e, The Project or relevant inclusion in the Livelihood public land holding Restoration Plan). agency through District Collector will pay cash compensation through crossed cheque. Market value of the harvest will be computed Cash equivalent to market by the District price value of the lost harvest assessment committee or share once (temporary Qaumi Commission impact) or twice (permanent keeping in view the recent Loss of access Sharecroppers impact). transactions in the area, 6. to cultivable (registered or land not) Provision of livelihood The Project or relevant restoration support (i.e, public land holding inclusion in the Livelihood agency through District Restoration Plan). Collector will pay cash compensation through crossed cheque. Cash indemnity corresponding to their salary (including portions in kind) for The Project or relevant the remaining part of the public land holding Loss of access Agricultural agricultural year. agency through District 7. to cultivable workers losing Collector will pay cash land their contract Provision of livelihood compensation through restoration support (ie, crossed cheque inclusion in the Livelihood Restoration Plan). One rehabilitation allowance equal to market value of 1 The Project or relevant gross harvest (in addition to public land holding Loss of access Unauthorized crop compensation). agency through District 8. to cultivable occupants Provision of livelihood Collector will pay cash land restoration support (i.e, compensation through inclusion in the Livelihood crossed cheque Restoration Plan). Loss of Legal owner(s) Market value of land Market price of the land homestead/ of the land including 15% compulsory will be computed by the residential/ land acquisition surcharge District price assessment 9. commercial/ Lump sum dislocation committee keeping in Common allowance per household to view the recent Property cover transport expenses transactions in the area, KPRIISP Page No. Environmental and Social Management Framework (ESMF) 9-9 Entitled Persons Entitlement Implementation Type of loss No. (Beneficiaries) (Compensation Package) issues/Guidelines Resources(CP and livelihood expenses for quality of land and R) plots by one month (to be calculated demand of the land owners/authoriti on the basis of Cost of Basic owners. es Needs (CBN) per person). Provision of basic Project or relevant public infrastructures at new land holding agency resettlement area such as through District Collector access road, drinking water will pay for the land. supply, sanitation, schools, Project will develop the electricity, mosque, health resettlement sites with facility and commercial area provision of basic free of cost. amenities as electricity, Those households moving on potable water, roads their own (i.e., self-managed relocation) will receive an additional amount as allowances for self-managed relocation. L Value of land a as determined by the Qaumi n Commission d with market and competitive rates. o Lump sum w dislocation Value of the land will be allowance per computed by Qaumi n household to cover transport expenses Commission keeping in e view the recent and livelihood expenses for r transactions in the area, Loss of one month (to be calculated on the basis s of Cost of Basic quality of land and homestead/ aper person). demand of the land residential/ Needs (CBN) s of owners. commercial/ Provision basic d infrastructures at new 10. Common Project or relevant public Property resettlement earea such as access road, t drinking water land holding agency Resources(CP through District Collector R) plots by supply, sanitation, e schools, electricity, mosque, health will pay for the land. owners/authoriti r es facility and commercial area Project will develop the free of cost. m resettlement sites with i Those households moving on provision of basic n self-managed their own (i.e., amenities as electricity, relocation) will e receive an potable water, roads additional d amount as allowances forb self-managed relocation. y t r a d KPRIISP Page No. Environmental and Social Management Framework (ESMF) 9-10 Entitled Persons Entitlement Implementation Type of loss No. (Beneficiaries) (Compensation Package) issues/Guidelines i t i o n a l r i g h t s a n d / o r Q a u m i C o m m i s s i o n ( i n a r e a s o f N M KPRIISP Page No. Environmental and Social Management Framework (ESMF) 9-11 Entitled Persons Entitlement Implementation Type of loss No. (Beneficiaries) (Compensation Package) issues/Guidelines D s w i t h o u t l a n d r e c o r d s ) Person with legal ownership of the land Person with ownership of the land as identified by the Values of lost items Qaumi computed based on 11. Loss of trees Commission Market value of the lost item Resettlement Field Socially Survey (RFS) and rates recognized taken from local market owner/ unauthorized occupant of the trees Legal titleholder Applicable to all structures Owner(s) of Replacement value of located within the Loss of structures residential structure. acquisition areas. residential /commercial Lump sum Relocation grant 12. structure by Owner(s) of the District Collector with per affected Household to expertise from Works and owner(s) structures as cover transport expenses identified by the Services Department will and livelihood expenses for determine the Qaumi one month (to be calculated Commission replacement value KPRIISP Page No. Environmental and Social Management Framework (ESMF) 9-12 Entitled Persons Entitlement Implementation Type of loss No. (Beneficiaries) (Compensation Package) issues/Guidelines on the basis of CBN per person). Special assistance of one- time payment for each female, disabled, elderly headed and very poor households. Owner will be allowed to take away all salvageable materials free of cost. Relocation grant per affected Informal settlers structure. Applicable to all structures / squatters / located within the Loss of non-tilted APs acquisition areas. residential Special assistance of one- occupying /commercial time payment for each public land 13. structure by female, disabled, elderly District Collector with without title or squatters and headed and poor expertise from Works and traditional unauthorized households. Services Department will rights/ or occupants determine the squatting on Govt. land Owner will be allowed to take replacement value away all salvageable materials free of cost. Affected tenants will receive cash compensation of a value proportionate to the duration of the remaining lease period, or three Applicable to all structures months, whichever is higher. located within the Loss of access acquisition areas. to residential Relocation grant per affected houses/ Tenants of structure. 14. commercial rented/ leased District Collector with properties Special assistance of one- structures time payment for each expertise from Works and female, disabled, elderly Services Department will headed and very poor determine the households. replacement value Owner will be allowed to take away all salvageable materials free of cost. Cultivators Crop compensation in cash Applicable for all crops identified by at full market rate for one standing on land within District harvest (either winter or the acquisition area at the Loss of Collector summer) by default for time of dispossession. 15. standing crops through land impacts caused by the acquisition project activities. survey, Project or relevant public including land holding agency will KPRIISP Page No. Environmental and Social Management Framework (ESMF) 9-13 Entitled Persons Entitlement Implementation Type of loss No. (Beneficiaries) (Compensation Package) issues/Guidelines sharecroppers, All other crop losses will be pay through District tenants and compensated at market rates Collector for crops. squatters. based on actual losses. District Collector with assistance from Department of Agriculture will recommend resettlement value of crops at harvest. Cash compensation equal to one year income, if loss is permanent; Loss of In case of temporary loss, business by Business owners will be Owner/operator cash compensation equal to commercial and paid the entitlements after of the business the period of the interruption 16. business award of compensation by as recorded by of business up to a maximum enterprises of six months or covering the District Collector to the RFS (CBEs) due to period of income loss based owner of premises. dislocation on construction activity.Provision of livelihood restoration support (i.e, inclusion in the Livelihood Restoration Plan). Affected person must Indemnity for lost wages for Household have been an employee Loss of Income the period of business head / of landowner or business and work days interruption up to a maximum 17. employees located in the acquired due to of three months (to be identified by the lands for at least twelve displacement calculated on the basis of RFS months, as identified by Cost of Basic Needs (CBN), the RFS. Lump sum one time livelihood assistance Poor and allowance (to be calculated vulnerable on the basis of Cost of Basic households Needs (CBN) per person) on including account of livelihood women headed restoration support. Poor and Vulnerable household household, 18. vulnerable must be identified during households Temporary or permanent households RFS. below poverty employment during line, disabled construction or operation, persons where ever feasible. identified by RFS Provision of one time moving assistance to cover transport expenses, where applicable. Displacement of Community Land for common The project will construct the 19. community structures will be structure structures for common structure purchased/ acquired by representative properties in the self- the Project or relevant KPRIISP Page No. Environmental and Social Management Framework (ESMF) 9-14 Entitled Persons Entitlement Implementation Type of loss No. (Beneficiaries) (Compensation Package) issues/Guidelines as identified by managed resettlement sites public land holding the RFS selected by the PAPs. agency . Temporary Temporary impact during Community / Compensation equal to loss 20. impact during construction will be Individual during construction construction computed by the Project. The unforeseen impacts will be identified through Concerned Entitlements will be special survey by the Unforeseen 21. impacted determined as per the Project. The entitlements impact persons resettlement framework will be approved the Board of Revenue and concurred by the WB. Board of Revenue and concerned department with the help of LAC will be responsible for the Concerned Replacement of affected 22. Public Structure replacement of the Department structures affected public structures with the financial assistance of the project at appropriate site. One time severe impact allowance per household. Severe impact allwance will be based on market value of a 1 year’s gross yield of the land lost. In case of severe The one time severe Persons losing impact on other income, the impact allowance will be more than 10% APs will be paid additional 23. Severe impact paid by Project or relevant of their income compensation corresponding public land holding from all sources to 3 months of minimum agency . subsistence income One person from the household will be eligible for labor work or job according to their skills and education. KPRIISP Page No. Environmental and Social Management Framework (ESMF) 9-15