Lao People's Democratic Republic Peace Independence Democracy Unity Prosperity **************** SOUTH EAST ASIA DISASTER RISK MANAGEMENT (SEA DRM) PROJECT FOR LAO PDR Project ID No: P170945 Component 1: Integrated Urban Flood Risk Management In Muang Xay, Oudomxay (ODX) Province Final Environmental and Social Management Plan (ESMP) Volume II - Attachments Prepared by: DEPARTMENT OF WATERWAYS MINISTRY OF PUBLIC WORKS AND TRANSPORT LANXANG AVENUE, VIENTIANE, LAO PDR (Updated) 24 March 2022 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Table of Contents ACRONYMS AND ABBREVIATIONS ..................................................................................... II ATTACHEMNT 1: DETAILS ON PROJECT DESCRIPTION .............................................. 1 ATTACHMENT 2: AGREEMENTS OF QUARRY, BORROW PIT AND DISPOSAL SITES, AND PERMISSIONS .................................................................................................... 10 ATTACHMENT 3: SUMMARY OF HISTORICAL FLOODS AND PRESENT RIVER CONDITIONS ............................................................................................................................. 27 ATTACHMENT 4A: ENVIRONMENTAL AND SOCIAL BACKGROUND IN OUDOMXAY PROVINCE......................................................................................................... 39 ATTACHMENT 4B: LABORATORY RESULTS OF WATER, AIR AND NOISE QUALITY ANALYSIS (NEW) .................................................................................................. 41 ATTACHMENT 5A: RESULTS FROM SAFEGUARD SCREENING ................................ 47 ATTACHMENT 5B: KEY ISSUES AND MITIGATION MEASURES FOR ODX PROJECT ESMP AND C-ESMP ............................................................................................... 54 ATTACHMENT 6: PROJECT ENVIRONMENTAL CODE OF PRACTICE (ECOP) ...... 85 ATTACHMENT 7: PROJECT CODE OF CONDUCT (COC) ON GENDER-BASED VIOLENCE (GBV) AND VIOLENCE AGAINST CHILDREN (VAC) .............................. 104 ATTACHMENT 8: SAMPLE FORM ON GRM MONITORING AND ACCIDENT REPORT .................................................................................................................................... 120 ATTACHMENT 9: CONTINGENCY PLANNING IN RESPONSE TO COVID-19......... 123 ATTACHMENT 10: NOTES FROM CONSULTATION MEETINGS WITH PROVINCIAL OFFICIALS AND LIST OF PARTICIPANTS ............................................ 126 ESMP Attachment 1-10, July 2020, updated in March 2022 i Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province ACRONYMS AND ABBREVIATIONS AF Additional Financing AHs Affected Households ARAP Abbreviated Resettlement Action Plan BD Bidding Document CD Contract Document C-ESMP Contractor Environmental and Social Management Plan COC Code of Conduct on GBA and VAC COI Corridor of Impact CSC Construction Supervision Consultant DAFO District Agriculture and Forestry Office. DOE Department of Environment DMS Detail Measurement Survey DONRE Department of Natural Resources and Environment DOW Department of Waterways DPWT Department of Public Works and Transport DRM Disaster Risk Management DRR Disaster Risk Reduction DUPH Department of Urban Planning and Housing EIA Environmental Impacts Assessment ECC Environmental Compliance Certificate ECOP Environment and Social Code of Practice EDPD Environmental Research and Disaster Prevention Division (of PTI) EG Ethnic Group EGEF Ethnic Group Engagement Framework EGEP Ethnic Group Engagement Plan ESHS Environmental, Social, Health, and Safety ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plan FE Field Engineer GBV Gender-Based Violence GDP Gross Domestic Products GCLS Grievance and Complaints Logging System’ GOL Government of Lao PDR GRC Grievance Redress Committee GRM Grievance Redress Mechanism GRS Grievance Redress Service IEE Initial Environmental Examination ISWS Implementation Support and Works Supervision Lao PDR Lao People’s Democratic Republic ESMP Attachment 1-10, July 2020, updated in March 2022 ii Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province LDRM-AF Lao Disaster Risk Management Additional Financing LFND Lao Front for National Development LWU Lao Women’s Union M&E Monitoring and Evaluation MM Mitigation Measure MOF Ministry of Finance MONRE Ministry of Natural Resources and Environment MPI Ministry of Planning and Investment MPWT Ministry of Public Works and Transport NPA National Protected Areas NSEDP National Socio-economic Development Plan ODX Oudomxay Province O&M Operation and Maintenance OP/BP World Bank Operational Policies PAH Project Affected Households PAP Project Affected People PDR People's Democratic Public PIU Project Implementation Unit PMU Project Management Unit PTI Public Works and Transport Institute PURP Public Utility Relocation Plan RAP Resettlement Action Plan ROW Right of Way RPF Resettlement Policy Framework SEA Sexual Exploitation and Abuse TA Technical Assistance TOR Terms of Reference UDAA Urban Development and Administration Authority UXO Unexploded Ordinance VAC Violence against children VEG Vulnerable Ethnic Groups VAWG Violence against Women and Girls WB World Bank WBG World Bank Group WCMP Worker Camp Management Plan ESMP Attachment 1-10, July 2020, updated in March 2022 iii Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province ATTACHEMNT 1: DETAILS ON PROJECT DESCRIPTION 1. This Attachment presents additional details on the proposed description of Oudomxay (ODX) Project related to locations of the river works and conceptual design of the public Parks being proposed for construction under procurement both Lot 1 and Lot 2. A1.1 Map showing locations of the river works in Nam Kor and Nam Mao. Figure A1-1 Locations of the river works in Nam Kor and Nam Mao. ESMP Attachment 1-10, July 2020, updated in March 2022 1 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Table A1-1 Sections of the Nam Kor and Nam Mao Rivers Length Section Lot Riverside Location (km) SEC.LEFT Lot 2 Left Nam Kor Br. 5 ~ Nam Kor Br. 1 3.52 Lot 2 Right Nam Mao Br. ~ Nam Kor Br. 2 5.02 SEC.RIGHT Lot 1 Right Nam Kor Br. 2 ~ Nam Kor Br. 4 1.32 Total 9.86 A1.2 Design Concept of the River Dike and some Detailed Design 2. The bank-protection comprises of the dumping rip-rap, masonry structure, environmental concrete block and gabion box typically used in Lao PDR. 3. Figures A1-2 to A1-2 show samples of works along the Mekong River in Vientiane Capital and some detailed designs for the ODX Project. ESMP Attachment 1-10, July 2020, updated in March 2022 2 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Figure A1-1 Dumping Rip-rap in the MRIMP in Vientiane (Phase 1), Masonry Structure, environmental block used in Lao PDR Figure A1-2 Design of riverbank works for the ODX Project ESMP Attachment 1-10, July 2020, updated in March 2022 3 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province A1.3 Riverside Road and Parks 4. Figures A1-4 to A1-6 shows the concept of riverside parks and some detailed designs of the riverside road and Park 2 works and the movable weir for the ODX Project. Figure A1-3 Location and concepts of Proposed Riverside Parks and Movable Weir Figure A1-4 Project aim ESMP Attachment 1-10, July 2020, updated in March 2022 4 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Figure A1-5 Design of the riverside road works and Park 2 A1.5 Movable Weir 5. The Nam Kor Weir was designed to secure water-friendly space using storage water from river and to promote sports, tourism and culture. The Nam Kor Weir is located at No. 17 which is approximately 300 m away from the upstream of Nam Kor Bridge No. 4. The Nam Kor Weir is to maintain the water level for activities such as boat racing along with the upstream proposed Riverside Park. In particular, to cope with the flood hazard that can be caused by fixed facilities, movable weir was selected to secure the discharge during flood events, and double floodgate type was introduced instead of single floodgate type to deal with emergency cases. 6. The design discharge at the installation site is 1,440 m3/sec, and it is safe to apply L=19.5 m to the span length according to the Korean Design Standards for River. However, considering that the Nam Kor weir installation site is located downstream, the span length was designed to be L=40.22m (2 span). Scale of Nam Kor movable weir is as Tables A1-2 and A1-3 below. 7. Specification of the Proposed Weir. The Nam Kor Weir was designed for a total length of 40.22 m and a 1.5 m height. The base of weir is reinforced concrete structure, and the floodgate consists of two (2) spans of stainless steel plates (19.0m X 1.5m X 2EA), and includes hydraulic facilities on both sides of the floodgate for opening/closing the floodgate. The detailed structure is as follows: ESMP Attachment 1-10, July 2020, updated in March 2022 5 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Hydraulic Facility Flood Gate The Base of Weir Coffer dam for construction of movable weir ESMP Attachment 1-10, July 2020, updated in March 2022 6 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province General Plan Figure A1-6 Movable Weir Table A1-2 Scale of the Movable Weir Length Height Span Interval Apron length on Apron length on Riverbed Name (m) (m) (m) downstream (m) upstream (m) protection (m) Nam Kor 19.5 40.22 1.5 13.7 3.0 12.0 Weir (2 span) Table A1-3 Applied Movable Weir in this Project Division Classification standard Over turning • Performance property: Operate the Movable weir using the hydraulic cylinder type • Features of main materials: Part of stop gate is made of steel Air pressure • Performance property: Movable weir by injecting air (water) into the rubber tube type • Features of main materials: Part of stop gate is made of rubber tube or steel (Air pressure type rubber weir, Improvement of air pressure type movable weir) • Performance property: Operate the Movable weir by placing a rotary shaft on Turning type both ends (left and right) • Features of main materials: Part of stop gate is made of semicircle steel Automatic • Performance property: Operate the moveable weir according to the difference in Watergate water level between upstream and downstream. type • Features of main materials: Part of stop gate is made of steel A1.5 Urban drainage improvement and other drainage facilities 8. Figure A1-4 presents the 17 small catchment areas for Muang Xay while Tables A1-4 and A1-5 provide details on the proposed drainage improvement and other facilities. ESMP Attachment 1-10, July 2020, updated in March 2022 7 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Figure A1-7 Location Map of the Catchment Areas in Muang Xay Table A1-4 Design Dimensions of New Drainages Catchment Discharge Applied Size Drainage River Design Area (km2) (m3/s) (Diameter, mm) DR01 Nam Kor 0.084 0.18 1,000 Pipe Culvert DR02 Nam Kor 0.192 0.42 1,000 Pipe Culvert DR03 Nam Kor 0.130 0.28 1,000 Pipe Culvert DR04 Nam Kor 0.299 0.65 1,000 Pipe Culvert DR05 Nam Kor 0.376 0.82 1,000 Pipe Culvert DR06 Nam Kor 0.192 0.42 1,000 Pipe Culvert DR07 Nam Kor 0.076 0.16 1,000 Pipe Culvert DR08 Nam Kor 0.371 0.80 1,000 Pipe Culvert DR09 Nam Kor 0.405 0.88 1,000 Pipe Culvert DR10 Nam Kor 0.040 0.09 1,000 Pipe Culvert DR11 Nam Kor 0.307 0.66 1,000 Pipe Culvert DR12 Nam Mao 0.467 1.01 1,000 Pipe Culvert DR13 Nam Mao 0.060 0.13 1,000 Pipe Culvert DR14 Nam Mao 1.225 2.65 2m x 2m Box Culvert DR15 Nam Mao 0.210 0.46 1,000 Pipe Culvert DR16 Nam Mao 0.466 1.01 1,000 Pipe Culvert ESMP Attachment 1-10, July 2020, updated in March 2022 8 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Catchment Discharge Applied Size Drainage River Design Area (km2) (m3/s) (Diameter, mm) DR17 Nam Mao 0.276 0.60 1,000 Pipe Culvert Table A1-5 Side Ditch Plan River Location (Station No.) Length (m) Ditch Type 0+318 ~ 0+550 245 Concrete (0.5x0.5) Nam Kor 0+816 ~ 0+920 108 Concrete (0.5x0.5) 0+154~0+206 55 Concrete (0.5x0.5) Nam Kor 0+248~0+546 197 Concrete (0.5x0.5) 0+725~0+775 50 Concrete (0.5x0.5) Nam Kor 0+470~0+742 272 Concrete (0.5x0.5) Nam Kor 0+210~0+654 282 Concrete (0.5x0.5) Nam Kor 0+000 ~ 0+248 227 Concrete (0.5x0.5) Nam Kor 0+110~1+046 928 Concrete (0.5x0.5) 0+090~0+280 190 Concrete (0.5x0.5) Nam Mao 0+765~0+950 170 Concrete (0.5x0.5) 1+010~1+495 510 Concrete (0.5x0.5) 0+625~0+700 75 Concrete (0.5x0.5) Nam Mao 1+210~1+253 43 Concrete (0.5x0.5) Total 3,352 ESMP Attachment 1-10, July 2020, updated in March 2022 9 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province ATTACHMENT 2: AGREEMENTS OF QUARRY, BORROW PIT AND DISPOSAL SITES, AND PERMISSIONS 1. This Attachment presents the locations for borrow pits and the proposed disposal sites for the unusable excavated materials (spoil) for ODX subproject as well as the agreement with village for the use of borrow pit and land owners for the use of land for spoil disposal. 2. To address UXO risk for the Lot 1, a budget of $30,000 was included as part of the contract cost and a UXO clearance report is prepared separately. In late August 2021, UXO technical survey was completed and a certificate has been issued by the national agency (NRA). 3. Figures below shows agreement with the village for the use of borrow-pit, agreement with land owners for the use of disposal sites, and UXO clearance certificate, borrow areas, quarry sites, disposal areas and worker camps. Figure A2-1 UXO clearance certificate for Lot 1 (August 2021) ESMP Attachment 1-10, July 2020, updated in March 2022 10 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Figure A2-2 Agreement on Borrow Pits ESMP Attachment 1-10, July 2020, updated in March 2022 11 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province ESMP Attachment 1-10, July 2020, updated in March 2022 12 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province ESMP Attachment 1-10, July 2020, updated in March 2022 13 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province ESMP Attachment 1-10, July 2020, updated in March 2022 14 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Figure A2-3 Quarry Procurement Contract and Company Operation License ESMP Attachment 1-10, July 2020, updated in March 2022 15 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province ESMP Attachment 1-10, July 2020, updated in March 2022 16 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province ESMP Attachment 1-10, July 2020, updated in March 2022 17 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Figure 2A-4 Agreements on Disposal Areas ESMP Attachment 1-10, July 2020, updated in March 2022 18 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province ESMP Attachment 1-10, July 2020, updated in March 2022 19 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province ESMP Attachment 1-10, July 2020, updated in March 2022 20 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province ESMP Attachment 1-10, July 2020, updated in March 2022 21 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province ESMP Attachment 1-10, July 2020, updated in March 2022 22 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province ESMP Attachment 1-10, July 2020, updated in March 2022 23 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province ESMP Attachment 1-10, July 2020, updated in March 2022 24 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province ESMP Attachment 1-10, July 2020, updated in March 2022 25 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Figure A2-5 Agreement on Worker Camps ESMP Attachment 1-10, July 2020, updated in March 2022 26 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province ATTACHMENT 3: SUMMARY OF HISTORICAL FLOODS AND PRESENT RIVER CONDITIONS A3.1 Summary of Historical Floods 1. Oudomxay Province occurred flash floods with serious damaged properties and loss of life in the Muang Xay City, in 1945, 1985, 2008, 2013 and 2017. From semi-structured interviews and focus groups with stakeholders it was confirmed that: • From 1985 onwards 4 major flood events have occurred (1985, 1992, 2008 and 2017) due to river flooding • Pluvial floods occur every year at various times in the city 2. The most recent flood event in August 2017, one person died in Xay District and value of property lost due to the flood was approximately 3.9 billion kip (400,000 US$) in Xay and La Districts. Public infrastructure damaged included 22 electricity poles and one bridge and one school building while private infrastructure affected included at least 16 houses and two petrol stations. 3. Lessons learned in the previous flood events, there are lack of infrastructures for flood risk mitigation and robust early warning system. Those kinds of flood event impacted serious damage to economic losses in agriculture, public and private assets, and to economic growth in tourism and industry in Muang Xay. (1) Flood Event in 1985 4. The flood was a flash flood event that occurred after a week of heavy rain which caused the Nam Kor and Nam Mao rivers to overflow in 1985. The flood event hit Ban Lak 11 at about 3 AM on 25 August before reaching Muang Xay at about 5 AM. Fifty-two people were reported killed in the 1985 event with most of the victims DAFO staff. The 1985 flood event is remembered by local residents and GOL officials as the worst flood event in Muang Xay. Villagers had to band together as a community to recover from the flood and relatives from other areas also provided key support to flood affected households. The provincial hospital in 1985 was located near the site of the proposed river diversion at Park 2. At the peak of the flood the hospital was 1.1m under water and the damage sustained caused it to close for one week. (2) Flood Event in 1992 5. The flash flood event in 1992 occurred due to a landslide. Muang Xay city was not significantly affected but there was significant damage to the Tad Lak 11 waterfall, a prominent tourism site in Xay District. The flash flood changed the landscape around the waterfall and huts, a shop and a restaurant surrounding the waterfall were destroyed by landside. (3) Flood Event in 2008 6. In August 2008, heavy rain caused the Nam Kor River to flood in Muang Xay at about 3 AM in the morning. The water levels in Muang Xay increased slowly during the flood ESMP Attachment 1-10, July 2020, updated in March 2022 27 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province event which lasted about 6 hours. Many upstream villages also contacted downstream villages to warn them of the coming flood and this allowed many communities to respond and move assets to areas safely above the flood peak. Only the Lue Xay Market and a few villages located near the Nam Kor River banks received significant damage from the flood event. Most services such as electricity and water supply were able to operate with only minimal disruption. The irrigation sector reported the most significant damage with losses total 236,482,400 Kip. Figure A3-1 Flood Map in 2008 Source) Infrastructure Development Institute 2009 (4) Flood Event in 2013 7. The flash flood in 2013, didn’t significantly impact Muang Xay but nineteen villages in Xay district were affected. Fifty residential houses across six districts in Oudomxay Province were flushed away completely including five residential houses in Xay district who have since relocated to new areas. Seventeen people (ten females) in Oudomxay were killed in the 2013 flood including one male from Muang Xay. Various sectors were damaged with estimate losses including irrigation 4,196,000,000 Kip; electrical power grid 573,826,698 Kip; agriculture, livestock and fishery 7,291,396,201 Kip; public works and transport 19,633,639,000 Kip; education 391,184,000 Kip; asset 967,909,000 Kip and water supply 35,000,000 Kip. (5) Flood Event in 2016 8. According to the provincial flood damage report, twenty-three villages were affected by the flood event between 12 and 15 August 2016. The estimated damage cost for the Nam Mao Pump House was 70,227,850 Kip. The main damage items from the flood are listed in Table A3-4 and Table A3-5. Table A3-1 DAFO Damage and Loss Data 2016 No. Damaged List Damaged Cost (LAK) 1 Bridge 33,500,000 2 Irrigation 1,111,707,936 3 Plantation 934,470,000 ESMP Attachment 1-10, July 2020, updated in March 2022 28 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province 4 Animal and Fishing 99,866,000 5 Road 33,500,000 Source) DAFO Report, 22 August 2016 Table A3-2 DONRE Damage and Loss Data 2016 No. Damage List Damaged Cost (LAK) 1 Residential House 8,600,000 2 Restaurant 500,000,000 3 Shifting Cultivation 2,250,000 4 Paddy Rice 604,800,000 5 Corn Farm 120,640,000 6 Irrigation 305,713,483 7 Canal 3,228,913 8 Animal 84,000,000 Source) DONRE Report, 14 September 2016 (6) Flood Event in 2017 9. According to the provincial report, rainfall recorded during the 4 and 5 August 2017 measured 132.22 mm. On 5 August, the flood event in Muang Xay lasted between 7 AM and 6 PM. Letters were sent out to villages warning of the likelihood of flooding at the start of the wet season but there was no formal warning just prior to the event despite heavy rainfall for the 3 preceding days. 10. A total of 441 people (258 females) from seventy-eight households were reported to have been directly impacted by the flood in Muang Xay. One person was killed, nine houses were destroyed and another 40 houses were badly damaged. Water supply was only interrupted in a few areas but many villages lost electricity supply during and after the flood event. Distribution of relief supplies was an issue in some villages because damage loss information was collected over a very short time period on the day of the flood event and this prevented village authorities from obtaining a full list of losses from villagers. This resulted in some households receiving no relief despite sustaining significant flood related losses. Damage costs from the PDPCC report are listed in Table A3-6. Table A3-3 Estimated Damage Cost in Flood 2017 No. Sector Damaged Cost (LAK) 1 Irrigation 1,110,500,000 2 Electrical Power Grid 1,132,000,000 3 Agriculture, Livestock and Fishery 3,900,100,000* 4 Public Work and Transport 12,418,719,000* 5 Education 23,250,000 6 Assets 7 Water Supply 802,300,715 8 Urban Development Administration Authority (UDAA) 167,300,000 9 Health Facilities 422,917,000 Source) PDPCC report on Flood Affected Assets in Oudomxay on 5 August 2017 Note) * = All of Oudomxay Province ESMP Attachment 1-10, July 2020, updated in March 2022 29 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Figure A3-2 Flood in Muang Xay, 2017 A3.2 Flood Characteristics A3.2.1 Recent Flood 1. Severe rainfall and frequent tropical cyclones are frequently occurred during the rainy season lasting from May until late September in the Project area, which cause repeated flood damages. Oudomxay Province occurred flash floods with serious damaged properties and loss of life in the Muang Xay City, in 1945, 1985, 2008, 2013 and 2017. ▪ From 1985 onwards 4 major flood events have occurred (1985, 1992, 2008 and 2017) due to river flooding 2. In 2008, as a result of a diminishing tropical cyclone and heavy rainfall (recorded maximum daily rainfall was 152.7 mm), one fatality and extensive property damage was inflicted in Muang Xay City. 3. The 2013 flash flood event occurred as a result of torrential rains on 20th ~ 21st August with maximum daily rainfall of 93.6 mm. Seven districts suffered damage to infrastructure, loss of life (17 persons), and loss of agricultural production up to a value of 1,233 million kips (150,000 USD). Flood damage in Muang Xay was largely caused by inundation from the Nam Kor River. 4. The recent flood event of August 2017 was primarily caused by the extreme discharge of the Nam Mao River after severe rainfall in the Nam Mao River. The damage occurred mainly along the Nam Mao River. The Muang Xay experienced high water levels, but limited damage occurred in the downtown, which is downstream of the confluence of the Nam Mao with the Nam Kor River. 5. As with the 2017 flood, most likely, also other flooding events were caused by extreme flows in just one of the upstream rivers such as the Nam Kor, Nam Hin and Nam Mao River. According to the provincial report, rainfall recorded during 4th ~ 5th August measured 132.22 mm. On 5th August, the flood event in Muang Xay lasted between 7 AM and 6 PM. 1 person was died, 9 houses were destroyed and another 40 houses were badly damaged. A3.2.2 Type of Flood Damage 6. Based on the recent flood events, the type of flood damage in Muang Xay is classified by river flood and inter water flood. The flood character by each type is as follows: ESMP Attachment 1-10, July 2020, updated in March 2022 30 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province (1) River Flood 7. Based on historical flood events, the frequency of river flood is a low, but if river flood occurs, it causes significant damage in Muang Xay. One of the reasons for the river flood is the lack of discharge capacity in the river channel, and the other is the failure to share flood discharge in the basin. (2) Inland Flood 8. The inland flood due to internal water in the Muang Xay is characterized by relatively frequent occurrence despite small amount of rainfall in the basin of Nam Kor, Nam Hin and Nam Mao, and the damage is relatively small scale compared to river flood. The reason for occurrence of inland flood is that the capability of the drainage sector is small and there is a lack of planning and management for drainage system in Muang Xay. A3.3 River Conditions A3.3.1 The Nam Kor River 9. The upstream area of the Nam Kor River has relatively narrow width, there are no facilities for flood control within basin. The erosion of the Nam Kor River is currently in progress, and sediment resulting from erosion are deposited at downtown of Muang Xay, where the flow velocity is reduced. In particular, it can be caused problem on insufficient cross-sectional area of flow in downtown of Muang Xay during flooding period. Figure A3-3 Present Condition at the Upstream of the Nam Kor River 10. The downstream area of the Nam Kor River, which flows through the downtown of the Muang Xay, is adjacent to the residential section. Both sides of the river have unsecured area to protect flooding such as levee and bank protection. The downtown of the Muang Xay, located confluence by 3 rivers such as Nam Kor River, Nam Mao River and Nam Hin River, also has flood-prone topographical features as bottlenecks. ESMP Attachment 1-10, July 2020, updated in March 2022 31 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Figure A3-4 Present Condition at the Downstream of Nam Kor Bridge 5 A3.3.2 The Nam Mao River 11. The Nam Mao River has relatively wide width and gentle slope compared to nearby rivers such as the Nam Kor River and the Nam Hin River. The Theow Weir, which has width of 25 m and crest elevation of 653.33 MSL, is located just upstream of the De Yin Bridge in the middle part of the Nam Kor River. Figure A3-5 Present Condition at the Downstream of the Nam Mao Bridge Figure A3-6 Present Condition at the Nam Mao River Weir at the Upstream of the Nam Mao Bridge (De Yin Bridge) A3.3.3 The Nam Hin River 12. The upstream area of the Nam Hin River has relatively narrow width and a reservoir without water-gate to control flood. The high-speed railway between Vientiane and China is located at the downstream area of the Nam Hin River. ESMP Attachment 1-10, July 2020, updated in March 2022 32 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Nam Hin Reservoir Rapid Railway under Construction Figure A3-7 Present Condition at the Nam Hin River A3.4 Problems A3.4.1 The Discharge Capacity of the River 13. River flooding is caused by heavy rainfall in the upstream catchment or basin, leading to high river discharges and overtopping of rivers. There are no facilities such as dike, embankment, water gate and weir to prevent flooding of the high water level in Nam Kor River, Nam Hin River and Nam Mao River. As the erosion accumulates during the flood, the slope of the river also becomes more gradually gentle. Figure A3-9 Shows concept for river improvement in shortage of discharge capacity. Upstream Section of the Nam Kor River Downtown Section of the Muang Xay Figure A3-8 Insufficient Discharge Capacity of the Nam Kor River "Levee" to share excess flood by raising the embankment ESMP Attachment 1-10, July 2020, updated in March 2022 33 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province "Levee" to share excess flood by widening the river width “Dredging� to lower flood level by removing sediment from river bed Figure A3-9 Concept Design for the River Improvement A3.4.2 Drainage Capacity of Urban Area 14. Pluvial flooding occurs when high-intensity local storm events lead to urban flooding due to insufficient drainage capacity or bottlenecks in the urban drainage system of the Muang Xay. Figure A3-10 shows concept of general flooding due to internal and external water in downtown. Drainage Outlet near the Market Drainage Outlet near the Stadium Ordinary Flooding due to back water Flooding due to overflow Figure A3-10 Conceptual Diagram for Inundation A3.4.3 Heavy Rainfall by Climate Change 15. The Climate change caused by global warming is causing abnormal weather conditions, with large amounts of rainfall all at once in the river basin. The Muang ESMP Attachment 1-10, July 2020, updated in March 2022 34 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Xay in Northern Lao PDR, which is the target area for this service, is also not an exception, and it has been an increase in heavy rainfall due to climate change. However, the current condition of the Nam Kor River that passes through Muang Xay is so lacking in discharge capacity to protect from torrential heavy rain caused by climate change. 16. Therefore, a comprehensive approach is needed to reduce flood damage, and it is also necessary to find an optimal measure by dividing the portion to be shared by basin and the portion to be shared by river channel. Figure A3-11 show concept for flood allocation by river channel and Figure 3-12 shows concept for flood allocation by river basin. Figure A3-11 Concept for Flood Allocation by River Channel Figure A3-12 Concept for Flood Allocation in River Basin A3.4.4 Bank Erosion 17. The bank erosion process of Lao PDR is an entirely natural process since the river has a high hydraulic gradient in this reach. Such conditions combined with erodible bank material cause the river to meander. Riverside surveys undertaken by the consultant identified that the season when erosion is most active is towards the end of the flood season during October and November. One of the main reasons why bank erosion is so severe during this time seems to be connected to soil moisture. At the end of the wet season the soil of the river bank has maximum moisture content: which increases its weight and makes the river bank more prone to erosion and slippage, particularly when combined with rapidly receding water levels in the river. ESMP Attachment 1-10, July 2020, updated in March 2022 35 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province 18. These processes not only threaten the flood embankment but also infrastructures and residence areas. In the latter case the result is a significant or even a complete loss of property value, while land values close to the river fall markedly. 19. As mentioned above, this damage from bank erosion is also one of the main social problems in the Project area. Table A3-7 shows bank erosion status in the Project area. Table A3-4 Status of Bank Erosion River / Location Nam Kor / Near the Gasoline Station Description: - Severe scouring and erosion at both sides of river General Condition - Houses adjoining to left side of the Nam Kor River River Width: 15 ~ 20m / River Bed: Sand and lay Levee and Bank Protection Type: None River / Location Nam Kor / Near the Phu That Pagoda Description: - Severe erosion at left side of river - Natural river with relatively wide width and gentle slope General Condition - Shortage of park and leisure space for local residents River Width: 20 ~ 25 m / River Bed: Gravel and sand Levee and Bank Protection Type: None ESMP Attachment 1-10, July 2020, updated in March 2022 36 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province River / Location Nam Kor / Near the New Oudomxay Stadium Description: - Houses adjoining along the Nam Kor River - Severe scouring and erosion at both sides of river General Condition - Insufficient cross-sectional area in rainy season River Width: 20 ~ 25 m / River Bed: Gravel, sand and clay Levee and Bank Protection Type: None A3.4.5 River Management 20. The Oudomxay Government has carried out plan for flood control in major district of province including the downtown of the Muang Xay, but is lacking a plan for integrated river management considering geographic and urban character. Therefore, integrated river plan and maintenance measures are required to improve flood control capabilities in downtown of the Muang Xay, and to strengthen the city's resilience in case of flood disaster. A3.5 Needs A3.5.1 Flood Control Plan in the Muang Xay 21. In order to improve the discharge capacity of the Nam Kor River, which flows through downtown of the Muang Xay, it is necessary to establish a plan for flood protection measure in the Muang Xay by preparing various measures such as channel widening, river improvement, levee and bank protection, embankment, and water gates, etc. ESMP Attachment 1-10, July 2020, updated in March 2022 37 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province A3.5.2 Drainage System Improvement Plan in the Muang Xay 22. It is necessary to establish a plan for the Muang Xay drainage system, which can prevent damage caused by inland flood in event of torrential and heavy rain by establishing a drainage network in downtown of the Muang Xay, considering geographical characteristics. A3.5.3 Flow Allocation Plan for Flood Reduction in River Basin 23. The Muang Xay, which is located at the confluence of the three rivers, has a relatively narrow width of river channel, and a residential area along the river. In order to minimize the scale of flood protection measure in downtown of the Muang Xay, the plan should be considered measures at the upper part of river basin to reduce flood flowing into the Muang Xay. Therefore, it is necessary to establish a plan for flood allocation within the river basin by reviewing the facilities (retention pond, dam and reservoir) for reducing flood discharge at the upper area of river basin. A3.5.4 Green Infrastructure and Riverside Park Plan 24. The three measures mentioned above are structural measures for flood protection in downtown of the Muang Xay. It is necessary to consider the riverside park and green infrastructure facilities, which is non-structural measures to be introduced in the river basin, to maximize the effect of the structural measures. ESMP Attachment 1-10, July 2020, updated in March 2022 38 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province ATTACHMENT 4A: ENVIRONMENTAL AND SOCIAL BACKGROUND IN OUDOMXAY PROVINCE 1. This Attachment shows key locations of forest areas in Lao PDR and key resources in ODX Province (A4.1) and ethnicity (A4.2). A4.1 Locations of forest area and other resources Figure A4-1 Location of River Flow Monitoring Station surrounding Muang Xay Figure A4-2 Land Use Map in the Muang Xay ESMP Attachment 1-10, July 2020, updated in March 2022 39 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Figure A4-3 Locations of hospitals, schools, and temples nearby the Project area Figure A4-4 Map of Villages located in Project Area (Lot 1 and Lot 2) ESMP Attachment 1-10, July 2020, updated in March 2022 40 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province ATTACHMENT 4B: LABORATORY RESULTS OF WATER, AIR AND NOISE QUALITY ANALYSIS (NEW) ESMP Attachment 1-10, July 2020, updated in March 2022 41 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province ESMP Attachment 1-10, July 2020, updated in March 2022 42 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province ESMP Attachment 1-10, July 2020, updated in March 2022 43 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province A4.2 Ethnicity in ODX province 1. Oudomxay: The Heart of Northern Laos with four provinces bordering Oudomxay, the province has evolved into tourism crossroads. Inspect its 13-km-long Chom Ong Cave, Nam Kat Waterfall, and Pakbeng on the Mekong, before heading to your next destination. Sources: https://wearelao.com/destinations-northern-laos/oudomxay-heart-northern-laos a) Oudomxay’s History 2. Follow Oudomxay’s past from the fortified “Big Village� to becoming a Lao province. According to some historians, the Khmu were the first people to settle in today’s Oudomxay Province around the year 700. In about 1260, ethnic Lai migrated from Sipsongpanna in Southern China, and built Ban Luang Cheng (Big Village) in the area of today’s Muang Xay. This original Lao Lai Village remains part of Muang Xay and is called Bang Cheng. 3. Lai culture, which followed Buddhism mixed with Khmu traditions, grew and became regionally influential. The Khmu and resident Tai Lue lived together and shared the same rice fields. For protection, they erected fortifications between the villages of Na Sao and Na Lai. In 1828, Hmong tribes from China began to settle in Oudomxay. 4. Oudomxay was a part of Luang Prabang until 1961, when it was declared Souvanhnaphoum Province. The name was changed to Muang Xay Province in 1965, before finally being declared Oudomxay in 1969. In 1987 the provincial capital moved from Ban Nahin to Muang Xay, and in 1992, the districts of Pak Tha and Pha Oudom were reassigned to Bokeo Province. b) Oudomxay's Ethnic Diversity 5. In Oudomxay Province, there are approximately 12 different ethnic groups, of which the largest is the Khmu ethnic group. According to the provincial administration, the Khmu, who are part of the Mon-Khmer linguistic family and include Khmu Lue, Khmu Khong, Khmu Ou, Khmu Bit, constitute approximately 60% of the population. The Hmong Khao ethnic group, the second largest ethnic group, is part of the Hmong Mie and comprises 14% of the ethnic groups. The Tai-Dam ethnic group, the smallest ethnic group, is part of the Tai- Kadai family and comprises 2% of the ethnic groups. Other ethnic groups living in the province include Akha, Phouthai (Thai Dam and Thai Khao), Phou Noi (Phou Xang, Phou Kongsat, and Phou Nhot), Lao Houy (also “Lenten�), Phouan, Ly, Yang, Ikho and Ho ESMP Attachment 1-10, July 2020, updated in March 2022 44 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province (Oudomxay Provincial Information, Culture and Tourism Department). Each of the twelve ethnic minorities has its own languages, cultural heritage and traditions. 6. Khmu are said to be the oldest inhabitants of Northern Lao PDR, and are now settled throughout all Northern provinces and as far as Bolikhamxay Province. Next to the Lao Loum, they are numerically the largest ethnic group in the country. They have several sub- groups which co-reside, including Rok, Luu, Ou, and Khrong. Khmu are strongly governed by spirits, both benevolent and dangerous, which influence foundations of customary law. The world of the spirits consistently influences gender relations, land use and property rights, and change disturbs the relationship between the Khmu and the external world. Different levels of spirits govern different choices made by men and women – some spirits are territorial, associated with particular places or locations, others are associated with the village and under the authority of the territorial spirit. The belief in spirits can influence the choices made by men and women in their daily routine, seasonal activities, property rights and relationships between the sexes. Other spirits govern the structure of the household and are normally ancestral who continue to protect the well-being of families. Lastly, there are individual spirits, linked to the household. 7. Each sub-group may be composed of several patrilineal clans called “ta�. Ta names are totemic, meaning they are taken from a natural object, or animal, or bird, to which the clan considers itself closely related and usually has prohibitions associated with the totem. Among Khmu Lue in Oudomxay, ta may include Teu Mong (a kind of civet cat), Teu va (a kind of fern), Teu Kok (a species of bird), etc. The totem is the household spirit, and membership of a ta depends in which house a child is born. Ta membership determines marriage choices and by association, property rights. 8. Hmong Khao (“White� Hmong) is one of five Hmong sub-groups present in Lao PDR. After Khmu, Hmong has the largest population of all ethnic groups in the country. The Hmong trace their origins in Lao PDR to waves of migration from China in the early years of the 19th century. Causes for this migration attributed by both Hmong respondents and research sources include historical conflict between Hmong and Han Chinese, population growth, unacceptable burden of taxation and refusal to integrate with Han Chinese. Migrated Hmong are now found throughout the northern provinces of Lao PDR, Southern Yunnan, Northern Vietnam and Northern Thailand. 9. Typically, Hmong have settled in the highest areas of the upland, even preferring to be buried on mountain tops. They have a reputation of being both hard working and more recently, assertive in Oudomxay Province over acquiring land and property. Hmong Khao are also structured by clans, or seng (e.g., Toe, Veu, Tsiong, Moa, Lee, Va, Ya, Ha, Ja, and Keu). The seng determines the boundaries of land and property rights, and protects the role of men as transmitters of those rights by constraining women’s choices, particularly as to who and when a woman may marry. 10. Immerse yourself in Oudomxay’s ethnic diversity. The Khmu make up the majority, while the Akha, Lao Loum, Tai Lue, Hmong, and smaller groups round out the population. 11. Lao Loum, or "lowland Lao", inhabit Oudomxay’s river valleys. Traditionally their income has been generated by wet-rice cultivation. Lao Loum villages are characterized by ESMP Attachment 1-10, July 2020, updated in March 2022 45 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province houses on wooden posts to protect them from the annual floods and to cool houses. The space under the house is also used to keep livestock. 12. The Tai Lue began migrating to Oudomxay from Southern China in the 15th century. They are known for their stilt houses with long sloping roofs, and producing strong lao khao liquor and intricate silk and cotton textiles. Tai Lue practice a mix of animism and Buddhism, and most villages have a temple and monks, as well as a sacred pillar where they hold rituals for natural spirits. c) Ethnicity and Religions in ODX in the Project Area 13. The geographical spread of ethnic groups across the 16 project villages including: Lao Lum, Khmu, Phounoi, Hor, Leu, Tai Dam, and Hmong. The population of the villages is dominant by Lao Lum, which covers about 40% (9,757 people; 4998 females) of total population in all villages following by Khmu and Hor. For more information about number of ethnic groups presents in the following tables. 14. A Lao language is the main languages using by Lao Lum. It has recognized as an official language of the country. Lao Lum live in the lowland area of the province and believe in Buddhism. Khmu (often referred to as Lao Theung) traditionally live in the middle hill areas, are animist, tend to practice Swidden agriculture, utilize forest products and are relatively isolated from the dominant lowland culture - although there has been assimilation and integration for centuries. This linguistic family includes 32 ethnic groups and related sub- groups. Their language links them to the Mon and the Khmer. 15. The main primary religion in the project area is Buddhism, covers more than 50% of total population. As people in the 16-village present combination ethnic groups, some of them have specific traditional and culture as well as believe in spirit. ESMP Attachment 1-10, July 2020, updated in March 2022 46 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province ATTACHMENT 5A: RESULTS FROM SAFEGUARD SCREENING 1. This Attachment presents the results of safeguard screening for ODX project (Project) based on the ESMF safeguard screening form provided in Appendix A2 (General Environmental Assessment Policy Instrument: Screening Form)� and Appendix A3 (Site- Specific Environmental and Social Screening Form). The impact assessment (positive and negative) was made based on the baseline conditions for physical, biological, socio-economic, cultural and visual observation of the Project’s area taking into account the risks during Project implementation. 2. Table A5-1 identifies the criteria used for assessing the significance of potential negative impacts which the impact magnitude take into account the Project design, engineering and modelling, while the receptor/resource sensitivity consider existing environmental and social baseline conditions. These classifications have been used as an input into the impact significance rating (Negligible, Minor, Moderate or Major). Tables A5- 2, A5-3, and A5-4 below present the results. The results confirm that the proposed ODX project can be classified according to WB safeguard policies as EA category B. 3. Additional information on the assessment including those related to the Nam Kor movable weir is provided in Attachment 5B. Table A5-1 Screening Matrix for Impacts Significance Receptor / Resource Impact Magnitude Sensitivity Negligible Low Medium High Low Negligible Minor Minor Moderate Medium Negligible Minor Moderate Major High Negligible Moderate Major Major Table A5-2 The Results of Environmental Assessment Category Screening Environmental Impact Impacts Mitigation Measures No. Significance MA MO MI 1 Will the project generate dust ✓ Spray water 2 times a day and or noise? implement the construction during day time; Develop and implement Dust YES and Noise Control Plan; More details are presented in Attachment 5B (Key Issues and Mitigation Measures for ESMP and C-ESMP) and Attachment 6 (ECOP). 2 Will the project require borrow ✓ Obtain the approval and stabilize and and quarry sites (cuts, fills, rehabilitate the site after use; Develop quarries or extraction of and implement Borrow and Quarry material (stone, gravel, Management Plan; More details are aggregate, sand)? YES presented in Attachment 5B (Key Issues and Mitigation Measures for ESMP and C-ESMP) and Attachment 6 (ECOP). 3 Will the project impact on fish ✓ However, the weir and dike works and other aquatic life in the may disturb the natural flow, however, river, terrestrial biodiversity, the design has been made to minimize YES but the impacts are not the negative impacts. River work will ESMP Attachment 1-10, July 2020, updated in March 2022 47 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Environmental Impact Impacts Mitigation Measures No. Significance MA MO MI expected to be significant .since require a diversion to allow the water the area is subject to major flow. flooding every year and there are no critical aquatic resources located within the project area; there, significant adverse impacts on aquatic life and biodiversity is not expected during construction. Also, there are no critical habitats, wildlife corridors and wetlands as the project site located in urban area. 4 Will the project require the ✓ Obtain the approval of local creation of material stockpiles authorities and stabilize and and disposal of excavated rehabilitate the sites after use; Develop materials? YES. The river and implement Spoil/Unusable improvement activities will Excavated Disposal Plan; More details involve excavation and proper are presented in Attachment 2 related disposal of excavated materials to location and agreement of land from the Nam Mao and Nam owners) and Attachments 5B related to Kor Rivers. Good quality of key issues and mitigation measures dredged materials will be used (for ESMP and C-ESMP) and for diking while those Attachment 6 (ECOP). unsuitable materials will be disposed off at the designate sites. The disposal sites identified are located on private lands with no sensitive environmental and social resources and do not expected to have impacts on future land use of the areas. However, there will be more disposal sites that will be identified by the PMU. Additional impacts assessment and measures will be provided in the contractor ESMP for the remaining sites will need to be submitted for WB review and clearance. 5 Will the project alter surface ✓ However, the weir and dike works water hydrology of waterways may disturb the natural flow, however, or streams? YES. The river the design has been made to minimize improvement activities have the negative impacts. River work will been designed to increase water require a diversion to allow the water flow in Nam Mao and Nam Kor. flow. This is the main objective of the project. 6 Will the project impact on water ✓ Make efforts to mitigate potential ESMP Attachment 1-10, July 2020, updated in March 2022 48 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Environmental Impact Impacts Mitigation Measures No. Significance MA MO MI quality and possible water impacts on water quality and water users? YES. users through consultation with local communities and provide Excavation or earth works will compensation to those that may be increase turbidity of water and affected adversely as agreed for the possible disturbance of bottom project. To mitigate impacts during sediment. Earth works/ operations, agreement will be excavation will be made during developed with local communities to dry season when very low water ensure that waste discharge into the existing with limit water use rivers will be strictly prohibited and while river bank gardens may be local communities will ensure that this affected in some areas. agreement will be complied with. To mitigate impacts during construction, measures on the following aspects should be developed and included in the Contractor-ESMP (C-ESMP) : • Solid Waste Management (no dumping of solid waste in the river/stream) • General Construction Site Management including spill and emergency response, chance find procedures, etc.; • Runoff/Erosion and Sedimentation Control ; • Water quality management (no directly discharge of wastewater from camp into the natural stream/river); • More details are presented in Attachment 5B (Key Issues and Mitigation Measures for ESMP and C-ESMP) and Attachment 6 (ECOP). 7 Will the project require the ✓ • Consultation with DPWT and establishment of a camp for local community on the location construction workers? YES. of the worker camps. In principle, To prevent possible impacts of a worker camp should not be Covid19 pandemic during located within 500 meters of any construction, PIU and sensitive receptors in the project contractors will take proactive area and/or at least 200 meters actions as required by the from any surface water course and Government and also acceptable not within 2 kilometers of a to the WB. protected area. • Develop and implement Labor Influx Management Plan which could cover Worker Camp Management Plan; • Comply with measures required in (i) the main ESMP, section - Labor ESMP Attachment 1-10, July 2020, updated in March 2022 49 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Environmental Impact Impacts Mitigation Measures No. Significance MA MO MI Management, Worker Camp and Storage Area, (ii) Attachment 5B (Key Issues and Mitigation Measures for ESMP and CESMP), (iii) Attachment 6 (ECOP), and (iv) Attachment 7 (Project Code of Conduct (CoC) on gender-based violence (GBV) and violence against children (VAC)). 8 ✓ Develop and implement Will the project increase soil Runoff/Erosion and Sedimentation erosion? YES. In effective Control Plan, Site Clearance and control and management of Restoration Management Plan, construction sites during Borrow and Quarry Management Plan, construction as well as during Spoil/excavated Disposal Plan as parts wet season will increase soil of C-ESMP. erosion and sediment in the More details are presented in river due to runoff. Attachment 5B (Key Issues and Mitigation Measures for ESMP and C- ESMP) and Attachment 6 (ECOP). 9 Will there be an impact on ✓ Develop and implement measures to community health and safety? manage impacts on Occupational and YES. As mentioned above Community Health and Safety and under the Worker Camp, efforts Traffic Management and Road Safety; will be made to mitigate Install safety, warning and speed potential impacts on staff and limited signs at all risk points and workers as well as on local community areas. Regularly communities on prevention of consultation with communities about Covid19 pandemic. the construction activities and schedule to be carried in the community area. More details are presented in Attachment 5B (Key Issues and Mitigation Measures for ESMP and C- ESMP); Attachment 6 (ECOP); and Attachment 7 (COC). 10 Will the project require the ✓ • Develop and implement Traffic creation of temporary access or Management Plan. haul roads? YES. The Project • Regularly consultation with will not create the new access communities about the road but the access to project construction activities and activities including quarry and schedule to be carried in the borrow pits will use the community area. existing local access roads. 11 Will there be an impact on ✓ • After consultation with local cultural heritage site? Yes. authorities and communities, the There are 32 local stupas project design was revised to located near the Project avoid the impact on these stupas boundary. by installing the walk path as a detour line across the local temple for connectivity. ESMP Attachment 1-10, July 2020, updated in March 2022 50 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Environmental Impact Impacts Mitigation Measures No. Significance MA MO MI NE=Negligible, MI=Minor, MO=Moderate, MA=Major Table A5-3 The Result of Ethnic Groups (EG) Screening No. Impact on Ethnic Impacts Mitigation Measures Groups Significance MA MO MI 1 Are there ethnic ✓ Consultations with EG have been conducted minority groups throughout the project development, construction present in the sub- and operation. An EGEP in line with the EGEF for project area. YES the Project Lot 1 activities has been prepared and effectively implemented with community broad support established in the affected villages. The RAP and EGEP for the Lot 2 were submitted to the WB Task Team. 2 Do they maintain ✓ Consultations with EG have been conducted distinctive throughout the project development, construction customs or and operation. An EGEP in line with the EGEF for economic the Project Lot 1 activities has been prepared and activities? YES effectively implemented with community broad support established in the affected villages. The RAP and EGEP for the Lot 2 were submitted to the WB Task Team. 3 Will the project ✓ Consultations with EG have been conducted disrupt their throughout the project development, construction community life? and operation. An EGEP in line with the EGEF for YES the Project Lot 1 activities has been prepared and effectively implemented with community broad support established in the affected villages. The RAP and EGEP for the Lot 2 were submitted to the WB Task Team. 4 Will the project ✓ Consultations with EG have been conducted positively affect throughout the project development, construction their health, and operation. An EGEP in line with the EGEF for education, social the Project Lot 1 activities has been prepared and activity, effectively implemented with community broad livelihoods or support established in the affected villages. The security? YES. RAP and EGEP for the Lot 2 were submitted to the WB Task Team. 5 Will the project ✓ Consultations with EG have been conducted negatively affect throughout the project development, construction their health, and operation. An EGEP in line with the EGEF for education, social the Project Lot 1 activities has been prepared and activity, effectively implemented with community broad livelihoods or support established in the affected villages. The security? YES. RAP and EGEP for the Lot 2 were submitted to the WB Task Team. Will there be loss ✓ Consultations with EG have been conducted ESMP Attachment 1-10, July 2020, updated in March 2022 51 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province No. Impact on Ethnic Impacts Mitigation Measures Groups Significance MA MO MI of housing, land, throughout the project development, construction crops, trees or and operation. An EGEP in line with the EGEF for access to the Project Lot 1 activities has been prepared and resources owned, effectively implemented with community broad controlled or used support established in the affected villages. The by ethnic RAP and EGEP for the Lot 2 were submitted to the minority WB Task Team. households? YES. NE=Negligible, MI=Minor, MO=Moderate, MA=Major Table A5-4 The Result of Land Acquisition & Resettlement (LAR) Screening No. Social Impact Impacts Mitigation Measures Significance MA MO MI 1 Is the site for land ✓ The ARAP in line with RPF as well as an acquisition known? Is the EGEP in line with the EGEF for the Project ownership status and Lot 1 activities has been prepared and current usage of the land implemented with full compensation paid to known? YES. all 9 PAHs at full replacement value and no deductions has been made for depreciations and no major issues raised while the EGEP has been effectively implemented with community broad support established in all affected villages. The data on PAHs and PAPs for the Lot 2 has been determined and provided in the RAP2 and EGEP2 submitted to the WB Task Team. 2 Will there be loss of ✓ Complete the compensation and relocation housing, agricultural before starting the works. The ARAP in line plots, crops, trees, and with RPF as well as an EGEP in line with the fixed assets, businesses or EGEF for the Project Lot 1 activities has been enterprises and incomes prepared and implemented with full and livelihoods? If compensation paid to all 9 PAHs at full involuntary resettlement replacement value and no deductions has been impacts are expected? made for depreciations and no major issues YES. raised while the EGEP has been effectively implemented with community broad support established in all affected villages from both Lot 1 and Lot 2. The Lot 2 activities will likely affect ten villages with a total of 280 households by various forms of asset losses including an appropriate 10,649m2 of residential land, 128,676m2 of agriculture lan, 44 housing structures (38 households), 11 shops (9 households) and 114 secondary structures, and 6,315 crops and trees. These have been determinded and provided in the RAP2 and EGEP2 submitted to the WB Task Team. 3 Will any social or ✓ Provide income restoration for loss of economic activities be income. ESMP Attachment 1-10, July 2020, updated in March 2022 52 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province No. Social Impact Impacts Mitigation Measures Significance MA MO MI affected by land use- related changes? YES. 4 Will coordination ✓ Resettlement Committee was established. between government Cut-off Date was declared. Training and agencies be required to capacity building has been provided and more deal with land trainings will be provided through out project acquisition? Are there construction. sufficient skilled staffs in the Executing Agency for resettlement planning and implementation? Are training and capacity- building interventions required prior to resettlement planning and implementation? YES. 5 Social issues from worker ✓ Consultation and awareness raising campaign and labor influx. YES have been and will continue to be carried out during the work implementation. ESHS measures including COC on GBV/VAC and ECOP provided in this ESMP will be adopted and applied by the work contractor and its workers. GRM is in place in all affected villages for PAPs to raise their complaints and workers GRM with focal point to be assigned is also required in the ESHS measures to be established by the contractor. Compliance monitoring will be carried by the PMU with support from its supervision consultant�. NE=Negligible, MI=Minor, MO=Moderate, MA=Major ESMP Attachment 1-10, July 2020, updated in March 2022 53 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province ATTACHMENT 5B: KEY ISSUES AND MITIGATION MEASURES FOR ODX PROJECT ESMP AND C-ESMP 5B.1 Introduction 1. This Attachment presents the technical guidance for the preparation of the final Environmental and Social Management Plan (ESMP) for ODX project (Project-ESMP). It identifies the nature and level of impacts (Table 5B.1); the key issues and mitigation measures to be conducted during detailed design, preconstruction, and operations (Tables 5B.2) which are responsible by PMU and/or PIU assisted by EDPD/PTI and DPWT; and those to be conducted during construction by contractor (Table 5B.3). The mitigation measures identified in Tables 5B.2 and 5B.3 will be applied for all works (river profile improvement, riverside parks, bridges, weirs and river drainage improvement) to be carried out during the implementation of ODX project. This Attachment also provides technical guidance for the preparation, approval, implementation, and monitoring of the contractor’s ESMP (i.e. C-ESMP). 2. In addition to this Attachment, the Project-ESMP also includes the generic Environmental Code of Practices (ECOP) in Attachment 6, the Code of Conduct on gender- based violence and violence against children (COC) in Attachment 7, and the mitigation measures in responded to COVID-19 pandemic in Attachment 8 will be applied during construction. Attachment 9 provides a sample form for monitoring of grievance redress mechanism (GRM) as well as a form on accident reporting. 3. It is important that the implementing agencies responsible for implementation of the ESMP and supervision of the contract (PMU/DOW, EDPD/PTI, and PIU/DPWT) can incorporate the mitigation measures described in the ESMP report (Section 5) as well as in this Attachment (5B) into the detailed design (DD) and/or bidding/contract documents (BD/CD) as appropriate including establishment and operations a grievance redress mechanism (GRM) and finalization of the ESMP implementation and budget arrangement. Section 5B.2 briefly highlights the environmental and social safeguard (ESS) requirements to be considered during DD while Section 5B.3 highlights the requirements related to GRM. The agencies will ensure that the bidders and the contractor are aware and acknowledge the obligations to comply with the ESS requirements that are included in the contract and that all the cost are part of the contract cost. The contractor will also be required to maintain close consultation with local communities and operationalized its GRM in connection with that of DPWT and EDPD/PTI. 4. The Project-ESMP is also closely connected to the Resettlement Action Plan (RAP) and the Ethnic Engagement Plan (EGEP) to be cleared by World Bank (WB) as well as the approval conditions of the Government of Lao PDR (GOL) for the Environmental Impacts Assessment (EIA) and issuance of the Environment and Compliance Certificate (ECC) and other regulatory authorities attached to any permits or approvals for the Project. These requirements will be considered during the preparation and approval of the C-ESMP and its sub plans. Preparation and implementation of the C-ESMP is the contractor responsibility while those for RAP/ARAP and EGEP are the responsibility of GOL. ESMP Attachment 1-10, July 2020, updated in March 2022 54 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province 5. PMU/DOW and EDPD/PTI will ensure that (a) the recommendations as provided in Sections A5B.2, A5B.3 and A5B.4 will be integrated into the detailed designs and (b) the guidelines for preparation of C-ESMP provided in the Section A5B and Attachments 6, 7, 8, and 9 are included in the bidding document (BD) and contract document (CD). PMU/DOW and EDPD/PTI will also establish a GRM process at MPWT, DPWT, and contractor levels and ensure that the contractor establish and maintain close relations with local authorities and local communities. 6. Box A5.1 below provides confirmation on the ECC issuance by MONRE for ODX project approving the ESIA report submitted in July 2021. DPWT of ODX has established a Safeguard Monitoring Working Group (SMWG) to be responsible for monitoring of the ECC compliance in consultation with PMU of DOW and EDPD of PTI. Box A5.1 MONRE ECC for ODX project (27 October 2021) The ECC Key conditions: 1. Project Owner shall strictly comply with all the measures to mitigate the environmental and social impact as defined under the approved Environmental Impact Assessment Report (EIA) and the Environmental and Social Management and Monitoring Plan (ESMMP) and shall fully bear and financial responsible in full for all the impacts and mitigation measures including any remedies and compensations caused by the project in any cases that were not identified in the EIA Report including mistakes or adverse impacts of the Project caused by the Project Owner , the contractor, sub-contractor, employees, representatives, agents, experts or consultants or other persons authorized to perform on behalf of the Project Owner. 2. Project Owner shall fully bear and financial responsible for all information and data provided in the approved EIA and ESMP Reports and provide all the assistance and facilitation to the Ministry of Natural Resources and Environment (MONRE) and line sectors at central and local levels in the monitoring of ESMMP implementation. 3. Project Owner shall assure not to discharge pollutants to water sources, air and soil during the project implementation including general waste, hazardous waste and other chemical waste or nuisance (from the Project construction and operation) and shall control the pollution to be strictly compliance with the National Environmental Standard of Laos. ESMP Attachment 1-10, July 2020, updated in March 2022 55 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province 4. Project Owner shall monitor the implementation of the environmental and social mitigation measures by themselves by complying with the conditions set in the Environmental and Social Management and Monitoring Plan. Project Owner shall submit the report to the relevance government agencies and the MONRE on quarterly, basis (3 months). In case of any occurrence of emergency events and violations that may cause material adverse effect on the environment and social and other unexpected impacts, the Project Owner shall immediately report and submit a written report within 24 hours including immediately provide corrective actions in a good time manner. Project Owner will receive a warning and/or penalty for not submitting the report as required. 5. Project Owner shall provide monitoring budget to MONRE at central and local levels for monitoring of the ESMMP implementation. 5B.2 Key Mitigation Measures to be considered during Detailed Design (a) Application of green design and non-restructureal measures 7. During the preliminary design, it was recommended that (a) Dikes and river levee banks should be designed to control strong stormwater and sedimentation to prevent pollution and erosion during the construction; (b) Vegetation in riparian zone should be retained so that it provides habitat for aquatic life; and (c) All design of proposed flood mitigation measures should have a guideline to minimize possible negative impacts caused by the Project. Detailed engineering designs should be provided for the assessment of environmental engineering guidelines. Relevant engineering guidelines should include, but not limited to, natural stream and channel design; aquatic habitat design; sustainable dam and water storage design and operations (see 5B.3 below); bridge design (if needed) for debris flow and flood protection; levee bank and flood structure geotechnical and structural design guidelines; and geotechnical investigations for slope, dam and levee / dike design. 8. Efforts were made to follow these recommendations. Under Component 1.2, DOW mobilized an international consulting firm (SCB) to look at the possibility to apply the non- structural and green measures in the context of urban planning and a plan to promote the non- structural and an environmental-friendly design concept for Muang Xay have been made. However, due to limited funds available, these recommendations will be considered in the future project. (b) Minimization of impacts due to resettlement and land acquisition 9. Efforts have also been made during detailed design of both Lot 1 and Lot 2 to minimize the impacts on local communities related to land acquisition and resettlement. Resettlement committees have been established at provincial, district, and village levels (PRC, DRC, VRC) ESMP Attachment 1-10, July 2020, updated in March 2022 56 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province and they were trained on RPF and EGEF requirements and the ARAP and EGEP for the Lot 1 have been cleared by WB social specialist. The ARAP1 has been implemented with full compensation paid to all 9 PAHs at full replacement value and no deductions has been made for depreciations (including 6 Khmu HHs) and no major issues raised while the EGEP has been effectively implemented with community broad support established in all affected villages. RAP and EGEP for the Lot 2 were submitted to the WB Task Team. 5B.3 Guidelines for Safe Operations of Nam Kor Movable Weir 10. Construction of the Nam Kor movable weir has been incorporated in the detailed design of the construction under the Lot 1 which was reviewed by the WB in late 2020. A simple safety report was prepared by ISAN describing the design of the movable weir i.e. information on the concept on weir design and specification (see Attachment 1) as well as on the review on hydrology stability (by reviewing normal flow (stand up/lie down) and assess an emergency flow (weir breaking) at the target area using 1D hydraulic analysis model HEC-RAS (see Box A5.1). 11. For the emergency flow, the water level after the weir installation was assumed as the water level when the weir breaking and the stored volume which is similar to the total discharge (about 18,825 m3 at 1.5 m height during low flow) is made. The results suggested that with the Nam Kor weir at low-flow (when the weir is stand-up) and emergency flows would have some impacts at a distance about 3.40 km downstream which is considered low as land are mostly farmlands, shrubs and bushes. Comparison of water level for low flow and emergency flow cases downstream of the weir is provided in Box A5.2 below. Box A5.2 Risk analysis of the movable weir conducted by ISAN during the Detailed Design Stage Hydrological stability assessment: By reviewing 3.4 km Affected Section at Downstream when normal flow (stand up/lie down) and emergency flow Emergency (weir breaking) at the target area using 1D hydraulic analysis model HEC-RAS. Discharge at low-flow was predicted by reviewing observation data at Nam Kor Bridge No. 2 and the results were used as upper boundary conditions to review hydraulic characteristics of the target channel at low-flow. Water flow (dry season). The results of water level at low-flow, the water level of the Nam Kor Bridge No. 2 was recorded at EL. 630.58m, and based on this, Water Level at Downstream of Movable Weir the discharge was calculated at about 4 m3/s. Hydrological stability was evaluated by comparing the results of the review on the installation of the movable weir with the results of the review on the emergency such as collapse based on the discharge in the low-flow. Emergency Flow: To apply the emergency (weir breaking) condition, the water level after the weir installation was assumed as the water level when the weir breaking, the stored volume which is similar to the total discharge was applied. Based on the total Comparison of Water Level (Low-flow and Emergency) ESMP Attachment 1-10, July 2020, updated in March 2022 57 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province storage volume of about 18,825 m3 at 1.5 m height, emergency conditions were applied to unsteady flood model as below considering drainage time. Impacts. The results of the flow analysis at the target area by the Nam Kor weir installation at low-flow (when the weir is stand-up) and emergency flow shows that it has impacts until about 3.40 km downstream (333 m downstream of Nam Kor Bridge No. 3). 12. The safety report also identified the need to prepare and implement an environmental management plan (EMP) defining clarity on the reporting system for weir operations (see Box A5.3 below). When the weir operator receives a report from a witness on a situation threatening safety, the weir operator should recognize and evaluate the situation accurately, report it to the upper authority, and carry out appropriate response activities promptly. Thus, the weir operator should be familiar with how to acquire important information about an emergency situation. In the event of an emergency, the weir operators should make systematic reports, such as local and central management agencies. Preparation of an operation manual of the Nam Kor movable weir and training of the operator will also necessary to avoid adverse impacts downstream of Nam Kor. 13. This proposal will be discussed will local authorities and local communities as part of the community engagement plan to be conducted by DPWT during implementation of the Project. Box A5.3 Reporting system in case of emergency (example) Administrator DPWT MPWT • Reception and report  Reception and report  Reception of situatio • Check and evaluatio  Preparation of emerg n n ency preparedness  Review and order • Preparedness  Alerts and warning  Assessment of respo • Response and Reco  Instruction of damag nse and restoration very e restoration measures  Post evaluation and alternative preparation Preparation, Response, and Instructions for Restoration 14. In December 2021, additional information on downstream communities and location of important tourism spot between Muang Xay and Muang La are provided (see Box A5.4). There are 11 villages with a number of local business and livelihood activities. 15. To mitigate adverse impacts, it is also desirable to avoid artificial activities at river such as cultivation, dining, and playing in water, considering the small changes can cause risks, ESMP Attachment 1-10, July 2020, updated in March 2022 58 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province although hydraulic impacts have been confirmed to be minimal in the rest of the sections except direct downstream of the weir installation in case of an emergency. Additionally, the proposed movable weir will be operated as follows; i) lie-down: normal and flood season, and ii) stand-up: to exercise boat racing of local team for 2 – 3 months per year. Therefore, water quality will be good because of water flushing frequently. Box A5.4 Map of Village and Key Tourism downstream of Nam Kor (after the movable weir) Project Location Table A5-5 village along downstream from Muang Xay to Muang La No. of HH Distance No Name of Village No. of HH No. of People stay along from Muang the river Xay (km) 1 Ban. Nongmengda 380 2280 35 0.2 2 Ban. Donkeo 280 1680 0 2 3 Ban. Viengsa 250 1500 68 3 4 Ban. Bor 350 2100 0 4 5 Ban. Fan 270 1620 75 7.7 6 Ban. Mai 85 510 85 8.6 7 Ban. Kat 287 1722 22 13 8 Ban. Houaysang 215 1290 17 15.2 9 Ban. Pounghieng 177 1062 135 19 10 Ban. Longya 95 570 95 21 11 Ban. Phonsavang 90 540 90 34 Total 2,479 14,874 622 ESMP Attachment 1-10, July 2020, updated in March 2022 59 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province 16. Taking the construction plan into account, it may conclude that an Action Plan to mitigate potential impacts downstream of Nam Kor weir during dry season will include (1) In 2022, (a) complete preparation of an operation manual for the Nam Kor movable weir and a training plan for staff responsible for operations of the weir is completed, and at least 1 training is provided and (b) complete the discussion and agreement between the local authority of Muang Xay and that of Muang La on the proposed environmental management plan (EMP) recommended in the safety report for the movable weir and the prohibited activities identified in Section 5B.3 and a communication procedure is established. (2) In 2023, complete at least one additional training on the operations manual of Nam Kor weir and one additional meeting between the LA of Muang Xay and Muang La. 5B.4 Community Consultation and GRM 17. To mitigate potential impacts on local community, community consultation will be made throughout the Project implementation while grievances will be addressed at the village, district, province, and national levels. The GRM principles and process described in Section 7 of the ESMP report will be applied at all Project levels including contractors. Grievance related to safeguard issues from ethnic groups that result from Project activities will be resolved by the Grievance Redress Committee (GRC). At each level grievance details, discussions, and outcomes will be recorded in a grievance logbook, and the data provided to the GRC for recording in the ‘Grievance and Complaints Logging System’ (GCLS). Status of grievances submitted, and grievance redress will be reported to DPWT management through the monthly reporting as generated by the GCLS. The complainant also retains the right to bypass this procedure and can address a grievance directly to the EDPD/PTI Office or the National and Provincial Assembly, as provided for by law in Lao PDR as well as to the World Bank through the World Bank’s Grievance Redress Service (GRS). Key requirements can be highlighted below. 18. The GRM process will be operated as follows: • The EDPD/PTI at the MPWT in Vientiane will host the GCLS. • In each Project Province, the Environment and Social Unit (ESU) under the DPWT—who are responsible for monitoring contractors—will assemble records of all complaints, and supply them to the EDPD/PTI either directly, or by entering into the GCLS. • For each province, a ‘Grievance Redress Committee’ (GRC) will be established. The GRC will nominate a secretary who is responsible to monitor and facilitate resolution of complaints. • The affected peoples (AP) (or his/her representative) may submit his/her complaint in a number of ways e.g. by written letter, phone, SMS messages and email to the GRC or, alternatively, raise his/her voice in a public or individual meeting with project staff. 19. Before construction, PMU/DOW and EDPD/PTI will establish a GRM mechanism and disseminate information to the public, local communities, and contractor. During construction, contractor will be required to regularly conduct consultation with local community and report to DPWT on GRM implementation. The status of submitted ESMP Attachment 1-10, July 2020, updated in March 2022 60 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province grievances and grievance redress will be reported to Project Manager through the monthly report (see Attachments 8 for forms). 5B.6 ESMP Implementation Arrangement 20. The Project-ESMP implementation arrangement, capacity building and training, and budget arrangement will be implemented according to Section 8 of the ESMP report. To ensure effective implementation of these activities on the ground, priority actions will be as follows: • DPWT will establish a Safeguard Monitoring Working Group (SMWG) comprising DPWT, PONRE, LWU, and other related local authorities to be responsible for undertaking periodic monitoring of the ESMP, ARAP, and EGEP implementation including GRM tracking and Contractor performance of the approved C-ESMP. • EDPD/PTI will (a) provide specific guidelines and more extensive training and capacity building on occupational and community health and safety (OCHS) to DPWT, PONRE, contractors, and the SMWG, including ways for achieving effective site management and use of Personal Protection Equipment (PPE), active participation of local communities, and effective application of GRM record; (b) review/revise the current monitoring and reporting forms to enhance effectiveness of the monitoring and reporting process; and (c) ensure that adequate budget can be transferred to the DPWT and the SMWG and timely submission of the ES monitoring report (ESMR). • The proposed mitigation measures identified in Table A5B.1 and Table A5B.2 will also be applied to the implementation of works and technical assistance (TA) activities to be implemented under Component 1. ESMP Attachment 1-10, July 2020, updated in March 2022 61 Lao PDR South East Asia Disaster Risk Management Project Figure 6.1 GRM Process Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province *The GRC will meet to try and resolve the matter at Local community level and make a recommendation within Resolution Measures 7-10 working days from receipt of complaint. If there is no decision after 10 days, the AP can refer the Solved End complaint to the Director of DPWT in the province who will then address the complaint and respond to If NOT the complainant within 20 days. Grievance Redress Committee (Project Level) *All submitted complaints and grievances will be entered into the GCLS within two working days of Solved in 10 End days? being received by the PMU and DPWT. Each If NOT complaint and grievance will be ranked, analyzed and monitored according to type, accessibility and degree DPWT of priority. The status of grievances submitted, and Solved in End grievance redress will be reported by EDPWT in 20days? collaboration with PMU. The GCLS web site will If NOT display data on resolution rates which will enable the communities to be kept informed of progress of If still unresolved, APs may choose to exercise their right under Lao PDR law to refer the matter to a court of law. resolution of grievances. Individuals will be notified within 5 working days of the status of their grievance Box A5.5 GCLS process as part of the GRM once it has been addressed by the appropriate parties. ESMP Attachment 1-10, July 2020, updated in March 2022 62 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Table 5B-1 Potential Environmental and Social Impacts of Integrated Urban Flood Risk Management in Muang Xay District Magnitude/ Impact/Issue Comment/Description of Impact Extent Duration Probability Significance Intensity Bio-Physical and Chemical The construction works such as river profile improvement Changes in surface water and bank protection would impact on downstream surface Regional Construction Medium Likely Moderate quality water quality in Nam Kor and Nam Mao Rivers due to increased erosion and sediment transport. Changes in groundwater Due to the soil type, there is low permeability for pollution Local Construction Low Possible Minor quality of ground water. Changes to surface water The river profile improvement, bank protection, and other Construction hydrology downstream facilities (i.e. Nam Mao weir, Nam Kor movable weir, and Regional Medium e Likely Moderate / Operation of Project areas. flab gates) will ease water flow. ▪ Dust generation: nuisance level impacts and risk to community and occupational health. Construction Changes to air quality Local Medium Possible Moderate / Operation ▪ Emissions from vehicles and equipment. Changes to ambient Noise from construction equipment/vehicles and generators Construction Local Medium Likely Moderate noise levels may affect noise levels. / Operation The construction works such as river profile improvement and bank protection would impact on aquatic habitat and Construction Local Medium Likely Moderate resources in Nam Kor and Nam Mao Rivers due to increased / Operation Changes to aquatic biota erosion and sediment transport. Potential spills and leakages of hydrocarbon, hazardous materials, hazardous and non-hazardous waste result in Local Construction Medium Possible Minor changes of aquatic habitat and fauna. Changes to terrestrial Loss or significant adverse impacts on riparian flora and Construction Local Low Possible Minor habitat and fauna fauna species and habit of conservation significance. / Operation Community health and Introduction and spread of diseases from Project workforce. Regional Construction Low Possible Minor ESMP Attachment 1-10, July 2020, updated in March 2022 63 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Magnitude/ Impact/Issue Comment/Description of Impact Extent Duration Probability Significance Intensity safety Community health and safety due to transportation of construction Local Construction Medium Likely Moderate materials Injury / death to local community members gaining Local Construction Medium Unlikely Moderate unauthorized access to Project facilities. Development of Riverside Park 1 & 2 will require Construction Changes to land cover Local Medium Likely Moderate significant land use changes. / Operation Changes to areas of Dike and bank-protection works will require riparian Local Construction Low Possible Minor natural habitat vegetation removal. Socio-economic and Cultural Physical displacement of River profile improvement, dike, bank-protection and residences and other riverside parks development will have impacts on existing Local Construction High Likely Major physical assets. structures and assets. Changes involving loss Possibility of private and/or communal land loss due to the of private and/or Local Construction Medium Likely Moderate Project development works. communal land Possibility of loss of livelihoods during construction and Changes involving loss operation phase (e.g. local shops & services, fishing, Local Construction Medium Likely Moderate of livelihoods farming in certain areas). Changes involving loss Inappropriate disturbance of cultural sites and artifacts of physical cultural during construction (i.e. earthworks); lack of chance find Local Construction Low Possible Minor heritage procedure. Changes involving River profile improvement, dike, bank-protection and physical and/or riverside parks development would have impacts on local Local Construction Medium Likely Moderate economic displacement businesses and services infrastructure. of people Changes to local traffic Potential increased traffic during construction due to Project Local Construction Medium Likely Moderate ESMP Attachment 1-10, July 2020, updated in March 2022 64 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Magnitude/ Impact/Issue Comment/Description of Impact Extent Duration Probability Significance Intensity patterns vehicles and traffic disturbance to local residents. Potential ease of traffic after completion of Project works. Local Operation Medium Possible Moderate River profile improvement, bank-protection and riverside Construction Changes to fisheries Local Low Possible Minor parks development would have impacts on local fisheries. / Operation Changes in local wage Moderate Possibility of increased income and livelihood opportunities labor incomes/livelihood Regional Construction Medium Possible due to the project. opportunities Changes in local Moderate Possibility of increased income and livelihood opportunities trade/commercial Regional Construction Medium Possible due to the project. incomes/opportunities Changes in visual The dike, bank-protection and riverside parks improve visual Construction Moderate Local Medium Likely amenity amenity. / Operation Changes to public infrastructure/community The Project development would affect public infrastructure resources Local Construction Medium Likely Moderate such as water supply, roads, bridges, etc. ESMP Attachment 1-10, July 2020, updated in March 2022 65 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Table 5B-2 Key Issues and Mitigation Measures during Details Design, Preconstruction, and Operational Phases *For Component 1, the construction services consultant (CSC) / field engineer (FE) will be the Implementation Support and Works Supervision Consultant (ISWS) to be mobilized by the Project Management Unit (PMU) of the Department of Waterways (PMU/DOW) # Activities Causing Impacts Mitigation Measures Responsible Entities Monitoring Remarks Indicators Detailed Design Phase 1 Construction and operations of This event is considered low however effort has DPWT of ODX assisted by Completion of See the proposed movable weir been made during the detailed design to minimize EDPD of PTI is responsible for the action plan discussion in downstream of Nam Kor may impacts from flood hazard and to deal with to mitigate Section A5B- the planning and implementation affect on local businesses and emergency cases. This includes a simple assessment impacts of the 3 of this livelihood activities and along to assess the risk and identify communities and of the action plan while PMU of Nam Kor attachment the downstream area, if the weir important area that may be affected in case of DOW will ensure that adequate movable weir (Att 5B) is not properly designed. emergency. An action plan to mitigate potential budget is allocated for the before negative impacts due to operations of Nam Kor preparation and implementation completion of movable weir has been proposed (see Operation the construction Phase below). of the action plan. for moveable Design of the proposed movable weir including a weir risk assessment was reviewed by WB as part of the technical engineering design in late 2020. Preconstruction Phase 1 Works execution can increase Prepare and implement specific plans that can • Contractor to prepare and See indicators See Table dust, noise, vibration, and other reduce the negative impacts be applied through the implement the C-ESMP and under A5B-3 below impacts on local environment preparation of C-ESMP and the application of ECOP construction and ECOP in and local community and COC. its sub plans and submit to (Table 5B.3) Attachment 6 CSC/FE for review and below approval • CSC/FE will regularly monitor safeguards compliance of contractor and report results to PMU/ DOW and DPWT 2 Physical displacement of • Prepare and implement RAP. WB clearance of • PMU/DOW assisted by the • No RAP and residences and other physical the RAP will be required before implementation. detailed design consultant is unresolved EGEP are assets may cause adverse prepared as a impacts on local land user • VEG are presented in the Project site and/or preparing RAP and EGEP in complaints. standalone ESMP Attachment 1-10, July 2020, updated in March 2022 66 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Table 5B-2 Key Issues and Mitigation Measures during Details Design, Preconstruction, and Operational Phases *For Component 1, the construction services consultant (CSC) / field engineer (FE) will be the Implementation Support and Works Supervision Consultant (ISWS) to be mobilized by the Project Management Unit (PMU) of the Department of Waterways (PMU/DOW) # Activities Causing Impacts Mitigation Measures Responsible Entities Monitoring Remarks Indicators and/or local people, especially affected by the Project activities; an EGEP is consultation with MONE. • All document the vulnerable ethnic groups being prepared and implemented. WB clearance • PMU/DOW and DUPH/PTI complaints (VEG) and of the EGEP will be required before will assist the local authorities corrective implementation. and ensure effective and actions are • Conduct consultation with local authorities and timely implementation of properly communities as required by the government. RAP and EGEP. recorded in Consultation with VEG will be conducted in line • PMU/DOW and DPWT will the GRM establish and ensure effective record with the EGEF. operations of GRM • Established and operationalized Project Grievance Redress Mechanism (GRM). 3 Relocation of public utilities • Early consultation with the public utility owner PMU/DOW and Contractor to Timely This can be and local community since it will involve prepare PURP in consultation completed and part of the with Department of Urban implemented the works site relocation cost. Planning and Housing (DUPH) PURP. clearance • Prepare a Public Utility Relocation Plan (PURP) and DPWT. plan and take appropriate actions to minimize impacts on local peoples. During Operations. DPWT of ODX is responsible for operations of project facilities. During project implementation, efforts will be made to ensure that DPWT of ODX will have adequate capacity to implement the mitigation measures designed to minimize potential impacts of the project during operations 1 The improved infrastructure will Ensure capacity and resources to ensure effective • DPWT Positive impacts reduce flooding and bank operations and maintenance of the project • Local communities erosion and enhance local socio- infrastructure and effective engagement with local economic conditions of Muang communities. Xay. There is a possibility of increased income and more livelihood resilience due to lower risk to annual floods 2 Operations of low dike or • Carefully consider these impacts during the • PMU/DOW and DPWT. Zero of loss ESMP Attachment 1-10, July 2020, updated in March 2022 67 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Table 5B-2 Key Issues and Mitigation Measures during Details Design, Preconstruction, and Operational Phases *For Component 1, the construction services consultant (CSC) / field engineer (FE) will be the Implementation Support and Works Supervision Consultant (ISWS) to be mobilized by the Project Management Unit (PMU) of the Department of Waterways (PMU/DOW) # Activities Causing Impacts Mitigation Measures Responsible Entities Monitoring Remarks Indicators embankment: This may affect planning and design of the investment to • During implementation caused by the local flooding in areas that avoid/minimize the potential negative impacts. capacity of DPWT to flooding. are not protected and/or increase • Conduct technical analysis to identify the best minimize the impacts during negative impacts and/or options (location and height of the dike, etc.) to operations should be ensured. unexpected loss avoid/minimize the issues as well as conduct consultation with affected households/ communities. ESMP Attachment 1-10, July 2020, updated in March 2022 68 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Table 5B-2 Key Issues and Mitigation Measures during Details Design, Preconstruction, and Operational Phases *For Component 1, the construction services consultant (CSC) / field engineer (FE) will be the Implementation Support and Works Supervision Consultant (ISWS) to be mobilized by the Project Management Unit (PMU) of the Department of Waterways (PMU/DOW) # Activities Causing Impacts Mitigation Measures Responsible Entities Monitoring Remarks Indicators 3 Operations of the river bank • Plan and implement an effective monitoring • PMU/DOW, PTI, and DPWT. This will be Close improvement and needs for program for the riverbank erosion upstream and A Safeguard Monitoring established by coordination the SMWG with EGEP execution. This may affect the downstream of the project sites. The Working Group (SMWG) or and the erosion and/or sedimentation monitoring program should be able to track task force will be established results and pattern of the river bank change of water flow as well as water level to assist DPWT ensure activities of upstream and downstream of using a simple method and local observation. effective monitoring and Component the project sites. This should be a joint effort between DPWT reporting of contractor 1.2 with active and local community. performance on the ground. involvement • Identify 2-3 pilot sites to develop appropriate DOW and DPWT will ensure of women local technology that can reduce river bank that funding support for and/or local erosion as well as tapping sedimentation using monitoring is timely and mass effectively made. organizations. local materials, low cost-soft engineering, and engaging active participation of local communities. Planning and design of these pilots will be made through extensive consultation with local agencies and local communities. 4 Operations of flap gates and • Preparation of an operation manuals for the • DPWT to follow all ESS Sufficient movable weir may create some flap gates. requirements in ECOP. amount of water risk on community health and and cleanliness safety in Project area and • Preparation and implementation of a • CSC/FE will review and of water quality downstream area of Nam Kor. Communication and Community Engagement approve the plan as part of the at upstream and This may change the amount of Plan (CCEP) with an aim to prevent discharge C-ESMP downstream water and water quality between of solid and liquid wastes into the river is • CSC/FE will regularly area the upstream and downstream necessary. The CCEP will be made in close monitor safeguards area which can affect water uses of water users. consultation with local authorities and local compliance of contractor and ESMP Attachment 1-10, July 2020, updated in March 2022 69 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Table 5B-2 Key Issues and Mitigation Measures during Details Design, Preconstruction, and Operational Phases *For Component 1, the construction services consultant (CSC) / field engineer (FE) will be the Implementation Support and Works Supervision Consultant (ISWS) to be mobilized by the Project Management Unit (PMU) of the Department of Waterways (PMU/DOW) # Activities Causing Impacts Mitigation Measures Responsible Entities Monitoring Remarks Indicators communities (LA/LC) and/or the water users report results to PMU/ DOW upstream and downstream of the gates. The and DPWT activities will be conducted in 2022 to 2023. 5 Quick release of large amount of Implement the Action Plan described in Section PMU/DOW, EDPD/PTI, DPWT, Movable weir is This event is water downstream in case of A5B-3 (paragraph 16) which include: and local authorities. operated in considered emergency may create adverse • In 2022, (a) complete preparation of an accordance with low impacts on local communities operation manual for the Nam Kor movable weir guidance in the and water users downstream. and a training plan for staff responsible for Operations Muang La is located operations of the weir is completed, and at least Manual to be downstream of Nam Kor, about 1 training is provided and (b) complete the prepared by 28 km downstream of Muang discussion and agreement between the local ISAN Xay and it is an active tourism authority of Muang Xay and that of Muang La site. The water level after the on the proposed environmental management weir installation was assumed as plan (EMP) recommended in the safety report the water level when the weir for the movable weir and the prohibited breaking and the stored volume activities identified in Section 5B.3 and a which is similar to the total communication procedure is established. discharge (about 18,825 m3 at • In 2023, complete at least one additional 1.5 m height during low flow) is training on the operations manual of Nam Kor made. The results suggested weir and one additional meeting between the LA that with the Nam Kor weir at of Muang Xay and Muang La. low-flow (when the weir is stand-up) an emergency flows would have some impacts at a distance about 3.4 km downstream which is considered low as the land are mostly covered by farmland. ESMP Attachment 1-10, July 2020, updated in March 2022 70 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Table 5B-3 Key Issues and Mitigation Measures during Construction Phase (to be included in bidding and contract documents) *For Component 1, the construction services consultant (CSC) / field engineer (FE) will be the Implementation Support and Works Supervision Consultant (ISWS) to be mobilized by the Project Management Unit (PMU) of the Department of Waterways (PMU/DOW) # Activities causing impacts Mitigation Measures Action Plan and Responsible Monitoring Remarks Entities Indicators Construction phase 1 Establishment and operation • Ensure that the sites for campsite are • Contractor prepares and • Location of the The measures/plan of worker camps could approved by the Project and local authority; implements plan to work camp will be implemented increase waste generation, Selection of the camp sites should be made management worker camp should be shown as part of the ECOP water pollution, and through tripartite consultation including as part of the C-ESMP to in the C-ESMP. disturbance and other direct community, Contractor, and the subproject be reviewed and approved • No complaints and indirect social impacts representative. by CSC/FE from local to local community • Ensure that basic camp facilities are • CSC/FE will regularly authorities and provided including security, septic tanks, monitor safeguards local residents latrines, safe water supply, mosquito net, compliance of contractor due to location blanket, safe paths, fire prevention and report results to PMU/ and activities of equipment, etc. DOW and DPWT the worker • Ensure that (a) washing areas, demarcated camps. and water from washing areas and kitchen is released in sumps, (b) septic tanks of *Safe and appropriate design have been used for comfortable living of sewage treatment and outlets are released staff and workers into sumps and must not create a pond of stagnant water, and (c) the latrines, septic tanks, and sumps are built at a safe distance from water body, stream, or dry streambed, and the sump bottom is above the groundwater level. • Details will be included in the C-ESMP ESMP Attachment 1-10, July 2020, updated in March 2022 71 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province # Activities causing impacts Mitigation Measures Action Plan and Responsible Monitoring Remarks Entities Indicators under the Worker Camp Management Plan (WCMP) and shall be complied with the project ESMP especially Section 5.7.2. 3 Extraction and • Restriction on work load on the vehicles and • Contractor prepares and • Proper Also see the transportation of on movement of contractor’s vehicles on implements plan on management of measures/plan will construction and excavated designation routes; deploy traffic man at the construction waste the site and no be implemented as materials (stone, sand, village to control the traffic as needed and management as part of the complaints from part of the ECOP laterite, soil, etc.) will ensure that the access tracks, which are C-ESMP to be reviewed local authorities damage local resources and prone to dust emissions and disturbance to and approved by CSC/FE and residents environment as well as local resident are managed by water • CSC/FE will regularly increase local traffic and spraying daily and the areas sensitive to monitor safeguards damage local road noise and vibration are managed through compliance of contractor conditions enforcement of speed limit control. and report results to PMU/ • After completion of construction work all DOW and DPWT the damaged roads / tracks will have to be restored by the contractor, as it is contractor’s obligations. • Ensure that surface run-off controls are installed and maintained to minimize erosion. • Ensure that the natural resources use and/or extraction are legally permitted by GOL and that as part of the C-ESMP, a sub plan on transportation of construction materials and transportation route will be prepared. If new quarry sites are opened a rehabilitation plan should also be prepared. ESMP Attachment 1-10, July 2020, updated in March 2022 72 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province # Activities causing impacts Mitigation Measures Action Plan and Responsible Monitoring Remarks Entities Indicators 4 Sedimentation, runoff and • Prepare and implement Spoil/dredge • Contractor prepares and • Proper The measures/plan erosion from construction Material Disposal Plan, Sedimentation and implement sub-plans as management of will be implemented areas: The removal of Erosion Control Plan, and Water Quality part of the C-ESMP to be the site and no as part of the ECOP vegetation and earthworks Management Plan as part of C-ESMP. reviewed and approved by complaints from on the river banks and in- • Ensure that surface run-off and CSC/FE local authorities stream works will detach sedimentation control measures such as • CSC/FE will regularly and residents sand, silt, and clay which sedimentation ponds and silt fences are monitor safeguards will be suspended in the installed and maintained to minimize compliance of contractor water column for eventual erosion. and report results to PMU/ deposition downstream. • After completion of construction work all DOW and DPWT the damaged roads / tracks will have to be restored by the contractor, as it is contractor’s obligations. 5 Establishment and operation • Ensure that the locations are far away from • Contractor prepares and Proper management The measures/plan of construction materials and residential areas and take actions to mitigate implements plan on waste of the site and no will be implemented equipment stockyards and dust, noise, vibration, water pollution, waste, management as part of the complaints from local as part of the ECOP access roads would increase etc. C-ESMP to be reviewed authorities and dust, noise, vibration, safety, • Implement measures indicated in related sub and approved by CSC/FE residents and disturbance to local plans described in ECOP • CSC/FE will regularly people monitor safeguards compliance of contractor and report results to PMU/ DOW and DPWT 6 Disposal of waste generated • Recycle metallic, glass waste; burry organic • Contractor prepares and • No health issue The measures/plan from project sites and waste in impervious pit covered with soil. implements plan on waste occurred. will be implemented workers camp may increase • Solid waste will be properly segregated and management as part of the • Clean work sites as part of the ECOP health issues to local people collected by private sector licensed by the C-ESMP to be reviewed and worker camp ESMP Attachment 1-10, July 2020, updated in March 2022 73 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province # Activities causing impacts Mitigation Measures Action Plan and Responsible Monitoring Remarks Entities Indicators and unclean environment provincial authority to be disposed at the and approved by CSC/FE government landfill. • CSC/FE will regularly monitor safeguards compliance of contractor and report results to PMU/ DOW and DPWT 7 Construction wastes, • Procedures for on-site management and off- • Contractor prepares and • No complaints The measures/plan garbage and refuse site disposal need to be addressed in the C- implements plan on traffic from local will be implemented ESMP. A source of fill (borrow) materials as and transport management residents as part of the ECOP well as spoil disposal area will need to be as part of the C-ESMP to regarding dust, established in the area where the civil works be reviewed and approved noise, vibration, will be implemented. by CSC/FE road safety, and • It is expected that in area where excavation • CSC/FE will regularly the usage of the and diking will be conducted site-specific monitor safeguards tracks/access sub plan on the construction materials compliance of contractor roads (quarry and borrow) and dredge material and report results to PMU/ disposal plan should be prepared as part of DOW and DPWT the C-ESMP. • A sub plan on construction waste management and/or recycles as well as a sub plan for management of hazardous waste to be generated should also be prepared. 8 Access tracks/ haulage routs • The moving machinery should remain • Contractor prepares and No complaints from The measures/plan (if needed) within the project boundary. implements plan on traffic local residents will be implemented • Ensure that the access tracks, which are and transport management regarding dust, noise, as part of the ECOP prone to dust emissions and disturbance to as part of the C-ESMP to vibration, road safety, local resident, are managed by water be reviewed and approved and the usage of the ESMP Attachment 1-10, July 2020, updated in March 2022 74 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province # Activities causing impacts Mitigation Measures Action Plan and Responsible Monitoring Remarks Entities Indicators spraying daily and the areas sensitive to by CSC/FE tracks/access roads noise and vibration are managed through • CSC/FE will regularly enforcement of speed limit control. monitor safeguards • Training, routine maintenance, monitoring, compliance of contractor and implementation of all aspects of the and report results to PMU/ contractor’s Emergency Preparedness and DOW and DPWT Response Plan are required to minimise the residual impacts to an acceptable level • After completion of construction work all the damaged roads / tracks will be restored by the Contractor, as it is Contractor’s obligations. Ensure that surface run-off controls are installed and maintained to minimize erosion. • Restriction on movement of Contractor’s vehicles on designation routes; deploy traffic man at the village to control the traffic as needed. 9 Hiring skilled workers from • Hiring of workers from the local • Contractor prepares and Number of local The measures/plan outside of the locality can communities as much as possible. implements plan on labor workers at the will be implemented create social conflicts with management as part of the worksite. as part of the ECOP local peoples C-ESMP to be reviewed and approved by CSC/FE • CSC/FE will regularly monitor safeguards compliance of contractor and report results to PMU/ ESMP Attachment 1-10, July 2020, updated in March 2022 75 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province # Activities causing impacts Mitigation Measures Action Plan and Responsible Monitoring Remarks Entities Indicators DOW and DPWT 10 Poor workers safety and • Provide protective clothing and equipment • Contractor prepares and Safe working The measures/plan hygienic conditions may for workers especially those handling implements plan on conditions will be implemented cause accidents and illness hazardous materials, (helmets, adequate occupational and as part of the ECOP of workers and/or create footwear) for concrete works (long boots, community health and poor health and other social gloves), for welders (protective screen, safety as part of the C- issues to local peoples gloves dungaree), etc. ESMP to be reviewed and approved by CSC/FE • CSC/FE will regularly monitor safeguards compliance of contractor and report results to PMU/ DOW and DPWT 11 Water for staff and workers • Provide adequate and safe water for • Contractor prepares and Water tanker and The measures/plan consumption and consumption at sites and work camp. implements plan on work pump provided by will be implemented construction yard/camp as part of the the Contractor as part of the ECOP C-ESMP to be reviewed and approved by CSC/FE • CSC/FE will regularly monitor safeguards compliance of contractor and report results to PMU/ DOW and DPWT 12 Interruption of water supply • Inform residents and provide water supply • Contractor take action No complaint from The measures/plan as needed. residents will be implemented as part of the ECOP ESMP Attachment 1-10, July 2020, updated in March 2022 76 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province # Activities causing impacts Mitigation Measures Action Plan and Responsible Monitoring Remarks Entities Indicators 13 Social issues • Ensure that conflicts with local authorities • Contractor prepares and No social conflicts The measures/plan and local communities are avoided. implements plan on labor due to the subproject will be implemented • Ensure that focus group meetings are management as part of the activities and/or as part of the ECOP conducted with both men and women to C-ESMP to be reviewed workers. and COC on SEA, identify any water related and other issues and approved by CSC/FE GBV and VAC related to the subproject implementation. • CSC/FE will regularly • To mitigate the potential social impacts monitor safeguards during construction, Code of Conduct compliance of contractor (COC) on Sexual Exploitation and Abuse and report results to PMU/ (SEA), Gender-based Violence (GBV) or DOW and DPWT Violence Against Children (VAC) is provided in Attachment 7. 14 Storage of • Provide hard compacted, impervious and • Contractor prepares and No health hazard and The measures/plan hazardous bounded flooring to hazardous material implements plan on water contamination will be implemented material (including wastes) storage areas; Label each container construction site occurred. as part of the ECOP indicating what is stored within; . Training management as part of the in safe handling techniques, routine C-ESMP to be reviewed maintenance, monitoring, and and approved by CSC/FE implementation of all aspects of the • CSC/FE will regularly contractor’s Emergency Preparedness and monitor safeguards Response Plan compliance of contractor and report results to PMU/ DOW and DPWT 15 Construction activities; • Ensure that no contaminated effluent is • Contractor prepares and No oil spill observed The measures/plan handling of fuels, oil spell released in to the environment. implements plan on will be implemented and lubricants • Ensure that fuels, oils, and other hazardous construction site as part of the ECOP substances handled and stored according to management as part of the ESMP Attachment 1-10, July 2020, updated in March 2022 77 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province # Activities causing impacts Mitigation Measures Action Plan and Responsible Monitoring Remarks Entities Indicators standard safety practices such as secondary C-ESMP to be reviewed containment. and approved by CSC/FE • Fuel tanks should be labeled and stored in • CSC/FE will regularly impervious lining and dykes etc monitor safeguards • Ensure that vehicle refueling to be planned compliance of contractor on need basis to minimize travel and chance and report results to PMU/ spills. DOW and DPWT • Ensure that operating vehicles are checked regularly for any fuel, oil, or battery fluid leakage. • Training, routine maintenance, monitoring, and implementation of all aspects of the contractor’s Emergency Preparedness and Response Plan 16 Cutting of trees in the • To get agreement of the local community • Contractor prepares and No complaints from The measures/plan riparian areas. and community implements plan for site local authority and/or will be implemented clearance, excavation, residents. as part of the ECOP restoration, etc. as part of the C-ESMP to be reviewed and approved by CSC/FE CSC/FE will regularly monitor safeguards compliance of contractor and report results to PMU/ DOW and DPWT 17 Disposal of unusable • Information on impacts on spoil disposal • Contractor prepares and Minimum impacts on The measures/plan ESMP Attachment 1-10, July 2020, updated in March 2022 78 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province # Activities causing impacts Mitigation Measures Action Plan and Responsible Monitoring Remarks Entities Indicators excavated materials from sites on environmental and social aspects, implements spoil disposal the environment will be implemented river improvement works relevant measures and consultation with plan as part of the C- including removal of as part of the ECOP nearby household will be prepared by ESMP to be reviewed and tree and on future . DOW/PMU with support from CSC/ISWS approved by CSC/FE land use and advice from EDPD/PTI and provided • CSC/FE will regularly for WB Task Team review prior to disposal. monitor safeguards • Reuse excavated materials as much as compliance of contractor possible. and report results to PMU/ • Stockpile the excavated materials to non- DOW and DPWT agriculture and protected area and in a minimum area and away from storm water. • Consultation with local authorities and local people including nearby households will be conducted. Agreements with land owners were obtained and provided in Attachment 2. • For disposal sites: the following areas should be avoided: mountainous or high slope areas prone to erosion, environmentally sensitive areas such as water sources, wetland, and sensitive forests. • Removal of tree should be avoid and minimize. • The surplus soil to be disposed in the private land as per the agreements with land owners shall be free of shrubs or clumps of shrubs with stems. ESMP Attachment 1-10, July 2020, updated in March 2022 79 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province # Activities causing impacts Mitigation Measures Action Plan and Responsible Monitoring Remarks Entities Indicators • Quality of spoil to be disposed should be tested and proper measures provided to mitigate impacts from disposal. • The excavation will be carried during the dry season by using backhoe and will be directly placed in the dump trucks with a capacity vary from 15m3 to 20m3. • Due to the short distance from the project site to the disposal sites, it is estimated that one dump truck will make 15-20 trips per day and the transportation will be not carried during peak hours (commuting times to work or school). • All dump trucks carrying out surplus soils will have to be fully covered while the drivers will be required to respect driving speed and avoid using horns in area sensitive to noise and vibration such as hospitals, schools, and temples. • The vehicle speed not to be exceeded from 30Km/h. Vehicles will be tuned regularly to minimize the smoke emissions. • Watering of disposal sites and/or transportation routes to minimize dust emissions. • Additional consultations with nearby households will be conducted by PMU and ESMP Attachment 1-10, July 2020, updated in March 2022 80 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province # Activities causing impacts Mitigation Measures Action Plan and Responsible Monitoring Remarks Entities Indicators site specific impacts and mitigation measures will be submitted to at the WB Task Team before the disposal takes place. • In addition, the disposal site will be implemented and stabilized for a safe use and verified by the land owner before handover the site to the land owner. • DOW/PMU and CSC/FE will conduct regular compliance monitoring of disposal sites. The contractor is required to prepare a site closure report for each site with verified signature of the land owner and submit to DOW/PMU via CSC/FE 18 Loss of fertile soil and • Remove surface soil of the location, stocked • Contractor prepares and Riverbanks stabilized vegetation; impacts on in a proper place and once the construction implements plan for site and re-vegetated natural vegetation and is finished, put the soil back on that place. clearance/restoration as embankment erosion along The leftover spoil soil should be collected part of the C-ESMP to be the watercourse. and kept aside for rehabilitation of the site at reviewed and approved by later stage of the work; re-vegetate the CSC/FE embankments with indigenous plant species • CSC/FE will regularly monitor safeguards compliance of contractor and report results to PMU/ DOW and DPWT ESMP Attachment 1-10, July 2020, updated in March 2022 81 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province # Activities causing impacts Mitigation Measures Action Plan and Responsible Monitoring Remarks Entities Indicators 19 Noise, vibration, and air • All truckloads of loose materials are covered • Contractor prepares and Excessive dust and The measures/plan quality (mostly dust) during transportation. Water spraying or any implements plan for noise generation will be implemented other methods are used by the Contractor to environmental quality controlled as part of the ECOP maintain the works areas, adjacent areas, management as part of the and roads, in a dustless condition, as well C-ESMP to be reviewed the vehicle speed not to be exceeded from and approved by CSC/FE 30Km/h. Vehicles will be tuned regularly to CSC/FE will regularly minimize the smoke emissions. monitor safeguards • Watering of active construction work areas compliance of contractor and/or transportation routes to minimize and report results to PMU/ dust emissions, regular and effective DOW and DPWT maintenance of equipment will mitigate emissions and noise; • Covering of construction materials, re- vegetation of disturbed areas immediately following construction also assists in reducing dust emissions; • The use of noise barriers in sensitive areas and controlling of vehicle speed and hours of work are effective noise and vibration mitigation measures. • Vehicles and equipment used to be fitted, as applicable, and with properly maintained silencers. Restriction on loudly playing radio/tape recorders etc. • Effective management of construction activities, equipment, and ESMP Attachment 1-10, July 2020, updated in March 2022 82 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province # Activities causing impacts Mitigation Measures Action Plan and Responsible Monitoring Remarks Entities Indicators contractor/workers/drivers. • The C-ESMP, occupational and community health and safety plan, a sub plan to control emission of dust, air quality, noise, and vibration during construction and transportation of construction materials should be prepared. 20 Excavation of borrow areas • Excavate borrow soil up to maximum depth • Contractor prepares and Borrow area The measures/plan at average of 2m; with slope boundaries implements plan for rehabilitated as per will be implemented quarry and borrow pit specification as part of the ECOP 21 Rehabilitation of borrow pits • Proper rehabilitation of borrow pits; Removal and storage of top 15 cm topsoil management plan as part having organic materials and spreading it of the C-ESMP to be back during restoration of borrow area reviewed and approved by CSC/FE • CSC/FE will regularly monitor safeguards compliance of contractor and report results to PMU/ DOW and DPWT 22 Encountering archaeological • The project field supervisor (CSC or filed • Contractor to follow The report from the See “chance find sites during earth works engineer) will halt the work at the site and “chance finds procedure� CSC/FE, community, procedures� in inform to the regional team leader and in ECOP and contractor ECOP Archaeological Department immediately. • CSC/FE will regularly monitor safeguards compliance of contractor and report results to PMU/ DOW and DPWT ESMP Attachment 1-10, July 2020, updated in March 2022 83 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province # Activities causing impacts Mitigation Measures Action Plan and Responsible Monitoring Remarks Entities Indicators 23 Aesthetic/ scenic quality • Carry out complete restoration of the • Contractor to follow all Cleanliness and See all relevant plans construction sites. ESS requirements in tidiness of works in ECOP • Remove all waste, debris, unused ECOP sites and work camp construction material, and spoil from the • CSC/FE will regularly worksites. monitor safeguards compliance of contractor and report results to PMU/ DOW and DPWT 22 Excavation in Nam Mao • Prepare and implement Spoil/dredge • Contractor prepares and Proper management The measures/plan and Nam Kor will increase Material Disposal Plan, Sedimentation and implement sub-plans as of the site and no will be implemented turbidity in the river and/or Erosion Control Plan, and Water Quality part of the C-ESMP to be complaints on water as part of the ECOP increase river bank erosion. uses (water turbidity) Management Plan as part of C-ESMP. reviewed and approved by CSC/FE from local authorities • Ensure that surface run-off and • CSC/FE will regularly and residents. sedimentation control measures such as monitor safeguards sedimentation ponds and silt fences are compliance of contractor installed and maintained to minimize and report results to PMU/ erosion. DOW and DPWT • After completion of construction work all the damaged roads / tracks will have to be restored by the contractor, as it is contractor’s obligations. 24 Possible safety risk due to Include responsibility on UXO clearance in the • PMU/DOW and DPWT No accident due to UXO risk is UXO during construction bidding document and ensure that the contractor UXO during considered low. is aware of this application construction ESMP Attachment 1-10, July 2020, updated in March 2022 84 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province ATTACHMENT 6: PROJECT ENVIRONMENTAL CODE OF PRACTICE (ECOP) 1. This attachment presents a generic ECOP to be applied during the preparation of the contractor Environmental and Social Management Plan (C-ESMP) for Oudomxay (ODX) project. It will be incorporated into the bidding document (BD) and contract document (CD) and the implementation cost will be part of the contract cost. The Construction Supervision Consultant (CSC) and/or field engineer will be assigned to supervise and monitor Contractor’s compliance with ECOP and the approved the C-ESMP by DOW/PMU on a day- to-day basis. The Project Implementation Unit (PIU) in Oudomxay province (PIU/DPWT) will be assigned to conduct monthly monitor and reporting for contractor performance. 2. Quarterly monitoring and six-moth monitoring will be conducted by the Safeguards Monitoring Working Group (SMWG) comprising PONRE/DONRE and other local entities; the Project Management Unit of the Department of Water (PMU/DOW); and the Environment Research and Disaster Prevention Division of the Public Works and Transport Institute (EDPD/PTI). This ECOP can be adjusted during the preparation and approval of the C-ESMP. 3. Application of ECOP: The ECOP describes the Contractor’s obligations during the construction phase with an aim to mitigate the typical potential negative impacts of civil works on local environment and local population such as increased in air, noise, vibration, waste generation, safety risks, local traffic, etc. which could be mitigate through good environmental management and construction practices. However site-specific measures may be required to address site-specific issues identified in Attachment 5B as agreed between DOW/PMU and the contractor. Key actions during the application this ECOP are highlighted as follows: • During preparation of the C-ESMP, incorporate specific actions and/or mitigation measures identified in Table 5B-3 as well as those to be required by MONRE including the results from consultation with local authorities and community into the final ECOP (Parts 1, 2, and 3). Based on the initial consultation with local authorities and community specific requirements has been incorporated as the site- specific actions into Part (2) of this ECOP. This part could be modified as appropriate. • After the C-ESMP is approved by the DOW/PMU with support from CSC/ISWS and advice from EDPD/PTI, the activities will be conducted in compliance with the approved C-ESMP. 4. Scope of ECOP: ECOP requirements are divided into 3 parts: (1) General Provision and Planning, (2) Site-Specific Actions, and (3) Works Management and Monitoring. Part (1) describes roles and responsibility of the subproject owner, the Contractor, and supervisor including the basic requirements of the WB groups and the principles for Contractor to consider during the planning or development of the contractor’s standard operation procedures. Part (2) describes site-specific requirements that require particular attention as a result of specific concerns expressed by local authorities and/or communities, typical issues observed during supervision, and/or site-specific issues. Part (3) describes standard requirements during execution of works to reduce potential impacts on air, noise, vibration, water, etc. including key monitoring indicators that could facilitate effective supervision and monitoring. ESMP Attachment 1-10, July 2020, updated in March 2022 85 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province 5. The following guidelines will be implemented by the Contractor and is considered as part of contract documents of the subproject to be conducted by Contractor. It is noted that the final application of the ECOP can be adjusted during the preparation of C-ESMP to ensure that it is effective and practical taking into account the nature of the contract, locations and nature of the project activities, and agreement between DOW/PMU and contractor. Key change should be reported in the E&S safeguard monitoring report. The C-ESMP will also have a clear action to mitigate potential safety risk related to UXO as well as those to be carried to address Covid19 pandemic issues (see Attachment 9). Part (1): General Provision and Planning Section (1.1) Contractor responsibility 6. The Contractor is responsible for making best effort to reduce and mitigate the potential negative impacts on local environment and local resident including making payment for all damages that may occur. Performance of the Contractor will be closely supervised and monitored by the Construction Supervision Consultant (CSC) and/or qualified field engineer as well as periodic monitored by a qualified consultant to be assigned by the subproject owner (DPWT) and/or staff from the Environment and Social Unit of DWPT (SMWG/DPWT). Results of the ECOP compliance monitoring will be included as part of the subproject progress report. Compliance with ECOP will be required throughout the construction period. 7. For clarity, the term “works� and/or “construction� in this document includes all site preparation, demolition, spoil disposal, materials and waste removal and all related engineering and construction activities. Section (1.2)Non-compliance reporting procedures 8. The Contractor (and its subcontractors if any) must comply with the final ECOP. To ensure that necessary action has been undertaken and that steps to avoid adverse impacts and/or reoccurrence have been implemented, the CSC, the SMWG/DPWT, and/or the Contractors must advise the subproject owner within 24 hours of any serious incidents of non-compliance with the final ECOP that may have serious consequence. In the event of working practices being deemed dangerous either by the subproject owners, the local authorities, or the other concerned agencies, immediate remedial action must be taken by the Contractors. The Contractors must keep records of any incidents and any ameliorative action taken. The records on non-compliance that could be practically addressed (not cause serious impacts) will be reported to the subproject owner on a monthly basis. 9. The Contractor will be responsible for dealing with any reports/grievance forwarded by the project investment owner, Police or other agencies (by following instruction from the project investment owner representative as appropriate) as soon as practicable, preferably within one hour but always within 24 hours of receipt by either the Contractor. The CSC/SMWG will monitor and ensure that the Contractor has taken appropriate action. Where appropriate, approval remedial actions may require an agreement from the local authorities and/or other Government agencies. Procedures should be put in place to ensure, as far as is reasonably practical, that necessary actions can be undertaken to avoid recurrence and/or serious damage. Section (1.3)Liaising with local authorities and the public 10. Prior to the commencement of project investment activities and throughout the construction duration, the Contractor will work closely with the local authorities and other agencies to ensure full compliance with Government regulations and will also provide ESMP Attachment 1-10, July 2020, updated in March 2022 86 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province adequate information on the Project to the general public, especially those that may cause public safety, nuisance, and sensitive areas and the locations of storage and special handling areas. The Contractor will provide information and reporting telephone “Hot Line� staffed at all times during working hours. Information on this facility shall be prominently displayed on site hoardings. Section (1.4) Community relations 11. The Contractor will assign one community-relation personnel, who will be focused on engaging with the community to provide appropriate information and to be the first line of response to resolve issues of concern. Contractor will take reasonable steps to engage with residents of ethnic minority backgrounds and residents with disabilities (or other priority groups as appropriate), who may be differentially affected by construction impacts. 12. The Contractor will ensure that local residents nearby the construction sites will be informed in advance of works taking place, including the estimated duration. In the case of work required in response to an emergency, local residents shall be advised as soon as reasonably practicable that emergency work is taking place. Potentially affected residents will also be notified of the ‘Hotline’ number, which will operate during working hours. The “Hotline� will be maintained to handle enquiries regarding construction activities from the general public as well as to act as a first point of contact and information in the case of any emergency. All calls will be logged, together with the responses given and the callers' concerns action and a response provided promptly. The helpline will be widely advertised and displayed on site signboards. 13. The Contractor respond quickly to emergencies, complaints or other contacts made via the ‘Hotline’ or any other recognized means and liaise closely with the emergency services, local authority officers and other agencies (based on established contacts) who may be involved in incidents or emergency situations. 14. The Contractor will manage the work sites, work camps, and workers in a way that is acceptable to local residents and will not create any social impacts due to workers. Any construction workers, office staff, Contractor’s employees, or any other person related to the Project found violating the “prohibitions� activities listed in Section (1.5) below may be subject to disciplinary actions that can range from a simple reprimand to termination of his/her employment depending on the seriousness of the violation. Section (1.5) Prohibitions 15. The following activities are prohibited on or near the subproject sites: • Cutting of trees for any reason outside the approved construction area; Hunting, fishing, wildlife capture, or plant collection; Buying of wild animals for food; Having caged wild animals (especially birds) in camps; Poaching of any description; Explosive and chemical fishing; Disturbance to anything with architectural or historical value; • Building of fires; Use of unapproved toxic materials, including lead-based paints, asbestos, etc.; Use of firearms (except authorized security guards); Use of alcohol by workers in office hours; Driving in an unsafe manner in local roads; and • Washing cars or machinery in streams or creeks; Maintenance (change of oils and filters) of cars and equipment outside authorized areas; Creating nuisances and disturbances in or near communities; Disposing garbage in unauthorized places; Indiscriminate disposal of rubbish or construction wastes; Littering the site; Spillage of potential pollutants, such as petroleum products; Collection of ESMP Attachment 1-10, July 2020, updated in March 2022 87 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province firewood; Urinating or defecating outside the designated facilities; and Burning of wastes and/or cleared vegetation. Part (2) ESS Specific Requirements Section (2.1) Implementation of “Chance Find Procedures� 16. If the Contractor discovers archeological sites, historical sites, remains and objects, including graveyards and/or individual graves during excavation or construction, the Contractor will carry out the following steps: - Stop the construction activities in the area of the chance finds; - Delineate the discovered site or area; - Secure the site to prevent any damage or loss of removable objects. In cases of removable antiquities or sensitive remains, a night guard shall be arranged until the responsible local authorities or the National Culture Administration take over; - Notify the project engineer, supervisor (CSC), the project owner (PMU/DOW), and/or DPWT and EDPD/PTI who in turn will notify the responsible local authorities and the provincial Culture Department immediately (within 24 hours or less); - Responsible local authorities and the provincial Culture Department would be in charge of protecting and preserving the site before deciding on subsequent appropriate procedures. This would require a preliminary evaluation of the findings to be performed by the archaeologists of National Culture Administration. The significance and importance of the findings should be assessed according to the various criteria relevant to cultural heritage; those include the aesthetic, historic, scientific or research, social and economic values; - Decisions on how to handle the finding shall be taken by the responsible authorities and the provincial Culture Department. This could include changes in the layout (such as when finding an irremovable remain of cultural or archaeological importance) conservation, preservation, restoration and salvage; - Implementation for the authority decision concerning the management of the finding shall be communicated in writing by relevant local authorities; and - Construction work could resume only after permission is given from the responsible local authorities or the provincial Culture Department concerning safeguard of the heritage. Section (2.2) Implementation of the Environmental, Health, and Safety (EHS) guideline 17. In line with the WB safeguard policy, the Contractor is required to comply with the Environmental Health and Safety Guidelines (EHSG)1 established for the project investment 1The EHSG provides general guidance on the pollution prevention and abatement measures and workplace and community health and safety guidelines that are normally acceptable in WBG-supported projects, particularly in cases where the borrowing country does not have standards, or when its standards fall significantly short of international or industry-wide ESMP Attachment 1-10, July 2020, updated in March 2022 88 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province with financial support from the WB. For the Project, the Contractor will prepare a number of management plans/sub plans to protect the local environment and ensuring safety of workers and local peoples. On the latter, an occupational and community health and safety plan (OCHSP) will be prepared and incorporated into the Contractor’s own Standard Operating Procedures (C-SOPs). At a minimum the following rules will be strictly followed, however, more comprehensive measures may be required: Site Environment and OCHS Rules - Daily and weekly OCHS orientation sessions before starting work; - Wearing of personal protective equipment (PPE) such as gloves, helmets, safety shoes, dungarees, goggles etc; - Follow the messages and instructions displayed on the environmental management plans and OCHS notice boards installed on site; - Promptly reporting all accidents to the concerned authority; - Maintain appropriate barricades of dangerous areas, as required; - Vehicles must be driven at a safe speed, observing speed limits of 30 Km/h in sensitive areas and use only the designated routes as mentioned in the Traffic and Transport Management Plan (TTMP); - Drivers must have a valid driving license for the class of vehicle they are operating; - Vehicles should only be parked in designated parking areas; and - Land mines/UXO clearance of the project area as needed. Health and Hygiene: The measures should include: - Provision of adequate medical facilities to the staff; - Provision of hygienic food to the employees; - Provision of cooling and heating facilities to the staff; and - Provision of drainage, sewerage and septic tanks in camp area. Security: Security measures should include: - Regular attendance and a controlled time keeping of all employees; - Restriction of un-authorized persons to the work areas and/or worker camps; - Restriction of carrying weapons and control hunting by employees; and - Provision of boundary walls/ fences with proper exits to the camp. norms. The EHSG are divided in two parts: general guidelines on health and safety and pollution prevention and abatement, including general standards for air and water quality, and a set of sector-specific guidelines for various types of development projects. ESMP Attachment 1-10, July 2020, updated in March 2022 89 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Section (2.3) ESS Requirements before Commencement of Construction 20. Before construction begins (at each Project site), all the following requirements will be completed, checked and approved by DWPT, PONRE, and EDPD/PTI: - Within 28 days after contract awarded, submission of the C-ESMP with adequate measures to mitigate potential negative impacts described in this ECOP. The C- ESMP will be prepared in line with the Project-ESMP and it will be reviewed and approved by PMU/DOW with support from CSC/FE and advice from EDPD/PTI. The approved C-ESMP will be sent to EDPD/PTI, DPWT, and/or PONRE. - Recruitment of key ESS staff of the contractor to be responsible for environmental, social and safety aspects. - Establishment of worker camps with quality health services and sanitary equipment and all required supporting facilities and workshop/material storage area in comply with the ESS requirements related to the labour management, worker camp and storage area described in Part 3. Worker camps and storage areas will be checked and approved by DPWT and PONRE before moving or utilization of the area. - Development of Code of Conducts (COC) and Company Project Rules regarding health and safety of workers and local communities to prevent and address potential risks and issues associated with possible labour influx including SEA, GBV and VAC (see Attachment 6). The Contractor will provide training to all Contractor’s staffs and workers working for the Project. Code of Conducts and Company Project Rules will be signed and stamped by company management team and all staffs and workers. - Provision of a list of Contractor’s key staff, engineers, and worker to be working on site. The information will be included, but not limited to, personal data, criminal check and health data to ensure that all employees are free of the following diseases: liver cancer and sexually transmitted diseases (STDs) with the following information: names and surnames, ages, address (village, district, province, contact details, status (single, married), health (good), family information (number of children, name of wife, address and contact details) and among others. The list of employees will need to be attached in C-ESMP and distribute to all project affected communities/villages. - Consultation with affected communities/villages on Project activities, risks/ impacts, prevention and mitigation measures and other community health and safety information. The consultation reports will be submitted to DWPT and EDPD/PTI with list of participation and minutes of consultation. 21. The Contractor will (a) install signs and signals on works in progress to ensure safety both during day and night time; (b) ensure no blockage of access to households during construction and/or provide alternative access, provide footbridges and access of neighbours; and (c) endure construction of proper drainage on the site. The measures should be considered and the key ones are highlighted as follows: ESMP Attachment 1-10, July 2020, updated in March 2022 90 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province - Project sign board will be installed at the beginning and the end sections of the Project. - Speed limit signs will be installed at both edges of village, communities, schools, hospitals and other sensitive areas with speed limit between 20-25km/hr or any speed issued by local authorities; - Speed limit and caution signs at both edges of each active construction area; - Install signs indicating way to work camps, borrow pits, quarries, etc., - Bypass signs, reflection, etc., - Ensuring that local communities are active involve in the planning and installation of these signs and help preventing damages and/or loss as much as possible. 22. The Contractor will also be required to complete the environmental management sub plans and the OCHS Plan and complete at least one training for all contractor staff and workers working for the Project with records of any training and induction. Periodic and follow-up trainings will be conducted at least 1 time in every 3 months. Section (2.4) ESS Requirements during Construction and Project-Site Closure 23. The ESS requirements during Construction is provided in Part 3. The Contractor will also be required to manage all activities in compliance with laws, rules and other permits related to site construction regulations (what is allowed and not allowed on work sites) and will protect public properties. Degradation and demolition of private properties will be avoided. Paying compensation to damage to the public facilities and/or private property will be required. The Contractor will inform PMU/DOW and DPWT on issue and/or damages that may unexpectedly occur. 24. As part of the ECOP, the Contractor is responsible for protection of local environment against dust, air, noise, vibration, exhaust fuels and oils, and other solid wastes generated from the work sites. The Contractor will manage waste properly and do not burn them on site and will also provide proper storage for construction materials, organize parking and displacements of machines in the site. Used oil and construction waste materials must be appropriately disposed-off and adequate waste disposal and sanitation services will be provided at the construction site next to the generated areas. In order to protect soil, surface and ground water the Contractor will avoid any wastewater discharge, oil spill and discharge of any type of pollutants on soils, in surface or ground waters, in sewers and drainage ditches. Compensation measures may be required. 25. Construction site closure. Before each Project site is considered completed, the following actions will be undertaken: - Clean up all wastes and disruption and removal of construction equipment, construction waste and general wastes from the Project ROW and all location used by the Project during construction such as worker camps, parking bays, and storage areas, borrow pits, quarries and ancillary facilities. - Stabilize all borrow pits or implement all agreed measures in accordance with agreements stipulated in minutes or documents signed between the Contractor and landowners. If needed, signing of a handover documents for borrow pits will be required. ESMP Attachment 1-10, July 2020, updated in March 2022 91 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province - Stabilize and/or rehabilitate all project sites to ensure community safety and erosion control. - Together with DPWT and PONRE, provide training on OHS to all affected community. All training will be recorded and affected communities will sign the training received sheet. - Submission of ES Site Closure Report to DPWT and EDPF/PTI one month before project completion inspection. Any potentially defects to the works will be fixed to ensure good conditions before completing the contract. Section (2.5) GOL Regulations and Comments from Local Communities 26. Environmental Impact Assessment (EIA) has been prepared and Environmental Compliance Certificate (ECC) has been issued before commencement of construction. The Contractor will be required to comply with the ECC approval conditions as well as to be responsive to the concerns and/or the requests made by local authorities and/or local communities throughout the contract period. Part (3) Works Management and Monitoring 27. This section provides technical guidance on the ESS requirements during construction phase. At a minimum, the Contractor is required to prepare and submit to DOW/PMU through CSC/FE the following, but not limited to, plans/sub plans: (i) Construction Site Management Plan (CSMP) including site safety, spill prevention, and emergency response, (ii) Occupational and Community Health and Safety Plan (OCHSP), (iii) Environmental Quality Management Plan (EQMP), (iv) Site Clearance and Borrow Pit Management Plan (SCBMP), (v) Waste Management and Recycling Plan (WMRP), (vi) Works/Worker Camp Management Plan (WCMP), (vii) Traffic and Transportation Management Plan (TTMP), (viii) Labor Management Plan (LMP), and (ix) Monitoring and Reporting Plan (MRP). Scope of these plans are described below. Section (3.1) Construction Sites Management Plan (CSMP) 28. This plan aims to mitigate potential impacts at the construction sites in general. Key requirements are related to working hours, site layout and appearance and good housekeeping as well as operations of equipment and vehicles including prevention of spill and emergency response. Monthly inspection/meeting should be conducted to ensure that these procedures are adhered to. The Contractor must follow a ‘good housekeeping’ policy at all times. Preparation of contractor SOP (C-SOP) may be required by DOW/PMU. All Project sites should be cleared by the Contractor on completion of the construction. (a) General requirements on construction sites 29. The Contractor is required to minimize, as far as reasonably practicable, any adverse environmental impact of their construction activities. All appropriate licenses and consents in respect of site operations will be timely secured. A construction site should satisfy the following requirements: - Working hours: Core working hours will be from 0800 to 1800 on weekdays and 0800 to 1300 on Saturday and this should be established in close consultation with local authorities and local resident. Noisy operations will not take place outside these hours without prior approval from the SMWG/CSC/FE. All construction related traffic can be adjusted according to the agreed working hours for each site. ESMP Attachment 1-10, July 2020, updated in March 2022 92 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Any exemption will require an agreement with the PMU/DOW, CSC/FE, and/or local authorities. - Site layout. The overall site layout must be designed and approved under regulations to suit the construction location, the site’s area, natural and climate conditions in the place of construction, facilitate the construction and ensure safety for human, machines and equipment at the construction site and the surrounding areas affected by construction activities. - Site arrangement. Supplies and materials are placed neatly according to the approved overall plan design. Supplies, materials and obstacles are not placed on roads, emergency exits or fire entrances. Flammable and explosive material warehouses are not arranged near the place of construction and tents. Waste materials are removed and discharged in prescribed places. Water drainage systems are regularly cleared to ensure that the construction ground is always dry. - Signs. At the construction site, appropriate signs must be installed. At the main entrance, a plan of the overall ground of the construction site and working regulations is displayed. Safety measures and rules are publicized at the construction site for compliance. At dangerous places at the construction site, such as areas going through local community with limited space and/or dangerous operations, installation of temporary fences, warning signs and instructions for accident prevention (including installation of light/reflection) must be provided. - Good housekeeping: The Contractor will follow a ‘good housekeeping’ policy at all time for the workers and the surrounding environment. This will include, but not necessarily be limited to the following: dust and noise control; waste treatment, keeping the site clean and tidy. To sites located near residential areas, wastes must be covered and collected and properly disposed-off. Construction and waste materials during transportation must be properly covered to ensure safety and environmental sanitation. - Training of staff and workers. Before starting construction, an approved design of construction measures including those related to transportation of construction materials are required. The measures will include those to ensure safety of workers, construction machines and equipment for each job, and/or local people. Training of workers and/or drivers on technical and use instructions, etc. will also be required. During construction, the approved design as well as regulations, standards and technical processes are complied with. Jobs dependent on the quality of previous jobs are performed only after the previous jobs have been tested to meet quality requirements under regulations. (b) Local cultural and traditional sites 30. The Contractor is required to respect local cultural/historical sites, including temples and other spiritual sites/resources for ethnic peoples and ensuring security and privacy of women and households in close proximity to the camps. Measures can be included in an appropriate management plan described in this ECOP. (c) Fire, spill, and emergency plan 31. The Contractor to set up specific measures for prevention of fire and spill of toxic/hazardous chemicals and provide appropriate facilities and equipment that could help fighting fire at the construction site, which has its own working regulations on its specific duties and powers. A sub plan on to prevent fire and toxic/hazardous chemical spill will be ESMP Attachment 1-10, July 2020, updated in March 2022 93 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province prepared and approved under regulations including preparation of emergency response. This will include assignment of specific staff and/or team to be responsible for ensuring safety and organizes training on these procedures. In/near urban area, at the construction site, local fire- fighting equipment are arranged (if possible). At fire-prone places, inflammable signboards and fire-fighting and alarm equipment are installed to promptly detect fires and take remedies. Section (3.2) Occupational and Community Health Safety Plan (OCHSP) 32. This plan aims to ensure safety of contractor workers and staff who work on the Project and well as protection of community safety. Experience of riverworks in Lao PDR suggested that safety of worker and local community are high priority, especially when the activities are conducted in rural and/or mountainous areas due to limited space/area for operations of heavy equipment and vehicles. 33. The Contractor is required to take the following actions: - Conduct a safety risk assessment of all construct sites and identify the area and type of safety risks and prepare/implement measures to mitigate them effectively. Electric equipment should be safely insulated during the construction process while the workers knowledge on safety techniques and ways to give first aid to persons who get electric shock and/or accident should also be provided. - Ensure that key managers and workers are fully capable in the jobs they perform under regulations. Operators of construction machines and equipment and performers of jobs with strict labor safety requirements are trained in labor safety and possess labor safety cards under regulations. Workers at the construction site are provided with medical checks-up and safety training and adequate personal safety equipment under the labor law. - Construction machines and equipment with strict labor safety requirements are inspected by and registered with competent agencies under regulations for operation at the construction site. During operation, they comply with safety processes and measures. If construction equipment is operated outside the construction site, the investor approves safety measures for construction-affected people, machines, equipment and works inside and outside the construction site. If due to construction conditions, equipment have to be placed outside the construction site and while not in operation, if they operate outside the construction site, such is permitted by authorized agencies under local regulations. - Unexploded Ordnance (UXO): Although the risk is considered low, but due consideration and actions will be required. The Contractor will be responsible for ensuring UXO safety of the construction site. The response process needs to be included in emergency procedures. The emergency procedures will be prepared and carried out if UXO risk is identified at the construction site. 34. The Contractor is also responsible for maintaining good hygiene, safety, and social welfare security of the work sites, including protection of and health and safety of staff and workers. The Contractor will prevent standing water in open construction pits, quarries or fill areas to avoid potential contamination of the water table and the development of a habitat for disease-carrying vectors and insects. Safe and sustainable construction materials and construction method should be used. Section (3.3) Environmental Quality Management Plan (EQMP) 35. This plan aims to reduce potential impacts on air, noise, vibration, and water quality. During construction, the Contractor will specifically take serious actions on the following: ESMP Attachment 1-10, July 2020, updated in March 2022 94 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province - To control dust by using water or through other means and the construction site will be cleaned on a daily basis; - To work with local authority and management local traffic effectively and ensure traffic access and safety of local residents and river users during the works. Speed limit at work sites and community area will be applied to all vehicles and cars. All vehicles and their drivers must be identified and registered, and the drivers are properly trained; 36. Dust, noise, and vibration. The Contractor must make efforts to control dust, noise, and vibration levels from the site, as far as is reasonably practicable. Excessive noise/vibration generation activities must be in accordance with GOL standards. For critical areas, the Contractor many be required to conduct noise measurement in close consultation with the local residents and establish appropriate measures to control and manage noise level. Measures for reducing dust and other air pollution, noise, and vibration are provided as follows: - Inform the residents: Prior to commencement of work at any site, the Contractor will be required to inform the local authority and residents regarding the construction plan and potential noise and vibration that may occur from the construction activities, including measures to reduce noise and vibration. - Dust control: The Contractor will ensue that no burning of waste materials on site; adequate water supply is available on site; dry sweeping of large areas is not allowed; Cover all trucks carrying loose or potentially dusty materials (soil, mud, etc.) to and from construction site; Water or sprinkle the construction areas periodically, especially at site located near residential area; avoid overloaded of trucks; routinely clean public roads and access routes; Ensure vehicles working on site have exhausts positioned such that the risk of re-suspension of ground dust is minimized (exhausts should preferably point upwards), where reasonably practicable; Control driving speed on un-surfaced haul routes and work areas; Ensure bulk cement and other fine powder materials are delivered in enclosed tankers and stored in silos with suitable emission control systems to prevent escape of material and overfilling during delivery; Mix large quantities of cement, grouts and other similar materials in designated areas; Store materials with the potential to produce dust away from site boundaries where reasonably practicable; Minimize the amount of excavated material held on site; Sheet, seal or damp down unavoidable stockpiles of excavated material held on site, where required; Seal or re-vegetate completed earthworks as soon as reasonably practicable after completion. - Care must be undertaken during the transportation of construction materials to and from the construction site; the spoil must be covered at all time. Fly-tipping will not be permitted. Loads must only be deposited at designated sites. The Contractor will be responsible for all the trucks delivering to, or exiting from, a worksite and will clean up all damage that may occur to public road and other public facilities. Care should be taken when loading or unloading vehicles or dismantling scaffolding or moving materials to reduce impact noise. Loading or unloading bays may have to be housed in suitable acoustic enclosures. - Noisy plant or equipment including will be sited as far away as is practicable from noise sensitive buildings. The use of barriers, (e.g. soil mounds), site huts, acoustic sheds or partitions to deflect noise away from noise sensitive areas should be employed wherever practicable. ESMP Attachment 1-10, July 2020, updated in March 2022 95 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province - The Contractor will be obliged to comply with the vibration levels according to GOL standards. Due attention will be given to minimize human exposure (1 Hz to 80 Hz) and protection of damage to nearby structures. 37. Water quality. The Contractor must take all the efforts to prevent wastes (solid and liquid) discharge into all rivers and to protect surface and groundwater from pollution and other adverse impacts including changes to water levels, flows and general water quality. Discharge of engine oil and oily waste from dredgers and construction machines to the rivers will be strictly prohibited. Engine oil, used oil, and other toxic substances and hazardous wastes must be properly collected, stored, treated, and/or disposed-off. Key measures are as follows: - Used oil/engine oil: The oil container at the construction site (especially when the site is located less than 10 meters from the waterways) must be of sufficient strength to ensure to prevent leakage. The container must be situated within a secondary containment system (bunded), which will prevent the release of any leaked oil. The Contractor must make provisions to ensure that all hazardous substances including oil drums or containers on site are properly labeled and properly stored and that no oil or other contaminants are allowed to reach water courses or groundwater. - Wastewater from sites: Whenever possible, the Contractor must minimize the amounts of wastewater that need to be discharged and find alternative means of disposal. The Contractor will ensure that any seepage and wastewater arising from the works and camp sites must be collected and discharged via a settlement tank. The standards for wastewater treatment prior to discharge must be agreed in advance with the ESA. Contaminated water or water of an uncertain quality must be discharged into sewers by tankers or other approved means of disposal. - Drainage. Water drainage must be designed to avoid stagnant conditions that could create bad smell and unsanitary condition. The Contractor must agree with the ESA in advance, details of the methodology to be employed, prior to commencement of the construction. Particular attention must be given to regular pest control treatment (particularly rats and flies); removal of sludge and other debris after drainage; reducing smell nuisance from sludge and algae by measures including deodorizing, hosing down etc. Safety measures must also be taken to protect both the general public and employees and to prevent fly-tipping and illegal access during the development works. Section (3.4) Works/Worker Camp Management Plan (WCMP) 38. This plan aims to mitigate negative impacts due to establishment and operations of work yard and worker camps including storage site management. The Contractor will carry out, but not limited to, the following: - The Worker Camp and workshop storage area will be located on areas far enough from water points, houses and sensitive areas in consultation with the community and the subproject owner. Worker camps shall not be located within 500 meters of any sensitive receptors, urban area and at least 200 meters from any surface water course and not within 2 kilometers of a protected area. - Worker camps, cooking facilities, and toilets will be provided with roofs, walls and wooden floors or paved with concrete while the camp yards and storage can be compacted or paved with gravels. If possible, the worker camps should be ESMP Attachment 1-10, July 2020, updated in March 2022 96 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province fenced and provided with entrance gates to prevent unauthorized entry. In addition, the worker camps will be provided with storm water drainage system around the camp facilities to prevent flooding, mud, erosion and sediment transport to natural environment. - Worker camps will be provided with basic facilities and utilities including but not limited to: office, notice boards and regulations of the company and about the Project, beds, mosquito nets, blankets, clean drinking water and safe portable water, sufficient waste bins, first aid kits and necessary medicines, fire extinguishers, etc. - For bathing and toilets, the Contractor will ensure that )1(separate toilets for males and females and sewage and wastewater will be retained in sediment pond(s); (2) Toilet chambers will be designed appropriately to be able to treat sludge and sewage prior to discharge to closed retention ponds without exposure to vectors and/or diseases; (3) building of toilet rooms, sewage chambers and retention ponds will be away from natural water bodies, streams, and wetland areas. The floor of retention chambers will be above the aquifer layer. - Material storage facilities and workshop will be in proximity or within work camp area with fences, compacted ground or paved with gravel and drainage system. - Hazardous material storage area will be provided with roof, walls and concrete floor and bunds, storm water drainage and oil traps. Engine oil change requires steel trays on the floor to prevent hydrocarbon spills on soils. If spill is found, immediate cleaning is required by collecting contaminated soil and to a temporary container and maintained in hazardous storage area. 40. The Contractor will consult with local authority regarding the location of the worker camps and will provide appropriate water supply, garbage collection, toilets, mosquito net, and other health protection measures to all workers. Fishing, wildlife hunting, and other social disturbance to local societies are prohibited. Training of workers on safety, good hygiene, and prohibitions activities is required. Detail measures as follow: (a) During the preconstruction stage: - Contractor will consult with local authority and subproject management unit regarding the location of the worker camps - Once work camp location is identified, the Contractor will set up temporary accommodation for all the workers throughout the construction or maintenance period. In terms of supply and storage of domestic water at the work camp area, the Contractor will comply with the following requirements: (a) Provide adequate drinking water supply for the work camps in appropriate tanks/containers. The Contractor will identify appropriate public water source for drinking in consultation with the local authority; (b) in case no appropriate source of water is identified, the Contractor will take water from other sources which will be tested and treated before supplied to the work camps; (c) All water supply and storage areas must be away from the wastewater storage area, drainage system or other sources of contamination according to the regulations. Water from drains or contaminated water must not be used as domestic water at the site. ESMP Attachment 1-10, July 2020, updated in March 2022 97 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province - At all construction sites, facilities for washing and necessary and appropriate tools must be provided by the Contractor. Bathrooms must be provided separately for male and female workers. Such facilities must ensure convenience for use and cleaning. - Waste discharges, wastewater must be properly collected and disposed-off. - First aid/Emergency aid kit. The first/emergency aid kit must be available at the work camp area and managed by a responsible person. This person must be trained on emergency/first aid. Injured or seriously sick people must be taken to the nearest hospital. - Community relations. The Contractor will ensure that conflicts between the workers and local population are avoided. (b) Construction stage: - Work camps must be kept clean and tidy, unaffected by oil spill and construction wastes. Any oil spilt or leaked must be cleaned immediately to avoid soil and water contamination. Some actions to carry out are as follow: (a) avoid oil leakage into surface water or groundwater; (b) wastewater must not be disposed directly to natural water areas; (c) solid waste materials are removed and discharged in prescribed places at frequent intervals; (d) First/Emergency aid supplies and materials and cleaning tools are regularly provided. - PMU/DOW and/or CSC/FE will monitor the housekeeping of work camp areas and ensure these areas are kept clean throughout the construction period. (c) Construction completion. - During this stage, all work camps and facilities will be cleared away and removed from the site. The site will be rehabilitated to ensure the operation of the works. Section (3.5) Site Clearance and Borrow Pit Management Plan (SCBMP) 41. This plan aims to mitigate negative impacts due to excavation, site clearance, tree cutting in project alignment, stockpiling, quarries, and borrow pits including the needs for revegetation and/or rehabilitation of the work sites. Considerable amounts of borrow materials will therefore be needed to improve the swamp ground, including replacement of swamp deposits with rock fill, and in areas of embankment to attain the appropriate height of earthworks on which to form the required works. (a) Tree cutting, quarry and borrow pit 42. Tree cannot be cut without approval from CFC/FE. The Contractor will use a quarry of materials according to the regulations and compensate by planting of trees in case of deforestation or tree felling. When possible, the Contractor should develop maintenance and reclamation plans, protect soil surfaces during construction and re-vegetate or physically stabilize eligible surfaces, preserve existing fauna and flora and preserve natural habitats along streams, steep slopes, and ecologically sensitive areas. 43. The materials required to be sourced locally for riverworks construction including (river profile improvement, dike and bank-protection), riverside parks, bridges, weirs and urban drainage improvement. Borrow materials for embankment fill. Quarry stone for production of aggregates for asphalt, crushed stone base, concrete and masonry works; and Sand for concrete and mortar. It is expected that these sites will supply source materials to the closest section of the alignment to minimise the impact of transporting materials. ESMP Attachment 1-10, July 2020, updated in March 2022 98 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province 44. Commercial quarries and borrow pits approved by local environmental agencies should be used as much as possible. If non-commercial quarries and/or borrow pits are newly opened or expanded and used, in consultation with the CSC/FE, the Contractor will comply with the following requirements: - Large-scale borrow pits or stockpiles will need site-specific measures that may go beyond those required in this ECOP. - All locations to be used must be previously identified in the approved construction specifications. Sensitive sites such as scenic spots, areas of natural habitat, areas near sensitive receptors, or areas near water should be avoided. - When water pollution is expected, an open ditch will be built around the stockpile site to intercept wastewater. - Stockpile topsoil when first opening a borrow pit and use it later to restore the area to near natural conditions. - If needed, disposal sites will include a retaining wall. - If the need for new sites arises during construction, they must be pre-approved by the responsible local authorities. - If landowners are affected by use of their areas for stockpiles or borrow pits, they must be included in the project resettlement plan and proper agreement and record will be secured. - For any stockpile, quarry, or borrow pit sites opened for this project should be used only for the project activities and it should not to be used afterwards, unless it has been authorized by local authorities. - If access/rescue roads are needed, actions to mitigate all negative impacts described in this ESCOP will also be applied. The alignment for each of these roads must be clearly determined with its impacts and mitigation measures. (b) Earth excavation and demolition materials 46. During site physical clearance, earth excavation must be carefully handled to reduce dust and possible obstruction and causing nuisance and health impacts to local residents. Excavation that affects existing traffic and public utilities (such as pipeline, water supply, and bridges) must be properly planned in consultation with local authority and informed to the residents in advance. All excavation materials will be reused for dike/weir/gate construction and/or land filling at or nearby the work site. Demolition materials must be properly disposed-off. The Contractor must consult PMU/DOW and/or CSC/FE on the final selection of disposal sites and methods. 47. To mitigate potential impacts of material excavation include: Potential UXO risk; Exposure of soil that has the potential to lead to increased erosion and discharge of sediment into waterways; Exposed faces and slopes that may be at risk of landslide or collapse; The dewatering of some areas within source sites has potential to impact on flow activation of potential plumes; Discharge of effluents from aggregate washing and crushing has potential to impact on water quality; and Increased noise, dust and vibrations in the local area surrounding the source sites. The Contractor will consult local authorities and communities on UXO risks at all borrow materials, quarry stone and sand site, a quick assessment is undertaken for each site to ensure that UXO risk and impacts on local community and local environment are low and appropriate actions will be made by contractor to mitigate these risks/impacts. Obtaining approval letter from local authorities is required before utilization of ESMP Attachment 1-10, July 2020, updated in March 2022 99 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province each site. Each site should have a clear plan for mitigation of erosion and/or sedimentation measures including construction of drainage controls and sedimentation ponds, daily deployment and maintenance of sediment control devices such as silt fences and jute netting, and planning of quarrying operations to minimise long-term exposure of erosive materials. It is expected that each quarry will also have a rehabilitation plan for the closure of the site after the sourcing of materials. (d) Protection of natural habitats. 48. The Contractor must observe the national and local regulations and policies related to protected areas/species, wildlife sanctuaries. No trees in nearby sensitive areas can be cut without obtaining prior agreement with the authorities. When possible, organize training courses to improve environmental protection awareness of the staff and local communities. When the construction activities are carried out near and/or within sensitive areas (such as conservation and protection areas), the Contractor will ensure that the workers will not be involved in fishing and wildlife hunting and/or collection of plants, biodiversity and the activities (such as borrow pit) will not be located in the sensitive area without permission of local authorities. 49. Site restoration. The Contractor will use a quarry of materials according to the regulations and compensate by planting of trees in case of deforestation or tree felling. When possible, the Contractor should develop maintenance and reclamation plans, protect soil surfaces during construction and re-vegetate or physically stabilize eligible surfaces, preserve existing fauna and flora and preserve natural habitats along streams, steep slopes, and ecologically sensitive areas. Section (3.6) Waste Management and Recycling Plan (WMRP) 50. This plan aims to mitigate potential negative impacts due to generation of construction wastes and operations of works and worker camps (construction, hazardous, domestic) including recycle and reuse plan to be conducted during project construction. (b) Construction and hazardous wastes. 51. Preconstruction and construction activities may generate large amount of construction wastes including those generating from resurfacing and excavation of soil, old road surface and/or concrete structure and other surplus materials (oily wastes, miscellaneous woods, steel, etc.). Although most of these wastes are not toxic or dangerous (except for some oily wastes such as oily cloths after cleansing machines and equipment, etc.), proper measures for waste collection and treatment are required to avoid contaminating local environment (water quality, soil, natural habitats, landscape, and scenery) and local residents. The Contractor will prepare and implement a plan to reduce the generation of these wastes. When possible, these wastes should be properly reused and/or recycle. Bags and other solid wastes will be collected for recycling while appropriate arrangement will be made if a temporary disposal area will be required. Appropriate final disposal sites must be identified and implemented. (c) Domestic solid wastes 52. Generation of these wastes (food wastes and garbage including plastic) will be minimized and/or reused when possible. The Contractor must carry out appropriate measures for waste collection and treatment. The domestic wastes will be collected in plastic or wooden bins with lids placed in convenient places and in worker canteens. Periodically, at appropriate time, transport those bins to the disposal sites (the sites should be approved by local authorities). The Contractor must sign a contract with the Urban Environmental and Construction Company to collect and treat these wastes during construction. In case the ESMP Attachment 1-10, July 2020, updated in March 2022 100 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province wastes cannot be transported to the dumping site (for example, due to lack of appropriate transport route), wastes must be buried at temporary dumps in the project area in a sanitary way – a waste layer covered by a layer of soil, and when the dump is filled, it is covered by a soil layer about 50 cm thick. Temporary dump sites must be located at least 500 m away from residential areas, 200 m away from work camps and surface water sources, and not in the prevalent wind direction of the area. Upon completion of works, cover the entire temporary dumps with soil, ensure land, and landscape restoration for the subproject area. Section (3.7) Traffic and Transportation Management Plan (TTMP) 53. This plan aims to address negative impacts due to increase in traffic and transportation of construction materials especially those related to road safety, traffic congestions, dust, noise, and vibration. Key requirements are as follows: - The Contractor will be required to use designated construction traffic routes as agreed and/or directed by the local authorities and the Police. The number of truck movements, hours of operation and any truck holding areas will be agreed in advance with the local authority and the Police. Plans will be required for each site showing the site entrances/exits and the agreed access roads for use to the nearest main road, and the routes to be used by truck to and from the strategic road network. - The Contractor will maintain an up to date log of all drivers that will include a written undertaking from them to adhere to the local authority’s approved routes for construction traffic. In the case of non-compliance, the Contractor and/or their sub- contractor(s) would be in breach of contract, necessitating disciplinary action against individual drivers. - The Contractor may be required to provide truck stickers uniquely identifying the group of construction sites included in each contract, details of which shall be submitted to the local authority for approval. For identification purposes the Contractor will fix these in a prominent position on all trucks frequently serving the construction site. The identification will need to be sufficiently large to be easily read from a distance of 20 meters. Trucks waiting to enter or leave the site must switch off their engines to avoid unnecessary engine noise and emissions. Restrictions on the size and weight of vehicles accessing each site may be imposed depending on agreed access routes. 54. For construction that interference with a carriageway or footway, the Contractor will inform the local authorities, responsible agencies, and local residents before commencing the works and proposed measures to minimize the safety risk and inconvenience to the public. All necessary consents and licenses must be obtained in advance. The safety of the public must be ensured. In the case of temporary footways, reasonable access shall be provided for people in accordance with the following requirements: - Any temporary footways and carriageways will be constructed to the reasonable requirements of the local authorities and should have uniform surfaces as much as possible; - Clear signing must be provided at all times for pedestrian routes with the minimum number of changes to all temporary layouts in order to reduce confusion. Advance warning should, if possible, indicate alternative existing wheelchair-accessible routes; - After completion of the works all materials arising from the works will be cleared from the highway leaving the same in a clean and tidy condition to the reasonable requirements of the local authorities; and ESMP Attachment 1-10, July 2020, updated in March 2022 101 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province - The Contractor will be responsible for any damage caused by their activities to the roads and public facilities in the vicinity of the worksite. Any defects caused by the Contractors must be rectified immediately if dangerous or otherwise within 24 hours. - Any street furniture (electrical or non-electrical) cannot be removed or relocated by the Contractor or any of its sub-contractors without written agreement from the responsible agencies. Section (3.8) Labor Management Plan (LMP) --COC 56. This plan aims to minimize potential direct and indirect social impacts of contractor’s staff and workers including their behaviors on local communities. The Contractor will be required to have appropriate contract arrangement with staff and workers as well as to prohibit actions that may cause negative social impacts (direct and indirect) due to labor influx and possible health impacts (STDs, AIDs, etc.) to local peoples. The Contractor is required to implement and comply with Occupational Health and Community Safety Plan (OHCSP) as one of main part of overall ESHS requirements. The Contractor is encouraged to hire local labours including community and female workers to extent possible. Where local labours are not adequately available in the Project sites, labour or camp site management plan and is required to be prepared and implemented and monitored potential external labour influx and associated risks including SEA, GBV and VAC. Code of Conducts (COC) and Company Project Rules regarding health and safety of workers and local communities will be applied by the contractors and their sub-contractors and workers to be hired under the Project to manage the risks anticipated. 57. The Contractor will also be responsible for maintaining good hygiene, safety, and social welfare security of the work sites, including protection of and health and safety of staff and workers. The Contractor will prevent standing water in open construction pits, quarries or fill areas to avoid potential contamination of the water table and the development of a habitat for disease-carrying vectors and insects. Safe and sustainable construction materials and construction method should be used. Section (3.9) Monitoring and reporting Plan (MERP) 58. This plan aims to ensure that the mitigation measures are conducted timely and effectively. The Contractor will be required to submit the Contractor ESS monitoring report to DPWT and PONRE (with a copy to EDPD/PTI) on every 25th of each month. The report can be submitted electronically as agreed. Key monitoring sub plan and/or indicators (also see Attachment 5 Table 5B-3. (a) Site Management and Monitoring 59. Following approval of the C-ESMP, the Contractor will be required to attend a series of meetings with the CSC and/or Field Engineers to ensure that all compliance conditions and procedures are clearly understood and actions can be implemented on the ground. As part of the day-to-day supervision of works, the CSC/FE are also responsible for day-to-day supervision and monitoring of compliance of the C-ESMP and report the results in the progress report. The Contractor will be responsible for ensuring that all sub-contractors abide by the conditions of the C-ESMP. (b) M&E Plan 60. During construction, the Contractor will specifically take serious actions on the following: ESMP Attachment 1-10, July 2020, updated in March 2022 102 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province - To control dust by using water or through other means and the construction site will be cleaned on a daily basis; - To work with local authority and management local traffic effectively and ensure traffic access of road safety of local residents and road users during the works. Speed limit at work sites and community area will be applied to all vehicles and cars. All vehicles and their drivers must be identified and registered, and the drivers are properly trained; - To respect the cultural sites, ensure security and privacy of women and households in close proximity to the camps and the use of asbestos containing materials is not allowed; - To conduct daily monitoring and inspection of construction activities to ensure environmental and social impacts are managed and mitigated appropriately in local communities. These potential impacts include wastes, discharge, dust, community health and safety, OCHS, construction waste contaminated on private land, social issues and social security, etc.; - To implement and maintain a good community-relations in comply with requirements in the section on Community Relation below; and - To comply with Non-compliance Reporting Procedures as specified in Part 1 of the ECOP. (c) Contractors Reporting 61. The Contractor will prepare two levels of ESS reports: - Weekly Environmental Checklists – These will be prepared weekly by the Contractor’s ESS management (ESSM) team and the checklist will be submitted to the CSC/Engineer on a weekly basis. EDPD/PTI will provide a sample for the checklist. - Monthly Summary Report - in respect of compliance with C-ESMP will be submitted to the PMU/DOW and DPWT through the CSC/Engineer (with a copy to EDPD/PTI) on every 25th of each month. The report can be submitted electronically as agreed. ESMP Attachment 1-10, July 2020, updated in March 2022 103 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province ATTACHMENT 7: PROJECT CODE OF CONDUCT (COC) ON GENDER-BASED VIOLENCE (GBV) AND VIOLENCE AGAINST CHILDREN (VAC) 1. This Attachment provides guidance on the social Code of Conduct (COC) to be included in works contract to address the issues related to Gender-Based Violence (GBV) and Violence against Children (VAC) which is a new requirement to be applied to all projects with WB financing. These samples are used in several World Bank projects by the Lao MPWT such as LRSP2 and NR13N starting 2018. Sections A7.1, A7.2, A7.3, A7.4, A7.5, and A7.6 presents (i) Table of contents, objectives, scope, and definitions; (ii) Samples code of conduct; (iii) Action plan; (iv) GRM; (v) Services providers; (vi) CoC Focal Point; and (vii) Attachment 1 - Potential Procedures for Addressing GBV and VAC. A7.1 Table of Content 2. Table of Content, Objective, Scope, and Definitions are as follows: Table of Contents 1. Background 2. Scope 3. Definitions 4. Sample Codes of Conduct (a) Company Code of Conduct (b) Preventing Gender Based Violence and Violence Against Children (c) Manager’s Code of Conduct (d) Preventing Gender Based Violence and Violence Against Children (e) Individual Code of Conduct (f) Preventing Gender Based Violence and Violence Against Children 5. Action Plan (a) The GBV and VAC Compliance Team (b) Making Complaints: GBV and VAC Allegation Procedures (c) Addressing Complaints about GBV or VAC 6. GRM 7. Service Provider 8. GBV and VAC Focal Point (a) Accountability Measures (b) Monitoring and Evaluation (c) Awareness-raising Strategy (d) Response Protocol (e) Survivor Support Measures (f) Perpetrator Policy and Response (g) Administrative Sanctions ESMP Attachment 1-10, July 2020, updated in March 2022 104 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Attachment 1 - Potential Procedures for Addressing GBV and VAC ------------------------------------ Background 3. The purpose of these Codes of Conduct and Action Plan to prevent Gender Based Violence (GBV) and Violence against Children (VAC) is to introduce a set of key definitions, minimum standard sample Codes of Conduct, and guidelines that establish mechanisms for preventing, reporting and addressing GBV and VAC within the work site and in its immediate surrounding communities. The application of the GBV and VAC Codes of Conduct will help prevent and/or mitigate the risks of GBV and VAC on the project. 4. Mutual respect and fair treatment between those working on the project and local communities is critical to a safe, respectful, and productive workplace and operating environment. GBV and VAC can be one of the most serious violations of respect and fair treatment which can harm the local community, and significantly damage trust and cooperation between parties. 5. These Codes of Conduct are to be adopted by those working on the project and are meant to: (i) create common awareness about GBV and VAC; (ii) ensure a shared understanding; and, (iii) create a clear system for identifying, responding to, and sanctioning GBV and VAC incidents. 6. Ensuring that all project staff understand the values of the project, understand expectations for all employees, and acknowledge the consequences for violations of these values, will help to create a smoother, more respectful and productive project implementation thereby helping ensure that the project’s objectives will be achieved. Scope 7. [use what is in draft bidding documents] Definitions 8. The following definitions apply: • Gender-Based Violence (GBV): is an umbrella term for any harmful act that is perpetrated against a person’s will and that is based on socially ascribed (i.e. gender) differences between males and females. It includes acts that inflict physical, sexual or mental harm or suffering, threats of such acts, coercion, and other deprivations of liberty. These acts can occur in public or in private. • Violence against Children (VAC): is defined as physical, sexual or psychological harm of minor children (i.e. under the age of 18) including using for profit, labor, sexual gratification, or some other personal or financial advantage. • Accountability Measures: are the measures put in place to ensure the confidentiality of survivors and to hold contractors, consultants and the client responsible for instituting a fair system of addressing cases of GBV and VAC. • Child: is used interchangeably with the term ‘minor’ and refers to a person under the age of 18.2 This is in accordance with Article 1 of the United Nations Convention on the Rights of the Child. • Child Protection (CP): is an activity or initiative designed to protect children from any form of harm, particularly arising from VAC. 2 The Kingdom of Cambodia is party to this convention. http://www.pseataskforce.org/uploads/tools/1478613357.pdf ESMP Attachment 1-10, July 2020, updated in March 2022 105 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province • Consent: is the informed choice underlying an individual’s free and voluntary intention, acceptance or agreement to do something. No consent can be found when such acceptance or agreement is obtained through the use of threats, force or other forms of coercion, abduction, fraud, deception, or misrepresentation. In accordance with the United Nations Convention on the Rights of the Child, the World Bank considers that consent cannot be given by children under the age of 183, even in the event that national legislation of the country into which the Code of Conduct is introduced has a lower age. Mistaken belief regarding the age of the child and consent from the child is not a defense. • Consultant: is as any firm, company, organization or other institution that has been awarded a contract to provide consulting services in the context of the RAMP-II, to the project, and has hired managers and/or employees to conduct this work. • Contractor: is any firm, company, organization or other institution that has been awarded a contract to conduct infrastructure development works in the context of the RAMP-II project and has hired managers and/or employees to conduct this work. This also includes sub-contractors hired to undertake activities on behalf of the contractor. • Employee: is as any individual offering labor to the contractor or consultant within country on or off the work site, under a formal or informal employment contract or arrangement, typically but not necessarily in exchange for a salary (e.g. including unpaid interns and volunteers), with no responsibility to manage or supervise other employees. • Employer: Ministry of Public Works and Transport • GBV and VAC Allegation Procedure: is the prescribed procedure to be followed when reporting incidents of GBV or VAC. • GBV and VAC Codes of Conduct: The Codes of Conduct adopted for the project covering the commitment of the company, and the responsibilities of managers and individuals with regards to GBV and VAC. • GBV and VAC Compliance Team (GCCT): a team established by the project to address GBV and VAC issues. • Grievance Redress Mechanism (GRM): is the process established by the RAMP-II project to receive and address complaints. • Grooming: are behaviors that make it easier for a perpetrator to procure a child for sexual activity. For example, an offender might build a relationship of trust with the child, and then seek to sexualize that relationship (for example by encouraging romantic feelings or exposing the child to sexual concepts through pornography). • Manager: is any individual offering labor to the contractor or consultant, on or off the work site, under a formal employment contract and in exchange for a salary, with responsibility to control or direct the activities of a contractor’s or consultant’s team, unit, division or similar, and to supervise and manage a pre-defined number of employees. 3 See UN Resolution 62/214. United Nations Comprehensive Strategy on Assistance and Support to Victims of Sexual Exploitation and Abuse by United Nations Staff and Related Personnel; UN Secretariat (2003) ST/SGB/2003/13 Special measures for protection from sexual exploitation and sexual abuse; IOM (2016) Policy and Procedures for Preventing and Responding to Sexual Exploitation and Abuse. ESMP Attachment 1-10, July 2020, updated in March 2022 106 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province • Online Grooming: is the act of sending an electronic message with indecent content to a recipient who the sender believes to be a minor, with the intention of procuring the recipient to engage in or submit to sexual activity with another person, including but not necessarily the sender4. • Perpetrator: is the person(s) who commit(s) or threaten(s) to commit an act or acts of GBV or VAC. • Response Protocol: is the mechanisms set in place to respond to cases of GBV and VAC. • Survivor/Survivors: is the person(s) adversely affected by GBV or VAC. Women, men and children can be survivors of GBV; children can be survivors of VAC. • Work Site: is the area in which infrastructure development works are being conducted, as part of the project. • Work Site Surroundings: is the ‘Project Area of Influence’ which are any area, urban or rural, directly affected by the project, including all human settlements found on it. A7.2 Sample Codes of Conduct 9. This section presents three sample Codes of Conduct as the minimum standard for use under civil works contracts for the Project (RAMP-II). These codes will be confirmed and agreed upon prior commencement of works and cleared by the Supervision Consultant. • Company Code of Conduct: Commits the company to addressing GBV and VAC issues; • Manager’s Code of Conduct: Commits managers to implementing the Company Code of Conduct, as well as those signed by individuals; and, • Individual Code of Conduct: Code of Conduct for everyone working on the project, including managers. (a) Company Code of Conduct: Preventing Gender Based Violence and Violence Against Children 10. In the context of the Project, the company is committed to creating and maintaining an environment in which gender based violence (GBV) and violence against children (VAC) have no place, and where they will not be tolerated by any employee, associate, or representative of the company. Therefore, in order to ensure that all those engaged in the project are aware of this commitment, and in order to prevent, be aware of, and respond to any allegations of GBV and VAC, the company commits to the following core principles and minimum standards of behavior that will apply to all company employees, associates, and representatives including sub-contractors, without exception: 1. The company—and therefore all employees, associates, and representatives—commit to treating women, children (persons under the age of 18), and men with respect regardless of race, color, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. Acts of GBV and VAC are in violation of this commitment. 2. Demeaning, threatening, harassing, abusive, culturally inappropriate, or sexually provocative language and behavior are prohibited among all company employees, associates, and its representatives. 3. Acts of GBV or VAC constitute gross misconduct and are therefore grounds for administrative sanctions, which may include penalties and/or termination of employment. All forms of GBV and VAC, including grooming are unacceptable, regardless of whether ESMP Attachment 1-10, July 2020, updated in March 2022 107 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province they take place on the work site, the work site surroundings, at worker’s camps or at worker’s homes. 4. In addition to company sanctions, legal prosecution of those who commit acts of GBV or VAC will be pursued if appropriate. 5. Sexual contact or activity with children under 18—including through digital media—is prohibited. Mistaken belief regarding the age of a child is not a defense. Consent from the child is also not a defense or excuse. 6. Sexual favors—for instance, making promises or favorable treatment dependent on sexual acts—or other forms of humiliating, degrading or exploitative behavior are prohibited. 7. Unless there is full consent5 by all parties involved in the sexual act, sexual interactions between the company’s employees (at any level) and members of the communities surrounding the work place are prohibited. This includes relationships involving the withholding/promise of actual provision of benefit (monetary or non-monetary) to community members in exchange for sex—such sexual activity is considered “non- consensual� within the scope of this Code. 8. All employees, including volunteers and sub-contractors are highly encouraged to report suspected or actual acts of GBV and/or VAC by a fellow worker, whether in the same company or not. Reports must be made in accordance with GBV and VAC Allegation Procedures. 9. Managers are required to report suspected or actual acts of GBV and/or VAC as they have a responsibility to uphold company commitments and hold their direct reports responsible. 10. Comply with all relevant local legislation, including labor laws in relation to child labor. 11. To ensure that the above principles are implemented effectively the company commits to ensuring that: 12. All managers sign the ‘Manager’s Code of Conduct’ detailing their responsibilities for implementing the company’s commitments and enforcing the responsibilities in the ‘Individual Code of Conduct’. 13. All employees sign the project’s ‘Individual Code of Conduct’ confirming their agreement not to engage in activities resulting in GBV or VAC. 14. Displaying the Company and Individual Codes of Conduct prominently and in clear view at workers’ camps, offices, and in public areas of the work space. Examples of areas include waiting, rest and lobby areas of sites, canteen areas, health clinics. 15. Ensure that posted and distributed copies of the Company and Individual Codes of Conduct are translated into the appropriate language of use in the work site areas as well as for any international staff in their native language. 16. An appropriate person is nominated as the company’s ‘Focal Point’ for addressing GBV and VAC issues, including representing the company on the GBV and VAC Compliance Team (GCCT) which is comprised of representatives from the client, contractor(s), the supervision consultant, and local service provider(s). 5 Consent is defined as the informed choice underlying an individual’s free and voluntary intention, acceptance or agreement to do something. No consent can be found when such acceptance or agreement is obtained through the use of threats, force or other forms of coercion, abduction, fraud, deception, or misrepresentation. In accordance with the United Nations Convention on the Rights of the Child, the World Bank considers that consent cannot be given by children under the age of 18, even in the event that national legislation of the country into which the Code of Conduct is introduced has a lower age. Mistaken belief regarding the age of the child and consent from the child is not a defense. ESMP Attachment 1-10, July 2020, updated in March 2022 108 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province 17. Ensuring that an effective Action Plan is developed in consultation with the supervision consultant and which includes as a minimum: a. GBV and VAC Allegation Procedure to report GBV and VAC issues through the project Grievance Redress Mechanism (GRM); b. Accountability Measures to protect confidentiality of all involved; and, c. Response Protocol applicable to GBV and VAC survivors and perpetrators. 18. That the company effectively implements the Action Plan, providing feedback to the GCCT for improvements and updates as appropriate. 19. All employees attend an induction training course prior to commencing work on site to ensure they are familiar with the company’s commitments and the project’s GBV and VAC Codes of Conduct. 20. All employees attend two mandatory training courses per year for the duration of the contract starting from the first induction training prior to commencement of work to reinforce the understanding of the project’s GBV and VAC Code of Conduct. Company name: _________________________ Signature of Company’s Representative: _________________________ Printed Name: _________________________ Title: _________________________ Date: _________________________ (b) Manager’s Code of Conduct: Preventing Gender Based Violence and Violence against Children 12. Managers at all levels have particular responsibilities to uphold the company’s commitment to preventing and addressing GBV and VAC. This means that managers have an acute responsibility to create and maintain an environment that prevents GBV and VAC. Managers need to support and promote the implementation of the Company Code of Conduct. To that end, managers must adhere this Manager’s Code of Conduct and also sign the Individual Code of Conduct. This commits them to supporting and developing systems that facilitate the implementation of the Action Plan and maintain a GBV-free and VAC-free environment at the workplace and in the local community. These responsibilities include but are not limited to: Implementation 1. To ensure maximum effectiveness of the Company and Individual Codes of Conduct: a. Prominently displaying the Company and Individual Codes of Conduct in clear view at workers’ camps, offices, and in public areas of the work space. Examples of areas include waiting, rest and lobby areas of sites, canteen areas, health clinics. b. Ensuring all posted and distributed copies of the Company and Individual Codes of Conduct are translated into the appropriate language of use in the work site areas as well as for any international staff in their native language. 2. Verbally and in writing explain the Company and Individual Codes of Conduct to all staff. ESMP Attachment 1-10, July 2020, updated in March 2022 109 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province 3. Ensure that: a. All staff members sign the ‘Individual Code of Conduct’, including acknowledgment that they have read and agree with the Code of Conduct. b. Staff lists and signed copies of the Individual Code of Conduct are provided to the GCCT and the client. c. Participate in training and ensure that staff also participate as outlined below. d. Staff are familiar with the Grievance Redress Mechanism (GRM) and that they can use it to anonymously report concerns of GBV or VAC incidents. e. Staff are encouraged to report suspected or actual GBV or VAC through the GRM by raising awareness about GBV and VAC issues, emphasizing the staff’s responsibility to the Company and the country hosting their employment, and emphasizing the respect for confidentiality. 4. In compliance with applicable laws and to the best of your abilities, prevent perpetrators of sexual exploitation and abuse from being hired, re-hired or deployed. 5. Ensure that when engaging in partnership, sub-contractor or similar agreements, these agreements: a. Incorporate the GBV and VAC Codes of Conduct as an attachment. b. Include the appropriate language requiring such contracting entities and individuals, and their employees and volunteers, to comply with the Individual Codes of Conduct. c. expressly state that the failure of those entities or individuals, as appropriate, to take preventive measures against GBV and VAC, to investigate allegations thereof, or to take corrective actions when GBV or VAC has occurred, shall constitute grounds for sanctions and penalties in accordance with the Individual Codes of Conduct. 6. Provide resources to the GCCT to create and disseminate internal sensitization initiatives through the awareness-raising strategy under the Action Plan. 7. Ensure that any GBV or VAC issue warranting police action is reported to the client and the World Bank immediately. Training 8. All managers are required to attend an induction manager training course prior to commencing work on site to ensure that they are familiar with their roles and responsibilities in upholding the GBV and VAC Codes of Conduct. This training will be separate from the induction training course required of all employees and will provide managers with the necessary understanding and technical support needed to begin to develop the Action Plan for addressing GBV and VAC issues. 9. Ensure that time is provided during work hours and that staff attend the mandatory project facilitated induction training on GBV and VAC required of all employees prior to commencing work on site. 10. Ensure that staff attend the mandatory refresher training course required of all employees. Ensure satisfaction surveys to evaluate training are conducted by the service provider. Response 13. Managers will be provide input to the GBV and VAC Allegation Procedures and Response Protocol developed by the GCCT, as needed as part of the final cleared Action Plan. 14. Once adopted by the Company, managers will uphold the Accountability Measures set forth in the Action Plan to maintain the confidentiality of all employees who report or ESMP Attachment 1-10, July 2020, updated in March 2022 110 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province (allegedly) perpetrate incidences of GBV and VAC (unless a breach of confidentiality is required to protect persons or property from serious harm or where required by law). 15. If a manager develops concerns or suspicions regarding any form of GBV or VAC by an employee, or by an employee working for another contractor on the same work site, s/he is required to report the case. 16. Once a sanction has been determined, the relevant manager(s) is/are expected to be personally responsible for ensuring that the measure is effectively enforced, within a maximum timeframe of 14 days from the date on which the decision to sanction was made. 17. Managers failing to report or comply with such provision can in turn be subject to disciplinary measures, to be determined and enacted by the company’s CEO, Managing Director or equivalent highest-ranking manager. Those measures may include: a. Informal warning. b. Formal warning. c. Loss of up to one week's salary. d. Suspension of employment (without payment of salary), for a minimum period of 1 month up to a maximum of 6 months. e. Termination of employment. 18. Ultimately, failure to effectively respond to GBV and VAC cases on the work site by the company’s managers or CEO may provide grounds for legal actions by authorities. I do hereby acknowledge that I have read the foregoing Manager’s Code of Conduct, do agree to comply with the standards contained therein and understand my roles and responsibilities to prevent and respond to GBV and VAC. I understand that any action inconsistent with this Manager’s Code of Conduct or failure to take action mandated by this Manager’s Code of Conduct may result in disciplinary action. Signature: _________________________ Printed Name: _________________________ Title: _________________________ Date: ______ (c) Individual Code of Conduct: Preventing Gender Based Violence and Violence against Children I, ______________________________, acknowledge that preventing gender based violence (GBV) and violence against children (VAC) is important. The company considers that GBV or VAC activities constitute acts of gross misconduct and are therefore grounds for sanctions, penalties or potential termination of employment. All forms of GBV or VAC are unacceptable be it on the work site, the work site surroundings, or at worker’s camps. Prosecution of those who commit GBV or VAC may be pursued if appropriate. I agree that while working on the project I will: • Treat women, children (persons under the age of 18), and men with respect regardless of race, color, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. ESMP Attachment 1-10, July 2020, updated in March 2022 111 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province • Not use language or behavior towards women, children or men that is inappropriate, harassing, abusive, sexually provocative, demeaning or culturally inappropriate. • Not participate in sexual contact or activity with children—including grooming, or contact through digital media. Mistaken belief regarding the age of a child is not a defense. Consent from the child is also not a defense or excuse. • Not engage in sexual favors—for instance, making promises or favorable treatment dependent on sexual acts—or other forms of humiliating, degrading or exploitative behavior. • Unless there is the full consent6 by all parties involved, I will not have sexual interactions with members of the surrounding communities. This includes relationships involving the withholding or promise of actual provision of benefit (monetary or non-monetary) to community members in exchange for sex—such sexual activity is considered “non- consensual� within the scope of this Code. • Attend and actively partake in training courses related to HIV/AIDS, GBV and VAC as requested by my employer. • Consider reporting through the grievance redress mechanism or to my manager any suspected or actual GBV or VAC by a fellow worker, whether employed by my company or not, or any breaches of this Code of Conduct. With regard to children under the age of 18: • Wherever possible, ensure that another adult is present when working in the proximity of children. • Not invite unaccompanied children unrelated to my family into my home, unless they are at immediate risk of injury or in physical danger. • Not sleep close to unsupervised children unless absolutely necessary, in which case I must obtain my supervisor's permission, and ensure that another adult is present if possible. • Use any computers, mobile phones, or video and digital cameras appropriately, and never to exploit or harass children or to access child pornography through any medium (see also “Use of children's images for work related purposes� below). • Refrain from physical punishment or discipline of children. • Refrain from hiring children for domestic or other labor which is inappropriate given their age or developmental stage, which interferes with their time available for education and recreational activities, or which places them at significant risk of injury. Use of children's images for work related purposes 13. When photographing or filming a child for work related purposes, I must: • Before photographing or filming a child, assess and endeavor to comply with local traditions or restrictions for reproducing personal images. 6 Consent is defined as the informed choice underlying an individual’s free and voluntary intention, acceptance or agreement to do something. No consent can be found when such acceptance or agreement is obtained through the use of threats, force or other forms of coercion, abduction, fraud, deception, or misrepresentation. In accordance with the United Nations Convention on the Rights of the Child, the World Bank considers that consent cannot be given by children under the age of 18, even in the event that national legislation of the country into which the Code of Conduct is introduced has a lower age. Mistaken belief regarding the age of the child and consent from the child is not a defense. ESMP Attachment 1-10, July 2020, updated in March 2022 112 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province • Before photographing or filming a child, obtain informed consent from the child and a parent or guardian of the child. As part of this I must explain how the photograph or film will be used. • Ensure photographs, films, videos and DVDs present children in a dignified and respectful manner and not in a vulnerable or submissive manner. • Ensure images are honest representations of the context and the facts. • Ensure file labels do not reveal identifying information about a child when sending images electronically. Sanctions 14. I understand that if I breach this Individual Code of Conduct, my employer will take disciplinary action which could include: • Informal warning. • Formal warning. • Loss of up to one week’s salary. • Suspension of employment (without payment of salary), for a minimum period of 1 month up to a maximum of 6 months. • Termination of employment. • Report to the police if warranted. I understand that it is my responsibility to avoid actions or behaviors that could be regarded as GBV or VAC or breach this Individual Code of Conduct. I do hereby acknowledge that I have read the foregoing Individual Code of Conduct, do agree to comply with the standards contained therein and understand my roles and responsibilities to prevent and respond to GBV and VAC. I understand that any action inconsistent with this Individual Code of Conduct or failure to take action mandated by this Individual Code of Conduct may result in disciplinary action and may affect my ongoing employment. Signature: _________________________ Printed Name: _________________________ Title: _________________________ Date: _________________________ A7.3 Action Plan (a) The GBV and VAC Compliance Team 15. The project shall establish a ‘GBV and VAC Compliance Team’ (GCCT). The GCCT will include, as appropriate to the project, at least four representatives (‘Focal Points’) as follows: a. A safeguards specialist from the client; ESMP Attachment 1-10, July 2020, updated in March 2022 113 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province b. The occupational health and safety manager from the contractor7, or someone else tasked with the responsibility for addressing GBV and VAC with the time and seniority to devote to the position; c. The supervision consultant; and, d. A representative from a local service provider with experience in GBV and VAC (the ‘Service Provider’). 16. It will be the duty of the GCCT with support from the management to inform workers about the activities and responsibilities of the GCCT. To effectively serve on the GCCT, members must undergo training by the local service provider prior to the commencement of their assignment to ensure that they are sensitized on GBV and Child Protection. 17. The GCCT will be required to: a. Approve any changes to the GBV and VAC Codes of Conduct contained in this document, with clearances from the Supervision Consultant for any such changes. b. Prepare the Action Plan reflecting the Codes of Conduct which includes: i. GBV and VAC Allegation Procedures (See 4.3) ii. Accountability Measures (See 4.4) iii. An Awareness raising Strategy (See 4.5) iv. A Response Protocol (See 4.6) c. Obtain approval of the Action Plan by company management; d. Obtain client clearances for the Action Plan prior to full mobilization; e. Receive and monitor resolutions and sanctions with regard to complaints received related to GBV and VAC associated with the project; and, f. Ensure that GBV and VAC statistics in the GRM are up to date and included in the regular project reports. 18. The GCCT shall hold quarterly update meetings to discuss ways to strengthen resources and GBV and VAC support for employees and community members. 19. The Action Plan and Code of Conduct shall be submitted to DOW/PMU for review and approval with the support from CSC/ISWS and advice from EDPD/PTI within 90 days from the contract signature date. Works will not commence unless the Engineer is satisfied with measures in place, including plan and codes. Failure to comply with such obligation should provide ground for contract suspension cancellation – this shall be determined at the sole discretion of the contracting entity, whilst intention to cancel the contract shall be notified to the World Bank team within 60 days from the proposed cancellation date. (b) Making Complaints: GBV and VAC Allegation Procedures 20. All staff, volunteers, consultants and sub-contractors are encouraged to report suspected or actual GBV or VAC cases. Managers are required to report suspected or actual GBV and/or VAC cases as they have responsibilities to uphold company commitments and they hold their direct reports accountable for complying with the Individual Code of Conduct. 21. The project will provide information to employees and the community on how to report cases of GBV and VAC Code of Conduct breaches through the Grievance Redress Mechanism (GRM). The 7 Where there are multiple contractors working on the project each shall nominate a representative as appropriate. ESMP Attachment 1-10, July 2020, updated in March 2022 114 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province GCCT will follow up on cases of GBV, VAC and Code of Conduct breaches reported through the GRM. (c) Addressing Complaints about GBV or VAC 22. The figure below shows the process for addressing complaints. A7.4 Grievance Redress Mechanism (GRM) 23. The project operates a grievance redress mechanism (GRM). Reports of GBV or VAC, other complaints, or other concerns may be submitted online, via telephone or mail, or in person. 24. The GRM operator will refer complaints related to GBV or VAC to the GCCT to resolve them. In accordance with the Action Plan, the GCCT through the Service Provider and Focal Point(s) will investigate the complaint and ultimately provide the GRM operator with a resolution to the complaint, or the police if necessary. The GRM operator will, upon resolution, advise the complainant of the outcome, unless it was made anonymously. Complaints made to managers or the Service Provider will be referred by them to the GRM for processing. 25. If the complaint to the GRM is made by a survivor or on behalf of a survivor, the complainant will be directly referred to the service provider to receive support services while the GCCT investigates the complaint in parallel. A7.5 Service Provider 26. The Service Provider is a local organization (possibly an NGO) which has the technical experience and ability to provide training to staff and to support survivors of GBV or VAC. The contractor(s) will contract the services of a Service Provider, so that GBV and VAC cases can safely be referred to them. The Service Provider will also provide support and guidance to the GBV and VAC Focal Points as necessary. The Service Provider will have a representative on the GCCT and be involved in resolving complaints related to GBV or VAC. The service provider will develop and conduct the mandatory training to employees on GBV and VAC. A7.6 GBV and VAC Focal Point ESMP Attachment 1-10, July 2020, updated in March 2022 115 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province 27. The GCCT will refer the complaint to the appropriate Focal Points for resolution (i.e. issues with contractor’s staff will be for the contractor to resolve; consultant’s staff the consultant; and client staff the client) and will advise the GCCT on potential resolutions, including referral to the police if necessary. They will be assisted by the Service Provider as appropriate. 28. All the Focal Points on the GCCT must be trained and empowered to resolve GBV and VAC issues. It is essential that all staff of the GRM and GCCT understand the guiding principles and ethical requirement of dealing with survivors of GBV and VAC. All reports should be kept confidential and referred immediately to the Service Provider represented on the GCCT 8 . In GBV and VAC cases warranting police action, the Focal Points must appropriately refer the complaint to: (i) the authorities; (ii) the Service Provider; and, (iii) management for further action. The Employer and the World Bank are to be immediately notified. (a) Accountability Measures 29. All reports of GBV or VAC shall be handled in a confidential manner in order to protect the rights of all involved. To ensure that survivors feel confident to disclose their experience of GBV or VAC, the client, contractor and consultant must maintain the confidentiality of employees who notify any acts or threats of violence, and of any employees accused of engaging in any acts or threats of violence (unless a breach of confidentiality is required to protect persons or property from serious harm or where required by law). The contractor and consultant must prohibit discrimination or adverse action against an employee on the basis of survivor’s disclosure, experience or perceived experience of GBV or VAC (see Annex 1 for examples of actions to maintain accountability). (b) Monitoring and Evaluation 30. The GCCT must monitor the follow up of cases that have been reported and maintain all reported cases in a confidential and secure location. Monitoring must collect the number of cases that have been reported and the share of them that are being managed by police, NGOs etc. 31. These statistics shall be reported to the GRM and the Supervision Engineer for inclusion in their reporting. 32. In GBV and VAC cases warranting police action, the client and the World Bank are to be immediately notified. (c) Awareness-raising Strategy 33. It is important to create an Awareness-raising Strategy with activities aimed to sensitize employees on GBV and VAC on the work site and its related risks, provisions of the GBV and VAC Codes of Conduct, GBV and VAC Allegation Procedures, Accountability Measures and Response Protocol. The strategy will be accompanied by a timeline, indicating the various sensitization activities through which the strategy will be implemented and also the related (expected) delivery dates. Awareness-raising activities may be linked with trainings provided by Service Provider. (d) Response Protocol 34. The GCCT will be responsible for developing a written response9 protocol to meet the project requirements, in accordance to national laws and protocols. The response protocol must include mechanisms to notify and respond to perpetrators in the workplace (See 4.8 for Perpetrator Policy and 8 Survivors of GBV and VAC may need access to police, justice, health, psychosocial, safe shelter and livelihood services to begin on a path of healing from their experience of violence. 9 Develop appropriate protocol for written recording of GBV issues and VAC raised in case the notes are subpoenaed. Develop processes for record keeping including activities undertaken by the GCCT. ESMP Attachment 1-10, July 2020, updated in March 2022 116 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Response). The response protocol will include the GRM process to ensure competent and confidential response to disclosures of GBV and VAC. An employee who discloses a case of GBV or VAC in the workplace shall be referred to the GRM for further action. (e) Survivor Support Measures 35. Appropriately respond to the survivor’s complaint by respecting the survivor’s choices to minimize the potential for re-traumatization and further violence against the survivor. Refer the survivor to the Service Provider to obtain appropriate support services in the community—including medical and psychosocial support, emergency accommodation, security including police protection and livelihood support—by facilitating contact and coordination with these services. The contractor may, where feasible, provide financial and other supports to survivors of GBV or VAC for these services (see Annex 1 for examples of financial support). 36. If the survivor is an employee, in order to ensure the safety of the survivor and the workplace in general, the contractor, in consultation with the survivor, will assess the risk of ongoing abuse, to the survivor and to the workplace, and make reasonable adjustments to the work schedule and work environment as deemed necessary (see Annex 1 for examples of safety measures). The contractor will provide adequate leave to survivors seeking services after experiencing violence (see Annex 1 for details). (f) Perpetrator Policy and Response 37. Encourage and accept notification through the GRM from employees and community members about perpetrators in the workplace. Through the GCCT and/or the Service Provider, oversee the investigation of these grievances, ensuring procedural fairness for the accused, and within the local laws. If an employee has breached the Code of Conduct, the contractor will take action which could include: a. Undertake disciplinary action up in accordance with sanctions in the GBV and VAC Codes of Conduct; b. Report the perpetrator to the Police as per local legal paradigms; and/or c. If feasible, provide or facilitate counselling for the perpetrator. (g) Administrative Sanctions 38. In accordance with the Code of Conduct, any employee identified as a potential GBV or VAC perpetrator shall be considered for disciplinary measures in line with sanctions and practices as agreed in the Individual Code of Conduct (see Annex 1 for examples of sanctions). It is important to note that, for each case, disciplinary sanctions are intended to be part of a process that is entirely internal to the employer, is placed under the full control and responsibility of its managers, and is conducted in accordance with the applicable national labor legislation. 39. Such process is expected to be fully independent from any official investigation that competent authorities (e.g. Police) may decide to conduct in relationship to the same case, and in accordance with the applicable national law. Similarly, internal disciplinary measures that the employer’s managers may decide to enact are meant to be separate from any charges or sanctions that the official investigation may result into (e.g. monetary fines, detention etc.). A7.7 Attachment 1 - Potential Procedures for Addressing GBV and VAC Accountability Measures to maintain confidentiality can be achieved through the following actions: 1. Inform all employees that confidentiality of GBV/VAC survivors’ personal information is of utmost importance. 2. Provide the GCCT with training on empathetic and non-judgmental listening. ESMP Attachment 1-10, July 2020, updated in March 2022 117 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province 3. Take disciplinary action, including and up to dismissal, against those who breach survivor’s confidentiality (this is unless a breach of confidentiality is necessary to protect the survivor or another person from serious harm, or where required by law). GBV and VAC Allegation Procedures should specify: 1. Who survivors can seek information and assistance from. 2. The process for community members and employees to lodge a complaint through the GRM should there be alleged GBV or VAC. 3. The mechanism for how community members and employees can escalate a request for support or notification of violence if the process for reporting is ineffective due to unavailability or non-responsiveness, or if the employee’s concern in not resolved. Financial and Other Supports to survivors can include: 1. No/low interest loans. 2. Salary advances. 3. Direct payment of medical costs. 4. Upfront payments for medical costs to be recouped from the employee’s health insurance. 5. Providing or facilitating access to childcare. 6. Providing security upgrades to the employee’s home. 7. Providing safe transportation to access support services or to and from accommodation. Survivor Support measures to ensure the safety of the survivor can include: 1. Changing the employee’s span of hours or pattern of hours and/or shift patterns. 2. Redesigning or changing the employee’s duties. 3. Changing the employee’s telephone number or email address to avoid harassing contact. 4. Relocating the employee to another work site/ alternative premises. 5. Providing safe transportation to and from work for a specified period. 6. Supporting the employee to apply for an Interim Protection Order or referring them to appropriate support. 7. Taking any other appropriate measures including those available under existing provisions for family friendly and flexible work arrangements. Leave options for survivors that are employees can include: 1. An employee experiencing GBV should be able to request paid special leave to attend medical or psychosocial appointments, legal proceedings, relocation to safe accommodation and other activities related to GBV. 2. An employee who supports a person experiencing GBV or VAC may take carer’s leave, including but not limited to accompanying them to court or hospital, or to take care of children. 3. Employees who are employed in a casual capacity may request unpaid special leave or unpaid carer ’s leave to undertake the activities described above. 4. The amount of leave provided will be determine by the individual’s situation through consultations with the employee, the management and the GCCT where appropriate. Potential Sanctions to employees who are perpetrators of GBV and VAC include: • Informal warning • Formal warning ESMP Attachment 1-10, July 2020, updated in March 2022 118 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province • Additional Training • Loss of up to one week’s salary. • Suspension of employment (without payment of salary), for a minimum period of 1 month up to a maximum of 6 months. • Termination of employment. • Referral to the Police or other authorities as warranted. ESMP Attachment 1-10, July 2020, updated in March 2022 119 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province ATTACHMENT 8: SAMPLE FORM ON GRM MONITORING AND ACCIDENT REPORT (A) Sample Form of Grievance Redress Mechanism Monitoring to be used by Village Grievance Committee Village:……………………………………………………; District:…………………………………………………; Provinces:…………………………………………………. No Village Brief Description/nature of grievance Grievance Ethnic Date of Grievance Status of action taken Action Remarks/ applied by and Group grievance received by taken by Explanation contact detail received or code (not Solved or Date of mandatory) what action action taken completed or taken ESMP Attachment 1-10, July 2020, updated in March 2022 120 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province (b) ACCIDENT Reporting Procedure and Form Serous Case: Accident Minor Case Occurred: Do not move the injured person (IP) Accident Reporter/ Worker who are not injured: 1. Immediately calls Provincial Rescue/ Nearest Hospital: • Rescue Number: xxx • Nearest Hospital: xxx Accident Reporter/ Worker who are not injured: 2. Take photos or record video of the accident for reporting 3. Calls contractor site engineer (CSE): active number 4. Send the IP to nearest hospital by Rescue/hospital car Contractor site engineer (CSE): 5. Immediately heads to the accident site or hospital where the IP transferred to 6. Inspect and take photos for reporting 7. Calls OPWT site supervision (DSS)-name and active number OPWT DOPWT site supervision (DSS): 8. Immediately heads to the accident site or hospital where the IP transferred to 9. Inspect, take photos and fill the accident report form 10. Report to ESU and PTI and send photos of accident in the WhatsApp group on the day of accident occurred. EDPD/PTI: 11. Inform and report to WB within 24 hours 12. Follow up the situation of IP Filing Accident Report 13. Keep a copy of Accident Report at contractor office, DPWT, PTI, WB 14. Include the accident report in the monthly and quarterly safeguard monitoring report ESMP Attachment 1-10, July 2020, updated in March 2022 121 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province ACCIDENT REPORT Date of the Accident: Time: Location: Type of Accident: Detailed Description of the Accident: Responses / Corrective Actions Taken: Possible Causes(s) of the Accident: Suggested Preventive Measures: Submitted by: Position: Signature: Date: Reviewed by : ____________________ Date : __________ ESMP Attachment 1-10, July 2020, updated in March 2022 122 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province ATTACHMENT 9: CONTINGENCY PLANNING IN RESPONSE TO COVID-19 1. In a situation when there is a spread of COVID-19, contractor has to apply or comply with the government guidelines launched in line with WHO. Additional suggestions which are adapted from WBG Response to COVID-19 Advisory note on Contingency Planning for Existing Operations dated March 16, 2020 are provided in this Annex. It is worth noting that the WBG Response to COVID-19 Advisory note may be updated from time to time. Where there is a conflict with government or WHO guideline, the government or WHO guideline prevail. (a) Preparing for COVID-19 • Contractor’s senior manager or project manager should inform PMU/DOW and DPWT and/or EDPD/PTI details of the preparations being made on site. PMU/DOW, DPWT and/or EDPD/PTI will, as necessary assist the projects with these preparations. The senior manager should be taking the advice of their healthcare team and their health and safety specialists in preparing the site, although the PMU/DOW, DPWT, and/or EDPD/PTI may also need to assist, for example with coordinating responses and/or connecting project sites with national/local healthcare official and/or specialists. • Contractor should put in place measures to minimize the chances and contain the spread of the virus as a result of the movement of workers, ensure their sites are prepared for an outbreak, and develop and practice contingency plans so that personnel know what to do if an outbreak occurs and how treatment will be provided. These preparation measures should be communicated not only to the workforce but also the local community, to reassure them that the movement of staff is controlled, and to ensure that stigma or discrimination is reduced in the event of an outbreak. (b) Movement of Staff • Movement of staff can increase the risk of transmission of Covid-19 to a work site and the local community. Overseas, international and transient workers should adhere to government requirements and guidelines with respect to Covid-19 when travelling to or from worksites. • Workers coming from or passing through countries/regions with cases of the virus 10 (a) Should not return if displaying symptoms and (b) Should self-isolate for 14 days following their return. Self-Isolation arrangements: For self-isolation, the following actions should be considered (as appropriate): • Workers should be provided with a single room that is well-ventilated (i.e., with open windows and an open door). If a single room is not available for each worker, adequate space should be provided to maintain a distance of at least 2meters and a curtain to separate workers sharing a room. Men and women should not share a room. A dedicated bathroom should be provided for the isolation facilities and there should be separate bathroom facilities for men and women. • Workers in isolation should limit their movements in areas which are also used by unaffected workers shared areas), and should avoid using these areas when unaffected workers are present. Where workers in isolation need to use shared spaces (such as kitchens/canteens), arrangements should be made for cleaning prior to and after their use of the facilities. The number of staff involved in caring for those in isolation, including providing food and water, should be kept to a minimum and appropriate Personal Protection Equipment (PPE) should be used by those staff. • At a minimum, isolation areas should be cleaned daily and healthcare professionals should visit workers in the isolation areas daily. Cleaners and healthcare professionals should wear 10 WHO also updates information on countries reporting Covid-19 infection. ESMP Attachment 1-10, July 2020, updated in March 2022 123 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province appropriate PPE and ensure good hygiene when visiting workers in isolation. Further information is provided by WHO in Home care for patients with suspected novel corona virus (COVID-19) • Visitors should not be allowed until the worker has shown no signs and symptoms for 14 days. (c) Preparing for an Outbreak 2. Medical staff at the facilities or medical service personal for the facilities should be trained and be kept up to date on Country and WHO advice (https://www.who.int/emergencies/diseases/novel- coronavirus-2019/technical-guidance) and recommendations on Covid-19. They should take stock of the equipment and medicines that are present on site and ensure that there are good supplies of any necessary treatments, including paracetamol/acetaminophen and other medicine in line with country and WHO guideline. 3. The following measures should be considered (as appropriate): • Ensure medical facilities or camp site are stocked with adequate supplies of medical Personal Protective Equipment (PPE), as a minimum: (a) Gowns, aprons; (b) Medical masks and some respirators (N95 or FFP2); (c) Gloves; and (d) Eye protection (goggles or face screens). • Cleaners also need to be provided with PPE and disinfectant. Minimum PPE to be used when cleaning areas that have been or suspected to have been contaminated with Covid-19 are: (a) Gowns, aprons; (b) Medical masks; (c) Gloves; (d) Eye protection (goggles or face screens); and (e) Boots or closed work shoes. Cleaners should be trained in how to safely put on and use PPE by medical staff, in necessary hygiene (including hand washing) prior to, during and post cleaning duties, and in waste control (including for used PPE and cleaning materials). • The medical staff should run awareness campaigns, training and arrange for appropriate posters, signs and advisory notices to be posted on site to advise workers on how to minimize the spread of the disease, including: (a) to self-isolate if they feel ill or think they may have had contact with the virus, and to alert medical staff; (b) to regularly wash hands thoroughly with soap and water – many times per day; (c) how to avoid disease spread when coughing/sneezing (cough sneeze in crook of elbow or in a tissue that is immediately thrown away), and not to spit; and (d) to keep at least 2meters or more away from colleagues. • Hand washing stations should be set up at key places throughout site, including at entrances/exits to work areas, wherever there is a toilet, canteen/food and drinking water, or sleeping accommodation, at waste stations, at stores and at communal facilities. Each should have a supply of clean water, liquid soap and paper towels (for hand drying), with a closed waste bin (for used paper towels) that is regularly emptied and disposed off following government guideline. • Where wash stations cannot be provided (for example at remote locations), alcohol-based hand rub should be provided. Enhanced cleaning arrangements should be put in place, to include regular and deep cleaning using disinfectant of catering facilities/canteens /food/drink facilities, latrines/toilets/showers, communal areas, including door handles, floors and all surfaces that are touched regularly. Worker accommodation will be in good state for keeping clean and hygienic, and for cleaning to minimize spread of infection. • Working methods should be reviewed and changed as necessary to reduce use of PPE, in case supplies of PPE become scarce or hard to obtain. For example, water sprinkling systems at crushers and stock piles should be in good working order, trucks covered, water suppression on site increased and speed limits on haul roads lowered to reduce the need for respiratory (N95) dust masks. (d) Contingency Planning for an Outbreak 4. The contingency plan to be developed by contractor should set out what procedures will be put in place in the event of Covid-19 reaching the site and it should be developed in consultation with ESMP Attachment 1-10, July 2020, updated in March 2022 124 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province national and local healthcare facilities and PMU/DOW, DPWT and/or EDPD/PTI, to ensure that arrangements are in place for the effective containment, care and treatment of workers who have contracted Covid-19. 5. The contingency plan should also consider the response if a significant number of the workforce become ill, when it is likely that access to and from a site will be restricted to avoid spread. The following measures should be considered, as appropriate: • Contingencies should be developed and communicated to the workforce for: (a) Isolation and testing procedures for workers (and those they have been in contact with) that display symptoms; (b) Care and treatment of workers, including where and how this will be provided; and (c) Getting adequate supplies of water, food, medical supplies and cleaning equipment in the event of an outbreak on site, especially should access to the site become restricted or movements of supplies limited. The contingency plan shall be align with the government guideline. • Specifically, the plan should set out what will be done if someone is suspected to become ill with Covid-19 at a worksite. The plan should: (a) Set out arrangements for putting the person in a room or area where they are isolated from others in the workplace, limiting the number of people who have contact with the person and contacting the local health authorities; (b) Consider how to identify persons who may be at risk (e.g. due to a pre-existing condition such as diabetes, heart and lung disease, or as a result of older age), and support them, without inviting stigma and discrimination into your workplace; and (c) Consider contingency and business continuity arrangements if there is an outbreak in neighboring communities. • Arrangements for the storage and disposal arrangements for medical waste, which may increase in volume and which can remain infectious for several days (depending upon the material). The support that site medical staff may need, as well as arrangements for transporting (without risk of cross infection) sick workers to intensive care facilities or into the care of national healthcare facilities should be discussed and agreed. • How to maintain worker and community safety on site should works be suspended or illness affect significant numbers of the workforce at any point. It is important that worksite safety measures are reviewed by a safety specialist and implemented prior to work areas being suspended. (e) Communicating the plans 6. In order to reduce the risk of social stigma11 or discrimination, and to ensure that individuals roles and responsibilities are clear, the preparation measures and contingency plans should be communicated widely. Workers, sub-contractors, suppliers, adjacent communities, and local healthcare authorities should all be made aware of the preparations that have been made. 7. When communicating to the workforce, their roles and responsibilities should be outlined clearly, and the importance for their colleagues, the local communities and their families that the workers follow the plans should be stressed. Workers may need to be reassured that they there will be no retaliation or discrimination if they self-isolate as a result of feeling ill, and also with respect to the compensation or insurance arrangements that are in place. Further guidance on preventing social stigma as a result of Covid-19 is available in WHO guidelines. 11 Social stigma in the context of health is the negative association between a person or group of people who share certain characteristics and a specific disease. ESMP Attachment 1-10, July 2020, updated in March 2022 125 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province ATTACHMENT 10: NOTES FROM CONSULTATION MEETINGS WITH PROVINCIAL OFFICIALS AND LIST OF PARTICIPANTS 1. During the Project preparation in 2019-2020, a project resettlement committee (PRC) has been established and two consultation meetings were conducted on 19 November 2019 and 20 January 2020 to determine the criteria and unit cost for compensation to be applied for the Project. During 11-22 May 2020, consultation meetings with local communities in the Project area were conducted (see Figure A10-1 for locations of local communities) to present the key project impacts and proposed mitigation measures identified in the draft ESMP, RAP, and EGEP. The Project description and its potential (positive and negative) impacts and the proposed mitigation measures were presented and discussed. Results from the in-depth focus group discussion with the affected communities and list of participants in the meetings are presented in this Attachment. 2. The results of consultation have been incorporated and addressed in the final ESMP, RAP and EGEP and they will be followed up and monitored during the project implementation and operation. Tables A10-1 to A10-3 provide more information during consultation. Figure A10-0-1 Location of Village located in Project Area (see also location of works in Attachment 1) ESMP Attachment 1-10, July 2020, updated in March 2022 126 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Table A10-1 Results from the In-depth Focus Group Discussion (Male and Female Ethnic) Questions Women Group Men Group - It will help mitigate potential floods, boost 1. Positive Impact from - The Project will have economic growth, beautiful urban the project potential impacts across environment with more attractive sites, urban Muang Xay City. However, it - Key Q1. Ask villagers landscape is cleaner and nice, local people will create economic benefits if they see any have suitable area for selling their goods along in the future such as income benefits from the the riverbank that will then increase incomes; generation and better project related to - The city people will be satisfied and happy to household economic have nice parks for a walk; o their current and conditions as the people can future livelihood; increase sales of their goods - The project will protect riverbank from soil and services. The local erosion, reduce potential floods, ease water o their village/ flow, and living in peaceful environment people can set up shops to community without concern over flooding; provide services to visitors; - There will be better road - Better social connectivity; networks equipped with - Enhance social and community awareness on drainage and flap gates which flood protection. will then reduce potential annual floods, as well as reduce riverbank erosion; - The city landscape will be more attractive with public parks and recreational areas for outdoor activities such as exercises. - Potential impacts on land and - Concern over taking advantage of the 2. Negative Impact from assets. Some households will contractor to take over all the land after being the project be completed impacts while handed over to the project. 2.1 Physical Impact some will be partially - Some impacts on land, loss of agricultural - Key Q1. What would impacted. land, and difficulties associated with the impact of the - Some households do not have relocation/resettlement. project on their lands alternative land and house. - Potential disturbance from construction and house? (Partially - Some houses, farmland, trees. activities such as noise, dust, wastes and other or entirely) - Some households do not have health issues. alternative residential, - The loss of land would affect household agriculture and/or house if income. impacted. - Concern over difficulties in association with - The project will have impacts relocation/resettlement, if applied. on riparian cultivation land of - Avoid or if not possible, minimize impacts on local communities as many land and/or houses of local people as much as people still grow crops along possible. the riverbanks. - The new relocation area would not be satisfied - Some restaurants, houses and by the affected people or it may be located far farmland will be impacted. from the city. - Some impacts on agricultural land. - Financial costs and time for relocation and/or new settlement. - Potential social issues such as robbery. - Some families would lose their houses while some people have only one house/property. - Land for land compensation is preferred for residential land. The measurement of land must be correct with clear marks and the calculation of compensation rates should be appropriate to avoid mental health issues over the project. - Livelihood restoration activities should be - Key Q2. What are - We should help each other to ESMP Attachment 1-10, July 2020, updated in March 2022 127 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Questions Women Group Men Group their maintain cleanliness and the provided to affect households particularly recommendations to beauty of the city’s those having only one plot of deal with the impact environment. farmland/grazing land and is impacted by the sustainably? - The village people will have project. collective responsibility. - The relevant project management committees o What should be done? How should - We will maintain what must allocate new land for land compensation project provided together. for affected people/households. be done? - Land for land compensation - The project should carry out land and asset o When should be is more preferred as we may surveys and use the results as the basis for done? Who should not be able to afford new land calculation of compensation in an appropriate be the responsible (expensive). The project and and fair approach. person/authority? the government should - The project should have proper approach for allocate land for resettled management of construction impacts. households. The relocation - Conduct awareness to affected people to area should not be far away comprehend the need for the project, from the city while it allows construction works, compensation before the farming activities. construction begins. - Appropriate compensation - Provide explanation to local people to should be provided, not less understand about the project requirements in than the actual value of house general so that they receive correct and land based on open information in accordance with relevant laws market. and regulations. - Land and asset assessment - Avoid an approach that allows construction and valuation must be agreed begins first and the then addresses between the two parties and compensation issues. compensation provided prior - Consultations are required with local people to the commencement of and agreement is made with the land owner on construction works. its value and compensation methods (e.g. land - The project and the for land or cast). government must be - Identify key relevant regulations and policy on responsible for compensation. compensation and livelihood restoration so - Affected household would that people are better-off after the project. have to find new agricultural - Compensation must be completed before land. begins project construction. - The project, district and provincial authorities are responsible for project implementation, and if people are engaged in some extent, it would be more beneficial. - The village and district authorities and the project team will have to work together. - If cemetery is going to be impacted, it needs to - Key Q3. Any impacts - If there are impacts on school have appropriate spiritual ceremonies. on the public/cultural/ infrastructure, the project traditional facilities? - The project management committees should should provide some kinds of Any oversee carefully during construction to avoid support to school to recommendations to exaction beyond project designated areas from compensate the impact. the riverbanks. deal with the impact - If there is impact on sustainably? - Provincial Museum is located on the other side cemetery, compensation of the river, and it is recommended that the should be provided for relevant technical team to design the project spiritual and traditional appropriate to existing condition. ceremonies. - There is a cemetery on the opposite of - The project should be riverbank (Ban Boualai), it is therefore the implemented in a way that project should consult with local authorities to create minimal impacts as organize spiritual ceremonies before possible as per construction construction works begin. regulations, and if possible, some project areas could be - If riverbank protection work will be moved toward Ban Pasak. undertaken close to the cemetery, appropriate spiritual and traditional ceremonies should be - The village authorities should ESMP Attachment 1-10, July 2020, updated in March 2022 128 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Questions Women Group Men Group be involved in monitoring conducted. activities on land use - Before the commencement of overall project protection. works, ritual ceremonies is necessary. - The local residents, village - There will be impacts to Ban Houaykhoun if authorities must give construction activities reach there. instruction to their children to carry out and maintain cleanliness. - Compensation and resettlement works must be undertaken with consensus among the stakeholders. - Avoid the state agencies to take advantage on compensation and resettlement activities. - Some restaurants, shops, salons, and other 2.2 Socio-economic - Potential impacts on an groceries will be temporarily or permanently existing sawmill and some - Key Q1. How would close. Their incomes will be certainly local restaurants on the the impact on their impacted. The project should provide riverbank. businesses/income compensation and livelihood restoration sources: - Some businesses such as measures prior to commencement of the restaurants and shops would project works. o Close the shop be temporarily impacted, - The remaining land not acquired by the project permanently or income declined. construction should be remained for its owners partially during the - Some shops and restaurants to continue using it. construction? have to be closed especially - It will create some problems for households o Stop the rent? those located along the with incomes generated from services. riverbank. o Terminate - Some households will be impacted by the the - Some shops and restaurants business such as availability and productivity of agriculture as along the riverbanks will guesthouses/hotels/r they will not find suitable or adequate land. have to close permanently as estaurants? - Impacts on farmland will also reduce income they are completed impacted from the sale of agricultural produces. while some are impacted Alternative farmland would be at a long partially. distance. - Some village people will not be able to cultivate vegetables on riverbank areas and potential impacts on their incomes. - Concern over the availability - Key Q2. Any worries - There will be no issue if compensation is of land, house after project about the safety provided as per agreement. After completion construction as well as during and after the of project works, the local authorities will be unexpected floods. construction: witnessed to handover land to people for - Community safety during future use and management with o During: unfinished construction period such as environmental measures. construction could increased traffic from project lead to accidence? - The contractors should be local companies, trucks. not award the project to foreign firms. Unfinished - Concerns over potential - After completion of the project, the Provincial construction could floods in the coming year – lead to the Urban Development and Administration want to see the project inconvenient (PUDA) will be responsible for operation and completion soon. access? maintenance. - Some families do not have - Concerns during construction that need to be o After: finish the labors to build their houses, secured and avoid potential conflicts between construction of the no land as they cannot afford the contractors and its workers. project, how would it. - Transport of construction materials may the project - During the construction, there disturb local residents due to high noise and infrastructures lead would be elevated air dust levels. to more flood or emissions, noise and potential ESMP Attachment 1-10, July 2020, updated in March 2022 129 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Questions Women Group Men Group any other issues, traffic accidents. - There is a need to ensure security and safety at especially related to - The river chainage within construction sites with provision of fences women , older community area would be along the riverbanks. people, children? deeper which is not safe for - The project should have specific construction children who like to play in and transport procedures such as provision of water. cover on trucks when transporting soils. - The divorced women would - Regular road watering is required at active not have labors to help construction sites. building their houses. - Potential risks of traffic accident due to - The government should have construction vehicles passed through specific regulations to community areas and construction sites. manage the project during - After completion of the project, flood risks construction. still remain in downstream areas due to narrow - Concern that the project waterway which may cause backwater during would not clean up heavy rains. construction sites properly - Transport of construction materials may result after completion. in road accidents. - Fear of traffic accident during - During operation, potential risk to children construction, there would be safety as they like to gather in attractive sites increased traffic, dust and near the river. Parents are urged to give other issues. instruction to their children. - Dump trucks carrying soil, - The project should have safety procedures and sand and construction measures such as traffic signs. materials would damage the - During operation, hydrological monitoring roads. activities are necessary at each flap gate. - Some people would not be Consultation with people living nearby the able to cultivate their crops, sites is important to obtain necessary household income dropped. information on historical flood levels for riverbank protection design and construction. - Thieves would steal construction materials, and thus the project contractor will have to provide security guards. - Concerns on construction wastes that may not be managed properly. - The project, village and district must have appropriate measures to manage potential impacts. - The local people, village and - Maintain on-going consultation with local - Key Q3. What are district authorities will be people with the presence of village authorities their responsible for maintaining from the beginning until completion of the recommendations to cleanliness and keep project. deal with the impact sustainably? everything in order including - Compensation provided before the project proper waste management. activities. o What should be - Suggest that the relevant - The project, local people, village and district done? How should government agencies to authorities together manage the project. be done? undertake road clean up, - The contractor develops appropriate measures regular water spray and to manage project emissions. o When should be provide warning signs at - The project and relevant stakeholders need to done? Who should construction sites. have social and environmental measures and be the responsible person/authority - Provide barricades to prevent adheres strictly. children enter into river. - Provide warning signs, road safety measures - The dump trucks must be for transport of construction materials. covered to prevent soil and/or - Relevant project stakeholders carry out gravel drop on the road. information disclosure to local people prior to - Provide traffic signs at commencement of the project works. project access roads. - The need to improve waste management in an - If the roads are deteriorated appropriate approach. by the project vehicles, the - The project shall collect detailed information ESMP Attachment 1-10, July 2020, updated in March 2022 130 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Questions Women Group Men Group project shall repair it back to and put into project designs to ensure flood normal conditions. management is more effective. - The project vehicles must be - Special attention must be observed during operated with safe and reduce construction to ensure community health and speed within specific traffic safety. regulations. - The project will be fully responsible for the - The project should provide project safety across the construction. compensation during construction as people may not be able to carry out cultivation. - The project is likely to have impacts on mental 2.3 Health - mental issue Mental and health issues that health and safety of people living in the - Key Q1. Would the may be caused by the following designated project areas with significant change (re-location, project impacts: impacts due to loss of agricultural land, loss of moving houses, income and household economic downturn. losing land/property, - The affected people will have - In the case of households with 100% impact, etc.) affect the significant mental impacts if the project would consider providing people? If so, who cash compensation does not remaining land so that they can continue would be likely to be allow them to purchase new household businesses. affected the most? land for house construction. - Some households will be likely to resettle with - Most affected people the project if it is implemented in accordance - Key Q2. What could proposed land for land be the with regulations and in appropriate manner. compensation with - Loss of agricultural land, loss of income, solutions/suggestions construction of houses to this issue? houses will be relocated and difficulties to appropriately. adopt to new environment. - Impacts on people living - The need to consult with local people on along the riverbanks. compensation strategy including land for land, - The need to educate local cash or resettled house compensation. people to understand the need - Land allocation for house construction and for the project and provide agricultural production are unlikely to occur in compensation appropriately. the same village area, and therefore, land - Affected people are those compensation must be appropriate and likely to lose their land, complete before project commences and houses and crops. ensure accessibility. - Some households would have to choose self-relocation where unknown as they have only one land plot and a single house. - Compensation must be based on actual land value and provided before construction begins. - Increased dust, noise and - Likely to have impacts during construction 2.4 Environmental impact waste pollutions and such as chemical spills, drilling and cement - Key Q1. What would wastewater generated by the discharge into waterways. be the key concerns project activities. - Noise, dust due to construction trucks and about the - Transport of soil, sand and other environmental issues that would affect environment: such as gravel may cause dirty on the community health and safety. air pollution (dust, road. - Potential risk of nuisance noise, dust and chemical smell, …), - Inappropriate disposal of vibration levels. water pollution construction wastes. - Potential hydrocarbon spills during (waste from the - Daily travel would be more construction. construction,..), noise difficult during construction. pollution, flooding - Potential increased traffic experience/issue accident on access roads. during the rainy - Social issues associated with season, etc. project construction workers ESMP Attachment 1-10, July 2020, updated in March 2022 131 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Questions Women Group Men Group emanated from other areas or provinces. - Spray water on project access - The village and district authorities and the - Key Q2. What are roads and active construction project work together to oversee the their areas with close proximity to construction workers. recommendations to deal with the impact community during - Appropriate village and district management construction. committees should be established to oversee sustainably? - Rehabilitate the land back to the project implementation from the beginning o What should be normal condition after until complete. done? How should completion of construction - The Provincial Urban Development and be done? activities. Administration Authority (PUDAA) should be - Road repair if damaged by directly managing the project during o When should be the project. operation. done? Who should - The project should be - The contractor is required to implement the be the responsible responsible in cooperation project activities with minimum impacts. person/authority with district and local people - Regarding waste management, it is suggested on environmental quality that the PUDAA should monitor regularly. promotion and maintaining - Construction measures should be developed cleanliness. including works only conducted during day - Prohibit heavy trucks to pass time and avoids construction at night time as it through this road. will disturb people. - Build drainage systems with - Road water spraying to control dust. minimal impacts to the - Construction supervisors are present at all environment. time at active construction sites to ensure - The project needs to ensure safety. that all dump trucks are - Transport of construction materials including provided with cover sheet to sand and gravel, soil must be covered with protect soil dropping on the speed limits. road. - Provide waste storage or bins. project - Develop dust and noise environmental protection is maintained with management plan during some sort of funding. construction as well as waste - The construction sites must be provided with and wastewater. Wastes must fences and barricades to ensure site security be managed properly and and minimize dust spread outside. dumping wastes and direct - Management of waste and discharge, and discharge are prohibited. housekeeping in order. - Develop regulations for - General wastes must be managed properly and environmental management ensure cleanliness. between the local government - The project should not discharge wastewater and private sector during directly into waterways. operation. - There should be warning signs at access road while the drivers will have to be caution during driving to avoid accident. - There is a need to have a regulation to manage the project construction workers from making social issues such as robbery. - Before project completion, all project wastes must be disposed-off appropriately and site rehabilitation to allow normal uses. - PUDAA works together with village 3. Opinion about the - The construction must meet authorities on planning for construction and drainage capacity and high quality standard management. ESMP Attachment 1-10, July 2020, updated in March 2022 132 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Questions Women Group Men Group maintenance? - General people, village and - For monitoring and maintenance is the district authorities must play responsibility of the PUDAA. - Key Q1. How they could contribute to active roles in maintenance - It is encouraged that all people must help and protection of project maintain cleanliness and follow relevant the maintenance of assets within their jurisdiction regulations. the drainage and park? and responsibilities for the - Provide practical regulations for local people beauty, sustainability of the to manage project assets with appropriate fines project. if anyone abuses. - Wastewater from village and - Those residing near the riverbanks and close district should be managed to construction sites, shall be more responsible properly before discharge. on making clean up. - Develop regulations together - Organize community collective actions on between people and village project maintenance after completion. authorities on waste - The construction of riverbank protection must management. Provide meet quality standard. drainage for wastewater. - Suggest the project to expand drainage system - Drainage system must be near the ethnic school to the Bridge #4 with regularly maintained and do development in chainages. not dump waste into the - All village people should help to protect and system. maintain the project assets to improve - Local environment must be cleanliness and that will promote income protected. generation activities. - Construct drainage system - The project in cooperation with relevant before meeting the rivers. government agencies to develop wastewater - According to relevant treatment system. instruction on environmental promotion, any household discharge wastewater must have their own drainage system. - After completion of the project, the land temporarily used must be returned to its owner in normal condition. Do not take it. - Suggest the project to involve young people in Any Other suggestions - Correct measurements should maintenance of the project works. be carried out to minimize - Suggest the contractors to recruit local people potential impacts. in construction workforce before sourcing - If project is likely to impact labors from other places. houses of local people, - Very happy to have the project and hope it will suggest that only riparian start soon. areas allocated to the project to avoid impacts on - Want to have roads on both sides of the river structures. with good condition. - Suggest that the - Suggest the project to work continuously compensation land should not during construction and avoid temporary cease be far from the city. If cash is of construction works as it would cause provided, it should be reflect overall delay. actual circumstances that Aps - Suggest the project management committees can afford for new land with to serve their role in a fair judgment on similar values and suitable compensation and construction monitoring for housing. activities. - Land in front of individual - Suggest the government to provide houses beyond the project compensation as soon as possible so that acquisition, that persons can affected people can look for new land and that continue using it (not allocate enables them to create household livelihood to to others regardless of public sustain their future. or private entities). - Actual compensation shall not less than agreed ESMP Attachment 1-10, July 2020, updated in March 2022 133 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Questions Women Group Men Group - Allocate agricultural land and values. For example, the government agrees to provide livelihood restoration provide 10 million Kip but people would activities for affected actually receive only 5 million Kip. people/households. - Want to see the project construction soon. - The remaining land after - Want to see local people involvement in the project acquisition, the project as much as possible. owners will continue using it. - Compensation should be provided to affected - Detailed inventor of loss people before the commencement of the should be conducted prior to project works. compensation provided. - The project should be equipped with water - Suggest the project to treatment system. allocate, provide alternative - After project completion, relevant authorities livelihood activities to people shall develop and implement regulations to who rely on crop cultivation help local authorities and people to on the riverbanks to other collectively manage the project assets. secure jobs. - If shops or vendors are allocated within the - Improve, upgrade village project development areas, priority should be access road. given to most affected household to support - Build a bridge between the their income through selling of their products. hospital and the vocational - Avoid implementing the project like the college. Railroad Project regarding late compensation. - Thanks to the project to The project needs to allocated compensation provide a significant support before the commencement of the construction and we will be happy when activities. the project completes. - The submerge bridge that serves as weir is - Suggest the project to currently more difficult for people to travel commence construction soon through this road. as it almost enters rainy - Improve, upgrade the road between the season. hospital through rice paddies and then to vocation college. - Suggest the project to allocate new land for affected households appropriately. - Coordination between villages, district and provincial authorities must be on the dame direction with consensus on the project implementation. - Grievance redress avoid conflicts over impacts or complaints and ensure people have better life and livelihood activities after project completion. - Want to see the project implements soon. ESMP Attachment 1-10, July 2020, updated in March 2022 134 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Table A10-2 Village Consultation Meeting 11-22 May 2020 Date/month/year No Village Comments Requests Results 13/05/2020 01 Ban Thin • The village people want the Project to • The Project shall provide appropriate • The PAPs consented to the provide clear demarcations of areas and fair compensation. Project implementation provided required for construction. • How will the PAPs/PAHs be relocated? that fair compensation is provided. 13/05/2020 02 Ban • The Project shall consider provision of • If the project has impacts on private • The PAPs understand the needs Nawarnnoy compensation to seasonal cultivation areas land, land for land compensation for the project and want to see its that people used for a long time though no should be the priority. implementation in near term. land use documents. • Consultation activities are required in • Detailed surveys and inventory of loss planning for resettlement and should be conducted. compensation. • Compensation must be appropriate based on individual circumstances. 14/05/2020 03 Ban Vanghai • The village people consented to the • The project shall consider providing • Some PAPs prefer cash Project and would like to see its compensation with equal value for compensation which enable them implementation in near term. replacement land or suitable for new to purchase new land or suitable • The project should identify and delineate house construction. for house construction. areas required for construction works and provide clear marks across the project areas. • Appropriate cash compensation would be preferred for those having suitable and available land in other areas. • Will the people, who current own small land areas and impacted by the project, be eligible for compensation? If so, how would it be compensated? 14/05/2020 04 Ban Pasak • The village people want the project • The project should minimize its social • The village people have good completion soon as some of their and environmental impacts as much as understanding and have full residential areas have been significantly possible. support on the project damaged by landslide. • The project should conduct detailed implementation. • Some people wanted to build riverbank surveys and inventory of loss with protection around their houses and/or land clear marks on areas required for the on riverbank areas, but they were afraid project activities. that compensation would not be provided • Compensation must be provided to or may not compliance with relevant affected people/households. ESMP Attachment 1-10, July 2020, updated in March 2022 135 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Date/month/year No Village Comments Requests Results regulations. • Compensation should be provided in a fair and non-discriminate manner regardless of poor or wealthy households. 15/05/2020 05 Ban Montai • Will the people who have land use • The project needs to consider • The village people have well document with 01 Category be entitled for providing appropriate compensation to understanding on the need of the compensation? PAPs/PAHs. project. • Some village people are preferred to • If relocation is required, people would remain in the existing plot of land where prefer to move to the nearest locations possible as they do not want to relocate to within the village area where possible. other places. • Will cultivated land without land use documents or the 01 Category be compensated? • Want to know the compensation value for affected houses. 15/05/2020 06 Ban • The people consented to the project • If the project has impacts on residential • People have agreed on project Longkordeua construction, but detailed surveys or land or houses, new relocation areas implementation, but detailed impact assessment should be conducted should be provided as most people own surveys or impact assessment particularly on affected households and only one plot of land. should be conducted with their new relocation sites including • Minimize the potential impacts as provision of new allocated land compensation measures. much as possible. as most people are currently own • What types of asset are eligible for only one plot of land. compensation? Are animal huts, cassava and other assets compensated? 18/05/2020 07 Ban Jeng • Appropriate compensation should be • Affected people shall be informed in • Compensation should be provided for impacted assets. advance of their property being provided prior to commencement • Compensation must be provided prior to affected. of construction work with fair commencement of construction works. compensation rates. • Compensation rates should be applied equally and appropriately (as some people may not be happy). ESMP Attachment 1-10, July 2020, updated in March 2022 136 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Date/month/year No Village Comments Requests Results 18/05/2020 08 Ban Homsouk • The village people have good • If resettlement or relocation is • The project should demarcate understanding and consent to the project required, the land plots, houses and areas required for construction without any conflict. However, the project access need to be provided as well as and provide this information to should provide appropriate compensation, cultivation and grazing areas similar to all village people. allocate land for those require relocation the current village conditions. that do not have alternative land. 19/05/2020 09 Nongmeangda • Once the project completed, the local • The people would like to know • Some people previously had authorities should take active role on whether the current waterway will be misunderstanding on the project maintenance in cooperation with local realigned and how would it be that they would have to pay to people. implemented? make the project happens. • Some people have questions whether they will be encouraged to contribute resources for the project. 19/05/2020 10 Ban Laksi • Most village people are farmers and • The project shall conduct inventory of • Some people are still concerned cultivate crops in household level. Some of loss and identify affected people and that they would not receive them produce for sale in local market and households as well as their extent of compensation. their livelihood therefore they are concerned over the impacts. would be impacted due to the availability of cultivation land that would • Request the project to provide a bridge acquisition of their farmlands and be acquired by the project. crossing Namkor at the village as houses. people are experiencing difficulties in travelling around. • When the project completed, the project and/or local authorities and communities need to maintain the streetlights in good order. 20/05/2020 11 Ban Donkeo • Will indirect impacted land (e.g. land used • If the village cemetery is going to be • If the village cemetery is going to for stockyard, access road, etc) be impacted by the project traffic vehicles be impacted by the project traffic compensated? or construction activities, the village vehicles or construction • The project needs to have a clear will not agree. activities, the village will not demarcation on the areas needed for the • If any village household owns only one agree. project; plot of land and is impacted by the • If the people do not have • If the project has impacts on cemetery, project, how would they be alternative land, how would the appropriate compensation should be compensated? If cash is provided, it project provide compensation for provided for ritual ceremonies. would not be sufficient to purchase them? new land. • When the project demarcates in a ESMP Attachment 1-10, July 2020, updated in March 2022 137 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Date/month/year No Village Comments Requests Results certain area and then flooded or landslide beyond that demarcated area, will the project uses the designated levels. This should be clearly explained to the communities. 20/05/2020 12 Ban Viengsa • Most people have good understanding on • Where is new relocation area for • If minor impacts are identified on the need of the project though some are affected households? one riverside, the project should still questionable. extend to another side to avoid • The project should provide compensation potential impacts. based on actual and market values of affected land and assets. • If minor impacts are identified on one riverside, the project should extend to another side to avoid potential impacts. 21/05/2020 13 Ban • Some people understand on the need of the • The affected people/households should • Most people have concerns about Houaykhoum project while some expressed concerns receive appropriate land allocation resettlement/relocation site(s) and over relocation / resettlement and would including costs and expenses would like the project to provide suggest the project to provide fair associated with relocation works. this information as soon as compensation. • Where is new relocation area for possible. • The project should have clear demarcation affected households? of riverbank areas to be acquired so that • Request the project to provide some the people are aware and provide necessary materials for the village cooperation on relocation/resettlement. office. 21/05/2020 14 Ban Nasao • The majority of village people have good • If impacts are unavoidable, the affected • If relocation/resettlement is understanding on the project and will people/households should receive required, the new site should provide cooperation on its implementation compensation appropriately including include suitable agricultural, though some people still have cultivation and grazing land with good grazing, and residential lands. misunderstanding. access. • If possible, the project would • The project should provide both residential consider realignment of some and cultivation land for those affected project areas to avoid potential people/households. impacts to structures where possible. ESMP Attachment 1-10, July 2020, updated in March 2022 138 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Date/month/year No Village Comments Requests Results 22/05/2020 15 Ban Namy • The village people have good • Appropriate compensation should be • The project should provide understanding on the project and are provided for those having limited land appropriate compensation. Some willing to provide cooperation on the including provision of access, water affected people/households who project implementation. supply, electricity to new have alternative land may prefer • The project should provide both cash and relocation/resettlement sites. cash compensation while some land for land based on individual impacts people would prefer land for land and their preferences on receiving compensation. compensation. 22/05/2020 16 Ban Nalao • The village people have good • If teak plantation impacted, will it be • If the people’s land are impacted, understanding and will provide compensated? And how? the project shall provide new land cooperation provided that the project • Where is the new allocation. provides appropriate compensation. relocation/resettlement site for affected • If the cemetery is going to be • If the cemetery is going to be affected, the households and how they would be affected, the project should project should provide compensation for compensated for? provide compensation for spiritual and religious ceremonies of Ban spiritual and religious ceremonies Nalao and Ban Namy. of Ban Nalao and Ban Namy. • The cemetery area of Ban Nalao is managed by the district authorities, and if it is going to be affected the project shall consult with the province/district. ESMP Attachment 1-10, July 2020, updated in March 2022 139 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province List of Meeting participants List of participant for the meeting on 22 November 2019 ESMP Attachment 1-10, July 2020, updated in March 2022 140 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province List of Participants for the meeting on 21 Jan 2020 ESMP Attachment 1-10, July 2020, updated in March 2022 141 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province ESMP Attachment 1-10, July 2020, updated in March 2022 142 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province List of Participant for the meeting on 11 March 2020 ESMP Attachment 1-10, July 2020, updated in March 2022 143 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province Minuted of Meeting and List of Participant for the meeting on 31 March 2021 ESMP Attachment 1-10, July 2020, updated in March 2022 144 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province ESMP Attachment 1-10, July 2020, updated in March 2022 145 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province ESMP Attachment 1-10, July 2020, updated in March 2022 146 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province ESMP Attachment 1-10, July 2020, updated in March 2022 147 Lao PDR South East Asia Disaster Risk Management Project Component 1: Integrated Urban Flood Risk Management in Muang Xay, Oudomxay (ODX) Province ESMP Attachment 1-10, July 2020, updated in March 2022 148