Department for Welfare of Differently Abled Persons RIGHTS: Inclusion, Accessibility and Opportunities for Persons with Disabilities in Tamil Nadu [P176404] ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) WORKING DRA FT 08 April, 2022 1|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 1. The Government of Tamil Nadu through Department for Welfare of Differently Abled Personswill implement the RIGHTS: Inclusion, Accessibility and Opportunities for Persons with Disabilities in Tamil Nadu Project [P176404], with the involvement of the Directorate for the Welfare of Differently Abled Persons (DWDAP), Government of Tamil Nadu as set out in the Loan Agreement.TheInternational Bank for Reconstruction and Development(the World Bank) has agreed to provide the original financing(P176404)for the Project, as set out in the referred agreement. 2. The Department for Welfare of Differently Abled Persons, GoTNshall ensure that theProject is carried out in accordance with the Environmental and Social Standards (ESSs) and this Environmental and Social Commitment Plan (ESCP), in a manner acceptable to the World Bank. The ESCP is a part of the Loan Agreement. Unless otherwise defined in this ESCP, capitalized terms used in this ESCP have the meanings ascribed to them in the referred agreement. 3. Without limitation to the foregoing,this ESCP sets out material measures and actions that the Department for Welfare of Differently Abled Persons, GoTNshall carry out or cause to be carried out, including, as applicable, the timeframes of the actions and measures, institutional, staffing, training, monitoring and reporting arrangements, and grievance management.The ESCP also sets out the environmental and social (E&S) instruments that shall be adopted and implemented under the Project, all of which shall be subject to prior consultation and disclosure, consistent with the ESS, andin form and substance, and in a manner acceptable to the World Bank. Once adopted, saidE&S instrumentsmay be revised from time to time with prior written agreement by the World Bank. WORKING DRA FT 4. As agreed by the World Bank and the Department for Welfare of Differently Abled Persons, this ESCP will be revised from time to time if necessary,during Project implementation, to reflect adaptive management of Project changes and unforeseen circumstances or in response to Project performance.In such circumstances, the Department for Welfare of Differently Abled Personsthroughthe Directoratefor the Welfare of Differently Abled Persons (DWDAP)and the World Bankagreeto update the ESCP to reflect thesechanges through an exchange of letters signed between the World Bankand the Department for Welfare of Differently Abled TN RIGHTS Project Director, Department for Welfare of Differently Abled Persons, Government of Tamil Nadu. The Department for Welfare of Differently Abled Personsshall promptly disclose the updated ESCP. 2|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) –RIGHTS: Inclusion, Accessibility and Opportunities for Persons with Disabilities in Tamil Nadu Project [P176404] MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY MONITORING AND REPORTING REGULAR REPORTING Prepare and submit to the World Bank regular monitoring reports on the Submit quarterly and annual reports to the World Directorate for the Welfare environmental, social, health and safety (ESHS) performance of the Project, Bankthroughout Project implementation, of Differently Abled A including but not limited to the implementation of the ESCP, status of commencing after the Effective Date. Submit each Persons- PMU preparation/updating and implementation of E&S instruments required under report to the World Bankno later than 30 days the ESCP, stakeholder engagement activities, and functioning of the grievance after the end of each reporting period. mechanism(s). Directorate for the Welfare An independent Environmental Audit (including health and safety aspects) at At the end of third year for mid-term audit and last B of Differently Abled Persons mid-term and end term year of project implementation for end term audit - PMU INCIDENTS AND ACCIDENTS • Directorate for the Promptly notify the World Bankof any incident or accident related to the Notify the WorldBankno later than48 hours after Welfare of Differently Project which has, or is likely to have, a significant adverse effect on the learning of the incident or accident. Abled Persons- PMU environment, the affected communities, the public or workers, including, inter • Design and Supervision alia, cases of sexual exploitation and abuse (SEA), sexual harassment (SH), and Provide subsequent report to the World Consultant C accidents that result in death, serious or multiple injury. Provide sufficient detail Bankwithin 30 days with information on the • Contractors regarding the scope, severity, and possible causes of the incident or accident, WORKING DRA FT outcome of the investigation and/or pending indicating immediate measures taken or that are planned to be taken to action and potential closure date. address it, and any information provided by any contractor and/ordesign and supervising firm, as appropriate. Subsequently, at the World Bank’s request, prepare areport on the incident or accident and propose any measures toaddress it and prevent its recurrence. CONTRACTORS’ MONTHLY REPORTS Require contractors includingdesign and supervisionconsultantto provide Submit the reports to the World Bankas annexes to • Design and Supervision D monthly monitoring reports on ESHS performance in accordance with the the reports to be submitted under action A above. Consultant metrics specified in the respective bidding documents and contracts and • Contractors submitsuch reports to the World Bank. ESS 1: ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS 1.1 ORGANIZATIONAL STRUCTURE 1. Establish and maintain a State level PMU and District level PIUs with qualified 1. Designate the Deputy Project Director,prior to Directorate for the Welfare staff and resources to support management of ESHS risks and impacts of the project negotiations, and thereaftermaintainthese of Differently Abled Persons Project, including designating the Deputy Project Director at the PMU and positions throughout the Project implementation. District Differently Abled Welfare Officer (DDAWO) at the DPIUs as overall responsible for supervising and monitoring ESHS risk management under the 2 (a) Designate the Community Services &Inclusion 3|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) –RIGHTS: Inclusion, Accessibility and Opportunities for Persons with Disabilities in Tamil Nadu Project [P176404] MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY project. Specialist for social management, prior to project 2. To assist the Deputy Project Director atthe PMU, assign:a) Community negotiations, and thereafter maintain these Directorate for the Welfare Services & Inclusion Specialist as focal person for social management; b) Social positions throughout Project implementation. of Differently Abled Persons Care Services & Accessibility Specialist, a focal person for environment, health 2 (b) Designate the Social Care Services & and safetymanagement; and c) Productive Inclusion Specialist responsible for Accessibility Specialist for environment, health and stakeholder engagement and labour management for the project, in safety management, prior to project negotiations, consultation with the focal persons for social and environmental management. and thereafter maintain these positions throughout Project implementation. 2 (c) Designate Productive Inclusion specialist for stakeholder engagement and labour management, prior to project negotiations, and thereafter maintain these positions throughout Project implementation. ENVIRONMENTAL AND SOCIAL INSTRUMENTS 1. Disclose and implement the Environmental and Social Management 1. Disclose the ESMF prior to project appraisal, and Directorate for the Welfare Framework (ESMF) for the Project, consistent with the relevant ESSs. thereafter implement the ESMF throughout Project of Differently Abled execution. Persons- PMU and DPIUs WORKING DRA FT 2. Conduct environmental and social screening of all proposed sites for development of sub-divisional One Stop Service Centres and renovation and 2. Conduct environmental and social screening upgradation of Block/PHC level Early Intervention Centres following the once the proposed sites are identified – prior to 1.2 suggested screening process mentioned in the ESMF. initiation of design/DPR preparation. 3.Adopt and implement the Environmental and Social Management Plan (ESMP) 3. Prepare and adoptthe ESMP before launching for development of sub-divisional One Stop Service Centresincluding renovation the bidding process for the respective Project and upgradation of Block/PHC level Early Intervention Centres, as set out in the activity. Once adopted, implement the respective ESMF. The proposed activities described in the exclusion list set out in the ESMF ESMP throughout Project implementation. shall be ineligible to receive financing under the Project. MANAGEMENT OF CONTRACTORS 1. Incorporate the relevant aspects of the ESCP, including, inter alia, the 1. As part of the preparation of procurement • Design and Supervision relevant E&S instruments, the ESMF, the ESMP, the Labor Management documents and in respective bidding documents/ Consultant Procedures, and code of conduct, into the ESHS specifications of the contracts. • Directorate for the 1.3 procurement documents and contracts with contractors and supervising firm. Welfare of Differently Thereafter ensure that the contractors and supervising firms comply and cause Abled Persons- PMU subcontractors to comply with the ESHS specifications of their respective contracts. 4|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) –RIGHTS: Inclusion, Accessibility and Opportunities for Persons with Disabilities in Tamil Nadu Project [P176404] MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY 2. Adopt a Labour Compliance ICT tool for real-time monitoring and supervision 2. Adopt the Labour Compliance ICT tool prior to of contractors including the implementation of social performance commencement of civil works under the project, requirements. and thereafter maintain the tool throughout Project implementation. • Directorate for the Adopt a real time/concurrent monitoring system for monitoring and supervision Develop and adopt the real time/concurrent Welfare of Differently 1.4 of contractors, including the implementation of Contractor’s – Environmental monitoring system prior to commencement of civil Abled Persons- PMU works under the project, and thereafter maintain and Social Management Plan (C-ESMP) and EHS performance requirements. • Design and Supervision the tool throughout Project implementation. Consultant • Directorate for the Ensure that contractors prepare and implement C-ESMP that adheres to the Welfare of Differently ESMF and contains details such as OHS plan, labour management requirements, Abled Persons- PMU 1.5 materials management, traffic/road safety, construction equipment Before commencement of civil works • Design and Supervision management, waste management etc. (commensurate with locational context, Consultant nature and scale of works) that will be acceptable to DSE, GoTN and World Bank • Contractors PERMITS, CONSENTS AND STATUTORY APPROVALS WORKING DRA FT • Directorate for the • Obtain requisite clearances, licenses/approvals and permits under existing Welfare of Differently legal framework that are applicable to the Project from relevant authorities, Prior to commencement of civil works and renewal Abled Persons- PMU and particularly for civil works to be supported under the Project. as required during project implementation period. DPIUs 1.6 No construction to commence until relevant • Ensure compliance with conditions prescribed in the relevant permits, • Design and Supervision clearances, licenses and approvals / permits are consents, authorizations for the activities supported under the project. Consultant obtained. • Contractors 1.4 CONTINGENT EMERGENCY RESPONSE FINANCING Update and re-disclose the ESMF, as and if needed, upon activation of the Contingent Emergency Response Component (CERC), including Upon activation of CERC component adding a list of eligible activities/expenditures at the time of CERC activation, potential impacts and mitigation measures (as relevant). ESS 2: LABOR AND WORKING CONDITIONS 2.1 LABOR MANAGEMENT PROCEDURES Implement the LMP throughout Project Directorate for the Welfare Implement the Labor Management Procedures (LMP) for the Project, including, implementation. of Differently Abled inter alia, provisions onworking conditions, management of workers Persons- PMU and DPIUs 5|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) –RIGHTS: Inclusion, Accessibility and Opportunities for Persons with Disabilities in Tamil Nadu Project [P176404] MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY relationships, occupational health and safety (including personal protective Design and Supervision equipment, and emergency preparedness and response), code of conduct Consultant (including relating to SEA and SH),forced labor, child labor, grievance Contractors and Sub- arrangements for Project workers, and applicable requirementsfor contractors, Contractors subcontractors, and supervising firms. 2.2 GRIEVANCE MECHANISM FOR PROJECT WORKERS Establishgrievance mechanism prior engaging Directorate for the Welfare Establishand operate a grievance mechanism for Project workers, as described Project workers and thereafter maintain of Differently Abled in the LMP and consistent with ESS2. The grievance mechanism will also take andoperate it throughout Project implementation. Persons- PMU up and address labor-related SEA/SH complaints (and maintain confidentiality). Design and Supervision Consultant Contractors and Sub- Contractors 2.3 OCCUPATIONAL HEALTH AND SAFETY (OHS) • Directorate for the Prepare, adopt, and implement an Occupational, Health and Safety (OHS) plan Welfare of Differently • Preparation before initiating Civil Works for the projectaligned with measures suggested in the ESMF/ESMP and Good Abled Persons – PMU • Implementation during execution of civil works International Industry Practices (GIIP) • Design and Supervision WORKING DRA FT Consultant ESS 3: RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT 3.1 RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT To be included in sub-project design; planning and • Directorate for the Ensure that the preparation and implementation of ESMPs integrates resource execution of constructionworks Welfare of Differently efficiency and pollution prevention/management requirements, consistent with Abled Persons- PMU ESS3, and as detailed in the ESMFforbuilding/infrastructure works, covering • Design and Supervision both new facilities and renovation/upgrading of existing centers. Consultant • Contractors Ensure that Contractor’s abide by the existing national/state requirements for • Directorate for the construction material sourcing, management of hazardous (if any) and other Welfare of Differently construction wastes. Abled Persons- PMU 3.2 During execution of civil works • Design and Supervision Consultant • Contractors ESS 4: COMMUNITY HEALTH AND SAFETY 6|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) –RIGHTS: Inclusion, Accessibility and Opportunities for Persons with Disabilities in Tamil Nadu Project [P176404] MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY 4.1 COMMUNITY HEALTH AND SAFETY Assess and manage specific risks and impacts to the community arising from Same timeframe as for the adoption and Project activities, including, inter alia, behavior of Project workers, risks of labor implementation of the ESMPs. influx, response to emergency situations, and include mitigation measures in the ESMPs to be prepared in accordance with the ESMF. 4.2 SEA AND SH RISKS 1. Implement SEA/SH prevention and response Directorate for the Welfare 1. Implement SEA/SH prevention and response plan enumerated in the ESMF plan throughout the Project implementation of Differently Abled 2. Adopt the SEA/SH prevention and response Persons- PMU 2. Adopt and implement a SEA/SH prevention and response plan as part of planas a part of site-specific ESMP before thesite-specific ESMP, to assess and manage the risks of SEA and SH. launching the bidding process for the respective Project activity, and thereafter implement the SEA/SH prevention and response plan throughout Project implementation. ESS 5: LAND ACQUISITION, RESTRICTIONS ON LAND USE AND INVOLUNTARY RESETTLEMENT 5.1 RESETTLEMENT POLICY FRAMEWORK Disclose theRPF prior to project appraisal, and Directorate for the Welfare Discloseand implement aResettlement Policy Framework (RPF) for the Project, thereafter implement the RPF throughout Project of Differently Abled consistent with ESS5. WORKING DRA FT implementation. Persons- PMU 5.2 RESETTLEMENT PLANS Adopt and implement the respective RAP, Directorate for the Welfare Wherever required, carry out a site-specific social impact assessment (SIA), including ensuring that before taking possession of of Differently Abled adoptand implement the ResettlementActionPlan/Abbreviated Resettlement the land and related assets, full compensation has Persons- PMU and DPIUs Action Plan (RAP/A-RAP) for each activity under the Project for which the RPF been provided and as applicable displaced people requires such RAP/A-RAP,as set out in the RPF, and consistent with the national have been resettled and moving allowances have laws and ESS5. been provided. ESS 6: BIODIVERSITY CONSERVATION AND SUSTAINABLE MANAGEMENT OF LIVING NATURAL RESOURCES 6.1 BIODIVERSITY RISKS AND IMPACTS Undertake Environment Screening, as prescribed in the ESMF,to identify and Directorate for the Welfare exclude sub-projects that are located inlegally protected and internationally Conduct environmental screening once the of Differently Abled recognized areas of high biodiversity value, potential critical habitats, habitat of proposed sites are identified – prior to initiation of Persons- PMU and DPIUs significant importance to endemic or restricted-range species, habitat design/DPR preparation process and apply supporting globally or nationally significant concentrations of migratory species, exclusion criteria/negative list and habitat that includes highly threatened or unique ecosystems. Ensure that in case of any requirement of tree felling for construction works Directorate for the Welfare 6.2 Prior to commencement of civil works under the project, requisite permission is taken from the Forest Department of Differently Abled 7|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) –RIGHTS: Inclusion, Accessibility and Opportunities for Persons with Disabilities in Tamil Nadu Project [P176404] MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY and compensatory plantation is undertaken. Persons- PMU and DPIUs • Directorate for the Welfare of Differently Ensure that no materials for construction activities are sourced from any critical Abled Persons- PMU 6.3 habitats, protected areas, forest areas, eco-sensitive zones, or any recognized Implement throughout execution of civil works • Design and Supervision areas of high biodiversity. Consultant • Contractors ESS 7: INDIGENOUS PEOPLES/SUB-SAHARAN AFRICAN HISTORICALLY UNDERSERVED TRADITIONAL LOCAL COMMUNITIES 7.1 INDIGENOUS PEOPLES PLANNING FRAMEWORK Disclose the IPPF prior to project appraisal, and Directorate for the Welfare Discloseand implement anIndigenous Peoples Planning Framework (IPPF) for thereafter implement the IPPF throughout Project of Differently Abled the Project, consistent withESS7. implementation. Persons- PMU 7.2 INDIGENOUS PEOPLES PLAN Adoptthe IPP prior to the carrying out of any Directorate for the Welfare Wherever required, carry out a site-specific social impact assessment (SIA) and activity that requires the preparation of suchIPP. of Differently Abled adoptand implement anIndigenous Peoples Plan (IPP)for each activity under the Once adopted, implement the respective IPP Persons- PMU and DPIUs Project for which the IPPF requires such IPP,as set out in the IPPF, and throughout Project implementation. WORKING DRA FT consistentwith national laws and ESS7. ESS 8: CULTURAL HERITAGE 8.1 CULTURAL HERITAGE RISKS AND IMPACTS • Directorate for the Welfare of Differently Abled Persons- PMU • Ensure that no project supported construction activities are At sub-project selection stage undertaken within 100m of a protected monument as specified in the • Design and Supervision ESMF. Consultant • Contractors • Ensure obtaining and adoption of all necessary permissions and Prior to commencement of Civil Works mitigation measures in case project supported construction activities are undertaken within 100 to 300m of a protected monument, including undertaking of meaningful consultations with stakeholders (Archaeological Survey of India, Department of Arts and Culture and Department of Tribal Affairs). 8.2 CHANCEFINDS • Directorate for the • Integrate chance finds procedure to deal with valuable artefacts or culturally Prior to invitation of bids for Civil Works Welfare of Differently valuable materials found during execution of works in civil work contracts Abled Persons- PMU 8|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) –RIGHTS: Inclusion, Accessibility and Opportunities for Persons with Disabilities in Tamil Nadu Project [P176404] MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY funded under the Project. • Design and Supervision • Ensure relevant project staff and workers are trained/sensitized in the Prior to commencement of Civil Works Consultant requirements of the procedure prior to ground disturbance. • Contractors ESS 9: FINANCIAL INTERMEDIARIES [This standard is only relevant for Projects involving Financial Intermediaries (FIs).] 9.1 This standard is not relevant to the project. - - ESS 10: STAKEHOLDER ENGAGEMENT AND INFORMATION DISCLOSURE 10.1 STAKEHOLDER ENGAGEMENT PLAN PREPARATION AND IMPLEMENTATION 1. Disclosethe SEP prior to project appraisal, and Directorate for the Welfare 1. Discloseand implement the Stakeholder Engagement Plan (SEP) for the thereafter implement the SEP throughout of Differently Abled Project, consistent with ESS10, which shall include measures to, inter alia, Project implementation. Persons- PMU and DPIUs provide stakeholders with timely, relevant, understandable and accessible information, and consult with them in a culturally appropriate manner, which is free of manipulation, interference, coercion, discrimination and intimidation. 2. The social audit will be carried out in Year 2; 2. Undertake social audit for each activity under the Projectas described in Year 3, Year 4, year 5 and end term which the SEP. requires developing the Terms of Reference 3. Implement the beneficiary satisfaction survey on the performance of WORKING DRA FT for third party audit in year 1 of project social care service centers for citizens’ feedback. effectiveness. 3. The beneficiary satisfaction survey will be carried out in Year 3 and Year 4, Year 5 and end of the project for which Terms of reference will be developed to hire third party for citizen feedback in year 2 of project effectiveness. 10.2 PROJECT GRIEVANCE MECHANISM Directorate for the Welfare Deep-dive analysis to strengthen theexisting grievance mechanism (Toll free of Differently Abled No., Online, Posts or Drop Box/ Counter and In-person)and ensure a single data Detailed analysis of existing GRM system will be Persons- PMU and DPIUs point through the centralized MIS to track the registration, resolution completed within four months of project andsatisfactory feedback for closure of grievance within a given timeframe, in a effectiveness to identify gaps and strengthen the manner consistent with ESS10 for the project. system within six months from the date of project effectiveness, and thereafter maintain and operate The grievance mechanism shall be equipped to receive, register,and facilitate the mechanism throughout Project the resolution of SEA/SH complaints, including through thereferral of survivors implementation. torelevant gender-based violence service providers, all in a safe, confidential, 9|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) –RIGHTS: Inclusion, Accessibility and Opportunities for Persons with Disabilities in Tamil Nadu Project [P176404] MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY and survivor-centered manner. CAPACITY SUPPORT CS1 Training of PIU staff, stakeholders, communities, Project workers on: As relevant to the stage of the project and planned • Directorate for the • Stakeholder mapping and engagement, including social audit process, GRM activities under the project. Given that The Welfare of Differently and IEC Directorate for WDAP does not have any prior Abled Persons- PMU experience of projects financed by multi-lateral • Design and Supervision • Role and responsibility of various stakeholders in the Project on ESMF, RPF, IPPF and preparation of site-specific mitigation plans (ESMP, RAP, IPDP) agencies, it is recommended that the training Consultant should start as soon as the relevant staff is in • Community health and safety, including prevention and response on place. SEA/SH risks • Labour standard compliance as per requirements of LMP and national laws • Monitoring and reporting ESMF, RPF, IPPF, LMP, SEA/SH and preparation of site-specific mitigation plans (ESMP, RAP, IPDP) CS2 Training to PMU staff, DPIUs, Line Agencies/Departments, Project Workers and As relevant to the stage of the project and planned • Directorate for the Contractors on: activities under the project Welfare of Differently • Role of various stakeholders in the Project from an environment Abled Persons- PMU management perspective WORKING DRA FT • Design and Supervision • Environment and Social Management Framework (ESMF) of the Project Consultant • Environment Screening • Site assessment at the sub-project level and integration of EHS aspects into design/DPRs of buildings/infrastructure facilities • National and State Environmental Acts/Legislations (as applicable to the project) • World Bank Group’s Environmental, Social, Health and Safety Guidelines • Environment Management Plans - Purpose, Procedures, Implementation, Monitoring & Supervision Mechanisms • Resource Efficiency and Pollution Management • Occupational Health and Safety, including COVID Response • Emergency preparedness and response • Waste Management (including hazardous wastes, construction debris, e- waste management) • Accessibility audits • Reporting on EHS aspects • O&M guidelines 10 | P a g e ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) –RIGHTS: Inclusion, Accessibility and Opportunities for Persons with Disabilities in Tamil Nadu Project [P176404] WORKING DRA FT 11 | P a g e