REPUBLIC OF SOUTH SUDAN MINISTRY OF WATER RESOURCES AND IRRIGATION ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) (for South Sudan activities) (Draft) December , 2022 Juba. Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component Table of Contents ACRONYMS ................................................................................................................................................... 6 EXECUTIVE SUMMARY .............................................................................................................................. 8 1. INTRODUCTION ..................................................................................................................................... 23 1.1 PURPOSE AND OBJECTIVES OF THE ESMF .................................................................................................... 24 1.2 JUSTIFICATION FOR THE ESMF .................................................................................................................... 26 1.3 POTENTIAL USERS OF THE ESMF ................................................................................................................. 27 1.4 METHODOLOGY ........................................................................................................................................... 27 2. DESCRIPTION OF THE PROJECT ................................................................................................... 30 2.4 PROJECT IMPLEMENTATION ARRANGEMENTS............................................................................................... 33 2.5 PROJECT EXCLUSION CRITERIA ..................................................................................................................... 35 3. ENVIRONMENTAL AND SOCIAL CONTEXT AND BASELINE CONDITIONS. ........................ 35 3.1 OVERVIEW OF BIOPHYSICAL BASELINE......................................................................................................... 35 3.1.1 Geography and Location ..................................................................................................................... 35 3.1.2 Climate ................................................................................................................................................. 36 3.2 NATURAL RESOURCES ................................................................................................................................. 36 3.2.1 Soils...................................................................................................................................................... 36 3.2.2 Hydrology: Water resources and wetlands .......................................................................................... 37 3.2.3 Ecology, Biodiversity, National Parks and Protected Areas ............................................................... 40 3.2.4 Flora .................................................................................................................................................... 42 3.3 CLIMATE CHANGE, DISASTER AND VULNERABILITY ................................................................................... 43 3.4 OVERVIEW OF SOCIAL BASELINE ................................................................................................................. 44 3.4.1. People and Population Dynamics ....................................................................................................... 44 3.4.2 Socioeconomic Environment ................................................................................................................ 47 4. RELEVANT POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK OF ENVIRONMENTAL AND SOCIAL MANAGEMENT .................................................................................................................. 52 4.1 POLICIES AND STRATEGIES FORMING THE NATIONAL ENVIRONMENTAL AND SOCIAL MANAGEMENT SYSTEM ............................................................................................................................. 52 4.1.1 The Constitution ................................................................................................................................... 52 4.1.2 Environment Policy of South Sudan, 2010 ........................................................................................... 53 4.1.3 The Water Policy.................................................................................................................................. 54 4.1.4 The South Sudan Forest Policy (2012) ................................................................................................ 54 4.1.5 The Agriculture Policy Framework (2012-2017)................................................................................. 55 4.1.6 The National Gender Policy (2012 – 2017) ......................................................................................... 55 4.2 PROCLAMATIONS, REGULATIONS AND PROCEDURAL GUIDELINES FORMING THE NATIONAL ENVIRONMENTAL MANAGEMENT SYSTEM ..................................................................... 57 4.2.1 South Sudan Draft Environmental Protection Bill (2013) ................................................................... 57 4.2.2 The Public Health (Water and Sanitation) Act (2008) ......................................................................... 58 4.2.3 The Land Act of 2009 (State of Southern Sudan) ................................................................................. 59 4.2.4 The Labor Act (Act No. 64 of 2017) ..................................................................................................... 60 4.2.5 The Wildlife Conservation and National Parks Act ............................................................................. 61 MWRI Page 2 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component 4.3 APPLICABLE INTERNATIONAL CONVENTIONS ENDORSED BY SOUTH SUDAN ............... 61 4.4 INSTITUTIONAL ROLES AND RESPONSIBILITIES FOR ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT AND MANAGEMENT ........................................................................................... 64 4.4.1. The Ministry of Environment and Forestry ......................................................................................... 64 4.4.2. The State Environment Ministries ............................................................................................... 65 4.4.3 Ministry of Labor and Human Resource Development .................................................................... 66 4.4.4 Ministry of Gender, Child and Social Welfare ................................................................................ 67 4.5 WORLD BANK ENVIRONMENTAL AND SOCIAL STANDARDS............................................... 69 4.6 RELEVANT EHS GUIDELINES FOR CRFM SUBPROJECTS ........................................................ 87 4.6.1. EHS GUIDELINES...................................................................................................................... 87 4.6.2 EHS Water quality and availability ..................................................................................................... 87 4.6.3 EHS General Guidelines ...................................................................................................................... 88 4.6.4 EHS Guideline for Construction Materials Extraction ........................................................................ 89 5 ENVIRONMENTAL AND SOCIAL RISK MANAGEMENT PROCESSES ..................................... 90 5.1 ROLES AND RESPONSIBILITIES IN THE ESMF IMPLEMENTATION PROCESS ................................................... 90 5.2 OVERVIEW OF SUBPROJECT CATEGORIZATION AND THE ESS REQUIREMENTS .......................................... 91 5.2.1 Risk Categorization of Technical Assistance (TA) Subprojects ........................................................... 93 Following the identification of the TA typology and subsequent risk classification exercise, the following actions are advised to be taken to ensure that the TA subproject are carried with due consideration to the ESF requirements’ The recommended actions includes; .............................................................................. 94 5.3 PROCESS AND PROCEDURES OF THE ESMF ............................................................................... 95 Step 1: Screening .......................................................................................................................................... 95 Step 2: Assigning of Environmental and Social Risk Classification ............................................................. 97 Step 3: Environmental and Social Assessment .............................................................................................. 97 Step 4: Review and Approval ........................................................................................................................ 98 Step 5: Public Consultations and Disclosure................................................................................................ 98 Step 6: Monitoring, Supervision and Reporting............................................................................................ 98 Step 7: Annual Reviews ............................................................................................................................... 100 5.4. SUB PROJECTS INVOLVING LAND ACQUISITION OR RESTRICTION OF ACCESS TO LAND USE ....................... 100 6 POTENTIAL ENVIRONMENTAL AND SOCIAL RISKS AND BENEFITS ................................. 101 6.1 PROJECT BENEFICIAL ENVIRONMENTAL AND SOCIAL IMPACTS ..................................... 101 6.2 PROJECT ADVERSE ENVIRONMENTAL RISKS AND PROPOSED MITIGATION MEASURES 103 6.2.1 Project Impact during Construction Phase........................................................................................ 103 6.2.2 Project Impact during Operation Phase ............................................................................................ 113 6.2.3 Occupational Health and Safety Hazards/Risks (During Construction & Operation phases) .......... 117 6.2.4 Impacts on Community Health and Safety (Waterborne, Communicable and Vector-Borne Diseases) .................................................................................................................................................................... 121 6.3 ADVERSE SOCIAL IMPACTS ........................................................................................................ 123 6.3.1 Potential Land and Resettlement Impacts .......................................................................................... 123 6.3.2 Impacts of Restricting Traditional Water Uses outside Flood Protection/Dyke Structures............... 125 6.3.3 Restriction of Access to Movements ................................................................................................... 125 6.3.4 Potential Project-Related SEA/SH Risks ........................................................................................... 126 6.3.5 Risks of forced labor, child labor and discrimination........................................................................ 127 MWRI Page 3 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component 6.3.6 Damage to Cultural Heritage Sites .................................................................................................... 128 7. GENERIC ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN ...................................... 129 7.1 GENERIC ENVIRONMENTAL AND SOCIAL MONITORING PLAN ................................................ 145 8. GRIEVANCE REDRESS MECHANISM .......................................................................................... 164 8.1 GRM CORE PRINCIPLES ............................................................................................................................. 165 8.2 GRM VALUE CHAIN .................................................................................................................................. 165 8.3 MEANS OF FILING A GRIEVANCE ................................................................................................................ 166 8.3.1 Incident reporting .............................................................................................................................. 166 8.3.2 GBV/SEA/SH ...................................................................................................................................... 170 8.4 WB’S GRIEVANCE REDRESS SERVICE (GRS) ............................................................................................. 173 9. STAKEHOLDER ENGAGEMENT ....................................................................................................... 175 10. TRAINING AND CAPACITY BUILDING ................................................................................... 188 10.1 INSTITUTIONAL CAPACITY ASSESSMENT.................................................................................................. 188 10.1.1 Assessment of capacities and practical experiences of implementing Agencies on Environmental and Social Risk Management. ............................................................................................................................ 188 10.1.2 Assessment of capacities and practical experiences of State and County level EPAs ..................... 190 10.1.3 Training requirements ..................................................................................................................... 191 10.2 PROPOSED ESMF IMPLEMENTATION BUDGET ......................................................................................... 195 11. MONITORING OF E&S IMPLEMENTATION ................................................................................. 198 ANNEX A: ENVIRONMENTAL & SOCIAL SCREENING FORM ....................................................... 200 ANNEX B: GUIDANCE FOR SUBPROJECT RISK CATEGORIZATION ............................................ 203 ANNEX C: GRM FORM ........................................................................................................................... 206 ANNEX D: GBV/SEA CASE REGISTRATION FORM ........................................................................... 209 ANNEX E: SAMPLE CHANCE FIND PROCEDURES ........................................................................... 211 ANNEX F: TERMS OF REFERENCE FOR SESA ................................................................................... 213 ANNEX G: TERMS OF REFERENCE FOR ESIA ................................................................................... 231 ANNEX H: LABOR MANAGEMENT PROCEDURES ........................................................................... 254 ANNEX I: GBV/SEA/SH ACTION PLAN ................................................................................................. 271 ANNEX J: LIST OF VIRTUAL STAKEHOLDER CONSULTATION PARTICIPANTS ...................... 299 ANNEX K : TOR FOR ESMP .................................................................................................................... 302 ANNEX L : TOR FOR PRELIMINARY ESA (FOR E&S CONSIDERATIONS DURING FEASIBILITY STUDY) ....................................................................................................................................................... 313 MWRI Page 4 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component LIST OF TABLES TABLE 1:TYPOLOGY OF SUBPROJECTS UNDER CRFM PROJECT ..................................................ERROR! 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TABLE 2:WORLD BANK – APPLICABLE ENVIRONMENTAL AND SOCIAL STANDARDS .................................................................. 75 TABLE 3: GAP ANALYSIS WB ESS AND NATIONAL LEGAL FRAMEWORK ................................................................................. 77 TABLE 4: ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN .......................................................................................... 129 TABLE 5:GENERIC ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN............................................................................... 145 TABLE 6 RESULTS FROM SUB-NATIONAL STAKEHOLDER CONSULTATIONS .............................................................................. 179 TABLE 7: CAPACITY DEVELOPMENT AND TRAINING PLAN ................................................................................................... 193 TABLE 8: PROPOSED BUDGET FOR IMPLEMENTATION OF THE CRFM ESMF ....................................................................... 197 TABLE 9 NATIONAL AND SUB-NATIONAL STAKEHOLDER CONSULTATIONS.............................................................................. 299 LIST OF FIGURES FIGURE 1:MAP SHOWING POTENTIAL TARGET COUNTIES AND HYDROMETRIC STATIONS FOR COMPONENT 1&2 SUBPROJECTS .. 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FIGURE 2: SHOWING CRFM PROJECT IMPLEMENTATION ARRANGEMENT .............................................................................. 34 FIGURE 3: SHOWING THE MAIN HYDROLOGICAL UNITS OF SOUTH SUDAN .............................................................................. 39 FIGURE 4: SHOWING PROTECTED AREAS OF SOUTH SUDAN ................................................................................................. 42 FIGURE 5: LIVELIHOOD ZONES IN SOUTH SUDAN ............................................................................................................... 49 FIGURE 6: PROPOSED INSTITUTIONAL ARRANGEMENT FOR ESMF IMPLEMENTATION ............................................................... 91 FIGURE 7 MABAN FIELD VISIT AND CONSULTATIONS, SEPT 2022 ....................................................................................... 301 MWRI Page 5 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component ACRONYMS AMVAT Agricultural Markets, Value Addition and Trade Development Project AIDS Acquired Immune Deficiency Syndrome CERC Contingent Emergency Response Component CESMP Contractor Environmental and Social Management Plan CRFM Climate Resillient Flood Management EFNSP Emergency Food and Nutrition Security Project EHS Environment, Health and Safety ECRP Enhancing Community Resilience Project ESCP Environmental and Social Commitment Plan ESMP Environmental and Social Management Plan ESMF Environmental and Social Management Framework ESF Environmental and Social Framework ESIA Environmental and Social Impact Assessment ESRS Environmental and Social Review Summary E&S Environmental and social ESS Environmental and Social Standards FPIC Free, Prior, and Informed Consent FRM Flood Risk Management GIIP Good International Industry Practice () GoSS Government of South Sudan GDP Gross Domestic Product GHG Green House Gas GRM Grievance Redresses Mechanism GBV Gender Based Violence IDRMP Integrated Disaster Risk Management Project IPF Investment Project Financing LMP Labor Management Procedure MSDS Material Safety Data Sheet MGCSW Ministry of Gender, Child and Social Welfare MWRI Ministry of Water Resources and Irrigation NBI Nile Basin Initiative NGO Non Governmental Organization OHS Occupational Health Safety PM Particulate matter PDO Proposed Development Objective PPE Personal Protection Equipment MWRI Page 6 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component PIU Project Implementing Unit RCCE Risk Communication and Community Engagement RPF Resettlement Policy Framework SEA Strategic Environmental Assessment SEP Stakeholder Engagement Plan SH Sexual Harassment STD Sexually Transmitted Diseases SSAHUTLC Sub-Saharan African Historically Underserved Traditional Local Communities WRM Water Resource Management MWRI Page 7 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component EXECUTIVE SUMMARY I. Introduction South Sudan is a landlocked country that lies between latitudes 3°N and 13° N and longitudes 24°E and 36°E. The country’s territory totals 644,329 km2 and has many plains and plateaus that are drained by the Nile and its numerous tributaries. Flooding is an annual occurrence in South Sudan and causes large swaths of pastureland and cropland to be submerged, resulting in food insecurity. Such flooding also acts as a source of conflict between communities. The proposed CRFM project aims to strengthen national and sub-national institutions to better manage water resources for climate adaptation and support climate resilient flood risk management in select river sub-basins. The project development objective is to improve climate resilient water resources management and enhance resilience to floods in select river basins in South Sudan. The CRFM project will be financed by IBRD/IDA with a total grant amount of 50 million USD. It will be implemented for five years from 2023 to 2028 G.C. This document provides an ESMF for the CRFM project. The main objective of the ESMF is to provide an environmental and social management process for the South Sudan CRFM Project. The ESMF is complimented by RPF, SEP, LMP and GBV SEA/SH action plan documents, with the last two documents annexed to this ESMF and the remaining as separate and standalone. II. Methodology The methodology adopted for preparing the ESMF includes conventional methods which include review of relevant legislations, policies and related documents, qualitative and quantitative secondary data collection and analysis, as well as conducting consultations with project implementers and stakeholders. III. Environmental and social context and baseline conditions (a) Overview of biophysical baseline Geography and Location: South Sudan is a landlocked country that lies between latitudes 3°N and 13° N and longitudes 24°E and 36°E. The country covers an area of 619,745 km² and is divided into 30 Counties. It falls almost entirely (96 per cent) within the Nile River Basin in East-Central Africa and it is dissected into two by the White Nile that runs from the south of the country to the north. Physiographically, South Sudan is predominated by expansive flood plains and the Sudd wetlands, associated with the River Nile and its tributaries. Sudd Swamp is one of the largest wetlands in the world. The highest point in South Sudan is Kinyeti at 10,456 feet (3,187 m) and it is located on its far southern border with Uganda. MWRI Page 8 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component Climate: The climate of South Sudan is characteristically hot and dry with seasonal rains that are significantly influenced by the migration of the Inter-Tropical Convergence Zone (ITCZ). The green belt zone in the southernmost part of the country which receives up to 2500 mm of rain. A reasonable proportion of the country receives rainfall of 800 mm – 2,000 mm per annum. Temperatures range between 25 oC and 45 oC. Soils: The country's soils can be divided geographically into two categories. These are the clay soils of the central region, and the laterite soils of the south. Less extensive and widely separated, but of major economic importance the third group consists of alluvial soils found along the lower reaches of the White Nile and Blue Nile rivers. Hydrology: Water resources and wetlands: The Nile and its main tributary, the White Nile (Al Bahr ElAbyad), drain South Sudan. The White Nile flows north from central Africa, draining Lake Victoria and the highland regions of Uganda, Rwanda, and Burundi. In southeast, the Sobat River drains an area of western Ethiopia and the hills near the South Sudan-Uganda border. The Sobat's discharge is considerable; at its confluence with the White Nile just south of Malakal, the Sobat accounts for half the White Nile's water. At Bor, the great swamp of the Nile, known as Sudd begins. The Sudd, an inland delta of the White Nile, is the country’s largest wetland, covering about 5 per cent of the country’s land area. It is made up of lakes, swamps, marshes and extensive flood plains. It includes the Bahr el Jebel swamps, the Bahr el Ghazal swamps, the wetlands at the Baro-Pibor-Akobo confluence and the Machar marshes. It is thought that large areas of South Sudan are underlain by rich aquifers that are recharged by seasonal rainfall and river flooding, with some of these underground water reservoirs extending across international boundaries. There is little information on the distribution and hydrology of these under- ground waters, or about the rates of water extraction and the impacts of human activities, such as potential over-abstraction and pollution. Ecology, Biodiversity, National Parks and Protected Areas: South Sudan’s wide range of habitats supports a very rich diversity of both animal and plant species. However, the variety and number of different species is unknown. A glimpse of the richness of species is provided in a 2015 study by biologists who took 105,000 motion-controlled photos in an area of about 7,770 km2 of dense forest in former Western Equatoria State. They found a total of 37 species, including four species never documented before in South Sudan: the African golden cat (Caracal aurata), water chevrotain (Hyemoschus aquaticus), red river hogs (Potamochoerus porcus), and giant pangolin (Manis gigantea). It also captured chimpanzees, bongos, leopard, forest buffalo, honey badger and the rare forest elephant. The IUCN Red List of Threatened Species for South Sudan lists 4 critically endangered species and 11 endangered species. The protected areas in South Sudan are shown with a map in figure-4 of the main report. Flora: The total area of forest cover in South Sudan is thought to be almost 20,000,000 ha, which represents about 30 per cent of the country’s total land area. Of this total, gazetted forest reserves account for 3.1 per cent and plantation forests represent 0.1 per cent. A greater proportion of the MWRI Page 9 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component country comprises wooded grassland or the Savannah kind of vegetation. Drier areas are covered by bushed grassland. Climate Change, Disaster and Vulnerability: As indicated in South Sudan’s Intended Nationally Determined Contributions (INDC), there are no well determined data as regards GHG emissions in the country. However, like most African countries, South Sudan contributes little in terms of GHG emissions globally, but is highly vulnerable to the impacts of climate change – principally rising temperatures and increased variability of rainfall. South Sudan is susceptible to natural hazards, especially drought and floods but climate change is exacerbating their intensity, frequency and duration. Given the population’s dependence on seasonal rains to support their livelihoods, the severe disruption of rainfall patterns combined with increased vulnerability will jeopardize the capacity of huge numbers of people to sustain themselves, a situation that is already occurring in several parts of the country. (b) Overview of Social Baseline Demography: As of 2020, South Sudan has a total population of 11,193,729. Of these, 49.9 per cent of the population is female and 50 per cent is male. South Sudan also has an extremely young population, with 73 per cent of the population aged under 30. South Sudan consists of a broad variety of ethno- linguistic groups. Social Structure: South Sudan is a socio-culturally, politically and economically very diverse country. For pastoralists, such as the Nilotic, Dinka, Nuer and Atuot, the search for pasture shapes most of their socio-cultural life. Farming communities, on the other hand, present a settled lifestyle. Wealth is still a major marker in the social strata and the size of cattle herds – among the pastoralist societies - is a significant indicator for wealth. Formal and Informal Governance Structures: South Sudan consists of 32 states. The 2009 Local Government Act decentralized and devolved decision-making powers from the national level to the states, to county and sub-county (payam) levels and to bomas. County commissioners and county legislative councils are elected representatives. Traditional authorities, in their various forms, have been integrated into local governance structures in order to improve service delivery, access to justice and eradicate poverty. Chiefs can be elected conventionally or according to traditional practice. Instead of accountability, governments have generally prioritized security. This has resulted in a division where development partners deliver services, and the governments deliver security. a) Socioeconomic Environments Economic Situation (Outlook and Macroeconomic Performance): According to the World Bank, the country’s economy depends on crude oil, which accounts for 90 per cent of government revenue and 60 percent of GDP. Due to conflict and economic shocks, the economy had negative GDP growth for five of the past seven years. Covid-19 has severely affected the country’s economy, as it impacts economic growth and development, while further driving vulnerabilities. Agriculture and Livestock: The country's economy is also dependent on agriculture, accounting for one-third of GDP in 2009. The agriculture sector provides the main source of livelihood to the people. It is characterized by small, hand-cultivating household units belonging to larger family aggregations MWRI Page 10 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component practicing different combinations of rain-fed agriculture, livestock grazing and pastoralism, wild food harvesting and fishing. Although agriculture is the backbone of the subsistence economy of South Sudan1, production is very low. Livelihoods, Labor and Employment: Livelihoods in South Sudan are largely influenced by the ecology of a region. The livelihood system in South Sudan is predominately subsistence small-holder agriculture, among which about 12-15% of the population depends on fishing for their livelihoods. Livelihoods have been relying on agricultural production, cattle rearing, fishing, gathering of wild foods as well as trade. Livelihoods have been largely destroyed in years of conflict. There had been a key assumption that after the civil war recovery would take off. However, this did not happen and the outbreak of renewed armed conflict in 2013 and continued local level conflicts prevented any growth. Education: Education in South Sudan has been similarly undermined by displacement, hyperinflation, civil conflict and food insecurity. The average duration of schooling is 4.8 years. School closures due to Covid-19 and non-payments of salaries for teachers increased the risk of dropouts for teachers. Health: The post-conflict South Sudan has huge challenges in delivering health care to the population. The challenges include crippled health infrastructures, nearly collapsed public health system, inadequately qualified health professionals, and drug stock outs and so on. The health system needs a major resuscitation. IV. Applicable policies and strategies forming the national environmental and social management system The Government of South Sudan has enacted fundamental policies and legislations which have provisions for overall guidance to national environmental and social management. These include the Transitional Constitution, Environment policy, Public Health Act, Land Act, Labor Act, and the Wildlife conservation and National Parks Act. Other national policies of significance drafted by the GoSS include the Forest policy, Gender policy and Water policy. The GoSS have also established institutions responsible for national environmental and social management including the Ministry of Environment and Forest, the Ministry of Labor and Human Resource Development, e.t.c which would have a pivotal role in setting up and enforcing the regulatory frameworks in their areas of responsibilities. However, the draft Environment Protection Bill (2013), which is the primary legislation that is supposed to establish the national EIA requirements and procedures, as well as all other aspects of the national environmental and social management rules, is yet at its draft stage and is not legally binding. Review of the World Bank ESF and relevant Environmental and Social Standards (ESSs), as well as the EHS guidelines was also carried. Accordingly, it was noted that all ESSs except ESS 9 were potentially applicable to the CRFM subprojects. In addition, because Component 2 of the CRFM project includes rehabilitation and development of flood control infrastructures within the Nile basin MWRI Page 11 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component catchment,.the project triggers OP 7.50 regarding Projects in International Waters. On the other side, the following EHS guideline appeared to be most relevant to the CRFM subprojects; - EHS Guideline for Water Quality and Availability - EHS General Guideline Section 1 to 4 - EHS Guideline for Construction Materials Extraction V. ESMF Processes and Implementation Responsibilities in the ESMF Implementation Process: The lead responsibility for the overall coordination and implementation of the CRFM project lies on MWRI under which a Project Implementation Unit (PIU) will be established. It is necessary that the PIU is staffed adequately and permanently with E&S risk management specialists who will be spearheading the implementation of the ESMF process throughout the project life. The PIU E & S risk management specialists will also be responsible to oversee the E & S risk management issues in relation to all CRFM financed subprojects. It will also be important that CRFM project beneficiary state ministries for water resource and irrigation that will be involved in subproject implementation should assign focal persons for E & S risk management. Overview of Subproject categorization and the ESS requirements: As the CRFM project involves multiple small subprojects that are identified, prepared and implemented during the course of the project, MWRI is required to carry out appropriate environmental and social assessment of the subprojects, and prepare and implement such subprojects, as follows: (a) High Risk subprojects, in accordance with the ESSs; (b) Substantial Risk, Moderate Risk and Low Risk subprojects, in accordance with National law and any requirements of the ESSs that the Bank deems relevant to such subprojects. Where subprojects are likely to have minimal or no adverse environmental or social risks and impacts, such subprojects do not require further environmental and social assessment following the initial scoping. Procedures of the ESMF Step 1: E&S Screening: The E&S screening will occur during the early planning for CRFM subprojects, as soon as site locations and designs are known for the sub-projects. The first step is the screening process to determine the environmental and social aspects of sub-project so as to ascertain the type of environmental and social assessment required in accordance with ESS1 and consistent with the ESSs. An Environmental and Social Screening form is provided in Annex A. It is essential to state that the CRFM project has been classified as High Risk. Nonetheless, the screening process of individual CRFM subprojects will inform decision makers and the project management of the real nature and extent of potential E&S risks and impacts that will arise as a result of subproject activities at the specific site location as well as the biophysical & social setting. It is anticipated that some CRFM subprojects may have substantial, moderate or low E&S risks. For the purpose of avoiding significant environmental and social risks at the planning stage, the exclusion criteria would be applied to exclude subprojects from financing by Component II. At the National level, the PIU through its E&S specialists will take lead on environmental and social screening of identified sub-projects. MWRI Page 12 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component Step 2: Assigning of Environmental and Social Risk Classification: The PIU E&S specialists shall undertake the environmental and social screening process and assign the appropriate risk classification for the subproject (s) – Low, Moderate, Substantial or High. The classification should be assigned based on the criteria provided in Annex B: Guidance for subproject risk categorization. Even though the South Sudan Environmental Protection Bill (2013) allows for some screening decision to be made based on a Project brief document (i.e. a document supposed to be equivalent with an E&S screening report), it is still at draft stage and has not been enacted by the legislative body of the South Sudan to become an enforceable law. Thus, the project will adhere to the World Bank guidance for subproject risk classification in the absence of a legally binding national system. Step 3: Environmental and Social Assessment: Upon review and approval of the screening report and risk rating, the PIU will consult with the World Bank and decide on the type of additional E&S instrument to be undertaken. This is likely to be an Environmental and Social Impact Assessment (ESIA) for high and substantial risk or an Environmental and Social Management Plan (ESMP) for moderate or low risk (if any). The ESIA Study will entail a systematic investigation of all risks and impact areas as identified in the screening report. For High and Substantial risk subprojects, the environmental assessment will have to fulfill ESS 1 requirements described under section 5.2. Step 4: Review and Approval: The E&S Instruments (i.e. ESIA or ESMP) prepared will be reviewed by the Environmental and Social Specialists of the PIU. Thereafter they will be submitted to the World Bank for review and comment. When the World Bank ensures that all comments are addressed, it would give approval and clear the document. Once cleared by the World Bank, the ESIA or ESMP will be submitted to the Directorate of Environment and Sustainable Development of the Ministry of Environment and Forest of South Sudan for obtaining “Letter of no objection”. Step 5: Public Consultations and Disclosure: Public consultations are required during the screening and the environmental and social assessment process and during the validation of the ESIA/ESMP. Supporting evidence of comprehensive public consultations shall be required, such as signed minutes of consultation meetings, attendance lists and filled questionnaires. ESIA reports for the subproject shall be disclosed in-country by the PIU and in formats that are accessible to all project stakeholders and on the World Bank info shop website. Step 6: Monitoring, Supervision and Reporting: The PIU E&S specialists shall monitor implementation of risk mitigation measures at the national level by coordinating and working closely with the E&S focal persons of the beneficiary state ministries. The E&S focal persons at state ministries will undertake regular supervision of the subprojects during implementation. The PIU will provide regular reports, as set out in the ESCP, to the Bank of the results of the monitoring and E&S performance. Such reports will include information on stakeholder engagement conducted during project implementation in accordance with ESS10. Step 7: Annual Reviews: The third-party annual environmental and social performance audits will be conducted on the CRFM subproject and associated facility activities to evaluate the overall implementation of the ESMF. It is expected that these annual performance audits will be carried out by a registered and licensed independent consultant firm that is not otherwise involved in the Project. MWRI Page 13 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component Sub projects involving land acquisition or restriction of access to land use: A separate Resettlement Framework (RF) document is prepared for the CRFM project to provide guidance on the principles and procedures associated with implementation of ESS 5 requirements including the resettlement planning instruments (i.e., RAP). In the event that there are differences between national legislation and ESS 5 requirements, the provision of the latter will prevail during project implementation. VI. Potential Environmental and Social Risks and Benefits The main E&S risks and impacts of the CRFM project are likely to arise from subproject activities to be financed under Component 2 and to some extent from component 1 and 3 as well. These include subproject activities such as the rehabilitation and construction of flood control infrastructures (subcomponent 2.2), development and installation of water information systems including hydrometric stations (subcomponent 1.3) as well as from the minor MWRI offices rehabilitation activities. The technical assistance subproject activities such as the development of water resource master plan (subcomponent 1.1) and technical standards, guidelines and procedures (Subcomponent 1.2) may lead to future physical investments that can have potential risks downstream. The adverse E&S risks and impacts associated with the CRFM project subcomponent activities are summarized as below. (a) Project Impact during Construction Phase Impacts of building construction camps and other ancillary facilities: There are different anticipated adverse impacts emanating from construction of ancillary facilities, such as camp site, storage areas, garages, etc. These include adverse impacts stemming from inappropriate management of waste disposal, air pollution, competition for water and electricity around these camp sites and ancillary facilities. To minimize the impacts, the following measures can be considered: ➢ Locate construction camps away from environmentally, socially, and culturally sensitive sites. ➢ Provide necessary amenities in the construction camp. ➢ Provide proper waste collection skip and disposal means. Impacts of borrow pits and quarry sites use: Utilization of construction materials from borrow pits and quarries will result in extensive land disturbance including removal of the indigenous vegetation at and around the borrow pits and quarries as well as alternation of the original topography including drainage patterns. The following mitigation measures are recommended for impact due to borrow pits and quarries: ➢ Land clearing, removal of topsoil and excess materials, location of haul roads, tips and stockpiles, and blasting should be planned with due consideration to meteorological factors and location of sensitive receptors. ➢ Establishment of buffer zones from the edge of extraction areas, considering the characteristics of the natural habitats and the type of extraction activities; Impacts due to Construction Wastes: It is anticipated that large volume of surplus materials from clearing, excavation and fill work will form the major portion of construction waste generated. Also, surplus/discarded concrete, aggregates, reinforcement bars, pipes, etc. are expected from some of the MWRI Page 14 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component construction activities. To minimize pollution due to wastes generated from project construction sites, the following are some of the mitigation measures can be considered: ➢ Wastes have to be properly transported and disposed to officially permitted and properly managed site ➢ Provide segregated waste receptacles within construction camps or storage areas ➢ Aware the construction crew and operators on proper handling of hazardous materials ➢ Vehicles hauling construction debris or other waste from the sub-project sites shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions and dropping of debris. Impact on Surface Water Resource: Construction work within or adjacent to watercourses has the potential for reducing water quality due to increased sediment and pollutants load. Construction wastes, debris as well as oil and fuel spills, if not properly managed, could result in surface water pollution. Clearance of river side vegetation will also result in increase of river water temperature which may result in the changes of the river ecology. The following mitigation measures are some of the recommended to minimize project impact on surface water resources. ➢ Protect water body ecosystem by properly managing construction wastes that will be generated during project civil works; ➢ Provide secondary containment to hold on accidental spillage and prevent it from entering nearby water bodies and soil. ➢ Maintain controlled flow in rivers and streams to allow downstream movement of water, sediment, and other transported materials that form the natural surface water system ➢ Develop emergency response work instructions to manage accidental oil and chemical spills. Impacts due to Channel Smoothing and Clearing Riverine Vegetation: Significant alterations in a river channel may result in changes of river morphology downstream, even upstream. River channel smoothening and clearing riverine vegetation will reduce the roughness of a river (Manning’s roughness) and increase the available cross-sectional flow area of the river enhancing the capacity of the rivers to carry/convey floods. On the other hands, smoothened rivers and cleared aquatic vegetation will disrupt, eliminate or affect aquatic habitats. The following mitigation measures are recommended to reduce the impacts of river smoothening and clearing riverine vegetation: ➢ Aquatic organisms and fishery habitat along river courses should be carefully identified and these types of activities on the identified sites should be minimized. ➢ Minimizing removal of native plant species or riverine vegetation. Impact on Soil and Groundwater due to Disposal of Dredging Spoils: Physical and chemical composition of dredging waste is governed by the hydrogeology and vegetation of the catchment, and historical anthropogenic contaminants release into the river system. If the dredging waste has hazardous compounds, then it will entail contamination of soil and groundwater which in turn affects flora, fauna, and people’s wellbeing and health. To minimize the impact on soil and groundwater due to disposal of dredging spoils/wastes, the following are some of the mitigation measures are recommended: ➢ Identify the physical and chemical composition of the dredging waste before removal. ➢ Based on the physical and chemical composition of the dredging waste, identify appropriate removal and temporary storage methods and locations. MWRI Page 15 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component ➢ The contractor should dispose the dredged spoils on a site dedicated for this purpose and officially permitted. ➢ The contractor should liaise with the concerned local authorities to aware them of the risks/impacts of the dredging waste. Impact on Terrestrial Flora: Clearing of vegetation for construction of dyke / earth embankment, small dams, infiltration basins, wetland restoration as well as hydrometric stations, across rivers, streams and drainage channels will result in the loss of vegetation cover and flora species of biodiversity importance. To minimize impacts on flora, the following mitigation measures are recommended: ➢ Survey of sub-project areas shall be done by botany specialists (or biologists) prior to construction to identify, protect, or preserve endangered plant species. ➢ Minimized construction of flood control structures on known areas of biodiversity significance such as parks and natural reserve. ➢ Plant indigenous trees in open spaces, along river banks, and/or other disturbed areas Impact on Terrestrial Fauna: The river banks where flood control structures are planned to be constructed could be important wildlife habitat. This is specially so when the river crosses national parks and wildlife reserves. Construction of the flood control structures will disturb wildlife habitat, force them to migrate from its natural habitats and also hinder their free movements. The following mitigation measures are recommended to minimize the impact. ➢ During sub-project planning, consult or involve the state/county biodiversity or ministry of environment and forest office to identify important biodiversity and genetic resource in the sub-project influence area. ➢ Identify wildlife habitats and avoid construction of flood control structures in or near the identified habitats; ➢ Provide alternate passage for important wildlife habitats to ensure free movement of wildlife ➢ Design and construct wildlife access to avoid or minimize habitat fragmentation. Impact on Aquatic Fauna and Flora: construction of dyke / earth embankment, Small dams / haffirs, infiltration basins, wetland restoration as well as hydrometric stations, will alter the aquatic habitats on which the fauna depends for breeding, food, and shelter. Temporary storage of water behind flood control structures will restrict movement of aquatic fauna and affect their eating and breeding patterns. The following mitigation measures are recommended to minimize the impact of sub-projects implementation on aquatic fauna: ➢ Construction of embankments and modification in river courses reach of biodiversity and genetic resource should be avoided to the extent possible. ➢ Ensure that designs provide for maintenance of environmental flow. ➢ Consider providing structures that allow movement of aquatic fauna such as fish ladder. ➢ Where practical, consider restoration of aquatic habitats upstream or downstream of the flood protection structures and replenish with the aquatic species available before subprojects intervention. (b) Project Impact during Operation Phase MWRI Page 16 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component Impacts on Groundwater Resource: Construction and operation of flood protection structures such as dikes and embankments will reduce or eliminate floodplains which in turn results in reduction of groundwater recharge and discharge. Groundwater stored in the floodplains during wet seasons will be discharged to rivers during dry periods. The following mitigation measures are recommended to minimize impact on groundwater resource. ➢ Avoid elimination of floodplains, particularly in areas (including downstream areas) where groundwater resource is limited or in use. ➢ Carry out watershed management programs at the upper catchment to compensate the reduction in groundwater recharge due to elimination of the floodplains. ➢ Release (if necessary, frequently) controlled downstream flow to enable groundwater recharge Impacts on recession agriculture due to reduced or eliminated floodplains: Flood control sub- projects such as dyke /earth embankment, small dams, and infiltration basins will reduce or eliminate floodplains, adversely affecting recession agriculture based livelihoods and other environmental benefits. The following mitigation measures are recommended to minimize the impact of reduced or eliminated floodplains: ➢ Avoid completely drying up or eliminating floodplains so that the natural flood cycles could be maintained. ➢ Water drained out and released from flood plain should be temporarily stored in retention ponds and reused. Aesthetic Impacts due to Paving of River Channels: : Significant alterations in a river channel may result in changes of river morphology downstream, even upstream Some sub-projects will involve river channel modification which includes paving of river channels (particularly near or around hydraulic structures) to reduce the roughness of the river and enhance its flood conveyance capacity. However, paved river channels disrupt the scenic nature of rivers thereby reducing their aesthetic values. The following mitigation measures are recommended to minimize impacts due to paving of river channels: ➢ Avoid paving of river channel on the river stretch of ecological value, risk of flooding downstream, geological features suitable for groundwater recharge, and aesthetic value. ➢ Consider flood speed control measures downstream of the structures. Cumulative Impacts: Several CRFM sub-projects in combination could have significant cumulative impacts at basin and sub-basin levels. Water resource development projects financed by earlier phases of ECRP-I&II and other donors could be in progress. Further, the development of water resource master plan under Component-I will also identify priority water sector investments that would be planned to be carried in the short, medium and long term in the CRFM project influence areas and beyond. The combined and synergistic cumulative effect of these multiple projects at basin and sub- basin levels would be of high concern. The following mitigation measures are among the recommended to minimize cumulative impacts: ➢ Conduct Strategic Environmental Assessment (SEA) during the development process of the Water Resource Master Plan to consider project alternatives, cumulative impacts, and E&S Sustainability issues. MWRI Page 17 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component ➢ Assess the cumulative impacts of implementing and operating sub-projects in combination with other current and future projects in the basins and implement recommended mitigation measures. Occupational Health and Safety Hazards/Risks (During Construction & Operation phases): Workers participating in construction and operation of flood control physical infrastructure project activities may be exposed to various occupational accidents and health risks due to low level of awareness on safety precautions and lack of personal protective equipment (PPE). The occupational accidents and health risks to be encountered would involve major and minor injuries including fatalities caused by overexertion, drowning, slips and falls, work at heights, struck by objects, confined spaces and excavations. There is thus a need to provide general safety training/orientation to physical flood protection infrastructure workers at the start of the subproject implementation and equip them with the necessary PPEs to avoid OHS risks. Sub-project contractors should prepare OHS plan for the site or comprehensively include OHS requirements in the C-ESMP. Further, contractors should have health and safety officers in their teams. Impacts on Community Health and Safety (Waterborne, Communicable and Vector-Borne Diseases): The excavation of borrow sites and quarry sites may form stagnant water ponds which can be source of health risks to the local people as a favorable mosquito breeding site and other communicable waterborne disease-causing parasites. Recommended mitigation measures include; ➢ Ensure that that these subprojects are accompanied by education for improved environmental sanitation and hygiene. ➢ Design and maintain drainage lines subprojects properly to have the capacity of removing runoff waters from the residential areas before it stagnates. Infectious and Communicable Diseases Impacts: There may be risks of sexually transmitted diseases (STD), including HIV and AIDS, and COVID-19 due to increased movement and interaction between migrant workforce and the local inhabitants, with serious potential adverse social and health impacts. Recommended mitigation measures include; ➢ The provision of HIV and AIDS education and information shall be provided for the entire construction worker, including the migrant workforce. ➢ All subproject sites/workplaces shall make COVID-19 information from relevant health agencies readily available to their workforce. (c) Adverse social impacts Potential Land and Resettlement Impacts: Risks and impacts related to involuntary resettlement are mainly expected under Component 2 of the CRFM Project. In order to obtain land for the flood risk mitigation infrastructure, it may be necessary to acquire land and potentially displace inhabitants. Construction and rehabilitation activities may result in permanent acquisition of land from local individuals, households or communities resulting in permanent loss of use of property, vegetation, or, parcels of land by the affected persons. Moreover, temporary use of land for construction and rehabilitation activities might cause interruptions in the current use of properties or land by PAPs. These adverse social impacts would need to be mitigated properly. For this purpose, a separate MWRI Page 18 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component Resettlement Policy Framework (RPF) has been prepared for the CRFM project which will be applied to all subprojects involving land acquisition as well as economic or physical displacement. The RPF will be applied in conjunction with the present ESMF. Impacts of Restricting Traditional Water Uses outside Flood Protection/Dyke Structures: Dykes and flood embankments protect the river water within or between the structures. Areas outside the dykes or related structures may have been used for traditional irrigation, livestock grazing or for watering perennial and horticultural crops. To avoid such impacts and make the project go in harmony with community interests and benefits the following mitigation measures are recommended: ➢ Consult project affected communities on the design of the structure to allow them to have access to the waters for irrigation, grazing and other domestic uses, and; ➢ Design and construct water intake points with regulating structures that will enable the river water to be used for their customary practices. Restriction of Access to Movements: Flood control physical infrastructures like dykes may close or restrict human and livestock movement corridors. On the other hand, access road problems can occur by the damage of bridges during construction and operation, and this will completely disrupt the traditional bridges at some areas particularly during rainy season. Recommended mitigation measures include; ➢ Consult the communities where such assess restrictions exist and on how to harmonize structures with their demands and needs. ➢ Design and construct dyke crossing structures such as bridges or selected materials for dyke construction that enables maintaining the dyke quality, sustainability and attainment of community demands. Potential Project-Related SEA/SH Risks: While project activities may have risks of GBV/SEA/SH– mostly in relation to the planned construction works, Labor influx, for example, can lead to GBV/SEA/SH cases between workers and community members; or the recruitment of community workers bears risks of SEA/SH. The sub-projects may be implemented in areas that will be hard to supervise. Recommended mitigation measures include; ➢ Implement GBV/SEA/SH Action Plan which is annexed to the present ESMF (See Annex H). It presents operational activities as well as recommendations for GBV, SEA, SH and child protection risk mitigation measures. ➢ All workers to sign CoC Risks of forced labor, child labor and discrimination: There is a risk that child labor and forced labor will be deployed in the project, for example in the form of community workers. Also, there might be a risk of discrimination based on gender, age, disability, ethnicity, or religion. Recommended mitigation measures to avoid these impacts include; ➢ The minimum age of 18 will be enforced in recruitment and in daily staff team talks by the MWRI PIU and contractors. ➢ Contractors’ obligations will be spelled out in their respective contracts and compliance wil l be monitored. MWRI Page 19 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component ➢ Labor Management Plan (LMP) has been developed for the CRFM project to provide practical guidance and procedures to address the anticipated labor risks (See Annex G). Risks of conflict: There are risks of conflict in relation to employment, access to benefits of the new infrastructure, and general intra and inter-ethnic divides. Recommended mitigation measures to avoid these impacts include; ➢ The subprojects will be accompanied by local analysis before entering communities to understand social dynamics. ➢ At subproject level, awareness raising activities will ensure that communities have good understanding of project and employment modalities and selection criteria. VII. Grievance Redress Mechanism The CRFM Project GRM should facilitate the project to respond to concerns and grievances of the project-affected parties related to the environmental and social performance of the project. It aims to address concerns effectively and in a timely and transparent manner. The CRFM Project will provide mechanisms to receive and facilitate resolutions to grievances and complaints. The CRFM Project GRM is readily accessible for all project-affected persons (PAPs) and does not prevent access to judicial and administrative remedies. It is designed in a culturally appropriate way and is able to respond to all the needs and concerns of project-affected persons. As per World Bank standards, the GRM will be operated in addition to a Sexual Exploitation and Abuse (SEA)/ Sexual Harassment (SH) Action Plan, which includes reporting and referral guidelines (see Annex H: SEA/SH Action Plan). However, the CRFM Project GRM will also cater for GBV/SEA cases. Additionally, in line with the provisions of ESS2, a grievance mechanism will be provided to all direct workers and contracted workers to raise workplace concerns. Workers will be informed of this grievance mechanism at the time of recruitment and the measures put in place to protect them against any reprisal for its use. This workers’ grievance mechanism is included in the project’s Labor Management Procedures (LMP). Given the small-scale nature of works and focus on locally sourced labor, the intake mechanisms of the Project GRM will also allow intake of grievances under ESS2. For SEA/SH at the workplace, provisions under the GBV/SEA Action Plan apply. Communities and individuals who believe that they are adversely affected by a World Bank supported project may submit complaints to existing project-level grievance redress mechanisms or the WB’s Grievance Redress Service (GRS). The GRS ensures that complaints received are promptly reviewed in order to address project-related concerns. VIII. Stakeholder Engagement A variety of stakeholder consultations have been completed for the design of the Project and the preparation of its E&S instruments. High level stakeholders and community-level members were consulted through a mission conducted by the World Bank and the Ministry of Water Resources and Irrigation (MWRI) from 19-30 September 2022 in Juba and Maban County. As part of the stakeholder engagement process during preparation of the present ESMF, a virtual stakeholder consultation was MWRI Page 20 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component held on October 25, 2022 with the help of the World Bank office in Juba and MWRI E & S contact persons. The virtual stakeholder consultation meeting was attended by more than ten participants representing key stakeholder institutions which are the MWRI, MoLSF, MoEF, MoLHRD, and MoGCSW. The main purpose of the virtual stakeholder consultation was to inform and aware the stakeholders about the CRFM project components, to understand their existing capacities and experiences regarding E&S risk management, and to receive their views, opinions and concerns regarding the CRFM project. Sub-national consultations were also held on 3rd and 4th November 2022 with state-level authorities, development partners and women’s associations (see Annex I for list of participants). The outcomes of the consultations are presented in Table-7. The CRFM will continue to engage all stakeholders and communities involved throughout the project life cycle. For this purpose, a separate Stakeholder Engagement Plan (SEP) has been developed for the project. The SEP seeks to define a structured, purposeful and culturally appropriate approach to consultation and disclosure of information, in accordance with ESS 10. Once subprojects and locations are identified, the Project team will conduct in-depth stakeholder consultations in the selected communities – prior to commencement of any works. These community level consultations will ensure that the local communities are well informed about the subproject plans, and that they are consulted on designs, project modalities and potential environmental and social risks and impacts and their proposed mitigation measures. The results of these consultations will feed into the subproject E&S instruments to be prepared. IX. Training and capacity building Assessment of capacities and practical experiences of implementing agencies on E&S Risk Management: The main implementing agency of the CRFM project is the Ministry of Water Resources and Irrigation. The existing capacities and practical experiences of MWRI in the area of environmental management is found to be generally moderate. It was learned that the existing organizational structure of MWRI consists of environment related units found under the Planning Directorate which is staffed with an environmental engineer and a social expert and in another unit under Water Resource Directorate engaged on environmental monitoring and assessment/audit focused on water quality. The MWRI also has experience in environmental and social risk management works gained through its multilateral funded project implementation activities in the past. MWRI have been commissioning the preparation of appropriate sub-project specific environmental safeguard instruments such as ESIAs to fulfill the requirements associated with project agreements. MWRI have been involved in carrying out internal reviews for quality assurance of the ESIA documents prepared and reported that it was sharing the ESIA documents with the MoEF for further review. However, it was revealed during the virtual consultation that there is high turnover of employees in MWRI, which is depriving it of its experienced staff. Moreover, it is noted that MWRI have been constrained by shortage of budget and logistics to undertake its Environmental and social risk management activities in many of its development activities. In summary, the virtual consultation discussions held with the various institutions have shown that there are capacity gaps in environmental and social management which needs to be filled through deploying adequate human resource and training. As a result, it is recommended that the capacity gap in E&S risk management should be filled in as follows. MWRI Page 21 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component - Deploy full time professional Environment and Social risk management specialists in the PIU at the earliest possible, as per the ESCP (Note: MWRI have already assigned E & S contact persons as noted during the ESMF preparations and hence will need to formally assign to the PIU). - Assign qualified Environment and Social Focal Persons at the main beneficiary state ministry institutions at regional level expected to implement multiple subprojects (e.g.: dykes. Embankments, small dams, e.t.c). Proposed ESMF Implementation Budget: The total estimated budget costs for mainstreaming environment and social risk management into the CRFM subprojects for the entire five years of project life span of the project is USD 1,075,000. This will consist of: a) USD 200,000 which will be included in the consultants procured to provide ESIA/ESMP for CRFM subprojects involving physical construction. These consultants will be responsible for the work on preparation of ESIA, ESMP, and RAP documents during the five years of project implementation period. b) USD 85,000 for delivery of two training sessions on ESMF , RPF, LMP, GBV/SEA as described in Section 10.2 and another two awareness raising workshop sessions at the start and mid of project implementation period c) USD 240,000 for provision of an Environmental and Social expert in CRFM PIU for the five years duration of the project; d) USD 175,000 to undertake annual external Environmental and Social Performance Audit e) USD 275,000 for Implementation and monitoring of GBV/SEAH action plan for five years f) USD 50,000 for operationalization and running of the GRM system for five years g) USD 50,000 for implementing the stakeholder engagement plan (SEP) The above costs will be funded from the CRFM project. The CRFM PIU Environmental and Social Specialists will report on CRFM ESMF expenditure. X. Environmental and Social Management and Monitoring Plans Based on the identified environmental and social risks listed under section VII above, generic environmental and social management and monitoring tables are prepared. For the purpose of keeping the volume of this ESMF manageable, both the ESMP and E&S monitoring tables are presented in Table 4 and Table 5 in Chapter 7 (Page 127 and 142 respectively) of the present ESMF document. Readers are advised to refer the tables. MWRI Page 22 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component 1. INTRODUCTION South Sudan is a landlocked country that lies between latitudes 3°N and 13° N and longitudes 24°E and 36°E. The country’s territory totals 644,329 km2 and has many plains and plateaus that are drained by the Nile and its numerous tributaries. The Country is endowed with a substantial water resources, mostly from the Nile River (White Nile and Blue Nile), its tributaries and aquifers. South Sudan’s complex hydrology influences flood hazard across the country. Seasonal flooding mainly occurs between July and September, when heavy rains fall in many parts of the country, especially in the eastern region, and in the African Great Lakes region, leading to the flooding of the Nile River tributaries. Extensive seasonal flooding occurs particularly around the Sudd wetlands, along the White Nile and the Machar marshes, along the Sobat River in the Greater Upper Nile region, when many parts of the country are left under water. Flooding is an annual occurrence in South Sudan and causes large swaths of pastureland and cropland to be submerged, resulting in food insecurity. Such flooding also acts as a source of conflict between communities: when pastoralists move their herds, they encounter other communities whose lands have not been flooded without having received proper permission for access, which often results in conflicts as each community tends to protect their pastureland or crops. The proposed Climate Resillient Flood Management (CRFM) project aims to strengthen national and sub-national institutions, to better manage water resources for climate adaptation and support climate resilient flood risk management in select river sub-basins. With a focus on sub-basin level interventions in flood management and establishment of the information and institutional basis for long-term water resources management for climate adaptation, the project complements existing efforts aimed at flood risk mitigation through the Enhancing Community Resilience and Local Governance Project – Phase II (ECRP II) as well as those of other humanitarian and development partners. The project development objective (PDO) of the CRFM project is to improve climate resilient water resources management and enhance resilience to floods in select river basins in South Sudan. The CRFM project will be financed MWRI Page 23 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component by the International Development Association (IDA) with a total grant amount of 50 million USD. The project will be implemented for five years from 2023 to 2028 G.C. This document provides an Environmental and Social Management Framework (ESMF) for the CRFM project. The main objective of the ESMF is to establish an environmental and social management process that meets the National environmental and social requirements (where they exists) and World Bank ESF standards applicable for addressing environmental and social risks of CRFM subprojects. The ESMF sets out the principles, rules, guidelines and procedures to assess the environmental and social risks and impacts of the CRFM. Its purpose is to provide general guidance to project implementing institutions on the application of environmental and social standard requirements and associated procedures that should be accomplished prior to the commencement of the CRFM sub-projects on the ground. The ESMF contains proposed mitigation measures to reduce, mitigate and/or offset adverse risks and impacts as well as broadly indicates the institutions responsible for addressing subproject risks and impacts. The ESMF includes Labor Management Procedures (LMP) as an annex and is complemented by a Stakeholder Engagement Plan (SEP), a Security Risk Assessment (SRA) and a Security Management Plan (SMP), and a Resettlement Policy Framework (RPF). Chapter one outlines of the purpose, objectives and methodologies of the CRFM Project ESMF. Description of the CRFM project and its components are outlined in Chapter two. The next chapter (Chapter.3) broadly sets the environmental and social baseline descriptions, which is followed by review of applicable policies, legislations and World Bank ESS in Chapter four. Whereas the essential procedures and process of the ESMF implementation are presented in chapter five, the environmental and social benefits and adverse risks of the CRFM subproject are presented in chapter six. The subsequent Chapters also outline the Environmental and Social Management Plan on Chapter 7, Grievance Redress Mechanism on Chapter 8, Stakeholder Consultations on chapter 9 and capacity building and training including budget for ESMF implementation on Chapter 10. 1.1 Purpose and objectives of the ESMF The main objective of the Environmental and Social Management Framework (ESMF) is to provide an environmental and social management process for the CRFM Project. Since the MWRI Page 24 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component specific sites for the CRFM subprojects could not be identified prior to appraisal, an ESMF was chosen as the appropriate tool. This ESMF has been prepared consistent with World Bank Environmental and Social Standards (ESS). It outlines an environmental and social screening process, which will enable qualified project personnel to screen sub-projects for site specific potential negative environmental and social impacts. The ESMF is a tool that ensures environmental and social sustainability of the subprojects under the CRFM. The ESMF also provides guidance towards identification and mitigation of potential environmental and social risks and impacts of the CRFM project and enhances positive outcomes including benefits for project beneficiaries and the environment. It also provides measures to project implementing institutions and key regulatory stakeholders to ensure project activities are implemented in an environmentally friendly and sustainable manner as required by the World Bank Environmental and Social Standards (ESSs) and the National Environmental Policies and relevant legislations pertaining to sustainable environmental and social management of sub project activities. To this end, this ESMF has been prepared in compliance with the Bank’s ESS and relevant South Sudan policies and laws on environmental and social assessment. The World Bank ESS require that all Bank-financed operations are screened for potential adverse environmental and social impacts, and that the required environmental and social assessments be carried out based on the screening results. The objectives and purposes of the CRFM project ESMF can be summarized as follows: ➢ To review South Sudan’s environmental policies, legislation, regulatory and institutional frameworks in conjunction with the World Bank’s ESS. Bridge gaps in the context of the proposed project as appropriate; ➢ To establish clear procedures and methodologies for integrating environmental and social issues in planning, review, approval and implementation of subprojects to be financed under the CRFM project; ➢ To carry out stakeholder and community consultations which ensure that all key stakeholders, including potentially affected persons, are aware of the objectives and potential environmental and social risks and impacts of the proposed project, and that their views are incorporated into the project design as appropriate as possible. MWRI Page 25 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component ➢ Assess the current capacity at the National, County, State and/or Payam levels to implement the mitigation measures of the ESMF, and make appropriate recommendations; ➢ Specify appropriate roles and responsibilities, and outline the necessary reporting procedures, for managing and monitoring environmental and social risk management related to the CRFM subproject; ➢ Provide a generic Environmental and Social Management Plan (ESMP) and monitoring mechanisms to ensure that environmental and social risks and impacts will be managed effectively; ➢ Specify appropriate roles and responsibilities of project implementing agencies and government regulatory departments, and outline the necessary reporting procedures, for managing and monitoring environmental and social concerns related to the project subcomponents. 1.2 Justification for the ESMF The ESMF was prepared to ensure that investments under the CRFM project are implemented in accordance with World Bank’s Environmental and Social Standards and GoSS’s National Environmental legislations (based on the status of its existence) which require that investments should be implemented in an environmentally and socially sustainable manner. The ESMF is an instrument that examines the risks and impacts when a project consists of a series of subprojects, and the risks and impacts cannot be determined until the program or subproject details have been identified. The CRFM will implement subprojects, such as the construction and rehabilitation of flood control infrastructure in different parts of South Sudan. However, the specific locations where the project activities will be implemented are yet to be determined and prioritized. Though a national invontory of flood control infrastractures is being conducted, the location of proposed subprojects to be financed by the CRFM project are yet to be prioritized and determined. The selection of target areas for subprojects will be guided by the following principles: (i) eligibility of infrastructure for rehabilitation as identified through the rapid assessment and screening; (ii) accessibility and security (iii) vulnerability (level of exposure to flood risk); (iv) potential for positive MWRI Page 26 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component downstream impact on communities, livelihoods, and ecosystems; (v) inclusive (e.g., opportunities to involve youth). The project activities will be implemented under different environmental conditions. According to the World Bank ESF, projects supported by the Bank through IPF are required to meet the nine Environmental and Social Standards outlined in the new ESF. The importance of this ESMF, therefore, emanates from the need to fulfill both the World Bank ESSs and national environmental requirements throughout the process of CRFM project design and implementation. Hence, as part of the project preparation, the Ministry of Water and Irrigation prepared this ESMF, which will serve as a basis for management of any potential environmental and social risks and impacts originating from the subproject activities. 1.3 Potential Users of the ESMF This ESMF has been prepared for use by the project implementing agencies, which are mainly Ministry of Water Resources and Irrigation (MWRI) as well as other entities to be involved in the planning, implementation and management of the proposed subprojects of the CRFM project. As such, the ESMF will be useful to the following stakeholders: ➢ Project financier (IDA); ➢ Ministry of Water Resources and Irrigation (MWRI) ➢ Ministry of Agriculture and Food Security ➢ National Ministry of Environment and Forest and state level branch offices ➢ Implementing Partners (e.g. UN agencies) ➢ Stakeholders and beneficiary local communities ➢ National and County Environment and Forestry Offices ➢ Contractors and Consultants 1.4 Methodology The methodology adopted for preparing the ESMF includes conventional methods which are briefly discussed below. a. Review of relevant legislations, policies and other documents MWRI Page 27 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component Relevant literature was reviewed for the ESMF preparation: ➢ Existing national policies and legal documents, regulations and guidelines on environmental management; ➢ Existing ESMFs for similar World Bank projects such as the ECRP-II, EFNSP, IDRMP and AMVAT (AfDB) ESMFs; ➢ Environmental and Social Review Summary report (ESRS) ➢ World Bank /IFC EHS guidance materials and ➢ World Bank Environmental and Social policies for IPF projects as outlined in the Environmental and Social Framework. ➢ World Bank Environmental and Social Framework (2018) b. Data Collection and Analysis Secondary data was collected, analyzed and applied to compile the environmental and social baseline of the ESMF. Secondary data mainly from the ECRP-II and EFNSP ESMFs was adopted and applied to compile the environmental and social baseline as well as legal and institutional frameworks of the present ESMF. In addition, qualitative approaches were also used to collect additional data from relevant bodies. c. Consultation with project implementers and stakeholders As part of the ESMF preparation process consultations with stakeholders involved in project implementation and regulatory functions were conducted on October 25, 2022. A COVID-19 appropriate virtual consultative meeting was held with representatives of the project implementing and regulatory institutions such as MWRI, MoLSF, MoEF, MoLHRD and other World Bank project development team members and task team leaders via Webex. The consultations were focused on providing information and receiving the concerns and opinions of the participants regarding the overall CRFM objectives, its main components for which the ESMF was prepared. The consultations were also carried out to obtain their input in the identification of environmental and social impacts of the CRFM project and design of mitigation measures. Key stakeholders consulted included representatives from: MWRI Page 28 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component ➢ Relevant Departments at MWRI ➢ Ministry of Environment and Forestry (MoEF) ➢ Ministry of Livestock and Fisheries (MoLF) ➢ Ministry of Labor and Human Resource Development (MoLHRD) (Department of Occupational Health and Safety, OHS) ➢ Ministry of Gender, Child and Social Welfare (MoGCSW) (Department of Youth, Children and Women). ➢ Ministry of Energy and Dams (MoED) ➢ Ministry of Housing, Land and Urban Utility (MHLUU) Further stakeholder consultations were held from 3-4 November with sub-national entities, focusing on questions around project design, current needs and potential environmental and social risks. MWRI Page 29 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component 2. DESCRIPTION of the PROJECT The proposed RCRP SOP is designed as a flexible, adaptive program that can be tailored to meet country specific needs, geared towards achieving a regional goal. It consists of four main pillars, aligned to the four drivers of climate fragility and vulnerability described previously. The four pillars are (i) Climate Risk and Financing; (ii) Infrastructure investments for climate resilience; (iii) Climate Resilient Asset Management; and (iv) Adaptive Social Protection for Resilient Communities. A fifth pillar includes Project Management. A proposed menu of possible interventions to be financed under each pillar is described in the next section. Each participating country (and regional organization) under the series can select the relevant pillar(s) and the specific activities for financing under each operation. This design allows for a flexible platform to address their specific needs and contribute towards the common regional objectives. Each country does not have to include all four pillars. The Program also proposes a progressive approach, whereby countries that join the program can build up their readiness to transformational investments through a first operation under the SOP, including structures for adequate maintenance, and then move to larger scale infrastructure to catalyze transformational change, in the following operation. The Program is designed to catalyze systems change across select sectors to avoid the business-as-usual model of financing individual investments without built-in sustainability. This will be achieved through learning-by doing, and through the adoption of a whole of government approach. Across the four pillars, the program will finance interventions at two levels, working iteratively: (i) Interventions (i.e., technical assistance, equipment, training) at system level to strengthen how governments mainstream climate change in their operations (regardless of the source of financing) from data information systems and climate services, to planning, maintaining, operating infrastructure, and design targeting for social protection programs. For this, a rapid diagnostic to identify gaps and opportunities for standardized mainstreaming of MWRI Page 30 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component climate considerations into selected sectors will be carried out for each participating country during preparation of each operation under the series. This will help inform the choice of activities to be financed. The overall objective of this exercise is to assist the region to achieve higher standards for mainstreaming climate change, and to improve climate services and increase access to climate finance (including from other sources of financing). Doing it at the regional level will also create opportunities for standarization and for learning from peers. (ii) High return investments to increase preparedness to climate shocks and to incentivise system’s change. The identification and financing of these catalytic, high demand investments will serve as a key entry-point for system’s change. Description of the Pillars and the Menu of Options of the RCRP Pillar I. Climate Risk and Financing. Strengthening resilience in AFE requires policies and programs that reinforce regional and national governance, and improve readiness for accessing climate and disasters funds. This pillar will promote multisectoral climate governance and crowd-in climate financing, through the strengthening of Africa’s institutional capacity and voice on climate. It will include creating regional and country-based platform for climate advocacy and financing; supporting deliberate outreach, round-tables; standardizing climate services and Measurement, Reporting, and Verification (MRV) to measure the amount of greenhouse gas (GHG) emissions, sinks and removals for key climate smart systems, including cities and watersheds. MRV is the key to unlocking climate finance and showing progress on climate goals. It will also explore a diversified array of risk financing instruments, scale-up of current regional and national risk financing mechanisms, as well as development of innovative solutions where gaps exist . The selection and combination of instruments will be designed according with the country context and the particular type of disaster they are affected by. This pillar will also include a TA for accessing climate finance or Global Public Goods Funds, for example for the protection of wetlands and rangeland conservation. Finally, this sub-pillar will promote improved regional and national capacity to deliver reliable information services on climate risk and strengthen hydromet services and early warning systems. Pillar II. Infrastructure Investments for Climate Resilience. Strengthening resilience in AFE requires closing the gap on access to critical infrastructure for climate resilience and basic service delivery. Moreover, it requires a shift to integrated water resource management for long-term sustainable approaches to water and disasters risk management. This pillar will (i) strengthen the institutional capacity of countries to effectively manage flood and drought risks at watershed and urban levels, including foundational PIR support (Policies, Regulations, institutions), such as improving water resources monitoring systems, water resources/flood management/spatial planning, climate resilient public investment management (PIM), MWRI Page 31 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component watershed management, and development control, and capacity building; and (ii) prioritize and build appropriate green and grey protective assets and multipurpose storage (including selective large-scale dams) at watershed and urban levels (with transboundary benefits). Pillar III. Climate Resilient Asset Management. A critical part of strengthening resilience in AFE is ensuring the proper maintenance to ensure the sustainability of protective infrastructure assets. Public infrastructure such as water storage and dikes, that are often fundamental for flood management and economic development of low-laying valleys, are frequently neglected in terms of maintenance. Such type of public infrastructure follows often a build-neglect-rehabilitate cycle without proper allocation for maintenance. This pillar will explore options for setting up maintenance funds based on the subsidiary principle to ensure proper maintenance at the lowest possible level, and improving Public Asset Management and overall financial flows to address climate risks. Moreover, it will finance the rehabilitation of critical protective assets (dams, dykes), and the retrofitting of urban infrastructure. Pillar IV. Adaptive Social Protection for Resilient Communities. Strengthening social and human capital resilience to climate change in AFE will include strengthening social protection policy design, operational and budgetary planning to enhance readiness to respond to extreme climate events and mitigate human capital losses, and reduce household and community vulnerability to promote climate-resilient livelihoods. This pillar will invest in supporting social protection systems to mainstream climate change through better identification and targeting of climate-vulnerable population groups, enhancing climate- content of social protection programs, learning effective and efficient service delivery mechanisms, and expand climate resilient economic inclusion opportunities. Although these core social protection functions have improved in the last decade in AFE countries, their alignment with Government-wide climate change policies has been lagging despite the strong role of social protection in emergency response. Pillar V. Project Management. This pillar will focus on all aspects of project management including equipment and materials, compliance with fiduciary, procurement, and safeguards (environmental and social) requirements, M&E and impact assessment, knowledge management and communication. At the national level, the activities will be performed by Project Implementation Units (PIUs). The first Operation under a SOP (this 'Project') This first Operation under the SOP will include Comoros, Madagascar, Mozambique, South Sudan, and the regional organisation Southern Africa Development Community (SADC). It will focus on establishing the foundations for subsequent investments aimed at increasing MWRI Page 32 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component climate shock resilience in participating countries, which will then be financed in the subsequent phases of the Program. Activities are organized around the four pillars presented above, although the menu of chosen activities at country level will be slightly different to target their specific needs and complementarities with the ongoing portfolio. For the most part, they are focused on the provision of technical assistance and studies for selective protective and storage infrastructure, including large storage (feasibility studies, ESIA, and bidding documents). The only other activities in this operation include the construction and rehabilitation of flood risk management investments in South Sudan (including investments in flood protection structures, community water storage, flood harvesting structures, and integrated watershed management in support of flood-based livelihoods - whose number and location is yet to be decided), and the construction/rehabilitation of hydromet stations in all participating countries. 2.4 Project Implementation arrangements The Ministry of Water Resources and Irrigation (MWRI) is the main implementing agency for the CRFM Project. It is nationally mandated for water resource management and water service delivery functions. While MWRI is an umbrella ministry for the water sector, several other line ministries and actors at the state and county level are involved in water resources management and service delivery, including the Ministry of Lands, Housing and Urban Development (MLHUD), Ministry of Energy and Dams, Ministry of Environment and Forestry (MoEF) and Ministry of Humanitarian Affairs and Disaster Management (MHADM). A Water Council has been proposed to improve coordination among the horizontal ministries but is not yet established. The CRFM project will establish a project implementing unit (PIU) at MWRI, which will include all main project management functions and will be supported by technical, engineering design and other consultants (figure-2). This approach will provide the opportunity to strengthen MWRI capacity in core project management functions (financial management, procurement, E&S risk management, and Monitoring & Evaluation -M&E), and in Water Resource Management (WRM) and Flood Risk Management (FRM). Certain project activities, mainly works, may be contracted by the PIU using an output agreement with a UN agency or other arrangement. MWRI Page 33 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component The project will leverage the existing Water Sector Steering Committee, chaired by MWRI’s undersecretary, with broad membership across other ministries, and will establish a National Project Technical Working Group, to provide guidance and oversight. The Project Technical working group will comprise technical staff from national and state-level ministries involved in the project. The level at which sub-national project implementation is established will be decided. This implementation arrangement is expected to enable the delivery of this project and other pipeline operations in the sector, namely the Horn of Africa Groundwater for Resilience (GW4R) Project. Figure 1: Showing CRFM project implementation arrangement Source: CRFM project concept note, World Bank (June, 2022) MWRI Page 34 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component 2.5 Project exclusion criteria In light of achieving the objectives of the CRFM project, the following criteria would be applied to exclude subprojects from financing by Component 2. These are: ➢ Construction of flood control infrastructures in environmentally sensitive areas such as National Parks, fragile ecosystems, and wildlife reserve. ➢ Subprojects causing significant conversion or degradation of critical natural habitats or critical cultural heritage sites; ➢ Activities that may cause long term, permanent and/or irreversible (e.g. loss of major natural habitat) impacts. ➢ Activities that may have significant adverse social impacts and/or may give rise to significant social conflict. ➢ Land acquisition and/or resettlement of a scale or nature that will have significant adverse impacts on affected people, or the use of forced evictions; ➢ Activities that involve the use of forced or child labor; 3. ENVIRONMENTAL AND SOCIAL CONTEXT AND BASELINE CONDITIONS. This chapter presents the environmental and social baseline compiled for the country from a literature review. The sections describe key environmental and social features as they are relevant for project activities of the country as the project activities shall be carried out over a broad area. 3.1 Overview of biophysical baseline 3.1.1 Geography and Location South Sudan is a landlocked country that lies between latitudes 3°N and 13° N and longitudes 24°E and 36°E. It falls almost entirely (96 per cent) within the Nile River Basin in East-Central Africa. It is bordered to the north by Sudan, by Ethiopia and Kenya to the east, Uganda and the Democratic Republic of the Congo (DRC) to the south and in the west by the Central African Republic. The country covers an area of 619,745 km² and is divided into 30 Counties. The country is dissected into two by the White Nile that runs from the south of the country to the north. MWRI Page 35 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component Physiographically, South Sudan is predominated by expansive flood plains and the Sudd wetlands, associated with the River Nile and its tributaries. The major geographical features are the White Nile, which dominates the center of the country and forms the vast Sudd Swamp, one of the largest wetlands in the world. The Sudd Swamp covers an area ranging between 45,000 km 2 during the driest periods and 100,000 km2 during the wettest periods. As such the Sudd covers an area of more than 15 per cent of the land size of South Sudan (State of the Environment Report, 2018). Southern highlands are found at the border with Uganda and Kenya. The highest point in South Sudan is Kinyeti at 10,456 feet (3,187 m) and it is located on its far southern border with Uganda. The Ethiopian Highlands extend to South Sudan’s border in the eastern part of the country while the River Congo Basin Highlands are found partly on the southern and southwestern parts of the country. 3.1.2 Climate The climate of South Sudan is characteristically hot and dry with seasonal rains that are significantly influenced by the migration of the Inter-Tropical Convergence Zone (ITCZ). There lies a green belt zone in the southernmost part of the country near the border with the Democratic Republic of Congo (DRC), which receives up to 2500 millimeters of rain. A reasonable proportion of the country receives rainfall of 800 mm – 2,000 mm per annum. The marginal regions of the country (parts of the east and in the northern parts) receive rainfall of between 300 mm and 700mm per annum. Temperatures range between 25 oC and 45 oC. 3.2 Natural Resources 3.2.1 Soils The country's soils can be divided geographically into two categories. These are the clay soils of the central region, and the laterite soils of the south. Less extensive and widely separated, but of major economic importance the third group consists of alluvial soils found along the lower reaches of the White Nile and Blue Nile rivers. Agriculturally, the most important soils are the clays in central South known as cracking soils because of the practice of allowing them to dry out and crack during the dry months to restore their permeability; they are used for irrigated cultivation. MWRI Page 36 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component Bor County has three main soil types. The black cotton, clay and loam soils. Sandy soil characteristics are found across the County reflecting a combination of the influence of the River Nile and Toch (swamps) flood plains as well evidence of centuries of utilization for crop production and animal grazing. Different parts of the county show concentrations of the main soil types. For instance, clay soil is predominantly found on the eastern side of the county from the South up to Jalle, sandy and loam soils are found mostly along the western side of the county along the River Nile and the Toch (swamps). Sandy soils are also found in the western parts of Kolnyang, Anyidi and Makuach Payams. 3.2.2 Hydrology: Water resources and wetlands The Nile and its main tributary, the White Nile (Al Bahr ElAbyad), drain South Sudan. The White Nile flows north from central Africa, draining Lake Victoria and the highland regions of Uganda, Rwanda, and Burundi. At Bor, the great swamp of the Nile, known as Sudd begins. The River has no well-defined channel here; the water flows slowly through a labyrinth of small spillways and lakes choked with papyrus and reeds. Although the drainage area is extensive, evaporation takes most of the water from the slow moving 38 streams in this region, and the discharge of the Bahr al Ghazal into the White Nile is minimal. In southeast, the Sobat River drains an area of western Ethiopia and the hills near the South Sudan-Uganda border. The Sobat's discharge is considerable; at its confluence with the White Nile just south of Malakal, the Sobat accounts for half the White Nile's water. About 7 per cent of South Sudan is covered by vast expanses of tropical freshwater wetlands that occur at the confluence of the White Nile’s main tributaries. They have a significant influence on the Nile’s hydrologic regime, storing and releasing water, retaining suspended solids, decreasing dissolved oxygen concentrations, increasing acidity and dissolved carbon dioxide concentrations, reducing sulphate concentrations, increasing total dissolved solids concentrations and losing water to evapotranspiration.2 The Sudd, an inland delta of the White Nile, is the country’s largest wetland, covering about 5 per cent of the country’s land area. It is made up of lakes, swamps, marshes and extensive 2 NBI, 2012 MWRI Page 37 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component flood plains. It includes the Bahr el Jebel swamps, the Bahr el Ghazal swamps, the wetlands at the Baro-Pibor-Akobo confluence and the Machar marshes.3 In 2016, South Sudan’s Ministry of Environment and Forestry reported that over the past two decades, water flow in a number of previously perennial rivers along the border with the Central African Republic had become seasonal. One of the main ecological impacts of decreased water flow is river siltation. A large part of the sediment created in the White Nile headwaters becomes confined in the Equatorial Lakes, held in the Sudd marshes or deposited along the river course downstream of the Sudd; thus, over its low-gradient course, the Nile’s flow is very sluggish.4 Other impacts include the congestion of irrigation channels, water- table declines, receding wetland areas and the loss of vegetation due to the lack of water. In turn, the loss of ecosystem goods and services is having adverse effects on the livelihoods of people who depend on wetlands within South Sudan.5 It is thought that large areas of South Sudan are underlain by rich aquifers that are recharged by seasonal rainfall and river flooding, with some of these underground water reservoirs extending across inter- national boundaries. There is little information on the distribution and hydrology of these under-ground waters, or about the rates of water extraction and the impacts of human activities, such as potential over-abstraction and pollution.6 For three consecutive years, since 2019, South Sudan has been experiencing severe flooding. In November 2021, 800,000 people had been affected by the flooding across 10 states since May 2021.7 Mainly affected were Jonglei and Unity States. Jonglei is the worst affected with 278,000 people, followed by Unity with 208,000 people. Other people were affected in Upper Nile, northern Bahr el Ghazal, Lakes, Warrap, Western Bahr el Ghazal and Central 3 NBI, 2012. 4 NBI, 2012. 5 MOE, 2016. 6 MWRI, 2007. 7 OCHA, Situation Report, South Sudan Floods: The Cost of Inaction as of November 2021, accessed at: https://reliefweb.int/report/south-sudan/south-sudan-floods-cost-inaction-november-2021 MWRI Page 38 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component Equatoria.8 In Jonglei State the wetlands and tributaries of the White Nile overflowed as seasonal rains arrived earlier than usual. The earlier rains resulted in the Nile river, Sudd wetlands, the Lol and Sobat rivers to overflow, flooding vast areas of land and settlements. The floods have been impacting livelihoods, schools, health facilities and private houses. Community members have moved to higher grounds without new houses being constructed in the new sites.9 According to OCHA, the humanitarian response is ongoing, but it is inadequate in meeting the diverse needs of the affected communities.10 Figure 2: Showing the main hydrological units of South Sudan 8 OCHA, Situation Report, 12 November 2021, South Sudan Flooding Situation Report: Inter-Clustr Coordination Groups as of 12 November 2021, accessed at https://reliefweb.int/report/south-sudan/south-sudan-flooding- situation-report-inter-cluster-coordination-group-12 9 IFRC, Emergency Appeal, South Sudan, Africa / 2021 Floods, accessed at: https://reliefweb.int/sites/reliefweb.int/files/resources/MDRSS010ea.pdf 10 OCHA and WFP, 4 November 2021, accessed at: https://reliefweb.int/report/south-sudan/south-sudan- flooding-snapshot-4-november-2021 MWRI Page 39 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component Source: World Bank using Nile Basin Initiative data. 3.2.3 Ecology, Biodiversity, National Parks and Protected Areas South Sudan is divided into several ecological zones; the rainforest, savannah woodland, flood plains, swamp and semi-desert. The Country’s remarkable biodiversity is of global significance – the Sudd swamp is one of the world’s largest tropical wetlands and the country is home to one of the planet’s greatest circular wildlife migrations. South Sudan’s wide range of habitats supports a very rich diversity of both animal and plant species. However, the variety and number of different species is unknown. A glimpse of the richness of species is provided in a 2015 study by biologists who took 105,000 motion-controlled photos in an area of about 7,770 km2 of dense forest in former Western Equatoria State. They found a total of 37 species, including four species never documented before in South Sudan: the African golden cat (Caracal aurata), water chevrotain (Hyemoschus aquaticus), red river hogs (Potamochoerus porcus), and giant pangolin (Manis gigantea). It also captured chimpanzees, MWRI Page 40 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component bongos, leopard, forest buffalo, honey badger and the rare forest elephant. 11 Forest elephants (Loxodonta cyclotis) are smaller than savannah elephants and tend to inhabit densely wooded rain forests. They play a crucial role in the ecosystem because they are voracious fruit eaters whose dung spreads tropical fruit tree seeds extensively. Numbers have declined dramatically over the last two decades however, primarily due to ivory poaching for international wildlife trafficking, and the species is critically endangered. Their presence in Western Equatoria is far to the north and east of forest elephants' previously known range.12 The IUCN Red List of Threatened Species for South Sudan lists 4 critically endangered species and 11 endangered species. The hooded vulture (Necrosyrtes monachus), Rüppell’s griffon (Gyps rueppellii), white-backed vulture (Gyps africanus) and white-headed vulture (Trigonoceps occipitalis) are all critically endangered. Endangered species include three mammals: The Cape hunting dog (Lycaonpictus), common chimpanzee (Pan troglodytes) and the Nile lechwe (Kobus megaceros); six birds: Basra reed warbler (Acrocephalus griseldis), Egyptian eagle (Neophronpercnopterus), lappet-faced vulture (Torgostracheliotos), Natal thrush (Geokichla guttata), Saker falcon (Falco cherrug) and Steppe eagle (Aquila nipalensis). Two plants, Aloe erensii and Aloe macleayi, while currently not threatened, are restricted to South Sudan (IUCN, 2016). The protected areas in South Sudan are shown in figure 4. 11 Howard, 2015; Patinkin, 2015. 12 Patinkin, 2015. MWRI Page 41 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component Figure 3: Showing protected areas of South Sudan 3.2.4 Flora The total area of forest cover in South Sudan is thought to be almost 20,000,000 ha, which represents about 30 per cent of the country’s total land area. Of this total, gazetted forest reserves account for 3.1 per cent and plantation forests represent 0.1 per cent. Plantations consist mostly of teak forests thought to be the oldest such forests in Africa and the largest plantations of its kind in the world. Acacia plantations for Gum Arabic are also important. Vegetation density is determined by the amount of rainfall. The southwestern part of the country has denser vegetation due to higher rainfall with the tropical rainforest kind of conditions. A greater proportion of the country comprises wooded grassland or the Savannah kind of vegetation. Drier areas are covered by bushed grassland. South Sudan’s forests are in danger of disappearing; the annual deforestation rate is likely between 1.5 and 2 per cent. The main drivers and pressures are population growth and the increased demand for fuel wood and charcoal, the conversion of forests to urban areas and uncontrolled fires and timber harvesting. This has led to the degradation or deforestation of parts of the country’s natural forest areas and woodlands, localized soil erosion, biodiversity MWRI Page 42 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component loss and altered hydrological and nutrient cycles. Generally, land degradation in South Sudan shows that 4.32 per cent out of the country’s land was degraded.13 3.3 Climate Change, Disaster and Vulnerability Land Use, Land Use Change and Forestry (LULUCF) constitute the major source of emissions. There is extensive burning of the savannah during land preparation. The main GHGs emitted may include carbon dioxide and nitrous oxides. Because the greater proportion of the population depends on vegetation biomass for their energy supply, forest degradation could be another source of GHG emissions. As indicated in South Sudan’s Intended Nationally Determined Contributions (INDC), there are no well determined data as regards GHG emissions in the country. However, like most African countries, South Sudan contributes little in terms of GHG emissions globally, but is highly vulnerable to the impacts of climate change – principally rising temperatures and increased variability of rainfall. South Sudan is susceptible to natural hazards, especially drought and floods but climate change is exacerbating their intensity, frequency and duration. In addition, multiple socioeconomic stressors, including the ongoing conflict, poverty, famine and economic and political instability, create a state of extreme fragility and vulnerability to the impacts of these natural hazards. Given the population’s dependence on seasonal rains to support their livelihoods, the severe disruption of rainfall patterns combined with increased vulnerability will jeopardize the capacity of huge numbers of people to sustain themselves, a situation that is already occurring in several parts of the country. Floods and droughts have always been a part of life in South Sudan and people have developed strategies to cope with them. However, anthropogenic global warming is contributing to increased climate changes at present. The changes will bring forth frequent extreme rainfall and flooding, and long-term stressors, including the gradual increases in temperature and changes to seasonal precipitation patters. These stresses have already had 13 Republic of South Sudan, Land Degradation Neutrality Target Setting. Final Report, March 2020. MWRI Page 43 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component increased impacts on the socio-economic health of South Sudan, including through loss of pasture and livestock, reduction of critical habitats, and reduction in river flows.14 3.4 Overview of Social Baseline 3.4.1. People and Population Dynamics 3.4.1.1 Demography As of 2020, South Sudan has a total population of 11,193,729. Of these, 49.9 per cent of the population is female, and 50 per cent is male. South Sudan also has an extremely young population, with 73 per cent of the population aged under 30.15 The total labor force consists of 4,581,565 people. International migrants number 824,122.16 South Sudan consists of a broad variety of ethno-linguistic groups. Those entail three sub categories of speakers of the Nilo-Saharan language family: speakers of West Nilotic languages (Dinka, Nuer, Atuot); speakers of Western Nilotic / Luo languages (Shilluk, Annual, Maban in Upper Nile and Ethiopian borderlands; Acholi in Eastern Equatoria; and Jur-Luo in Western Bahr el-Ghazal); and speakers of Eastern Nilotic languages (Eastern and Central Equatoria: Bari, Lotuho and Teso). Furthermore, there are speakers of the Niger- Congo language family, including the Zande in Western Equatoria.17 3.4.1.2 Social Structure South Sudan is a socio-culturally, politically and economically very diverse country, which makes it difficult to make generalized statements about the whole country. For pastoralists, such as the Nilotic Dinka, Nuer and Atuot the search for pasture shapes most of their socio-cultural life. They may migrate from homesteads on high grounds in the wet season to mobile cattle camps on the dried-out swamps in the dry season. Closely linked to 14 Republic of South Sudan, First National Adaptation Plan for Climate Change, Juba, 2021, p.13 15 Office of the Secretary-General’s Envoy on Youth, UN Secretary-General’s Envoy on youth visits South Sudan, accessed at: https://www.un.org/youthenvoy/2020/02/un-secretary-generals-envoy-on-youth-visits-south- sudan/ 16 The World Bank, accessed at: https://data.worldbank.org/indicator/SP.POP.DPND?locations=SS 17 Joseph H. Greenberg (ed), Universals of Human Language, Cambridge Mass. MIT Press, 1963 MWRI Page 44 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component this lifestyle is a social structure, which gives preference to an ‘acephalous’ (‘headless’) socio- political organization rather than a central authority. Similarly, systems of exchange are based on social connections established through marriage rather than open markets.18 Farming communities, on the other hand, present a settled lifestyle. This usually goes along with central authority and/or hierarchical leadership structure, such as kingdoms or provincial chiefs (the latter were often instated by foreign rulers). For example, early accounts of the Zande kingdom around Yambio showed state-like elements, such as tribute paying, taxation or the death penalty. Both, the Shilluk and Anuak (Luo speakers) had systems of sacral kingship, which differed from the secular authoritarianism of the Zande state. In many cases ‘traditional’ authorities were invented or established by outsiders in order to act as intermediaries for taxation, labor mobilization, and other forms of coercion. This was especially instrumental vis-à-vis the acephalous societies, as they were otherwise difficult to engage with or to rule over. Alongside these instated authorities existed other and older forms of authorities, which were based on local concepts of origin, power and authority.19 Many of the different forms of social structures in South Sudan are therefore based on the kinship concepts of a ‘segment’ or a lineage. Wealth is still a major marker in the social strata and the size of cattle herds – among the pastoralist societies - is a significant indicator for wealth. Sub-Saharan African Historically Underserved Traditional Local Communities (SSAHUTC): Most of the communities meet the criteria of SSAHUTC, as they have distinct identities and aspirations and are often disadvantaged by traditional models of development. South Sudan consists of a broad variety of ethno-linguistic groups. Those entail three sub categories of speakers of the Nilo-Saharan language family: speakers of West Nilotic languages (Dinka, Nuer, Atuot); speakers of Western Nilotic / Luo languages (Shilluk, Annual, Maban in Upper Nile and Ethiopian borderlands; Acholi in Eastern Equatoria; and Jur-Luo in Western Bahr el- Ghazal); and speakers of Eastern Nilotic languages (Eastern and Central Equatoria: Bari, 18 Naomi Pendle, Marco Pfister, Martina Satschi, Mareike Schomerus, Danielle Stein, Eddie Thomas, Craig Valters, Local Socio-Political Organization and Implications for Community-Driven Development in South Sudan An Analysis of Existing Literature, prepared for the World Bank, unpublished, 2012, p. 14. 19 Pendle et al, 2012, p. 15. MWRI Page 45 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component Lotuho and Teso). Furthermore, there are speakers of the Niger-Congo language family, including the Zande in Western Equatoria.20 3.4.1.3 Formal and Informal Governance Structures After a general agreement in the 2005 Comprehensive Peace Agreement (CPA) that governance in South Sudan needs to be decentralized, the 2009 Local Government Act decentralized and devolved decision-making powers from the national level to the states, to county and sub-county (payam) levels and to bomas. County commissioners and county legislative councils are elected representatives. In 2015 the national government decided to form an additional 18 states to the existing 10 states. It added another 4 States in 2017, making it a total of 32, from an initial number of 10 at the signing of the CPA (2005) and independence (2011). Traditional authorities, in their various forms, have been integrated into local governance structures in order to improve service delivery, access to justice and eradicate poverty. The Local Governance Act deals with the distribution of powers between county, payam and traditional leaders. Chiefs can be elected conventionally or according to traditional practice. However, in addition to the fact that many traditional authorities historically had been appointed and empowered by outside sources, their power was further eroded in the recent civil war. Massive displacement of populations saw new chiefs emerging, factions of the conflict appointed their own chiefs, and existing traditional chiefs often had to side with the dominant political and militant groups in a given area. 21 Other organizations outside of the government structures exist. These associations can include women’s groups, youth or ethnicity-based urban groups, providing support systems for rural – urban migrants. However, especially youth groups can also turn into militant organizations at times. Town politicians can mobilize rural constituencies around ethnicities of clan lines for 20 Joseph H. Greenberg (ed), Universals of Human Language, Cambridge Mass. MIT Press, 1963 21 Iffat Idris, Local governance in South Sudan: an overview, K4D Helpdesk Report, November 2017, p.3 MWRI Page 46 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component support.22 This is repeated at the national level, where there are general fears of domination of Dinka and Nuer influence in government. IOM conducted a series of consultations in preparation for the ECRP-I. Results showed that in some cases local governments are overburdened with their tasks. They receive little support from the center, especially as there is no devolution of resources from the state to the local level. The lack of resources from the center means that local governments have to help themselves through taxation: ‘Formal institutions associated with the state have continued to govern based on extraction, unable to deliver the services that populations… so desperately need’.23 Instead of accountability, governments have generally prioritized security. This has resulted in a division where development partners deliver services, and the governments deliver security. Humanitarian partners, in turn, face a perception of bias if they serve particular areas over others. People interpret the contours of aid delivery as favoring one side over the other. On the other hand, the military factions thereby have experience in manipulating aid flows.24 3.4.2 Socioeconomic Environment 3.4.2.1 Economic Situation (Outlook and Macroeconomic Performance) According to the World Bank, the country’s economy depends on crude oil, which accounts for 90 per cent of government revenue and 60 per cent of GDP. The crude oil made up 95 per cent of total exports from South Sudan in 2016. Oil production is considered the key for economic growth in the short and medium term.25 Exports of goods and services otherwise declined to 61.1 per cent of GDP in 2017, from 66.3 in 2016. A World Bank economic brief estimates that the economy contracted by 3.5 percent during 2018 due to mismanagement and conflict. Due to conflict and economic shocks, the economy had negative GDP growth for five of the past seven years. Inflation has left food prices high. 22 Pendle et al, 2012, p. 25 23 IOM, Case Study Wau, unpublished, 2019 24 IOM, Case Study Rubkona, unpublished, 2019. 25 The World Bank, South Sudan. Economic Brief, April 2019, p. 3. MWRI Page 47 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component Covid-19 has severely affected the country’s economy, as it impacts economic growth and development, while further driving vulnerabilities. In December 2021, 12,873 cases of coronavirus have been recorded in South Sudan, as well as 133 deaths. 26 Increased incidents in security and the Covid-19 containment measures have put additional strain on the already weak healthcare system in the country. Furthermore, jobs have been lost due to Covid-19, especially in the non-farming self-employment sector. This has come along with a loss of revenue and income.27 3.4.2.2 Agriculture and Livestock The country's economy is also dependent on agriculture, accounting for one-third of GDP in 2009. The agriculture sector provides the main source of livelihood to the people and there is a tremendous potential to expand to a commercial scale since about 90 per cent of its total area is considered suitable for agriculture, 50 per cent of which is prime agricultural land. Agriculture in South Sudan is predominantly rain-fed. It is characterized by small, hand- cultivating household units belonging to larger family aggregations practicing different combinations of rain-fed agriculture, livestock grazing and pastoralism, wild food harvesting and fishing.28 About 81 per cent of house-holds cultivate land, 74 per cent own livestock and 22 per cent engage in fishing.29 There is an estimated total of 38 million livestock in the country, compared to its human population of 12.3 million. Soil and climatic conditions allow for a wide variety of food and cash crops. The nature of crop production varies according to different agro-ecological zones of the country. The Green Belt Zone is the main high potential region for crop production, with the highest levels of rainfall. Generally, mixed cultivation takes place in the Green Belt, and livestock rearing and extensive cultivation are practiced in the Iron- stone Plateau and semi-arid zones.30 Main crops include maize, sorghum, finger millet, cassava, sweet potato, and groundnuts. Soybean 26 Worldometer Covid-19, South Sudan, accessed at: https://www.worldometers.info/coronavirus/country/south-sudan/ 27 The World Bank, July 2021, p. vi-vii. 28 MOAF, 2013; EU, 2016. 29 RSS, 2015. 30 EU, 2016. MWRI Page 48 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component and cowpeas are common but relatively new crops, introduced to a large extent by emergency seed support interventions. Although agriculture is the back-bone of the subsistence economy of South Sudan31 production is very low. 3.4.2.3 Livelihoods, Labor and Employment Livelihoods in South Sudan are largely influenced by the ecology of a region. For example, the Sud swamps and southern clay plains with their water-logged soils of the flood region of the Upper Nile and the eastern Bahr el-Ghazal are better for cattle herding rather than farming. Farming, on the other hand, is a prominent lifestyle in the waterlogged territory of the Nile’s west bank, the Congo-Nile watershed and the forests of the border to the Democratic Republic of Congo (DRC). Livelihoods in South Sudan have therefore been relying on agricultural production, cattle rearing, fishing, gathering of wild foods as well as trade. Cattle have particular economic and cultural significance among some specific groups. Figure 4: Livelihood zones in South Sudan 31 BRACED, 2016, MWRI Page 49 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component The livelihood system in South Sudan is predominately subsistence small-holder agriculture, among which about 12-15 per cent of the population depends on fishing for their livelihoods.32 Livestock production also provides an important livelihood base for large groups of people but is hampered by disease and environmental degradation. Localized conflict is often driven by politics, control of livestock and cycles of retribution rather than competition over land and water resources, as one research by the Secure Livelihood Research Consortium claims. The research shows that attempts to link livelihoods to peace building were based on incomplete analysis, and livelihoods reconstruction should be based on more contextual analysis.33 It is key to better understand the links between conflicts and livelihood before engaging in programming in a particular local context. While there are plenty of natural resources, grazing land, water, timber and oil, South Sudan is one of the poorest and least developed countries in the world. Conflict has constrained food production, trade and access to markets. Livelihoods have been largely destroyed in years of conflict.34 There had been a key assumption that after the civil war recovery would take off. However, this did not happen and the outbreak of renewed armed conflict in 2013 and continued local level conflicts prevented any growth. Livelihoods have further been determined by rapid urbanization, especially by youth and returnees; by influx of foreign workers looking for economic opportunities; and the limited capacity of major demands placed on the government.35 Employment opportunities both in the public and private sector are few but are increasing due to urbanization. Employment in South Sudan is underpinned by low-productivity, unpaid work in the agricultural sector, with informal employment as the main source of income. Petty trading also provides a source of income for many households in the rural towns and around market centers. 32 UNDP, 2012 33 Secure Livelihoods Research Consortium, Livelihoods and conflict in South Sudan, October 2016, p. 1. 34 The World Bank, South Sudan, Economic Brief, April 2019, p.3. 35 Daniel Maxwell, Kirsten Gelsdorf and Martina Santschi, Livelihoods, basic services and social protection in South Sudan, Feinstein International Center, July 2012, p. ii. MWRI Page 50 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component 3.4.2.4 Education Education in South Sudan has been similarly undermined by displacement, hyperinflation, civil conflict and food insecurity. The average duration of schooling is 4.8 years.36 According to a UNICEF report, there has been a significant increase in out-of-school children from 2.2 million in 2018 to 2.8 million in 2021. In addition, school closures due to Covid-19 and non- payments of salaries for teachers increased the risk of drop-outs for teachers.37 3.4.2.5 Health The post-conflict South Sudan has huge challenges in delivering health care to the population. The challenges include: crippled health infrastructures, nearly collapsed public health system, inadequate qualified health professionals, and drug stock outs and so on. The health system needs a major resuscitation, in addition to supporting and developing health-training institutions. The other components that need to be given urgent attention: peace and security, basic nutritional needs, water and sanitation, education, shelter, employment, and gender empowerment of women and girls that need high level government commitment and leadership. 36 The World Bank, South Sudan, Linking the Agriculture and Food Sector to Job Creation Agenda, Sustainable Development Group World Bank, June 2019, p. 1 37 UNICEF, Education in South Sudan, Briefing Note, September 2021, accessed at: https://www.unicef.org/southsudan/media/7946/file/Education%20Briefing%20Note_2021%20Q3.pdf MWRI Page 51 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component 4. RELEVANT POLICY, LEGAL AND INSTITUTIONAL FRAMEWORK OF ENVIRONMENTAL AND SOCIAL MANAGEMENT Since attaining independence in July 2011, the Government of the Republic of South Sudan has adopted a new constitution, as well as policies and legislation related to environmental and social management. Some legislation from the previous ‘Southern Sudan’ remains in place. At the same time, other laws and regulations are still being drafted, with the ultimate aim of enhancing sustainable socio-economic development. The policies and laws provide procedures to be followed in the planning and implementation of activities in order to utilize resources and execute programs to maximum benefit. This section provides a discussion of the policy and legal framework for environmental and social management and conservation in South Sudan under the auspices of this project. 4.1 POLICIES AND STRATEGIES FORMING THE NATIONAL ENVIRONMENTAL AND SOCIAL MANAGEMENT SYSTEM 4.1.1 The Constitution Transitional Constitution of the Republic of South Sudan of 2011: The Transitional Constitution of the Republic of South Sudan of 2011 includes numerous provisions that have a bearing on the environment. Article 41 (1) provides that the people of South Sudan shall have a right to a clean and healthy environment and (2) that every person shall be obliged to protect the environment and (3) that future generations shall have the right to inherit an environment protected for the benefit of present and future generations. Specific measures to MWRI Page 52 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component ensure the objectives above include: The prevention of pollution and ecological degradation, the promotion of conservation and the securing of ecologically sustainable development and the use of natural resources while promoting rational economic and social development to protect the bio-diversity of South Sudan. Furthermore, Article 166 (6) expects local governments to involve communities in decision-making in the promotion of a safe and healthy environment. 4.1.2 Environment Policy of South Sudan, 2010 In 2010, an Environmental Policy was drafted and updated in 2013. The policy provides a wide range of guidance in response to emerging environmental management challenges to enable decision makers and resource users make development choices that are economically efficient, socially equitable and environmentally friendly to ensure realization of sustainable development. The goal of the South Sudan National Environment Policy is to ensure protection and conservation of the environment and sustainable management of renewable natural resources in order to meet the needs of its present population and future generations. The objectives of the GoSS environmental policy seek to: a. Improve livelihoods of South Sudanese through sustainable management of the environment and utilization of natural resources; b. Build capacity of the government at all levels of governance and other stakeholders for better management of the environment; c. Integrate environmental considerations into the development policies, plans, and programs at the community, government and private sector levels; d. Promote effective, widespread, and public participation in the conservation and management of the environment. The Environmental Policy determines the need for environmental impact assessment, audits, monitoring and evaluation to mitigate adverse impacts and enhance environmental benefits. It suggests the development of a legal framework and guidance for ESIA. The ESIA system is thus under development and has not yet been legally established. MWRI Page 53 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component 4.1.3 The Water Policy This Policy concerns water resources management and water supply and sanitation in Southern Sudan. The overall goal of the Government of Southern Sudan (GoSS) Water Policy is to support social development and economic growth by promoting efficient, equitable and sustainable development and use of available water resources, and effective delivery of water and sanitation services in Southern Sudan. The purpose of the Policy is to outline the Government of Southern Sudan’s vision for the water sector, and to establish basic principles and objectives to guide future water sector development. The specific objectives of the policy include among others; ➢ To ensure that all Southern Sudanese, including poor and vulnerable groups, have access to basic water and sanitation of acceptable quality and quantity. ➢ To establish clear guidelines governing equity of access to water resources to maximize social and economic benefits for all people of Southern Sudan. ➢ To conserve available water resources, to manage water quality and to prevent pollution of ground and surface waters and to promote efficient and responsible development and use of water resources. ➢ To manage floods and droughts and mitigate water-related disasters. ➢ To build capacity and develop human resources at all levels. ➢ To establish information systems and promote scientific research that will contribute to sustainable development, management and use of water resources. The Policy addresses specific issues in relation to three main sub-areas of water policy, i.e. Water Resources Management (WRM), Rural Water Supply and Sanitation (RWSS), and Urban Water Supply and Sanitation (UWSS) and establishes guiding principles and objectives in relation to each. The Policy is to support social development and economic growth by promoting efficient, equitable and sustainable development and use of available water resources, and effective delivery of water and sanitation services in Southern Sudan. 4.1.4 The South Sudan Forest Policy (2012) The policy was formulated to broadly protect the roles forests play in the ecological stability of rivers, lakes, swamps and agricultural production systems. It also ensures that there are MWRI Page 54 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component optimal benefits from forestry and agro-forestry activities for food security and poverty alleviation among the rural communities. The policy integrates forest sector actions with rural development efforts to ensure that the rural population of South Sudan shall have access to basic needs such as sustainable household food security, shelter, wood fuel, safe clean water, sanitation and health facilities, primary education, good local governance, empowerment and self-reliance. 4.1.5 The Agriculture Policy Framework (2012-2017) The Policy emphasizes the need to transform agriculture from a traditional/subsistence system to achieve food security through a science-based, market oriented, competitive and profitable agricultural system without compromising the sustainability of the natural resources for generations to come. In order to achieve the above, it developed key strategic objectives that include: Priority policies that quickly boost agricultural production, the availability of agricultural inputs (including a credit facility at affordable cost) the rehabilitation and expansion of rural infrastructure including feeder roads and markets, the development and provision of research and extension services and market linkages. 4.1.6 The National Gender Policy (2012 – 2017) The goal of achieving gender equality in South Sudan is anchored in the country’s Transitional Constitution and guided by a vision of equality as an inalienable right for all women, men and children, and gender equality as a human right. Article 16 of the Transitional Constitution states: • Women shall be accorded full and equal dignity of the person with men. • Women shall have the right to equal pay for equal work and other related benefits with men. • Women shall have the right to participate equally with men in public life. The Policy aims at a country free from all forms of discrimination and violence, where women, men and children enjoy their human rights on the basis of equality and non- discrimination in all spheres of national life. It is underpinned by the commitment of the Government of South Sudan to uphold and protect the rights and dignity of all the people. Its MWRI Page 55 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component achievement will be measured by the attainment of a rights-based legal and policy framework, equality before the law and access to justice for all without any discrimination based on gender, disability, age, religion, ethnicity, or any other social construct. The guiding principles for the policy reflect national commitments as enshrined in the Transitional Constitution and the Bill of Rights. It reaffirms the principle of women’s rights as human rights and the recognition gender-based discrimination as a serious impediment to development. This policy emphasizes an integrated approach for addressing the challenges faced by the women and men of South Sudan, thereby avoiding piecemeal impact and results. The institutional arrangement for the implementation of the policy focuses on the Ministry of Gender, Child and Social Welfare (MGCSW). The Ministry was set up as the lead institution for the National Gender Machinery, supported by the position of Presidential Adviser on Gender and Human Rights. The implementation of the policy is coordinated by the Republic of South Sudan through the MGCSW as the lead institution of the gender machinery with the mandate “to promote gender equality, social justice, and safeguard the rights and welfare of women, children, persons with disability and other vulnerable groups.” The MGCSW has the responsibility of coordinating a “gender management system” bringing together all the stakeholders, so as to ensure a coherent and coordinated approach to managing and implementing the policy. All the Ministry’s five Directorates38 have a role in the coordination and implementation of this gender management system. This mandate is derived from the Transitional Constitution (2011), Articles 138 and 139, Presidential decrees of 26 June 2006 and 29 July 2009. Their roles in the implementation of the Policy are in line with the core functions of the ministry to: • Develop policies and programs for the promotion of gender equality, child and social welfare. • Mainstreaming gender equality, and disability into national development. • Ensure the welfare and respect of the rights of persons with disabilities and socially vulnerable groups. • Manage programs and institutions for children and social welfare. 38The following are the Ministry’s directorates, Directorate of Gender, Directorate of Planning, Directorate of Administration and Finance, Directorate of Child Welfare, and Directorate of Social Welfare. MWRI Page 56 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component 4.2 PROCLAMATIONS, REGULATIONS AND PROCEDURAL GUIDELINES FORMING THE NATIONAL ENVIRONMENTAL MANAGEMENT SYSTEM 4.2.1 South Sudan Draft Environmental Protection Bill (2013) In 2010, an Environmental Protection Bill was drafted, and updated in 2013. The Environmental Protection Bill is still at its draft stage and is not yet approved by the National Parliament to become a binding law. The purpose of the draft Environmental Protection Bill (2013) is to cover all matters concerned with the Environment in South Sudan and to promote the prudent use, development, conservation and recuperation of its Natural and Environmental Resources, ecosystem services and biological diversity and to integrate environmental considerations into development policies, plans, programs, and projects at the community, government and private sector levels. Even though the draft bill is not legally established yet, it has set out the regulations in detail which defines the national EIA requirements, process and procedures. Chapter V of the draft Environment Bill is dedicated for EIA regulations and it outlines the requirements, processes as well as review and approval procedures. Article 22 (1) of the draft Bill introduces the EIA requirement by prohibiting any developer or proponent to implement a project for which an environmental impact assessment is required under the Bill or any other written law unless an environmental impact assessment has been concluded and approved in accordance with the Schedule I of the draft Bill. Schedule I of the draft Bill provides the list of projects requiring an EIA and those not requiring EIA by categorizing it as Type A and Type B projects. Accordingly, whereas Type A projects are likely to have significant adverse environmental impacts and that a comprehensive mandatory EIA study is required, Type B projects are likely to have some adverse environmental impacts with magnitude of impacts not well-known and thus a preliminary environmental assessment is required. The draft Bill (Article 23 (1&2)) requires that a project developer or proponent shall be required to register an application for an EIA certificate by preparing and submitting a project brief. The project brief is required to contain basic information about the project such as the nature, location, design and its activities and is expected to be prepared by registered MWRI Page 57 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component environmental expert. The Authority shall screen the project brief guided by screening criteria. The screening process shall be undertaken with the objective of determining whether an environmental impact assessment be undertaken. Where the Authority is satisfied that the project shall not have significant negative impact on the environment, or that the project brief discloses sufficient mitigation measures, the Authority may proceed to recommend to the Minister to approve the project. Where the Authority finds that the project shall have a significant impact on the environment and the project report discloses no sufficient mitigation measures it shall require the developer or proponent to: ➢ Undertake an environmental impact assessment in accordance with these Regulation; or ➢ Undertake a preliminary assessment, where more information is required to determine a screening decision. Where the Authority finds that the project shall have no significant negative impact on the environment and the project report discloses sufficient mitigation measure, it shall not require the developer or proponent to undertake an environmental impact assessment, and may proceed to recommend to the Minister for approval of the project. Any application which requires the preparation of an environment impact assessment shall be submitted to the Authority for comment in accordance with section 26 before any Environmental Impact Certificate is issued by the Authority. After considering all relevant matters, including the comments or representations made, the Authority may issue an Environmental Impact Certificate subject to such terms and conditions as it thinks fit, including the requirement to undertake appropriate mitigation measures. 4.2.2 The Public Health (Water and Sanitation) Act (2008) Emphasizes the prevention of the pollution of air and water and also encourages improvement in sanitation. Key provisions include the protection of the sanitation of the environment and it encompasses the measure to address the pollution of water and air. The following are measures geared towards control of pollution of water: Measures to prevent pollution of water MWRI Page 58 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component for consumption; Measures destined to prevent pollution of potable water; Anyone who offers the public water to drink or human food, and which includes frozen food should ensure that the water conforms to the potability regulations; Management and disposal of hazardous wastes; and storage of wastes on the premises of waste generators. The Public Health Act (2008) also provides the need for the protection of pollution of water through the enforcement of regulations and measures necessary to combat all elements of pollution and protect the natural level of the environment and public health. 4.2.3 The Land Act of 2009 (State of Southern Sudan) One of the key objectives of the Land Act is to promote a land management system, which can protect and preserve the environment and ecology for the sustainable development of South Sudan. It also provides for fair and prompt compensation to any person whose right of occupancy, ownership or recognized long-standing occupancy or customary use of land is revoked or otherwise interfered with by the Government. The Land Act reinforces the Government’s recognition of customary land tenure: ‘Customary land rights including those held in common shall have equal force and effect in law with freehold or leasehold rights.’ Community land can be allocated to investors as long as investment activity ‘reflects an important interest for the community’ and ‘contributes economically and socially to the development of the local community’. It also requires that state authorities approve land acquisitions above 250 feddans (105 hectares) and create a regulated ceiling on land allocations. The Land Act requires the Government to consult local communities and consider their views in decisions about community land. The Act also gives pastoralists special protection: ‘No person shall without permission to carry out any activity on the communal grazing land which may prevent or restrict the residents of the traditional communities concerned from exercising their grazing rights’. However, the project team has to be cognizant of the fact that there are elements of this act that do not function as stated. MWRI Page 59 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component 4.2.4 The Labor Act (Act No. 64 of 2017) The Act establishes a legal framework for the minimum conditions of employment, labor relations, labor institutions, dispute resolution and provisions for health and safety in the workplace. It further reinforces the right to equal remuneration for work of equal value as guaranteed by the constitution. Section 6(1) of the Labor Act provides that ‘No person shall discriminate, directly or indirectly, against an employee or job applicant in any work policy or practice’. Section 6(2) also forbids discrimination by any Trade Union, Employers Association or Federation. Section 12 of the Labor act deals with minimum working age. Article 12(2) prohibits children under 14 years to engage in the worst forms of work, whereas Article 12(4) allows a child who has attained the age of twelve years to be engaged to perform light work, provided that such work is not harmful to the child’s health or safety, or the child’s moral or material welfare or development. The Article 12(6) of the Labor Act also prohibits the engagement of a child under the age of eighteen years to perform hazardous work. In addition, section 10 of the act spells out that forced labor is prohibited. Article 7(1) of the Labor Act restricts sexual harassment at workplace by stating that “no person shall sexually harass an employee or an employer”. Article 7(2) also places a responsibility on the employer to ensure that no person shall sexually harass an employee in the course of the employee work. The provisions pertaining to health and safety issues at work place are addressed in Articles 110 – 112 of the Labor Act No.64 (2017). Article 110 (1) state that an employer shall ensure safety, health and welfare at workplace for all employees. Article 110 (2) outlines the responsibility of employers in ensuring safety and health at work place including for the provision and maintenance of good order of any plant, system or procedure of work by ensuring that such plant, system and procedure are safe to the employees at the workplace. Article 112 (1) of the Labor act also places responsibility on the employees to comply with health and safety measures by stating that, an employee shall comply with all measures implemented by the employer in accordance with the employer duties stated in the Act. MWRI Page 60 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component 4.2.5 The Wildlife Conservation and National Parks Act Section 5 of the Act recognizes that wildlife constitutes an important national natural wealth and is part of the heritage of South Sudan and therefore needs to be conserved, protected and utilized for the benefit and enjoyment of its entire people. Section 6 vests the administration and execution of the policy to the Secretariat headed by the Director General of the Secretariat of Wildlife Conservation, Environment Protection and Tourism. The Secretariat’s objectives and functions include the conservation, management and administration of parks, controlled areas and other protected game reserves. The control of hunting and management and preservation, conservation and the protection of wildlife and environmental resources along with the control of trade in protected animals and trophies are also among the functions vested on the Secretariat. Moreover, the promotion of education and dissemination of information about wildlife resources in South Sudan (in cooperation with competent authorities), the development and carrying out of research on wildlife and environmental resources with a view to their optimum preservation, conservation, management and protection are also among the duties of the Secretariat. 4.3 APPLICABLE INTERNATIONAL CONVENTIONS ENDORSED BY SOUTH SUDAN The 1992 United Nations Framework Convention on Climate Change. The primary purpose of the Convention is to establish methods to minimize global warming and in particular the emission of greenhouse gases. The Convention was adopted in 1992 and came into force in 1994. South Sudan acceded to the convention on 17 February 2014.The main authority for the implementation is the Ministry of Environment and Forestry. United Nations Convention on Biological Diversity. The Convention has three main goals which are: The conservation of biological diversity or biodiversity, the sustainable use of its components and the fair and equitable sharing of benefits arising from genetic resources. South Sudan acceded to the Convention on 17 February 2014. MWRI Page 61 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component The Ramsar Convention for the Conservation and Sustainable Utilization of Wetlands: The Convention is an international treaty for the conservation and sustainable utilization of wetlands, recognizing the fundamental ecological functions of wetlands and their economic, cultural, scientific and recreational value. South Sudan has been party to the Convention since 10 October 2013. South Sudan has currently one site designated as Wetlands of International Importance. Convention on the Rights of the Child: The Convention on the Rights of the Child from 1989 is the most comprehensive compilation of international legal standards for the protection of the human rights of children. It acknowledges children as individuals with rights and responsibilities according to their age and development, as well as members of a family or community. This includes non-discrimination, the best interest of the child, the right to life, survival and development and the right to participation. South Sudan has been party to the Convention since 23 January 2015. ILO Convention 182 Worst Forms of Child Labor Convention (1999). The convention calls for immediate action to prohibit and eliminate the worst forms of child labor. The predefined forms of child labor include all forms of slavery, trafficking of children, debt bondage or any other form of bonded labor, forced or compulsory labor, commercial sexual exploitation of children, prostitution and the production of pornography, as well as work that is likely to harm the health, safety or morals of children. South Sudan ratified the convention in 2012. ILO Convention 138, Minimum Age. The convention provides for the possibility of initially setting the general minimum age at 14 (12 for light work) where the economy and educational facilities are insufficiently developed. South Sudan has informed the ILO that it has set the general minimum age at 14 years. South Sudan ratified the convention in 2012. Constitution of the International Labor Organization: The constitutional principle is that universal and lasting peace can be established if it is based on social justice. The ILO has generated such hallmarks of industrial society as the eight-hour work day, maternity MWRI Page 62 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component protection, child labor laws, and a range of other principles. South Sudan has been a member of the ILO since 29. April 2012. ILO Convention 098 on Right to Organize and Collective Bargaining. South Sudan ratified the convention in 2012. ILO Convention 029 on Forced Labor. The Objective of the convention is to suppress forced labor in all its forms. South Sudan ratified the convention in 2012. ILO Convention 100 on Equal Remuneration. The convention aims at equal remuneration for work of equal value between men and women. South Sudan ratified the convention in 2012. ILO Convention 111 on Discrimination. The convention calls upon states to enable legislation prohibiting all forms of discrimination and exclusion on any basis, including race, sex, religion, etc. South Sudan ratified the convention in 2012. Convention on the Elimination of all forms of Discrimination against Women. CEDAW places explicit obligations on states to protect women and girls from sexual exploitation and abuse, among other issues. South Sudan ratified the CEDAW in 2014. The accession to CEDAW enabled the country to address issues of customary law involving women’s right to inherit and own productive assets, as well as their lack of voice and decision making in family and community matters and the denial of their right of choice to found a family especially in rural settings. Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa in October 2017 and the African Convention for Protection and Assistance of Internally Displaced Persons in Africa (The Kampala Convention). South Sudan made several reservations to key provisions including Article 6 that discourages polygamous marriages and Article 14 on reproductive rights - family planning and abortion. MWRI Page 63 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component UN Security Council Resolution 1325/2000 on Women, Peace and Security. The Government of South Sudan developed the National Action Plan 2015-2020 for the implementation of the UN Security Council Resolution 1325 on Women, Peace and Security. 4.4 INSTITUTIONAL ROLES AND RESPONSIBILITIES FOR ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT AND MANAGEMENT 4.4.1. The Ministry of Environment and Forestry The Ministry of Environment and Forestry (MoEF) was established in 2011. It is mandated with the protection and conservation of the environment as well as ensuring sustainable utilization of the environmental resource base to meet the needs of both the present and future generations. The mission of the MoEF is “To provide policy guidance, direction and coordination of all stakeholders for protection, conservation and sustainable management of the environment”. According to the draft Environmental Protection Act (2013), Chapter-IV, article 17(3) and 17(4), the “Ministry” is supposed to have the following functions; ➢ Develop and execute policies and programmes on environmental protection and conservation throughout Southern Sudan, ➢ Establish the GoSS Environmental policy and monitor its effectiveness and impact; ➢ Develop programmes, in collaboration with other ministries for the control of Environmental hazards and pollution as a means of preventing Environmental degradation and control of desertification; ➢ Develop Environmental Impact Assessments standard methodologies and procedures for GoSS Development polices and for private sector investments; and, ➢ Advice and support State and Local Governments in their responsibilities for Environment and build their capacity to assume functions vested by the ICSS and GoSS Policy. ➢ Coordinate with Environmental liaison units in Lead Agencies; ➢ Review and approve Environmental Impact Assessment reports of proposed projects and issue Environmental Impact Assessment licenses; ➢ Review and approve Environmental Audit Reports; and ➢ Monitor and evaluate. MWRI Page 64 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component 4.4.2. The State Environment Ministries Similarly, according to the draft Environmental Protection Act (2013), Chapter-IV, Article 20, the “State Environment Authority” is supposed to have the following functions; (1) The Authority shall, in consultation with each of the States, provide guidelines for the establishment of an Authority on the Environment for each State, in this Bill referred to as a State Environment Authority. (2) When established, the functions of the State Environment Authority shall include the following: ➢ Oversee the activities of the State relating to the management of the Environment and natural resources; ➢ Ensure that Environmental concerns are integrated into all plans and projects approved by the State; ➢ Assist in the development and formulation of State laws relating to the management of the Environment; ➢ Liaise with the Authority and with Local Government on all issues relating to management of the Environment; ➢ Marshal funds for Environmental management programs; ➢ Evaluate and approve State-level development proposals and Environmental Management Plans; ➢ Ensure the Environmental and social Impact assessment process is carried out; ➢ Receive reports from the Local Governments and advise the Local Governments on matters relating to the Environment; and, ➢ Review and approve a state of the Environment report for the State every year The Ministry of Environment and Forestry (MoEF) constitutes six main Directorates. These are the Wetland and Biodiversity Directorate, Climate Change and Meteorology Directorate, Environmental Management Directorate, Environment & Sustainable Development Directorate, Environmental Education Directorate, as well as Administration and Finance Directorate. The Ministry is staffed with about 150 personnel. The Directorate responsible for MWRI Page 65 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component ESIA process and administration including review and approval is the Environment and Sustainable Development Directorate. Currently, the Directorate lacks a binding legal instrument to require and enforce EIA procedures on development projects due to the fact that the environmental protection bill is still not enacted by the legislature to become law. However, there are notions among the stakeholders that even if the bill remains to be at draft stage, the South Sudan Constitution provides for environmental provisions based on which the Minister for Environment can issue an executive order to carry certain environmental investigations and interventions. The MoEF have branches at the state and county levels, though the organizational structure and name of the state level institutions changes from state to state, i.e. as state Ministry of Agriculture and Environment, Livestock and environment, e.t.c. Functionally, in terms of project implementation, the National Ministries are mainly engaged in planning and designing policies and strategies whereas implementations of projects are carried by the state ministries and counties with continued guidance and technical back stopping from the national Ministries. The state ministries and county level environment offices also carry the day to day observation, monitoring and reporting of the project. When the state ministries lack capacities, the National Ministries assist them by providing training and technical support through working groups so that they can accomplish the project implementation tasks. 4.4.3 Ministry of Labor and Human Resource Development The Ministry of Labor (MoL) was established in October 2005 following the signing of the Comprehensive Peace Agreement, and in accordance with the Sothern Sudan Interim Constitution, 2005. The Ministry’s mandate is to build and manage the capacity of the Republic of South Sudan (RSS) Public Service for effective and efficient delivery of services and support, and where necessary regulate the operations of the Private Sector labour market. The Ministry is also responsible for the formulation of labour policies and legislative framework to regulate the private sector labour market; development, management and administration of human resource policies. MoL is responsible for the implementation of uniform norms and standards nationally in accordance with the Labour Act 2017. The Ministry plays an advisory and coordinating role on how the functions within its mandate are managed at the State and Local government levels. MWRI Page 66 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component One of the main Directorates of the MoL is the Occupational Health and Safety Directorate. The functions of the Directorate of Occupational Safety and Health are to: ➢ Initiate and advice on the formulation and implementation of policies, laws and regulations on occupational safety and health. ➢ Inspect workplaces to ensure compliance with occupational safety and health laws and standards. ➢ Promote and advise employers, employees and their representatives on best practices of occupational safety and health at workplaces. ➢ Coordinate and implement occupational safety and health programs and projects. ➢ Investigate accidents at the workplace to establish liability and compensation. ➢ Register and maintain database of workplaces in line with occupational safety and health requirements. ➢ Conduct risk and hazard assessment 4.4.4 Ministry of Gender, Child and Social Welfare The history of the Ministry of Gender, Child and Social Welfare (MGCSW) dates back to 1994 when the first SPLM Convention in Eastern Equatorial state, formed a Secretariat of Gender and Child Welfare. As mentioned above, this was transformed to the Ministry of Gender, Social Welfare and Religious Affairs following the CPA in 2005 and renamed to the current Ministry of Gender, Child and Social Welfare (MGCSW) in 2010. The Ministry is mandated to promote gender equality, social justice, and safeguard the rights and welfare of women, children, persons with disability and other vulnerable groups. The scope of the mandate of the Ministry covers gender and women empowerment, child and social welfare functions. The Ministry is responsible for formulation and implementation of policies and legislations for promotion of gender equality, women’s empowerment, child protection, social protection and social welfare of the vulnerable groups in general. The Directorate of Gender is responsible for formulation of gender related policies and regulatory frameworks, gender mainstreaming in public and private institutions, gender- responsive, governance, socio-economic empowerment; promotion and protection of women’s rights. The Directorate of Child Welfare is responsible for formulation of policies and development of programmes that promote children’s rights and ensure protection of children from violence, exploitation, neglect and abuse. In general the Ministry performs the following core functions: MWRI Page 67 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component ➢ Develop policies and programmes for the promotion of gender equality, women’s empowerment, child protection as well as social protection and social welfare of other vulnerable groups; ➢ Mainstreaming gender equality, and disability into national development process; ➢ Ensure the welfare, promotion and respect of the rights of persons with disabilities, children and other vulnerable groups; ➢ Manage programmes and institutions for children and social welfare; ➢ Improve working environment by strengthening the structures, systems and procedures, human and administrative capacity for efficient service delivery; ➢ Strengthen monitoring and evaluation, research, documentation, planning and budgeting. MWRI Page 68 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component 4.5 WORLD BANK ENVIRONMENTAL AND SOCIAL STANDARDS The Environmental and Social Standards (ESSs) set out the requirements for GoSS relating to the identification and assessment of environmental and social risks and impacts associated with projects supported by the CRFM through Investment Project Financing. The World Bank believes that the application of these standards, focusing on the identification and management of environmental and social risks, will support GoSS in their goal to reduce poverty and increase prosperity in a sustainable manner for the benefit of the environment and their citizens. Table-2 below summarizes the applicability of the ESSs to the CRFM project activities. Standard Objectives of the standards Explanation Applicable for the Project ESS1: The objective of ESS1 sets out that The CRFM project will finance a variety of subprojects involving development of Yes Assessment Bank-financed projects are the no-regret flood risk control infrastructures such as Dyke / earth embankment, and Borrower’s responsibilities for assessing, multipurpose community water storage like small dams, infiltration basins. Management of managing and monitoring environmental terracing and slopes, wetland restoration as well as erection of hydrometric stations Environmental and social risks and impacts associated at riverbanks. As implementation of these subprojects involve construction and Social with each stage of a project supported by activities in the different subproject sites, it will pose potential environmental and Risks and the Bank through Investment Project social risks during implementation, which makes ESS 1 applicable. The ESMF is Impacts Financing, in order to achieve designed to help identify these potential impacts and direct the PIU to practical environmental and social outcomes ways of avoiding or mitigating them. consistent with the Environmental and Social Standards (ESSs) Note: For projects involving multiple small subprojects that are identified, prepared and implemented during the course of the project, MWRI PIU will carry out appropriate environmental and social assessment of subprojects, and prepare and implement such subprojects, as follows: (a) High Risk subprojects, in accordance with the ESSs; (b) Substantial Risk, Moderate Risk and Low Risk MWRI Page 69 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component subprojects, in accordance with national law and any requirements of the ESSs that the Bank deems relevant to such subprojects. Note also that the overall Environmental and social risk rating of the CRFM project is –“High”. The environmental risk rating is also “High”. Schedule -I of the draft Environmental Protection Bill of the GRSS has outlined the type of subprojects that require ESIA or Preliminary ESIA. The type of subprojects listed in schedule I of the draft Environmental protection bill are not commonly applied by the Ministry of Environment and Forestry and the state ministries for it is still not a legally binding Act. However it will help the PIU and the national competent authorities to classify sub-projects into one of the three Categories. ESS2: Labor The objective of ESS2 is to ensure that The CRFM project will engage public workers, workers hired by the project (direct Yes and Working Bank- financed projects recognizes the workers such as consultants, technical experts and other workers), and workers Conditions importance of employment creation and hired by contractors under the project. These involve MWRI and PIU staff income generation in the pursuit of engaged in project implementation, as well as staff working in CRFM subproject poverty reduction and inclusive construction and operation activities. The potential risks identified include economic growth. Borrowers can occupational health and safety (OHS) risks as well as workplace accidents/injuries, promote sound worker-management lack of use of personal protective equipment (PPE), and dust; community health relationships and enhance the and safety issues (e.g., exposure to hazardous materials); communicable disease development benefits of a project by (e.g., HIV & COVID-19) which may arise from the interaction of project workers treating workers in the project fairly and with local communities, between project workers; GBV in relation to contacts providing safe and healthy working between project workers, and members of local communities. Although there conditions. might be a risk of discrimination, i.e., a potential inappropriate treatment or harassment of project workers; potential exclusion/preferences with respect to recruitment, training and development, termination of employment, and working conditions, discrimination is unacceptable as per the GoSS Labor Act and WB’s ESS2.While most of the workers involved in MWRI are public workers governed by the government civil service regulation, other workers hired by the project (PIUs, consultants, etc.) and project contractor need to be contracted in line with the requirements of ESS2 in relation to labor and working conditions, non- discrimination and equal opportunities and occupational health and safety and MWRI Page 70 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component workers grievance redress mechanisms. Thus, ESS2 remains relevant and is applicable for the CRFM project ESS3: The objective of ESS3 is to promote the The CRFM project will finance a variety of subprojects involving development of Yes Resource sustainable use of resources, including no-regret flood risk control infrastructures such as Dyke / earth embankment, Efficiency and energy, water and raw materials and also multipurpose community water storage like Small dams, infiltration basins. Pollution to avoid or minimize adverse impacts on terracing and slopes, wetland restoration as well as erection of hydrometric stations Prevention and human health and the environment by at river banks, development of new interactive data base system and development Management avoiding or minimizing pollution from of WIMS Portal. project activities. It requires the client to consider ambient conditions and apply The flood risk control infrastructure construction activities will use extensive technically and financially feasible natural resources including construction materials and water during construction resource efficiency and pollution which will cause degradation of natural resource. Moreover these activities will prevention measures in accordance with likely generate construction wastes that will be released to air, water and soil. the mitigation hierarchy. The measures Development of new interactive data base system and WIMS Portal activities of will be proportionate to the risks and the project will also result in the generation of an electronic waste stream that will impacts associated with the project and have a potential to cause environmental and social impacts. As a result ESS 3 will consistent with GIIP, in the first instance be applicable to the subproject activities. the EHSGs. ESS4:- ESS4 recognizes that project activities, The CRFM project will involve construction works and installation of equipment Yes Community equipment, and infrastructure can which may result in the presence of workers with the potential to impact Health and increase community exposure to risks community health. Construction activities will result in excavations consisting of Safety and impacts. It addresses the health, trenches and temporary ponds. Open trenches and ponds can cause risks to safety, and security risks and impacts on community safety by serving as malaria breeding site. Increased traffic movements project-affected communities and the due to subproject construction and equipment installation activities may also cause corresponding responsibility of community safety hazards. Improperly managed solid and liquid waste stream borrowers to avoid or minimize such generated by subproject supported activities, contamination of water bodies, and risks and impacts, with particular unacceptable water quality may also pose public health risks in the long term. attention to people who, because of their Thus, ESS4 is applicable to the CRFM project. particular circumstances, may be vulnerable. It requires that the Client will identify risks and impacts and propose mitigation measures in accordance with MWRI Page 71 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component the mitigation hierarchy. ESS5:-Land The objectives of ESS5, among others, is The CRFM project will finance a variety of subprojects involving development of Yes Acquisition, to avoid involuntary resettlement or, no-regret flood risk control infrastructures such as dyke / earth embankment, Restrictions on when unavoidable, minimize involuntary multipurpose community water storages like small dams, infiltration basins. Land Use and resettlement by exploring project design Terracing and slopes, wetland restoration as well as erection of hydrometric Involuntary alternatives. to avoid forced eviction, and stations at river banks. Resettlement to mitigate unavoidable adverse social and economic impacts from land The project will likely require limited land acquisition and may result in some acquisition or restrictions on land use by: temporary or permanent involuntary resettlement.. A separate Resettlement Policy (a) providing timely compensation for Framework was prepared to provide procedures for involuntary resettlement and loss of assets at replacement cost and (b) restriction of land use risk management for the CRFM project. Thus ESS 5 is assisting displaced persons in their applicable to the subproject activities. efforts to improve, or at least restore, their livelihoods and living standards, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. ESS6:- The objectives of ESS6 is to protect and Construction activities of flood risk control infrastructures such as dyke / earth Yes Biodiversity conserve biodiversity and habitats, to embankment, multipurpose community water storage like Small dams, infiltration Conservation promote the sustainable management of basins, terracing and slopes, wetland restoration as well as erection of hydrometric and Sustainable living natural resources, to support stations at river banks, development of new interactive data base system and Management of livelihoods of local communities, development of WIMS portal could affect sustainable use of natural resource and Living Natural including Indigenous Peoples, and can adversely affect the local ecological systems. Resources inclusive economic development, through the adoption of practices that Construction and operation of the flood management and water harvesting integrate conservation needs and structures could have some adverse impacts on biodiversity and habitats. Habitat development priorities. alteration may occur because of reservoir creation (especially for small dams), changes in hydrologic flow regime, and construction material extraction. It requires that the client will avoid Construction of small dams or run-of-river water retention structures may adverse impacts on biodiversity and physically obstruct upstream and downstream movements of fish and other aquatic MWRI Page 72 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component habitats. When avoidance of adverse organisms, causing significant negative effects on aquatic fauna. impacts is not possible, the client will As a result ESS6 is applicable to the subproject activities. implement measures to minimize adverse impacts and restore biodiversity in accordance with the mitigation hierarchy. The environmental and social assessment will consider direct, indirect and cumulative project-related impacts on habitats and the biodiversity they support. ESS7 ESS7 applies to communities or groups The overwhelming majority of people in South Sudan meet the requirements of Yes Indigenous of Indigenous Peoples/Sub-Saharan ESS7. Hence, it is essential that project interventions are accessible, culturally Peoples/Sub- African Historically Underserved appropriate and inclusive. The Project will ensure that vulnerable groups and Saharan Traditional Local Communities who, undeserved communities are not disproportionately affected by adverse impacts of African during the lifetime of members of the project activities and experience its benefits. Project sites shall be selected in a Historically community or group, have lost collective manner to avoid adverse impact on underserved and vulnerable communities. Underserved attachment to distinct habitats or Project design and implementation should consider the cultural appropriateness Traditional ancestral territories in the project area, that may not be catered due to remoteness. Hence; ESS7 is relevant for this project. Local because of forced severance, conflict, Communities government resettlement programs, dispossession of their land, natural disasters, or incorporation of such territories into an urban area ESS8 Cultural The objectives of ESS 8 is to protect Some of the South Sudan cities and rural areas have historical, religious, and Yes Heritage cultural heritage from the adverse cultural properties that are of significance at National levels in them. The flood impacts of project activities and support control infrastructure development activities may have impact on cultural heritage. its preservation, to address cultural If there is a possibility that CRFM subprojects may result in damage to cultural heritage as an integral aspect of property, the ESMF specifies procedures for avoiding such damage. Chance find sustainable development, to promote procedures will be incorporated into civil works supervision plan, and buffer zones meaningful consultation with will be created to avoid damage to cultural resources. Thus ESS 8 remains stakeholders regarding cultural heritage, applicable for the CRFM MWRI Page 73 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component to promote the equitable sharing of benefits from the use of cultural heritage. ESS 8 requires that the environmental and social assessment, as set out in ESS1, will consider direct, indirect and cumulative project-specific risks and impacts on cultural heritage. Through the environmental and social assessment, the client will determine the potential risks and impacts of the proposed activities of the project on cultural heritage. ESS9 Financial The ESS9 recognizes that strong Financial Intermediaries (Fis) are not involved in this project. No Intermediaries domestic capital and financial markets and access to finance are important for economic development, growth and poverty reduction. The Bank is committed to supporting sustainable financial sector development and enhancing the role of domestic capital and financial markets. ESS10 The ESS10 recognizes the importance of The project will require inputs from different stakeholder groups, including those Yes Stakeholder open and transparent engagement who will be directly affected as well as those who have other interests in the Engagement between the Borrower and project project interventions. The project should ensure that the voices of vulnerable and stakeholders as an essential element of people (female-headed households, elderly, youth, and people with disabilities) Information good international practice. Effective and underserved communities are heard through inclusive consultation and Disclosure stakeholder engagement can improve the participation to ensure that they can equally participate and benefit from the environmental and social sustainability project. of projects, enhance project acceptance, and make a significant contribution to Stakeholder engagement will be facilitated through appropriate means such as successful project design and virtual arrangements and phone calls among others taking proper measures as implementation. precaution to COVID 19. A Stakeholder Engagement Plan (SEP) was developed. MWRI Page 74 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component The SEP outlines the characteristics and interests of the relevant stakeholder The client will engage with stakeholders groups and timing and methods of engagement throughout the life of the project. throughout the project life cycle, The project will ensure that the needs and voices of vulnerable people (female- commencing such engagement as early headed households, elderly, youth, and people with disabilities) and underserved as possible in the project development communities are heard through inclusive consultation and participation to ensure process and in a timeframe that enables that they can equally participate and benefit from the project. The project will also meaningful consultations with ensure those respective provisions on gender equality and the mitigation of gender- stakeholders on project design. The based violence to avoid potential adverse impacts but also to ensure strong nature, scope and frequency of participation of women in the development. stakeholder engagement will be proportionate to the nature and scale of A project level, functioning Grievance Redress Mechanism, including sensitivity the project and its potential risks and to any risk or incident of gender-based violence, will be established and will allow impacts early identification of issues and correction of project implementation as necessary. Thus ESS 10 remains relevant for the CRFM project. Table 1:World Bank – Applicable Environmental and Social Standards MWRI Page 75 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component OP 7.50 Projects in International Waters: This is not an ESF standard but part of the safeguards policies. The objective of this policy is to ensure that Bank financed projects affecting international waterways would not affect: (i) relations between the Bank and its borrowers and between states (whether members of the Bank or not); and (ii) the efficient utilization and protection of international waterways. The policy applies to: (a) Hydroelectric projects, irrigation, flood control, navigation, drainage, water and sewerage, industrial and similar projects that involve the use or potential pollution of international waterways; and (b) Projects that support detailed design and engineering studies of projects under (a) above, include those carried out by the Bank as executing agency or in any other capacity. This policy is triggered if (a) any river, canal, lake or similar body of water that forms a boundary between, or any river or body of surface water that flows through two or more states, whether Bank members or not; (b) any tributary or other body of surface water that is a component of any waterway described under (a); and (c) any bay, gulf strait, or channel bounded by two or more states, or if within one state recognized as a necessary channel of communication between the open sea and other states, and any river flowing into such waters. This policy is triggered because Component 2 of the project includes rehabilitation and development of flood control infrastructures within the Nile basin catchment. Notification to all riparian countries will be sent. MWRI Page 76 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component Table 2: Gap Analysis WB ESS and National Legal Framework GAP Analysis World Bank ESS and National Legal Framework ESF Objectives National Laws and Requirements Gaps Recommended Actions ESS 1: Assessment and Management of Environmental and Social Risks and Impacts Objectives of ESS 1 are: South Sudan Draft Environmental and The South Sudan The ESMF lays out a Protection Bill (2013). Section 18 of the South Draft Environmental screening process of all To identify, evaluate and manage the Sudan Draft Environmental and Protection Bill Protection Bill (2013) subprojects and activities in environmental and social risks and impacts of the introduces the requirement for Environmental is still at its draft order to assess whether project in a manner consistent with the ESSs. Impact Assessments. stage and is not yet activities require Section 32, Cap 5, introduces the requirement passed by the environmental impact To adopt a mitigation hierarchy approach to: for Environmental Audits. national parliament to assessments. (a) Anticipate and avoid risks and impacts Section 20, Cap 5, introduces the requirement become a binding (b) Where avoidance is not possible, minimize or for Environmental Monitoring. law. The National reduce risks and impacts to acceptable levels EIA system remains (c) Once risks and impacts have been minimized to be legally or reduced, mitigated; and established. (d) Where significant residual impacts remain, compensate for or offset them, where technically and financially feasible To adopt differentiated measures so that adverse impacts do not fall disproportionately on the disadvantaged or vulnerable and they are not disadvantaged in sharing development benefits and opportunities resulting from the project. To utilize national environmental and social institutions, systems, laws, regulations and MWRI Page 77 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component procedures in the assessment, development and implementation of projects, whenever appropriate. To promote improved environmental and social performance, in ways which recognize and enhance borrower capacity. ESS 2: Labor and Working Conditions The Objectives of ESS 2 are: Labor Act, 2017 (Act No. 64 of 2017). The Act South Sudan has no The project will comply with establishes a legal framework for the minimum statutory minimum the Labor Act, but it will To promote safety and health at work. conditions of employment, labor relations, and wage. monitor wages paid. It will labor institutions also follow the LMP To promote the fair treatment, non-discrimination Enforcement of labor prepared for this project. and equal opportunity of project workers. laws is minimal. The LMP defines a To protect project workers, including vulnerable Significant amounts minimum wage. workers such as women, people with disabilities, of unskilled jobs are children (of working age, in accordance with this filled by immigrant The implementation of the ESS) migrant workers, contracted workers, workers. These LMP will be monitored by community workers and primary supply workers, require work permits. the PIU. as appropriate. Labor Act, 2017 (Act No. 64 of 2017) N/A The LMP spells out a To prevent the use of all forms of forced labor establishes requirement for a dispute resolution Workers’ GRM. and child labor. mechanism To support the principles of freedom of Labor Act, 2017 (Act No. 64 of 2017) chapter N/A Project will apply OHS association and collective bargaining of project XI makes provisions for health and safety at the management system that is workers in a manner consistent with national law. workplace consistent with the IFC General Environmental To provide project workers with accessible Health and Safety means to raise workplace concerns. Guidelines (EHSGs) on Occupational Health and MWRI Page 78 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component Safety. Labor Act, 2017 (Act No. 64 of 2017) chapter N/A N/A VI says that no person shall discriminate, directly or indirectly against an employee or job applicant in any work policy or practice (discrimination is defined on grounds of race, sex, age, religion, etc…) Labor Act, 2017 (Act No. 64 of 2017) section Minimum age for The project will only allow 12 provides protection for children. Minimum general work is 14, the deployment of children – age for work is 14, and minimum age for which accords with in all project worker hazardous work is 18 ILO Convention 138, categories – from the age of The Child Act, 2008 (Act No. 10 of 2008). The recognizing the age 18 (see LMP). Rigorous child Act regulates the elimination of child of 14 as the minimum monitoring will ensure the labor, protection of children, and young persons, age for general work application of the LMP. hazardous child labor. for a country whose economy and educational facilities are insufficiently developed. However, in practice children between the age of 10-14 are further employed in agriculture and industry and services, including in rock breaking, construction (building and transporting MWRI Page 79 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component materials), making bricks. The Labor Act (Act No. 64 of 2017) section 10 Forced labor takes The project will not allow spells out that forced labor is prohibited. place, for example in any forced labor. It will hold recruitment into the all contractors liable to the national army implementation of the LMP. The PIU will have overall responsibility to monitor the implementation of the LMP. The Labor Act (Act No. 64 of 2017) Article 12 Article 12(2) allows The project will only allow (2) allows children between the ages 14-18 to children between the deployment of children – in engage in labor. ages 14-18 to engage all project worker categories in general labor – from the age of 18 (see LMP). Compulsory education age (13) is Rigorous monitoring by the inconsistent with PIU will ensure the minimum age for application of the LMP. work (14). Children are further engaged in other worst forms of child labor, including in commercial sexual exploitation. Perpetrators have not been brought to justice. ESS 3: Resource Efficiency and Pollution Prevention and Management MWRI Page 80 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component The Objectives of ESS 3 are: The Constitution of South Sudan: Article 41 The South Sudan The project will promote the (1) Provides that the people of South Sudan Draft Environmental sustainable use of resources To promote the sustainable use of resources, shall have a right to a clean and healthy Protection Bill (2013) and avoid or minimize including energy, water and raw materials. environment. is still at its draft adverse impacts on human (2) That every person shall have the obligation stage and is not yet health. To avoid or minimize adverse impacts on human to protect the environment. passed by the health and the environment by avoiding or (3) That future generations shall have the right national parliament to The project shall adhere to minimizing pollution from project activities. to inherit an environment protected for the become a binding implement ESS 3 benefit of present and future generations. law. The detailed requirement in due course of To avoid or minimize project-related emissions provisions and project implementation. of short and long-lived climate pollutants. Specific measures to ensure the objectives standards for above include: Prevention of pollution and prevention and To avoid or minimize generation of hazardous ecological degradation; promotion of control of pollution and non-hazardous waste. conservation; and securing of ecologically outlined in the draft sustainable development and use of natural bill remain to be resources while promoting rational economic legally established. and social development so as to protect the bio- diversity of South Sudan ESS 4: Community Health and Safety The Objectives of ESS 4 are: Although the project aims to N/A N/A improve the lives of To anticipate and avoid adverse impacts on the previously affected health and safety of project-affected communities communities, it needs to be during the project life-cycle from both routine ensured that project and non-routine circumstances. activities do not pose any unintended negative To avoid or minimize community exposure to consequences on project-related traffic and road safety risks, communities, for example diseases and hazardous materials. through increased GBV incidents. A SEA/SH To have in place effective measures to address Action Plan will be emergency events. implemented. MWRI Page 81 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component The project will utilize To ensure management of security of project WB/IFC EHS guidelines on facilities and personnel to avoid abuse or conflict waste management in order with communities. to be fully compliant with ESS 4. Several measures will be undertaken, including contractors will develop road safety management plan and a health and safety plan as part of the C-ESMPs to address the impacts on local communities of moving construction equipment; measures and actions developed to assess and manage specific risks and impacts outlined in the ESMF. A Security Management Plan (SMP) will be implemented. ESS 5: Land Acquisition, Restrictions on Land Use and Involuntary Resettlement MWRI Page 82 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component The Objectives of ESS 5 are: The Land Act of 2009 also provides for fair Where land is donated by and prompt compensation to any person whose private owners, a land To avoid involuntary resettlement or, when right of occupancy, ownership or recognized donation agreement process unavoidable, minimize involuntary resettlement long standing occupancy of customary use of is implemented. by exploring project design alternatives. land is revoked or otherwise interfered with by the Government. A Resettlement Policy To avoid forced eviction. Framework (RPF) will be followed, and where For groups identified under ESS7, free, prior necessary, specific informed consent must be sought instruments, such as Resettlement Action Plans (RAPs) will be prepared and implemented. ESS 6: Biodiversity Conservation and Sustainable Management of Living Natural Resources The Objectives of ESS 6 are: The project will avoid any To protect and conserve biodiversity and encroachment into any habitats. sensitive habitat and/or protected areas. To apply the mitigation hierarchy and the precautionary approach in the design and implementation of projects that could have an impact on biodiversity. To promote the sustainable management of living natural resources. To support livelihoods of local communities, including Indigenous Peoples, and inclusive economic development, through the adoption of practices that integrate conservation needs and development priorities. ESS 7: Indigenous People/Sub-Saharan African Historically Underserved Traditional Local Communities MWRI Page 83 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component The Objectives of ESS 7 are: The project aims at Sub- Saharan populations as a key To ensure that the development process fosters beneficiary group. Through full respect for the human rights, dignity, the SEP it will ensure that aspirations, identity, culture, and natural consultations with all resource-based livelihoods of Indigenous stakeholders are undertaken. Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities. To avoid adverse impacts of projects on Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities, or when avoidance is not possible, to minimize, mitigate and/or compensate for such impacts. To promote sustainable development benefits and opportunities for Indigenous Peoples/Sub- Saharan African Historically Underserved Traditional Local Communities in a manner that is accessible, culturally appropriate and inclusive. To improve project design and promote local support by establishing and maintaining an ongoing relationship based on meaningful consultation with the Indigenous Peoples/Sub- Saharan African Historically Underserved Traditional Local Communities affected by a project throughout the project’s life-cycle. To obtain the Free, Prior, and Informed Consent (FPIC) of affected Indigenous Peoples/Sub- MWRI Page 84 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component Saharan African Historically Underserved Traditional Local Communities in the three circumstances described in this ESS. To recognize, respect and preserve the culture, knowledge and practices of Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities, and to provide them with an opportunity to adapt to changing conditions in a manner and in a timeframe acceptable to them. ESS 8: Cultural Heritage The Objectives of ESS 8 are: The Constitution of South Sudan, Art. 38 N/A The project will implement (1e) spells out to protect cultural heritage, chance find procedures to To protect tangible and intangible cultural heritage monuments, and places of national historic protect cultural or from the adverse impacts of project activities and or religious importance from destruction, archeological findings support its preservation. desecration, unlawful removal or illegal during project activities, as export. per the Chance Find To address cultural heritage as an integral aspect of Procedure in annex E 3 sustainable development. The project will further To promote meaningful consultation with conduct community stakeholders regarding cultural heritage. consultations (as per SEP) prior to project activities in To promote the equitable sharing of benefits from the order to ensure protection of use of cultural heritage. other tangible cultural heritage. ESS 10: Stakeholder Engagement and Information Disclosure The Objectives of ESS 10 are: The Constitution of South Sudan, Article N/A The project will implement 166 (6) expects local governments to stakeholder consultations To establish a systematic approach to stakeholder involve communities in decision-making in throughout the lifetime of engagement that will help borrowers to identify the promotion of a safe and healthy the project, as per the SEP. MWRI Page 85 Draft ESMF for Regional Climate Resilience Program for Eastern and Southern Africa (P180171) S.Sudan Component stakeholders and build and maintain a constructive environment. relationship with them, in particular project-affected parties. To assess the level of stakeholder interest and support for the project and to enable stakeholders’ views to be considered in project design and environmental and social performance. To promote and provide means for effective and inclusive engagement with project-affected parties throughout the project life-cycle on issues that could potentially affect them. To ensure that appropriate project information on environmental and social risks and impacts is disclosed to stakeholders in a timely, understandable, accessible and appropriate manner and format. To provide project-affected parties with accessible and inclusive means to raise issues and grievances, and allow borrowers to respond to and manage such grievances. MWRI Page 86 Draft ESMF for Climate Resilient Flood Management Project (CRFM) 4.6 RELEVANT EHS GUIDELINES FOR CRFM SUBPROJECTS 4.6.1. EHS GUIDELINES The IFC Environment Health and Safety general and industry sector guidelines provide information on a variety of issues which need to be adopted to mitigate adverse environmental and safety issues that may likely arise during the implementation of CRFM subprojects. The most relevant of these guidelines to the subprojects include the following: • EHS Water quality and availability • EHS General Guideline Section 1 to 4 • EHS Guideline for Construction Materials Extraction The WB Technical Note “Public Consultations and Stakeholder Engagement in WB-supported operations when there are constraints of conducting public meetings” (2020), will also be applied. This Technical Note makes due reference to the WHO technical guidance in dealing with COVID-19, including: Risk Communication and Community Engagement Action Plan Guidance Preparedness and Response; Risk Communication and Community Engagement (RCCE) readiness and response; COVID-19 risk communication package for healthcare facilities; Getting your workplace ready for COVID-19; and a guide to preventing and addressing social stigma associated with COVID-19. 4.6.2 EHS Water quality and availability Groundwater and surface water represent essential sources of drinking and irrigation water in developing countries, particularly in rural areas where piped water supply may be limited or unavailable and where available resources are collected by the consumer with little or no treatment. Project activities involving wastewater discharges, water extraction, diversion or impoundment should prevent adverse impacts to the quality and availability of groundwater and surface water resources. Drinking water sources, whether public or private, should at all times be protected so that they meet or exceed applicable national acceptability standards or in their absence the current edition MWRI Page 87 Draft ESMF for Climate Resilient Flood Management Project (CRFM) of WHO Guidelines for Drinking-Water Quality. Air emissions, wastewater effluents, oil and hazardous materials, and wastes should be managed according to the guidance provided in the respective sections of the General EHS Guidelines with the objective of protecting soil and water resources. Where the project includes the delivery of water to the community or to users of facility infrastructure (such as hotel hosts and hospital patients), where water may be used for drinking, cooking, washing, and bathing, water quality should comply with national acceptability standards or in their absence the current edition of with WHO Drinking Water Guidelines. Water quality for more sensitive well-being-related demands such as water used in health care facilities or food production may require more stringent, industry-specific guidelines or standards, as applicable. Any dependency factors associated with the delivery of water to the local community should be planned for and managed to ensure the sustainability of the water supply by involving the community in its management to minimize the dependency in the long-term. The potential effect of groundwater or surface water abstraction for project activities should be properly assessed through a combination of field testing and modeling techniques, accounting for seasonal variability and projected changes in demand in the project area. Project activities should not compromise the availability of water for personal hygiene needs and should take account of potential future increases in demand. The overall target should be the availability of 100 liters per person per day although lower levels may be used to meet basic health requirements. Water volume requirements for well-being-related demands such as water use in health care facilities may need to be higher. 4.6.3 EHS General Guidelines The IFC EHS general guideline section 1 to 4 provides guidance on prevention and control of environmental, occupational health and safety, community health and safety, as well as on construction and decommissioning impacts that may occur during subproject activities of the CRFM project. As many of these subprojects consist of construction activities which will involve manual labor work activities, section 2.0 and 4.0 of the EHS general guidance provides some MWRI Page 88 Draft ESMF for Climate Resilient Flood Management Project (CRFM) appropriate strategies and recommendations useful to minimize occupational health and safety hazards. It describes the sources of hazards and recommended strategies for the prevention of risks associated with over-exertion, slips and falls, work in heights, struck by objects, and working in confined spaces and excavations in construction and decommissioning sites. These recommendations of the EHS guidance are highly applicable for the CRFM subprojects and would need to be considered during course of subproject implementation. 4.6.4 EHS Guideline for Construction Materials Extraction The EHS guideline for construction materials extraction was consulted during the development of the present ESMF for it consists of recommended mitigation actions applicable to the CRFM project. Relevant recommended actions from the EHS guideline for construction materials extraction are applied in the proper sections of the present ESMF. MWRI Page 89 Draft ESMF for Climate Resilient Flood Management Project (CRFM) 5 ENVIRONMENTAL AND SOCIAL RISK MANAGEMENT PROCESSES 5.1 Roles and Responsibilities in the ESMF Implementation Process The lead responsibility for the overall coordination and implementation of the CRFM project lies with the Ministry of Water Resources and Irrigation (MWRI), as part of which a Project Implementation Unit (PIU) will be established. It is necessary that the PIU is staffed adequately and permanently with one environmental and one social risk management specialist, who will be spearheading the implementation of the ESMF process throughout the project life. The proposed organogram for the CRFM project implementation arrangement (see fig 7 below) includes two environmental and social specialists in the PIU team to serve both the CRFM and GW4R projects. The Planning and Water Resource Directorates of MWRI are reported to also have an environmental safeguards unit staffed with environment and social development specialists. As the PIU and its environment and social risk management staff will be in charge of implementing the ESMF process in all applicable CRFM financed subprojects, it will need to have an E & S risk management staff working full time in the PIU. The PIU environmental and social risk management specialists will be responsible to oversee the environmental and social risk management issues in relation to all CRFM financed subprojects. The PIU will need to work in close collaboration with the procurement specialists of the PIU, the M&E Specialist, the technical specialists and stakeholder institutions as well as the counterparts in the state ministries. As the CRFM is going to be implemented in many states and counties of the South Sudan resulting in a number of subproject activities spread in different parts of the country, it will be important that the CRFM project beneficiary state ministries for water resource and irrigation involved in subproject implementation should assign focal persons for environment and social risk management. MWRI Page 90 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Figure 5: Proposed institutional arrangement for ESMF Implementation 5.2 Overview of Subproject categorization and the ESS requirements The ESMF is designed to support the application of World Bank ESS in combination with applicable South Sudan legislation related to environmental management and conservation. ESS1 on Assessment and Management of Environmental and Social Risks and Impacts is among the standards applicable to the CRFM project and thus the relevant principles in relation to subproject categorization are briefly outlined as follows. The CRFM being a project which consists of a series of sub-project activities whose sites will be determined and implemented in several places across the country, the risks and impacts cannot be fully determined until the subproject location and design details have been identified. For such projects as CRFM involving multiple small subprojects that are identified, prepared and implemented during the course of the project, the client (i.e. MWRI) is required to carry out appropriate environmental and social assessment of the subprojects, and prepare and implement such subprojects, as follows: (a) High Risk subprojects, in accordance with the ESSs; MWRI Page 91 Draft ESMF for Climate Resilient Flood Management Project (CRFM) (b) Substantial Risk, Moderate Risk and Low Risk subprojects, in accordance with National law and any requirements of the ESSs that the Bank deems relevant to such subprojects. Where subprojects are likely to have minimal or no adverse environmental or social risks and impacts, such subprojects do not require further environmental and social assessment following the initial scoping. In consideration of the overall environmental and social baseline setting of the project areas in conjunction with the proposed nature of subproject activities to be implemented, the environmental and social risk assessment carried out as part of the present ESMF preparation has determined that both the environmental and social risk rating of the project is “High”. Hence, MWRI will be required to undertake the appropriate environmental and social assessment of subprojects falling under “High” risk category in accordance with the Environmental and Social Standards (ESSs) of the World Bank Environmental and Social Framework (ESF). The assessment of subprojects will need to be consistent, among others, with the following essential ESS 1 requirements. The assessment of subprojects should be proportionate to the potential risks and impacts of the subprojects, and will assess, in an integrated way, all relevant direct, indirect and cumulative environmental and social risks and impacts throughout the project life cycle, including those specifically identified in ESSs 2–8 &10 of the ESF. The environmental and social assessment should also be an adequate, accurate, and objective evaluation and presentation of the risks and impacts, prepared by qualified and experienced persons. MWRI will ensure that the environmental and social assessment of subprojects takes into account in an appropriate manner all issues relevant to the project, including: (a) The country’s applicable policy framework, national laws and regulations, and institutional capabilities (including implementation) relating to environment and social issues; variations in country conditions and project context; and obligations of the country directly applicable to the project under relevant international treaties and agreements; (b) Applicable requirements under the ESSs (2-8 and 10); and MWRI Page 92 Draft ESMF for Climate Resilient Flood Management Project (CRFM) (c) The EHSGs, and other relevant Good International Industry Practice (GIIP). The environmental and social assessment will apply a mitigation hierarchy which will: (a) Anticipate and avoid risks and impacts; (b) Where avoidance is not possible, minimize or reduce risks and impacts to acceptable levels; (c) Once risks and impacts have been minimized or reduced, mitigate; and (d) Where significant residual impacts remain, compensate for or offset them, where technically and financially feasible. The environmental and social assessment will also identify and assess, to the extent appropriate, the potential environmental and social risks and impacts of Associated Facilities. 5.2.1 Risk Categorization of Technical Assistance (TA) Subprojects The CRFM project components also consists of the following Technical Asiistance (TAs) subcomponent with the following typologies Type 1 TAs: ➢ (i) Develop national technical standards and guidelines related to the project (e.g., climate resilient flood protection, water storage structures, retention/infiltration basins), ➢ (ii) Establish procedures for review and approval of technical and financial feasibility studies, and for oversight of environmental and social risks associated with water resources management investments, (Subcomponent 1.2). ➢ Preparing feasibility studies, environmental and social impact assessments, and engineering designs for flood management infrastructure in targeted river sub-basins that will provide a pipeline of investments for the project (Subcomponent 2.1). Type 2 TAs: ➢ Develop national water resources master plan that links water sector actions with broader development, peace and stability goals and identifies priority water sector investments needed to achieve these goals. (Subcomponent 1.1) MWRI Page 93 Draft ESMF for Climate Resilient Flood Management Project (CRFM) ➢ Legal, regulatory, and institutional framework for climate resilient water resources management. (iii) Develop a regulatory framework for riparian buffer zones to prevent land degradation, (iv) undertake strategic studies to address knowledge gaps within integrated water resources framework, (v) Facilitate consultations on revisions to the 2013 Water Bill and accompanying legislation to enhance coordination across governance levels for water resources management and align the water sector policy and regulatory framework for climate resilient planning across scales. (Subcomponent 1.1) Type 3 TAs: Sub-component 1.4: National and sub-national (state and county) institutional strengthening and capacity building. This sub-component will support various capacity building activities at national and sub-national levels including training and capacity building on (i) flood infrastructure technical aspects, including design standards, dam and embankment safety, technical review and management, operation and maintenance (O&M) and (ii) integrated water resources management, including transboundary waters management. As with any project to which the ESF applies, IPF-financed TA activities need to be evaluated for purposes of project risk classification. The relevant risks that need to be assessed are not simply the impacts resulting from the TA activities themselves (which would in most cases be minimal) but also the potential downstream environmental and social implications that may arise when and if the TA leads to future investments. Hence, for example, if a TA project supports aspects of the design of a future major infrastructure investment, the risk classification of the TA should reflect the expected risks associated with the infrastructure the TA is helping to design. Following the identification of the TA typology and subsequent risk classification exercise, the following actions are advised to be taken to ensure that the TA subproject are carried with due consideration to the ESF requirements’ The recommended actions includes; ➢ Where Type 1 TA supports detailed technical design, it may be an intended output of the TA to prepare a suite of Bank policy-compliant Environmental and/or Social (E&S) instruments for the eventual investment. TORs for environmental and social studies, MWRI Page 94 Draft ESMF for Climate Resilient Flood Management Project (CRFM) communication strategies, and E&S specialists could be prepared in advance – particularly for high and substantial risk projects ➢ Where Type 1 TA supports feasibility studies it may be sufficient to agree with the Borrower on TORs for the feasibility studies that ensure that relevant environmental and social issues are taken into account in conducting the studies in a manner that is consistent with the ESF. ➢ Where Type 2 TA provides advice on the development of policies or strategies with potentially significant downstream E&S impacts, it will again be important to agree on TORs that will ensure that the planning process includes adequate assessment of environmental and social implications and that the advice provided through the TA for addressing those implications is consistent with the ESF. In addition, Where Type 2 TA provides advice on TA studies supporting policies, plans and programs are often ideally suited to apply strategic environmental and social analysis (SESA) tools and cumulative impact assessments. ➢ For capacity building in Type 3 TA, the Bank team should review the activities towards which the capacity building is being directed, to determine the extent to which these relate – if at all – to matters covered by the ESF. If there is such a relationship, the TORs for the capacity building should be designed accordingly. 5.3 PROCESS AND PROCEDURES OF THE ESMF Step 1: Screening The first step is the screening process to determine the environmental and social aspects of sub- project so as to ascertain the type of environmental and social assessment required in accordance with ESS1 and consistent with the ESSs. The objectives of screening are to (i) briefly identify the environmental and social risks and impacts of a subproject; and (ii) determine the type/s of mitigation measures, (iii) specific plan(s) or safeguard instrument(s) to be prepared based on the outcomes of the screening; (iv) identify eligible or ineligible project activities for further or no MWRI Page 95 Draft ESMF for Climate Resilient Flood Management Project (CRFM) environmental and social assessment, respectively. This is done by analyzing the proposed activities in relation to their environmental & social context using a checklist approach. An Environmental and Social Screening form is provided in Annex 1. It is essential to state that, the project has been classified as High Risk. Nonetheless, the screening process of individual CRFM subprojects will inform decision makers and the project management of the real nature and extent of potential environmental and social risks and impacts that will arise as a result of subproject activities at the specific site location as well as biophysical & social setting. It is anticipated that some CRFM subprojects may have substantial, moderate or low potential E&S risks. For the purpose of avoiding significant environmental and social risks at the planning stage, the following criteria would be applied to exclude subprojects from financing by Component II. These are: ➢ Construction of flood control infrastructures in environmentally sensitive areas such as National Parks, fragile ecosystems, and wildlife reserve. ➢ Subprojects causing significant conversion or degradation of critical natural habitats or critical cultural heritage sites; ➢ Activities that may cause long term, permanent and/or irreversible impacts. ➢ Activities that may have significant adverse social impacts and/or may give rise to significant social conflict. ➢ Land acquisition and/or resettlement of a scale or nature that will have significant adverse impacts on affected people, or the use of forced evictions; ➢ Activities that involve the use of forced or child labor; The environmental and social screening will occur during the early planning for CRFM subprojects, as soon as the likely site locations and designs are known for the sub-projects. The screening form will be completed by the project E&S specialists in conjunction with technical staff who will be trained in the use of the checklist and fundamentals of what could constitute environmental and social risk. At the National level, the PIU, through its Environmental and Social specialists, will take lead on environmental and social screening of identified sub-projects. MWRI Page 96 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Step 2: Assigning of Environmental and Social Risk Classification Assigning of appropriate environmental and social risk classification to a sub-project activity shall be based on information obtained by completing the environmental and social screening form (Annex A). The PIU E&S specialists shall undertake the environmental and social screening process and assign the appropriate risk classification for the subproject (s) – Low, Moderate, Substantial or High. The classification should be assigned based on the criteria provided in Annex B: Guidance for subproject risk categorization. Even though the South Sudan Environmental Protection Bill (2013) allows for some screening decision to be made based on a Project brief document (i.e. a document supposed to be equivalent with an E&S screening report), it is still at draft stage and has not been enacted by the legislative body of the South Sudan to become a binding law. Thus, the project will adhere to the World Bank guidance for subproject risk classification in the absence of a legally binding national system. Step 3: Environmental and Social Assessment Upon review and approval of the screening report and risk rating, the PIU will consult with the World Bank and decide on the type of additional E&S instrument to be undertaken. This is likely to be an Environmental and Social Impact Assessment (ESIA) for high and substantial risk or an Environmental and Social Management Plan (ESMP) for moderate or low risk (if any). The ESIA Study will entail a systematic investigation of all risks and impact areas as identified in the screening report. For High and Substantial risk subprojects, the environmental assessment will have to fulfill ESS 1 requirements described under section 5.2 above. Again, the South Sudan draft Environmental Protection Bill (2013) allows for decision to be made on the level of environmental assessment to be made based on the Project brief document (i.e. a document likely to be equivalent with an E&S screening report). Such decisions would have involved whether the subproject will need to further prepare an EIA or a preliminary environmental assessment to provide more information to determine a screening decision. However, the draft environmental protection bill is still at draft stage and hasn’t been enacted by the legislative body to become a national binding law. Thus, subprojects having moderate E&S risk category will have to follow World Bank procedures for determining the type of instruments to be prepared. MWRI Page 97 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Step 4: Review and Approval The E&S Instruments (i.e. ESIA or ESMP) prepared will be reviewed by the Environmental and Social Specialists of the PIU. Thereafter they will be submitted to the World Bank for review and comment. When the World Bank ensures that all comments are addressed, it would give approval and clear the document. Once cleared by the World Bank, the ESIA or ESMP will be submitted to the Directorate of Environment and Sustainable Development of the Ministry of Environment and Forest of South Sudan for obtaining a “Letter of no objection”. The Ministry shall review the draft environmental and social impact study and provide the project proponent with written comments. After review of the draft environmental social impact study and the Ministry is satisfied that it is complete, it will issue a “Letter of no objection” for the ESIA study report. Where the Environmental and Social Impact Assessment study report is found to be inadequate, the Ministry shall return it to the proponent for revision, taking into consideration the comments and objections of the Ministry of Environment and Forest. Step 5: Public Consultations and Disclosure Public consultations are required during the screening and the environmental and social assessment process and during the validation of the ESIA/ESMP. Public consultations should be conducted in a manner accessible to all project stakeholders including disadvantaged groups given reasonable notice, and taking into account the guidance set out in the project SEP and any other relevant guidance such as Covid 19 guidelines, the Technical Note: Public Consultations and Stakeholder Engagement in WB-supported operations when there are constraints on conducting public meetings. Supporting evidence of comprehensive public consultations shall be required, such as signed minutes of consultation meetings, attendance lists and filled questionnaires. The results of public consultations shall be incorporated and or influence the design of mitigation and monitoring measures. ESIA reports for the subproject shall be disclosed in-country by the PIU and in formats that are accessible to all project stakeholders and on the World Bank info shop website. Step 6: Monitoring, Supervision and Reporting Environmental and social risks and impacts monitoring seeks to check the effectiveness and relevance of planned mitigation measures through the implementation/operation phase. The PIU MWRI Page 98 Draft ESMF for Climate Resilient Flood Management Project (CRFM) will monitor the environmental and social performance of the project in accordance with the Grant Agreement. The PIU Environment and Social specialists shall monitor implementation of E&S risk mitigation measures at the national level by coordinating and working closely with the E&S focal persons of the beneficiary state ministries for Water Resources and Irrigation. The E&S focal persons at state ministries will undertake regular supervision of the subprojects during implementation, and a contractor-ESMP (C-ESMP) report will be prepared before payment. The PIU E&S risk management specialists shall provide technical support to the state ministry E&S focal persons and ensure environmental and social screening process and C-ESMP development is undertaken appropriately. The PIU will provide regular reports, as set out in the ESCP, to the Bank on the results of the monitoring. Quarterly, biannual and annual environmental and social risk management monitoring reports must be prepared by the PIU in collaboration with the beneficiary state ministry environment focal persons. The environmental and social risk management monitoring reports should be submitted to the water sector steering committee, to MWRI and the World Bank for review. Such reports will provide an accurate and objective record of project implementation, including compliance with the ESCP and the requirements of the ESSs. Such reports will include information on stakeholder engagement conducted during project implementation in accordance with ESS10. The PIU in conjunction with the E&S focal persons of the beneficiary state ministry and the Contractors should notify the Bank promptly of any incident or accident (i.e. any serious injury or fatality) categorized as ‘severe’, within 48 hours to the World Bank. This may include cases of child abuse, gender-based violence, pesticide spills or misuse, diversion of pesticides or any dispute between local communities. The notification should provide sufficient details of the incident or accident, indicating immediate measures taken or planned to be taken to address its consequences, as well as any information provided by any contractor and supervising entity, as appropriate. Subsequently, as per the World Bank’s request, the PIU team shall prepare a report of the incident or accident and propose measures to prevent its recurrence. MWRI Page 99 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Step 7: Annual Reviews The implementation of E&S instruments will also be supported by conducting annual environmental and social performance audits (including audits of the implementation of ESIA/ESMPs) that will be carried out by a third party. The third-party annual environmental and social performance audits will be conducted on the CRFM subproject and associated facility activities to evaluate the overall implementation of the ESMF. The annual environmental and social performance audits will be considered to be the principal source of information to Project management for improving environmental and social performance. The annual review will identify changes that should be made in the ESMF and other instruments. It is expected that these annual performance audits will be carried out by registered and licensed independent consultant firm that is not otherwise involved in the Project. 5.4. Sub projects involving land acquisition or restriction of access to land use It may occur that some of the Component II subprojects might involve involuntary loss of assets or restriction of access to land use. Under such circumstances ESS 5 requires that borrowers prepare adequate resettlement planning instruments (RAP) prior to Bank appraisal of proposed subprojects. ESS 5 applies to all land acquisition and any changes in access to resources due to a subproject. ESS 5 aims to avoid involuntary resettlement to the extent feasible, or to minimize and mitigate its adverse social and economic impacts. A separate Resettlement Policy Framework (RPF) document is prepared for the CRFM project to provide guidance on the principles and procedures associated with implementation of ESS 5 requirements including the resettlement planning instruments (i.e., RAP). The RPF is intended to be applied in conjunction with this ESMF. In the event that there are differences between national legislation and ESS 5 requirements, the provision of the latter will prevail during project implementation. MWRI Page 100 Draft ESMF for Climate Resilient Flood Management Project (CRFM) 6 POTENTIAL ENVIRONMENTAL AND SOCIAL RISKS AND BENEFITS This chapter identifies the potential environmental and social risks and benefits that are likely to occur from the CRFM project activities. The main environmental and social risks and impacts of the CRFM project are likely to arise from subproject activities to be financed under Component 2 and to some extent from Component 1 and 3 as well. These include subproject activities such as the rehabilitation and construction of flood control infrastructures (subcomponent 2.2), development and installation of water information systems including hydrometric stations (subcomponent 1.3) as well as from the minor MWRI offices rehabilitation activities. The technical assistance subproject activities, such as financing feasibility studies, environmental and social impact assessments, and engineering designs for flood management infrastructure in targeted river sub-basins that will provide a pipeline of investments for the project (subcomponent 2.1),the development of water resource master plan (subcomponent 1.1), technical standards, guidelines and procedures (Subcomponent 1.2may lead to future physical investments that can have potential risks downstream. In consideration of the overall environmental and social baseline setting of the project areas in conjunction with the proposed nature of subproject activities to be implemented, the environmental and social risk assessment carried out as part of the present ESMF preparation has rated environmental and social risk of the project to be “High”. The adverse and beneficial environmental and social risks and impacts associated with the CRFM project subcomponent activities are described in the following section. 6.1 PROJECT BENEFICIAL ENVIRONMENTAL AND SOCIAL IMPACTS Flood Control Subprojects Minimizes and/or Prevents Downstream Flooding: Flooding is a recurrent phenomenon particularly at the height of the rainy seasons along the Nile Basin in South Sudan. This has been causing damages to human life, animals, property and livelihoods over the years. Flood control projects like dykes will thus greatly reduce or prevent the incidences of flooding mainly in the downstream areas. MWRI Page 101 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Reduces Health Problems and Health Care Expenses: Flooding results in the deterioration of health conditions through spread of waterborne diseases. By avoiding or minimizing flooded areas through flood control and protection projects, the expansion of infectious and water-based diseases will greatly be minimized or avoided. Flooding aggravates transport of contaminants from source to receptors. It could cause contamination of drinking water supplies if there is a path for flood water to enter the water supply system. Flooding also aggravates the problem of malaria infection by creating stagnant water where the disease-causing mosquito lurks and breeds. The proposed flood protection measures will avoid or reduce potential contamination of drinking water and associated health hazards. This, in turn, promotes the health and wellbeing of the inhabitants in the area, thereby lowering health-related expenses for treatment. Prevents Livelihoods of Inhabitants from damage: Flooding often damages the livelihood and economic activities of people and disrupts the subsistent production system particularly of small holder farmers and pastoralists. Flood protection and control infrastructures could minimize and prevent damaging floods destroying cropped farms and grazing lands and would help create the opportunity for farmers and livestock herders to sustain production safely and thereby augment their income by engaging in a bundle of supplementary activities. Avoids Community Displacement: Frequent flooding would result in loss of livelihoods, production and other prolonged economic impacts and sufferings that can trigger mass migration or population displacement. During heavy flooding, losses of human life, damage to property, and destruction of crops have occurred. Migration to urban areas contributes to the overcrowding in the cities/towns. These migrants swell the ranks of the urban poor and end up living in marginal lands in cities that are prone to floods or other risks. Therefore, flood control and protection infrastructures serve as a means to curb the magnitude of such problems. Creates Job Opportunities: One of the main positive impacts during project construction and operation phases is the employment opportunities that will be created especially for casual workers and several others. Employment opportunities are of benefit both socially and economically to women and unemployed youths in the rural settings. In an economic sense, it MWRI Page 102 Draft ESMF for Climate Resilient Flood Management Project (CRFM) means a number of skilled, semiskilled and unskilled local inhabitants and other citizens coming to project sites seeking jobs could obtain gainful employment opportunities during construction and operation phases of the project. 6.2 PROJECT ADVERSE ENVIRONMENTAL RISKS AND PROPOSED MITIGATION MEASURES 6.2.1 Project Impact during Construction Phase 6.2.1.1 Impact of Noise and Vibration on Communities and Wildlife Noise and vibration are caused by operation of heavy construction machineries and equipment including pile drivers, earth moving and excavation equipment, concrete mixers, lifting machines, and transportation of equipment, materials and people. As the flood control construction sites are likely to be situated along the selected river canals, the immediate receptors of noise and vibration impacts are anticipated to be mainly wildlife residing in the sub-projects influence areas and to a lesser extent communities around. Owing to the nature of construction, which presumably will apply heavy machineries extensively, the noise and vibration impacts will be significant and wildlife may be forced to migrate from their habitat. Wildlife use noise and vibration to navigate, find food, attract mates, and avoid predators. Therefore, in addition to being a nuisance to the wildlife, excess noise and vibration could affect communications, mating behaviors, hunting and survival instincts. Some wildlife is known to exhibit sickness from high pitch noises due to increased heartbeat, high blood pressure, and altered metabolism. The following mitigation measures are recommended to minimize noise and vibration impacts on wildlife and the communities around: ➢ Avoid using heavy construction machinery during night-time ➢ Carry out regular maintenance on the construction machineries ➢ Select transport routes to minimize noise pollution in sensitive areas ➢ Use non-mechanized construction where possible including the use of local labor ➢ Install noise silencer on the construction machineries ➢ When possible, select sub-project sites away from wildlife habitat during sub project screening. MWRI Page 103 Draft ESMF for Climate Resilient Flood Management Project (CRFM) 6.2.1.2 Impact on Air Quality Frequent movement of vehicles for delivery of construction materials to construction sites will generate a lot of dust especially during the dry seasons. Most of the project construction sites are expected to be remote and are accessed by gravel roads and dirt tracks. Vehicles transporting construction materials on these roads will generate dust especially during dry seasons. Also, operation of construction machineries and most construction activities are expected to release dust into the ambient air. Moreover, exhaust gases released from the construction machineries will cause the surrounding air quality to deteriorate. The main air pollutants expected during construction and transportation activities are particulate matter (PM10, PM2.5), nitrous oxides (NOx), carbon monoxide, carbon dioxide, sulfur dioxide, and ozone. Therefore, deteriorated air quality will pose a significant health impact on sub-project workers and local communities. The following mitigation measures are recommended to minimize impact on air quality: ➢ Regularly spray water to suppress the resuspension of dust during construction, particularly during use of gravel roads and dirt tracks. ➢ Conduct regular maintenance and servicing of construction vehicles and machineries to minimize air pollution; ➢ Minimize unnecessary idling of running diesel engines of machineries, vehicles and equipments. ➢ Limit the speed of vehicle movements to minimize dust 6.2.1.3 Impacts of building construction camps and other ancillary facilities There are different anticipated adverse impacts emanating from construction of ancillary facilities, such as camp sites, storage areas, garages, etc. The ancillary facility construction activities would also affect the environment by causing soil erosion and sedimentation leading to subsequent deterioration of water quality, dust, and noise pollution, compaction of soil, traffic accident on local community and workforce, generation and disposal of solid waste (household wastes & spoil material), competition for electricity, land use change and disfiguring of landscape, spillage of oils, lubricants and other chemicals. Thus, there could be adverse impacts MWRI Page 104 Draft ESMF for Climate Resilient Flood Management Project (CRFM) stemming from inappropriate management of waste disposal, air pollution, competition for water and electricity around these camp sites and ancillary facilities. To minimize the impacts, the following measures can be considered: ➢ Locate construction camps away from environmentally, socially, and culturally sensitive sites. ➢ Obtain the local authorities’ concurrence in locating construction camps. ➢ Provide necessary amenities in the construction camp. ➢ Provide proper waste collection skip and disposal means. ➢ Provide sufficient ingress and egress from/to the camp with internal roads and storm drainage structures. ➢ Provide first aid health care facility in the camp. ➢ Provide around the clock security personnel to prevent unauthorized entrance to the camps. ➢ Restrict or forbid workers in camps from fraternizing with local community members outside of working hours. 6.2.1.4 Impacts of borrow pits and quarry sites use Utilization of construction materials from borrow pits and quarries will result in extensive land disturbance including removal of indigenous vegetation at and around the borrow pits and quarries, alternation of the original topography including drainage patterns, ecological relationship will be irreversibly changed, and the biodiversity is reduced and their movements restricted. Further, unrehabillitated or open borrow pits and quarries will aggravate erosion, siltation of water bodies, permanent aesthetic intrusion/scarring, and results in community health and safety risks. Construction of some of the sub-projects (such as micro-dams and dikes) will require large volume of borrow fill materials and rocks. Further, access road construction to subproject sites (if required) will entail use of large volume of fill materials. The following mitigation measures are recommended for impact due to borrow pits and quarries: MWRI Page 105 Draft ESMF for Climate Resilient Flood Management Project (CRFM) ➢ Land clearing, removal of topsoil and excess materials, location of haul roads, tips and stockpiles, and blasting should be planned with due consideration to meteorological factors and location of sensitive receptors. ➢ Establishment of buffer zones from the edge of extraction areas, considering the characteristics of the natural habitats and the type of extraction activities; ➢ To reduce the consumption of land area and, consequently, the loss of soil, preference for extraction should be given to thicker deposits (these should be exploited as far as possible and as reasonable); ➢ Topsoil, overburden, and low-quality materials should be properly removed, stockpiled near the site, and preserved for rehabilitation; ➢ Selection of appropriate low-impact extraction (e.g. excavation, quarrying, and dredging) methods that should result in final site contours supportive of habitat restoration principles and final land use; ➢ Use of specific blasting plans; correct charging procedures and blasting ratios; to improve fragmentation and reduces ground vibrations; ➢ During extraction, ecological niches should be preserved and protected as far as possible; ➢ Affected land should be rehabilitated to acceptable uses consistent with local or regional land use plans. Land that is not restored for a specific community use should be seeded and revegetated with native species; ➢ Test pits, interim roads (internal and access), buildings, installations, and structures of no beneficial use should be removed, and the land should be appropriately rehabilitated ➢ Hydrological systems should be restored to predevelopment runoff rate. ➢ Exposed surfaces of stockpiled materials should be vegetated ➢ Assess land ownership and use around the borrow pit and follow the Resettlement Policy Framework (RPF) in case of any long-term or temporary resettlement impacts. 6.2.1.5 Impacts due to Construction Wastes Construction wastes include surplus and discarded materials from site clearing, excavation, construction, and demolishing. Wastes generated by associated construction activities such as vehicle lubricants and containers, oil filters, solvents, fuel, and other wastes from construction MWRI Page 106 Draft ESMF for Climate Resilient Flood Management Project (CRFM) camps, garages and stores can also be considered as construction wastes. For flood protection/control subprojects under the CRFM, it is predicted that large volume of surplus materials from clearing, excavation and fill work will form the major portion of construction waste generated. Also, surplus/discarded concrete, aggregates, reinforcement bars, pipes, etc. are expected from some of the construction activities. To minimize pollution due to wastes generated from project construction sites, the following mitigation measures can be considered: ➢ Wastes have to be properly transported and disposed to officially permitted and properly manage site ➢ Provide segregated waste receptacles within construction camps or storage areas ➢ Segregate and store hazardous waste in containers or specialized leak-proof plastic bags ➢ Provide spill containment storage volume ➢ Dispose hazardous materials only at designated disposal sites/facilities (if any) with permission from the concerned authorities and/or through licensed contractor. ➢ Never dispose used oil and filters to the ground, use leak proof containers ➢ Provide Material Safety Data Sheet (MSDS) at the hazardous materials storage at all times ➢ Aware the construction crew and operators on proper handling of hazardous materials ➢ Use appropriate PPE while handling hazardous materials ➢ Develop emergency spill or exposure procedures ➢ Vehicles hauling construction debris or other waste from the sub-project sites shall cover any open load with a tarpaulin or other secure covering to minimize dust emissions and dropping of debris. 6.2.1.6 Impact of Construction on Soil Quality Construction of embankments, dykes, small dams, infiltration basins, wetland restoration as well as hydrometric stations will adversely affect the quality of soil. Construction activities at sub- project sites will result in the mixing and compaction of soil layers thus disturbing natural soil structure and reducing the ecological function of the soil. Earthwork (cuts and fills), compacted fills and hydraulic structures modifying surface water and groundwater movements, compaction MWRI Page 107 Draft ESMF for Climate Resilient Flood Management Project (CRFM) of soil due to movement of machineries and vehicles, and erosion of exposed soils/slopes due to clearing are some of the causes and impacts on soil quality. The following mitigation measures are recommended to minimize impact on soil quality ➢ Top soil stripped should be stockpiled for rehabilitation of the area later ➢ Restore the nutrient rich top soil to its original level upon completion of construction works ➢ The topsoil should be uniformly spread onto areas to be rehabilitated ➢ As much as possible, use existing access roads ➢ As much as possible locate access roads out from farm fields and should be rehabilitated once their use is completed 6.2.1.7 Impact on Surface Water Resources Construction work within or adjacent to watercourses has the potential for reducing water quality due to increased sediment and pollutant loads. Sediment load in surface water resources exceeding the natural levels will result not only in deteriorated water quality but also reduces the flow carrying or storage capacity of the surface water bodies by reducing available area of flow or storage. This in turn modifies the surface water hydrology. Construction wastes, debris as well as oil and fuel spills, if not properly managed, could result in surface water pollution. Any construction activity that results in soil erosion will also ultimately result in sedimentation of receiving water bodies. For instance, construction of embankments, dykes, small dams, infiltration basins, wetland restoration as well as hydrometric stations will increase sediment yield downstream. Clearance of river side vegetation will also result in increase of river water temperature which may result in the changes of the river ecology. Contamination of surface water will occur due to spillage, leakage of chemicals and oils and other hazardous materials used for the maintenance of construction vehicles at the construction sites. The following mitigation measures are recommended to minimize project impact on surface water resources. ➢ Maintain controlled flow in rivers and streams to allow downstream movement of water, sediment, and other transported materials that form the natural surface water system MWRI Page 108 Draft ESMF for Climate Resilient Flood Management Project (CRFM) ➢ Construction wastes, other debris and oil spills shall be prevented from entering the nearby drainage system; ➢ Protect water body ecosystem by properly managing construction wastes that will be generated during project civil works; ➢ Provide secondary containment to hold on accidental spillage and prevent it from entering nearby water bodies and soil. The secondary containment should have the capacity to match or exceed the volume of fuel, solvents, and other materials to be contained. ➢ Use a proper fueling nozzle or funnel to avoid splashing fuel during filling of vehicles and machines. ➢ During filling of vehicle/machine tanks, monitor the progress of the filling so that it will not spillover. Also, let the nozzle or funnel drain before pulling out. ➢ Develop emergency response work instructions to manage accidental oil and chemical spills. ➢ Involve community members in downstream water quality monitoring. 6.2.1.8 Impacts due to Channel Smoothing and Clearing Riverine Vegetation River channel smoothening and clearing riverine vegetation will reduce the roughness of a river (Manning’s roughness) and increase the available cross-sectional flow area of the river and can also result in changes of channel morphology downstream and even upstream. This will result in increased flow of runoff/flood and ultimately in enhanced capacity of the rivers to carry/convey floods. On the other hands, smoothened rivers and cleared aquatic vegetation will eliminate or affect aquatic habitats. Aquatic vegetation is often a source of food and oxygen for many aquatic animals (microorganisms, vertebrates, and invertebrates). Unsmoothed river courses and aquatic vegetation provide spawning, nursery, refuge, and foraging areas for many aquatic organisms. Thus, river channel smoothing and clearing of riverine vegetation will adversely affect aquatic organisms and fisheries by disrupting or eliminating their habitats. Most of the sub-projects will be implemented in, across, along or close to surface water bodies such as rivers. Therefore, associated impacts could also include scouring , bank erosion and sediment deposition. . MWRI Page 109 Draft ESMF for Climate Resilient Flood Management Project (CRFM) The following mitigation measures are recommended to reduce the impacts of river smoothening and clearing riverine vegetation: ➢ Aquatic organisms and fishery habitat along river courses should be carefully identified and these types of activities on the identified sites should be minimized. ➢ Minimizing removal of native plant species or riverine vegetation. 6.2.1.9 Impact on Soil and Groundwater due to Disposal of Dredging Spoils Dredging involves removal of accumulated silt or sediment from a river course or lake/pond with the aim of increasing the flow/water carrying and conveying capacity of the water body thereby decreasing flooding risks. Dredging spoil/waste is composed of different size grains (from silt to large solids) and hazardous compounds such as heavy metals (mercury, lead, zinc, copper), arsenic, hydrocarbon compounds, etc. Physical and chemical composition of dredging waste is governed by the hydrogeology of the catchment, vegetation of the catchment, and historical anthropogenic contaminants release into the river system. It is, therefore, very important to carefully select how dredging waste is temporarily stored, transported, and disposed since it has environmental consequences on soil and groundwater. If the dredging waste has hazardous compounds, then it will entail contamination of soil and groundwater which in turn affects flora, fauna, and people’s wellbeing and health. Dredging wastes also have a sludge and leachate components which have their own impacts on the environment. For instance, the leachate part is more susceptible for soil and groundwater contamination since it can seep through the soil easily. Further, it can carry and transport hazardous compounds from source to receptors. To minimize the impact on soil and groundwater due to disposal of dredging spoils/wastes, the following mitigation measures are recommended: ➢ Identify the physical and chemical composition of the dredging waste before removal. ➢ Based on the physical and chemical composition of the dredging waste, identify appropriate removal and temporary storage methods and locations. ➢ When transporting dredging waste to disposal site, care shall be taken to use a leakage free method so that dredging leachate will not escape. MWRI Page 110 Draft ESMF for Climate Resilient Flood Management Project (CRFM) ➢ The contractor should dispose the dredged spoils on a site dedicated for this purpose and officially permitted. ➢ The contractor should liaise with the concerned local authorities to aware them of the risks/impacts of the dredging waste and assist them (if needed) in selecting and preparing appropriate disposal site, depending on its contents. 6.2.1.10 Impact on Terrestrial Flora Clearing of vegetation for construction of dyke / earth embankment, small dams, infiltration basins, wetland restoration as well as hydrometric stations, across rivers, streams and drainage channels will result in the loss of vegetation cover and flora species of biodiversity importance. Flood retention structures will take land for the structure themselves and for impounded water behind the structures. Some subprojects could temporarily take up considerable land for reservoir impoundment. Also, as indicated in the earlier section, clearing of riverine vegetation to increase flood carrying capacity of rivers and drainage channels will result in loss of the aquatic flora and fauna species. To minimize impacts on flora, the following mitigation measures are recommended: ➢ Survey of sub-project areas shall be done by botany specialists (or biologists) prior to construction to identify, protect, or preserve endangered plant species. ➢ Construction of dike, small dams, infiltration basins, wetland restoration as well as hydrometric stations, on a known areas of biodiversity significance such as parks and natural reserve areas should be avoided or minimized. ➢ Plant indigenous trees in open spaces, along river banks, and/or other disturbed areas ➢ Monitor for any unusual or invasive aquatic species and remove such species when seen. 6.2.1.11 Impact on Terrestrial Fauna The river banks where flood control structures are planned to be constructed could be important wildlife habitat. This is specially so when the river crosses national parks and wildlife reserves. Construction of the flood control structures will disturb wildlife habitat, force them to migrate from its natural habitats and also hinder their free movements. CRFM subprojects could also take MWRI Page 111 Draft ESMF for Climate Resilient Flood Management Project (CRFM) place in areas where threatened wildlife exists. Also, construction material sources (borrows and quarries) and access roads could be located in areas of significant flora and fauna genetic resources. Vegetation clearing, flood control structure and storage sites could take up wildlife habitats. Most of the planned sub-project activities may affect habitats where threatened fauna may reside. The following mitigation measures are recommended to minimize the impact. ➢ During sub-project planning, consult or involve the state/county biodiversity or ministry of environment and forest office to identify important biodiversity and genetic resource in the sub-project influence area. ➢ Identify wildlife habitats and avoid construction of flood control structures in or near the identified habitats; ➢ Provide alternate passage for important wildlife habitats to ensure free movement of wildlife ➢ Design and construct wildlife access to avoid or minimize habitat fragmentation. ➢ Consider re-vegetating the affected biodiversity and genetic resource in close consultation with the concerned state and county local bodies. 6.2.1.12 Impact on Aquatic Fauna and flora Aquatic fauna includes microorganisms, vertebrates, and invertebrates. As indicated in earlier impacts, construction of dyke / earth embankment, Small dams / haffirs, infiltration basins, wetland restoration as well as hydrometric stations, will alter the aquatic habitats including aquatic flora on which the fauna depends for breeding, food, and shelter. Further, river channel modifications and reduction/elimination of floodplains could affect both the rooted aquatic plants and the aquatic fauna of significant biodiversity importance. Temporary storage of water behind flood control structures will restrict movement of aquatic fauna and affect their eating and breeding patterns. Moreover impoundments will likely have different algal communities, some of which may have adverse impacts if the water is nutrient-enriched. The following mitigation measures are recommended to minimize the impact of sub-projects implementation on aquatic fauna: ➢ Conduct biodiversity assessment and prepare biodiversity management plan. MWRI Page 112 Draft ESMF for Climate Resilient Flood Management Project (CRFM) ➢ Construction of embankments and modification in river courses reach of biodiversity and genetic resource should be avoided to the extent possible. ➢ Consider providing structures that allow movement of aquatic fauna such as fish ladder. ➢ Where practical, consider restoration of aquatic habitats upstream or downstream of the flood protection structures and replenish with the aquatic species available before subprojects intervention. ➢ Reduction and elimination of floodplains should be avoided to the extent possible to protect habitats of threatened aquatic fauna. ➢ Monitor for any unusual or invasive aquatic species and remove such species when seen. 6.2.2 Project Impact during Operation Phase 6.2.2.1 Impact on the River Regime and Aquatic Habitat Sub-project activities such as operations of dyke / earth embankment, Small dams / haffirs, infiltration basins, wetland restoration as well as hydrometric stations entailing clearing of aquatic vegetation, dredging, paving of waterways, and widening of river courses will result in modification of river regimes/hydrology and associated habitats. Further, some flood protection/retaining structures to be operated will temporarily hold flood thereby changing the natural hydrological cycle of the rivers/streams. Aquatic habitats are used to and function with the natural river regimes and any changes to it will adversely affect the habitats. Therefore, river regime modification occurring during operational activities is expected to disrupt fishery and other aquatic species by changing channel morphology down stream and even upstream and by changing the natural flow regimes. Channel irregularities provide spawning, nursery, refuge, and foraging locations for aquatic organisms. Aquatic organisms are accustomed to the natural river regime and changes to it will affect their breeding and foraging patterns. The following mitigation measures are recommended to minimize impact on river regime and aquatic habitats. ➢ As much as possible, avoid modification of river courses or regimes identified as a breeding site for fishery and aquatic species. ➢ As much as possible, avoid modification of river regimes in areas where recession agriculture and grazing are practiced by the local communities. MWRI Page 113 Draft ESMF for Climate Resilient Flood Management Project (CRFM) ➢ Allow sufficient opening or waterway to allow movement of aquatic species ➢ Compensate loss of aquatic species through re-introducing the lost aquatic species ➢ Monitor for any unusual or invasive aquatic species and remove such species when seen. ➢ Calculate and release water from impoundements to maintain base environmental flows and minimize downstream impacts. 6.2.2.2 Impact on Groundwater Resource Floodplains slow movement of flood and temporarily store flood water. This will allow recharge of the local aquifers, particularly shallow unconfined aquifers. Groundwater stored in the floodplains during wet seasons will be discharged to rivers during dry periods. This replenishment of the river system will allow groundwater-surface water interaction (recharge- discharge). Floodplains, therefore, serve as important sources for surface waters during dry periods. Construction and operation of flood protection structures such as dikes and embankments will reduce or eliminate floodplains which in turn results in reduction of groundwater recharge and discharge. Introduction of drainage channels in the flood plains is expected to reduce or eliminate floodplains which in turn affect groundwater levels and recharge. The following mitigation measures are recommended to minimize impact on groundwater resource. ➢ Avoid elimination of floodplains, particularly in areas (including downstream areas) where groundwater resource is limited or in use. ➢ Carry out watershed management programs at the upper catchment to compensate the reduction in groundwater recharge due to elimination of the floodplains. ➢ Release (if necessary, frequently) controlled downstream flow to enable groundwater recharge ➢ Consider artificial recharge of groundwater in areas where flood control measures are implemented to replenish the groundwater. 6.2.2.3 Impacts on recession agriculture due to reduced or eliminated floodplains Floodplains provide a number of biological and socio-economic benefits. Floodplains are often used for recession agriculture and many communities’ livelihoods depend on them. Floodplains create recreational opportunities because of their scenic value and support of aquatic wildlife. MWRI Page 114 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Floodplains provide invaluable resources for scientific research and education. Flood control sub-projects such as dyke / earth embankment, small dams, and infiltration basins will reduce or eliminate floodplains, affecting recession agriculture based livelihoods and other environmental benefits stated above. The following mitigation measures are recommended to minimize the impact of reduced or eliminated floodplains: ➢ Avoid completely drying up or eliminating floodplains ➢ Maintain the natural flood cycles ➢ Water drained out and released from flood plain should be temporarily stored in retention ponds and reused. ➢ Prepare comprehensive socio-economic baseline and effects assessment on reduced or eliminated flood plain subcomponents, 6.2.2.4 Aesthetic Impacts due to Paving of River Channels Paving of river channels to reduce or eliminate factors that retard flow can pose many aesthetic and ecological problems. Some sub-projects will involve river channel modification which includes paving of river channels (particularly near or around hydraulic structures) to reduce the roughness of the river and enhance its flood conveyance capacity. However, paved river channels disrupt the scenic nature of rivers thereby reducing their aesthetic values. The following mitigation measures are recommended to minimize impacts due to paving of river channels: ➢ Avoid paving of river channel on the river stretch of ecological value, risk of flooding downstream, geological features suitable for groundwater recharge, and aesthetic value. ➢ Consider flood speed control measures downstream of the structures. 6.2.2.5 Cumulative Impacts CRFM Component-II sub-projects may individually have manageable adverse environmental and social impacts. However, several sub-projects in combination could have significant cumulative impacts at basin and sub-basin levels. Water resource development projects financed MWRI Page 115 Draft ESMF for Climate Resilient Flood Management Project (CRFM) by earlier phases of ECRP-I&II and other donors could be in progress. Further, the development of water resource master plan under Component I will also identify priority water sector investments that would be carried in the short, medium and long term in the CRFM project influence areas and beyond. The combined and synergistic cumulative effect of these multiple projects on the environment at basin and sub-basin levels would be of high concern. Although it is difficult to determine the cumulative impacts of CRFM sub-projects and other current and future priority projects to be proposed by the water resource Master plan at this stage, it should be accounted once the sub-projects are identified and developed. The following mitigation measures are recommended to minimize cumulative impacts of implementing sub-projects and other development projects: ➢ Conduct Strategic Environmental and Social Assessment (SESA) during the development process of the Water Resource Master Plan to consider project alternatives, cumulative impacts, and E&S Sustainability issues. ➢ Take into account existing and future development projects within the basin when choosing sub-project sites that will minimize cumulative impacts; ➢ Assess the cumulative impacts of implementing and operating sub-projects in combination with other current and future projects in the basins. ➢ Implement mitigation measures recommended through cumulative environmental assessments during sub-projects implementation. 6.2.2.6 Impacts due to dismantled structures or materials during decommissioning At the end of sub-projects life cycle, there could arise a need to dismantle structures or materials such as removing dyke / earth embankment, small dams / haffirs as well as hydrometric stations etc. Dismantling of these structures will have its own environmental consequences and thus it should be accounted during decommissioning. The following mitigation measures are recommended to minimize impacts due to dismantled structures and materials during sub-projects decommissioning: ➢ Prepare impact assessment. ➢ Consider rehabilitating or upgrading the sub-projects to increase their service life. MWRI Page 116 Draft ESMF for Climate Resilient Flood Management Project (CRFM) ➢ Properly dispose dismantled structures and materials at designates sites approved by the concerned local authorities. ➢ Restore or rehabilitate the sub-project sites to its natural state after dismantling structures. 6.2.3 Occupational Health and Safety Hazards/Risks (During Construction & Operation phases) Building of dykes / earth embankment, small dams, infiltration basins, wetland restoration as well as hydrometric station subprojects requires several workers to engage in construction and related activities. Construction is a high-risk and accident-prone occupation, and this is particularly so when it is carried out in the absence of basic safety measures. When the labor force is subject to work under poor working conditions, accidents, injuries and other occupational health hazards will inevitably occur. These safety hazards can, however, be minimized or avoided by instituting the necessary protective measures and precautions. In relation to flood control and management interventions, accidents may occur at the construction sites, project-related borrow pits and quarries. Workers participating in construction and operation of flood control physical infrastructure project activities may be exposed to various occupational accidents and health risks due to low level of awareness on safety precautions and lack of personal protective equipment (PPE). The occupational accidents and health risks to be encountered would involve major and minor injuries including fatalities. There is thus a need to provide general safety training/orientation to physical flood protection infrastructure workers at the start of the subproject implementation and equip them with the necessary PPEs to avoid OHS risks. Sub-project contractors should prepare OHS plan for the site or comprehensively include OHS requirements in the C-ESMP. Further, contractors should have health and safety officers in their teams. The following are brief descriptions of the OHS risks that could be commonly encountered during subproject implementation: MWRI Page 117 Draft ESMF for Climate Resilient Flood Management Project (CRFM) 6.2.3.1 Overexertion Over-exertion, and ergonomic injuries and illnesses, such as repetitive motion, and manual handling, could be among the most common causes of injuries in construction sites. Recommendations for their prevention and control include: • Training of workers in lifting and material handling techniques in physical flood control infrastructure subprojects, including the placement of weight limits above which mechanical assists or two-person lifts are necessary. • Planning work site layout to minimize the need for manual transfer of heavy loads • Selecting tools and designing work stations that reduce force requirements and holding times, and which promote improved postures, including, where applicable, user adjustable work stations • Implementing administrative controls into work processes, such as job rotations and rest or stretch breaks. 6.2.3.2 Drowning As the CRFM project involves implementation of sub-projects that involve construction and operation activities in and around water bodies, the construction crew and sub-project operators are exposed to risk of drowning during the various construction tasks. Drowning is a major occupational hazard that often results in fatalities and should be addressed properly. Recommended methods for the prevention of drowning include: ➢ All work areas around water bodies (rivers, storage facilities, etc) should have edge protection or barriers to prevent risk of falling-in and drowning. ➢ All work near the edge or in water bodies should be done in such a way that risk of drowning is avoided. ➢ Arrangement for emergency medical treatment, life jackets, and lifesaving equipment should be provided for work to be done near water bodies. ➢ Emergency procedures in the event of drowning should be considered. MWRI Page 118 Draft ESMF for Climate Resilient Flood Management Project (CRFM) 6.2.3.3 Slips and Falls Slips and falls associated with liquid spills, and uncontrolled use of cords and ropes on the ground, may be among the most frequent cause of lost time accidents at construction work sites. Recommended methods for the prevention of slips and falls include: • Implementing good house-keeping practices, such as the sorting and placing loose construction materials or demolition debris in established areas away from foot paths. • Cleaning up excessive waste debris and liquid spills regularly. • Locating cords and ropes in common areas and marked corridors. • Use of slip retardant footwear. 6.2.3.4 Work at Heights Falls from elevation associated with working with ladders, scaffolding, and partially built or demolished structures are among the most common cause of fatal or permanent disabling injury at construction and related works sites. If fall hazards exist, a fall protection plan should be in place which includes one or more of the following aspects, depending on the nature of the fall hazard: • Training and use of temporary fall prevention devices, such as rails or other barriers able to support a weight of 200 pounds, when working at heights equal or greater than two meters or at any height if the risk includes falling into operating machinery, into water or other liquid, into hazardous substances, or through an opening in a work surface. • Use of control zones and safety monitoring systems to warn workers of their proximity to fall hazard zones, as well as securing, marking, and labeling covers for openings in floors, roofs, or walking surfaces. 6.2.3.5 Struck by Objects Construction activities may pose significant hazards related to the potential fall of materials or tools, as well as ejection of solid particles from abrasive or other types of power tools which can MWRI Page 119 Draft ESMF for Climate Resilient Flood Management Project (CRFM) result in injury to the head, eyes, and extremities. Techniques for the prevention and control of these hazards include: • Using a designated and restricted waste drop or discharge zones, and/or a chute for safe movement of wastes from upper to lower levels. • Conducting sawing, cutting, grinding, sanding, chipping or chiseling with proper guards and anchoring as applicable. • Wearing appropriate PPE, such as safety glasses, hard hats, and safety shoes. 6.2.3.6 Confined Spaces and Excavations Examples of confined spaces that may be present in construction sites include: utility vaults, tanks, sewers, pipes, and access shafts. Ditches and trenches may also be considered a confined space when access or egress is limited. In confined spaces, dangerous atmospheres can arise when there is a lack of oxygen or when toxic or flammable gases are present. The occupational hazards associated with confined spaces and excavations in construction sites should be prevented according to the following recommendations: • Providing safe means of access and egress from excavations, such as graded slopes, graded access route, or stairs and ladders. • Avoiding the operation of combustion equipment for prolonged periods inside excavations areas where other workers are required to enter unless the area is actively ventilated. • Work procedures for confined place entry shall be developed including gas detection before entering, adequate ventilation, never working alone, providing harness and rope to extract workers in case of emergency, etc. • Under no circumstances entry to confined space is done without the supervision. • Workers should be trained on how to use safety and rescue equipment related to confined space entry. • Controlling site-specific factors which may contribute to excavation slope instability including, for example, the use of excavation dewatering, side-walls support, and slope MWRI Page 120 Draft ESMF for Climate Resilient Flood Management Project (CRFM) gradient adjustments that eliminate or minimize the risk of collapse, entrapment, or drowning. 6.2.3.7 OHS Training As a preventive approach to avoid and minimize the above listed and other OHS hazard and risks from occurring at construction and related work sites, the provision of OHS training is recommended to be offered to all workforce participants before the commencement of physical works. Provisions should be made to provide OHS orientation training to all new workers to ensure that they are aware of the basic site rules of work at/on the site and of personal protection and preventing injury to fellow employees. Training should consist of basic hazard awareness, site specific hazards, safe work practices, and emergency procedures for fire, evacuation, and natural disaster, as appropriate. Every Occupational Health and Safety risks need to be reported and responded on time based on the Accident/Incident Recoding, Reporting and Responding Guideline. 6.2.4 Impacts on Community Health and Safety (Waterborne, Communicable and Vector- Borne Diseases) The excavation of borrow sites and quarry sites may form stagnant water ponds and these ponds can be the source of health risks to the local people by serving as a favorable breeding site for mosquito and other communicable waterborne disease-causing parasites. CRFM subproject physical investment activities such as small-dams and retention ponds are in particular susceptible to malaria. Mitigation measures • Ensure that that these subprojects are accompanied by education for improved environmental sanitation and hygiene. • Design and maintain drainage lines subprojects properly to have the capacity of removing runoff waters from the residential areas before it stagnates. MWRI Page 121 Draft ESMF for Climate Resilient Flood Management Project (CRFM) 6.2.4.1 Infectious and Communicable Diseases Impacts Over the project’s lifetime, a significant number of people may move to subproject sites. As the subproject construction activities commence, they attract workers from different parts of the country, and the migrants could be skilled and semi-skilled workers, including daily laborers. The migrant workers may come either with infectious or communicable diseases that would infect others, and this would result in the spread of epidemics. There may be risks of sexually transmitted diseases (STD), including HIV and AIDS, and COVID-19 due to increased movement and interaction between migrant workforce and the local inhabitants, with serious potential adverse social and health impacts. Mitigation measures ➢ The provision of HIV and AIDS education and information shall be provided for the entire construction worker crew, including the migrant workforce. ➢ The project shall work closely with respective government departments, local NGOs, and/or faith-based organizations and local communities involved in HIV and reproductive health. ➢ Voluntary Counseling and testing services to the workers and community members shall be made available constantly. ➢ All subproject sites/workplaces shall make COVID-19 information from relevant health agencies readily available to their workforce. ➢ There should be continuous sensitization of the workers and community members about HIV/AIDS and other STDs. ➢ The following action points should be provided to all workers in all workplaces to prevent transmission of COVID-19. • Physical distancing: Introduce measures to keep a safe physical distance in accordance with national regulations. • Hand hygiene: Implement conveniently located hand washing stations or alcohol based hand sanitizer at all facilities. MWRI Page 122 Draft ESMF for Climate Resilient Flood Management Project (CRFM) • Provide and have all workers wear face coverings (i.e., cloth face coverings or masks) and face coverings should be provided at no cost to workers. • Train workers on COVID-19 policies and procedures in a language they understand. ➢ Ensure tender documents include standard best practice clauses for topics ranging from accommodation to waste management and quarry and borrow-pit operation and closure. ➢ First aid equipment should be provided at the workplace. Training on first aid should be given to workers and a dedicated first aider should be available at all sites. ➢ Restrict interactions between construction workers and community members outside work hours. 6.3 ADVERSE SOCIAL IMPACTS The following sections provide details of the anticipated main social impacts during sub-projects implementation and operation. The project social risks include: (i) involuntary land acquisition, (ii) worker influx, (iii) SEAH & GBV risks, (iv) community health and safety and labor management;(v) Lack of security for community members and project workers. Further, the technical assistance activity under Component 2 (feasibility studies and engineering designs for high priority flood control infrastructure and TA under component 1: climate resilient policies, master plan and institutions may result potential downstream social risks and impacts. 6.3.1 Potential Land and Resettlement Impacts Risks and impacts related to involuntary resettlement are mainly expected under Component 2 of the CRFM Project. The anticipated impacts include physical and economical displacements, including loss of assets, as well as income and livelihoods of PAPs in the locations that will be selected for Component 2 subprojects implementation. The anticipated impacts may affect the following assets/land use: • Permanent loss of land and property due to permanent land acquisition for construction and rehabilitation. • Destruction of crops, including fruit trees, due to construction and rehabilitation of water infrastructure. MWRI Page 123 Draft ESMF for Climate Resilient Flood Management Project (CRFM) • Loss of access to natural resources and communal and private property through rehabilitation and construction activities. Loss of access can be temporary during construction, and can be permanent where new facilities are constructed. • Loss of assets, sources of income or means of livelihoods through rehabilitation and construction activities, for example where crops or fruit trees have to be removed. • Potential for conflict over water resources or land and property by different groups. Land ownership may be contested due to a variety of reasons (weak laws and judicial system, displacement of people in the past, different concepts of communal ownership). • Processes for land expropriation and compensation may not be in place or fully established. As a result, resettlement as well as due diligence for establishing ownership for voluntary land donations may be challenging and may lead to disputes. • Displacements may occur in areas where the construction materials are sourced and extracted. The above listed resettlement impacts can be grouped into two categories; namely: Permanent impacts: In order to obtain land for the flood risk mitigation infrastructure, it may be necessary to acquire land and potentially displace inhabitants. Construction and rehabilitation activities may result in permanent acquisition of land from local individuals, households or communities. Permanent effects can result in the permanent loss of use of property, vegetation, or, parcels of land by the affected persons. Temporary impacts: Temporary impacts connected to temporary use of land for construction and rehabilitation activities might be interruptions in the current use of properties or land by PAPs. This could occur during the construction or rehabilitation of flood risk mitigation infrastructure. Mitigation measures: These adverse social impacts would need to be mitigated properly. For this purpose, a separate Resettlement Policy Framework (RPF) has been prepared for the CRFM project which will be applied to all subprojects involving land acquisition as well as economic or physical displacement. The RPF will be applied in conjunction with the present ESMF. MWRI Page 124 Draft ESMF for Climate Resilient Flood Management Project (CRFM) 6.3.2 Impacts of Restricting Traditional Water Uses outside Flood Protection/Dyke Structures Dykes and flood embankments protect the river water within or between the structures. Areas outside the dykes or related structures may have been under different uses. For example, it could be that the waters were used for traditional irrigation, livestock grazing or for watering perennial and horticultural crops. As the intended subprojects may hinder the river water flows traditionally used for purpose of irrigation and pasturage in the flood plains, the horticultural farms and grazing lands would not get water as before, which may negatively impact the agro- pastoral pursuit of the inhabitants. To avoid such impacts and make the project go in harmony with community interests and benefits the following mitigation measures are recommended: ➢ Prepare socio-economic baselines and effects assessments ➢ Consult project affected communities on the design of the structure to allow them to have access to the waters for irrigation, grazing and other domestic uses, and; ➢ Design and construct water intake points with regulating structures that will enable the river water to be used for their customary practices. ➢ Grievance Redress Mechanism should be put in place to address the community complaints. 6.3.3 Restriction of Access to Movements Flood control physical infrastructures like dykes may close or restrict human and livestock movement corridors. In such cases, the structures may be damaged or destroyed by movement of people and animals. On the other hand, access road problems can occur by the damage of bridges during construction and operation, and this will completely disrupt the traditional bridges at some areas particularly during rainy season. Therefore, such situations should be harmonized with the social needs of the communities by adjusting working schedules so as to attain project goals, address community needs and ensure social and environmental sustainability. Mitigation measures MWRI Page 125 Draft ESMF for Climate Resilient Flood Management Project (CRFM) ➢ Consult the communities where such assess restrictions exist and on how to harmonize structures with their demands and needs. ➢ Design and construct dyke crossing structures such as bridges or dyke construction selected materials that enables maintaining the dyke quality, sustainability and attainment of community demands. 6.3.4 Potential Project-Related SEA/SH Risks The WB’s GBV rating for the CRFM is High Risk. While project activities may have risks of GBV/SEA/SH– mostly in relation to the planned construction works, Labor influx, for example, can lead to GBV/SEA/SH cases between workers and community members; or the recruitment of community workers bears risks of SEA/SH. The sub-projects may be implemented in areas with active humanitarian situations or local conflicts. It includes areas that will be hard to supervise, where female and male workers will be working in close proximity with limited supervision. Mitigation measure: A Sexual Exploitation and Abuse (SEA)/ Sexual Harassment (SH) Action Plan is annexed to the ESMF (See Annex H). It has been developed to accompany the implementation of the CRFM project and ensure that the Project does not have any negative impacts or further promotes GBV, SEA/SH or the abuse of children. The SEA/SH Action Plan is guided by the commitments related to SEA/SH included in the Project Environmental and Social Commitment Plan (ESCP) and it provides procedures for grievances related to such abuse in project areas. It is based on existing protection, prevention and mitigation strategies and measures in place in South Sudan, as coordinated through the GBV sub-cluster group. Moreover, contractors will maintain labor relations with local communities through a code of conduct (CoC), which commits all persons engaged by the contractor, including sub-contractors and suppliers, to acceptable standards of behavior. The CoC shall include sanctions (e.g., termination) for noncompliance, including non-compliance with specific policies related to GBV, SE and SH. The CoC shall be written in a language a worker better understands (for the MWRI Page 126 Draft ESMF for Climate Resilient Flood Management Project (CRFM) expatriate worker, it will be usually in English) in a reader-friendly style and signed by each worker. 6.3.5 Risks of forced labor, child labor and discrimination As shown above, in order to deliver the CRFM project, the use of government and private contractor human resources (HR) is anticipated at all levels. It is recognized that comprehensive management of the HR is important to mitigate the stated labor risks and other related impacts of the project. As a result, the Labour Management Plan (LMP) has been developed for the CRFM project to provide practical guidance and procedures to address the anticipated labor risks (See Annex G). The risk of child labor: The general minimum age for work is 14 (which is in accordance with ILO standards on minimum age where a country’s economy and educational facilities are insufficiently developed). Children between the ages 14 and 18 engage in the worst forms of child labor, violating international standards. Compulsory education age (13) is inconsistent with minimum age for work (14). Looking at the existing trends and practices, there are risks of child labor used in the CRFM project either through contracted workers, community workers or primary supply workers. Forced labor also takes place in South Sudan, for example, in regard to recruitment into the national army. Hence there is a risk that forced labor will be deployed in the project, for example in the form of community workers. Mitigation Measures ➢ The minimum age of 18 will be enforced in recruitment and in daily staff team talks by the MWRI PIU and contractors. Contractors’ obligations will be spelled out in their respective contracts and compliance will be monitored. This will also be supervised through the Contractor Management Checklist. Discrimination: Although there might be a risk of discrimination, i.e., a potential inappropriate treatment or harassment of project workers (e.g., based on gender, age, disability, ethnicity, or MWRI Page 127 Draft ESMF for Climate Resilient Flood Management Project (CRFM) religion); potential exclusion/preferences with respect to recruitment, training and development, termination of employment and working conditions, discrimination is unacceptable as per the South Sudan Labor Act and WB’s ESS2. In short, the CRFM project will be governed by the national labor requirements and the WB ESS2 and the PIU has the overall responsibility to oversee all aspects of the implementation of the LMP, in particular to ensure contractors’ compliance. 6.3.6 Damage to Cultural Heritage Sites As a result of excavation and construction activities of subprojects, there could be the destruction of funeral and ritual sites as well as loss of land to which SSAHUTLC have collective attachment. Cultural heritage resources are normally not fully known during project preparation, but infrastructure subprojects may be unknowingly located in or around heritage areas. Cultural, historic and archaeological heritage sites may be damaged or lost during excavations and the ensuing construction works and activities. Mitigation measures ➢ Identify and avoid areas of cultural, historic and or religious significance. ➢ Involve community in locating appropriate project sites and access routes that avoid such resources. ➢ Include or add a clause for chance find procedures in construction contract agreements. ➢ Contractors are required to prepare and implement C-ESMPs. ➢ If disturbance is unavoidable, agreement on mitigating measures must first be reached with stakeholders, particularly project affected communities. ➢ If excavation encounters archaeological artifacts, halt construction and apply chance find procedures in Annex E. ➢ Design and construct the dyke or other flood reduction structure routes in harmony with the cultural, religious and historical heritage sites along the river course. ➢ Grievance Redress Mechanism should be put in place to address community complaints. MWRI Page 128 Draft ESMF for Climate Resilient Flood Management Project (CRFM) 7. GENERIC ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN Table 3: Environmental and Social Management Plan No. Potential Environmental & Recommended Enhancement /Mitigation Responsible Responsible for Implementat Budget Social Impacts Measures Institution for monitoring the ion Period Estimate implementing the implementation measures of mitigation measures Positive Social and Environmental Impacts 1 - Flood Control subprojects -Enhance the benefit of flood control infrastructure - MWRI - Water sector During Included in minimizes and/or prevents subprojects by prioritizing sites that prevent adverse - PIU steering subproject project downstream flooding flooding effects to downstream communities. committee planning & operational -Reduces health problems and construction budget health care expenses - Realize the full potential of the CRFM project and phases - Creates Job Opportunities other similar interventions to build as many flood control structures as possible. 2 - Avoids community - Enhance the benefit of flood control infrastructure - MWRI - Water sector During Included in displacement subprojects by prioritizing sites that prevent adverse - PIU steering subproject project flooding effects to downstream communities. committee planning & operational -Prevents livelihoods of construction budget Inhabitants from damage phases MWRI Page 129 Draft ESMF for Climate Resilient Flood Management Project (CRFM) No. Potential Environmental & Recommended Enhancement /Mitigation Responsible Responsible for Implementat Budget Social Impacts Measures Institution for monitoring the ion Period Estimate implementing the implementation measures of mitigation measures Adverse Environmental Impacts (Construction Phase) 1 Impact of Noise and Vibration - Avoid using heavy construction machinery during on Wildlife night-time - Construction - Construction During Included in - Carry out regular maintenance on the construction Contractor Supervisor construction project machineries - PIU phases operational - Select transport routes to minimize noise pollution in sensitive areas budget - Use non-mechanized construction where possible including the use of local labor - Install noise silencer on the construction machineries - When possible, select sub-project sites away from wildlife habitat during sub project screening. 2 Impact on ambient air quality - Regularly spray water to suppress the re-suspension - Construction - Construction During Included in due to dust and exhaust gases of dust during construction, for gravel roads and dirt contractor Supervisor construction project release from movement and use tracks. phases operational of construction machineries - Conduct regular maintenance and servicing of -State Ministry of budget construction vehicles and machineries to minimize air Environment & pollution; forest 3 Impacts of building construction -Locate construction camps away from - Construction - Construction During Included in camp and ancillary facilities: environmentally, socially, & culturally sensitive sites. contractor Supervisor construction project -Obtain the local authorities’ concurrence in locating phases operational construction camps. - PIU/MWRI budget -Provide necessary amenities in the construction camp. -Provide proper waste collection skips & disposal means. -Provide first aid health care facility in the camp. MWRI Page 130 Draft ESMF for Climate Resilient Flood Management Project (CRFM) No. Potential Environmental & Recommended Enhancement /Mitigation Responsible Responsible for Implementat Budget Social Impacts Measures Institution for monitoring the ion Period Estimate implementing the implementation measures of mitigation measures Adverse Environmental Impacts (Construction Phase) 4 Impact of borrow pits and -Land clearing, removal of topsoil and excess - Construction - Construction During Included in quarry sites use materials, location of haul roads, tips and stockpiles, contractor Supervisor construction project and blasting should be planned with due phases operational consideration to meteorological factors and location - PIU/MWRI budget of sensitive receptors. -Establishment of buffer zones from the edge of extraction areas, considering the characteristics of the natural habitats and the type of extraction activities; -During extraction, ecological niches should be preserved and protected as far as possible; -Affected land should be rehabilitated to acceptable uses consistent with local or regional land use plans. Land that is not restored for a specific community use should be seeded and revegetated with native species; -Hydrological systems should be restored to predevelopment runoff rate. 5 Impacts due to Construction -Transport and dispose construction wastes to - Construction - Construction During Included in Wastes officially permitted and properly manage site contractor Supervisor construction project -Provide segregated waste receptacles within phases operational construction camps or storage areas -State Ministry of budget - Segregate and store hazardous waste in containers or Environment & specialized leak-proof plastic bags forest - Provide spill containment storage volume - Dispose hazardous materials only at designated disposal sites/facilities (if any) with permission from the concerned authorities. - Never dispose used oil and filters to the ground, use leak proof containers MWRI Page 131 Draft ESMF for Climate Resilient Flood Management Project (CRFM) No. Potential Environmental & Recommended Enhancement /Mitigation Responsible Responsible for Implementat Budget Social Impacts Measures Institution for monitoring the ion Period Estimate implementing the implementation measures of mitigation measures Adverse Environmental Impacts (Construction Phase) 6 Construction activities will - Top soil stripped should be stockpiled for - Construction - Construction During Included in result in mixing and compaction rehabilitation of the area later contractor Supervisor construction project of soil layers, disturbing natural - Restore the nutrient rich top soil to its original level phases operational soil structure and reducing upon completion of construction works budget ecological function of the soil. - The topsoil should be uniformly spread onto areas to be rehabilitated. - As much as possible, use existing access roads - As much as possible locate access roads out from farm fields and should be rehabilitated once its use is completed. 7 Impact on surface water - Maintain controlled flow in rivers and streams to - Construction - Construction During Included in resource through sedimentation allow downstream movement of water, sediment, and contractor Supervisor construction project and pollution of receiving water other transported materials phases operational bodies - Protect water body ecosystem by properly managing - PIU - State Ministry of budget construction wastes that will be generated during Environment project civil works; -Provide secondary containment to hold on accidental spillage and prevent it from entering nearby water bodies and soil. 8 Channel smoothing and clearing -Aquatic organisms and fishery habitat along river - PIU - Construction During Included in riverine vegetation affects courses and in downstream habitats should be Supervisor construction project aquatic habitats. carefully identified and these types of activities on the phases operational identified sites should be minimized. budget -Minimizing removal of native plant species or riverine vegetation. MWRI Page 132 Draft ESMF for Climate Resilient Flood Management Project (CRFM) No. Potential Environmental & Recommended Enhancement /Mitigation Responsible Responsible for Implementat Budget Social Impacts Measures Institution for monitoring the ion Period Estimate implementing the implementation measures of mitigation measures Adverse Social and Environmental Impacts 9 Impact on soil and groundwater -Identify the physical and chemical composition of the - Construction - Construction During Included in due to disposal of dredging dredging waste before removal. contractor Supervisor construction project wastes -Based on the analysis results, identify appropriate phases operational removal and temporary storage methods and -PIU/MWRI -State Ministry of budget locations. Environment & -When transporting dredging waste to disposal site, forest care shall be taken to use a leakage free method so that dredging leachate will not escape. - Dispose the dredged spoils on a site dedicated for this purpose and officially permitted. 10 Paving of river channels to -Avoid paving of river channel on the river stretch of - Construction - Construction During Included in reduce or eliminate factors that ecological value, risk of flooding downstream, contractor Supervisor construction project retard flow can cause aesthetic geological features suitable for groundwater recharge, phases operational and ecological impacts. and aesthetic value. - PIU budget -Consider flood speed control measures downstream of the structures. 11 Impact on terrestrial flora: loss -Survey of sub-project areas shall be done by botany - Construction - Construction During Included in of vegetation cover and flora specialists (or biologists) prior to construction to contractor Supervisor construction project species of biodiversity identify, protect, or preserve endangered plant species. phases operational importance - Construction of flood control structure on a known - PIU budget areas of biodiversity significance such as parks and natural reserve areas should be avoided or minimized. - Plant indigenous trees in open spaces, along river banks, and/or other disturbed areas - Monitor for any unusual or invasive aquatic species and remove such species when seen. MWRI Page 133 Draft ESMF for Climate Resilient Flood Management Project (CRFM) No. Potential Environmental & Recommended Enhancement /Mitigation Responsible Responsible for Implementat Budget Social Impacts Measures Institution for monitoring the ion Period Estimate implementing the implementation measures of mitigation measures Adverse Environmental Impacts (Construction Phase) 12 Impact on terrestrial fauna: - consult state/county biodiversity or ministry of - Construction - Construction During Included in Construction of the flood environment and forest office to identify important contractor Supervisor construction project control structures will disturb biodiversity and genetic resource in the sub-project phases operational wildlife habitat, force them to influence area. -PIU/MWRI -State Ministry of budget migrate from its natural habitats - Identify wildlife habitats and avoid construction of Environment & and also hinder their free flood control structures in or near the identified - State Ministry of forest movements. habitats; Environment & - provide alternate passage for important wildlife forest/Biodiversity habitats to ensure free movement of wildlife- - design and construct wildlife access to avoid or Office minimize habitat fragmentation. 13 Impact on aquatic fauna and - To the extent possible avoid construction of - Construction - Construction During Included in flora: construction of flood embankments e.t.c in river courses reach of contractor Supervisor construction project control structures could affect biodiversity and genetic resource. phases operational aquatic fauna of significant - Consider providing structures that allow movement -PIU/MWRI -State Ministry of budget biodiversity importance. of aquatic fauna such as fish ladder. Environment & - Where practical, consider restoration of aquatic forest habitats upstream or downstream of the flood protection structures and replenish with the aquatic species available before subprojects intervention. - Reduction and elimination of floodplains should be avoided to the extent possible to protect habitats of threatened aquatic fauna. - Monitor for any unusual or invasive aquatic species and remove such species when seen. - Preparation of biodiversity assessment and biodiveristy management plans where appropriate MWRI Page 134 Draft ESMF for Climate Resilient Flood Management Project (CRFM) No. Potential Environmental & Recommended Enhancement /Mitigation Responsible Responsible for Implementat Budget Social Impacts Measures Institution for monitoring the ion Period Estimate implementing the implementation measures of mitigation measures Adverse Environmental Impacts (Operation Phase) 14 Impact on the River Regime and - As much as possible, avoid modification of river - Flood control - MWRI During Included in Aquatic Habitat: Aquatic courses or regimes identified as a breeding site for facility operation operation project organisms are accustomed to the fishery and aquatic species. team -State Ministry of phases operational natural river regime and - As much as possible, avoid modification of river Environment & budget changes to it will affect their regimes in areas where recession agriculture and forest breeding and foraging patterns. grazing are practiced by the local communities. - Allow sufficient opening or waterway to allow movement of aquatic species - - Compensate loss of aquatic species through re- introducing the lost aquatic species -Calculate and release water from impoundements to maintain base environmental flows and minimize downstream impacts. 15 Impact on Groundwater - Avoid elimination of floodplains, particularly in - Flood control - MWRI During Included in Resource: Construction of flood areas (including downstream areas) where facility operation operation project protection structures such as groundwater resource is limited or in use. team - State Ministry of phases operational dikes and embankments will -Carry out watershed management programs at the Environment & budget reduce or eliminate floodplains upper catchment to compensate the reduction in - MWRI forest resulting in reduction of groundwater recharge due to elimination of the groundwater recharge and floodplains. -Directorate for discharge. - Release controlled downstream flow to enable natural resource groundwater recharge - Consider artificial recharge of groundwater in areas conservation where flood control measures are implemented to (MoA) replenish the groundwater. MWRI Page 135 Draft ESMF for Climate Resilient Flood Management Project (CRFM) No. Potential Environmental & Recommended Enhancement /Mitigation Responsible Responsible for Implementat Budget Social Impacts Measures Institution for monitoring the ion Period Estimate implementing the implementation measures of mitigation measures Adverse Environmental Impacts (Operation Phase) 16 Impacts on recession agriculture -Avoid completely drying up or eliminating - Flood control - MWRI During Included in due to reduced or eliminated floodplains facility operation operation project floodplains -Maintain natural flood cycles -Water drained out and team - Ministry of phases operational released from flood plain should be temporarily stored Agriculture budget in retention ponds and reused. - MWRI 17 Paving of river channels to -Avoid paving of river channel on the river stretch of - Flood control - MWRI During Included in reduce or eliminate factors that ecological value, risk of flooding downstream, facility operation operation project retard flow can cause aesthetic geological features suitable for groundwater recharge, team phases operational and ecological impacts. and aesthetic value. budget -Consider flood speed control measures downstream of the structures. 18 Cumulative Impacts: several -Take into account existing and future development - PIU -State Ministry of During Included in sub-projects in combination projects within the basin when choosing sub-project Environment & operation project could have significant sites - MWRI forest phases operational cumulative impacts. -Assess the cumulative impacts of implementing and budget operating sub-projects in combination with other current and future projects in the basins. -Implement mitigation measures recommended through cumulative environmental assessments during sub-projects implementation. MWRI Page 136 Draft ESMF for Climate Resilient Flood Management Project (CRFM) No. Potential Environmental & Recommended Enhancement /Mitigation Responsible Responsible for Implementat Budget Social Impacts Measures Institution for monitoring the ion Period Estimate implementing the implementation measures of mitigation measures Adverse Environmental Impacts (Operation Phase) 19 Impacts due to dismantled - Consider rehabilitating or upgrading the sub-projects -MWRI -State Ministry of During -To be structures or materials during to increase their service life. Environment & decommissio determined at decommissioning: - Properly dispose dismantled structures and materials forest ning phase decommissio at designates sites approved by the concerned local phases ning stage authorities. - Restore or rehabilitate the sub-project sites to its natural state after dismantling structures. MWRI Page 137 Draft ESMF for Climate Resilient Flood Management Project (CRFM) No. Potential Environmental & Recommended Enhancement /Mitigation Responsible Responsible for Implementat Budget Social Impacts Measures Institution for monitoring the ion Period Estimate implementing the implementation measures of mitigation measures Occupational Health and Safety Hazards/Risks (During Construction & Operation phases) 20 Over-exertion, and ergonomic - Training of workers in lifting and material handling - Construction - Construction During Included in injuries and illnesses, such as techniques including the placement of weight limits contractor Supervisor construction project repetitive motion, and manual - Planning work site layout to minimize the need for and operation operational handling, could be among the manual transfer of heavy loads - Flood control -State Ministry of phases budget most common causes of injuries - Selecting tools and designing work stations that facility operation Labor in construction sites. reduce force requirements and holding times team - Implementing administrative controls into work processes, such as job rotations and rest or stretch -PIU/MWRI breaks. 21 Drowning: Construction crew - Work areas of water bodies (rivers, storage facilities, - Construction - Construction During Included in and sub-project operators are etc) should have edge protection or barriers to prevent contractor Supervisor construction project exposed to risk of drowning risk of falling-in and drowning. - Flood control and operation operational during the various construction - All work near the edge or in water bodies should be -State Ministry of facility operation phases budget tasks. done in such a way that risk of drowning is avoided. Labor - Emergency procedures in the event of drowning team should be considered. -PIU/MWRI 22 Risk of slips and falls associated - Implementing good house-keeping practices - Construction - Construction During Included in with liquid spills: - Cleaning up excessive waste debris and liquid spills contractor Supervisor construction project regularly - Flood control and operation operational - Locating cords and ropes in common areas and -State Ministry of facility operation phases budget marked corridors Labor - Use of slip retardant footwear team -PIU/MWRI MWRI Page 138 Draft ESMF for Climate Resilient Flood Management Project (CRFM) No. Potential Environmental & Recommended Enhancement /Mitigation Responsible Responsible for Implementat Budget Social Impacts Measures Institution for monitoring the ion Period Estimate implementing the implementation measures of mitigation measures Occupational Health and Safety Hazards/Risks (During Construction & Operation phases) 23 Fall from elevation risk - Training and use of temporary fall prevention - Construction - Construction During Included in associated with work at heights devices, such as rails or other barriers. contractor Supervisor construction project - Use of control zones and safety monitoring systems - Flood control and operation operational to warn workers of their proximity to fall hazard -State Ministry of facility operation phases budget zones, Labor - Securing, marking, and labeling covers for openings team in floors, roofs, or walking surfaces. -PIU/MWRI 24 Risk of struck by objects - Using a designated and restricted waste drop or - Construction - Construction During Included in discharge zones, and/or a chute for safe movement of contractor Supervisor construction project wastes from upper to lower levels. - Flood control and operation operational - Conducting sawing, cutting, grinding, sanding, -State Ministry of facility operation phases budget chipping or chiseling with proper guards and Labor anchoring as applicable. team - Wearing appropriate PPE, such as safety glasses, -PIU/MWRI hard hats, and safety shoes. 25 Risk of working in confined - Providing safe means of access and egress from - Construction - Construction During Included in spaces and excavations excavations contractor Supervisor construction project - Avoiding the operation of combustion equipment for - Flood control and operation operational prolonged periods inside excavations areas -State Ministry of facility operation phases budget - Developing work procedures for confined place Labor entry team - Training workers on how to use safety and rescue -PIU/MWRI equipment related to confined space entry. - Controlling site-specific factors which may contribute to excavation slope instability including such as the use of excavation dewatering, e.t.c. MWRI Page 139 Draft ESMF for Climate Resilient Flood Management Project (CRFM) No. Potential Environmental & Recommended Enhancement /Mitigation Responsible Responsible for Implementat Budget Social Impacts Measures Institution for monitoring the ion Period Estimate implementing the implementation measures of mitigation measures Community Health and Safety (During Construction & Operation phases) 26 Small-dams, dikes, retention - Ensure that that subprojects are accompanied by - Construction - Construction During Included in ponds borrow sites pits and education for improved sanitation and hygiene. contractor Supervisor construction project quarry sites may form stagnant - Design and maintain drainage lines subprojects - Flood control -State Ministry of and operation operational water ponds serving as a properly to have the capacity of removing runoff facility operation Environment & phases budget favorable breeding site for waters from the residential areas before it stagnates. mosquito and other - Pesticides which are not restricted or banned can be team forest communicable waterborne used consistent with ESS3 requirements. -PIU/MWRI - State Ministry of disease-causing parasites. Health 27 Impacts of infectious and - The project shall work closely with respective - Construction - Construction During Included in communicable diseases government departments, local NGOs, and/or faith- contractor Supervisor construction project based organizations and local communities involved - Flood control -State Ministry of and operation operational in HIV and reproductive health. facility operation Environment & phases budget - Voluntary Counseling and testing services to the workers and community members shall be made team forest available constantly. -PIU/MWRI - State Ministry of - All subproject sites/workplaces shall make COVID- Health 19 information from relevant health agencies readily available to their workforce. - There should be continuous sensitization of the workers and community members about HIV/AIDS and other STDs. - Arrangement for emergency medical treatment, life jackets, and lifesaving equipment should be provided for work to be done near water bodies. 28 Security risks for project- -Adopt and implement Project Security Risk - PIU PIU During Included in affected persons and assets Assessment (SRA) and Security Management Plan - Contractor construction general (SMP) budget and in - Prepare local security risk assessments budget of - Prepare and implement local security management plans and/or activity security plans as the SMP subproject MWRI Page 140 Draft ESMF for Climate Resilient Flood Management Project (CRFM) specific E&S instruments 29 Accident hazards to - Ensure that excavation sites are fenced off - Contractor PIU During Included in communities– traffic, drowning, - Ensure that safety signage is in place where construction budget of falls into excavations, etc. applicable subproject - Prepare traffic management plan, based on EHS Guidelines on Traffic Safety - Hold community consultations before the construction - Safe driving practices will be promoted among the drivers - Adopt and implement GRM 30 Community disturbance - High level maintenance of the vehicles to reduce the - Contractor PIU During Included in through noise, vibration, vibrations construction budget of dust, etc. - Selecting equipment with lower sound power levels subproject - Installing suitable mufflers on engine exhausts and compressor components - Equipment casing - Planning activities in consultation with local communities so that activities with the greatest potential to generate noise are planned during periods of the day that will result in least disturbance. - Implement speed limit for heavy machinery - Cover trucks carrying soil, sand and stone with tarpaulin sheets to dust spreading -Suppress dust during construction by water spraying and dampening where necessary -Suitable wet suppression techniques need to be utilized in all exposed areas -All unnecessary traffic must be strictly limited on site speed controls are to be enforced -Monitor exhausts emissions to ambient air, waste pollutant releases to land and water. -Carry out community consultations before commencing the construction activities, informing the nearby population on the construction activities and possible impacts such as noise and additional vehicular traffic MWRI Page 141 Draft ESMF for Climate Resilient Flood Management Project (CRFM) No. Potential Environmental & Recommended Enhancement /Mitigation Responsible Responsible for Implementat Budget Social Impacts Measures Institution for monitoring the ion Period Estimate implementing the implementation measures of mitigation measures Adverse Social Impacts (Construction and Operation Phase) 31 Potential Land and - Adopt and implement the Resettlement Policy - Construction - Construction During Included in Resettlement Impacts: Impacts Framework (RPF) contractor Supervisor construction project include land acquisition and - Prepare additional plans as necessary -State Ministry of and operation operational resettlement, physical and - Prepare socio-economic baseline and effects -PIU/MWRI Environment & phases budget economic displacement, loss of assessment assets as well as loss of income forest and livelihoods of PAPs. - State Ministry of Housing, Land and Urban Utility 32 Impacts of restricting traditional - Consult project affected communities on the design - Flood control - Construction During Included in water uses outside flood of the structure to allow them to have access to the facility operation Supervisor construction project protection/dyke structures waters for irrigation, grazing and other domestic uses, team and operation operational and; -PIU/MWRI -State Ministry of phases budget - Design and construct water intake points with regulating structures that will enable the river water to - Construction Agriculture be used for their customary practices. contractor - Prepare socio-economic baseline and effects assessment 33 Impacts of changes in river flow - Design and construct the flood control structures - Construction - Construction During Included in regime on pasture and livestock: considering their most minimal effects on existing contractor Supervisor construction project Impacts of changes in river flow livestock and crop production and other community and operation operational regime on pasture and livestock: livelihood sources. -PIU/MWRI -State Ministry of phases budget hindering the river water flows - Design and construct water regulating structures traditionally used for purpose of where irrigation water intake and overtopping areas Agriculture irrigation and pasturage exists based on the significance of the sites. negatively affecting the agro- - Prepare socio-economic baseline and effects pastoral pursuit of the assessment inhabitants. MWRI Page 142 Draft ESMF for Climate Resilient Flood Management Project (CRFM) No. Potential Environmental & Recommended Enhancement /Mitigation Responsible Responsible for Implementat Budget Social Impacts Measures Institution for monitoring the ion Period Estimate implementing the implementation measures of mitigation measures Adverse Social Impacts (Construction and Operation Phase) 34 Restriction of Access to - Consult the communities where such assess - Flood control - Construction During Included in Movements: Flood control restrictions exist and on how to harmonize structures facility operation Supervisor construction project physical infrastructures like with their demands and needs. team and operation operational dykes may close or restrict - Design and construct dyke crossing structures such -PIU/MWRI -State Ministry of phases budget human and livestock movement as bridges or dyke construction selected materials corridors. that enables maintaining the dyke quality, - Construction Environment sustainability and attainment of community demands. contractor 35 The sub-projects may require - Adopt and implement Sexual Exploitation and Abuse - Flood control - Construction During Included in recruitment of skilled labor (SEA)/ Sexual Harassment (SH) Action Plan (See facility operation Supervisor construction project from outside the project area, Annex H). It presents operational activities as well as team and operation operational and be implemented in areas recommendations for GBV, SEA, SH and child -PIU/MWRI -State Ministry of phases budget that will be hard to supervise, protection risk mitigation measures. where female and male workers - Workers to sign Codes of Conduct (CoC) - Construction Women, children will be working in close - Awareness training for workers and community contractor and Youth proximity with limited members supervision. 36 Potential labor risks of the The Labor Management Plan (LMP) has been - Construction - Construction During Included in project include risk of developed for the CRFM project to provide practical contractor Supervisor construction project discrimination, potential guidance and procedures to address the anticipated - Flood control and operation operational exclusion/preferences with labor risks (See Annex G). -State Ministry of facility operation phases budget respect to recruitment, training Labor and development, termination of team employment and working -PIU/MWRI conditions. MWRI Page 143 Draft ESMF for Climate Resilient Flood Management Project (CRFM) No. Potential Environmental & Recommended Enhancement /Mitigation Responsible Responsible for Implementat Budget Social Impacts Measures Institution for monitoring the ion Period Estimate implementing the implementation measures of mitigation measures Adverse Social Impacts (Construction and Operation Phase) 38 -Risk of child and forced labor: - The minimum age of 18 will be enforced in - Construction - Construction During Included in recruitment and in daily staff team talks by contractor Supervisor construction project the MWRI PIU and contractors. - Flood control and operation operational - Contractors’ obligations will be spelled out facility operation -State Ministry of phases budget in their respective contracts and compliance Labor will be monitored. team - This will also be supervised through the -PIU/MWRI Contractor Management Checklist. 39 Impacts on Cultural Heritage - -Identify and avoid areas of cultural, historic - Construction - Construction During Included in Sites: Cultural, historic and and or religious significance. contractor Supervisor construction project archaeological heritage sites - Involve community in locating appropriate - Flood control and operation operational may be damaged or lost during project sites and access routes that avoid -State Ministry of facility operation phases budget excavations and the ensuing such resources. Culture and team construction works and - -If excavation encounters archaeological Tourism activities. artifacts, halt construction and apply chance -PIU/MWRI find procedures in Annex E. - -Design and construct the dyke or other flood reduction structure routes in harmony with the cultural, religious and historical heritage sites along the river course. MWRI Page 144 Draft ESMF for Climate Resilient Flood Management Project (CRFM) 7.1 GENERIC ENVIRONMENTAL AND SOCIAL MONITORING PLAN There are two basic forms of monitoring: (i) Compliance monitoring. It checks whether prescribed actions have been carried out, and usually conducted by means of inspection or enquiries; and (ii) Effects monitoring. It records the consequences of activities on one or more environmental components, and usually involves physical measurement of selected parameters or the execution of surveys to establish the nature and extent of induced changes. In the case of the CRFM project, compliance monitoring is given more emphasis since most of the impact controls take the form of measures incorporated in subproject designs and contract documents, and the extent to which recommendations on these matters, as set out in the ESMP are complied with. It plays a major part in determining the overall environmental and social performance of the subproject. Table 4:Generic Environmental and Social Management Plan No. Potential Environmental Recommended Enhancement /Mitigation Monitoring Monitorin Frequen Budget implementation monitoring the of mitigation Responsible for measures & Social Impacts Measures Indicators g cy of Estimate Parameter Monitori s and ng activities Adverse Environmental Impacts (Construction Phase) 1 Noise and Vibration on - Avoid using heavy construction machinery # of complaints filed communities and Wildlife during night-time with GRM -Measuring Monthly - Construction Included in (ESS6 and ESS4) - Carry out regular maintenance on the # of maintenance dB(A) Supervisor contractor construction machineries carried out on levels - PIU budget - Select transport routes to minimize noise pollution in sensitive areas machinery per month - Use non-mechanized construction where % of machinery with possible including the use of local labor noise silencer - Install noise silencer on the construction # of sub-project sites machineries MWRI Page 145 Draft ESMF for Climate Resilient Flood Management Project (CRFM) - When possible, select sub-project sites away near wildlife habitats from wildlife habitat during sub project -Compliance with screening. permitted noise levels at workplace 2 Ambient air quality due to - Regularly spray water to suppress the re- # of complaints filed _Measurin - Included in dust and exhaust gases suspension of dust during construction, for with GRM g PM10, Monthly Construction contractor release from movement gravel roads and dirt tracks. # of maintenance NOx and Supervisor budget and use of construction - Conduct regular maintenance and servicing of carried out on SOx machineries (ESS2, ESS 3 construction vehicles and machineries to -State and ESS4) minimize air pollution; machinery per month # of inspection for Ministry of dust and dust control Environment per week. & forest -PIU 3 Construction camp and -Locate construction camps away from # of complaints filed Quarterly - Included in ancillary facilities (ESS2, environmentally, socially, & culturally sensitive with GRM Construction contractor ESS3, ESS4, ESS6) sites. # of sites for which Supervisor budget -Obtain the local authorities’ concurrence in local authority locating construction camps. - PIU -Provide necessary amenities in the construction concurrence can be camp. provided -Provide proper waste collection skips & # of amenities in disposal means. camp -Provide first aid health care facility in the # of waste collection camp. facilities in the camp - Implement RPF in case of land and # of first aid kits in resettlement issues the camp #of waste collection & disposal operation inspections carried in the camp per week. MWRI Page 146 Draft ESMF for Climate Resilient Flood Management Project (CRFM) No. Potential Environmental & Recommended Enhancement /Mitigation Monitoring Monitoring Frequenc Responsible Budget Social Risks and Impacts Measures Indicators Parameters y of for Estimate and activities Monitori monitoring ng the implementa tion of mitigation measures Adverse Environmental Impacts (Construction Phase) 4 Borrow pits and quarry sites -Locate borrow pits and quarry sites away from % of borrow Measuring - Included in use (ESS3, ESS 2 and ESS settlement areas and important habitats pits that are dB(A) levels Construction contractor 4, ESS5, ESS6) -Select low-impact materials extraction methods located near Quarterly Supervisor budget that will make rehabilitation of the site easier settlement -Topsoil and overburden should be removed - PIU separately and segregated for later use during site areas or Measuring rehabilitation important PM10. -Rehabilitate the pits and quarry sites to their habitats natural ground level to minimize impact - Implement RPF in case of land and resettlement # of borrow issues pits where topsoil and overburden were removed separately % of borrow pits and quarry sites that have been rehabilitated MWRI Page 147 Draft ESMF for Climate Resilient Flood Management Project (CRFM) 5 Construction Waste (ESS3) -Transport and dispose construction wastes to # of segregated Measuring - Included in officially permitted and properly manage site waste PH, BOD5, Construction contractor -Provide segregated waste receptacles within receptacles in DO, TDS, EC Biweekly Supervisor budget construction camps or storage areas camp & TSS - Segregate and store hazardous waste in -State containers or specialized leak-proof plastic bags % of upstream and hazardous down stream Ministry of - Provide spill containment storage volume - Dispose hazardous materials only at designated waste of recipient Environmen disposal sites/facilities (if any) with permission appropriately surface water t & forest from the concerned authorities. disposed bodies once - Never dispose used oil and filters to the ground, - PIU # of oil and quarterly use leak proof containers filters disposed to the ground #of waste collection & disposal operation inspections carried in the site per week. MWRI Page 148 Draft ESMF for Climate Resilient Flood Management Project (CRFM) No. Potential Environmental & Recommended Enhancement /Mitigation Monitoring Monitoring Frequency Responsible Budget Social Risks and Impacts Measures Indicators Parameters of for Estimate and activities Monitoring monitoring the implementati on of mitigation measures Adverse Environmental Impacts (Construction Phase) 6 Construction activities will - Top soil stripped should be stockpiled for # of top soil Quarterly - Included in result in mixing and rehabilitation of the area later stockpiled for Construction contractor compaction of soil layers, - Restore the nutrient rich top soil to its original rehabilitation Supervisor budget disturbing natural soil level upon completion of construction works % of top soil structure and reducing - The topsoil should be uniformly spread onto - PIU ecological function of the soil. areas to be rehabilitated. restored (ESS3) - As much as possible, use existing access roads # of existing - As much as possible locate access roads out access roads from farm fields and rehabilitate once its use is used completed. % of access roads rehabilitated 7 Surface water resource - Maintain controlled flow in rivers and streams # of times Measuring PH, -Biannually - Included in through sedimentation and to allow downstream movement of water, controlled BOD5, DO, Construction contractor pollution of receiving water sediment, and other transported materials flow is TDS, EC & Supervisor budget bodies (ESS3) - Protect water body ecosystem by properly maintained TSS of managing construction wastes that will be - State generated during project civil works; % of surface water construction bodies Ministry of -Provide secondary containment to hold on accidental spillage and prevent it from entering waste upstream and Environment nearby water bodies and soil. managed downstream of - PIU properly the site MWRI Page 149 Draft ESMF for Climate Resilient Flood Management Project (CRFM) # of secondary containments provided 8 Channel smoothing and -Aquatic organisms and fishery habitat along # of sites with Measuring PH, - Included in clearing riverine vegetation river courses should be carefully identified and aquatic BOD5, DO, Construction contractor affects aquatic habitats. these types of activities on the identified sites organism and TDS, & TSS Supervisor budget (ESS6) should be minimized. fishery habitat upstream and -Minimizing removal of native plant species or - PIU riverine vegetation. identified downstream of surface water bodies of the site MWRI Page 150 Draft ESMF for Climate Resilient Flood Management Project (CRFM) No. Potential Environmental & Recommended Enhancement /Mitigation Monitoring Monitoring Frequency Responsible Budget Social Risks and Impacts Measures Indicators Parameters of for Estimate and activities Monitoring monitoring the implementati on of mitigation measures Adverse Environmental Impacts (Construction Phase) 9 Soil and groundwater -Identify the physical and chemical composition # of sites Measuring PH, - Included in pollution due to disposal of of the dredging waste before removal. where COD5, DO, Construction contractor dredging wastes (ESS3) -Based on the analysis results, identify composition of TDS, EC & -Biannually Supervisor budget appropriate removal and temporary storage waste was selected heavy methods and locations. -State -When transporting dredging waste to disposal identified metals of before removal ground water Ministry of site, care shall be taken to use a leakage free method so that dredging leachate will not escape. # of analysis bodies around Environment - Dispose the dredged spoils on a site dedicated conducted the site & forest for this purpose and officially permitted. # of leaks - PIU reported # of complaints filed through GRM 10 Paving of river channels to -Avoid paving of river channel on the river # of sites - Included in reduce or eliminate factors stretch of ecological value, risk of flooding where river Construction contractor that retard flow can cause downstream, geological features suitable for channel was Quarterly Supervisor budget aesthetic and ecological groundwater recharge, and aesthetic value. paved impacts. (ESS6) -Consider flood speed control measures - PIU downstream of the structures. # of flood speed control measures implemented 11 Impact on terrestrial flora: -Survey of sub-project areas shall be done by # of surveys -survey Biannually - Included in MWRI Page 151 Draft ESMF for Climate Resilient Flood Management Project (CRFM) loss of vegetation cover and botany specialists (or biologists) prior to conducted terrestrial flora Construction contractor flora species of biodiversity construction to identify, protect, or preserve # of flood species Supervisor budget and importance (ESS6) endangered plant species. control composition in PIU - Construction of flood control structure on a structures near - PIU budget and known areas of biodiversity significance such as parks and parks and natural reserve areas should be avoided natural abundance - or minimized. reserves around the StateMinistry - Plant indigenous trees in open spaces, along site of river banks, and/or other disturbed areas Environment - Monitor for any unusual or invasive aquatic and Forest species and remove such species when seen. MWRI Page 152 Draft ESMF for Climate Resilient Flood Management Project (CRFM) No. Potential Environmental Recommended Enhancement /Mitigation Monitoring Indicators Monitoring Frequency Responsible for Budget monitoring the & Social Risks and Measures Parameters of Estimat implementation Impacts and Monitorin of mitigation e activities g measures Adverse Environmental Impacts (Construction Phase) 12 Impact on terrestrial fauna: - Consult state/county biodiversity or ministry of # of times Minstry has - Construction Included Construction of the flood environment and forest office to identify been consulted Supervisor in control structures will important biodiversity and genetic resource in # of construction sites Biannually contractor disturb wildlife habitat, the sub-project influence area. -State near wildlife habitat budget force them to migrate from - Identify wildlife habitats and avoid Ministry of its natural habitats and also construction of flood control structures in or # of alternate passages and PIU provided Environment budget hinder their free near the identified habitats; movements. (ESS6) - provide alternate passage for important wildlife & forest habitats to ensure free movement of wildlife- - design and construct wildlife access to avoid or - PIU minimize habitat fragmentation. 13 Impact on aquatic fauna - To the extent possible avoid construction of # of construction sites Establish - Construction Included and flora: construction of embankments e.t.c in river courses in reach of in river courses in reach baseline and Supervisor in flood control structures biodiversity and genetic resource. of biodiversity and monitor -Biannually contractor could affect aquatic fauna - Consider providing structures that allow -State genetic resources species budget of significant biodiversity movement of aquatic fauna such as fish ladder. Ministry of importance. (ESS6) - Where practical, consider restoration of aquatic # of structures provided composition # of restorations of and Environment habitats upstream or downstream of the flood protection structures and replenish with the aquatic habitats populations & forest aquatic species available before subprojects # of monitoring events and diversity intervention. -PIU/MWRI for unusual or invasive index for key - Reduction and elimination of floodplains species invertebrate should be avoided to the extent possible to - species composition, and fish protect habitats of threatened aquatic fauna. - Monitor for any unusual or invasive aquatic abundance, and species in species and remove such species when seen. population various habitats. MWRI Page 153 Draft ESMF for Climate Resilient Flood Management Project (CRFM) No. Potential Environmental & Recommended Enhancement /Mitigation Monitoring Monitoring Frequency Responsible Budget for monitoring Social Risks and Impacts Measures Indicators Parameters of Estimate the and activities Monitorin implementatio g n of mitigation measures Adverse Environmental Impacts (Operation Phase) 14 River Regime and Aquatic - As much as possible, avoid modification of river # of times river Establish - - MWRI included Habitat: Aquatic organisms are courses or regimes identified as a breeding site for courses were baseline and Biannually in budget accustomed to the natural river fishery and aquatic species. modified monitor -State of MWRI regime and changes to it will - As much as possible, avoid modification of river species Ministry of # of sites with affect their breeding and regimes in areas where recession agriculture and composition Environmen foraging patterns. (ESS6) grazing are practiced by the local communities. sufficient open and waterways t & forest - Allow sufficient opening or waterway to allow populations movement of aquatic species # of sites with and diversity - Allow controlled flood or release of water to replenished index for key replenish aquatic habitats aquatic habitats invertebrate - Compensate loss of aquatic species through re- #- and fish introducing the lost aquatic species species in -species various composition, habitats. abundance, and population 15 Groundwater Resource: - Avoid elimination of floodplains, particularly in # of sites with Measure - MWRI Included Construction of flood areas (including downstream areas) where floodplains Ground in budget protection structures such as groundwater resource is limited or in use. eliminated Water levels Annually - State of MWRI dikes and embankments will -Carry out watershed management programs at the Ministry of # of watershed around flood reduce or eliminate floodplains upper catchment to compensate the reduction in Environmen resulting in reduction of groundwater recharge due to elimination of the management plain areas programs affected by t & forest groundwater recharge and floodplains. discharge. (ESS6) - Release controlled downstream flow to enable implemented project groundwater recharge -Changes in - Consider artificial recharge of groundwater in areas ground water where flood control measures are implemented to levels replenish the groundwater. MWRI Page 154 Draft ESMF for Climate Resilient Flood Management Project (CRFM) No. Potential Environmental Recommended Enhancement /Mitigation Monitoring Monitoring Frequency of Responsible Budget & Social Risks and Measures Indicators Parameters and Monitoring for Estimate Impacts activities monitoring the implementatio n of mitigation measures Adverse Environmental Impacts (Operation Phase) 16 Impacts on recession -Avoid completely drying up or eliminating # of dried up -Estimate the total - MWRI Included in agriculture due to reduced floodplains so that the natural flood cycles flood plains Hectars of budget of or eliminated floodplains could be maintained # of sites recession Annually - Ministry of MWRI (ESS6) -Water drained out and released from flood Agriculture where water agriculture land plain should be temporarily stored in retention ponds and reused. has been affected rained and stored in retention ponds 17 Paving of river channels to -Avoid paving of river channel on the river # of sites with - MWRI Included in reduce or eliminate factors stretch of ecological value, risk of flooding river channels budget of that retard flow can cause downstream, geological features suitable for paved Annually MWRI aesthetic and ecological groundwater recharge, and aesthetic value. # of sites with impacts. (ESS6). -Consider flood speed control measures downstream of the structures. flood speed control measures 18 Cumulative Impacts: -Take into account existing and future # of sites for -Measuring dB(A) Annually -State Included in several sub-projects in development projects within the basin when which levels, PM10, NOx Ministry of budget of combination could have choosing sub-project sites existing and and SOx Environment MWRI significant cumulative -Assess the cumulative impacts of future & forest impacts.(ESS3 and ESS6) implementing and operating sub-projects in Measuring PH, combination with other current and future projects have been BOD5, COD, DO, projects in the basins. -Implement mitigation measures considered TDS, EC, TSS & MWRI Page 155 Draft ESMF for Climate Resilient Flood Management Project (CRFM) recommended through cumulative # of selected heavy environmental assessments during sub- assessments metals projects implementation. conducted survey terrestrial flora species composition and abundance around the site -Survey Changes aquatic species composition, abundance, and population - Measure Ground Water levels around flood plain areas affected by project MWRI Page 156 Draft ESMF for Climate Resilient Flood Management Project (CRFM) No. Potential Environmental & Recommended Enhancement /Mitigation Monitoring Monitoring Frequency Responsible Budget Social Risks and Impacts Measures Indicators Parameters of for Estimate monitoring and Monitoring the activities implementati on of mitigation measures Adverse Environmental Impacts (Operation Phase) 19 Dismantled structures or - Consider rehabilitating or upgrading the # of rehabilitated Biannually -State Included materials during sub-projects to increase their service life. sub-projects Ministry of in budget decommissioning: (ESS3) - Properly dispose dismantled structures and # of designated Environmen of MWRI materials at designates sites approved by the sites with properly t & forest concerned local authorities. - Restore or rehabilitate the sub-project sites disposed structures to its natural state after dismantling and materials structures. MWRI Page 157 Draft ESMF for Climate Resilient Flood Management Project (CRFM) No. Potential Environmental Recommended Enhancement /Mitigation Monitoring Monitoring Frequen Responsible Budget & Social Risks and Measures Indicators Parameters cy of for Estimate monitoring Impacts and activities Monitori the ng implementati on of mitigation measures Occupational Health and Safety (During Construction & Operation phases) 20 Over-exertion, and - Training of workers in lifting and material # of trainings -Monitor no. - Included in ergonomic injuries and handling techniques including the placement of performed of Construction contractor illnesses, such as weight limits # of worksite layouts ergonomic Monthly Supervisor budget repetitive motion, and - Planning work site layout to minimize the need for available related manual handling, could manual transfer of heavy loads -State be among the most - Selecting tools and designing work stations that # of administrative illnesses controls implemented reported Ministry of common causes of reduce force requirements and holding times injuries in construction - Implementing administrative controls into work from clinics Labor sites. (ESS2) processes, such as job rotations and rest or stretch around breaks. -PIU/MWRI project site 21 Drowning: Construction - Work areas of water bodies (rivers, storage # of sites with edge Monitor no - Included in crew and sub-project facilities, etc) should have edge protection or protection of drowning Construction contractor operators are exposed to barriers to prevent risk of falling-in and drowning. # of emergency accidents Weekly Supervisor budget risk of drowning during - All work near the edge or in water bodies should procedures available occurred per the various construction be done in such a way that risk of drowning is -State tasks. (ESS2) avoided. year. Ministry of - Emergency procedures in the event of drowning should be considered. Labor -PIU/MWRI 22 Slips and falls - Implementing good house-keeping practices # of sites where Monitor no. Construction Included in associated with liquid - Cleaning up excessive waste debris and liquid excessive waste of OHS Supervisor contractor spills: (ESS2) spills regularly debris is cleaned up accidents Weekly budget - Locating cords and ropes in common areas and -State # of sites with cords occurred per Ministry of marked corridors - Use of slip retardant footwear and ropes located in week. labor common areas MWRI Page 158 Draft ESMF for Climate Resilient Flood Management Project (CRFM) No. Potential Recommended Enhancement /Mitigation Monitoring Monitoring Frequen Responsible for Budget Environmental & Measures Indicators Parameters cy of monitoring the Estimate Social Risks and and activities Monitori implementation of mitigation Impacts ng measures Occupational Health and Safety (During Construction & Operation phases) 23 Fall from elevation - Training and use of temporary fall prevention # or workers trained Monitor no. - Construction Included in risk associated with devices, such as rails or other barriers. # of control zones of OHS Supervisor contractor work at heights - Use of control zones and safety monitoring systems and safety monitoring accidents Weekly budget (ESS2) to warn workers of their proximity to fall hazard -State Ministry systems used occurred per zones, of Labor - Securing, marking, and labeling covers for openings % of covers that are week. in floors, roofs, or walking surfaces. secured or marked -PIU/MWRI 24 Risk of struck by - Using a designated and restricted waste drop or # of designated zones Monitor no. - Construction Included in objects (ESS2) discharge zones, and/or a chute for safe movement of # of guards available of OHS Supervisor contractor wastes from upper to lower levels. # of workers with accidents Weekly budget - Conducting sawing, cutting, grinding, sanding, -State Ministry appropriate PPE occurred per chipping or chiseling with proper guards and of Labor anchoring as applicable. week. - Wearing appropriate PPE, such as safety glasses, -PIU/MWRI hard hats, and safety shoes. 25 Risk of working in - Providing safe means of access and egress from # of safe means of Monitor no. Weekly - Construction Included in confined spaces and excavations access and egress on of OHS Supervisor contractor excavations (ESS2) - Avoiding the operation of combustion equipment for site accidents budget prolonged periods inside excavations areas -State Ministry # of work procedures occurred per - Developing work procedures for confined place of Labor entry available week. - Training workers on how to use safety and rescue % of workers trained -PIU/MWRI equipment related to confined space entry. - Controlling site-specific factors which may contribute to excavation slope instability including such as the use of excavation dewatering, e.t.c. MWRI Page 159 Draft ESMF for Climate Resilient Flood Management Project (CRFM) No. Potential Recommended Enhancement /Mitigation Monitoring Monitoring Frequenc Responsible for Budget Environmental & Measures Indicators Parameters y of monitoring the Estimate implementation Social Risks and and Monitori of mitigation Impacts activities ng measures Community Health and Safety (During Construction & Operation phases) 26 Small-dams, dikes, - Ensure that that subprojects are accompanied by # of education Monitor - Construction Included retention ponds education for improved sanitation and hygiene. events provided changes in Monthly Supervisor in borrow sites pits and - Design and maintain drainage lines subprojects to communities spread of -State Ministry contractor quarry sites may form properly to have the capacity of removing runoff # of drainage malaria and of Environment budget stagnant water ponds waters from the residential areas before it stagnates. serving as a favorable - Pesticides which are not restricted or banned can be lines available water born & forest breeding site for used consistent with ESS3 requirements. # of types of diseases - State Ministry mosquito and other pesticides used from of Health communicable in accordance clinics -PIU/MWRI waterborne disease- with ESS3 around causing parasites. project site (ESS4) 27 Impacts of infectious - The project shall work closely with respective # of NGOs Monitor - Construction Included and communicable government departments, local NGOs, and/or faith- involved changes in Quarterly Supervisor in diseases (ESS4) based organizations and local communities involved # of voluntary spread of -State Ministry contractor in HIV and reproductive health. counseling and infectious of Environment budget - Voluntary Counseling and testing services to the workers and community members shall be made testing services and & forest available constantly. available communica - State Ministry - All subproject sites/workplaces shall make COVID- # of sensitization ble of Health 19 information from relevant health agencies readily sessions on diseases available to their workforce. HIV/AIDS from - There should be continuous sensitization of the # of life jackets clinics workers and community members about HIV/AIDS available at site around and other STDs. - Arrangement for emergency medical treatment, life project site jackets, and lifesaving equipment should be provided for work to be done near water bodies. MWRI Page 160 Draft ESMF for Climate Resilient Flood Management Project (CRFM) No. Potential Environmental & Recommended Enhancement /Mitigation Monitoring Frequency of Responsible for Budget Social Risks and Impacts Measures Indicators Monitoring monitoring the Estimate implementation of mitigation measures Adverse Social Impacts (Construction and Operation Phase) 28 Impacts include land acquisition - Adopt and implement a Resettlement # of subprojects for - -PIU/MWRI Compensation and resettlement, physical and Policy Framework (RPF) which additional Quarterly to be paid by economic displacement, loss of - Prepare and implement subproject RAP/LRP was local authorities assets as well as loss of income specific instruments (RAPs, LRPs) prepared and livelihoods of PAPs. Preparation of (ESS5) # of land grievances RAP/LRPs part filed in GRM of subproject budget 29 Restricting traditional water - Consult project affected communities on the # of community - Construction Included in uses outside flood design of the structure to allow them to have members consulted Biannually Supervisor contractor protection/dyke structures (ESS access to the waters for irrigation, grazing and # of water intake budget 4 and ESS5) other domestic uses, and; points designed -State Ministry - Design and construct water intake points with accordingly of Agriculture regulating structures that will enable the river water to be used for their customary practices. -PIU/MWRI 30 Changes in river flow regime on - Design and construct the flood control # of designs - Construction Included in pasture and livestock: Changes structures considering their most minimal considering most Quarterly Supervisor contractor in river flow regime on pasture effects on existing livestock and crop minimal effects budget and livestock: hindering the production and other community livelihood # of designs with -State Ministry river water flows traditionally sources. Included in used for purpose of irrigation - Design and construct water regulating irrigation water intake of Agriculture subproject and pasturage negatively structures where irrigation water intake and and overtopping areas budget affecting the agro-pastoral overtopping areas exists based on the # of subprojects for -PIU/MWRI pursuit of the inhabitants. (ESS4 significance of the sites. which LRPs were and ESS6) - prepare LRPs where applicable prepared # of livelihood related grievances field in the GRM MWRI Page 161 Draft ESMF for Climate Resilient Flood Management Project (CRFM) No. Potential Environmental & Recommended Enhancement /Mitigation Monitoring Frequency of Responsible for Budget Social Risks and Impacts Measures Indicators Monitoring monitoring the Estimate implementation of mitigation measures Adverse Social Impacts (Construction and Operation Phase) 31 Restriction of Access to - Consult the communities where such assess # of community - Construction Included in Movements: Flood control restrictions exist and on how to harmonize structures members Quarterly Supervisor contractor physical infrastructures like with their demands and needs. consulted -State Ministry budget dykes may close or restrict - Design and construct dyke crossing structures such # of designs that of human and livestock movement as bridges or dyke construction selected materials that corridors. (ESS5 and ESS6) enables maintaining the dyke quality, sustainability respond to Environment and attainment of community demands. community -PIU/MWRI - provide alternative temporary access during demands construction 32 GBV/SEA/SH between workers - Adopt and implement GBV/SEA/SH Action % of workers Monthly - Construction Included in and community members as Plan (See Annex H). that have signed Supervisor contractor well as among workers (ESS2 - All workers to sign CoC a CoC -PIU/MWRI budget and ESS4) - Awareness training for workers and % of workers -State Ministry communities trained of Women, # of community children and members trained Youth 33 Potential labor risks of the - Adopt and implement LMP (See Annex G). # of labor related Monthly - Construction Included in project includes, among others, - Implement workers’ GRM complaints Supervisor contractor risk of discrimination, potential - Awareness among communities on lodged in the budget exclusion/preferences with recruitment practices and CoCs GRM -State Ministry respect to recruitment, training - Training of workers on contract modalities # of cases filed of Labor and development, termination of in workers’ employment and working GRM conditions. (ESS2) % of workers trained. # of community members trained MWRI Page 162 Draft ESMF for Climate Resilient Flood Management Project (CRFM) No. Potential Environmental & Recommended Enhancement /Mitigation Monitoring Frequency Responsible for Budget Social Risks and Impacts Measures Indicators of monitoring the Estimate Monitorin implementation g of mitigation measures Adverse Social Risks and Impacts (Construction and Operation Phase) 34 Child and forced labor labor: - The minimum age of 18 will be enforced in # of workers’ lists - Construction Included in recruitment indicating workers’ Supervisor contractor - awareness of communities on age limits and forced age Monthly budget labor -State Ministry of % of contracts that - Contractors’ obligations on age and forced labor will Labor be spelled out in their respective contracts- Workers’ spell out GRM and Project GRM made available obligations -PIU/MWRI # of related cases field in workers’ GRM or Project GRM 35 Impacts on Cultural Heritage -Identify and avoid areas of cultural, historic and or # of stakeholder Monthly - Construction Included in Sites: Cultural, historic and religious significance. consultations Supervisor contractor archaeological heritage sites - Involve community in locating appropriate project conducted budget may be damaged or lost during sites and access routes that avoid such resources. -State Ministry of # of cases in which excavations and the ensuing -If excavation encounters archaeological artifacts, halt Culture and construction works and construction and apply chance find procedures in chance find procedures were Tourism activities. (ESS8) Annex E. -Design and construct the dyke or other flood followed -PIU/MWRI reduction structure routes in harmony with the cultural, religious and historical heritage sites along the river course. 36 Lack of consultation of - Adopt and implement SEP # of stakeholder Monthly - PIU Included in community stakeholders, - In particular, conduct consultations with consultations PIU budget specifically vulnerable groups vulnerable groups according to methods laid conducted for site out in the SEP # of vulnerable groups included in consultations MWRI Page 163 Draft ESMF for Climate Resilient Flood Management Project (CRFM) 8. GRIEVANCE REDRESS MECHANISM Under the World Bank ESSs39, Bank-supported projects are required to facilitate mechanisms that address concerns and grievances that arise in connection with a project.40 One of the key objectives of ESS 10 (Stakeholder Engagement and Information Disclosure) is ‘to provide project-affected parties with accessible and inclusive means to raise issues and grievances and allow borrowers to respond and manage such grievances’.41 This Project GRM should facilitate the project to respond to concerns and grievances of the project-affected parties related to the environmental and social performance of the project. The CRFM Project will provide mechanisms to receive and facilitate resolutions to such concerns. This section lays out the grievance redress mechanisms (GRM) for the CRFM. As per World Bank standards, the GRM will be operated in addition to a Sexual Exploitation and Abuse (SEA)/ Sexual Harassment (SH) Action Plan, which includes reporting and referral guidelines (see Annex H: SEA/SH Action Plan). However, the Project GRM will also cater for GBV/SEA cases. Additionally, in line with the provisions of ESS2, a grievance mechanism will be provided to all direct workers and contracted workers to raise workplace concerns. Workers will be informed of this grievance mechanism at the time of recruitment and the measures put in place to protect them against any reprisal for its use. This workers’ grievance mechanism is included in the project’s Labor Management Procedures (LMP). Given the small-scale nature of works and focus on locally sourced labor, the intake mechanisms of the Project GRM will also allow intake of grievances under ESS2. For SEA/SH at the workplace, provisions under the GBV/SEA Action Plan apply. The GRM aims to address concerns effectively and in a timely and transparent manner. It is readily accessible for all project-affected persons (PAPs) and does not prevent access to judicial and administrative remedies. It is designed in a culturally appropriate way and is able to respond to all the needs and concerns of project-affected persons. 39 World Bank, Environmental and Social Framework, 2018. 40 Under ESS 2 (Labour and Working Conditions), a grievance mechanism for all direct or contracted workers is prescribed, which is laid out in the Labour Management Plan (LMP). The World Bank’s Good Practice Note on ‘Addressing Gender Based Violence in Investment Project Financing involving Major Civil Works’ spells out requirements for a GBV grievance redress mechanisms, which is laid out in a separate SEA/SH Action Plan. 41 World Bank, 2018, p. 131. MWRI Page 164 Draft ESMF for Climate Resilient Flood Management Project (CRFM) 8.1 GRM Core Principles The GRM is based on six core principles: Fairness: Grievances are treated confidentially, assessed impartially, and handled transparently. Objectiveness and independence: The GRM operates independently of all interested parties in order to guarantee fair, objective, and impartial treatment in each case. GRM officials have adequate means and powers to investigate grievances (e.g., interview witnesses, access records). Simplicity and accessibility: Procedures to file grievances and seek action are simple enough that PAPs can easily understand them. Project PAPs have a range of contact options including, at a minimum, a telephone number. The GRM is accessible to all stakeholders, irrespective of the remoteness of the area they live in, and their level of education or income. The GRM does not use complex processes that create confusion or anxiety. Responsiveness and efficiency: The GRM is designed to be responsive to the needs of all complainants. Accordingly, staffs handling grievances are trained to take effective action, and respond quickly to grievances and suggestions. Speed and proportionality: All grievances, simple or complex, are addressed and resolved as quickly as possible. The action taken is swift, decisive, and constructive. Participation and social inclusion: A wide range of PAPs, including community members, members of vulnerable groups, project implementers, civil society, and the media, are encouraged to bring grievances and comments to the attention of the Project staff. Special attention is given to ensure that marginalized or vulnerable groups, including those with special needs, are able to access the GRM. 8.2 GRM Value Chain Multiple channels must be available for PAPs to file their complaint, grievance, or feedback. The PAP must be able to select the most efficient institution, the most accessible means of filing a grievance, and must be able to circumvent partial stakeholders in the Project, which may be implicated in the complaint. He or she must further be able to bypass some grievance channels that are perceived as potentially not responsive or biased. MWRI Page 165 Draft ESMF for Climate Resilient Flood Management Project (CRFM) 8.3 Means of Filing a Grievance There are four distinct means, at least two of which must be made available at the sub- project locality for people to file a grievance (see complaints form and grievance register, Annex C & D): i. A phone number for a hotline operator: The phone number of a grievance hotline operator must be widely disseminated among project stakeholders. The Hotline Operator is available from 8.00 am to 5.00 pm every day. The hotline operator is set up and managed by the PIU. Any concerned party can call the hotline number and file a grievance with the Project. ii. A help desk will be set up during the implementation of sub-project activities in a specific locality It should be manned by the implementing staff, in close coordination with local authorities. At the help desk, PAPs can inquire about information in regard to project activities, or they can file a grievance directly with the person manning the desk. iii. Relevant assigned personnel available in each project site will be required to accept grievances and ensure that avenues for lodging grievances are accessible to the public and all PAPs. The first point of contact for all potential grievances from community members may be the contractor, IP or a local government official. Such personnel will be required to accept formal grievances; or they can point out the Hotline Operator’s number, the Help Desk or Suggestion Box. If no reasonable other modality of filing a grievance is available for the respective complainant, the staff has to accept and register the grievance. iv. A suggestion box will be installed at the nearest Boma or Payam office of the sub- project site. Suggestion boxes provide a more anonymous way of filing a grievance or for providing feedback. Grievances or feedback submitted to the suggestion box must be expressed in writing. 8.3.1 Incident reporting Severe incidents (defined as an incident that caused significant adverse effect on the environment, the affected communities, the public or workers, for example: Fatality, GBV, forced or child labor) will be reported within 48 hours to the PIU and onwards to the World Bank. MWRI Page 166 Draft ESMF for Climate Resilient Flood Management Project (CRFM) At all times, the IP or PIU will provide feedback promptly to the aggrieved party, for example through the phone. Feedback is also communicated through stakeholder meetings and beneficiary meetings during project activities. For sensitive issues, feedback is given to the concerned persons bilaterally. Records of all feedback and grievances reported will be established by the IP and PIU. All feedback is documented and categorized for reporting and/ or follow-up if necessary. For all mechanisms, data will be captured in an excel spreadsheet. The information collected, where possible, should include the name of the person providing feedback as well as the boma, payam and county, cooperating partner (where applicable), the project activity and the nature of feedback or complaint. Step 2: Sort and Process: All registered grievances will be transferred to the IP or PIU GRM Officer – either by the Hotline Operator, local personnel, or the Help Desk Officer. The GRM Officer will categorize the complaint. Worker-related grievances will be handed over to a workers’ GRM. Where grievances are of sexual nature, the focal point has to handle the case appropriately, and refer the case to the GBV reporting protocols and referral system, defined in the SEA/SH Action Plan (see Annex H). Dedicated training on how to respond to and manage complaints related to SEA/SH will be required for all GRM operators and relevant project staff. Where grievances can be handled locally, the GRM Officer will return these grievances to the appropriate local structures to be handled by existing dispute settlement mechanisms. However, these can only be involved if the GRM Officer assesses that the complainant is not a member of a vulnerable group or minority that would not be catered for by the local mechanism in an equal manner. For grievances handled under the general Project GRM, the GRM Officer will determine the most competent and effective level for redress and the most effective grievance redress approach. The Officer will further assign timelines for follow-up steps based on the priority of the grievance, and make a judgment and reassign the grievance to the appropriate staff or institution. The person will exclude grievances that are handled elsewhere (e.g. at the court). The GRM Officer should offer the complainant option/s for resolution of their grievance. MWRI Page 167 Draft ESMF for Climate Resilient Flood Management Project (CRFM) The GRM Officer will also transfer the grievance information into a more comprehensive grievance register. Step 3: Acknowledgement and Follow-Up: The IP or PIU will decide whether a grievance can be solved locally, with local authorities, contractors, or NGOs, and whether an investigation is required. The first ports of call will have in-depth knowledge of communal socio- political structures and will therefore be able to recommend to the GRM Officer the appropriate individuals that could be addressed with the case, if the case can be solved at the local level. At all times, the GRM Officer will provide feedback promptly to the aggrieved party (unless the case was filed anonymously), within 5 working days after the grievance is filed. Feedback can be provided through the phone, in writing or through the community facilitators. Feedback is also communicated through stakeholder meetings and beneficiary meetings during Project activities. For sensitive issues, feedback is given to the concerned persons bilaterally. Step 4: Verify Investigate and Act: The GRM Officer will then undertake activity-related steps in a timely manner. The activities will include: verifying, investigating, redress action and plan. Verification: ➢ Check for eligibility (objectively based on set standards and criteria) of the complaint in terms of relevance to the project. ➢ Escalate outright grievances that require high level interventions ➢ Refer outright grievances that are outside the project jurisdiction (e.g. refer to PIU Project Manager or relevant external institution) Once eligibility is determined, the GRM Officer will categorize the complaint into defined categories: Investigation: ➢ GRM Officer to appoint an independent investigator (E&S Specialists, professional outside the Implementing institution) who is a neutral investigator with no stake in the outcome of the investigation MWRI Page 168 Draft ESMF for Climate Resilient Flood Management Project (CRFM) ➢ Collect basic information (reports, interviews with other stakeholders while ensuring triangulation of information, photos, videos) ➢ Collect and preserve evidence ➢ Analyze to establish facts and compile a report Grievance Action Plan ➢ Based on the findings determine the next steps and make recommendations: (i) direct comprehensive response and details of redress action; (ii) referral to the appropriate institution to handle the grievance, where the IP has no jurisdiction ➢ undertake mutually agreed follow-actions ➢ Update of complainant ➢ Provide complainant with a grievance redress status update and outcome at each stage of redress, (iii) update the IP or PIU on grievance redress across the GRM value chain. Step 5: Monitor, Evaluate and Provide Feedback: The GRM Officer will provide feedback to GRM users and the public at large about: ➢ results of investigations; ➢ actions taken; ➢ why GRM is important; ➢ enhance the visibility of the GRM among beneficiaries; and ➢ increase in users’ trust in the GRM The PIU will undertake the following monitoring actions: ➢ develop indictors for monitoring the steps of GRM value chain; ➢ track grievances and assess the extent to which progress is being made to resolve them; ➢ conduct a stakeholder satisfaction survey for the GRM services ➢ conduct analysis of the raw data on the following: average time to resolve grievances, percentage of complainants satisfied with action taken, and number of grievances resolved at first point of contact ➢ provide a report on grievance redress actions pertaining to the steps of GRM value chain The PIU will evaluate the GRM by: MWRI Page 169 Draft ESMF for Climate Resilient Flood Management Project (CRFM) ➢ analyzing grievance data to reveal trends and patterns, ➢ sharing GRM analysis in management meetings; and ➢ taking corrective action on project implementation approaches to address the grievance 8.3.2 GBV/SEA/SH Given the sensitive nature of Gender-Based Violence (GBV) complaints, the GRM provides different ways to submit grievances. All grievance uptake channels can be used to report on SEA/SH-related grievances. No grievance uptake mechanism can reject such grievances, and all personnel directly receiving grievances will be trained in the handling and processing of SEA/SH-related grievances. Information on relevant legislation will be delivered to survivors prior to any disclosure of case details, for example through initial awareness raising sessions on the GRM. This will allow protect the survivor-centered approach from mandatory reporting. The GBV survivor has the freedom and right to report an incident to anyone: community member, project staff, GBV case manager, local authorities. All recipients of the report should – with the survivor’s informed consent – report the case to one of the Project’s formal GRM. Furthermore, a survivor can ask someone else to act as a survivor advocate and report on her/his behalf. The grievance recipient will be responsible for the recording and registration of the complaint. A GRM operator cannot reject a SEA/SH complaint. At the same time, however, the project can only respond to a SEA/SH complaint if it is directed into the designated GRM channels. Confidentiality: All grievance recipients and anyone handling the SEA/SH-related grievances must maintain absolute confidentiality in regard to the case. Maintaining confidentiality means not disclosing any information at any time to any party without the informed consent of the person concerned. There are exceptions under distinct circumstances, for example a) if the survivor is an adult who threatens his or her own life or who is directly threatening the safety of others, in which case referrals to lifesaving services should be sought; b) if the survivor is a child and there are concerns for the child’s health and safety. The survivors need to be informed about these exceptions. MWRI Page 170 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Informed Consent: The survivor can only give approval to the processing of a case when he or she has been fully informed about all relevant facts. The survivor must fully understand the consequences of actions when providing informed consent for a case to be taken up. Asking for consent means asking the permission of the survivor to share information about him/her with others (for instance, with referral services and/or IPs or PIU), and/or to undertake any action (for instance investigation of the case). Under no circumstances should the survivor be pressured to consent to any conversation, assessment, investigation or other intervention with which she does not feel comfortable. A survivor can also at any time decide to stop consent. If a survivor does not consent to sharing information, then only non-identifying information can be released or reported on. In the case of children, informed consent is normally requested from a parent or legal guardian and the children All reporting will limit information in accordance with the survivor’s wishes regarding confidentiality and in case the survivor agrees on further reporting, information will be shared only on a need-to-know-base, avoiding all information which may lead to the identification of the survivor and any potential risk of retribution (see specific SEA/SH reporting form, Annex 3). Data on GBV cases recorded will only include the nature of the complaint (what the complainant says in her/his own words), whether the complainant believes the perpetrator was related to the project and additional demographic data, such as age and gender, will be collected and reported, with informed consent from the survivor. If the survivor does not wish to file a formal complaint, referral to available services will still be offered even if the complaint is not related to the project, that referrals will be made, the preference of the survivor will be recorded and the case will be considered closed. If the survivor provides informed consent, the grievance recipient should inform the GBV Specialist. The GBV Specialist at the PIU will inform the World Bank. The report will be on the anonymized incident as soon as it becomes known to the PIU. Data shared will include the nature of the allegation; if the alleged perpetrator is associated with the Project; the survivor’s age and sex’ and whether the survivor was referred to other services. The Project’s SEA/SH Action Plan has mapped all referral services in the different counties MWRI Page 171 Draft ESMF for Climate Resilient Flood Management Project (CRFM) designated for interventions. The project team will keep an updated list available of these services. Referrals are a process through which the survivor gets in touch with professionals and institutions regarding her case. Services can include health, psycho-social, security and protection, legal/justice, and economic reintegration support. The grievance recipient will instantly provide the survivor with contacts of the available referral services in the respective area. If the survivor wishes for any assistance with transport or payment for services, the grievance recipient will provide allowances. Referral services are provided even in cases where the survivor opts to not pursue the case through the GRM or through legal channels. Once a case has been taken in by a GRM recipient, and informed consent of the survivor is obtained to proceed with the case, the case file will be submitted to the GBV Specialist. The GBV Specialist will first ensure that the survivor has been provided with all necessary GBV referral services, and will ensure that the survivor is in safety. Where the SEA/SH grievance was allegedly committed by a project worker, the grievance will be reported to the respective employer. The PIU GBV Specialist will follow up and determine jointly with the GRM Officer the likelihood that the allegation is related to the project. The GBV Specialist will follow up and ensure that the violation of the Code of Conduct is handled appropriately, e.g. the worker is removed from his or her position and employment is ended. The responsibility to implement any disciplinary action lies with the employer of the alleged perpetrator, in accordance with local labor legislation, the employment contract, and the code of conduct. The GBV Specialist will report back to the survivor on any step undertaken and the results. Where the survivor has opted to take a formal legal route, the PIU GBV Specialist will ensure that the survivor has all the support required to file a case at court. The GRM process will still proceed with the survivors’ consent. Ensuring due process is a matter of the formal justice system and not the grievance handlers. Unlike other types of issues, it is not part of the GRM’s remit to conduct investigations, to make any announcements, or to judge the veracity of an allegation. The GRM should refer the case to the domestic regulatory framework to process the case if the consent of the survivor is received. MWRI Page 172 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Since this project assumes a fully survivor-centered approach, no information can be passed on without the consent of the survivor. If the survivor does not wish for the case to be pursued, the survivor shall be offered access to referral services and the GRM Officer should note that the survivor did not wish for the case to be pursued, and the case is considered solved. Case closure requires a) the case has been referred to GBV service providers (if the survivor consented) for support and appropriate actions; and appropriate actions have been taken against the perpetrator according to SEA mechanisms; b) the service provider has initiated accountability proceedings with the survivor’s consent. If the survivor does not want to launch a complaint with the employer, the case is closed. If the complaint proceeds, the case is reviewed by the PIU GBV Specialist and a course of action is agreed on with the respective employer. The alleged perpetrator’s employer takes agreed-on disciplinary action. Once the action is deemed appropriate by the GBV Specialist, the case is recorded as closed. All entities reporting on GBV/SEA/SH-related cases will ensure that reports do not contain any information with the potential of identifying survivors (including names of survivors, families and perpetrators). Furthermore, the grievance recipient needs to provide ongoing feedback to the survivor throughout the process. After conclusion of any investigation, the survivor must be informed first to determine whether the perpetrator can be informed and proposed sanctions against the perpetrator can be taken. 8.4 WB’s Grievance Redress Service (GRS) Communities and individuals who believe that they are adversely affected by a World Bank supported project may submit complaints to existing project-level grievance redress mechanisms or the WB’s Grievance Redress Service (GRS). The GRS ensures that complaints received are promptly reviewed in order to address project-related concerns. Project affected communities and individuals may submit their complaint to the WB’s independent Inspection Panel which determines whether harm occurred, or could occur, as a result of WB non-compliance with its policies and procedures. Complaints may be submitted at any time after concerns have been brought directly to the World Bank's MWRI Page 173 Draft ESMF for Climate Resilient Flood Management Project (CRFM) attention, and Bank Management has been given an opportunity to respond. For information on how to submit complaints to the World Bank’s corporate Grievance Redress Service (GRS), please visit http://www.worldbank.org/en/projects- operations/products-and-services/grievance-redress-service. For information on how to submit complaints to the World Bank Inspection Panel, please visit www.inspectionpanel.org MWRI Page 174 Draft ESMF for Climate Resilient Flood Management Project (CRFM) 9. STAKEHOLDER ENGAGEMENT A variety of stakeholder consultations have been completed for the design of the Project and the preparation of its E&S instruments. High level stakeholders and community-level members were consulted through a mission conducted by the World Bank and the Ministry of Water Resources and Irrigation (MWRI) from 19-30 September 2022 in Juba and Maban county. During these consultations the scope and activities of the proposed Project were discussed; geographic targeting criteria; potential implementation arrangements for the project; and next steps and workplan for project preparation and design. The mission also included the dissemination plans for the analytical study on fragility and water security in South Sudan. Key stakeholders consulted included staff of the MWRI, Ministry of Environment and Forestry (MoE), Ministry of Transport (MoT), South Sudan Roads Authority (SSRA), South Sudan Civil Aviation Authority (SSCAA), Meteorological Service Department (MSD), South Sudan Urban Water Corporation (SSUWC), members of local governments, UNHCR, and community representatives in Maban (see Annex I). During the mission it was agreed that the Project would be a government-led operation with World Bank support and that the MWRI would be the implementing agency. The MWRI has already established a core PIU, which will be supported by technical, engineering design and other consultants. This will provide an opportunity for the MWRI’s capacities, including for E&S issues, to be enhanced. Furthermore, the World Bank highlighted the E&S risk management requirements were highlighted and it was agreed that the MWRI would prepare E&S risk management instruments for the project. In particular, as the Project may finance a large dam, it was agreed that the World Bank will request the regional safeguards advisor’s guidance on the implication of the dam on the type of E&S instruments. Furthermore, the Project components and sub-components were agreed on. During community level consultations in Maban, local authorities and community members were met to discuss the challenges caused by flooding? and proposed interventions. The major impacts of floods in Maban have included: overall destruction of infrastructure; interruption of livelihood activities; displacement of communities and livestock; disconnected supply routes and increasing commodity prices. Recommendations MWRI Page 175 Draft ESMF for Climate Resilient Flood Management Project (CRFM) to address the challenges included: development of comprehensive topographical surveys for Yabus River basin; carrying out of community consultations regarding non-structural flood mitigation measures. During a field visit and consultations to Juba, it was discussed how the meteorological and hydrological departments and their stations are working and managed, and to determine how to engage these departments in the Project. The following challenges were pointed out: lack of equipment for communication; lack of office space to set up essential units like Hydromet Units; lack of logistics to support staff; shortage of staff and capacity building opportunities except those provided by the IGAD predication center in Nairobi; and a lack of data base platform to store historical data. In view of the Aviation Meteorological station, the challenges included: mobility and logistical challenges to deliver information to other areas where the stations are non-functional; no established data base system to store data; no data portal for access by other line ministries; the gauge readers for rainfall, wind and pressure and old; and a lack of clear institutional set-up. In regards to the Juba Hydrological station, the following challenges were pointed out: telemetric connection between the station and office is not fixed; lack of data management system to have data transmitted directly to the Ministry servers from station computer; battery power’ the station software does not have the data filtering allowance when particular data is needed. As part of the stakeholder engagement process during preparation of the present ESMF, a virtual stakeholder consultation was held on October 25, 2022 with the help of the World Bank office in Juba and MWRI E & S contact persons (see Annex I). The virtual stakeholder consultation meeting was attended by more than ten participants representing key stakeholder institutions which are the MWRI, MoLSF, MoEF, MoLHRD, and MoGCSW. The main purpose of the virtual stakeholder consultation was to inform and aware the stakeholders about the CRFM project components, to understand their existing capacities and experiences regarding E&S risk management, and to receive their views, opinions and concerns regarding the CRFM project. The ESMF consultant made a brief presentation on CRFM project components to the participants of the consultation meeting. The discussions during the virtual meeting were centered around the state of National Environmental Management Practices of South Sudan; existing E&S capacities and experiences in project implementing institutions; existing capacities and experiences in MWRI Page 176 Draft ESMF for Climate Resilient Flood Management Project (CRFM) managing OHS; discussions of E&S risks of the Project and any other concerns. The following summarizes the main points raised by the stakeholder consultation participants; • A concern was expressed on the need to develop early ownership of the project by the beneficiary people and communities at grassroots level. This involves also the state ministries which will be involved at later stages during project implementation. There is a need for adequate awareness with the states to own the project. Such virtual consultation cannot be carried with the states and with the grass root community. MWRI have to be funded well to raise awareness at state and grassroots communities level. • The meeting revealed that the legislation and policies around E&S risk management are limited, including – where they exist – their implementation. This includes environmental and labor laws and policies, but also practices, such as grievance redress mechanisms. While some rudimentary GRM structures are in place, they barely exist in practice. • The participant from MWRI also indicated that similar to the draft Environment Protection Bill, the Water Act is also at draft stage and is waiting for enactment by the legislature. However, environmental assessment documents prepared by consultants for MWRI projects are usually forwarded to MoEF for review and comment. It was stated that MWRI have existing experiences of working with the MoEF and involving it in reviewing its documents. • In terms of existing practices and capacities, the MoEF undertakes Environmental Audits in the oil fields of South Sudan. The MoEF is also engaged on environmental management works such as solid and liquid waste management of Juba City, which is one of the main problems. • It was stressed that regardless of the enactment of the draft Environment Protection Bill, as an interim procedure, the MoEF issues a “No Objection Letter” to ESIA reports submitted for review and approval. The “No Objection letter” allows a project to proceed implementation with the consent of the MoEF. MWRI Page 177 Draft ESMF for Climate Resilient Flood Management Project (CRFM) • The MoEF faces difficulties to carry its regular environmental management activities due to shortage of budget, security, stability, flooding, and mobility problems caused by lack of vehicles, funding e.t.c. • The meeting participants noted that environment is a cross cutting issue which extends through the different line ministries. For instance, the Ministry of Livestock and Fisheries have to deal with environmental impacts affecting livestock and fishes due to calamities caused by natural and anthropogenic activities. Thus instead of looking at MoEF alone, it would be better to address it as broad cross cutting issues involving all relevant line ministries. • It was emphasized on the need to consult the local communities where the subprojects will be implemented. There is a need to ensure that local communities are consulted and convinced about and are benefiting from the subprojects. • A participant requested on whether there are requirements on who should do the EIA studies, whether there are requirements for it to be done by specialists or firms/companies that are recognized or registered by the MoEF? In response to this query, it was stated that the MoEF usually reviews the ToR for the proposed ESIA study and provide its comments on it. Any international consultants would need to come through the National government system. • A participant expressed his concern that lack of trust, fear and no courage, funding and finance, as well as stability and security will be among the main issues of concern during implementation of the project. • Projects like this must take into consideration of bringing gender and youth empowerment through employment benefit in the project. They need to get benefit through employment in the project so that the project will also be protected and implemented in a conducive environment. Sub-national consultations were also held on 3rd and 4th November 2022 with state-level authorities, development partners and women’s associations (see Annex I for list of participants). The outcomes of the consultations are presented below. MWRI Page 178 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Table 5 Results from sub-national stakeholder consultations Stakeholder Comments Project Response Development The current challenges in water resource management The Project will aim to build Partners • Are within the institutions and communities. capacities and a more systematic • There is no dedicated staff to manage the water resource sector approach at all levels. • There is a lack of M&E in water risk management • The whole system is weak • The communities at the county level are desperate of services • There is no supply of clean water for the civil population • There is limited water collection / harvesting/ reservation for the dry season What works well: The Project will build on the issues • In our communities there is clean water for human consumption that work well. • We have had construction of hand water pumps • We have water for livestock Water resource management can be strengthened through: The Project will lead detailed • Top – bottom capacity building from the state to the county and payam level. assessments on this issue • Improvement of the quality and quantity of staff at state level Stakeholders currently excluded from water management: The Project will include pastoralists • The pastoralist communities are currently excluded, and there is little as a vulnerable group and pay special understanding of their needs. attention. • The refugees, host community and the returnees are also excluded Current legal and regulatory framework The Project will include legal • There is need for improvement to save the future generation reviews in regard to water risk • A particular focus should be on capacity building management. • Engagement of the National, State, county and payam level. Potential role of communities: The Project will build on existing • This requires an improved feedback mechanism, there is need for the people lessons learnt and institutions that working at boma, payam and county level to be involved work well • A committee was formed to sensitize the population in local languages Water information system: The Project will focus on the • The current water information management system is bad improvement of information flow • Absence of functional water resource department. MWRI Page 179 Draft ESMF for Climate Resilient Flood Management Project (CRFM) • Limited funds • Infrastructures for information is missing • No Weather forecast stations The information system could be improved through: The World Bank is currently also • All means, e.g. people depend on internet, google. financing a digitalization project in • There is no South Sudan Metrological station for data management. South Sudan, which will improve • Government structures from the State to county to be strengthened access to the internet. What is the best way to consult This will be reflected in the • Emails Stakeholder Engagement Plan (SEP) • Telephone calls Grievance Redress: The Project will include a Project • Only development partners have GRM Grievance Redress Mechanism • When I have a grievance I go to UNHCR Coordination, County through (GRM). Commissioner and Directors, Payam through Administrator, Refugees, Host Community through their committees • All local government structure policies. Vulnerable members of the community This will be reflected in this SEP. • Host communities and IDPs Flood risk management structures: This is noted. • We would very much welcome the construction of local flood management structures Maintenance of flood risk management structure: This will be integrated in • The community committee maintains flood management structures maintenance approaches Risks related to construction works: The Project will consider this as a • GBV cases could arise if cash-for-work activities are brought in key risk and put GRM measures in place as well as awareness raising among workers and communities Risk for conflict: The Project will ensure local analysis before entering communities to • Conflicts between or inside community could occur understand social dynamics. MWRI Page 180 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Risks of land and resettlement issues: The Project will apply South Sudan • When issues of land ownership arise through construction, Issues of land laws and the WB’s ESS5 in relation ownership can be referred to the Land Act. to land and resettlement issues. • The sultan (Omdas) can be consulted. State – level Current challenges in water resource management are The Project takes note of these Authorities • Destruction of social facilities and structures challenges and aims to tackle them at • Loss of livelihoods (crops and livestock) multiple levels. • No qualified staff in the water sector • No designated budget for the water sector at the state level • Destruction of rural water (boreholes and wells) submerged and damaged beyond repair. • Lack of sustainability of water points in the rural areas • No access roads to the rural areas • Lack of water treatment plan (chemicals for water treatment) • Inadequate tools for water management • Inadequate capacity building for the staff • Inadequate institutional infrastructures in the water resources sector • The laws / act is not passed making policies and regulations implementation difficult. What works well in water resource management: The Project has taken note of these • To divert/ close waterways encroaching the human settlement. points and will aim to build up on • Opening up water way to allow water to move to its direction without prevention. these. • Budget for recruitment and training of staff in the water sector • Capacity building and training of personals to manage the water sector. • Sanitation and Hygiene Promotion • Communities using local tools to open and close water ways that passes through human settlement. • Working on community dykes and other infrastructures • Relocation of affected communities to safer grounds. • Establishment and strengthening communities capacities for self-reliance • Water users committees trained • Rehabilitation of community water points (boreholes and wells • Community mobilizations and engagement • Sensitizations MWRI Page 181 Draft ESMF for Climate Resilient Flood Management Project (CRFM) • Capacity building for staff We could strengthen the current water resource management system through: The Project has taken not of these • Support the community with tools/ machines for better management of the flood. issues • Allocation of enough funds to water resource sector • Support the transport of personals to coordinate and move to all the counties. The role of the community in water resource management includes: The Project will build on these • Mobilization to go to higher grounds during eminent flooding capacities • Reporting to higher government authorities • Construction of community dykes Recommendations for improved water resource management: The Project takes note of these • To strengthen the community capacity recommendations. • Have communities do awareness • Have communities form a response committee • Capacity Building for the water resource government staff Important stakeholders that are currently excluded are: The Project will include these into its • Directorate of Water Resource Management. list of stakeholders • IOM • Donors and aid Partners Regulatory framework: The Project takes note of these • There is need for improvement suggestions. • Review of all the policies needed • Hold policy dialogue with the communities for disaster preparedness. • Do capacity building The current information system: The Project will aim to address these • Lack of weather forecast and prediction information gaps • Only NGOs provide weather information • Insecurity at county payam and boma • Irregular communication at all levels. • Improve the feedback flow of information • Poor access and coordination from the national to State level, and from the State to Counties, and to the Boma level. • Improve the feedback mechanism to make people’s voices to be heard. • Lack of trained and capacitated people in the water sector. MWRI Page 182 Draft ESMF for Climate Resilient Flood Management Project (CRFM) How to improve information system: The Project takes note of these suggestions • It could be improved through weather forecast stations • Improve the feedback flow of information • Train personals to keep the people informed with water related information • Establish a communication forum for national and state levels • Provide Monthly information and update on weather conditions • Trained personals to keep the people informed with water related information • Capacity building for directors Information about the Project is best provided through: The Project has reflected this in this • Radio SEP • Email • Telephone communication • websites • The national government should make a unified application to manage data and information that can be accessed at the state level If stakeholders have grievances about water resource management, they currently go The Project has taken note of this and to: has designed a GRM for the Project, which can be taken over by the • County Commissioner MWRI afterwards • State Governor • Commissioner • Governor • Relief and Rehabilitation Commission (RRC) • Directors • Director-Generals • County Commissioner • State Governor • Commissioner • Governor • The community • State and County Government MWRI Page 183 Draft ESMF for Climate Resilient Flood Management Project (CRFM) The most vulnerable members in the community are: The Project has taken note of this and included these groups in the SEP • Poor women and elders • Children • Women • Elderly We would very much welcome the construction of flood management structures This will be one of the main objectives of the project Flood risk management is the job of: The Project has taken note of this • The community members. • County Administration • State and County Government Maintenance of flood risk management structures: The Project will build this into its activities • The committee selected to maintain the infrastructures • State and County Government Social risks of the project: • There are no social risk concerns for the establishment of flood risk management structures Land-related risks: The Project takes note of this, and risks will be listed in the ESMF • Trees may need to be cut down accordingly • If trees are in the way: based on agreement, no problem. • Through consultation with community and State local government, water can be directed to areas without trees and crops. • In a defined location it may not have a problem • It is government responsibility to select the site. Risk of conflict: • There is no risk for conflict, and if so, the county administration will handle it through awareness • Because people are divided into sections, consultation may resolve the conflict. MWRI Page 184 Draft ESMF for Climate Resilient Flood Management Project (CRFM) • Conflict may arise when there is no sensitization and awareness done, but through government consultation on the local population, nothing will happen. Risk of GBV: The Project will build in appropriate risk mitigation measures, including a • There are risks between young men, but through awareness it can be addressed. dedicated SEA/SH Action Plan • Depending on the area selected Environmental concerns: The Project takes note of this • There are no environmental concerns, but need assessments should be done Project benefits for women: The Project takes note of that and will aim to include women as • They are also affected, they feel relieved from flood. beneficiaries • Their livelihoods may be saved • Since the activities will help to protect their livelihoods they will benefit from the project. Women Challenges in water resource management: The Project takes note of these Associations challenges • Waste disposal into the Nile • Limited supply of drinking water • Expensive distribution of clean drinking water • No practical work on cleaning the Nile • No personals to monitor waste disposal into the Nile • Inadequate sensitizations and awareness What works well in water resource management: The Project takes note of this and will build on it • Sensitization workshop on water resources management • Water preservation for consumption • Community awareness on the importance of environmental protection, proper waste disposal and water preservation How to strengthen water resource management system: The Project takes note of this • We call for support in our training program in many locations within the City Square. MWRI Page 185 Draft ESMF for Climate Resilient Flood Management Project (CRFM) • Women groups can maintain the structures Key challenges in information flows regarding water resource management: The Project has taken note of this • Lack of funds to sponsor radio talk shows. Recommendations for improvement of information flow: The Project will build in the recommendations in its activities • Sponsorship of jingles over the radio • Radio Talk shows • Provision of info should come from MWRI Best ways to communicate: This has been taken up in the Project’s stakeholder engagement • Emails strategy • Telephone Calls • WhatsApp Women with grievances in regards to water management call: The Project has taken note of this • The women network (association) Most vulnerable community members are: The group has been included into the SEP • The elderly We welcome construction of flood risk management structures The Project has taken note of this Are there GBV risks related to the project: The Project has prepared a dedicated SEA/SH Action Plan to mitigate • There is a risk of GBV during construction these risks Women’s roles could be: The Project will include women into these activities • Let women participate in construction and maintenance. MWRI Page 186 Draft ESMF for Climate Resilient Flood Management Project (CRFM) The CRFM will continue to engage all stakeholders and communities involved throughout the project life cycle, especially in the preparation and implementation of subprojects. For this purpose, a separate Stakeholder Engagement Plan has been developed for the project. The SEP seeks to define a structured, purposeful and culturally appropriate approach to consultation and disclosure of information, in accordance with ESS 10. It recognizes the diverse and varied interests and expectations of project stakeholders and seeks to develop an approach for reaching each of the stakeholders in the different capacities at which they interface with the project. The aim is to create an atmosphere of understanding that actively involves project-affected people and other stakeholders leading to improved decision making. The SEP lays out legal and policy requirements in regard to stakeholder engagements, lists engagements already undertaken, provides a stakeholder analysis of all relevant project-affected parties to the CRFM and lays out means of dissemination of information to different parties as well as means and ways to continue to consult different stakeholder groups throughout the project cycle. Furthermore, it contains a monitoring plan that ensures the implementation of the SEP. This Plan will therefore help guide local level consultations , once subproject specific designs and sites are known. At this point, the project team felt that local level consultations could spur expectations among local communities before decisions on sites have been taken. MWRI Page 187 Draft ESMF for Climate Resilient Flood Management Project (CRFM) 10. TRAINING AND CAPACITY BUILDING 10.1 Institutional Capacity Assessment Effective implementation of the ESMF and other E&S instruments will require technical capacity within the main project implementing institution (MWRI), the PIU, state ministries responsible for water resources and flood risk management as well as the national and state regulatory institutions responsible for environmental and social monitoring of the CRFM sub-project activities. There will be a need for an in-depth understanding of the operationalisation of the ESMF and other E&S instruments to be applied by the various institutions and key stakeholders involved in the implementation of CRFM subproject activities. Capacity building will be integral to support the project implementing institution and key stakeholders in appreciating their roles in providing supervision, monitoring, evaluation and environmental reporting on the project’s activities. Therefore, a special focus is needed to develop the capacity of the project implementing institution (MWRI), staff from project beneficiary state ministry institutions, as well as the environment regulatory institutions to support implementation of the CRFM project with regard to social and environmental aspects. The following sections outline the capacity building needs of the implementing agencies, partner and beneficiary institutions. 10.1.1 Assessment of capacities and practical experiences of implementing Agencies on Environmental and Social Risk Management. The main implementing agency of the CRFM project is the Ministry of Water Resources and Irrigation. Beneficiary institutions of the CRFM project consist of national and state level government institutions in the water, agriculture, livestock and fisheries sectors. The existing capacities and practical experiences of the main CRFM project implementing institutions in the area of environmental management are found to be generally moderate. During the virtual consultations carried with the main implementing agency (MWRI), it was learned that its existing organizational structure consists of environment related units found under the Planning Directorate and Water Resource Directorate. Whereas the Planning Directorate has an Environmental Safeguard Unit staffed with environmental engineer and social experts, the Water Resource Directorate have another unit engaged on environmental monitoring and assessment/audit focused on water quality. In both units the Ministry appears to have environmental and social development staff. MWRI Page 188 Draft ESMF for Climate Resilient Flood Management Project (CRFM) The MWRI also has experience in environmental and social risk management works gained through its multilateral funded project implementation activities in the past. The Ministry has been involved in successfully implementing multilateral funded projects such as the Ethio-Sudan Baro-Akobo-Sobat Project funded by the Nile Basin Initiative (ENTRO), the Netherland Government funded Water Supply Project for Western Equatoria, Keneti and Torid, the Water Harvesting Project and the Water Yard Project (though small EIA requirement). In all these projects MWRI have been commissioning the preparation of appropriate sub-project specific environmental safeguard instruments such as ESIAs to fulfill the requirements associated with project agreements. MWRI have been involved in carrying internal review for quality assurance of the ESIA documents prepared and is reported that it was sharing the ESIA documents to the MoEF for further review. In this process MWRI and its E&S safeguard staff appears to have acquired some experiences on project E&S risk management processes and procedures. It also appears that it has developed some working relations with the MoEF in reviewing ESIA documents. However, it was revealed during the virtual consultation that there is high turnover of employees in MWRI which is depriving it of its experienced staff. The new E &S staff would need to be trained to enhance their capacities in the area of environmental management. Moreover, it is noted that MWRI have been constrained by shortage of budget and logistics to undertake its Environmental and social risk management activities in many of its development activities. In summary, the virtual consultation discussions held with the various institutions have shown that there are capacity gaps in environmental and social management which needs to be filled through deploying adequate human resource and training. As a result, it is recommended that the capacity gap in E&S risk management should be filled in as follows. - Deploy full time professional Environment and Social risk management specialists in the PIU at the earliest possible, as per the ESCP (Note: MWRI have already assigned E & S contact persons as noted during the ESMF preparations and hence will need to formally assign to the PIU). - Assign qualified Environment and Social Focal Persons at the main beneficiary state ministry institutions at regional level expected to implement multiple subprojects (e.g.: dykes. Embankments, small dams, e.t.c). MWRI Page 189 Draft ESMF for Climate Resilient Flood Management Project (CRFM) The E&S risk management specialists at the PIU will contribute to the objectives of the CRFM which include: • The preparation, together with the state ministry E&S focal persons, of annual work programs and budgets to fulfill ESMF requirements of subprojects; • Monitoring compliance with E&S instruments, taking corrective actions where necessary ; • Collecting and managing information relevant to the compliance with E&S instruments (i.e. environmental monitoring and audit reports of ESMP), • Preparation of E&S reports as part of the overall Project Quarterly Progress Reports; • Ensuring that the national project implementing and state beneficiary bodies are supported adequately and that they adhere to the principles of the project, specific to compliance with ESMF guidelines. The environment and social focal persons to be deployed by state ministry beneficiary institutions will be responsible for the implementation of their respective subprojects in compliance with the requirements of the ESMF. The environment and social focal person will be supported by other members of the PIU, members of the technical working groups, as necessary in conducting the screening. 10.1.2 Assessment of capacities and practical experiences of State and County level EPAs The role of the environmental regulatory agencies in implementing the CRFM ESMF is unavoidably important. The MoEF have branches at the state and county levels, though the organizational structure and name of the state level institutions changes from state to state, i.e. as State Ministry of Agriculture and Environment, Livestock and environment, e.t.c. The virtual consultation carried with the key stakeholders revealed that existing institutional standing, institutional capacity and role of the state ministries for environment remains to be blurred due to the fact that the state and county level environment institutions are not yet well established. The role of the state ministries in the ESIA review and approval process is supposed to be providing its review comments on project ESIA documents to be implemented in the state. The initial submission and final approval of the ESIA report is supposed to be done at national level by the MoEF Environment and MWRI Page 190 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Sustainable Development Directorate. However, despite its weak capacities, the state ministries and county level environment offices would carry the day to day observation, monitoring and reporting of the project. 10.1.3 Training requirements One of the capacity building areas sought for by MWRI and the other stakeholder and state ministry beneficiary institution involved in the implementation of the CRFM subprojects is the provision of training. The training to be offered will also need to address target groups from different stakeholders institutions (e.g: Ministry of Agriculture, Ministry of Livestock and Fisheries, National and State Ministry of Environment and Forest, MWARI and PIU staff, as well as communities) which will have a role in implementing the ESMF and RPF at various levels. The training is also necessary for high level project coordination and management groups, (such as members of project steering committee and technical committee) as well as to relevant members of the broader beneficiary community to create awareness on environment management aspects of the CRMF project. As a result, the type of trainings necessary to these various target groups will vary and is briefly outlined as the followings: a. Technical training on E&S Instruments This detailed training will mainly focus on the technical staff that will be involved in directly applying the ESCP, ESMF, RPF, SEP and SMP procedures. It includes the E&S experts in the PIU at the project implementing institution (MWRI), E&S Focal Persons at the beneficiary State Ministry Institutions and relevant staff from key regulatory stakeholder institutions (e.g. national & state MoEF), as well as members of technical committees. Even though the Draft Environment Protection Bill is not enacted, relevant staff members of the National and State Ministries for environment and forest will have to participate in the training to include them in the National capacity building process for E&S risk management and to positively contribute for smooth implementation of CRFM ESMF and RPF. The training will focus in explaining the details of the National (draft) and World Bank ESS and the procedures that need to be fulfilled to comply with it. Implementation of the E&S instruments including all aspects of the World Bank ESSs, environmental management, EIA, public consultation, and integration of environmental MWRI Page 191 Draft ESMF for Climate Resilient Flood Management Project (CRFM) management into development planning will be the center topics for the training. The training will also cover skills upgrading refreshment topics such as, environmental and social screening and categorization processes, EIA review and quality assurance, environmental audits, environmental guidelines and others as necessary. Detailed topics that would need to be covered by the training include the following: ✓ Overview of enabling policy, legal and institutional framework for ESMF and RPF ✓ Basic principles of ESMF and RPF; ✓ Potential Environmental and Social Impacts for EDFP, ✓ Environmental and social screening process, ✓ Assignment of environmental categories, ✓ Preparation of terms of reference for carrying out ESIA/ESMPs and Strategic Environmental and Social Assessments (SESA), ✓ Preparation of TOR for Technical Assistance activities with potential downstream impacts, such as feasibility studies, that need to be consistent with the ESS. ✓ Review and clearance of the screening results and separate ESIA/ESMP reports, ✓ Supervision, monitoring, evaluation and environmental reporting; ✓ Participatory public consultation and engagement, ✓ Gender Based Violence (GBV) prevention and Control (GBV/SEA/SH Guidelines) ✓ Labor Management Procedures (LMP) ✓ Grievance Redress Mechanisms (GRM) of the CRFM, ✓ Stakeholders Engagement process in view of the SEP, ✓ Occupational and Community Health and Safety including road safety ✓ Emergency preparedness and response ✓ Conflict Analysis and Capacity in Conflict Prevention ✓ Resettlement action plan implementation ✓ COVID 19 transmission, prevention, preparedness, and response ✓ Gender equality and disability inclusion b. Awareness raising Integrating environmental and social considerations into development planning will encompass defining processes, procedures and responsibilities for environment related activities and actions into the preparation of the CRFM annual plans and budgets. Thus there will be a need to carry out E&S awareness workshops for officials of project MWRI Page 192 Draft ESMF for Climate Resilient Flood Management Project (CRFM) implementing and stakeholder institutions such as members of project steering committee and technical working groups on environmental management principles and ESMF procedures. The awareness raising workshops and trainings should target the higher officials, CRFM program management and coordination organs including relevant directorates of the national and state level beneficiary institutions. This will help to ensure that there is good knowledge of CRFM ESMF and RPF requirements at different levels in the main implementing and beneficiary state institutions, stakeholders and other professional and technical staffs. The awareness raising should focus on clarifying CRFM project objectives and components, its institutional arrangements for implementation and coordination, the need for complying with Environmental and Social Management Framework (ESMF) and so on. It is important to clarify the roles and responsibilities of each stakeholder based on established guidelines such as the ESMF, RPF and SEP. The awareness raising workshop will also be an important venue to introduce the contents of the new ESF and its Environmental and Social Standards (ESSs), ESMF and RPF procedures and associated implementation requirements of the World Bank and the GoSS. CRMF national and state beneficiary institutions that will participate in project implementation and relevant National and State Ministries for Environment and Forest will have to obtain copies of the ESMF, RPF as well as all relevant guidelines and procedures relating to environmental protection, cultural heritage and resettlement issues. Furthermore, awareness raising at the community level, in sub-project areas will include topics, such as GBV/SEA/SH, Covid-19, HIV/AIDS, CoCs etc… Table 6: Capacity development and training plan Objectives Issues for Method of Stakeholders/target Responsible Time frame engagement engagement population and person area Institutional Capacity Training Project staff, MWRI PMU Bi-annually Strengthening Development Enhance GRM Meeting: Beneficiaries at Community awareness and Plenary place of work Mobilizer / knowledge about discussion PMU/MWRI GRM with questions and answer MWRI Page 193 Draft ESMF for Climate Resilient Flood Management Project (CRFM) GRM Meeting: Local Government PMU/MWRI Monthly Plenary leaders discussion with questions and answer Subproject E&S Meeting PMU/MWRI/MoEF/ PMU Prior to Environmental Screening State Ministries of commencem and Social Environment. ent of sub- screening projects Stakeholder SEP Meeting PMU/Stakeholder PMU Prior to engagement Institutions/Contract commencem ors ent of sub- projects GBV Action Plan GBV risks Meetings Beneficiaries, PMU/MWRI Quarterly communities, contractors, subcontractors, primary suppliers, workers LMP Labor risks Meetings Contractors, PMU/MWRI Quarterly subcontractors, primary suppliers, workers Emergency EPP Training Contractors, PMU/MWRI Prior to preparedness and subcontractors, commencem response primary suppliers, ent of sub- workers projects Disability Vulnerable Training Contractors, PMU/MWRI Prior to inclusion training groups subcontractors, commencem primary suppliers, ent of sub- workers projects Implementation, E&S risk Meetings Contractors, PMU/MWRI Prior to monitoring and mitigation subcontractors, commencem reporting of operators primary ent of sub- ESMPs suppliers, workers projects Training for OHS risk FGDs, site Contractors, PMU/MWRI prior to Project workers management visits and community workers, construction on occupational interviews beneficiaries, IP, works health and safety communities that including on will be part of the emergency operational phase prevention and preparedness and response arrangements to emergency situations. MWRI Page 194 Draft ESMF for Climate Resilient Flood Management Project (CRFM) 10.2 Proposed ESMF Implementation Budget The breakdown of estimated costs for the implementation of the ESMF is provided in Table 5. This includes the costs of providing the capacity building and training set out in Chapter 10. The total estimated budget costs for mainstreaming environment and social risk management into the CRFM subprojects for the entire five years of project life span is USD 1,075,000. It will consist of: h) USD 200,000 which will be included in the consultants procured to provide ESIA/ESMP for CRFM subprojects involving physical construction. These consultants will be responsible for the work on preparation of ESIA, ESMP, and RAP documents during the five years of project implementation period. i) USD 85,000 for delivery of two training sessions on ESMF , RPF, LMP, GBV/SEA as described in Section 10.2 and another two awareness raising workshop sessions at the start and mid of project implementation period j) USD 240,000 for provision of an Environmental and Social expert in CRFM PIU for the five years duration of the project; k) USD 175,000 to undertake annual external Environmental and Social Performance Audit l) USD 275,000 for Implementation and monitoring of GBV/SEAH action plan for five years m) USD 50,000 for operationalization and running of the GRM system for five years n) USD 50,000 for implementing the stakeholder engagement plan (SEP) The above costs will be funded from CRFM project. The CRFM PIU Environmental and Social Specialists will report on CRFM ESMF expenditure. This will provide for another way of monitoring on the extent that environmental and social risks are being addressed by the project beneficiaries and stakeholders. Costs related to the required mitigation measures for CRFM subprojects are not set out in the budgets presented here. These will be assessed and internalized by beneficiary institutions as part of the overall CRFM subproject cost. It is extremely difficult to estimate the proportion of project costs that can be expected to be devoted to mitigation measures. MWRI Page 195 Draft ESMF for Climate Resilient Flood Management Project (CRFM) However, a rough rule of thumb is that they should be expected to cost between 2% and 5% of the total project cost. Compensation and resettlement costs will be borne by project beneficiaries. MWRI Page 196 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Table 7: Proposed Budget for Implementation of the CRFM ESMF Activity YR1 YR2 YR3 YR4 YR5 TOTAL Notes Technical Assistance support Assume lump sum USD 40,000 for for preparation of ESMF & preparation of 2 ESIA & 2 RP reports, 40,000 40,000 40,000 40,000 40,000 200000 RPF Screening Reports, per year ( assuming that one document ESIAs, ESMPs, RPs, prepared by 10,000USD) A lump sum budget to operationalize the Implementation of GRM 10,000 10,000 10,000 10,000 10,000 50,000 GRM Implementation of SEP 10,000 10,000 10,000 10,000 10,000 50,000 Assume 25 participants x USD 100 pd x 2 Training supplier delivers days awareness raising workshop + 25 Technical ESMF, RPF, LMP, 42500 42500 85000 participants x USD 100 pd in depth GBV/SEA training technical training x 5days + stationary (5000USD) + trainers cost (20000 USD) PIU Envi & Social risk Assume average of USD 2000 per month 48,000 48,000 48,000 48,000 48,000 240,000 management experts total wage x 2 persons. Budget for external Annual External Environmental and social Environmental and Social 35,000 35,000 35,000 35,000 35,000 175,000 performance Audit to be carried once per Performance Audit year. For GBV budget cost breakdown refer Implementation of GBV 55,000 55,000 55,000 55,000 55,000 275,000 table (i) in Annex H: SEA/SH Action action Plan Plan Total ESMF costs 240,500 198000 240500 198000 198000 1075 000 MWRI Page 197 Draft ESMF for Climate Resilient Flood Management Project (CRFM) 11. MONITORING OF E&S IMPLEMENTATION As per the ESCP, quarterly E&S performance monitoring report on compliance with all E&S instruments will be prepared by the PIU Environmental and Social Specialists and delivered to the PIU Director, MWRI, the Water Sector Steering Committee and the World Bank and the M&E Specialist. The E&S repots will be integrated into the Project Quarterly Progress Reports and submitted to the World Bank no later than 30 days after the end of the Quarter. In addition, any “Substantial or Higher Risk” subproject financed by CRFM that has been subject to an ESIA study will also be required to produce an annual performance audit report, for delivery to MoEF and the World Bank. Furthermore, the PIU Environmental and Social Specialist will conduct regular monitoring and supervision – based on the monitoring indicators in the generic ESMP and sub-project specific indicators. Monitoring results will be included in the quarterly E&S reports. An external independently-commissioned annual environmental and social risk management and performance audit will be carried out in all CRFM subprojects, implementing and beneficiary institutions. This will be conducted as part of the annual performance audit of the CRFM. The external independent risk management and performance audit team will report to MWRI PIU and the World Bank. The annual E&S performance audit is necessary to indicate: a) To what extent environmental and social considerations are being incorporated into the planning process; b) That mitigation measures are being identified and implemented by project implementing and stakeholder institutions, and c) To check that CRFM subprojects are being correctly screened. The audit will be able to identify any amendments in the ESMF approach that are required to improve its effectiveness. The E&S annual performance audit report will include: • A summary of the environmental and social performance of the CRFM, based on a sample of subprojects; • A presentation of compliance and progress in the implementation of the project ESMPs, RPs; MWRI Page 198 Draft ESMF for Climate Resilient Flood Management Project (CRFM) • A review of implementation of Gender/GBV action plan implementation, assessment of robustness and functionality of GRM, assessment of effectiveness of stakeholders engagement • A synopsis of the environmental and social performance audit results from individual project monitoring measures (as set out in the project ESMPs, and RPs). MWRI Page 199 Draft ESMF for Climate Resilient Flood Management Project (CRFM) ANNEX A: Environmental & Social Screening Form Project Name: District/City: Project Location: Nature/Size: Type of activity : (e.g. new construction, expansion, installation, periodic maintenance): Name & Signature of Evaluator: Date of Field Evaluation: Appraisal Risk / Significance rating Yes/No Substantial Moderate unknown None High Low 1 Environmental Screening (ESS3 and ESS6) Will the project generate the following impacts? 1.1 Loss of trees 1.2 Soil erosion/siltation in the area 1.3 Pollution to land-diesel ,oils 1.4 Dust emissions 1.5 Solid and liquid wastes 1.5 Borrow pits and pools of stagnant water 1.6 Rubble/heaps of excavated soils 1.7 Emergence of wildfire 1.8 Invasive tree species 1.9 Long term depletion of water 1.11 Exposure to hazardous chemicals including PCBs 1.12 Nuisance from noise or smell 1.13 Loss of soil fertility 1.14 Generation of hazardous waste including solar batteries 1.15 Cross through, located within or nearby environmentally sensitive areas (e.g. national parks, intact natural forests, wetlands, e.t.c)? 1.16 Cause poor water drainage and increase the risk of water-related diseases such as malaria or bilharzias? 1.17 Risk of exposing the workers to extremely hazardous working conditions. 2 Resettlement Screening (ESS5) Will the project generate the following negative social and economic impacts? 2.1 Loss of land by households 2.2 Loss of properties –houses, structures 2.3 Loss of perennial trees, fruit trees by households MWRI Page 200 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Appraisal Significance Yes/No Substantial Moderate unknown None High Low ESS5, ESS8, ESS4, ESS2 2.4 Loss of crops by people 2.5 Loss of access to river/forests/grazing area 2.6 Impact heritage site, graveyard land 2.7 Conflicts over use of local water resources 2.8 Disruption of important pathways, footpath/roads 2.9 Loss of communal facilities –churches 2.10 Loss of livelihood system 2.11 Risk of encouraging child labor. 2.12 Risk of workers to extreme exposure for GBV 2.13 Spread of HIV/AIDS and other STI Categorization & Recommendations: After compiling the above, determine which risk category the subproject falls under based on the environmental categories High, Substantial, Moderate and Low risk. If the subproject falls under “Substantial, Moderate or low” risk categories, proceed to identify the category of the subproject based on the National EIA guidelines issued by the respective Countries. ➢ World Bank ESF Categorization CRFM subproject likely to fall under “High Risk” rating. In the likely event that subproject falls under “High Risk” the High Risk Environmental and social Assessment should be conducted in accordance with the World Bank Environmental and Social Standards (ESSs) by preparing an ESIA study report. CRFM subproject likely to fall under “Substantial Risk” rating. In the likely event that subproject falls under “Substantial Risk” Substantial the Environmental and Social Assessment of the subproject Risk should be conducted in accordance with any requirements of the ESSs that the Bank deems relevant to such subprojects by preparing an ESIA study report. MWRI Page 201 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Environmental and Social Assessment of the subproject should Moderate be conducted in accordance with any requirements of the ESSs Risk that the Bank deems relevant to such subprojects by preparing an ESMP. Low Risk Subproject is not subject to environmental assessment as no potential impacts are anticipated. *Place tick in applicable box MWRI Page 202 Draft ESMF for Climate Resilient Flood Management Project (CRFM) ANNEX B: GUIDANCE FOR SUBPROJECT RISK CATEGORIZATION Pursuant to the ES Policy, subprojects are classified as High Risk, Substantial Risk, Moderate Risk or Low Risk taking into account relevant potential risks and impacts. 1. A Project is classified as High Risk after considering, in an integrated manner, the risks and impacts of the Project, taking into account the following, as applicable. a. The Project is likely to generate a wide range of significant adverse risks and impacts on human populations or the environment. This could be because of the complex nature of the Project, the scale (large to very large) or the sensitivity of the location(s) of the Project. This would take into account whether the potential risks and impacts associated with the Project have the majority or all of the following characteristics: (i) Long term, permanent and/or irreversible (e.g., loss of major natural habitat or conversion of wetland), and impossible to avoid entirely due to the nature of the Project; (ii) High in magnitude and/or in spatial extent (the geographical area or size of the population likely to be affected is large to very large); (iii) Significant adverse cumulative impacts; (iv) Significant adverse transboundary impacts; and (v) a high probability of serious adverse effects to human health and/or the environment (e.g., due to accidents, toxic waste disposal, etc.); b. The area likely to be affected is of high value and sensitivity, for example sensitive and valuable ecosystems and habitats (legally protected and internationally recognized areas of high biodiversity value), lands or rights of Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities and other vulnerable minorities, intensive or complex involuntary resettlement or land acquisition, impacts on cultural heritage or densely populated urban areas. c. Some of the significant adverse ES risk and impacts of the Project cannot be mitigated or specific mitigation measures require complex and/or unproven mitigation, compensatory measures or technology, or sophisticated social analysis and implementation. d. There are significant concerns that the adverse social impacts of the Project, and the associated mitigation measures, may give rise to significant social conflict or harm or significant risks to human security. e. There is a history of unrest in the area of the Project or the sector, and there may be significant concerns regarding the activities of security forces. f. The Project is being developed in a legal or regulatory environment where there is significant uncertainty or conflict as to jurisdiction of competing agencies, or where the MWRI Page 203 Draft ESMF for Climate Resilient Flood Management Project (CRFM) legislation or regulations do not adequately address the risks and impacts of complex projects, or changes to applicable legislation are being made, or enforcement is weak. g. The past experience of the implementing agencies in developing complex Projects is limited; their track record regarding ES issues would present significant challenges or concerns given the nature of the Project’s potential risks and impacts. h. There are significant concerns related to the capacity and commitment for, and track record of relevant Project parties, in relation to stakeholder engagement. i. There are a number of factors outside the control of the Project that could have a significant impact on the ES performance and outcomes of the Project. 2. A Project is classified as Substantial Risk after considering, in an integrated manner, the risks and impacts of the Project, taking into account the following, as applicable. a. the Project may not be as complex as High Risk Projects, its ES scale and impact may be smaller (large to medium) and the location may not be in such a highly sensitive area, and some risks and impacts may be significant. This would take into account whether the potential risks and impacts have the majority or all of the following characteristics: (i) They are mostly temporary, predictable and/or reversible, and the nature of the Project does not preclude the possibility of avoiding or reversing them (although substantial investment and time may be required); (ii) there are concerns that the adverse social impacts of the Project, and the associated mitigation measures, may give rise to a limited degree of social conflict, harm or risks to human security; (iii) they are medium in magnitude and/or in spatial extent (the geographical area and size of the population likely to be affected are medium to large); (iv) the potential for cumulative and/or transboundary impacts may exist, but they are less severe and more readily avoided or mitigated than for High Risk Projects; and (v) there is medium to low probability of serious adverse effects to human health and/or the environment (e.g., due to accidents, toxic waste disposal, etc.), and there are known and reliable mechanisms available to prevent or minimize such incidents; b. The effects of the Project on areas of high value or sensitivity are expected to be lower than High Risk Projects. c. Mitigatory and/or compensatory measures may be designed more readily and be more reliable than those of High Risk Projects. d. The Project is being developed in a legal or regulatory environment where there is uncertainty or conflict as to jurisdiction of competing agencies, or where the legislation or MWRI Page 204 Draft ESMF for Climate Resilient Flood Management Project (CRFM) regulations do not adequately address the risks and impacts of complex Projects, or changes to applicable legislation are being made, or enforcement is weak. e. The past experience of the implementing agencies in developing complex Projects is limited in some respects, and their track record regarding ES issues suggests some concerns which can be readily addressed through implementation support. f. There are some concerns over capacity and experience in managing stakeholder engagement but these could be readily addressed through implementation support. 3. A project is classified as Moderate Risk after considering, in an integrated manner, the risks and impacts of the Project, taking into account the following, as applicable: a. the potential adverse risks and impacts on human populations and/or the environment are not likely to be significant. This is because the Project is not complex and/or large, does not involve activities that have a high potential for harming people or the environment, and is located away from environmentally or socially sensitive areas. As such, the potential risks and impacts and issues are likely to have the following characteristics: (i) Predictable and expected to be temporary and/or reversible; (ii) Low in magnitude; (iii) Site-specific, without likelihood of impacts beyond the actual footprint of the Project; and (iv)Low probability of serious adverse effects to human health and/or the environment (e.g., do not involve use or disposal of toxic materials, routine safety precautions are expected to be sufficient to prevent accidents, etc.). b. The Project’s risks and impacts can be easily mitigated in a predictable manner. 4. A project is classified as Low Risk if it’s potential adverse risks to and impacts on human populations and/or the environment are likely to be minimal or negligible. These Projects, with few or no adverse risks and impacts and issues, do not require further ES assessment following the initial screening. MWRI Page 205 Draft ESMF for Climate Resilient Flood Management Project (CRFM) ANNEX C: GRM FORM Reference No: ___________________ Details of Complainant: Note: you can remain Full name: ____________________________________________ anonymous if you prefer or request not to disclose your ❏ I wish to raise my grievance anonymously identity to the third parties without your consent ❏ I request not to disclose my identity without my consent Contact __________________________________________________ ❏ By Mail: Please provide mailing address: ______________________________________________________________________________ Gender of Complainant: Age of Complainant: Contact Information Please tick how you wish to be contacted: - ❏ E-mail, ❏ Telephone, ❏ in Person ❏ By Telephone: ______________________________________________ ❏ By E-mail __________________________________________________ ❏ One time incident/grievance Date ____/_____/ ❏ Happened more than once (how many times) _________ ❏ On-going (currently experiencing problem) MWRI Page 206 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Description of Incident or Grievance: Location of grievance: What happened? Where did it happen? Who did it ______________________________________________________ happen to? What is the result ______________________________________________________ of the problem? ______________________________________________________ ______________________________________________________ ______________________________________________________ ________________________________________________ ______________________________________________________ __ What would you like to see happen to resolve the problem? __________________________________________________________________________________ __________________________________________________________________________________ _____________________________________________________________ Part 2: Grievance Register The grievance register will contain the following information (ideally in an excel file, or if at local level in a book): Table 6 Grievance Register Type of Information Response Complaint/ Log number Reference document (s) Date complaint made Date complaint received Category of Grievance Method of Logging: Direct Communication; Suggestion Box; Toll-free Line; Complaint name (state if anonymous) Location in which complained action took place (district, village) MWRI Page 207 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Caller contacts for follow up Gender Age Parties against whom complaint is made (unit/contractor/agency etc) Nature of Complaint ["SEA/GBV"; "Timing of Payment"; "Amount of Payment"; "Inclusion or Issue regarding Project benefits" or create standard categories based on complaint type] Description of Complaint Nature of feedback (describe)[In case issue type is GBV/SEA immediate referral to the GBV referral system] Verification and investigation (describe) Recommended action (describe) Timeline of Initial feedback (within 5 days) [investigate the claim within 5 working days, and share findings/feedback with relevant stakeholder] Status update (and justification if it is not expected to be resolved within the timeframe set out) Date resolved Indicate if a spot check has been conducted (you can include then in the narrative reports spot checks for resolutions of x number of complaints have been conducted) MWRI Page 208 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Annex D: GBV/SEA Case Registration Form Table 7 GBV/SEA Case Registration Form GBV/SEA/SH Case Registration Form Administrative Information 1. Grievance ID 2. Code of Survivor (Employ a coding system to ensure that client names are not easily connected with case information) 3. Date of grievance registration 4. Date of Incident 5. Reported by survivor or an escort of the survivor, in the presence of the survivor 6. Reported by someone other than the survivor without survivor present Survivor Information 7. Gender / age 8. Location / Residence 9. Current civil/marital status 10. Occupation 11. Is the survivor a person with mental or physical disabilities? 12. Is the survivor an unaccompanied or separated child? 13. Was the perpetrator related to the project? 14. Has Informed Consent been provided? yes/no? Has the case been reported elsewhere (including police / lawyer/health services/psychosocial counseling, other)? Sub-Section for Child Survivor If the survivor is a child (less than 18 years), does he or she live alone? If the survivor lives with someone, what is the relation between her/him and the caretaker? (parent/guardian; elative; spouse; other) What is the caretaker’s current marital status? Details of the Incident (in survivor’s words) Details of the incident Incident location and time Were money, goods, benefits and/or services exchanged in relation to the incident? Alleged Perpetrator Information Number of alleged perpetrators Sex of alleged perpetrators Age group of alleged perpetrator(s) Indicate relationship between perpetrator(s) and survivor Main occupation of the alleged perpetrator(s) Employer of the alleged perpetrator(s) Planned Actions / Actions Taken Was the survivor referred by anyone? Was the survivor referred to a safe house / shelter? Which services does the survivor wish to be referred to? MWRI Page 209 Draft ESMF for Climate Resilient Flood Management Project (CRFM) - Psychosocial services - Legal services - Police - Health services - Livelihood program What actions were taken to ensure the survivor’s safety? Describe the emotional state of the client at the beginning of the report Other relevant information MWRI Page 210 Draft ESMF for Climate Resilient Flood Management Project (CRFM) ANNEX E: SAMPLE CHANCE FIND PROCEDURES This procedure was developed in accordance with the mandate of the Ministry of Youth, Culture and Sports (Directorate of Archives and Antiquities) of protecting and preserving both tangible and intangible cultural heritage records of South Sudan and the requirements of the World Bank’s ESS 8 (To protect cultural heritage from the impacts of project activities and support its preservation, to address cultural heritage as an integral aspect of sustainable development, to promote meaningful consultation with stakeholders regarding cultural heritage and to promote the equitable sharing of benefits from the cultural heritage). This procedure is included as a standard provision in the implementation of Public Works contracts to ensure the protection of cultural heritage (Archaeological and Historical Sites). The PIU, all IPs as well as contractors will be required to observe this procedure as documented hereafter. Subprojects that require excavation or construction in sites of known archaeological will not be allowed, including sites where the project would require FPIC due to impacts on cultural heritage. Where historical remains, antiquity or any other object of cultural or archaeological importance are unexpectedly discovered during construction in an area not previously known for its archaeological interest, the following procedures should be applied: Stop construction activities; ➢ Delineate the discovered site area; ➢ Secure the site to prevent any damage or loss of removable objects. In case of removable antiquities or sensitive remains, a full-time guard should be present until the responsible authority takes over; ➢ Notify the responsible foreman/archaeologist, who in turn should notify the responsible authorities, the concerned officers from the Directorate of Archives and Antiquities and local authorities (within less than 24 hours); ➢ Responsible authorities are in charge of protecting and preserving the site before deciding on the proper procedures to be carried out; ➢ An evaluation of the finding will be performed by the concerned officers from the Ministry of Youth, Culture & Sports in the Directorate of Archives and Antiquities. The significance and importance of the findings will be assessed according to various criteria relevant to cultural heritage including aesthetic, historic, scientific or research, social and economic values; ➢ Decision on how to handle the finding will be reached based on the above assessment and could include changes in the project layout (in case of finding an irrevocable remain of cultural or archaeological importance), conservation, preservation, restoration or salvage; MWRI Page 211 Draft ESMF for Climate Resilient Flood Management Project (CRFM) ➢ Implementation of the authority decision concerning the management of the finding; ➢ Construction work can resume only when permission is given from the concerned officers from the Ministry of Youth, Culture & Sports after the decision concerning the safeguard of the heritage is fully executed; In case of delay incurred in direct relation to archaeological findings not stipulated in the contract (and affecting the overall schedule of works), the contractor may apply for an extension of time. However, the contractor will not be entitled for any kind of compensation or claim other than what is directly related to the execution of the archaeological findings works and protections. MWRI Page 212 Draft ESMF for Climate Resilient Flood Management Project (CRFM) ANNEX F: TERMS OF REFERENCE FOR SESA Ministry of Water Resources and Irrigation Terms of Reference for Preparation of Strategic Environmental and Social Assessment (SESA) for Water Resource Master Plan Development of the CRFMP MWRI Page 213 Draft ESMF for Climate Resilient Flood Management Project (CRFM) TABLE OF CONTENTS 1. BACKGROUND ..................................................................................................................................... 215 1.1. CONTEXT ........................................................................................................................................... 215 1.2. PROJECT COMPONENTS ...................................................................................................................... 216 1.3. ENVIRONMENTAL AND SOCIAL RISK RATINGS OF THE PROJECT ........................................................ 217 2. OBJECTIVES OF THE CONSULTANCY SERVICE ....................................................................... 217 3. SCOPE OF WORK AND EXPECTED OUTPUT ............................................................................... 219 4. DELIVERABLES ................................................................................................................................... 227 5. TIMELINE OF THE CONSULTANCY SERVICE ............................................................................ 227 6. CONSULTANT’S TEAM AND QUALIFICATIONS ......................................................................... 227 7. CONSULTANT’S PROPOSAL ............................................................................................................. 229 8. CLIENT’S SUPPORT ............................................................................................................................ 229 9. ANNEX A: INDICATIVE OUTLINE FOR ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT (ESIA) REPORT ...................................................... ERROR! BOOKMARK NOT DEFINED. MWRI Page 214 Draft ESMF for Climate Resilient Flood Management Project (CRFM) 1. BACKGROUND Strategic environmental and social assessment (SESA) is a systematic examination of environmental and social risks and impacts, and issues, associated with a policy, plan or program, typically at the national level but also in smaller areas. The examination of environmental and social risks and impacts will include consideration of the full range of environmental and social risks and impacts incorporated in ESS1 through 10 of the ESF. SESA applied to spatial/regional plans or programmes provides an important opportunity to integrate sustainable development approaches within the decision-making process. It encourages multi-stakeholder consultation and ensures that the environmental consequences of plans and programmes are identified and assessed during preparation and before their adoption. The SESA process will search for alternatives when considering the environmental, social and economic impacts of the proposal. 1.1 Context South Sudan faces significant economic, socio-political and climate challenges. For decades prior to independence, the country experienced conflict, marginalization, and underdevelopment, which led to a protracted humanitarian crisis and prevented the development of human and natural capital. Since independence in 2011, South Sudan has experienced generalized chronic instability, protracted civil war and frequent climate-related disasters. Conflict has only recently subsided with the formation of the Transitional Government of National Unity in February 2020, based on the terms laid out in the September 2018 Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan. As a result of decades of fragility, insecurity, and disasters more than 8.9 million people of the estimated 12.4 million total population are in need of humanitarian assistance and protection in 2022. South Sudan has many plains and plateaus that are drained by the Nile and its numerous tributaries. The Country is endowed with substantial water resources, mostly from the Nile River (White Nile and Blue Nile), its tributaries and aquifers. South Sudan’s complex hydrology influences flood hazard across the country. South Sudan is a global hotspot of flood risk, ranking 7th for share of population exposed to riverine floods. Significant floods in 2019 and 2020 were further surpassed by record floods in 2021, which affected over 1 million people and displaced more than 300,000. Economic damages are estimated to be on the order of US$ 671 million. Floods have rippling effects on food security, livelihoods, and social dynamics, especially for women and girls. The 2021 floods heightened food insecurity and resulted in over 730,000 people needing food assistance and livelihood support. Floods are also source of livelihoods for millions of people living along the Nile River and in the floodplain zones, where receding and rising floodwaters provide water for crop cultivation and fishing. At least one fifth of the population depends on fisheries for their livelihoods. Pastoralists also follow the receding flow with grazing land becoming available as the flood waters retreat to the main river channel. However, the lack of infrastructure, systems and practices for use and management of floodwaters limits the productivity of the floodplains MWRI Page 215 Draft ESMF for Climate Resilient Flood Management Project (CRFM) and contributes to soil erosion and waterlogging. Flood risk management also has a regional dimension, necessitating transboundary water cooperation with riparian neighbors. Seasonal flooding mainly occurs between July and September, when heavy rains fall in many parts of the country, especially in the eastern region, and in the African Great Lakes region, leading to the flooding of the Nile River tributaries. Extensive seasonal flooding occurs particularly around the Sudd wetlands, along the White Nile and the Machar marshes, along the Sobat River in the Greater Upper Nile region, when many parts of the country are left under water. Flooding is an annual occurrence in South Sudan and causes large swaths of pastureland and cropland to be submerged, resulting in food insecurity. Such flooding also acts as a source of conflict between communities: when pastoralists move their herds, they encounter other communities whose lands have not been flooded without having received proper permission for access, which often results in conflicts as each community tends to protect their pastureland or crops. The South Sudan Climate Resilient Flood Management (CRFM) project aims to strengthen national and sub-national institutions, to better manage water resources for climate adaptation and support climate resilient flood risk management in select river sub-basins. With a focus on sub-basin level interventions in flood management and establishment of the information and institutional basis for long-term water resources management for climate adaptation, the project complements existing efforts aimed at flood risk mitigation through the Enhancing Community Resilience and Local Governance Project – Phase II (ECRP II) as well as those of other humanitarian and development partners. The project development objective (PDO) of the CRFM project is to improve climate resilient water resources management and enhance resilience to floods in select river basins in South Sudan. The CRFM project will be financed by the International Development Association (IDA) with a total grant amount of 50 million USD. The project will be implemented for five years from 2023 to 2028 G.C. The CRFM project will finance development of National water resources master plan, feasibility studies, environmental and social impact assessments, and engineering designs for flood management infrastructure in targeted river sub-basins. 1.2 Project Components The Project Development Objective (PDO) is to improve climate resilient water resources management and enhance resilience to floods in select river basins in South Sudan. The project development objective is envisioned to be achieved through implementation of four interlinked components: (i) climate resilient policies, plans and institutions; (ii) climate resilient flood infrastructure and services; (iii) project management and implementation support; and (iv) contingent emergency response. The main focus of this ToR is on Component 1 of the CRFM project which will finance the preparation of National Water Resource Master Plan (subcomponent 1.1). MWRI Page 216 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Component 1: Climate Resilient Policies, Plans and Institutions. This component will finance institutional strengthening and capacity building for water sector at national, state and county levels to help advance understanding of the country’s water resources endowment and water-related risks and improve strategic flood management for climate adaptation. Component 1 consists of the following four subcomponents: Subcomponent 1.1: Develop national water resources master plan that links water sector actions with broader development, peace and stability goals and identifies priority water sector investments needed to achieve these goals. The plan is expected to explore the country’s water needs and risks and set out the scale of action needed to ensure resilient supplies and healthy ecosystems. The master plan is expected to cover three main thematic areas: (i) water resources endowments and demands (an inventory of South Sudan’s surface and groundwater water resources in relation to current and future demands for water by all users, including the environment), (ii) water risks (a strategic understanding and mapping of drought and flood risks), and (iii) investments (a portfolio of water resources management investments considering the country’s broader development, peace and stability goals and uncertain growth and climate change trajectories). The national master plan will be developed following the country’s hydrological sub-division and will reflect the different endowments, risks, and priorities in each of the four major river basins. Furthermore, the plan will identify investment options that (i) combine green and gray infrastructure and (ii) are adaptive and robust to uncertainty, rather than simply least cost. 1.3 Environmental and Social Risk Ratings of the Project The environmental and social risk rating of the project is High while the SEA/SH risk has been rated as Substantial. 2. OBJECTIVES OF THE CONSULTANCY SERVICE The technical services of the environmental and social consultants team (“Consultant”) are required to perform a Strategic Environmental and Social Assessment (SESA) for the Preparation of National Water Resource Master Plan which will be implemented under Component 1 and subcomponent 1.1 of the South Sudan Climate Resilient Flood Management Project. The main objectives of this ToR is to ensure a comprehensive and participatory Strategic Environmental and Social Assessment (SESA) that can integrate environmental and social considerations into the development process of the National Water Resource Master plan in a manner consistent with the existing South Sudan environmental and conservation laws and regulations, other laws of relevance and the World Bank’s Environmental and Social framework standards. The SESA will be conducted in compliance with the National Environmental and conservation laws and the World Bank ESF standards (ESS 1 -10). The specific objective of this SESA is to: MWRI Page 217 Draft ESMF for Climate Resilient Flood Management Project (CRFM) (i) To promote sustainability with public participation in the master plan development process encompassing economic, social and environmental sustainability, (ii) Identify the positive and negative social and environmental impacts and the risks associated with the likely implementation of the Water Resource Master plan, (iii) To explore and evaluate suitable alternatives (iv) Assess the policy, legal and institutional framework and capacity to manage these issues, and (v) To propose a set of actionable recommendations by which these issues can be addressed at a higher level so as to enhance environmental sustainability and social equity of the water sector development. 2.1 Basic principles for Strategic Environmental and Social Assessment (SESA) To be influential and help improve the master plan development and decision-taking, the SESA should: ✓ Establish clear goals. ✓ Be integrated with existing policy and planning structures. ✓ Be flexible, iterative and customized to context. ✓ Analyze the potential effects and risks of the proposed water resource master plan, and its alternatives, against a framework of sustainability objectives, principles and criteria. ✓ Provide explicit justification for the selection of preferred options and for the acceptance of significant trade-offs. ✓ Identify environmental and other opportunities and constraints. ✓ Address the linkages and trade-offs between environmental, social and economic considerations. ✓ Involve key stakeholders and encourage public involvement. ✓ Include an effective, preferably independent, quality assurance system. ✓ Be transparent throughout the process, and communicate the results. ✓ Be cost-effective. ✓ Encourage formal reviews of the SESA process after completion, and monitor outputs. ✓ Build capacity for both undertaking and using SESA. MWRI Page 218 Draft ESMF for Climate Resilient Flood Management Project (CRFM) 3. SCOPE OF WORK AND EXPECTED OUTPUT In general, the Consultant will perform the following key tasks as part of the Strategic Environmental and Social Assessment (SESA): I. Screening: (a) Undertake screening to determine whether an SESA should be carried out. The screening will be aimed at determining whether the national water resource master plan should or should not be subject to the Strategic Environmental and Social Assessment procedure. The key questions that should be considered during the screening process include the following. ➢ What are the likely outcomes of the proposed national water resource master plan? ➢ Will proposed national water resource master plan have significant E&S impacts (positive or negative)? ➢ Is there benefit in developing a sustainable framework to guide future development? At this screening stage in the SESA process it is important to focus on identifying the significant environmental and socio-economic opportunities and impacts from the proposed national water resource master plan, as well as the potential for cumulative effects. The screening process can be supported by tools such as checklists containing established criteria or lists of questions to ensure a consistent approach is applied to screening. However, it is also important to engage with stakeholders. (b) Identify interested and affected stakeholders and plan their involvement. The SESA should be a participatory process. It should allow civil society, including the private sector and relevant stakeholders that will be affected by the proposed national water resource master plan, to contribute inputs to the strategic decision making. Therefore, screening should include careful stakeholder analysis to identify stakeholders and prepare a communication plan to be used throughout the SESA. If the public is not used to being engaged, particularly at the strategic level, and if there are no precedents, it is critical to include an education component in the public engagement process. Active public engagement should take place from scoping onwards to the review of the draft SESA report. A public engagement and disclosure plan can assist in identifying relevant stakeholder groups and appropriate MWRI Page 219 Draft ESMF for Climate Resilient Flood Management Project (CRFM) communication methods. It is important to identify and engage those stakeholders who are the most exposed to environmental degradation. II. Scoping the SESA (a) Undertake a scoping process that should establish the content of the SESA and the relevant criteria for assessment. Scoping of the SESA should be carried out to establish the focus and content of the SESA. This builds on the work carried out in the screening stage by describing the existing legal and policy framework, identifying additional environmental and socioeconomic issues, determining appropriate objectives, indicators and targets for the SESA, as well as identifying possible alternatives to the proposed national water resource master plan and relevant stakeholders to be consulted. The Scoping as a structured method should be applied for identifying key sustainability issues related to the national water resource master plan under preparation. The SESA scoping phase is essential for an effective SESA process as it should sets out the key concerns and investigations that need to be addressed in order to complete the decision-making. The key tasks of the scoping stage will involve: ➢ Identifying relevant environmental and socioeconomic issues and considering availability of baseline data. ➢ Establishing the SESA objectives, indicators and targets ➢ Identifying reasonable alternatives to be considered in the SESA: One of the key aspects of the SESA is to develop up to four realistic national water resource master plan scenarios which could be based on a number of factors such as economic development (high, medium, low growth scenarios), predicting and planning for climate change scenarios, types of tourism (low numbers of long stay vs. high numbers of short stay and their related impacts), e.t.c. The alternatives should always, as a minimum, include the ‘do nothing’ scenario and it is important that they are reasonable/realistic/viable and are not simply chosen or retrofitted to promote the preferred option. (b) Identify stakeholders and prepare Stakeholder Engagement Plan Prepare a Stakeholder Engagement Plan, which identifies the relevant stakeholders and the issues that the SESA team wishes to consult with. As each SESA will be different stakeholders should be determined on a case by case basis, and will include: ➢ Government agencies MWRI Page 220 Draft ESMF for Climate Resilient Flood Management Project (CRFM) ➢ Potentially affected/interested communities, landowners ➢ Private sector and likely affected businesses ➢ Non-governmental organizations ➢ Civil societies ➢ Industry associations and/or unions, and ➢ Development agencies. (c) Conduct a stakeholder engagement consultation early to: ➢ Identify available baseline data/information and existing monitoring programmes ➢ Enable identification of potential impacts, including possible scale and extent ➢ Identify remaining relevant stakeholders ➢ Improve understanding of community concerns/values ➢ Identify feasible alternatives ➢ Help determine appropriate SESA objectives The scoping should actively engage key stakeholders to identify significant issues associated with the proposed national water resource master plan and the main alternatives. Scoping meetings with stakeholders would also result in a revision of the scope or focus of the SESA. (d) Prepare a Scoping Report It is essential that the outcomes of the screening and scoping process are documented in a Scoping Report. The purpose of this report is to inform stakeholders of the issues, objectives and alternatives that are to be considered in the assessment of impacts to go into the SESA report and the proposed approach for assessing impacts and engaging with stakeholders. The scoping report should include: (i) Introduction – a brief description of the background/context for the SEA and the purpose of the SEA Scoping Report; (ii) Proposed National Water Resource Master Plan – A summary of the proposed national water resource master plan, including its objectives and if appropriate the process for its development. Maps can be used to show the area covered by the national water resource master plan; MWRI Page 221 Draft ESMF for Climate Resilient Flood Management Project (CRFM) (iii) Alternatives – a brief description of the alternatives that have been considered during development of the national water resource master plan and confirmation of those that are being considered in the SESA; (iv) Issues to be addressed – summary of the key environmental and socio-economic issues that are to be considered during the assessment of impacts; (v) SESA objectives – statement of the objectives, indicators and targets that are going to be used to assess the national water resource master plan against; (vi) Stakeholders – identification of the stakeholders that will be consulted with and those that will collaborate in the development of the SESA; (vii) Methodology – a summary of the approach for carrying out the SESA, including any baseline studies that will be undertaken and by whom as well as an indicative project plan identifying the key steps and times for consultation. This may also discuss proposed sources of data/information; (viii) Limitations – a brief description of any limitations that have been identified during the scoping stage, such as the availability of baseline data; (ix) Conclusions – any concluding remarks on the scope of the SESA; Once a Scoping Report has been prepared this can be distributed/communicated to MWRI, the World Bank, and to stakeholders and relevant government agencies to provide further opportunity for comment before SESA proceeds further. III. Assessment of Impacts (a) Gather baseline socio-economic data and describe current and future state Before carrying out any assessment of potential effects it is necessary to gain an understanding of the existing environmental and socio-economic conditions that are relevant to the SESA. Particular attention should be paid to important ecological systems and services, their resilience and vulnerability, and significance for human well-being. Existing environmental protection measures and/or objectives set out in international, national or regional legislative instruments should also be reviewed. For spatial plans such as the current National water resource master plan, the baseline can usefully include the stock of natural assets including sensitive areas, critical habitats, and valued ecosystem components. The baseline not only includes their current state, but a prediction of the future state in the MWRI Page 222 Draft ESMF for Climate Resilient Flood Management Project (CRFM) absence of the national water resource master plan. It is important to understand; what the impact might be of not implementing the proposed national water resource master plan intervention; what would these conditions look like in the future? Would existing trends continue or are there other external factors that would result in change. For instance, consider climate change: In the absence of action, what changes would occur as a result of climate change? This process therefore provides an opportunity to consider issues such as climate change and how they are predicted to impact on the country/state/county/community. The collection of baseline information/data should start during scoping, by gathering information/data from existing sources as far as possible. This may require engagement with regulatory authorities to find out what information is already available, and whether there are any ongoing monitoring programmes that might provide relevant information, or for collecting additional information. (b) Identify, describe and assess the potential effects Building on what has been determined through the scoping stage the aim of this task is to finalise the description and analysis of the outcomes that are expected as a result of implementing the national water resource master plan and alternatives. It is then possible to complete the task of identifying the potential implications for the environment and socio- economic conditions. Key tasks to identify the potential impacts involves considering: ✓ Will there be several actions/activities impacting upon the same area resulting in a greater level of impact than if they were happening individually (cumulative impacts)? ✓ What individual impacts cause cumulative impacts? ✓ What is the likelihood of the impacts occurring? It is important to consider indirect impacts as well as direct impacts and impacts that may arise from unforeseen, abnormal or accidental events. One of the benefits of using SESA, is that it will also enable the consideration of longer term and cumulative impacts, such as how the impacts of the proposed national water resource master plan may be affected by climate change and disasters. It can also be used for considering changes of land use, for example MWRI Page 223 Draft ESMF for Climate Resilient Flood Management Project (CRFM) post relocation and resettlement areas for those affected by disasters and climate change impacts. IV. Develop appropriate mitigation for risks and consider how to maximize opportunities Once the potential impacts have been assessed, the next step is to consider whether it is possible to mitigate them, particularly any that have been identified as being significant and cumulative or that are unintended consequences of the proposed national water resource master plan. This should involve considering whether the impacts can be avoided altogether, or their severity/likelihood could be reduced to an acceptable level. Further, if they cannot be avoided, can steps be taken to remedy the impact(s) or compensate for them once it/they have occurred? Avoiding impacts may require changes/refinements to the proposed national water resource master plan. It is particularly important that alternatives be considered at this stage. For instance, can the proposed national water resource master plan be modified to promote development in less vulnerable/sensitive areas, which could avoid impacts on endangered habitats/species or human populations? Such consideration will be important to providing justification for the national water resource master plan or selected alternative(s). It is also important that there be consideration of how to maximize opportunities from the proposed national water resource master plan. The aim is to develop “win-win” situations where multiple, mutually reinforcing gains can strengthen the economic base, provide equitable conditions for all, and protect and enhance the environment. Where this is impossible, the trade-offs must be clearly documented to guide decision makers. Caution should also be exercised if the analysis indicates a potential for major, irreversible, negative impacts on the environment. Often this may suggest selecting less risky alternatives. For less-threatening situations, standard mitigation measures can be used to minimize an adverse impact to “as low as reasonably practicable” (ALARP level). V. Develop monitoring plan/programme to review implementation of national water resource master plan Monitoring is important to examine the implementation of the national water resource master plan and ensure any unforeseen impacts are identified, that appropriate remedial or risk reduction actions are being taken, and that the national water resource master plan is MWRI Page 224 Draft ESMF for Climate Resilient Flood Management Project (CRFM) contributing to sustainable and resilient development. To ensure this is done effectively a monitoring plan/programme should be developed that is consistent with the SESA objectives, indicators and targets. Monitoring of the implementation of the national water resource master plan can be undertaken by government sectors or parties that are responsible for the national water resource master plan. VI. Public engagement in reviewing the draft SESA report While public engagement should have been included at all appropriate stages, the draft SESA report is a key stage and should be publicly available for a period of time agreed during the scoping stage. If meetings are held for public comment, smaller, focused meetings may be preferable to ensure adequate time for comment, rather than larger meetings where few people have the opportunity to speak. There is a variety of ways to gather opinion from the more vulnerable groups and ensure that they can meaningfully participate, e.g. surveys, interviews and meetings. VII. Prepare SESA Report Once the technical analysis is completed, the results and rationale for conclusions need to be reported. The SESA process and its findings should be described in a Report, which includes the following information: (i) Executive summary: A succinct, non-technical summary should be included. (ii) Introduction – a brief description of the background/context for the SESA and the purpose of the SESA Report; (iii)Legal, policy and institutional framework – a brief analysis of the current framework to provide the context for the proposed national water resource master plan and to determine compatibility with national policy planning; (iv) Methodology – a summary of the approach to carrying out the SESA; (v) Proposed National water resource master plan – A summary of the proposed National Water Resource Master plan and any alternatives and scenarios that have been considered; MWRI Page 225 Draft ESMF for Climate Resilient Flood Management Project (CRFM) (vi) Outcomes of the National Water Resource Master Plan – A description of the outcomes that may result from implementation of the National water resource master plan; (vii) Current state – a description of baseline environmental and socio-economic conditions. This should include a description of the future state in the absence of the proposed National water resource master plan; (viii) SESA objectives – statement of the objectives, indicators and targets that have been used to assess the National water resource master plan against; (ix) Potential impacts – a description and assessment of the potential impacts (direct, indirect and cumulative) of the proposed National water resource master plan under various scenarios and alternatives; (x) Mitigation – Explanation of the mitigation measures that are proposed. This may include explanation of how alternatives have been adopted, negative impacts avoided and positive impacts enhanced; (x) Monitoring – description of the proposed monitoring plan/programme and those responsible for collecting the data, reporting on the findings and any corrective actions that may be required; (xi) Stakeholders engagement – an explanation of the engagement that has been carried out to date as part of the SESA process and any further consultation that is proposed. This section should also explain how stakeholder concerns/suggestions have been taken into account; (xii) Findings and recommendations – summary of the key findings and any recommendations of the SESA. This may include findings of significant adverse effects, and recommendations for mitigation, including the use of alternatives; (xiii) Appendices – containing the ToR for the SESA, any specialist studies, minutes from all stakeholder meetings and any other supporting materials VIII. Quality Review The SESA Report should undergo a quality review once completed. As a minimum, the report should be peer reviewed by another member of the SESA team to confirm it meets the SEA requirements stated in the Scoping Report. Further, the SESA report will be reviewed by the World Bank safeguard team. MWRI Page 226 Draft ESMF for Climate Resilient Flood Management Project (CRFM) 4. DELIVERABLES The documents to be prepared as part of the Strategic Environmental and Social Assessment (SESA) are a Scoping Report, Stakeholder Engagement Plan Draft and Final Strategic Environmental and Social Assessment (SESA). Detailed description and contents of the reports are presented in the preceding sections. 5. TIMELINE OF THE CONSULTANCY SERVICE The table below summarizes the timeline of the consultancy service. Deliverable Timeline* 3 weeks from the signing of the 1 Stakeholder Engagement Plan contract 6 week from the signing of the Scoping Report contract 12 weeks from the signing of the 2 Draft Strategic Environmental and Social Assessment Report contract 4 weeks after receiving comments 3 Final Strategic Environmental and Social Assessment Report on the Draft SESA Report *From contract effective date 6. CONSULTANT’S TEAM AND QUALIFICATIONS The Consultant’s team shall be comprised of an Environmental Specialist, a Social Specialist and Water Resource Development Specialists. The qualifications and input of the Consultant’s team are indicated in the table below. Input Consultant Qualifications (Man- Month) - Master’s (or above) in a field relevant to environment studies such as environmental science, environmental engineering, etc … - At least 10 years of experience in environmental assessment, management, monitoring, and audit - Experience in preparation of SESA, ESIA, Environmental 1 Environmental and Social Management Plan 4 Specialist (ESMP), Environmental and Social Monitoring Plan, Environmental Audit, and other related documents, preferably for large-scale development partner funded infrastructure projects - Knowledge on country legal and institutional framework MWRI Page 227 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Input Consultant Qualifications (Man- Month) - Work experience in/with World Bank funded projects and knowledge of the World Bank ESF provisions/requirements - Fluency in English, particularly in written and spoken English - Master’s (or above) in a field relevant to socio- economic studies such as sociology, social science/studies, anthropology, community development, gender studies, etc, - At least 10 years of experience in social assessment, management, monitoring, and audit - Experience in preparation of SESA, ESIA, Environmental and Social Management Plan (ESMP), Environmental and Social Monitoring Plan, Social Audit, Resettlement Plan (RP), 2 Social Specialist Stakeholder Engagement Plan (SEP), and other 4 related documents, preferably for large-scale development partner funded infrastructure projects - Knowledge on country/ regional legal and institutional framework - Experience in conducting stakeholder engagement - Work experience in/with World Bank funded projects and knowledge of the World Bank ESF provisions/requirements - Fluency in English, particularly in written and spoken English - Master’s (or above) in a field relevant to Water Resource studies such as Engineering in Hydrology, Hydrogeology, Water Resource Management, environmental engineering, etc … - At least 10 years of experience in environmental assessment, management, monitoring, and audit - Experience in preparation of SESA, ESIA, Environmental and Social Management Plan Water Resource (ESMP), Environmental and Social Monitoring 3 4 Management specialist. Plan, Environmental Audit, and other related documents, preferably for large-scale development partner funded infrastructure projects - Knowledge on country legal and institutional framework - Work experience in/with World Bank funded projects and knowledge of the World Bank ESF provisions/requirements - MWRI Page 228 Draft ESMF for Climate Resilient Flood Management Project (CRFM) 7. CONSULTANT’S PROPOSAL The Consultant’s proposal for the Strategic Environmental and Social Assessment (SESA) should contain the sections (information) listed below and the proposal (i.e., main sections excluding appendices) should not exceed 15 pages. a. Work Approach/Methodology - The scope of work should include a description of the specific activities that will be performed to accomplish the required tasks identified in this Terms of Reference. This should include any proposed site visits/surveys, documents to be reviewed, interviews, etc. If the Consultant feels that additional tasks or components within the scope of work are required or warranted, these should be stated and delineated as “Optional Tasks”. b. Project Team and Qualifications - This should include the name of the principal staff members (indicated above). Qualifications of staff should include relevant technical capabilities, previous relevant project experience, specific in-country and regional experience and knowledge, and specific language skills. c. Schedule - A proposed schedule for performance of the SESA must be presented with breakdown of specific tasks and activities. The schedule must indicate the proposed start and completion dates for each activity listed in the “Scope of Work and Expected Output” section of this Terms of Reference and any important or specific project milestones (e.g., report submittal, etc.). d. Estimated Costs - A total cost of the consultancy service must be provided. Breakdown of the estimated costs by tasks/activities must also be presented (e.g., tabular format) and should include Direct Labor Costs (number of days per staff and their associated unit costs) and reimbursable expenses (e.g., travel, per diem, etc.). Any assumptions related to the estimated costs must be clearly stated. If any additional Optional Tasks are recommended, then a separate cost estimate must be provided. 8. CLIENT’S SUPPORT The Client will support the Consultant in the following matters: • Access to relevant technical study reports and other documents including the Project Appraisal Document (PAD), the Environmental and Social Management Framework (ESMF), the Resettlement Framework (RF), the Stakeholder Engagement Plan (SEP), MWRI Page 229 Draft ESMF for Climate Resilient Flood Management Project (CRFM) and any available preliminary or feasibility studies of the National Water Resource Master Plan subproject. Some of these documents are currently at draft stage and will be shared with the Consultant when finalized. • Support (whenever possible) the Consultant’s field visit coordination and liaison with the concerned authorities in the project influence area to gather information relevant to the project. • Support (whenever possible) the Consultant in coordinating stakeholders’ consultations and liaison with some of the stakeholders. • Support (whenever possible) the Consultant in logistics such as travel, meeting facilities, amenities, etc … MWRI Page 230 Draft ESMF for Climate Resilient Flood Management Project (CRFM) ANNEX G: TERMS OF REFERENCE FOR ESIA REPUBLIC OF SOUTH SUDAN MINISTRY OF WATER RESOURCES AND IRRIGATION SOUTH SUDAN CLIMATE RESILIENT FLOOD MANAGEMENT (CRFM) PROJECT TERMS OF REFERENCE (TOR) FOR PREPARATION OF AN ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT (ESIA) MWRI Page 231 Draft ESMF for Climate Resilient Flood Management Project (CRFM) TABLE OF CONTENTS 1. BACKGROUND.......................................................................................................................... 233 1.1. Context ................................................................................................................................... 233 1.2. Project Components ............................................................................................................... 235 1.3. Environmental and Social Risk Ratings of the Project .......................................................... 239 1.4. The Climate Resilient Flood Management Project Infrastructure Investments/Subprojects . 239 2. OBJECTIVES OF THE CONSULTANCY SERVICE ........................................................... 240 3. SCOPE OF WORK AND EXPECTED OUTPUT ................................................................... 241 3.1. General ................................................................................................................................... 241 3.2. Introduction ............................................................................................................................ 242 3.3. Legal and Institutional Frameworks ...................................................................................... 242 3.4. Project Description................................................................................................................. 243 3.5. Environmental and Social Baseline Conditions ..................................................................... 243 3.6. Environmental and Social Risks & Impacts........................................................................... 244 3.7. Environmental and Social Mitigation Measures .................................................................... 245 3.8. Environmental and Social Management and Monitoring Plans ............................................. 245 3.9. Capacity Development and Training ..................................................................................... 246 3.10. Identifying and Analysis of Alternatives ........................................................................... 246 3.11. Stakeholder Identification, Consultations, and Grievance Redress mechanism ................ 247 3.12. Conclusions and Recommendations .................................................................................. 247 4. DELIVERABLES........................................................................................................................ 248 4.1.1. Inception Report............................................................................................................. 248 4.1.2. Environmental and Social Impact Assessment (ESIA) Report ....................................... 248 5. TIMELINE OF THE CONSULTANCY SERVICE ............................................................................... 249 6. CONSULTANT’S TEAM AND QUALIFICATIONS ............................................................................ 249 7. CONSULTANT’S PROPOSAL ................................................................................................................ 250 8. CLIENT’S SUPPORT ............................................................................................................................... 251 9. ANNEX A : INDICATIVE OUTLINE FOR ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT (ESIA) REPORT ...................................................................................................................... 252 MWRI Page 232 Draft ESMF for Climate Resilient Flood Management Project (CRFM) 1. BACKGROUND 1.1 CONTEXT South Sudan faces significant economic, socio-political and climate challenges. For decades prior to independence, the country experienced conflict, marginalization, and underdevelopment, which led to a protracted humanitarian crisis and prevented the development of human and natural capital. Since independence in 2011, South Sudan has experienced generalized chronic instability, protracted civil war and frequent climate-related disasters. Conflict has only recently subsided with the formation of the Transitional Government of National Unity in February 2020, based on the terms laid out in the September 2018 Revitalized Agreement on the Resolution of the Conflict in the Republic of South Sudan. As a result of decades of fragility, insecurity, and disasters more than 8.9 million people of the estimated 12.4 million total population are in need of humanitarian assistance and protection in 2022. South Sudan has many plains and plateaus that are drained by the Nile and its numerous tributaries. The Country is endowed with substantial water resources, mostly from the Nile River (White Nile and Blue Nile), its tributaries and aquifers. South Sudan’s complex hydrology influences flood hazard across the country. South Sudan is a global hotspot of flood risk, ranking 7th for share of population exposed to riverine floods. Significant floods in 2019 and 2020 were further surpassed by record floods in 2021, which affected over 1 million people and displaced more than 300,000. Economic damages are estimated to be on the order of US$ 671 million. Floods have rippling effects on food security, livelihoods, and social dynamics, especially for women and girls. The 2021 floods heightened food insecurity and resulted in over 730,000 people needing food assistance and livelihood support. Floods are also source of livelihoods for millions of people living along the Nile River and in the floodplain zones, where receding and rising floodwaters provide water for crop cultivation and fishing. At least one fifth of the population depends on fisheries for their livelihoods. Pastoralists also follow the receding flow with grazing land becoming available as the flood waters retreat to the main river channel. However, the lack of infrastructure, systems and practices for use and management of floodwaters limits the productivity of the floodplains and contributes to soil erosion and water logging. Flood risk management also has a regional dimension, necessitating transboundary MWRI Page 233 Draft ESMF for Climate Resilient Flood Management Project (CRFM) water cooperation with riparian neighbors. Seasonal flooding mainly occurs between July and September, when heavy rains fall in many parts of the country, especially in the eastern region, and in the African Great Lakes region, leading to the flooding of the Nile River tributaries. Extensive seasonal flooding occurs particularly around the Sudd wetlands, along the White Nile and the Machar marshes, along the Sobat River in the Greater Upper Nile region, when many parts of the country are left under water. Flooding is an annual occurrence in South Sudan and causes large swaths of pastureland and cropland to be submerged, resulting in food insecurity. Such flooding also acts as a source of conflict between communities: when pastoralists move their herds, they encounter other communities whose lands have not been flooded without having received proper permission for access, which often results in conflicts as each community tends to protect their pastureland or crops. The South Sudan Climate Resilient Flood Management (CRFM) project aims to strengthen national and sub-national institutions, to better manage water resources for climate adaptation and support climate resilient flood risk management in select river sub-basins. With a focus on sub-basin level interventions in flood management and establishment of the information and institutional basis for long-term water resources management for climate adaptation, the project complements existing efforts aimed at flood risk mitigation through the Enhancing Community Resilience and Local Governance Project – Phase II (ECRP II) as well as those of other humanitarian and development partners. The project development objective (PDO) of the CRFM project is to improve climate resilient water resources management and enhance resilience to floods in select river basins in South Sudan. The CRFM project will be financed by the International Development Association (IDA) with a total grant amount of 50 million USD. The project will be implemented for five years from 2023 to 2028 G.C. The CRFM project will finance feasibility studies, environmental and social impact assessments, and engineering designs for flood management infrastructure in targeted river sub-basins. The project will finance rehabilitation of existing flood management structures to ensure structural integrity, safety and enhance functionality in the context of climate change, as well as new constructions. A preliminary typology of flood management solutions includes embankments/dikes, infiltration basins and wetlands restoration. Infrastructure in need of MWRI Page 234 Draft ESMF for Climate Resilient Flood Management Project (CRFM) rehabilitation and reinforcement will be identified in dialogue with the affected communities and local government to ensure that works respond to needs and priorities, minimize downstream impacts, and maximize opportunities for sustainable operation and maintenance of the structures. 1.2 PROJECT COMPONENTS The Project Development Objective (PDO) is to improve climate resilient water resources management and enhance resilience to floods in select river basins in South Sudan. The project development objective is envisioned to be achieved through implementation of four interlinked components: (i) climate resilient policies, plans and institutions; (ii) climate resilient flood infrastructure and services; (iii) project management and implementation support; and (iv) contingent emergency response. Component 1: Climate Resilient Policies, Plans and Institutions. This component will finance institutional strengthening and capacity building for water sector at national, state and county levels to help advance understanding of the country’s water resources endowment and water- related risks and improve strategic flood management for climate adaptation. Component 1 consists of the following four subcomponents: Subcomponent 1.1: Develop national water resources master plan that links water sector actions with broader development, peace and stability goals and identifies priority water sector investments needed to achieve these goals. The plan is expected to explore the country’s water needs and risks and set out the scale of action needed to ensure resilient supplies and healthy ecosystems. The master plan is expected to cover three main thematic areas: (i) water resources endowments and demands (an inventory of South Sudan’s surface and groundwater water resources in relation to current and future demands for water by all users, including the environment), (ii) water risks (a strategic understanding and mapping of drought and flood risks), and (iii) investments (a portfolio of water resources management investments considering the country’s broader development, peace and stability goals and uncertain growth and climate change trajectories). The national master plan will be developed following the country’s hydrological sub-division and will reflect the different endowments, risks, and priorities in each of the four major river basins. Furthermore, the plan will identify investment options that (i) MWRI Page 235 Draft ESMF for Climate Resilient Flood Management Project (CRFM) combine green and gray infrastructure and (ii) are adaptive and robust to uncertainty, rather than simply least cost. Subcomponent 1.2: Legal, regulatory, and institutional framework for climate resilient water resources management. This sub-component will finance technical assistance for the following activities: (i) develop national technical standards and guidelines related to the project (e.g., climate resilient flood protection, water storage structures, retention/infiltration basins), (ii) establish procedures for review and approval of technical and financial feasibility studies, and for oversight of environmental and social risks associated with water resources management investments, (iii) develop a regulatory framework for riparian buffer zones to prevent land degradation, (iv) undertake strategic studies to address knowledge gaps within integrated water resources framework, and (v) facilitate consultations on revisions to the 2013 Water Bill and accompanying legislation to enhance coordination across governance levels for water resources management and align the water sector policy and regulatory framework for climate resilient planning across scales. Subcomponent 1.3: Water information management systems. This activity will support the establishment of a water information management system and development of a hydro- informatics program housed at MWRI. It will also support capacity improvements to the flood forecasting center under MWRI. This includes financing the installation and rehabilitation of hydrometric stations in select river basins, data collection, curation, and calibration of hydrologic and meteorological models to enable flood and drought forecasting and strengthening of MWRI’s capacity to disseminate and communicate hydro-meteorological forecasts to other government entities and the general public. The hydro-met stations installed under project integrate into other ongoing activities being supported by NBI (NCORE) and CREWS and by the DRM commission This activity will also finance capacity improvements to the flood forecasting center at MWRI through additional technical staff, offices, and equipment. Subcomponent 1.4: National and sub-national (state and county) institutional strengthening and capacity building. This sub-component will support various capacity building activities at national and sub-national levels including training and capacity building on (i) flood infrastructure technical aspects, including design standards, dam and embankment safety, MWRI Page 236 Draft ESMF for Climate Resilient Flood Management Project (CRFM) technical review and management, operation and maintenance (O&M) and (ii) integrated water resources management, including transboundary waters management. In addition, the subcomponent supports information exchange and experience sharing with riparian countries on topics of mutual interest including FRM, river basin planning, disaster risk management, flood forecasting, hydrological and metrological data exchange, in coordination with ongoing activities in the Nile basin supported by the CIWA program. Component 2: Climate Resilient Flood Infrastructure and Services. This component will finance activities to enhance resilience to floods in select river basins through no-regret solutions. Both conventional infrastructure investments and nature-based solutions for flood management will be considered, building upon the findings of activities under Component 1. The main activities will include rehabilitation of existing flood management structures to enhance structural integrity, safety and functionality in the context of climate change, as well as new construction of flood management structures. A preliminary typology of flood management solutions includes embankments/dikes, small dams/haffirs, infiltration basins and wetlands restoration. Infrastructure in need of rehabilitation and reinforcement will be identified in dialogue with communities and local government to ensure that works respond to needs and priorities, minimize downstream/upstream impacts, and maximize opportunities for sustainable operation and maintenance of the structures. The activities will also include feasibility studies, environmental and social risk assessment, and engineering designs for flood management solutions in targeted areas to provide a pipeline of investments for the project and a basis to leverage other sources of finance (e.g., co-financing, partner financing). Subcomponent 2.1: Feasibility Studies, ESIA, and Engineering Designs for High Priority Flood Control Infrastructure. This activity will finance feasibility studies, environmental and social impact assessments, and engineering designs for flood management infrastructure in targeted river sub-basins that will provide a pipeline of investments for the project (Subcomponent 2.2) and a basis to leverage other sources of finance (e.g., co-financing, partner financing, private sector, etc.). Both conventional infrastructure investments and nature-based solutions for flood management will be considered, building upon the findings from subcomponent 1.1 and more detailed technical assessment of geographic target areas, including mapping and baseline data MWRI Page 237 Draft ESMF for Climate Resilient Flood Management Project (CRFM) collection of hydrological, topographical, and geotechnical information from cross-sectional surveys and LIDAR mapping to identify and delineate areas at risk from flooding, and populations and assets exposed. Subcomponent 2.2. Construction and Rehabilitation of No-regret Flood Control Infrastructure. This activity will finance rehabilitation of existing flood management structures to ensure structural integrity, safety and enhance functionality in the context of climate change, as well as new construction. A preliminary typology of flood management solutions includes embankments/dikes, small dams/haffirs, infiltration basins and wetlands restoration. Infrastructure in need of rehabilitation and reinforcement will be identified in dialogue with the affected communities and local government to ensure that works respond to needs and priorities, minimize downstream impacts, and maximize opportunities for sustainable operation and maintenance of the structures. Component 3: Project Management and Implementation Support: This component will finance technical assistance and capacity development for technical planning and supervision, financial management, procurement, environmental and social (E&S) risk management, monitoring and evaluation, communications, and knowledge management. It may also support the hiring of WRM expertise to support the PIU for enhancing project design quality and construction supervision. Additionally, this sub-component finances rehabilitation of MWRI offices, equipment (VC facilities, office furniture, computers, etc.), third-party monitoring, geo- enabled project monitoring and beneficiary feedback/grievance redress mechanism (GRM). Component 4: Contingent Emergency Response: CERC is included in the project in accordance with Investment Project Financing (IPF) Policy, paragraphs 12, for Situations of Urgent Need of Assistance or Capacity Constraints. An annex to the Project Operations Manual (CERC annex) will be prepared to guide the activation and implementation of the CERC. A CERC Environmental and Social Management Framework (ESMF) will be prepared within three months of project effectiveness. MWRI Page 238 Draft ESMF for Climate Resilient Flood Management Project (CRFM) 1.3 ENVIRONMENTAL AND SOCIAL RISK RATINGS OF THE PROJECT The environmental and social risk rating of the project is High while the SEA/SH risk has been rated as Substantial. 1.4 THE CLIMATE RESILIENT FLOOD MANAGEMENT PROJECT INFRASTRUCTURE INVESTMENTS/SUBPROJECTS Subproject activities under Components 1 and 2 will involve the undertaking of physical installations, construction, and operational works, activities that are anticipated to have impacts on the biophysical and social environment are: ➢ Construction of hydrometric stations. ➢ Dyke/earth embankments: flood embankments that generally consist of earthen materials and may have a clay core to reduce seepage. ➢ Terracing and slopes: many typologies and technical approaches for terracing exist, tailored to specific conditions and geographical characteristics of a location. Terracing technology is often developed to regulate pluvial floods, erosion, and landslide control, providing added benefits in terms of agricultural production. ➢ Wetland restoration: wetlands provide riverine and pluvial flood regulation services. Inland wetlands attenuate floodwater by spreading it evenly across their flat and wide terrain, instead of confining it to a narrow channel. This way they can hold back considerably more floodwater, while infiltrating and removing the sediment and pollution and stabilizing the water table. Two types of interventions can further strengthen the flood regulation function of wetlands. First, improving lateral connectivity between main water bodies and wetlands. Reestablishment of lateral connections will reactivate wetland areas and improve its environmental performance. Second, through maintenance and cleaning. MWRI Page 239 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Figure 1 – Potential Project Target Locations Specific Subproject Enter details of the specific subproject for which this ESIA will be conducted MWRI Page 240 Draft ESMF for Climate Resilient Flood Management Project (CRFM) 2. OBJECTIVES OF THE CONSULTANCY SERVICE The technical services of the environmental and social consultant (“Consultant”) are required to perform an Environmental and Social Impact Assessment (ESIA) for the South Sudan Climate Resilient Flood Management Project, specifically for the above named subproject. The ESIA will be conducted in compliance with the Project’s Environmental and Social Management Framework (ESMF), Resettlement Policy Frameworks (RPF), Stakeholder Engagement Plan (SEP), and Security Risk Management Plan (instruments are available at: xxxx). The main objectives of the environmental and social impact assessment are: ➢ To prepare an environmental and social impact assessment of the subproject investment to ensure its environmental and social sustainability. ➢ To analyze, evaluate, and recommend measures to avoid, minimize, mitigate, and compensate/offset potential environmental and social impacts of the infrastructure investment so that it complies with the Project’s Environmental and Social instruments. ➢ To prepare an environmental and social management and monitoring plan for implementation and operation phases of the infrastructure investment. ➢ To conduct meaningful consultations with stakeholders including analysis of interested and affected parties, dissemination of information about the project infrastructure investment and consultations on potential environmental and social risk and impacts. 3. SCOPE OF WORK AND EXPECTED OUTPUT 3.1 GENERAL In general, the Consultant will perform the following key tasks as part of the Environmental and Social Impact Assessment (ESIA): ➢ Describe the subproject’s infrastructure investment including its main components, ancillary components/facilities, resources input, and outputs/produces. ➢ Establish baseline environmental and social settings of the infrastructure investment area of influence. ➢ Consider the legal and institutional frameworks under which the project is implemented and operated, based on the Project’s ESMF. MWRI Page 241 Draft ESMF for Climate Resilient Flood Management Project (CRFM) ➢ Identify beneficial and adverse environmental and social risks and impacts of the subproject during implementation and operation phases. ➢ Propose suitable, practical, and site-specific enhancement and mitigation measures to avoid, reduce, mitigate, and compensate/offset the identified risks and impacts with operational details. ➢ Conduct meaningful stakeholder consultations and analysis to capture the project affected people and parties’ aspirations, concerns, and recommendations towards the planned intervention. ➢ Carry out alternative analysis and compare various project planning and design options in terms of their environmental and social consequences. ➢ Develop an environmental and social management and monitoring plan with institutional arrangement, human resources, and budget requirement. ➢ Develop specific environmental and social requirements and procedures to be included in bidding documents and contracts for sub-implementers. Further, the details of the activities and outputs of the ESIA are described in the below sections. 3.2 INTRODUCTION At the onset of the ESIA, the following key aspects of the subproject should be defined and described in detail. ➢ The Project (the South Sudan Climate Resilient Flood Management Project) background/context ➢ The specific project infrastructure investment background/context ➢ Rationale for the project infrastructure investment ➢ The objectives of the ESIA ➢ The scope of the ESIA ➢ Approach/methodology of the ESIA, and ➢ The structure of the ESIA report. 3.3 LEGAL AND INSTITUTIONAL FRAMEWORKS MWRI Page 242 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Reference to the national land international laws and regulations and World Bank ESS relevant to the subproject, as listed in the ESMF. 3.4 PROJECT DESCRIPTION ➢ Description of the specific subproject infrastructure investment ➢ The location of the infrastructure investment (geographic and administrative locations), with location map(s) ➢ Specific site location ➢ Accessibility of the site ➢ The project intervention design and its main components ➢ Construction materials used for construction, including sources of the construction materials (market or own source) ➢ Machineries to be used during construction and operation of the project ➢ Energy consumption for the project ➢ Waste generated from the project ➢ Human resources requirements during implementation and operation phases ➢ Project implementation activities (during pre-construction, construction, and operation/maintenance stages) ➢ Project implementation schedule. 3.5 ENVIRONMENTAL AND SOCIAL BASELINE CONDITIONS Environmental and social baseline conditions against which the subproject will be implemented shall be described in detail. The basic environmental and social baseline conditions of the projects influence area shall include: ➢ The physical environment (climate, topography, geology/geomorphology, soils, water resources, land use, land cover, etc.) ➢ The biological environment (flora, fauna, key biodiversity areas, natural, critical, and modified habitats) ➢ The socio-economic environment (demography, ethnic composition, vulnerable groups, social structures, cultural heritage, settlement patterns/land uses, livelihood strategies, MWRI Page 243 Draft ESMF for Climate Resilient Flood Management Project (CRFM) household income and employment, food security, access to social services and utilities, conflict dynamics, etc.). ➢ The environmental and social baseline conditions shall be assessed through desk study and field surveys. Gaps and reliability of baseline data used for the description shall be identified and indicated in the assessment. Recommendations on baseline data that should be confirmed or validated shall be provided. 3.6 ENVIRONMENTAL AND SOCIAL RISKS & IMPACTS The ESIA shall identify and evaluate significance of potential environmental and social risks and impacts that will result from implementation of the infrastructure investment. The ESIA shall focus on environmental and social effects that are significant in their likelihood and consequences. Further, the impacts identified shall be both beneficial/positive and adverse/negative impacts. The nature of the impacts shall be described as direct/indirect/induced/cumulative, temporary/long-term, local/regional, and reversible/irreversible. The environmental and social risks and impacts to be identified shall consider the following key aspects: ➢ The project beneficial impacts shall be identified, for example: ➢ Flood control project minimizes and/or prevents downstream flooding ➢ Reduces health problems and healthcare expenses ➢ Prevents livelihoods of inhabitants from damage ➢ Avoids community displacement ➢ Creates job opportunities The project adverse risks and impacts shall be identified, based on the risks and impacts listed in the ESMF’s risk assessment section and Generic ESMP. However, site-specific risks and impacts may go beyond the ones listed in the ESMF. As in the ESMF, the risks/impacts shall be segregated by project phases, i.e., (i) pre-construction, (ii) construction, (iii) operation and maintenance, and (iv) decommissioning. MWRI Page 244 Draft ESMF for Climate Resilient Flood Management Project (CRFM) In addition to the direct and/or indirect impacts, the cumulative impacts (aggregate, incremental, and synergistic impacts) of subproject implementation in the area of influence shall be comprehensively identified. The cumulative project impacts shall be distinguished between their national, regional, and local effects. The environmental and social risks and impacts shall consider identified challenges during project planning, design, and implementation. The identified environmental and social risks and impacts shall be prioritized based on their risk significance, magnitude, spatial and temporal extent. 3.7 ENVIRONMENTAL AND SOCIAL MITIGATION MEASURES Potential environmental and social risks/impacts that will result from subproject implementation shall be provided with recommendations on impacts enhancement or mitigation measures. The recommended measures shall be based on the risk mitigation hierarchy of avoidance, reduction, mitigation, and compensation/offsetting. The proposed mitigation measures shall bring the adverse impacts to the levels listed in the Project E&S instruments. The recommended mitigation measures shall also be commensurate with the level or significance of the adverse impacts. The mitigation measures should have operational details to enable their implementation (including responsibilities, timelines and costs). The mitigation measures shall be presented as environmental and social requirements or clauses to be included in the bidding process and contractors’ works documents. 3.8 ENVIRONMENTAL AND SOCIAL MANAGEMENT AND MONITORING PLANS The ESIA should develop an environmental and social management plan outlining procedures and institutional responsibilities to manage the identified risks and impacts. The environmental and social management plan shall include: ➢ Potential environmental and social benefits and impacts resulting from project implementation (identified in the earlier exercise) ➢ Type, extent, and significance of the benefits and impacts ➢ Recommended enhancement measures for the beneficial/positive impacts MWRI Page 245 Draft ESMF for Climate Resilient Flood Management Project (CRFM) ➢ Recommended mitigation measures for the adverse impacts to enable the sustainable implementation and operation of the project ➢ Frequency of mitigation or measures implementation timeframe ➢ Success indicators for the mitigation measures ➢ Institutional responsibility for implementation of the enhancement or mitigation measures ➢ Capacity building recommendations for the institutions ➢ Estimate of measures implementation budget. ➢ An environmental and social monitoring plan for subproject implementation and operation shall be recommended in the ESIA. Main components of the monitoring plan are: ➢ Potential environmental and social benefits and impacts resulting from project implementation (identified in the earlier exercise) ➢ Recommended enhancement and mitigation measures ➢ Specific and measurable indicators ➢ Measurement methods and/or equipment ➢ Frequency of monitoring ➢ Responsible institutions/parties for monitoring ➢ Monitoring budget. 3.9 CAPACITY DEVELOPMENT AND TRAINING For effective implementation of the environmental and social management and monitoring plans, the existing institutional capacity of the concerned parties shall be assessed and measures to strengthen their capacities (such as training) shall be recommended, based on capacity development and training plans laid out in the ESMF. 3.10 IDENTIFYING AND ANALYSIS OF ALTERNATIVES The ESIA shall identify (along with the subproject design team) various subproject implementation alternatives including: ✓ The ‘no-action’ option which considers maintaining the current status quo in the project influence area MWRI Page 246 Draft ESMF for Climate Resilient Flood Management Project (CRFM) ✓ The ‘proposed subproject’ option including all of its technologies, facilities and activities ✓ ‘Other options’ to be identified as part of the ESIA which are deemed to achieve the overall objectives of the project while using different technology, methodology, and facilities. ✓ A multi-criteria approach shall be used for analysis of the identified project alternatives. Assessments of alternatives should be screened against the negative sub-project list in the ESMF. 3.11 STAKEHOLDER IDENTIFICATION, CONSULTATIONS, AND GRIEVANCE REDRESS MECHANISM Stakeholder identification in regard to the subproject site shall be done as part of the environmental and social impact assessment and should be based on the Project SEP. The main tasks include: ✓ Identify subproject stakeholders including government bodies/authorities, beneficiary communities, vulnerable groups, community leaders, civil society organizations, non- governmental organizations, women groups, youth groups, academia, etc. ✓ Disclose subproject information to the stakeholders ✓ Consult on stakeholders’ understanding, views, aspirations, and recommendations on the project, including on environmental and social risk and impacts and mitigation measures. ✓ Integrate the findings of the stakeholder engagement into the subproject plan, design, and implementation. ✓ Project stakeholders may have grievances during implementation and operation stages and thus stakeholders should be given a means to voice their grievances and obtain redress. The ESIA shall reiterate the implementation of the Project Grievance Redress Mechanims (GRM), as laid out in the SEP and ESMF. 3.12 CONCLUSIONS AND RECOMMENDATIONS Conclusions shall be drawn from the key findings of the ESIA. Further, the ESIA shall provide recommendations based on the findings of the assessment. The recommendations shall, among other points, include: ✓ Promoting integration and collaboration on environmental and social management by the various stakeholders participating during the project implementation and operation ✓ Strengthening institutions responsible for implementation and management of environmental and social issues MWRI Page 247 Draft ESMF for Climate Resilient Flood Management Project (CRFM) ✓ Capacity building needs for institutions responsible for environmental and social management ✓ Dissemination and disclosure of environmental and social information ✓ Environmental and social requirements and management measures to be included in the bidding processes and works contracts. ✓ Recommendations on other key environmental and social management issues. 4. DELIVERABLES The documents to be prepared as part of the Environmental and Social Impact Assessment (ESIA) are an Inception Report, Draft and Final Environmental and Social Impact Assessment (ESIA). Detailed description and contents of the reports are presented in the below sections. i. Inception Report An Inception Report which presents the consultant’s specific and revised work plan, proposed stakeholders consultation plan, and the availability of agreed experts for the duration of the assignment, shall be submitted within a week of commencement of the assignment. The inception report should also indicate the consultant’s familiarity and understanding of the Project’s E&S instruments. ii. Environmental and Social Impact Assessment (ESIA) Report Draft and final Environmental and Social Impact Assessment (ESIA) Reports shall be prepared consisting of a detailed summary of the information collected and analysis made (see Annex A for suggested ESIA report outline). The ESIA reports shall consist of: a. The subproject background, rationale and objectives b. The objectives, scope, approach, and structure of the ESIA c. Relevant legal and institutional frameworks d. Description of the subproject and its activities e. Environmental and social baseline conditions f. Environmental and social risks and impacts g. Environmental and social mitigation, management, and monitoring measures h. Environmental and social management and monitoring plans i. Analysis of alternatives j. Stakeholders’ analysis and disclosure plan MWRI Page 248 Draft ESMF for Climate Resilient Flood Management Project (CRFM) k. Conclusions and recommendations. The draft ESIA report shall be presented to stakeholders (in a workshop to be organized) to solicit comments and suggestions. The final ESIA report shall be prepared incorporating the client’s and other stakeholders’ comments and suggestions on the draft ESIA. Both documents are to be written in English with summaries in the relevant local languages provided, and the documents shall be electronically submitted in MS Word and PDF file formats. 5. TIMELINE OF THE CONSULTANCY SERVICE The table below summarizes the timeline of the consultancy service. Deliverable Timeline* 1 week from the signing of the 1 Inception Report contract 6 weeks from the signing of the 2 Draft Environmental and Social Impact Assessment Report contract 1 week after receiving comments on 3 Final Environmental and Social Impact Assessment Report the Draft ESIA Report *From contract effective date 6. CONSULTANT’S TEAM AND QUALIFICATIONS The Consultant’s team shall be comprised of an Environmental Specialist and a Social Specialist. The qualifications and input of the Consultant’s team are indicated in the table below. Input Consultant Qualifications (workdays) Master’s (or above) in a field relevant to environment studies such as environmental science, environmental engineering, etc … At least 10 years of experience in environmental Environmental assessment, management, monitoring, and audit 1 Experience in preparation of Environmental and Social 30 Specialist Impact Assessment (ESIA), Environmental and Social Management Plan (ESMP), Environmental and Social Monitoring Plan, Environmental Audit, and other related documents, preferably for large-scale development partner funded infrastructure projects MWRI Page 249 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Input Consultant Qualifications (workdays) Knowledge on country legal and institutional framework Work experience in/with World Bank funded projects and knowledge of the World Bank ESF provisions/requirements Fluency in English, particularly in written and spoken English Master’s (or above) in a field relevant to socio- economic studies such as sociology, social science/studies, anthropology, community development, gender studies, etc, At least 10 years of experience in social assessment, management, monitoring, and audit Experience in preparation of Environmental and Social Impact Assessment (ESIA), Environmental and Social Management Plan (ESMP), Environmental and Social Monitoring Plan, Social Audit, Resettlement Plan 2 Social Specialist (RP), Stakeholder Engagement Plan (SEP), and other 30 related documents, preferably for large-scale development partner funded infrastructure projects Knowledge on country/ regional legal and institutional framework Experience in conducting stakeholder engagement Work experience in/with World Bank funded projects and knowledge of the World Bank ESF provisions/requirements Fluency in English, particularly in written and spoken English CONSULTANT’S PROPOSAL The Consultant’s proposal for the Environmental and Social Impact Assessment (ESIA) should contain the sections (information) listed below and the proposal (i.e., main sections excluding appendices) should not exceed 15 pages. Work Approach/Methodology - The scope of work should include a description of the specific activities that will be performed to accomplish the required tasks identified in this Terms of Reference. This should include any proposed site visits/surveys, documents to be reviewed, interviews, etc. If the Consultant feels that additional tasks or components within the scope of work are required or warranted, these should be stated and delineated as “Optional Tasks”. MWRI Page 250 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Project Team and Qualifications - This should include the name of the principal staff members (indicated above). Qualifications of staff should include relevant technical capabilities, previous relevant project experience, specific in-country and regional experience and knowledge, and specific language skills. Schedule - A proposed schedule for performance of the ESIA must be presented with breakdown of specific tasks and activities. The schedule must indicate the proposed start and completion dates for each activity listed in the “Scope of Work and Expected Output” section of this Terms of Reference and any important or specific project milestones (e.g., report submittal, etc.). Estimated Costs - A total cost of the consultancy service must be provided. Breakdown of the estimated costs by tasks/activities must also be presented (e.g., tabular format) and should include Direct Labor Costs (number of days per staff and their associated unit costs) and reimbursable expenses (e.g., travel, per diem, etc.). Any assumptions related to the estimated costs must be clearly stated. If any additional Optional Tasks are recommended, then a separate cost estimate must be provided. 7. CLIENT’S SUPPORT The Client will support the Consultant in the following matters: Access to relevant technical study reports and other documents including the Project Appraisal Document (PAD), the Environmental and Social Management Framework (ESMF), the Resettlement Framework (RF), the Stakeholder Engagement Plan (SEP), and the Feasibility Study and Detailed Engineering Design of the project. These documents are currently at draft stage and will be shared with the Consultant when finalized. Support (whenever possible) the Consultant’s field visit coordination and liaison with the concerned authorities in the project influence area to gather information relevant to the project. Support (whenever possible) the Consultant in coordinating stakeholders’ consultations and liaison with some of the stakeholders. Support (whenever possible) the Consultant in logistics such as travel, meeting facilities, amenities, etc … MWRI Page 251 Draft ESMF for Climate Resilient Flood Management Project (CRFM) ANNEX A: INDICATIVE OUTLINE FOR ENVIRONMENTAL AND SOCIAL IMPACT ASSESSMENT (ESIA) REPORT EXECUTIVE SUMMARY 1. INTRODUCTION ✓ Subproject Background/Context ✓ Rationale of the subproject ✓ Objectives of the ESIA ✓ Scope of the ESIA ✓ Approach/Methodology of the ESIA ✓ Structure of the ESIA 2. LEGAL AND INSTITUTIONAL FRAMEWORKS ✓ Policies and Strategies ✓ Legal Framework ✓ International Conventions and Protocols ✓ Regional Agreement and Cooperative Frameworks ✓ World Bank Environmental and Social Framework (ESF) ✓ Institutional Framework, Structure and Capacity 3. SUBPROJECT DESCRIPTION ✓ Subproject description and design ✓ The Project Beneficiaries ✓ Project Implementation Arrangement 4. ENVIRONMENTAL AND SOCIAL BASELINE CONDITIONS ✓ Physical Conditions ✓ Biological Conditions ✓ Socio-economic Conditions 5. ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS ✓ Beneficial/Positive Environmental and Social Risks and Impacts ✓ Adverse/Negative Environmental and Social Risks and Impacts ✓ Environmental ✓ Occupational Health and Safety ✓ Community Health and Safety ✓ Social ✓ Ancillary Facilities 6. ENVIRONMENTAL AND SOCIAL MITIGATION MEASURES 7. ENVIRONMENTAL AND SOCIAL MANAGEMENT AND MONITORING PLANS ✓ Environmental and Social Management Plan (ESMP) ✓ Environmental and Social Monitoring Plan MWRI Page 252 Draft ESMF for Climate Resilient Flood Management Project (CRFM) 8. CAPACITY DEVELOPMENT AND TRAINING 9. ANALYSIS OF ALTERNATIVES 10. STAKEHOLDERS CONSULTATIONS 11. CONCLUSIONS AND RECOMMENDATIONS ✓ Conclusions ✓ Recommendations ANNEXURE Annex 1 List of the Consultant’s Team Annex 2 References Annex 3 Records of Stakeholders Consultations Annex 4 Environmental and Social Clauses to be Included in Contract Documents Annex 5 List of Associated Reports MWRI Page 253 Draft ESMF for Climate Resilient Flood Management Project (CRFM) ANNEX H: LABOR MANAGEMENT PROCEDURES 1. Introduction The World Bank’s Environmental and Social Standard 2 (ESS2) - Labor and Working Conditions and ESS4 - Community Safety and Health were identified as applicable for the project. In accordance with the requirements of ESS2, these Labor Management Procedures (LMP) were prepared. The purpose of the LMP is to set out the ways in which the PIU and Implementing Partners (IP) will manage all project workers in relation to the associated risks and impacts. The objectives of the LMP are to: (a) Identify the different types of project workers that are likely to be involved in the project (b) Identify, analyze and evaluate the labor related risks and impacts for project activities (c) Set out procedures to meet the requirements of ESS2, ESS4 and applicable national legislation. The LMP will be applied with due consideration to the requirements of national laws, the interrelatedness of ESS2 with other Environmental and Social Standards in general and ESS4 in particular. The LMP will be administered to different types of project workers as follows: (a) Direct Workers. People employed directly by the MWRI to work specifically in relation to the project in the PIU in Juba. (b) Contracted Workers. People engaged through third parties to perform work related to core functions of the project, regardless of location. Under this category are included employees of any potential implementers, such as UN agencies, NGOs or contractors and sub-contractors. (c) Primary Supply Workers. People engaged by UN agencies, research companies, NGO or contractors as primary suppliers. These include, for example, suppliers of construction materials. MWRI Page 254 Draft ESMF for Climate Resilient Flood Management Project (CRFM) (d) Community Workers. People employed or engaged in providing community-based project interventions. These will include community members who will be working on flood risk mitigation infrastructure. The LMP will apply to project workers including fulltime, part-time, temporary and seasonal. 2. Labor Forecast / Types of Activities The ECRP-II has four Components with the following labor requirements: Component 1: Climate resilient policies, plans and institutions. This component will finance institutional strengthening and capacity building for water sector at national, state and county levels to help advance understanding of the country’s water resources endowment and water- related risks and improve strategic flood management for climate adaptation. The implementation of this component will require the deployment of contracted workers through research companies, UN agencies or NGOs, which will be conducting various research, strengthening and capacity building activities in support of the PIU. Component 2: Climate resilient flood infrastructure and services. This component will finance activities to enhance resilience to floods in select river basins through no-regret solutions. Both conventional infrastructure investments and nature-based solutions for flood management will be considered, building upon the findings of activities under Component 1. The main activities will include rehabilitation of existing flood management structures to enhance structural integrity, safety and functionality in the context of climate change, as well as new construction of flood management structures. A preliminary typology of flood management solutions includes embankments/dikes, small dams/haffirs, infiltration basins and wetlands restoration. Given the construction activities planned under this component, contracted workers, primary supply workers and community workers may be required for implementation. Component 3: Project Management and Implementation support. This component will finance technical assistance and capacity development for technical planning and supervision, financial management, procurement, environmental and social (E&S) risk management, monitoring and evaluation, communications, and knowledge management. This component will MWRI Page 255 Draft ESMF for Climate Resilient Flood Management Project (CRFM) mainly require direct workers, including staff and consultants directly recruited by the MWRI/PIU. Component 4: Contingent Emergency Response (CERC). CERC is included in the project in accordance with Investment Project Financing (IPF) Policy, paragraphs 12, for Situations of Urgent Need of Assistance or Capacity Constraints. The labor requirements for this Component are unknown at this point. The labor requirements show that the LMP has to cater for all four categories of project workers as described in ESS2, namely direct workers, contracted workers, primary supply workers and community workers. 3. Labor Risk Assessment As part of the labor risks and impacts identification, the following activities will assist in understanding the exposure pathways. Presented here are only key risks related to workers of anticipated activities: (a) The main activities for community workers will be light works construction and rehabilitation of flood risk mitigation measures, including embankments/dikes, small dams/haffirs, infiltration basins and wetlands restoration. (b) The main types of activities for contracted workers will be activities in the construction and rehabilitation of flood risk mitigation measures, as well as research and analytical work, capacity building and institutional strengthening activities. The table highlights and analyses the potential labor related risks and impacts in view of the anticipated labor utilization and general baseline settings of the project areas. MWRI Page 256 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Table 1: Labor Risk Identification and Analysis Risk/Impact Analysis (Magnitude, Extent, Risk Mitigation Measures Timing, Likelihood, Significance) ESS2: Labor and working conditions Labor standards are There are some gaps between South The implementation of this LMP addresses the gaps not in accordance to Sudanese labor laws and international addressed national laws and standards / ESS 2 (for example in regards international standards to child labor, see below. Underpayment of Since South Sudan has no statutory The project will decide on a minimum wage contracted workers or minimum wage, there is a risk that local (categorized by type of task, and based on supply workers contractors and sub-contractors underpay comparable projects implemented by international the contracted or supply workers. organizations) and implement it throughout the project / cascade it down to contractors. Labor disputes over Given the generally high conflict potential, The project will provide workers’ GRM contracts it is possible that disputes over contracts and job opportunities emerge Deployment of Significant amounts of unskilled jobs are The project will prioritize workers hired locally to immigrant/migrant filled by immigrant workers. These require strengthen local ownership and benefits, and, where workers without work permits, which can be subject to that is not possible, ensure that workers from abroad required permits lengthy processes. The risk therefore exists have the appropriate permits. that local contractors contract migrant workers without appropriate permits in country. Poor working Due to the protracted conflict in South The supervision of Contractor Labor Management conditions: Unsafe Sudan and the weakness of formal justice Practices is essential to mitigate against this risk. A work environment institutions, employees’ working contractor checklist will be used. conditions are poor. The impact is significant in that it may manifest in exploitation of the very community that the project intends to benefit, community workers, but also contracted workers may be affected. Poor working Labor laws in South Sudan have been The project therefore needs to ensure, through conditions: lack of criticized for their lack of enforcement. rigorous workers’ grievance mechanisms, that workers’ rights This is not surprising given that the formal workers can articulate violations of their rights and justice sector is generally weak. receive redress. Discrimination against In most rural communities in South Sudan, Contractors are compelled to safeguard the interests women in employment women typically carry out household work of women, including gender parity at the owing to the general perception that men workspace, prohibiting sexual harassment and go to formal work while women and girls other forms of GBV toward female workers by assume household duties. If there is no other project workers, appropriate sanitation deliberate effort by the project to facilities at workplace, and appropriate PPE for encourage the local women to thrive in women. contracted work or community work the risk of missing them as beneficiaries of potential employment is substantial. There MWRI Page 257 Draft ESMF for Climate Resilient Flood Management Project (CRFM) is also a high incidence of sexual harassment of female workers by other workers, and discrimination in recruitment and employment of women generally. Use of child labor The general minimum age for work is 14 The minimum age of 18 will be enforced in (which is in accordance with ILO recruitment and in daily staff team talks by standards on minimum age where a contractors. This will also be supervised this country’s economy and educational through the Contractor Management Checklist. facilities are insufficiently developed). Children between the ages 14 and 18 engage in the worst forms of child labor, violating international standards. Compulsory education age (13) is inconsistent with minimum age for work (14). Worst forms of child The Labor Act lacks clarity on prohibitions The project will not recruit any workers for labor on the worst forms of child labor. hazardous work and will enforce the minimum age Article 12(2) allows children between the of 18 for all workers. ages 14 and 18 to engage in the worst forms of child labor, violating international standards. In practice, children in South Sudan engage in armed conflict and in cattle herding. The national army continues to recruit, sometimes forcibly, children to fight opposition groups. Children are further engaged in other worst forms of child labor, including in commercial sexual exploitation. Furthermore, hazardous work falls under the worst form of child labor. Forced Labor Forced labor takes place in South Sudan, Contractors’ obligations will be spelled out in their for example in regards to recruitment into respective contracts and compliance will be the national army. There is hence a risk monitored. that forced labor will be deployed in the project, for example in the form of community workers. Injuries at the Given that PPE may be scarce for Contractor to conduct occupational risk assessment workplace / general contracted workers or community workers, and implement mitigation plans. Occupation Health and and health and safety regulations may not Safety (OHS Issues exist or not be enforced. ESS4: Community Safety and Health Labor influx and GBV There is likely to be internal movement of All contractors will implement the Labor Influx people from areas outside the project areas Management Procedure (see below); and will to seek employment and associated implement the SEA/SH Action Plan. benefits from within targeted communities. Furthermore, contracted workers may be brought into communities to conduct construction works. Population movement due to labor influx may result in MWRI Page 258 Draft ESMF for Climate Resilient Flood Management Project (CRFM) GBV/SEA cases. Spread of diseases in Population movement due to labor influx All contractors will implement the Labor Influx communities, may result in the spread of HIV and other Management Procedure (see below), including including HIV through communicable diseases. sensitization on preventing common diseases. labor influx Communication of risks will be conducted through locally appropriate means – targeting specific social groups and genders. Safety of flood risk The safety of the flood risk reduction Ensure that all proposed flood risk mitigation reduction activities activities may be compromised by the design, operation and maintenance regimes are design of the subproject or by the selected designed and reviewed by qualified engineers. location, which can have adverse impacts of the safety of the community. Adopt and implement GIIP Safety measures to ensure that flood risk mitigation activities are safe. 4. Institutional Arrangement for Implementation of LMP Given the categories of project workers (direct workers, contracted workers, primary supply workers and community workers), this section lays out the operational arrangements amongst the various institutions that are implementing the Project and ensure the smooth implementation of the LMP. The requirements of the LMP apply to all categories of project workers and where there is a special emphasis for a particular category of workers, this will be highlighted within the applicable section of the LMP. Direct Workers are those workers employed by the PIU, specifically for the CRFM Project. The requirements of the LMP, as applicable to the direct workers, will be the responsibility of the PIU. Contracted workers are those who will be employed by other Implementing Partners, including potentially UN agencies, NGOs, contractors and sub-contractors to implement the project activities. These entities have the responsibility to ensure LMP implementation at the interface with their respective contractors and sub-contractors, where applicable, while the PIU oversees the LMP implementation at all levels. Community workers may be deployed by contractors or sub-contractors directly in rehabilitation or construction activities. The respective contractor is therefore responsible for the full implementation of the requirements of the LMP as it applies to community workers in relation to ESS2, while the PIU will exercise oversight over labor management processes. Primary Suppliers are identified at the sub-project level by contractors or sub-contractors, and the applicability of the LMP will be affirmed at that time. All implementing partners involved MWRI Page 259 Draft ESMF for Climate Resilient Flood Management Project (CRFM) in construction or rehabilitation activities have the mandate to ensure that all the procedures for primary supply workers are observed, though the PIU has the overall responsibility. ESS2 applies a proportionality approach to oversight responsibility towards suppliers. That being said it is important that the project ensures minimum conditions in cases like quarries, or camp service suppliers, or any activities ongoing within construction sites. 5. Key Procedures The Project will promote sound worker-management relationships and enhance the development benefits of a project by treating workers in the project fairly and providing safe and healthy working conditions. 5.1 Key Procedures Rationale PIU, Implementing Partners and contractors and all project workers will ensure the full accomplishment of the objectives of ESS2 and ESS4 in specific. Some aspects are covered through national legislation, while those aspects that are not completely covered by will be satisfied through reference to the World Bank’s sector specific guidelines on good practices on occupational health and safety (OHS). 5.2 Recruitment and Replacement Procedure 5.2.1 Procedure Objective The objective of this procedure is to ensure that the recruitment process and placement of project workers is conducted in a manner which is non-discriminatory and employees are inducted to all essential work-related matters. 5.2.2 Procedure 1. Implementing Partners and contractors submit a recruitment plan to PIU for review and approval. The following details will be shown: i. Number of staff required ii. Intended working condition iii. Intended locations of staff iv. Job specifications in terms of qualification and experience 2. IPs and contractor publishes the job invitation in the appropriate media (local press or direct invitation for contracted worker, or word of mouth through local leaders for MWRI Page 260 Draft ESMF for Climate Resilient Flood Management Project (CRFM) community workers) to ensure all potential candidates have access to the information, including women and persons with disabilities, actively addressing risks of nepotism, or other forms of recruitment or employment discrimination. 3. Shortlist and recruit candidates ensuring the following: i. As far as possible, 50% shortlisted candidates are women. ii. As far as possible, 50% engaged employees are women. iii. Screen off candidates under the age of 18 years. 4. On recruitment, ensure a contract of employment is signed voluntarily, for both contracted workers and community workers. 5. For community workers, contractors will have the terms and conditions discussed, explained, negotiated and documented through joint community meetings, with each community employee showing consent by appending their signature against the resolutions or signing the attendance register of the meeting which made the employment resolutions. 6. Before commencement of work, the contractor will ensure the employee is inducted on the essential work related issues, which include the following; i. Key Job Specifications ii. Terms and Conditions of Employment iii. Special Codes of Conduct iv. Disciplinary Procedures v. Workers’ Grievance Mechanism vi. Freedom to join and participate fully in Workers Association activities, Employment Council or Trade Union vii. Key E&S aspects of the CRFM, as listed in the ESMF and other E&S instruments viii. Emergency Preparedness 7. Maintain all such employment records available for review by the PIU, the World Bank, or Regulatory Authority. 6. Workers’ Grievance Redress Procedure 6.1 Objectives of the procedure The objective of this procedure is to settle the grievance between an employer and employee or between employees bilaterally before recourse to formal dispute resolution. Under the provisions of ESS2, the project will provide a grievance redress mechanism for all direct and contracted workers to raise workplace concerns. Workers will be informed of this grievance MWRI Page 261 Draft ESMF for Climate Resilient Flood Management Project (CRFM) mechanism at the time of recruitment and the measures put in place to protect them from any reprisal for its use. The project will put in place measures to make the worker grievance mechanism easily accessible to all project workers. 6.2 Procedure 1. PIU to engage IPs or contractors with a registered code of conduct or who sign an undertaking to comply with the provisions of the South Sudan Labor Act from 2017 for contracted workers and contractors who will comply with community meetings resolutions on applicable rules in the case of community workers. 2. IPs and contractors induct the employee on the applicable workers’ grievance redress mechanism. Induct all project workers to be aware of their rights. All records of induction shall be kept and made available to the World Bank. 3. In case of violation, the aggrieved employee must capture and present the details of the grievance to the person they report to or the supervisor’s superior in case of conflict of interest. 4. The supervisor will verify the details and seek to address the matter within the shortest time (up to 48 hours). 5. The supervisor will escalate the matter if not resolved within 48 hours if a resolution is not found. 6. Where no resolution is found, the employee can either escalate the matter to the Project GRM (see above), or to sector-specific institutions or courts who will resolve the matter between employer and employee, except in cases where the employer is a UN entity. The Supreme Court’s decision is final, where it has exercised lawful jurisdiction. 7. Where the formal courts are not accessible, do not exist in an area, or cannot render a judgment, the matter shall be reported to and handled by the PIU, for example through the Project Grievance Redress Mechanism (GRM). The PIU, in this case, will accommodate a fair agreement between the worker and the contractor. 8. The contractor shall keep records of all proceedings of grievance redress that are within their jurisdiction and furnish the PIU as part of the periodic progress reporting. MWRI Page 262 Draft ESMF for Climate Resilient Flood Management Project (CRFM) 9. All grievances of sexual nature (GBV/SEA/SH) should follow the procedures listed in the SEA/SH Action Plan, which includes referral pathways and complaints resolution mechanism. 10. In case of risk of retaliation, the employee may immediately escalate to the court system [6], except in cases where the employer is a UN System entity, or to the PIU as noted under [7]. If confidentiality is requested, the PIU will ensure it to avoid any risk of retaliation, including in its follow-up actions. 11. Community workers apply the Project GRM. 7. Occupational Health and Safety (OHS) Procedures 7.1 Objective of procedure The objective of the procedure is to achieve and maintain a healthy and safe work environment for all project workers (contracted workers and community workers) and the host communities. 7.2 Procedure 1. On procurement of contractors, the IP or PIU will avail the ESMF, ESMP or any other relevant E&S instruments to prospective bidders so that contractors include the costs for OHS and community health and safety measures in their bids. 2. The contractors will develop and maintain an OHS management system that is consistent with the scope of work, duration of contract and IFC General Environmental Health and Safety Guidelines (EHSGs) on Occupational Health and Safety. 3. Contractors will adopt the sub-project ESMPs and where necessary develop Construction Environmental and Social Management Plans (C-ESMPs) to help manage construction risks. 4. Contractors appoint an appropriately qualified and experienced OHS and / or Environmental Specialist whose core responsibility is to advise the employer on OHS-related issues. 5. Contractors prepare task specific risk assessment (TRA) and safe working procedures (SWP) for executing works; 6. Contractors provide preventive and protective measures, including modification, substitution or elimination of hazardous conditions or substances informed by TRA and SWP. MWRI Page 263 Draft ESMF for Climate Resilient Flood Management Project (CRFM) 7. Contractors provide for appropriate training/induction of project workers and maintenance of training records on occupational health and safety subjects including TRA and SWP. 8. Contractors document and report on occupational accidents, diseases and incidents. 9. Contractors provide emergency prevention and preparedness and response arrangements to emergency situations including and not limited to: ● Workplace accidents ● Workplace illnesses ● Flooding ● Disease outbreak ● Labor unrest and ● Security 10. Contractors to comply with all requirements of applicable OHS legislation and Environmental legislation including WB EHS guidelines. 11. Contractors shall maintain all such records for activities related to the EHS management for inspection by the PIU. 8. Contractor Management Procedures 8.1 Objective of procedure The objective of this procedure is to ensure that the PIU or respective IP has contractual power to administer oversight and action against contractor non-compliance with the LMP. 8.2 Procedure i. The IP or PIU shall avail all related documentation to inform the contractor about requirements for effective implementation of the LMP. ii. Before submitting a bidding documents for any contracted work, the contractor shall incorporate the requirements of the ESMF and/or ESMP and all other relevant E&S instruments iii. Contractor to formulate, implement and review contractor specific Management Plans (C-ESMPs) as required by the ESMF and specifically the LMP including: ● OHS Plan ● Labor Recruitment Plan ● CoCs for employees MWRI Page 264 Draft ESMF for Climate Resilient Flood Management Project (CRFM) ● Waste management Plan ● Emergency Plan iv. Contractor to submit the progress reports on the implementation of the LMP and allow the IP/PIU access to verify the soundness of the contractor’s implementation of the requirements of the LMP. v. Where appropriate, the IP / PIU may withhold contractor’s payment until corrective action(s) is/are implemented on major noncompliance to the LMP. The following are some of the major noncompliance that contractors need to take note of: ● Failure to submit mandatory monthly/quarterly progress report ● Failure to avail for inspection specified documentation pertaining to the implementation of the ESMP, C-ESMP and LMP ● Failure to timely notify and submit incident and accident investigation report ● Failure to appoint a competent and experienced EHS officer ● Failing to enforce the C-ESMP including provision of adequate appropriate PPE ● Recruitment of nontechnical staff from outside the local community. 9. Labor Influx Procedure 9.1 Objective of the procedure The objective of this procedure is to capacitate the IPs and all contractors to mitigate the labor influx risk and impacts. The influx of workers and followers can lead to adverse social and environmental impacts on local communities, especially if the communities are rural, remote or small. Such adverse impacts may include increased demand and competition for local social and health services, as well as for goods and services, which can lead to price hikes and crowding out of local consumers, increased volume of traffic and higher risk of accidents, social conflicts within and between communities, increased risk of spread of communicable diseases, and increased rates of illicit behavior and crime, including GBV cases. 9.2 Procedure i. Contractor shall ensure that all non-technical work is reserved for locals (identifiable with the host community and witnessed by host community leadership). ii. Beneficiary selection and employment recruitment should verify the authenticity of the localness of potential employees. MWRI Page 265 Draft ESMF for Climate Resilient Flood Management Project (CRFM) iii. Contractor liaises with local leadership on enrolment for community workers while at the same time ensuring that no grievances derive from nepotism via utmost transparency in the selection process, announcing hiring campaigns early enough in community consultations and/or other outreach activities. iv. Where there are camp establishments, contractor shall ensure camp management and community relations are good. If labor camps are required, special management plans need to be developed, or if smaller establishment, camp management reflected in the ESMP. ● Security within camp ● Social relations with community members should be cordial and consistent with SEA/SH prevention guidelines ● Waste management ● Water and sanitation ● Proper camp demobilization v. Establish code of conduct for workers’ interaction with the host community. This may include: ● Access to camp by children, non-employed girls and women ● Appropriate language ● Time restrictions where required ● SEA/SH prevention measures ● Good conduct if small numbers of workers are accommodated in communities rather than camps vi. Contractors should have own supply of, pay for accommodation offered by community to contracted employees. vii. Contractor shall ensure that local supply shall not negatively impact the availability of resources for the local communities. viii. Contractor shall provide a fully equipped first aid kit. ix. Contractor to mainstream HIV issues in the workplace by providing HIV prevention training during induction and continuously during employment through health and safety talks. x. Contractor to be fully aware of and be ready to implement the Workers’ Grievance Redress Mechanism. MWRI Page 266 Draft ESMF for Climate Resilient Flood Management Project (CRFM) 10. Procedure for Primary Suppliers Primary supply workers are employees of suppliers who, on an ongoing basis, provide goods and services to the project. The IP or PIU has oversight of the implementation of the LMP requirements in this category. 10.1 Objective of the procedure The objective of the procedure is to ensure that labor-related risks to the project from primary supply workers are managed in line with the requirements of ESS2. 10.2 Procedure PIU and/or IP will undertake the following measures: i. Procure supplies from legally constituted suppliers. The legal registration ensures that the company is legally obliged to comply with all applicable labor laws in South Sudan including the Labor Act, which makes it possible to assume mainstreaming of the labor laws within the supplier’s firm. This will include ensure evidence of ● Certificate of incorporation ● Tax Clearance ● Value Added Tax certificate ● Registration of supplier with regulatory body for the goods or services where required ii. Make a physical check on the supplier’s labor management system, including parameters in appendix C where applicable, including ● employee contracts ● OHS ● any past work-related environmental or occupational incidents ● workers committee in place iii. Check products quality certification and environmental rating where required iv. Undertaking to take back waste for reuse, for example containers where applicable vi. Possibility of training in safe use of product by community users where applicable MWRI Page 267 Draft ESMF for Climate Resilient Flood Management Project (CRFM) vii. Where potential child labor or forced labor or serious safety risks are identified in a specific sector or industry, in connection with the supply of goods, a mapping exercise should be conducted to identify suppliers relying on such goods. viii. Where it is not possible to identify specific primary suppliers, the mapping should identify general industry labor issues relating to the supply of the respective goods. 11. Procedure for Community Workers The activities in Components 2 will include the use of community workers in a number of circumstances, such as labor provided by the community in construction or rehabilitation of flood risk mitigation activities. The related occupational risks are low since workers will be using simple tools and perform light work. Given the nature and objectives of the potential sub-projects, the application of all requirements of ESS2 may not always be applicable. In all such circumstances, this procedure provides measures to be implemented to ascertain whether such labor is or will be provided on a voluntary basis as an outcome of individual or community agreement and if the employment terms and conditions have been fully discussed and agreed. 11.1 Objective of procedure The objective of this procedure is to ensure the community workers offer their labor voluntarily and are agreeable to the terms and conditions of employment. 11.2 Procedure The IP or PIU will apply the following guidelines when dealing with community workers. The IP or contractor will develop standard TOR, working times, remuneration systems (depending on the type of work), methods of payment, timing of payment, and community CoC which will apply to all project activities. These will be developed during the project inception phase. i. Produce a recruitment plan and have it reviewed and approved by the IP/PIU ii. Meet and document resolution of meetings with the community on the intended community workers recruitment. The resolution shall include details on ● Nature of work ● Working times ● Age restrictions (18 and above, verification will be based on ID documentation, and where not available through affidavits from the boma or payam chief) ● Remuneration amount ● Method of payment ● Timing of payment ● Individual signatory or representative signatory of meeting resolution MWRI Page 268 Draft ESMF for Climate Resilient Flood Management Project (CRFM) ● Employment is voluntary ● Community CoC iii. Induct community workers on key LMP issues, including ● GBV and SEA ● Workers’ and Project GRM ● OHS ● HIV awareness ● Safe use of equipment and lifting techniques ● Applicable PPE Vi. Ensure that all proposed sub-project designs, operation and maintenance regimes in view of flood risk mitigation activities, are designed and reviewed by qualified engineers. 12. Terms and Conditions of Project Workers 12.1 Working hours The Labor Law (42.(1)) establishes general working hours of 8 hours per day and 48 hours per week, broken by a paid period of rest of not less than half an hour per day for eating and resting. Article 42 (2) states that the competent authority may issue an order to amend for certain periods of the year or for certain categories of workers, as required by the nature and type of work, the weekly or daily hours or work or the periods of rest to be taken during these hours. 42 (3) stipulates that working hours shall be reduced by one hour during the month of Ramadan for workers who fast and for breastfeeding mothers for two years as from the date of birth of their child, provided that this hour is paid. 12.2 Age of employment The Labor Law (12.2) stipulates that no shall engage or permit the engagement of a child under the age of 14 years to perform works defined as worst forms in the same Act. A child who has attained the age of 12 (12.4) may be engaged to perform light works as long as it is not harmful for the child’s health or safety, or the child’s welfare and development and does not interfere with the attendance of school. No person shall engage or permit the engagement of a child under the age of 18 in hazardous work (12.6.). However, this Project only allows engagement generally from the age of 18. Leave Under the Labor Law (59.1), an employee shall be entitled for a weekend holiday not less than 24 consecutive hours. All public holidays shall be observed on calendar days. An MWRI Page 269 Draft ESMF for Climate Resilient Flood Management Project (CRFM) employee is entitled to annual leave with full pay as follows: a) after continuous service of one year or more but less than three years 21 working days per year; b) after continuous service of 3 years or more but less than 15 years 25 working days per year; c) after continuous service of 15 years or more, thirty working days of leave per year (60.1). Types of other leave defined in the law include: sick leave; maternity leave; paternity leave; compassionate leave; and unpaid leave; leave for vocational or union trainings; 13. Code of Conduct A code of conduct for workers and employers should be developed for the Project, emphasizing labor, health and safety, environmental and social issues, including GBV. The obligations of the code should apply to all Project workers. The Code of Conduct should be a summary document, written in simple language. It should be available in English and local languages and should be explained orally to the worker in the local languages of the subproject region prior to signing. It will also be the subject of discussion in internal training/capacity building sessions promoted by the employer. The individual code should be signed by each employee, preferably at the signing of the contract, and a copy kept by both parties (employee and employer). In the case of workers hired prior to the project, they should sign at the planning and mobilization phase of the subproject, that is, before the practical activities under the Project begin. By signing the Code of Conduct, the employee confirms that: ✓ Received a copy of the Code; ✓ Have had an explanation of the Code; ✓ Recognize that adherence to this Code of Conduct is a condition of working on the project; ✓ Recognize that violations of the Code may result in serious consequences, up to and including dismissal or referral to legal authorities 14. Monitoring and Supervision The performance monitoring of this LMP will follow the same institutional arrangement as the monitoring and supervision of the ESMF. Detailed mechanisms are laid out above in the monitoring section of the ESMF. In general, the PIU will be responsible for the monitoring of the implementation of the LMP. In particular, the Social Specialist in the PIU will work to ensure that the LMP is fully implemented. MWRI Page 270 Draft ESMF for Climate Resilient Flood Management Project (CRFM) The Social Specialist will undertake supervision missions and spot checks. Through the initial activity- or site-specific screening process, the Social Specialist will be aware of potential labor-related risks and impacts of activities and will develop a monitoring schedule around these. Non-compliance of the LMP will be reported to the PIU Project Manager, and will be reported on in the regular E&S reporting to the World Bank. Annex I: GBV/SEA/SH Action Plan This Sexual Exploitation and Abuse (SEA)/ Sexual Harassment (SH) Action Plan has been developed to accompany the implementation of the CRFM and ensure that the Project does not have any negative impacts or further promotes GBV, SEA/SH or the abuse of children. It MWRI Page 271 Draft ESMF for Climate Resilient Flood Management Project (CRFM) presents operational activities as well as recommendations for GBV, SEA, SH and child protection risk mitigation measures that build on existing mechanisms in South Sudan. The SEA/SH Action Plan is guided by the commitments related to SEA/SH included in the Project Environmental and Social Commitment Plan (ESCP) and it provides procedures for grievances related to such abuse in project areas. It is based on existing protection, prevention and mitigation strategies and measures in place in South Sudan, as coordinated through the GBV sub-cluster group. SEA/SH Risks in Emergency Settings Crisis or natural disasters do not affect everyone equally. The Inter-Agency Standing Committee (IASC) acknowledges that women and girls are ‘disproportionately exposed to loss of livelihoods, increased domestic responsibilities, and to Gender-Based Violence (GBV), as well as to threats to many aspects of their health and well-being’ in conflict and disaster zones.42 Gender as well as other social, cultural, political or economic aspects can determine inequalities among individuals and social groups. These aspects can interact to determine the capacities, but also vulnerabilities of women, girls, men and boys. Furthermore, emergencies threaten health, safety and security of communities, especially for children. Abuse, neglect, exploitation and violence against children is likely to increase in such environments. Emergency and post-emergency operations are implemented in a context of exacerbated risk for GBV, including challenges linked to sexual exploitation and abuse (SEA), sexual harassment (SH) and decreasing rights for children. Activities linked to humanitarian or development projects may compound the broader contextual risks present at community level. Project-induced risks relate to the size and scale of a project, the potential for labor influx, the geographic location of project activities, the ability (or inability) to supervise project activities, and the given emergency context. Income in the hands of workers can also create or worsen existing power imbalances between workers and weaker members of the community, in particular women and children. Identifying project-related risk factors as they interact with contextual risk factors and mitigating them is critical for the development of appropriate prevention measures for women, children and other vulnerable groups in project design. 42 IASC, Policy. Gender Equality and the Empowerment of Women and Girls in Humanitarian Action, November 2017. MWRI Page 272 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Contextual SEA/SH Risks Physical and sexual violence: About 65 percent of women and girls in South Sudan have been the victim of physical and sexual violence at some point in their lives, with the majority of them experiencing it for the first time before the age of 18.43 In 33 percent of the cases, the violence was experienced during military raids from a non-partner while in 51 percent cases it was from an intimate partner. The culture of violence and impunity that has emerged from decades of conflict continues to provoke violent behavior toward women inside and outside their home44. Across the country, law enforcement services remain weak and police are under- trained and under-resourced. Aside from the Police Special Protection Units (SPUs) that handle SGBV, police are given little training on how to handle cases of GBV and for the most part, they have little knowledge of women’s rights45. Sexuality issues and domestic violence are considered confidential and are not openly discussed, which promotes a culture of silence around GBV. In general, women and girls who experience sexual and domestic violence do not speak up. When they do report GBV incidents, findings indicate that most GBV cases are reported to community leaders (78.9 percent) and clan heads/members (71.5 percent) while few people report GBV cases to NGOs (14.7 percent), government (47.1 percent) and to religious leaders (38.3 percent). Qualitative findings indicated that community and clan leaders are nearer to the people and hold high levels of trust with community members. However, most social and government institutions that handle sexual and domestic violence cases are male-dominated,46 which discourages women and girls from reporting for fear of retaliation or social ostracism. Early and forced marriage is another expression of GBV in South Sudan. About 52 percent girls get married before reaching 18. This practice is also linked to poverty and ongoing conflict. Many families receive a bride price, which makes men think of their wives as commodities and thus the wives lose the rights to speak up for themselves47. Customs such as 43 UNICEF, 2018 44 World Bank 2019 45 UNECA (2019), National Review of the Implementation of the Beijing Declaration and Platform for Action (1995). Republic of South Sudan. 46 Kenwill International Limited (2015). Gender Assessment Report Summary, Feed Fortifying Equality and Economic Diversification (FEED), Improved Livelihoods in South Sudan. World Vision South Sudan. 47 World Bank (2019), Strengthening Gender Outcomes in Social Protection and Poverty Focused Programs in South Sudan. MWRI Page 273 Draft ESMF for Climate Resilient Flood Management Project (CRFM) early marriage and bride price negatively affect women and position them in a subordinate manner vis-a-vis men. Inequitable gender attitudes: The patriarchal norms prevailing in South Sudan - especially among the rural population – are an expression of inequitable gender attitudes. South Sudanese women and men think that a husband is justified in beating his wife. The majority of male respondents (77 percent in Rumbek), and female respondents (73 percent in Juba City and 93 percent in Rumbek) agree that violence is justified in at least one of the following circumstances: If a woman goes out without telling her husband, neglects the children, argues with her husband or refuses to have sex.48 Although there are signs of women being less accepting of GBV, the normalization of violence against women and men and existence of gender inequitable norms minimize the impact of observed attitudes 49. Lack of employment and sense of worth among young men is another factor that increases violence against women via armed groups. Women often experience a double burden as a result of the change in gender roles, while they have to fulfil traditional gender roles, they are also becoming heads of households and the main breadwinners for their families. Economic consequences of war: The economic downturn and loss of livelihoods caused by the conflict forced many women and girls to engage in sex to making a living. Even many female members of the armed groups report physical abuse or rape by fellow group members. Also, conflict and violence exacerbate the exposure and vulnerability of women to GBV. In particular, the proliferation of young male group gangs presents a high-level risk for women, as these groups target women and men in their attacks. The National Gender Policy The National Gender Policy (2012 – 2017): The goal of achieving gender equality in South Sudan is anchored in the country’s Transitional Constitution and guided by a vision of equality as an inalienable right for all women, men and children, and gender equality as a human right. Article 16 of the Transitional Constitution states: Women shall be accorded full and equal dignity of the person with men. Women shall have the right to equal pay for equal work and other related benefits with men. 48 World Bank (2019) 49 The Global Women's Institute. (2019). Violence Against Adolescent Girls: Trends and Lessons for East Africa. MWRI Page 274 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Women shall have the right to participate equally with men in public life. The Policy aims at a country free from all forms of discrimination and violence, where women, men and children enjoy their human rights on the basis of equality and non- discrimination in all spheres of national life. It is underpinned by the commitment of the Government of South Sudan to uphold and protect the rights and dignity of all the people. Its achievement will be measured by the attainment of a rights-based legal and policy framework, equality before the law and access to justice for all without any discrimination based on gender, disability, age, religion, ethnicity, or any other social construct. The guiding principles for the policy reflect national commitments as enshrined in the Transitional Constitution and the Bill of Rights. It reaffirms the principle of women’s rights as human rights and the recognition gender-based discrimination as a serious impediment to development. This policy emphasizes an integrated approach for addressing the challenges faced by the women and men of South Sudan, thereby avoiding piecemeal impact and results. The institutional arrangement for the implementation of the policy focuses on the Ministry of Gender, Child and Social Welfare (MGCSW). The Ministry was set up as the lead institution for the National Gender Machinery, supported by the position of Presidential Adviser on Gender and Human Rights. The implementation of the policy is coordinated by the Republic of South Sudan through the MGCSW as the lead institution of the gender machinery with the mandate “to promote gender equality, social justice, and safeguard the rights and welfare of women, children, persons with disability and other vulnerable groups.” The MGCSW has the responsibility of coordinating a “gender management system” bringing together all the stakeholders, so as to ensure a coherent and coordinated approach to managing and implementing the policy. All the Ministry’s five Directorates50 have a role in the coordination and implementation of this gender management system. This mandate is derived from the Transitional Constitution (2011), Articles 138 and 139, Presidential decrees of 26 June 2006 and 29 July 2009. Their roles in the implementation of the Policy are in line with the core functions of the ministry to: ✓ Develop policies and programs for the promotion of gender equality, child and social welfare. 50The following are the Ministry’s directorates, Directorate of Gender, Directorate of Planning, Directorate of Administration and Finance, Directorate of Child Welfare, and Directorate of Social Welfare. MWRI Page 275 Draft ESMF for Climate Resilient Flood Management Project (CRFM) ✓ Mainstreaming gender equality, and disability into national development. ✓ Ensure the welfare and respect of the rights of persons with disabilities and socially vulnerable groups. ✓ Manage programs and institutions for children and social welfare. Classification of GBV/SEA/SH According to the World Bank Guidance Note on GBV in civil works, ‘GBV is an umbrella term for any harmful act that is perpetrated against a person’s will and t hat is based on socially ascribed gender differences.’51 It can thereby occur in a variety of different ways, including through the infliction of physical, mental, and sexual harm or suffering’ threats of such acts, as well as coercion and other deprivations of liberty, such as early or forced marriage, economic abuse and denial of resources, services and opportunities, trafficking and abduction for exploitation, Intimate Partner Violence (IPV) perpetrated by a former or current partner. These acts can occur in public or in private (IASC, 2015) Most importantly, the World Bank applies ‘GBV’ as an umbrella term that includes SEA as well as SH. The Guidance Note defines four key areas of GBV risks: ✓ SEA – occurs against a beneficiary or member of the community; exploitation of a vulnerable position, use of differential power for sexual purpose; ✓ Workplace SH – occurs between personnel/staff and involves any unwelcome sexual advance or unwanted verbal or physical conduct of a sexual nature. ✓ Human trafficking - sexual slavery coerced transactional sex, illegal transnational people movement; ✓ Non-SEA: physical assault, psychological or physical abuse, denial of resources opportunities or services, IPV.52 Potential Project-Related SEA/SH Risks The WB’s GBV rating for the CRFM is High Risk. While project activities are expected to have positive impacts on flood risks in the local communities, there are also potential social and GBV risks – mostly in relation to the planned construction works. Some interventions may involve land acquisition and resettlement; some interventions will require recruitment of labor from outside the project area, which could increase the risks of conflict with the local 51 World Bank, Good Practice Note. Addressing Gender Based Violence in Investment Project Financing involving Major Civil Works, September 2018, p.5. 52 World Bank 2018, p. 3 MWRI Page 276 Draft ESMF for Climate Resilient Flood Management Project (CRFM) community and GBV/SEA/SH. The sub-projects may be implemented in areas with active humanitarian situations or local conflicts. It includes areas that will be hard to supervise, where female and male workers will be working in close proximity with limited supervision. Include WB GBV Risk Assessment Tool Existing Risk Management System Government of South Sudan The Government has made efforts in bringing justice to victims of sexual violence through key measures that were undertaken within the criminal justice system. A training manual on the investigation and prosecution of SGBV was developed in 2017 by the Ministry of Justice with technical support from the Ministry of Gender. Also, a Department of Women and Juvenile Justice was established under the Directorate of Public Prosecution. In 2014, the Government developed Standard Operating Procedures for Prevention and Response to Sexual and Gender-based Violence (SGBV). The SOPs were developed through a consultative process with inputs from various government institutions, UN Agencies, International and National nongovernmental Organizations and traditional chiefs at national and state level. The document is in line with the Republic of South Sudan’s legal and policy framework and other international frameworks such as the Inter-Agency Standing Committee (IASC) Guidelines for GBV Interventions in Humanitarian Settings, UNHCR’s Sexual and Gender-based Violence against Refugees, Returnees, and Internally Displaced Persons, and Guidelines for Prevention and Response. The SOP describes the following pathways and timelines for cases of sexual abuse and violence53: Reporting GBV Cases: The GBV survivor has the freedom and right to report an incident to anyone. She/he may seek help from: leaders in the community; i.e. Boma leaders, chiefs, headmen, religious leaders, women’s group leaders, etc…; GBV actors in the community / 53 Ministry of Gender, Child and Social Welfare, Standard Operating Procedures for Prevention, protection and response to GBV in South Sudan, Repubic of South Sudan, 2014. http://southsudanhumanitarianproject.com/wp-content/uploads/sites/21/formidable/GBV-SOPs-South- Sudan.pdf MWRI Page 277 Draft ESMF for Climate Resilient Flood Management Project (CRFM) working groups; health and community workers, NGO staff or anyone whom the survivor believes can be of great assistance to her/him (friend, relative, neighbor, for example). The person receiving the initial report will attend to the survivor and make a timely and appropriate referral according to the nature of the case either to the local authorities, the Police, the Attorney-General, and a health practitioner. The service provider should adhere to the guiding principles of the SOP. Referral: A survivor has the right to make an informed choice on services required. When the survivor is referred, the services available and the conditions that apply should be explained to them. For instance, there is a 72 hours’ time limit for Post –Exposure Prophylaxis (PEP) in the case of a sexual abuse survivor. Prioritized response actions for GBV survivors: Medical examination and treatment of the survivor; Early psychosocial counselling to avoid or reduce traumatic feeling for the GBV survivor; Police investigation and protection intervention for physical safety social re- integration where deemed necessary; Access to Justice; Place of safety/shelter; Basic needs; Livelihood/economic support. Coordination Mechanism: The Ministry of Gender, Child and Social Welfare (MGCSW) takes the lead in GBV prevention, protection and response at the national level while at the state level, the mandate is with the State Ministries of Social Development. The ministries collaborate with line ministries – Ministry of Health, Ministry of Justice and Ministry of Interior (MOH, MOJ, MOI,) UN Agencies, Development Partners, and CSOs on addressing GBV. GBV coordination is implemented through the GBV sub-cluster and is represented in the Gender Coordination Forum. The GBV sub-cluster aims at coherent and effective GBV prevention, protection and response through the mobilization of key government Institutions, UN Agencies, Development Partners and International and National NGOs at national and state level. The key members include MGCSW, MOH, MOI, MOJ, UNFPA, UNICEF, UNHCR, Norwegian Refugee Council (NRC), American Refugee Committee (ARC), International Refugee Committee (IRC), media and National NGOs. Alongside the GBV sub- cluster, there are several coordination forums which play a role in GBV responses. These include the child protection sub-cluster, prevention of sexual exploitation and abuse task force, psycho-social support technical working group. MWRI Page 278 Draft ESMF for Climate Resilient Flood Management Project (CRFM) All actors have a responsibility to contribute to efforts towards GBV prevention, protection and response. Therefore, all actors will be trained and made aware of existing GBV prevention, protection and response protocols. Each actor will constantly monitor the implementation of GBV protocols in field offices. The GBV Sub-Cluster in South Sudan: Within the Global Protection Cluster, GBV is an Area of Responsibility (AOR), facilitated by the United Nation Population Fund (UNFPA), as the designated focal point agency at the global level. In South Sudan, current membership includes more than 150 individual members, with approximately 35 organizations participating in biweekly sub-cluster meetings. Fewer than 15 percent of members offer specialized GBV services and there is a lack of uniformity in standards for service delivery and training. The Protection Cluster targets target mainly women and children. The cluster’s focus is on Unity, Upper Nile, Jonglei, Western and Northern Bahr el Ghazal, and the Equatoria states. Within these areas, protection partners will prioritize locations with most severe needs, including through mobile teams.54 The key objectives of the GBV sub-cluster are: 1) Expand availability of the basic package of multi-sectoral GBV services; 2) Build capacity of service providers and communities to deliver quality GBV services in line with best practices and minimum standards for humanitarian settings; 3) Strengthen GBV prevention and risk mitigation across other humanitarian sectors and with UNMISS, including through mainstreaming; 4) Strengthen co- ordination, advocacy and collaboration at national and sub-national levels. Action Plan This SEA/SH Action Plan has been developed to accompany the implementation of the CRFM Project and ensure that the project does not have any negative impacts or further promotes SEA/SH or the abuse of children. It presents operational activities as well as recommendations for SEA/SH and child protection risk mitigation measures that build on existing mechanisms in South Sudan. The Action Plan provides procedures for grievances related to such abuse in project areas. It is based on existing protection, prevention and mitigation strategies and measures as coordinated through the Ministry of Gender, Child and 54 Reliefweb, 2017. GBV Strategy South Sudan https://reliefweb.int/sites/reliefweb.int/files/resources/gbv_sub-cluster_strategy_final_1.pdf MWRI Page 279 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Social Welfare and the GBV sub-cluster group in South Sudan. The following activities are conducive to the recognition by all IPs and contractors of the risks of sexual violence and GBV and the specific vulnerabilities of women and girls. These measures will be further integrated into the Project Operations Manual (POM) and will be updated as needed throughout the life of the project. SEA/SH response measures are designed based on WB recommendations for improving gender outcomes.55 Key components: ✓ Strengthen institutional capacity for SEA/SH; ✓ Prevention, capacity building and communication on SEA/SH for contractors, suppliers and communities; ✓ GBV requirements in tender processes; ✓ GBV risks assessments at project sites; ✓ Strengthening GBV service provision and referral pathways; ✓ SEA/SH reporting protocol & referral pathways; and ✓ Monitoring and supervision of the SEA/SH Action Plan. 55 World Bank’s Good Practice Note: Addressing SEA/SH in IPF with Major Civil Works, the Secretary-General’s Bulletin ST/SGB/2003/13, dated 9 October 2003, on “Special measures for protection from sexual exploitation and sexual abuse”, as well as the Secretary-General’s Report A/71/818 dated 28 February 2017 on “Special measures for protection from sexual exploitation and abuse: a new approach”. MWRI Page 280 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Component Risks and considerations GBV prevention mitigation and Indicators Responsible Timeline response Component 1: Abuse of power, including sexual The GBV Specialist will develop % of IPs with GBV/SEA PIU GBV Prior to Climate resilient exploitation and abuse and bullying guidelines and checklists for IPs Action Plans developed Specialist commencement of policies, plans and in hiring, employment, and retention on how to develop a simple and contracts practices. Hiring and employment implementable GBV Action Plan, institutions practices that seek to increase the which will be included as a tender number of women in different requirement for contracts. employment positions can expose women to incidents of sexual exploitation (pressure to perform sexual acts in exchange for work), harassment, or violence. Component 2: Abuse of power, including sexual The GBV Specialist, will develop % of contractors with PIU GBV Prior to Climate resilient exploitation and abuse and bullying guidelines and checklists for GBV/SEA Action Plans Specialist commencement of flood infrastructure in hiring, employment, and retention contractors on how to develop a developed works and services practices. Hiring and employment simple and implementable GBV practices that seek to increase the Action Plan, which will be number of women in different included as a tender requirement employment positions can expose for contracts. women to incidents of sexual exploitation (pressure to perform sexual acts in exchange for work), harassment, or violence. Patriarchal norms that lead to Include women in planning and % of women and girls PIU GBV specific, normative, designs based on design of flood risk mitigation consulted during the Specialist male, able-bodied models and infrastructure. design of infrastructure priorities in infrastructure planning. planning and design. Women and girls’ exclusion from planning and design spaces can result MWRI in infrastructure that either ignores, or Page 281 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Component Risks and considerations GBV prevention mitigation and Indicators Responsible Timeline response exacerbates, women and girls’ risks of GBV/SEA/SH. Civil works can exacerbate Adoption of the Core Principles % of workers who signed IPs, PIU/GBV Prior to the GBV/SEA in private and public of the IASC Task Force56 and this the CoC Specialist preparation of spaces, for example through projects AP. All categories of workers will procurement with a large influx of workers that be induced and will sign a CoC, # of trainings on GBV documents raises the demand for sex work, which includes expected CoC for contractors and increases trafficking and forced early standards of behavior regarding workers marriage, increases transactional sex GBV/SEA according to the WB’s # of inductions conducted as higher wages are available, and the 2017 Standard Procurement by IPs and contractors risk of rape. Furthermore, civil works Documents (SPDs)57. PIU and IPs shared with the PIU can cause shifts in communal power will further ensure that all dynamics between community contractors, suppliers, NGO # of IP training materials members and within households, workers have been induced and reviewed by GBV which can lead to male jealously. have signed a CoC. Specialist Training of workers and # of IPs including a contractors: PIU and IPs will provisional sum for ensure that their workers, referral pathways contractors and sub-contractors, suppliers and others are trained in # of pre-bid conferences CoCs and GBV/SEA and child held where GBV protection risk issues as part of requirements are explained their induction as well as 56 IASC (2002), Six Core Principles for Relating to Sexual Exploitation and Abuse, accessed at: https://interagencystandingcommittee.org/principals/documents-public/iasc-six-core- principles-relating-sexual-exploitation-and-abuse-2002 57 The World Bank has not “endorsed” a template CoC for projects. The SPDs provide gu idance on the minimun content of issues to be addressed in the CoC. MWRI Page 282 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Component Risks and considerations GBV prevention mitigation and Indicators Responsible Timeline response throughout course of employment. They will roll out direct training activities for all contracted as well as community workers deployed for their activities – prior to the start of such. At a minimum training should include; explanation of GBV, roles and responsibilities of actors involved, GBV incident report mechanism, accountability and referral procedures as well as services available for survivors of GBV. Requesting the inclusion of a provisional sum in contractor bids to cover the referral of SEA/SH survivors with eligible complaints (i.e. complaints directly related to the implementation of the project) to existing GBV service providers in project-affected areas to facilitate access to timely, safe and confidential services for survivors. Pre-bid vendor conferences on SEA/SH requirements. PIU or IPs MWRI Page 283 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Component Risks and considerations GBV prevention mitigation and Indicators Responsible Timeline response will hold vendor conferences for all suppliers and contractors prior to the launch of tenders, to sensitize them to the SEA/SH tender requirements. GBV requirements will be clearly defined in bidding documents. Component 3: Limited awareness of GBV among Hire a GBV Specialist in the PIU GBV Specialist hired PIU Before Project Management the project team, contractors as well to supervise and provide technical commencement of and Implementation as project communities and limited support for the implementation of Third party monitoring works, including support mechanism to give response to GBV SEA/SH Action Plan. service provided hired any calls for bids challenges. Third party monitoring of the Within 6 months of SEA/SH Action Plan project effectiveness Limited knowledge of existing GBV Strengthen coordination and # of coordination meetings PIU GBV Throughout project service providers, protocols and collaboration with relevant GBV held Specialist implementation referral pathways actors in South Sudan, in particular, GBV Sub-Cluster and Child Protection Sub-Cluster in to tap into the existing referral system in project areas. The GBV Specialist to assess the List of GBV service GBV Before capacity and quality of GBV/SEA providers available and Specialist commencement of service providers in project areas working to attend GBV relevant activities with the objective of establishing cases (disaggregated by effective referral pathways for location and type of survivors. service) MWRI Page 284 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Component Risks and considerations GBV prevention mitigation and Indicators Responsible Timeline response The GBV Specialist will produce an assessment report that will serve as baseline data on service providers. Classification of existing service providers according to their technical capacity on GBV (according to global standards) to update existing referral pathways. Implementation of the GRM # of GBV focal points GBV Throughout project and referral pathways in all appointed Specialist implementation Project areas (for all workers) # of project areas with quality response services Appointment of GBV focal for survivors (case points in all project areas. management, medical, legal, and psychosocial support) # of GBV survivors attended disaggregated by type of support provided # of registered SEA/SH cases; MWRI Page 285 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Component Risks and considerations GBV prevention mitigation and Indicators Responsible Timeline response # of SEA/SH cases taken care of within the deadline; # of cases of SEA/SH linked to the project; # of referred SEA/SH cases # of follow-up reports prepared on SEA/SH cases # of girls / women who received medical care within 72 hours of rape; # of GBV Survivors referred to medical services. MWRI Page 286 Draft ESMF for Climate Resilient Flood Management Project (CRFM) SEA/SH Reporting Protocol and Referral Pathways Reporting protocol The CRFM has a Project GRM that includes clear reporting channels in regards to SEA/SH cases that are connected to the project. GRM Value Chain for SEA/SH Cases Step 1: Grievance Uptake: There are four distinct means, at least two of which must be made available at the sub-project locality for people to file a grievance: a phone number for a hotline operator; a help desk; relevant assigned personnel; suggestion box. Given the sensitive nature of GBV complaints, the GRM provides different ways to submit grievances. All grievance uptake channels can be used to report on SEA/SH-related grievances. No grievance uptake mechanism can reject such grievances, and all personnel directly receiving grievances will be trained in the handling and processing of SEA/SH-related grievances. Information on relevant legislation will be delivered to survivors prior to any disclosure of case details, for example through initial awareness raising sessions on the GRM. This will allow protect the survivor-centered approach from mandatory reporting. The GBV survivor has the freedom and right to report an incident to anyone: community member, project staff, GBV case manager, local authorities. All recipients of the report should – with the survivor’s informed consent – report the case to one of the Project’s formal GRM. Furthermore, a survivor can ask someone else to act as a survivor advocate and report on her/his behalf. The grievance recipient will be responsible for the recording and registration of the complaint. A GRM operator cannot reject a SEA/SH complaint. At the same time, however, the project can only respond to a SEA/SH complaint if it is directed into the designated GRM channels. Confidentiality: All grievance recipients and anyone handling the SEA/SH-related grievances must maintain absolute confidentiality in regard to the case. Maintaining confidentiality means not disclosing any information at any time to any party without the informed consent of the person concerned. There are exceptions under distinct circumstances, for example a) if the MWRI Page 287 Draft ESMF for Climate Resilient Flood Management Project (CRFM) survivor is an adult who threatens his or her own life or who is directly threatening the safety of others, in which case referrals to lifesaving services should be sought; b) if the survivor is a child and there are concerns for the child’s health and safety. The survivors need to be informed about these exceptions. Informed Consent: The survivor can only give approval to the processing of a case when he or she has been fully informed about all relevant facts. The survivor must fully understand the consequences of actions when providing informed consent for a case to be taken up. Asking for consent means asking the permission of the survivor to share information about him/her with others (for instance, with referral services and/or IPs or PIU), and/or to undertake any action (for instance investigation of the case). Under no circumstances should the survivor be pressured to consent to any conversation, assessment, investigation or other intervention with which she does not feel comfortable. A survivor can also at any time decide to stop consent. If a survivor does not consent to sharing information, then only non-identifying information can be released or reported on. In the case of children, informed consent is normally requested from a parent or legal guardian and the children Severe incidents (defined as an incident that caused significant adverse effect on the environment, the affected communities, the public or workers, for example: Fatality, GBV, forced or child labor) will be reported within 48 hours to the PIU and onwards to the World Bank. Step 2: Sort and Process All registered grievances will be transferred to the IP or PIU GRM Officer – either by the Hotline Operator, local personnel, or the Help Desk Officer. The GRM Officer will categorize the complaint. Worker-related grievances will be handed over to a workers’ GRM. Where grievances are of sexual nature, the focal point has to handle the case appropriately, and refer the case to the GBV reporting protocols and referral system, defined in the SEA/SH Action Plan. Dedicated training on how to respond to and manage complaints related to Sea/SH will be required for all GRM operators and relevant project staff. All reporting will limit information in accordance with the survivor’s wishes regarding confidentiality and in case the survivor agrees on further reporting, information will be shared only on a need-to-know-base, avoiding all information which may lead to the identification of MWRI Page 288 Draft ESMF for Climate Resilient Flood Management Project (CRFM) the survivor and any potential risk of retribution (see specific SEA/SH reporting form, Annex 3). Data on GBV cases recorded will only include the nature of the complaint (what the complainant says in her/his own words), whether the complainant believes the perpetrator was related to the project and additional demographic data, such as age and gender, will be collected and reported, with informed consent from the survivor. If the survivor does not wish to file a formal complaint, referral to available services will still be offered even if the complaint is not related to the project, that referrals will be made, the preference of the survivor will be recorded and the case will be considered closed. If the survivor provides informed consent, the grievance recipient should inform the GBV Specialist. The GBV Specialist at the PIU will inform the World Bank. The report will be on the anonymized incident as soon as it becomes known to the PIU. Data shared will include the nature of the allegation; if the alleged perpetrator is associated with the Project; the survivor’s age and sex’ and whether the survivor was referred to other services. The Project’s SEA/SH Action Plan has mapped all referral services in the different counties designated for interventions. The project team will keep an updated list available of these services. Step 3: Acknowledgement and Follow-Up: Referrals are a process through which the survivor gets in touch with professionals and institutions regarding her case. Services can include health, psycho-social, security and protection, legal/justice, and economic reintegration support. The grievance recipient will instantly provide the survivor with contacts of the available referral services in the respective area. If the survivor wishes for any assistance with transport or payment for services, the grievance recipient will provide allowances. Referral services are provided even in cases where the survivor opts to not pursue the case through the GRM or through legal channels. The grievance recipient explains to the survivor his or her right to control whether and how information about the case is shared with other entities as well as any implications of sharing information. The survivor will be informed about his or her right to place limitations on the type of information they want shared. The survivor’s consent must be documented. Step 4: Verify, Investigate and Act MWRI Page 289 Draft ESMF for Climate Resilient Flood Management Project (CRFM) The PIU GBV Specialist will be the key focal point for management of such grievances and concerns and will work closely with respective GBV Specialist counterparts at the IPs in the implementation of the SEA/SH Action Plan, which contains all information on the SEA/SH referral institutions. Once a case has been taken in by a GRM recipient, and informed consent of the survivor is obtained to proceed with the case, the case file will be submitted to the GBV Specialist. The GBV Specialist will first ensure that the survivor has been provided with all necessary GBV referral services, and will ensure that the survivor is in safety. Where the SEA/SH grievance was allegedly committed by a project worker, the grievance will be reported to the respective employer. The PIU GBV Specialist will follow up and determine jointly with the GRM Officer the likelihood that the allegation is related to the project. The GBV Specialist will follow up and ensure that the violation of the Code of Conduct is handled appropriately, e.g. the worker is removed from his or her position and employment is ended. The responsibility to implement any disciplinary action lies with the employer of the alleged perpetrator, in accordance with local labor legislation, the employment contract, and the code of conduct. The GBV Specialist will report back to the survivor on any step undertaken and the results. Where the survivor has opted to take a formal legal route, the PIU GBV Specialist will ensure that the survivor has all the support required to file a case at court. The GRM process will still proceed with the survivors’ consent. Ensuring due process is a matter of the formal justice system and not the grievance handlers. Unlike other types of issues, it is not part of the GRM’s remit to conduct investigations, to make any announcements, or to judge the veracity of an allegation. The GRM should refer the case to the domestic regulatory framework to process the case if the consent of the survivor is received. Since this project assumes a fully survivor-centered approach, no information can be passed on without the consent of the survivor. If the survivor does not wish for the case to be pursued, the survivor shall be offered access to referral services and the GRM Officer should note that the survivor did not wish for the case to be pursued, and the case is considered solved. Case closure requires a) the case has been referred to GBV service providers (if the survivor consented) for support and appropriate actions; and appropriate actions have been taken against MWRI Page 290 Draft ESMF for Climate Resilient Flood Management Project (CRFM) the perpetrator according to SEA mechanisms; b) the service provider has initiated accountability proceedings with the survivor’s consent. If the survivor does not want to launch a complaint with the employer, the case is closed. If the complaint proceeds, the case is reviewed by the PIU GBV Specialist and a course of action is agreed on with the respective employer. The alleged perpetrator’s employer takes agreed-on disciplinary action. Once the action is deemed appropriate by the GBV Specialist, the case is recorded as closed. Step 5: Monitor, Evaluate and Provide Feedback: All entities reporting on SEA/SH-related cases will ensure that reports do not contain any information with the potential of identifying survivors (including names of survivors, families and perpetrators). Furthermore, the grievance recipient needs to provide ongoing feedback to the survivor throughout the process. After conclusion of any investigation, the survivor must be informed first to determine whether the perpetrator can be informed and proposed sanctions against the perpetrator can be taken. GBV/SEA/SH Referral Pathway The PIU as well as IPs and contractors will use the existing GBV referral pathways. The GBV/SEA referral system will support survivors in receiving all necessary services they may choose, including medical, legal, counseling, and that cases are reported to the police with informed consent of the survivor. A survivor has the right to make an informed choice of services. The GBV Specialist should be able to provide comprehensive information about existing referral pathways. Referrals should always be safe, confidential, non-judgmental and respectful. When the survivor is referred, explanation on services available and which conditions apply should be thorough. For instance, there is a 72 hours time limit for post –Exposure Prophylaxis (PEP) in case of a sexual abuse survivor. Therefore, for the referral process, the sectors named below are needed for the functions listed: SEA/SH implementation roles and responsibilities MWRI Page 291 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Sectors Functions Be welcoming and understanding to the survivor's situation and Case care services (Counselor make the appropriate referral through the assistance; / Social Worker) Facilitate access to health services; Discuss the patient's social situation with health professionals; Monitor and stimulate the patient's health treatment Provide information on GBV referral services. Security and Police Protection Ensure protection and safety for survivors Services Guarantee an emergency response (through the complaints and emergencies hotline) for survivors Provide medical or psychological assistance in hospitals, clinics or health centers; Medical and psycological care Assess the survivor's needs and plan actions to meet the needs; services Provide information in regards to GBV, advice and awareness to survivors; Provide basic emotional support (counseling); Monitor the needs of the survivor. Investigative services police Investigate, advise and prosecute the perpetrator where applicable Provide legal advise Provide legal representation where applicable Legal Justice Service Social Protection Services Advise, shelter for case management and support systems; Facilitate referral to other services (security and other community support services). Protection Services for Protect, monitor and ensure safety of minors under 18 years old. Children Trafficking in Persons Provide reporting information about trafficking cases to the Services investigative services. (Detection / Reporting / Rescue) Provide basic emotional support (counseling); Community Services Monitor the needs of the survivor; Promote socialization and community integration Provide information about GBV. GBV survivors should be guided through these processes where they are applicable and to their preferences, as the they is most familiar with the circumstances. However, an interdisciplinary multi service process should ensure adequate support, safety and privacy for the victim is in place. The referral project begins at a first recipient (GBV Specialist) where it is necessary to determine the victim's age, underage victims need specialized support, then the victim receives the first follow-up, counseling and referral for the various services. MWRI Page 292 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Medical support, if necessary, subdivided into psychological assistance for victims of all types of violence so that they do not develop trauma resulting from GBV, and assistance to victims of physical aggression and victims of sexual violence where procedures are followed to deal with possible infections and pregnancy resulting from rape. As a next step, a legal process can be initiated against the perpetrator of the violence, if necessary, and the case is referred to the PIU that will initiate the reporting protocol mentioned above. In case the survivor is a child, the consent of parents or guardians should be sought where it is in the best interest of the child and if they are not the perpetrators. All service provider interventions to child survivors must be undertaken with staff trained in child-friendly procedures in regards to the handling of cases. A child survivor should continue to go to school while procedures are on-going and all efforts should be done to ensure her/his protection. In addition to this, all the above reporting and referral procedures should be applied. In this context, a child perpetrator is a boy or girl under 18 years of age who has allegedly committed an act of GBV against another person. In regards to child perpetrators, juvenile justice procedures apply. Child perpetrators should undergo rehabilitation and psycho-social counseling. The process for referring and addressing SEA/SH complains: Fill out the GBV complaints form (see Annex D). Share the form with the PIU, who will then make a decision about further investigation. The Incident Notification Form will be further refined by the PIU GBV Specialist. Provide accurate information about where to receive assistance e.g. medical/clinical, legal, psychosocial support (address, phone number). Establishing the appropriate procedure including the need for medical examination of the victim and the perpetrator where possible (Clinical Management of Rape preferably must take place within 72 hours from the incident). Follow up on Sea/SH Cases and victims to ensure the survivor accesses appropriate services. MONITORING AND SUPERVISION ACTION PLAN MWRI Page 293 Draft ESMF for Climate Resilient Flood Management Project (CRFM) The PIU GBV Specialist will monitor the implementation of this SEA/SH Action plan. The GBV Specialist will also undertake quarterly reviews of this Action Plan with a focus on: ✓ Ensuring that all activities proposed by the IPs have been undertaken and/or are on track ✓ Monitoring and reporting on the effectiveness of the implementation of the SEA/SH Action Plans. ✓ Reporting on progress on all activities and re-assessment of risks, monitoring of the situation as appropriate. Non-compliance: Where quarterly reviews identify non-compliance with the SEA/SH Action Plan, the matter will be reported to the PIU Project Manager. The Project Manager and the GBV Specialist will then seek clarification from the respective IP or contractor and jointly develop a corrective action plan. Serious cases can lead to the termination of contract with the contractor. The PIU will monitor that the SEA/SH sessions for IPs and contractors regarding the Code of Conduct obligations and awareness raising activities to the community are in place. SEA/SH sessions will take place during kick-off meetings with each contractor as well as monthly for IPs and selected contractors. The information gathered will be monitored and reported to the World Bank on a quarterly basis. The table below specific indicators that will be monitored for this Action Plan. These indicators can be further refined by the PIU GBV Specialist. Monitoring and evaluation indicators Sector Prevention Response # of mitigation measures included # of survivors of GBV accessing in the ESMPs. counseling services disaggregated by GBV General vulnerability List of GBV service providers available and working to attend # of SEA/SH cases taken care of within the GBV cases (disaggregated by deadline location and type of service) # of cases of SEA/SH % of cases of violence, GBV and sexual abuse addressed through the Referral Pathway Mechanism MWRI Page 294 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Sector Prevention Response # of sub-project areas with quality response services for survivors (case management, medical, legal, and psychosocial support) Awareness and # of GBV /SEA/SH communication sensibilization/awareness campaign sessions organized per month # of people sensitized (men & women) on the prevention of SEA/SH per month # of meetings with the community to share information about the sub- project and the content of the CoC IPs and % of women and girls interviewed % of SEA/SH victims reported by IPs and contractors during the design of flood risk address through the referral system management infrastructure planning and design # of IP/contractors’ workers who have signed the CoC # of trainings on CoC for contractors. # of inductions conducted by IPs by the PIU # of IP training materials reviewed by GBV Specialist # of IPs including a provisional sum for referral pathways # of pre-bid conferences held where SEA/SH requirements are explained Coordination PIU GBV Specialist hired Number of coordination meetings with relevant Ministries and GBV sub-cluster MWRI Page 295 Draft ESMF for Climate Resilient Flood Management Project (CRFM) ESTIMATED BUDGET FOR THE IMPLEMENTATION OF THE ACTION PLAN The table (i) below presents an initial estimation of the cost of the SEA/SH Action Plan. Estimated budget Components Estimated Cost (in USD) Strengthen institutional capacity for SEA/SH 100.000 Prevention, capacity building and 100.000 communication on SEA/SH for IPs, contractors, suppliers and communities GBV requirements in tender processes included in staff time Conduct GBV risks assessments at project sites 50.000 Strengthening GBV service provision 150.000 SEA/SH reporting protocol & referral pathways 100.000 Monitoring and supervision of the Action Plan 50.000 Total 550.000 ORGANIZATIONS WORKING ON GBV PER STATE The tables below present an initial mapping of GBV services by non-state actors. However, this table will need to be updated once project locations are known. GBV Activities per region Region Activity Organizatio n Bahr el Ghazal Northern Bahr el Ghazal Family protection centers (Malualkon) UNFPA One stop center (expanding to Aweil58) Aweil Civil Hospital/American Refugee Committee Western Bahr el Ghazal Humanitarian hubs with prepositioned supplies (Wau) UNFPA One stop center (Wau) UNFPA Psychosocial support for survivors of sexual violence DRC 58 Information from the SSSP meeting with GBV sub cluster members held on 11th February. MWRI Page 296 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Lakes Family protection centers (Rumbek) UNFPA One stop center UNFPA Psychosocial support for survivors of sexual violence ICRC Warrap Transforming lives and preventing violence programme UNICEF Integrated Mobile Teams59 (Twic) DRC Capacity building on GBV basis and response to GBV, update of referral pathways. A GBV assessment (Twic) GBV WG Equatoria Western Equatoria Central Equatoria Campaign to address harmful social norms at the root of Active Youth GBV through individual behavior change and community Agency and awareness approaches. (Juba) IOM Family protection centers (Juba), Humanitarian hubs with UNFPA prepositioned supplies Transforming lives and preventing violence programme (Juba) UNICEF Legal aid clinics for IDPs on Land and housing. UNHCR Dignity kits (200) and counseling and referrals for women (Lobonok) AYA, IOM Juba Teaching Hospital Eastern Equatoria Training on Interagency GBV Case Management Guidelines IOM for GBV and Child Protection agencies in Kapoeta Greater Upper Nile Jongley Transforming lives and preventing violence programme. UNICEF Integrated protection Mobile Teams DRC Unity Upper Nile Humanitarian hubs with prepositioned supplies UNFPA One stop Center (Malakal) UNFPA Psychosocial support for survivors of sexual violence (Malakal) ICRC International Medical Corps GBV/SEA REQUIREMENTS FOR BIDDING AND EXECUTION OF CONTRACT 59 Protection Cluster, July 2019. MWRI Page 297 Draft ESMF for Climate Resilient Flood Management Project (CRFM) The contractor shall adopt and implement an SEA/SH Action plan for the works to be carried out and shall prepare the workplan considering relevant provisions of the ESMP. Help can be requested from the PIU GBV specialist. The contractor shall attend pre-bidding information sessions on SEA/SH prevention and response. The contractor shall maintain status on site after completion of civil works to ensure that significant adverse impacts arising from such works have been appropriately addressed. The contractor shall adhere to the proposed SEA/SH Action Plan implementation schedule and the monitoring plan to ensure effective feedback of monitoring information to project management is provided and that impact management can be implemented properly. PIU will designate the GBV Specialist to oversee compliance with the SEA/SH Action Plan. The contractor shall comply with directives from the GBV Specialist to implement measures required. If the Contractor fails to implement the SEA/SH Action Plan within the stipulated time, it shall be liable and made accountable in accordance with the rules and regulations of South Sudan. The contractor shall prepare a monthly progress report to the PIU on compliance with the SEA/SH Action Plan. The contractor shall provide sufficient training to his own workers to ensure that everyone is aware of the specifications of the SEA/SH Action Plan, and is able to fulfil expected roles and functions. The contractor shall comply with all relevant South Sudanese laws and regulations relating to gender equality and GBV. MWRI Page 298 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Annex J: List of Virtual Stakeholder Consultation Participants S/N Names Position Institution Telephone Email address contact 01 John Ater DG for Wetlands Ministry of 0928880140 Dhalbeny08@gmail.com & Biodiversity Environment and Forestry 02 Woul Domach Deng Ag/D OHS Ministry of Labor 0922896669 domachwoul20019@gmail.c om 03 Garang Kuac Mathiang Director Ministry of Youths 0922829258 None and Sports 04 Jane Tumalu Ersato Ministry of Gender 0922325332 janeerasto24@gmail.com 05 Francis Ladu Louis State Ministry of 0922131312 ladulaku2@gmail.com Housing, Land and Urban Utility 06 Eng. Yambio Joel Ministry of Energy 0920330685 yambio761@gmail.com Abatho and Dams 0922259235 07 Eng. Zachariah Idris Inspector of ,Ministry of 0922183339/ abdallahzakria@gmail.com Abdallah Agricultural Agriculture and 0917700227 Engineering Food Security 08 Jackson Muso DG Ministry of 0911103035 mogga.jackson@yahoo.com Livestock and Fisheries Table 8 National and sub-national stakeholder consultations MWRI Page 299 Draft ESMF for Climate Resilient Flood Management Project (CRFM) MWRI Page 300 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Figure 6 Maban field visit and consultations, Sept 2022 MWRI Page 301 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Annex K : ToR for ESMP REPUBLIC OF SOUTH SUDAN MINISTRY OF WATER RESOURCES AND IRRIGATION SOUTH SUDAN CLIMATE RESILIENT FLOOD MANAGEMENT (CRFM) PROJECT TERMS OF REFERENCE (TOR) FOR PREPARATION OF AN ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP) MWRI Page 302 Draft ESMF for Climate Resilient Flood Management Project (CRFM) TABLE OF CONTENTS 1. BACKGROUND ........................................................................................................................................ 304 2. OBJECTIVES OF THE CONSULTANCY SERVICE .......................................................................... 304 3. SCOPE OF WORK.................................................................................................................................... 305 3.1. General ................................................................................................................................................. 305 3.2. Introduction .......................................................................................................................................... 305 3.3. Project Description............................................................................................................................... 305 3.4. Environmental & Social Impacts Identification & Mitigation ............................................................. 306 3.5. Monitoring ........................................................................................................................................... 307 3.6. Capacity Development and Training ................................................................................................... 307 3.7. Implementation Schedule and Cost Estimate ....................................................................................... 308 3.8. Integration of ESMP with the Project .................................................................................................. 308 4. DELIVERABLES ...................................................................................................................................... 308 5. TIMELINE OF THE CONSULTANCY SERVICE ............................................................................... 308 6. CONSULTANT’S TEAM AND QUALIFICATIONS ............................................................................ 308 ANNEXURE ANNEX 1 INDICATIVE OUTLINE FOR ENVIRONMENTAL & SOCIAL MANAGEMENT PLAN (ESMP)........................ 311 ANNEX 2 INDICATIVE TEMPLATE FOR ENVIRONMENTAL & SOCIAL MANAGEMENT PLAN................................... 312 ANNEX 3 INDICATIVE TEMPLATE FOR ENVIRONMENTAL & SOCIAL MONITORING PLAN ..................................... 312 MWRI Page 303 Draft ESMF for Climate Resilient Flood Management Project (CRFM) 1. BACKGROUND The government of South Sudan through the Ministry of Energy and Dams (MoED), South Sudan Electricity Corporation (SSEC), the Ministry of Financing and Planning (MoFP), and other implementing institutions is planning to implement the South Sudan Energy Access Project. The objective of the proposed project is to increase access to electricity services for households, refugee host communities, health and educational facilities and strengthen the institutional capacity of the energy sector in South Sudan with the support of World Bank. The project will provide additional 16,000 connections to the Juba power distribution system through densification of the existing grid, out of which 10,000 will be connected from 24 existing idle transformers. Also, network strengthening (intensification) will be undertaken for an additional 15,000 connections that will be extended to major IDP camps in Juba. The refugee host communities such as Pariang in Ruweng administrative area and the refugee camps, particularly, in Maban and/or Jamjang will get energy access from mini grid project. The off-grid electrification supports a total of 1,654 health facilities and 5,580 educational facilities to get electrification access. The South Sudan Energy Access Project will contain four components, which are (1) Juba isolated grid extension/densification, (2) construction mini grid pilots in Jam Jang or Maban, (3) off-grid electrification through standalone dollar systems and (4) technical assistance and capacity building. The lead responsibility for the overall coordination and implementation of the project lies on steering committee of MoED, SSEC and MoFP under which a Project Implementation Unit (PIU) will be established. The United Nations High Commissioner for Refugees (UNHCR) and public facilities are anchor customers and implementation partners on Component 2. The Component 3 will be implemented through a combination of public and private sector led approaches with a focus on efficient delivery channels to ensure long-term sustainability of installed systems. The project infrastructure investments (subprojects) will have adverse environmental and social risks including (i) impacts on the biophysical environment, (ii) occupational health and safety impacts, (iii) community health and safety impacts, and (iv) social impacts. Thus, to avoid, minimize, mitigate, and offset potential adverse impacts and to enhance positive impacts of the project, different types of environmental and social instruments will be prepared, among which are Environmental and Social Management Plans (ESMPs). 2. OBJECTIVES OF THE CONSULTANCY SERVICE The technical services of an independent environmental and social consultant (“Consultant”) is required to prepare an Environmental and Social Management Plan (ESMP) for the South Sudan Energy Access Project Infrastructure Investment/Subproject (“Project”). The main objectives of the consultancy service are: ➢ To identify the environmental and social impacts due to project implementation and operation. ➢ To analyze, evaluate, and recommend measures to avoid, minimize, mitigate, and compensate/offset potential environmental and social impacts of the project so that it complies with the national, international, and World Bank’s legislations, policies and frameworks. ➢ To prepare environmental and social management and monitoring plans for implementation and operation phases of the project. MWRI Page 304 Draft ESMF for Climate Resilient Flood Management Project (CRFM) 3. SCOPE OF WORK 3.1 GENERAL In general, the Consultant will perform the following key tasks as part of the Environmental and Social Management Plan (ESMP) preparation of the South Sudan Energy Access Project: ➢ Describe the South Sudan Energy Access Project infrastructure investment/subproject including its main components, ancillary components/facilities, resources input, and outputs/produces. ➢ Identify project adverse environmental and social impacts and propose mitigation measures based on the mitigation hierarchy. ➢ Develop an environmental and social monitoring plan based on the mitigation plan developed. ➢ Assess the capacity of the implementing institution and recommend capacity development and training plan. ➢ Prepare implementation schedule and cost estimate for the ESMP implementation. The details of the various activities of the ESMP are described in the below sections. 3.2 INTRODUCTION ➢ The following key aspects of the South Sudan Energy Access Project should be defined and described. ➢ The Project (the South Sudan Energy Access Project) background/context ➢ The specific project infrastructure investment/subproject background/context ➢ Rationale for the project infrastructure investment ➢ The objectives of the ESMP ➢ The scope of the ESMP ➢ Approach/methodology of the ESMP, and ➢ The structure of the ESMP report. 3.3 PROJECT DESCRIPTION The CRFM Project infrastructure investment/subproject shall be described briefly including the following (but not limited to): ➢ The location of the infrastructure investment/subproject (geographic and administrative locations) ➢ Specific site location and key baseline conditions ➢ Accessibility of the site ➢ The project intervention design and its main components/features ➢ Construction materials used for construction of various components of the project including sources of the construction materials (market or own source) ➢ Machineries to be used during construction and operation of the project ➢ Energy consumption for the project ➢ Waste generated by the project ➢ Human resources requirements during implementation and operation phases MWRI Page 305 Draft ESMF for Climate Resilient Flood Management Project (CRFM) ➢ Project implementation activities (during pre-construction, construction, and operation/maintenance stages) ➢ Project standard and regulatory requirements that should be maintained/satisfied ➢ Project implementation schedule. 3.4 ENVIRONMENTAL & SOCIAL IMPACTS IDENTIFICATION & MITIGATION As part of the ESMP preparation, the project adverse risks and impacts shall be identified including (but not limited to) the following: i. Environmental ➢ Air emissions/fugitive dust and ambient air quality impacts ➢ Impact on water quality ➢ Noise and vibration impacts ➢ Impacts of waste generation and disposal ➢ Polychlorinated biphenyls (PCBs) and SF6 impacts ➢ Impact of hazardous waste ➢ Impact due to non-hazardous waste ➢ Impact of loss of soil and land degradation ➢ Impact due to clearing of vegetation cover and disturbance of habitat ➢ Impact of biodiversity loss ➢ Bird strikes/collusions and electrocution ➢ Health effects of electromagnetic fields (EMF) ➢ Visual impacts ii. Occupational health and safety Physical hazards including (i) rotating and moving equipment/machineries, (ii) noise and vibration, (iii) electrical hazard, (iv) eye hazards due to flying debris, (v) hazards from hot works, (vi) traffic accidents from the site traffic and offsite movements of project vehicles/trucks, (vii) work-at-height, (viii) excavation hazards, (ix) ergonomics, repetitive motion, manual handling, (x) working environment temperature and illumination, (x) poor housekeeping, slip, trip, fall ➢ Chemical hazards including (i) poor air quality, (ii) fire and explosions, (iii) hazardous chemical ➢ Biological hazards including (i) exposure to wastewater, (ii) transmittable diseases/infections ➢ Special hazard environments such as (i) confined space, (ii) lone and isolated worker iii. Community health and safety ➢ Water quality and availability ➢ Structural safety of project interventions ➢ Fire risk ➢ Traffic risk ➢ Risk from hazardous materials/wastes during transport and disposal ➢ Transmittable disease and public health impact MWRI Page 306 Draft ESMF for Climate Resilient Flood Management Project (CRFM) iv. Social ➢ Social conflicts/dissatisfaction on services ➢ Conflict between local and migrant workers ➢ Labor influx ➢ Impact on child labor and young worker v. Risks related to development and operation of ancillary facilities (if any). The ESMP shall identify measures and actions in accordance with the mitigation hierarchy that reduce the potential adverse environmental and social impacts to acceptable levels. The plan will include compensatory measures, if applicable. Specifically, the ESMP shall: ➢ Identify and summarize all anticipated adverse environmental and social impacts (including those involving indigenous people or involuntary resettlement). ➢ Describe, with technical details, each mitigation measure, including the type of impact to which it relates and the conditions under which it is required (e.g., continuously or in the event of contingencies), together with designs, equipment descriptions, and operating procedures, as appropriate. ➢ Estimates any potential environmental and social impacts of these measures. ➢ Takes into account, and consistent with, other mitigation plans required for the project (e.g., for involuntary resettlement, indigenous peoples, or cultural heritage). A management plan shall be developed to implement the ESMP. An indicative template for the environmental and social management plan is included in Annex 2. 3.5 MONITORING The ESMP shall identify monitoring objectives and specifies the type of monitoring, with linkages to the impacts assessed in the environmental and social assessment and the mitigation measures described in the ESMP. Specifically, the monitoring section of the ESMP provides (a) a specific description, and technical details, of monitoring measures, including the parameters to be measured, methods to be used, sampling locations, frequency of measurements, detection limits (where appropriate), and definition of thresholds that will signal the need for corrective actions; and (b) monitoring and reporting procedures to (i) ensure early detection of conditions that necessitate particular mitigation measures, and (ii) furnish information on the progress and results of mitigation. An indicative template for the E&S monitoring plan is included in Annex 3. 3.6 CAPACITY DEVELOPMENT AND TRAINING To support timely and effective implementation of environmental and social project components and mitigation measures, the ESMP shall draw on the environmental and social assessment of the existence, role, and capability of responsible parties on site or at the agency and ministry level. Specifically, the ESMP shall provide a specific description of institutional arrangements, identifying which party is responsible for carrying out the mitigation and monitoring measures (e.g., for MWRI Page 307 Draft ESMF for Climate Resilient Flood Management Project (CRFM) operation, supervision, enforcement, monitoring of implementation, remedial action, financing, reporting, and staff training). To strengthen environmental and social management capability in the agencies responsible for implementation, the ESMP shall recommend the establishment or expansion of the parties responsible, the training of staff and any additional measures that may be necessary to support implementation of mitigation measures and any other recommendations of the environmental and social assessment. 3.7 IMPLEMENTATION SCHEDULE AND COST ESTIMATE For all three aspects (mitigation, monitoring, and capacity development), the ESMP shall provide (a) an implementation schedule for measures that must be carried out as part of the subproject, showing phasing and coordination with overall project implementation plans; and (b) the capital and recurrent cost estimates and sources of funds for implementing the ESMP. These figures shall also be integrated into the total project cost tables. 3.8 INTEGRATION OF ESMP WITH THE PROJECT Each of the measures and actions in the ESMP to be implemented shall be clearly specified, including the individual mitigation and monitoring measures and actions and the institutional responsibilities relating to each, and the costs of doing so shall be integrated into the subproject’s overall planning, design, budget, implementation, and operation. 4. DELIVERABLES The documents to be prepared as output of the consultancy service are Draft and Final Environmental and Social Management Plans (ESMP). Detailed description and contents of the reports are presented in the below sections. The deliverables shall be produced in English. The Consultant should prepare the draft and final versions of the ESMP to the desired and acceptable quality to avoid several iterations of the plan. 5. TIMELINE OF THE CONSULTANCY SERVICE The table below summarizes the timeline of the consultancy service. Deliverable Timeline* 4 weeks from the signing of the 1 Draft Environmental and Social Management Plan contract 1 week after receiving comments on 2 Final Environmental and Social Management Plan the Draft ESMP *From contract effective date 6. CONSULTANT’S TEAM AND QUALIFICATIONS MWRI Page 308 Draft ESMF for Climate Resilient Flood Management Project (CRFM) The Consultant’s team shall be comprised of an Environmental Specialist and a Social Specialist. The qualifications and input of the Consultant’s team are indicated in the table below. Input Consultant Qualifications (workdays) Master’s (or above) in a field relevant to environment studies such as environmental science, environmental engineering, etc … At least 10 years of experience in environmental assessment, management, monitoring, and audit Experience in preparation of Environmental and Social Impact Assessment (ESIA), Environmental and Social Management Plan (ESMP), Environmental and Environmental Social Monitoring Plan, Environmental Audit, and 1 other related documents, preferably for large-scale 25 Specialist development partner funded infrastructure projects Knowledge on country legal and institutional framework Work experience in/with World Bank funded projects and knowledge of the World Bank ESF provisions/requirements Fluency in English, particularly in written and spoken English Master’s (or above) in a field relevant to socio- economic studies such as sociology, social science/studies, anthropology, community development, gender studies, etc, At least 10 years of experience in social assessment, management, monitoring, and audit 2 Social Specialist Experience in preparation of Environmental and 25 Social Impact Assessment (ESIA), Environmental and Social Management Plan (ESMP), Environmental and Social Monitoring Plan, Social Audit, Resettlement Plan (RP), Stakeholder Engagement Plan (SEP), and other related documents, preferably for large-scale development partner funded infrastructure projects Knowledge on country/ regional legal and MWRI Page 309 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Input Consultant Qualifications (workdays) institutional framework Experience in conducting stakeholder engagement Work experience in/with World Bank funded projects and knowledge of the World Bank ESF provisions/requirements Fluency in English, particularly in written and spoken English MWRI Page 310 Draft ESMF for Climate Resilient Flood Management Project (CRFM) ANNEX 1 Indicative Outline for Environmental & Social Management Plan (ESMP) EXECUTIVE SUMMARY 1. INTRODUCTION ✓ Project Background/Context ✓ Rationale of the Project Infrastructure Investment ✓ Objectives and Scope of the ESMP ✓ Approach/Methodology of the ESMP ✓ Structure of the ESMP 2. PROJECT DESCRIPTION ✓ The Project Infrastructure Investment ✓ Project Implementation Activities ✓ Project Implementation Schedule 3. ENVIRONMENTAL AND SOCIAL IMPACTS AND MITIGATION MEASURES 3.1 Beneficial/Positive Environmental and Social Impacts and Mitigation Measures 3.2 Adverse/Negative Environmental and Social Impacts and Mitigation Measures 3.2.1 Environmental 3.2.2 Occupational Health and Safety 3.2.3 Community Health and Safety 3.2.4 Social 4. ENVIRONMENTAL AND SOCIAL MANAGEMENT AND MONITORING PLANS 4.1 Environmental and Social Management Plan (ESMP) 4.2 Environmental and Social Monitoring Plan 5. CAPACITY DEVELOPMENT AND TRAINING 6. IMPLEMENTATION SCHEDULE AND COST ESTIMATES 6.1 Implementation Schedule 6.2 Mitigation and Monitoring Cost Estimates 7. INTEGRATION OF ESMP WITH THE PROJECT MWRI Page 311 Draft ESMF for Climate Resilient Flood Management Project (CRFM) ANNEX 2 Indicative Template for Environmental & Social Management Plan Institutio nal Responsi Location Potential Proposed bilities Success of Frequency Cost Project Project Environme Mitigation (incl. Indicator Mitigation of Estima Phases Activity ntal / Social Measure(s enforcem (s) Measure(s Mitigation tes Impacts ) ent ) and coordina tion) Pre- construction Phase Construction Phase Operation and Maintenance Phase ANNEX 3 Indicative Template for Environmental & Social Monitoring Plan Responsi Measurem Potential Paramete bilities ents Monito rs Frequency Proposed Environ of (incl. ring Project Mitigation (incl. mental / to be Location review Cost Phases methods & Social Measurem and Estimat Measure(s) Monitore ent e equipment Impacts d reportin ) g) Pre- construction Phase Construction Phase Operation and Maintenance Phase MWRI Page 312 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Annex L : ToR for Preliminary ESA (For E&S considerations during feasibility study) REPUBLIC OF SOUTH SUDAN MINISTRY OF WATER RESOURCES AND IRRIGATION SOUTH SUDAN CLIMATE RESILIENT FLOOD MANAGEMENT (CRFM) PROJECT TERMS OF REFERENCE (TOR) FOR PRELIMINARY ENVIRONMENTAL AND SOCIAL ASSESSMENT 1. Background South Sudan has many plains and plateaus that are drained by the Nile and its numerous tributaries. The Country is endowed with substantial water resources, mostly from the Nile River (White Nile and Blue Nile), its tributaries and aquifers. South Sudan’s complex hydrology influences flood hazard across the country. Seasonal flooding mainly occurs between July and September, when heavy rains fall in many parts of the country, especially in the eastern region, and in the African Great Lakes region, leading to the flooding of the Nile River tributaries. Extensive seasonal flooding occurs particularly around the Sudd wetlands, along the White Nile and the Machar marshes, and along the Sobat River in the Greater Upper Nile region, when many parts of the country are left under water. Flooding is an annual occurrence in South Sudan and causes large swaths of pastureland and cropland to be submerged, resulting in food insecurity. Such flooding also acts as a source of conflict between communities: when pastoralists move their herds, they encounter other communities whose lands have not been flooded without having received proper permission for access, which often results in conflicts as each community tend to protect their pastureland or crops. The South Sudan Climate Resilient Flood Management (CRFM) project aims to strengthen national and sub-national institutions, to better manage water resources for climate adaptation and support climate resilient flood risk management in select river sub-basins. With a focus on sub-basin level interventions in flood management and establishment of the information and institutional basis for long-term water resources management for climate adaptation, the project complements existing efforts aimed at flood risk mitigation through the Enhancing Community Resilience and Local Governance Project – Phase II (ECRP II) as well as those of other humanitarian and development partners. The project development objective (PDO) of the CRFM project is to improve climate resilient water resources management and enhance resilience to floods in select river basins in South Sudan. The CRFM project will be financed by the International Development Association (IDA) with a total grant amount of 50 million USD. The project will be implemented for five years from 2023 to 2028 G.C. The CRFM project will finance feasibility studies, environmental and social impact assessments, and engineering designs for flood management infrastructure in targeted river sub-basins. The project will finance rehabilitation of existing flood management structures to ensure structural integrity, safety and enhance functionality in the context of climate change, as well as new constructions. A preliminary typology of flood management solutions includes embankments/dikes, infiltration basins and wetlands restoration. Infrastructure in need of rehabilitation and reinforcement will be identified in dialogue with the affected communities and local government to ensure that works respond to needs and priorities, minimize downstream impacts, and maximize opportunities for sustainable operation and maintenance of the structures. MWRI Page 313 Draft ESMF for Climate Resilient Flood Management Project (CRFM) The project investments will pose several adverse environmental and social risks and the potential E&S risks will be further exacerbated unless (a) appropriate scoping is undertaken; (b) adequate screening methods are established, , , and a comprehensive environmental and social assessment is prepared prior to the start of project works, that is based on robust baseline data and proposed mitigation and monitoring measures suited to country and project context. . As such, this Terms of Reference (ToR) is prepared for integrating the preliminary E&S assessment into the feasibility study. 2. Objectives In addition to the technical, economic, and financial analysis, the preliminary environmental and social assessment shall be part of the overall objective of the feasibility study. The aim of this assessment is, therefore, to provide an initial description of environmental and social conditions around the project location, establish legal and institutional framework against which the project will be implemented, identify the potential environmental and social risks and impacts, recommend mitigation and monitoring measures, and identify E&S instruments required for the identified project investments in accordance with relevant national frameworks and the World Bank’s ESF, as well as its cost estimation. 3. Applicable National Framework and World Bank Environmental and Social Framework (ESF) The preliminary environmental and social assessment should include a review or screening of the relevant national legislations and World Bank Environmental and Social Framework (ESF) that are applicable to the project. The following lists summarize the key national legal frameworks and World Bank’s ESF relevant to the project. National environmental and social legislations related to the project: • Environment Policy of South Sudan, 2010 • The Water Policy • The South Sudan Forest Policy (2012) • The Agriculture Policy Framework (2012 - 2017) • The National Gender Policy (2012 – 2017) • South Sudan Draft Environmental Protection Bill (2013) • The Public Health (Water and Sanitation) Act (2008) • The Land Act of 2009 (State of Southern Sudan) • The Labor Act (Act No. 64 of 2017) • The Wildlife Conservation and National Parks Act. World Bank ESF: Standard Highlights ESS1 - Assessment and • Types of environmental and social risks and impacts that should Management of Environmental be considered in the environmental and social assessment and Social Risks and Impacts • To adopt the mitigation hierarchy approach: anticipate and avoid risks and impacts, when avoidance is not possible, minimize or reduce risks and impacts to acceptable levels. Once risks and impacts have been minimized or reduced, mitigate, and where significant residual impacts remain, compensate for or offset them, where technically and financially feasible. MWRI Page 314 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Standard Highlights • To improve and promote environmental and social performance that recognize and enhance the Government’s capacity. • Adoption of differentiated measures so that adverse impacts do not fall disproportionately on the disadvantaged or vulnerable and they are not disadvantaged in sharing development benefits and opportunities resulting from the project. • Clear definition of “project” and “Associated Facilities” and how the scope of application. • The use and strengthening of the Government’s environmental and social framework for the assessment, development and implementation of World Bank financed projects where appropriate. • A Common Approach, where the World Bank is jointly financing a project with other development partners. • An Environmental and Social Commitment Plan (ESCP), developed in agreement with the World Bank, which sets out a summary of the material measures and actions for risk and impact mitigation and monitoring. • Emphasis on non-discrimination and inclusion. ESS2 - Labor and Working • Promotion of safety and health at work in line with the World Conditions Bank Group’s Environmental, Health, and Safety Guidelines (EHSG), fair treatment, non-discrimination, and equal opportunity of project workers. • Protection of project workers, including vulnerable workers such as women, persons with disabilities, children (of working age, in accordance with the ESS 5) and migrant workers, contracted workers, community workers and primary supply workers, as appropriate. • Prevention of the use of all forms of forced labor and child labor. • Support for the principles of freedom of association and collective bargaining of project workers in a manner consistent with national law. • Provisions of accessible means to raise workplace concerns to project workers. ESS3 - Resource Efficiency and • Requires technically and financially feasible measures to Pollution Prevention and improve efficient consumption of energy, water, and raw Management materials, and introduces specific requirements for water efficiency where a project has high water demand. • Avoidance and minimization of adverse impact on human health and the environment by avoiding or minimizing pollution from project activities. • Requires an estimate of gross greenhouse gas emissions resulting from project (unless minor), where technically and financially feasible. • Requirements on management of wastes, chemical and MWRI Page 315 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Standard Highlights hazardous materials, and contains provisions to address historical pollution. • Requires management of pesticides, preferring integrated pest management (IPM) and integrated vector management (IVM), and where pesticides are necessary, minimizing risks to human health and the environment. • The standard refers to national law and Good International Industry Practice, in the first instance the world Bank EHSGs. ESS4 - Community Health and • Requirements related to infrastructure, taking into account Safety safety and climate change, and applying the concept of universal access, where technically and financially feasible. • Anticipation and avoidance of adverse impact on affected community’s health and safety from project activities throughout the cycle, including the routines and non-routine activities. • Requirements on traffic and road safety, including road safety assessments and monitoring. • Addresses risks arising from impacts on provisioning and regulating ecosystem services. • Measures to avoid or minimize the risk of water-related, communicable, and non-communicable diseases. • Requirements to assessment risks associated with security personnel, and review and report unlawful and abusive acts to relevant authorities. • Measures to avoid and prevent Sexual Exploitation and Abuse (SEA) and Violence Against Children (VAC), as well as prevent Sexually Transmitted Infections (STI) and HIVAIDS. ESS5 – Land Acquisition, • Applies to permanent or temporary physical and economic Restrictions on Land Use and displacement resulting from different types of land acquisition Involuntary Resettlement and restrictions on access. • Avoidance of involuntary resettlement to the extent possible, or when unavoidable, minimize involuntary resettlement by exploring project design. • Avoidance of forced eviction. • Provisions of timely compensation for loss of assets at replacement costs, assistance to displaced persons in their efforts to improve, or at least restore their livelihoods and living standards, in real terms, to pre-displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. • Efforts to improve living conditions of poor and vulnerable persons who are physically displaced through provisions of adequate housing, access to services and facilities and security of tenure. • Resettlement as sustainable development programs, providing sufficient investment resources to enable displaced persons to MWRI Page 316 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Standard Highlights benefit directly from the project, as the nature of the project may warrant. • Provisions of appropriate disclosure of information, meaningful consultation, and informed participation of those affected. ESS6 – Biodiversity • Definitions and requirements for modified habitats, natural Conservation and Sustainable habitats and critical habitats. Management of Living Natural • Requirements for projects affecting areas that are legally Resources protected, designated for protection or regionally/internationally recognized to be of high biodiversity value. • Protection and conservation of biodiversity habitats and promote sustainable management of living natural resources, including primary production and harvesting, distinguishing between small-scale and commercial activities. • Provisions for avoiding introduction of and managing the impacts of invasive alien species. • Provisions relating to animal husbandry practices in large-scale commercial farming. • Requirements relating to primary suppliers, where a project is purchasing natural resource commodities, including food, timber, and fiber. ESS7 – Indigenous • Applies when Indigenous people are present or have a Peoples/Sub-Saharan African collective attachment to the land, whether they are affected Historically Underserved positively or negatively and regardless of economic, political, Traditional Local Communities or social vulnerability. • Efforts to ensure that project respect human rights, dignity, aspirations, culture, identity, and natural resource-based livelihoods of Indigenous Peoples. • Avoidance of adverse impact of projects on Indigenous peoples, when avoidance is not possible, efforts to minimize, mitigate and/or compensate for such impacts must be in place. • Promotion of sustainable development benefits and opportunities for Indigenous Peoples in a manner that is accessible, culturally appropriate and inclusive. • On-going relationship based on meaningful consultation with Indigenous Peoples throughout the project’s life cycle. • Free, Prior and Informed Consent (FPIC) for three circumstances resulting in adverse impacts on Indigenous Peoples (i.e., adverse impacts on land and natural resources, relocation of Indigenous Peoples, and significant impacts to cultural heritage). • Recognition, respect and preservation of culture, knowledge and practices of Indigenous Peoples and provisions of an opportunity to adapt to changing conditions in a manner and in a timeframe acceptable to Indigenous Peoples. ESS8 - Cultural Heritage • Covers both tangible and intangible cultural heritage; Tangible cultural heritage may be located in urban or rural settings, be MWRI Page 317 Draft ESMF for Climate Resilient Flood Management Project (CRFM) Standard Highlights above or below land or under water, and includes natural features and landscapes; intangible cultural heritage includes practices, representations, expressions, knowledge, and skills Protection of cultural heritage from adverse impact of project activities and efforts to support its preservation. • Recognition of cultural heritage as an integral aspect of sustainable development. • Promotion of meaningful consultations regarding cultural heritage. • Promotion of fair and equitable sharing of benefits from the use of cultural heritage. ESS10 – Stakeholder • Requires stakeholder engagement throughout the project Engagement and Information lifecycle, and preparation and implementation of a Stakeholder Disclosure Engagement Plan (SEP) and constructive relationship with stakeholders, in particular, project affected parties. • Promotion of effective and inclusive means of engagement with project-affected stakeholders throughout project lifecycle that could potentially affect them. • Requires early identification of stakeholders, both project affected parties and other interested parties, and clarification on how effective engagement will take place. • Stakeholder engagement to be conducted in a manner proportionate to the nature, scale, risks, and impacts of the project, and appropriate to stakeholders’ interests. • Requirements for appropriate disclosure of project information on environmental and social risks and impacts in a timely, understandable, and appropriate manner and format. • An inclusive, accessible, and responsive grievance mechanism, accessible to all project-affected parties, and proportionate to project risks and impacts. 4. Scope of Work The minimum scope of work for the preliminary environmental and social assessment includes: i. Identify relevant good international industry practice, including international standards of best practice applicable to the assessment and management of risks and impacts related to the proposed infrastructure investments. ii. Review and analysis of national legal and institutional frameworks for environmental and social management, including but not limited to those listed under Section 3 above, obligations under domestic law and relevant good international industry practice, on environmental permits/clearance, waste management, pollution control, land acquisition, resettlement, and stakeholder engagement that are applicable to the identified infrastructure investments. iii. Define the planned flood management interventions, including options/alternatives under consideration, in coordination with the technical team; in terms of locations, designs, MWRI Page 318 Draft ESMF for Climate Resilient Flood Management Project (CRFM) components, land requirement, resources utilization (manpower, equipment, construction materials, energy), and waste (solid, wastewater, hazardous) generation and identify any ancillary or associated facilities (access roads, laydown areas, construction camps, quarries, etc). iv. Conduct initial desktop study to describe the current environmental and social baseline conditions at the proposed project infrastructure investments. This shall include, but not limited to, the physical environment (topography, geology, soil, water resources, air), terrestrial and aquatic biological environment (flora, fauna, endangered species, habitats, sensitive and protected areas), ecosystem services, socio-economic conditions including the social structures and cultures of indigenous peoples, and physical and intangible cultural heritages. v. Initial desktop study on stakeholder mapping for the project including identify all stakeholders, their level of interest and authority over the project. vi. Identify and assess the preliminary Assessment of environmental and social risks/impacts of the project investments based on the initial baseline conditions and project activities in consideration of the environmental and social requirements established under Section 4(ii) above for each option/alternative, addressing potential direct, indirect and cumulative impacts. The risks/impacts shall be organized based on project phases, i.e., (i) pre-construction, (ii) construction, (iii) operation and maintenance, and (iv) decommissioning. The preliminary assessment should include, but not limited to, terrestrial and aquatic biodiversity, ecosystem services, hydrology and geohydrology, water resources, climate change, natural hazards, wastes, occupational health and safety, cultural heritage, physical displacement, economic displacement and livelihoods, availability and access to natural resources, GBV/SEA/SH, child and forced labor, and discrimination. vii. Identify mitigation measures prioritized in line with the mitigation hierarchy to avoid, reduce/minimize, and mitigate risks and impacts for each option/alternative. Make recommendations on the most environmentally and socially suitable option/alternative for each location prioritized based on the mitigation hierarchy. Determine whether there are technically and financially feasible alternatives where an option/alternative is recommended that would have potential for significant residual impacts that could result in potential compensation or offsets. viii. Identify any potential missing data or information and propose further assessments or studies needed that are needed as provided by the applicable E&S requirements and standards identified above in (4)(i)-(ii). ix. Develop Terms of Reference for further studies or assessments, including but not limited to a TOR for an ESIA for the proposed infrastructure investment. 5. General Methodology The general approach/methodology for preliminary environmental and social assessment (for the feasibility study) is performing a desktop study based on recent and available data that is sourced from reliable and trustworthy sources such as previous studies, scientific studies, maps, and literature, and meetings and discussions with experts. When secondary data is not available, reasonable efforts should be made to collect primary data from the field. Any field surveys should be designed to meet the purpose of the preliminary environmental and social assessment and do not substitute baseline surveys required for a full environmental and social impact assessment to be made at a later stage of the project. 6. Expected Deliverables The expected deliverables of the preliminary environmental and social assessment of the project infrastructure investments includes the following: MWRI Page 319 Draft ESMF for Climate Resilient Flood Management Project (CRFM) • Inception Report outlining the approach and methodology. • Draft Preliminary Environmental and Social Assessment • Final Preliminary Environmental and Social Assessment • Terms of Reference for an ESIA and other further studies or assessments 7. Required Expertise Key personnel shall have demonstrated international experience of similar projects with the capability to successfully carry out the scope of work and prior experience in the region conducting environmental and social assessments to meet the World Bank’s Environmental and Social Framework (ESF) or similar International Finance Institution (IFI) standards. The key personnel shall include: • Environmental Expert with a relevant educational background and a minimum of 15 years of experience in conducting environmental assessments with demonstrated experience conducting terrestrial and aquatic ecological studies in sensitive habitats and dam management and knowledge of hydro-agricultural / hydroelectric development. Knowledge of the relevant national legal frameworks, the key environmental and social issues, and environmental management practices in South Sudan would be an asset. • Social Expert with a relevant educational background and a minimum of 15 years of experience in conducting socio-economic studies, public consultation and implementation of involuntary resettlement schemes under similar projects. Knowledge of the national regulation on land acquisition, indigenous peoples, cultural heritage, and socio-cultural aspects of South Sudan would be an asset. 8. Timeline The preliminary environmental and social assessment for the feasibility study shall be completed within nine (9) months of contract signing. MWRI Page 320