E4194v2 Palestinian NGO IV Project – Additional Financing (PNGO IV – AF) Environmental and Social Management Framework NGO Development Center (NDC) April, 2013 Ramallah, Palestine NGO Development Center ESMF PNGO IV-AF Table of Contents 1. Introduction .....................................................................................................................................5 2. Project Description ........................................................................................................................6 2.1 PNGO IV-AF Objective ................................................................................................................................ 6 2.2 PNGO IV-AF Project Components.......................................................................................................... 6 2.3 Main Components of PNGO IV-AF ......................................................................................................... 6 2.4 Implementation Arrangements ............................................................................................................. 8 2.5 Institutional Structure............................................................................................................................... 8 3. Environmental Policy and Legal Framework .................................................................... 10 3.1 Applicable Laws ........................................................................................................................................ 10 3.2 Palestinian Environmental Law ......................................................................................................... 10 3.3 Palestinian Environmental Assessment Policy............................................................................. 11 3.4 Laws and Regulations Relating to Environmental Management ........................................ 13 3.5 World Bank Project Categories and Safeguard Policies .......................................................... 14 4. Environmental and Social Management Framework ..................................................... 18 4.1 Introduction ................................................................................................................................................ 18 4.2 Screening Criteria..................................................................................................................................... 18 4.3 Subproject Screening and Approval ................................................................................................. 21 4.4 NDC Project Implementation ...................................................................................................... 29 5. Environmental Assessment and Preparation of ESMP .................................................. 31 5.1 Introduction ................................................................................................................................................ 31 5.2 Examples of EM ......................................................................................................................................... 31 6. Public Consultation and Complaints Mechanism ........................................................... 37 6.1 Laws and Regulations relating to Community Participation ................................................ 37 6.2 Environmental and Social Consultation ......................................................................................... 37 6.3 Grievance Redressal Mechanism ............................................................................................... 38 6.4 Complaints’ Mechanism ............................................................................................................. 40 7. Environmental and Social Capacity Building ................................................................. 41 Annexes .................................................................................................................................................. 43 Annex I: The World Bank Safeguard Policies ............................................................................ 44 Annex II: Illustration of Potential Safeguard Risks expected by PNGO IV-AF................ 48 Annex III: Sample Monitoring Plan from PNGOIV ................................................................... 50 Annex IV: The proposed penalty deduction method .............................................................. 51 Annex V: Summary of Public Consultations ............................................................................... 52 Annex V (A): West Bank- Jerusalem and South Area Workshop ....................................................... 53 Annex V (B): West Bank- Ramallah and North Area Workshop........................................................ 60 Annex V (C): Gaza Workshop ............................................................................................................................ 68 2 NGO Development Center ESMF PNGO IV-AF List of Tables Table 1: World Bank Safeguard Policies and Core Requirements under each Policy ............16 Table 2: Environmental Screening and Classification of Projects ..................................................23 Table 3: Social and Cultural Resource Screening of Subprojects ....................................................26 Table 4: ESMC for Small Construction and Rehabilitation subprojects .......................................28 Table 5: Environmental and Social Impacts for Agricultural Services Projects........................32 Table 6: Main Environmental Impacts for Water and Wastewater projects .............................32 Table 7: Main Environmental and Social Impacts for Roads Maintenance Projects ...............33 Table 8: Environmental Impacts due to the Schools and Cultural Centers Projects ...............33 Table 9: Project Activities and Potential Impacts during Construction .......................................34 Table 10: Project Activities and Potential Impacts during Operation ..........................................35 Table 11: Proposed Training Sessions ......................................................................................................42 List of Charts Chart 1: Environmental Categories Screening Chart ............................................................................25 Chart 2: Social Safeguard Screening Chart ................................................................................................27 Chart 3: NDC Project Implementation Chart ............................................................................................30 3 NGO Development Center ESMF PNGO IV-AF Abbreviations AF Additional Financing AFD Agence Française de Développement PCBS Palestinian Central Bureau of Statistics CBO Community Based Organization CTP Cash Transfer Database EA Environmental Approval EAU Environmental Auditing EJ East Jerusalem EIA Environmental Impact Assessment EM Environmental Matrix EO Environmental Officer ES Environmental Screening ESIA Environmental and Social Impact Assessment ESMC Environmental and Social Management Checklist ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plan FM Financial Management GRM Grievance and Redressal Mechanism GS Gaza Strip ICT Information and Communication Technology IEE Initial Environmental Examination LGU Local Government Unit LTC Local Technical Consultant M&E Monitoring and Evaluation MEnA Ministry of Environment Affairs MoSA Ministry of Social Affairs NGO Non-Governmental Organization NDC NGO Development Center OM Operations Manual OP/BP Operational Policy/Bank Procedures PA Palestinian Authority PEL Palestinian Environment Law PEAP Palestinian Environmental Assessment Policy PNGO Palestinian Non-Governmental Organization PO Project Officer TFGWB Trust Fund for Gaza and the West Bank TFGA Trust Fund Grant Agreement WB World Bank 4 NGO Development Center ESMF PNGO IV-AF 1. Introduction The NGO Development Center (NDC) is an innovative Palestinian non-profit organization that empowers Palestinian NGOs to better provide vital services to Palestinians living in the West Bank and Gaza, especially the poor and marginalized. Conceived in partnership with leading Palestinian NGOs, unions and networks, NDC mobilizes donor funding to deliver a unique combination of direct grants and capacity building programs that enhance the effectiveness, self-reliance and sustainability of Palestinian NGOs. NDC has over 14 years of experience in managing and monitoring funding and rendering development programs and projects, with the added value of building organizational capacities. NDC provides a distinctive combination of direct grants to NGOs to help them perform with improved quality and better directed outcomes. NDC uses different granting schemes to allow NGOs with various capacities and magnitudes to focus on sectors and themes where NGOs have a comparative advantage. NDC advocates greater NGO transparency and accountability through the adoption of professional financial and management practices, and promotes sector-wide coordination and sharing of best practice experiences within its programs and on its Masader portal (www.masader.ps). PNGO IV is a repeater project that builds on the achievements of PNGO III and the systems that it has already established for service delivery through NGOs. For implementing PNGO IV, NDC mobilized $8 million in donor funding (with financing of US$ 2.0 Million from the Trust Fund for Gaza and West Bank (TFGWB) and Euro 5.0 Million (equivalent to US$ 6.5 Million) by the French Development Agency (AFD). These funds were towards NGO Sector in the form of granting schemes and capacity building aimed at enhancing socio-economic conditions of poor and marginalized communities through NGO delivery of key social and productive services and further strengthening the institutional development of the NGO sector. The Additional Financing (AF) of PNGO IV aims at scaling up activities to enhance the project’s development outcomes and address some of identified strategic issues. In addition, it will allow building on the satisfactory on-going PNGO IV, using its sound institutional arrangements. The total amount of the (PNGO IV-AF) is US$ 5.0 Million over a period of three years. The Environmental and Social Management Framework (ESMF) presents the environmental and social criteria for screening the subprojects of PNGO IV-AF against the potential environmental and social impacts. It also gives detail guidelines for proper assessment, mitigating, and monitoring of possible potential impacts. 5 NGO Development Center ESMF PNGO IV-AF 2. Project Description Most of the PNGO IV-AF projects are located in the West Bank and Gaza Strip, in areas that are un-served and/or under-served. These are mostly in Area C, Seam Zone, close to settlements, East Jerusalem (EJ), Gaza Strip (GS), etc. where there is no access to Palestinian Authority (PA) to operate. The subprojects of PNGO IV-AF are community development driven type projects. These projects are mostly classified as Categories B or C as to the World Bank classification and have limited adverse environmental impacts. In EJ and Seam Zone, only subprojects classified as category C will be considered. 2.1 PNGO IV-AF Objective The objective of PNGO IV-AF is to provide social services to those who are poor, vulnerable or marginalized through NGOs and to strengthen the institutional capacity of these organizations. 2.2 PNGO IV-AF Project Components Although the proposed PNGO IV-AF activities are similar in type and scope to the original PNGO IV and require no major changes to the designs, the PNGO IV-AF will focus on strengthening the strategic approach and development outcomes of PNGO IV by scaling up activities. It will build on lessons learned from previous operations, and are to (i) improve targeting of poor and communities in the un-served and underserved areas; (ii) using up- to-date data and a “consortium� approach to social service delivery; (iii) use a multi- stakeholder approach with enhanced collaboration between NGOs/CBOs, PA, Local Government Units (LGUs), citizens, academic institutions, and possibly the private sector; (iv) enhance support for good governance of NGOs/CBOs; (v) increase participation of citizens in project identification and implementation; and (vi) enhance the focus on outcome measurements and expanded its disaggregated measurement of gender and youth issues, as well as use of Information and Communication Technology (ICT). The expected outcome of the AF include: enhanced good governance and more effective and efficient social service delivery to marginalized Palestinians in priority geographical areas through a more targeted, inclusive, holistic, and results-oriented approach that is grounded in enhanced partnerships. 2.3 Main Components of PNGO IV-AF The PNGO IV-AF is to include mainly three components: Component 1: Social service delivery with two subcomponents: 6 NGO Development Center ESMF PNGO IV-AF a) Cross-sectoral Grant packages for coordinated NGO/CBO proposals, and possibly also between NGOs/CBOs and the private sector and other public entities, as relevant. These grants will enable the NGOs/CBOs to collectively improve the quality of social services provided to the targeted poor and marginalized persons from poor and marginalized communities. In order to better meet development priorities, to increase the impact of the grants, and to increase sustainability, small and medium size NGOs/CBOs will be required to apply through coordinated proposals consisting of at least two NGOs/CBOs and a maximum of five. In advance of submitting their applications, these NGOs/CBOs are required to identify and develop local partnerships serving the same beneficiary pool. Several resources are available to develop the coordinated proposals, including the Poverty Map prepared by PCBS and the Cash Transfer Database (CTD) of the Palestinian Ministry of Social Affairs (MoSA). Under PNGO IV-AF, the AF will finance demand-driven projects. The exact projects to be financed are unknown prior the submission of the NGOs/CBOs proposals, which is to come after an objective, competitive call for proposal has been launched shortly after AF effectiveness. Small-scale infrastructure projects might include subprojects such as household cisterns and house rehabilitation works. Additionally, they might include the rehabilitation of agricultural roads, aiming at improving and facilitating access to land, especially isolated and remote agricultural lands. Other agricultural projects could also include land reclamation, cultivation, and rehabilitation. Possible small infrastructure projects might include the rehabilitation of existing community centers, and houses for poor and marginalized Palestinians in the targeted areas. These projects aim to improve the physical conditions of the structures and improve safety conditions. b) Emergency Grants to NGOs: At present no financing for this grant track is envisioned under the proposed program. However, given the volatility of conditions in West Bank and Gaza, this will remain a key area of intervention that will be further defined in response to a particular emergency. If the need arises, funds will be reallocated for these emergency grants. Component 2: Capacity Building with two subcomponents: a) Subproject cycle coaching for component 1 grantees; b) Implementation of the Code of Conduct Compliance System that was developed and piloted under PNGO IV; this includes (i) Technical Assistance for rated NGOs/CBOs to address any code compliance capacity weaknesses etc.; and (ii) Umbrella Networks to raise awareness on Code of Conduct Compliance. 7 NGO Development Center ESMF PNGO IV-AF Component 3: Project Management and Monitoring and Evaluation (M&E): these include strengthening the M&E System, external and internal audits, Evaluation and Impact Assessments, communications and outreach, as well as general project management. 2.4 Implementation Arrangements About 60% of PNGO IV-AF is allocated to component 1 for urgently needed support to provide social services to poor and vulnerable Palestinians in the un-served and under- served areas. In addition to the social services provision, training and capacity building activities, some small-scale infrastructure projects will be implemented including the rehabilitation of existing agricultural roads, reclamation, and rehabilitation of damaged agricultural lands. This include plowing the lands, planting vegetables and seedlings such as olive, citrus and almonds as main crops, rehabilitation of existing community buildings and homes, etc. Component 2 is to strengthen NGOs/CBOs good governance capacities for subproject management. NGO/CBO grantees of component 1 will receive intensive, individualized, long term “on-the-job� coaching from dedicated NDC sub-project officers throughout the entire project cycle. This will enhance the transparency, accountability and good governance of their overall subproject management including improved procurement financial management and reporting procedures. It is also to enhance good governance of the NGO sector through: (i) support NDC, as the agreed Code Compliance Secretariat, to provide Technical Assistance to the NGOs/CBOs as to complete the voluntarily Code Compliance rating, validation, and accreditation and to address any code compliance capacity weaknesses; and (ii) support the NGO Umbrella networks, as the Code Accreditation Body, to raise awareness of code compliance among their members, and accredit NGOs/CBOs. 2.5 Institutional Structure NDC will be the signatory of the TFGA and the recipient of the Bank’s Grant from the Trust TFGWB. This would be disbursed through a designated account. Consequently, NDC will be responsible for the overall implementation of the new project and management of the account in accordance with the TFGA. NDC will be responsible for all fiduciary aspects including financial management, procurement, and safeguards (management and monitoring of environmental and social aspects), incurring expenditures and making payments to NGOs, suppliers and consultants. Sub-grants would be provided for NGOs/CBOs under component 1 and for the four Umbrella Networks under component 2. These would be implemented by the recipient 8 NGO Development Center ESMF PNGO IV-AF NGOs, CBOs and NGO Umbrella Networks in accordance with their individual Grant Implementation Agreement signed between them and the NDC. 9 NGO Development Center ESMF PNGO IV-AF 3. Environmental Policy and Legal Framework 3.1 Applicable Laws The legal and institutional framework concerning the West Bank and Gaza is quite exceptional. The laws and regulations applied will vary depending on whether the project is in Areas “A� “B� or “C�. The relevant laws span the Ottoman regime, the British Mandatory period, the Jordanian administration of the West Bank, the Egyptian administration of the GS, the Israeli occupation of Palestine, and the Palestinian Authority (PA) administration over certain areas. However, it remains a challenge to seek remedies in the PA court system because of the uncertainty concerning enforcement and the institutional limitations of a court system operating under occupation. The exceptional nature of the West Bank and GS is sometimes without precedent and often times certain actions by the Israeli authorities are not in compliance with the rule of law, especially with respect to the acquisition and use of Palestinian land. With this context in mind, the PA administers its affairs in accordance with relevant ordinances and legislation applicable respectively to the GS and the West Bank. The laws and ordinances applicable to the GS and West Bank before 1967 were adopted into the PA legal regime as Decision No. 1 of the Elected Palestinian Council on 20 May 1994. The decision provided that “The laws, regulations and orders which were in force prior to 5 June 1967 in the West Bank and Gaza Strip shall remain in force until unified.� The Prime Minister and Ministers of Interior, Justice, and Finance have the authority to enact the provisions of the laws. Additional Presidential decrees since June 2007 have provided the President with authority that would normally belong to the various Ministers. However, the Office of the President has delegated the authority to the respective Ministers appointed as part of the “emergency government�. 3.2 Palestinian Environmental Law The Palestinian environmental legal and administrative framework has taken major strides towards protecting environmental resources and institutionalizing their sustainable management. The Palestinian Environment Law (PEL) is comprehensive, covering the main issues relevant to environmental protection and law enforcement. Among the objectives of the PEL are:  Protecting the environment from all sorts and types of pollution  Protecting public health and social welfare  Incorporating environmental resources protection in all social and economic development plans and promote sustainable development to protect the rights of future generations; 01 NGO Development Center ESMF PNGO IV-AF  Conserving ecologically sensitive areas, protecting biodiversity, and rehabilitating environmentally damaged areas;  Setting inter-ministerial cooperation regulations and standards various environmental protection areas and jurisdictions;  Promoting environmental information collection and publication, public awareness, education and training. The PEL addresses various environmental issues including:  Management and protection of various resources. Issues covered are related to land environment, air environment, water resources and aquatic environment, natural, archeological, and historical heritage protection.  Environmental Impact Assessment (EIA) and auditing, permitting of development projects, monitoring of environmental resources and their parameters.  Penalties to be applied in case of violation of any article presented under the law.  Other issues addressed by the legislation include emergency preparedness, public participation, research training and public education. The PEL of 1999 has stated in article 45, “The Ministry, in coordination with the competent agencies, shall set standards to determine which projects and fields shall be subject to the environmental impact assessment studies. It shall also prepare lists of these projects and set the rules and procedures of the environmental impact assessment�. Article 47 of the PEL states that: “The Ministry, in coordination with the competent agencies, shall determine the activities and projects that have to obtain an environmental approval before being licensed. This includes the projects that are allowed to be established in the restricted areas�. 3.3 Palestinian Environmental Assessment Policy The Palestinian Ministerial Council approves the Palestinian Environmental Assessment Policy (PEAP), through resolution No: 27-23/4/2000. This Policy shall be interpreted and implemented to support the sustainable economic and social development of the Palestinian people through assisting in meeting the following goals:  Ensuring an adequate standard of life in all its aspects, and not negatively affecting the basic needs, and the social, cultural and historical values of people as a result of development activities.  Preserving the capacity of the natural environment to clean and sustain it.  Conserving biodiversity, landscapes and the sustainable use of natural resources.  Avoiding irreversible environmental damage, and minimizing reversible environmental damage, from development activities. 00 NGO Development Center ESMF PNGO IV-AF According to the PEAP, the documents that represent sequential stages in the project life cycle and the Environmental Approval (EA) process are: Application for Environmental Approval; Initial Environmental Evaluation (IEE); and Environmental Impact Assessment (EIA). The Ministry of Environment Affairs (MEnA) shall provide guidance on the content and preparation of these documents. The IEE is for projects where significant environmental impacts are uncertain, or where compliance with environmental regulations must be ensured; whereas An EIA is required for projects, which are likely to have significant environmental impacts. An EIA may be carried out as a result of an IEE. Based on the Application for Environmental Approval, screening criteria are used to determine whether an IEE or an EIA is required for a project. A determination of whether or not an IEE or an EIA must be conducted will be based on screening criteria. The proponent submits the application for EA to the appropriate permitting authorities as part of his overall application package for initial approval. These authorities then refer the project to MEnA, which may ask the proponent for further information to ensure the application is sufficient for consideration. MEnA then applies the screening guidelines and determines whether an IEE Report or an EIA Report is required. The Screening process will be based on requirements of relevant land use plans, and on whether the project is likely to:  Use a natural resource in a way that pre-empts other uses of that resource,  Displace people or communities,  Be located in or near environmentally sensitive areas such as natural reserves, wetlands, or registered archeological and cultural sites,  Generate unacceptable levels of environmental impact,  Create a state of public concern, or  Require further, related development activities that may cause significant environmental impacts. The IEE and/or the EIA are to define the environmental impacts of the project and the measures to mitigate the adverse impacts or capture potential environmental benefits. If neither IEE nor EIA are required, the MEnA will determine, in coordination with the relevant permitting authorities or the EA Committee as required, whether or not Environmental Approval will be granted and, if so, under what conditions. Without limiting its content, an EA may specify:  Required measures to mitigate adverse environmental impacts or capture potential environmental benefits, including a compliance schedule, 02 NGO Development Center ESMF PNGO IV-AF  Measures that the proponent must implement in order to comply with relevant standards and requirements; and  Monitoring and reporting duties of the proponent. For existing projects and developments, Environmental Auditing (EAU) may be required. Its aim is to mitigate negative environmental impacts through evaluating their environmental management and performance. An EAU is prepared by the owner or operator of the development activity, and focuses on mitigation measures for existing environmental impacts to comply with relevant environmental standards and regulations. Decisions resulting from an EAU Report can include:  Suspension of the permit for the development activity by the permitting authority until specified measures are implemented;  Agreement on conditions that will be applied to the development activity, including a plan of implementation; or  Exemption of the development activity from further compliance with the EA Policy. All mentioned laws, orders and regulations have enforcement power, the main base of the enforcement system is the Palestinian Public Health Law No 20 and the Municipality regulatory system. Enforcement actions are to be taken by the municipality directly in some cases and through the court, the police and sometimes the district governor for much complicated cases. 3.4 Laws and Regulations Relating to Environmental Management The PEL No. 7 for 1999, under the third chapter, required from the MEnA to follow up the implementation of decisions which are issued concerning the environmental impact through cooperation with the competent authorities. The MEnA shall, in coordination with the competent authorities, control the various corporations, projects and activities in order to ascertain the extent of its compliance with the approved specifications, standards and instructions for the protection of environment and vital resources formulated by it according to the provisions of this law. For the above purposes, the law entitles the MEnA inspectors and other inspectors who are appointed in the Ministries and other authorities who have the capacity of judicial police as per the law to impound the environmental violations and crimes that may take place and violate this law. The MEnA inspectors shall also have, in cooperation with the competent departments and authorities; the right of entry into the installations for the purpose of inspecting them, taking samples, carrying out the measurements and ascertains the application of the standards and conditions of the environment protection and prevention of pollution. 03 NGO Development Center ESMF PNGO IV-AF The owners of projects and other activities should enable the MEnA inspectors and competent authorities to carry out their functions and provide them with the information and particulars which they deem necessary to obtain in implementation of the provisions of the Law. Owners of Projects should also carry out self-supervision operations according to the standards and conditions formulated by the MEnA, in coordination with the competent authorities, and submission of reports according to the instructions of the MEnA. The competent authority shall have the right, with respect to every installation or project which has violated the environmental conditions necessary for granting the license, to cancel or withdraw the license before the competent court. MEnA may decide to stop the work in any project or prohibit the use of any machine or material in part or in whole if the continuation of work in the project or use of the machine or article involves a serious hazard to the environment. The stoppage or prohibition shall be for a period not exceeding two weeks and may not be extended except by a judicial order from the competent court. Whoever was harmed from the stoppage or prohibition order may take exception towards it before the competent court. 3.5 World Bank Project Categories and Safeguard Policies World Bank (WB) classifies projects into four categories, depending on the type, location, sensitivity, and scale of the project and the nature and magnitude of its potential environmental impacts. These categories are: Category A: This list is limited to those projects with significant environmental impacts, which require a full detailed EIA. The list of subprojects under this category would include, but are not limited to:  Landfill subprojects,  Large healthcare waste management projects,  Wastewater treatment systems. Category B: A proposed project is classified as Category B if its potential adverse environmental impacts on human populations or environmentally important areas including wetlands, forests, grasslands, and other natural habitats are less adverse than those of Category A projects. These impacts are site-specific; few if any of them are irreversible; and in most cases mitigation measures can be designed more readily than for Category A projects. Projects falling under this category would include, but are not limited to:  Construction of schools, housing, training centers, etc. 04 NGO Development Center ESMF PNGO IV-AF  Construction of health units, dispensaries, maternity clinics, medical research, etc.  Construction of roads, bridges and water passage ways.  Construction of water reservoirs. Category C: These are projects, which are known to have no adverse environmental impacts, and accordingly will not require any environmental assessment or follow-up. Training, institutional capacity building, awareness, minor rehabilitation and furnishing/equipping of schools and training centers are examples of subprojects falling under Category C. Most of the service delivery type of projects falls under this category. Categories B and C require Initial Environmental Examination, limited EMP, and/or Environmental Screening (ES). Category FI: A proposed project is classified as Category FI if it involves investment of the Bank funds through a financial intermediary, in subprojects that may result in adverse environmental impacts. Environmental Screening is applied to FI projects to determine the level of Environmental Assessment (EA) to be required. Under the World Bank’s operational policies, there are ten environmental and social policies referred to as the Bank’s “safeguard policies�. The Bank’s environmental assessment policy and procedures in light of these ten safeguard policies are described in OP/BP (Operational Policy/Bank Procedures). Annex I brings definitions of these policies. The definition is only to clarify what is meant by each. Further information about these policies can be downloaded from the World Bank sites. The examination and assessment were conducted in light of the World Bank’s environmental assessment policy and procedures OP/BP. Based on the information collected of the project, the assessment is addressed through:  Reviewing the ten safeguard policies and determining the OP 4.01 Environmental assessment is triggered by the project. Mitigating measures have been identified accordingly.  Describing the safeguard issues and impacts associated with the project. Identifying and describing any potential large scale, significant and/or irreversible impacts.  Describing the potential indirect and/or long term impacts due to anticipated future activities in the project area.  Describing the measures taken to address safeguard policy issues. Providing an assessment of project proponent capacity to plan and implement the measures described. 05 NGO Development Center ESMF PNGO IV-AF  Identifying the key stakeholders and describing the mechanisms for consultation and disclosure on safeguard policies, with an emphasis on the potentially affected people. Table 1 outlines the core requirements under each policy and lists the conclusion of applying each to the project. For PNGO IV-AF projects which are classified as B or C (For EJ and seam zone, only C projects are to be accepted by PNGO IV-AF), an environmental and social instrument needs to be prepared based on the WB policy OP 4.01 requirements. This ESMF is to be applied to the classification and assessment of the PNGO IV-AF projects and is an integral part of the Operations Manual (OM) of the NDC. The OM is prepared for the purposes of implementing the World Bank supported PNGO IV-AF in compliance with the national and local policies and regulations as well as the WB policies and procedures for safeguard, financial management, procurement, etc. However, OP 4.12 requirements and other WB policies should prevail, in case of any discrepancy with the national legislation. Table 1: World Bank Safeguard Policies and Core Requirements under each Policy Policy Summary of Core Requirements Public Consultation OP/BP 4.01 Screen early for potential impacts and select Consult affected Environmental appropriate instrument to assess, minimize, and groups and NGOs as Assessment mitigate potentially adverse impacts. early as possible. Do not finance projects that degrade or convert Consult local people in OP/BP 4.04 critical habitats. Support projects that affect non- planning, designing, Natural Habitats critical habitats only if no alternatives are available and monitoring and if acceptable mitigation measures are in place. projects. OP 4.09 Support integrated approaches to pest Consult local people in management Identify pesticides that may be planning, designing, Pest financed under the project and develop appropriate and monitoring Management pest management plan to address risks. projects. Screen to determine presence of Indigenous Carry out free, prior, OP/BP 4.10 Peoples in project area. Policy triggered whether informed consultation Indigenous potential impacts are positive or negative. Design and obtain broad Peoples mitigation measures and benefits that reflect community support. Indigenous People cultural preferences. 06 NGO Development Center ESMF PNGO IV-AF Investigate and inventory cultural resources Consult appropriate OP/BP 4.11 potentially affected, include mitigation measures agencies, NGOs, and Physical Cultural when there are adverse impacts on physical University Resources cultural resources. departments. Consult resettles and Assist displaced persons in their effort to improve OP/BP 4.12 host communities, or at least restore their standards of living. Avoid Involuntary incorporate expressed resettlement where feasible or minimize. Displaced Resettlement views in resettlement persons should share in project benefits. plans. Support sustainable and conservation oriented Consult local people, OP/BP 4.36 forestry. Do not finance projects that involve the private sector, and Forests significant conversion or degradation of critical interest groups in forest areas. forest area. OP/BP 4.37 For large dams, technical review and periodic No public safety inspections by independent dam safety Safety of Dams consultations professionals. OP/BP 7.50 Ascertain whether riparian agreements are in No public Projects on place, and ensure that riparian states informed of consultations. Riparian International and do not object to project interventions notification required. Waterways OP/BP 7.60 No public Ensure that claimants to disputed areas have no Projects in consultations. objection to proposed projects Disputed Areas Claimants informed. 07 NGO Development Center ESMF PNGO IV-AF 4. Environmental and Social Management Framework 4.1 Introduction Environmental and social screening will take place at an early stage of the PNGO IV-AF project cycle. It will help in excluding any sub-project that might trigger category “A� (and category B for EJ); physical cultural heritage per the WB OP 4.11 specific to Physical Cultural Resources, OP 4.12 related to Involuntary Resettlement, OP 4.09 related to Pest Management and use of pesticides and chemicals, and/or other WB policies. The last WB supervision mission of PNGO IV in October 2012 rated the PNGO IV project performance of safeguards as Satisfactory. During WB site visits, the environment and social specialist found that the subprojects were in compliance with the EMP and that the NDC team and the environmental consultant monitored the subprojects. Including OP 4.12 on the negative list of the Operations Manual served as effective method of ensuring the policy was not triggered. The successful approach to safeguards implemented under PNGO IV will be maintained for the AF. Since the use of an environmental consultant was successful for PNGO IV, NDC will continue to use an environmental consultant to monitor environmental safeguards issues and will continue to rely on the social specialist within NDC for social safeguards issues. For PNGO IV-AF, the ESMF has an increased focus on systematic monitoring of social safeguards. In addition, a formal complaints mechanism was designed. The ESMF provides technical day-to-day guide for making sure that PNGOIV-AF subprojects are implemented in an environmentally and socially responsible manner. It provides guidance for screening project proposals against environmental and social risks. Based on the outcome of the risk identification and appraisal, eligibility of subprojects for financing are determined based on negative lists and screening criteria. The ESMF carry uniform templates to facilitate conducting review and screening. It provides guidance on planning the site-specific environmental and social management plans (ESMP), their implementation, and monitoring for the eligible subprojects. 4.2 Screening Criteria 4.2.1 Screening of Project categories PNGO IV-AF will exclude any project that is of Category A. The OP/BP4.01 "Environmental Assessment" policy indicates the kind of projects which are categorized as "A" projects and for which a full environmental assessment is required. These projects include most of those having large population displacement impacts and are excluded from PNGO IV-AF. Category B projects do not require a full EIA but do require some environmental analysis. Category C projects do not require environmental analysis. 08 NGO Development Center ESMF PNGO IV-AF PNGO IV-AF includes activities that mainly have positive environmental and social impacts such as awareness programs and capacity building. These would be classified as category B or C since they are social service-delivery types of projects. However, some PNGOIV-AF sub projects could include activities that might have minor negative impact particularly in terms of small-scale construction projects. The classification will depend on the type, location, sensitivity, and scale of the project and the nature and magnitude of its potential environmental impacts. In East Jerusalem, infrastructure subprojects and projects that are under category B will be excluded from PNGO IV-AF program. 4.2.2 Cultural Heritage and Physical Cultural Resources Any project that triggers OP/BP 4.11 Physical Cultural Resources will be excluded from PNGO IV-AF. The definition of physical cultural resources include any movable or immovable objects, sites, structures, groups of structures, and natural features and landscapes that have archaeological, paleontological, historical, architectural, religious, aesthetic, or other cultural significance. Physical cultural resources may be located in urban or rural settings, and may be above or below ground, or under water. Their cultural significance may be at the local, provincial or national level, or within the international community. In case of accidental findings of any antiquities or physical cultural resources that might occur during the implementation of the projects, the contractor must notify NDC and the NGO immediately. According to the applicable Jordanian Heritage law No. 51 for the year 1966, Article 15, NDC must stop the contractor and notify the related Authority (Ministry of Tourism and Antiquities) within 3 days to take the necessary actions. 4.2.3 Pest Management Any project that triggers OP/BP 4.09 (Pest Management which supports integrated pest management and the safe use of agricultural pesticides) will be excluded from PNGO IV-AF. In Palestine, the use of pesticides is not controlled and the capacity to control and manage pest needs enhancement. There are regulations that controls and manage the pests and the use of pesticides, but their enforcement and implementation is still weak. Therefore there is a need to enforce regulations and apply appropriate management plans and support integrated approaches to pest management. 4.2.4 Involuntary Resettlement 09 NGO Development Center ESMF PNGO IV-AF In terms of social safeguards, any subproject that could trigger the OP/BP 4.12 will be excluded as part of the list of ineligible grants provided in the Operational Manual as was the case for PNGO IV, which served as an effective means to avoid triggering this policy. In other words, financing should not be provided to subprojects that result in direct economic and social impacts through the: (1) involuntary taking of land resulting in relocation or loss of shelter, loss of assets or access to assets, or loss of income sources or means of livelihood, whether or not the affected persons must move to another location; or (2) involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons. Considering that NGO when submitting a project proposal/appraisal to NDC would have accomplished all legal requirements acquired by and respecting the revised Palestinian Basic Law of 2003, the Jordanian Law No. 79 of 1966, the Cities, the Villages and Buildings Regulating Law, and the Buildings and Regulation Bylaw for Local Authorities No. 5. 4.2.5 Voluntary Land Donation In cases there is voluntary land donation, defined as when people or communities agree to voluntarily provide land in exchange for benefits or services related to the project, the World Bank requirements, which are from the 2004 Involuntary Resettlement Source book, must be met:  The infrastructure must not be site specific. For example, a school or clinic can have one or more locations if the land owner objects. However, voluntary land donation would not be allowed in the case of a location specific infrastructure since objectors can be forced or coerced into agreement.  The impacts must be minor, involving no more than 10% of the area of any holding and require no physical location.  The land required to meet technical project criteria must be identified by the affected community, not by line agencies or project authorities (nonetheless, technical authorities can help ensure that the land is appropriate for project purposes and the project will produce no health or environmental hazards).  The land in question must be free of squatters, encroachers or other claims or encumbrances.  Written verification is necessary (for example, a notarized letter or witnessed statements) of the voluntary nature of land donations must be obtained from each person donating land. 21 NGO Development Center ESMF PNGO IV-AF  If any loss of income or physical displacement is envisaged, verification of voluntary acceptance of community devised mitagatory measures must be obtained from those expected to be adversely affected.  If community services are to be provided under the project, land title must be vested in the community or appropriate guarantees of public access to services must be given by the private title holder.  Grievance Redressal or a complaints' mechanism must be made available In cases of voluntary land donation, NDC will need to confirm the above criteria is met as well ensure that voluntary land donation was not done through coercion. 4.3 Subproject Screening and Approval While risks associated with various subprojects may vary from high to low risk, all of them are expected to fall under Category B and C. The following screening steps are to be applied: 1. The category of the sub-project is to be checked; if the project is classified as A, it will be rejected. Only projects of categories B and C are accepted unless it is in east Jerusalem, then only category C projects are accepted. 2. The projects are checked against the safeguard policies; if any of the WB safeguard policies are triggered by the project, then it will be rejected. Table 1 lists these safeguard policies and the consultation required under each. 3. If the project is of Category B and is accepted, then a site specific ESMP is required to be prepared. 4. If the project is of Category C and is accepted, no further Environmental and social requirements are applied. Table 2 and Chart 1 detail the Environmental Screening that should take place at an early stage of the PNGO IV-AF project cycle. The screening and review process will be conducted by the NDC Project Officers. Whereas Table 3 and Chart 2 detail the Social Screening of the PNGO IV-AF subprojects. The screening process is to include also documentations, checklists and site-specific Environment and Social Review. This is needed in order to verify the sector and site specific ESMP that has to be prepared for category B subprojects. The requirements of the ESMP are detailed in the NDC Operations Manual. Table 4 provides an example of an Environmental and Social Management Checklist (ESMC) for small construction and rehabilitation subprojects. 20 NGO Development Center ESMF PNGO IV-AF A standard appraisal and mitigation ESMP will be part of the specifications for the contractor and will form the basis of regular monitoring. The ESMP matrix based on the sectors and consisting of phases, and potential environmental and social impacts, if any, mitigation measures, operation and supervision. Annex III is a Sample Monitoring Plan from PNGO IV. 22 NGO Development Center ESMF PNGO IV-AF Table 2: Environmental Screening and Classification of Projects A) Project Screening Project Title: Project Sector: Duration: Questions Actions 1. Is the project listed under Category A projects? If Yes; project is rejected If No; go to next question 2. Is the project listed under category B and is in East Jerusalem? If Yes; project is rejected If No, project is accepted 3. Does the project trigger any of the following WB safeguard policies: - If the answer to any of - OP/BP 4.09 (Pest Management), i.e. uses pesticides or chemicals? the 3 questions is yes, - OP/BP 4.11 Physical Cultural Resources (see also question 6 of Table 3) then the project is - OP 4.12 related to Involuntary Resettlement, i.e. involuntary taking of land; involuntary rejected. restriction of access; loss of shelter, loss of assets or access to assets, or loss of income - If the answer to the sources; etc. (Note: To answer this question please go to Table 3 and Error! Not a valid three questions is No, result for table.). then project is accepted. 4. Is the project listed under category B and accepted? If yes; answer the following questions: - Has the project a tangible impact on the environment? - Does the project have any significant potential impact on the local or affected communities? 5. If the answer to any of the questions of 4 above is yes, The sit specific ESMP shall answer: then a site specific ESMP is requires. - What are the significant beneficial and adverse environmental effects of the project? - What impact has the project on the human health? 23 NGO Development Center ESMF PNGO IV-AF 6. Is the project listed under category C Project is accepted and no ESMP is required. B) For Accepted Projects of Category B What design alternatives have been considered and what mitigation measures are proposed? What lessons from the previous similar projects have been incorporated into the design? Have concerned communities been involved? Have their interests and knowledge been adequately taken into consideration? C) Conclusion Conclusion of the environmental screening: Subproject is declined Subproject is accepted If accepted, and based on risk assessment, project preparation requires: - Completion of the Environmental Management Checklist - Environmental Review, including abiding to the approved ESMP Comments of NDC officer: Comments of Environmental Officer (EO): 24 NGO Development Center ESMF PNGO IV-AF Chart 1: Environmental Categories Screening Chart 25 NGO Development Center ESMF PNGO IV-AF Table 3: Social and Cultural Resource Screening of Subprojects Social safeguards screening information Yes No 1 Will the project reduce other people’s access to their economic resources, such as land, pasture, water, public services or other resources that they depend on? 2 Will the project result in resettlement of individuals or families or require the acquisition of land (public or private, temporarily or permanently) for its development? 3 Will the project result in the temporary or permanent loss of crops, fruit trees, etc.? 4 Will the project result in the temporary or permanent loss of household infrastructure (such as granaries, outside toilets and kitchens, etc.)? If the answer to any above question is “Yes�, then OP/BP 4.12 Involuntary Resettlement is applicable and the project is rejected. If the Answer for all the above is "No", please fill in the followings; Required Documentation Yes No 4 Is the information related to the affiliation and ownership status of the project site available and verifiable? 5 If there is voluntary land donation, is documentation provided and have the World Bank procedures been followed as outlined in the ESMF?1 Cultural resources safeguard screening information Yes No 6 Will the project require excavation near any historical, archaeological or cultural heritage site? If answer to question 6 is “Yes�, then OP/BP 4.11 Physical Cultural Resources is applicable and possible chance finds must be handled in accordance with OP and relevant procedures provided in the ESMF. 1Inaddition, NDC needs to ensure that land given for subprojects as voluntary land donation was not done through coerciveness. 26 NGO Development Center ESMF PNGO IV-AF Chart 2: Social Safeguard Screening Chart 27 NGO Development Center ESMF PNGO IV-AF Table 4: ESMC for Small Construction and Rehabilitation subprojects NGO: …………………………..… Project Name: …………………………...... Date: ……………………………………... Safeguards/ Mitigation Impact to check Yes No Remarks measures carried on 1 Noise/alarm generation 2 Dust spreading out 3 Odor emission Traffic problems (hindering, detours, 4 closure etc.) 5 Solid Waste Services problems 6 Sewerage Services problems 7 Water Services problems 8 Green cover negatively affected 9 Pedestrians' safety endangered 10 Electricity services problems Landscape / aesthetic element/s 11 deteriorated 12 Natural Resources negatively affected 13 Biodiversity & Wildlife threatened 14 Recreational sites negatively affected Heritage and archaeological sites 15 negatively affected 16 Agricultural activities negatively affected 17 Industrial utilities negatively affected 18 Workers safety and health considered Workers commitment to OHS (vests, 19 gloves, HD wearing apparel etc.) 20 Working machines suitability Additional Impact (please add it) 11 ………………………………………………………… 22. Comments: ………………………………………………………………………………………………….. 23. Recommendations: ………………………………………………………………………………………………………… Environmental Specialist Signature……………………………………… Date……………………………………… 28 NGO Development Center ESMF PNGO IV-AF 4.4 NDC Project Implementation Environmental and social monitoring will be an integral part of the NDC’s supervisory work in the course of the project implementation. The NDC (Project Officers and/or Environmental Specialist) and NGO Project Coordinator will be responsible to ensure that contractors are familiar with ESMP and instruct the contractor on the compliance with the plan. The concerned NGO and NDC will conduct regular on-site monitoring of civil works to verify contractors’ adherence to the requirements set out in ESMP. Chart 3 depicts the PNGO IV-AF Project Implementation stages, monitoring and reporting. The site-specific ESMP prepared for accepted subprojects of category B will be included in the bidding document, so that potential bidders are aware of environmental and social performance standards expected from them and are able to reflect that in their bids. The ESMP becomes an essential part of a works contract upon its conclusion and their implementation is mandatory for a contractor. The NGO, as an owner of construction works, will be responsible for enforcing compliance of contractor with the terms of the contract, including adherence to the ESMF. Detailed presentation of the status of environmental and social performance under the PNGO IV-AF cycle will be included in the progress reports during its implementation. Reports will present overview of deviations/violations of the ESMP encountered over the reporting period including instructions given to the contractors for addressing incompliance and identified issues, and follow-up actions on the revealed outstanding matters. The following chapter 4 provides guidelines for the assessment of the potential environmental and social impacts of the subprojects and the preparation of the ESMP. These are to be prepared by the applying NGO/CBO. NDC is to provide guidance in this regard. 29 NGO Development Center ESMF PNGO IV-AF Chart 3: NDC Project Implementation Chart 31 NGO Development Center ESMF PNGO IV-AF 5. Environmental Assessment and Preparation of ESMP 5.1 Introduction PNGO IV-AF includes activities that mainly have positive environmental and social impacts such as awareness programs and capacity building. Yet, negative impacts might occur during the construction and operation phases such as dust, noise, safety hazards, restriction to access, etc. The ESMF is to cater these negative impacts and provides the framework for the ESMP to be prepared. Examples of some of the negative impacts as a result of infrastructure projects are provided in Table 5 to Table 10. To mitigate these negative impacts, an ESMP will be prepared for each approved subproject of Category C. It is recommended to use Environmental Matrices (EM) for listing overall main environmental and social impacts. The EM lists the expected environmental and social impacts and indicates whether the impact is positive, negative or neutral. 5.2 Examples of EM The PNGO IV-AF project sectors include agricultural services, water and wastewater, roads and road maintenance, construction and rehabilitation of schools, homes, clinics and cultural centers, etc. The EM can be prepared and modified after detailed information of the projects is provided. Other assessment concerns are: (i) positive and ‘no-impact’ categories could degenerate to negative if caution is not exercised; and (ii) these impacts are often ‘site-specific’, which should be taken into consideration. Table 5 is an example of an EM of agricultural services projects. These projects have mostly positive impacts, but will affect soil and surface and groundwater quality. Therefore, protection of surface and groundwater in addition to the soil are required to mitigate these impacts. Table 6 is an EM for Water and Wastewater projects. The table indicates that the Water and Wastewater projects almost have equal number of crosses for negative and positive impacts, but this does not mean that the overall assessment of the project is neutral. Mitigation measures should be considered for the negative impacts. In addition, the impacts have different weighting factors in regard of their importance, which need to be considered in the assessment. Roads and road maintenance projects include rehabilitation of agricultural roads. Table 7 presents the EM for agricultural road maintenance projects. It is important to note that if rehabilitation works interfere with existing public or private roads, the contractor shall construct diversion ways wherever possible. 30 NGO Development Center ESMF PNGO IV-AF However, the contractor will need to confirm that any access or diversion road is not constructed on private land. Table 5: Environmental and Social Impacts for Agricultural Services Projects Impact No. Environmental Component Positive No Impact Negative 1 Air Quality X 2 Groundwater Quality X 3 Community Water Supply X 4 Public Health and Services X 5 Workers Health and Safety X 6 Noise Reduction X 7 Cultural and Heritage X 8 Socio-economic X 9 Water Courses and Wadis X 10 Biodiversity X 11 Soil X Table 6: Main Environmental Impacts for Water and Wastewater projects Impact No. Environmental Component Positive No Impact Negative 1 Air Quality X 2 Groundwater Quality X 3 Community Water Supply X 4 Public Health and Services X 5 Workers Health and Safety X 6 Noise and dust Reduction X 7 Cultural and Heritage X 8 Socio-economic X 9 Water Courses and Wadis X 10 Biodiversity X As part of sub-project approval process, NDC should obtain a copy of land tile from municipalities to confirm that subprojects are on public land. In case the land tile is not available, an official letter should be obtained to that effect. Agricultural roads will result noise and dust emission. The gases that will be emitted will affect the air quality. Accidental risks and workers health and safety are also triggered. The water courses and the drainage systems might be impacted. 32 NGO Development Center ESMF PNGO IV-AF Table 8 is the EM for the Schools and cultural centers projects. It can be seen that they have mostly positive impacts, but will increase the construction wastes and produce noise and dust during construction. There might be interruption to the school schedule and/or access to classrooms. Therefore, management of the impacts and construction wastes, reduction measures of noise and dust are required to mitigate these impacts. Table 7: Main Environmental and Social Impacts for Roads Maintenance Projects Impact No. Environmental Component Positive No Impact Negative 1 Air Quality and Gas emission X 2 Groundwater Quality X 3 Community Water Supply X 4 Public Health and Services X 5 Workers Health and Safety X 6 Noise Reduction X 7 Cultural and Heritage X 8 Socio-economic X 9 Accidental risks X 10 Water Course sand Wadis X 11 Biodiversity X 12 Aesthetic X 13 Waste Reduction X Table 8: Environmental Impacts due to the Schools and Cultural Centers Projects Impact No. Environmental Component Positive No Impact Negative 1 Air Quality X 2 Groundwater Quality X 3 Community Water Supply X 4 Public Health and Services X 5 Workers Health and Safety X 6 Dust and Noise Reduction X 7 Cultural and Heritage X 8 Socio-economic X 9 Water Courses and Wadis X 10 Biodiversity X 11 Aesthetic X 12 Waste Reduction X 33 NGO Development Center ESMF PNGO IV-AF Both construction and operation phases involve activities that can be associated with impacts on the surrounding environment and society, which need to be closely monitored. Monitoring responsibilities has to be clear and the monitoring plan has to define who does what, when, where, why and at what costs. The contractor, for example might have responsibilities during the construction phase and liability period. The project owner will have the responsibility for monitoring the contractor compliance, while the Environmental Officer (EO) has the responsibility to ensure overall compliance during the construction and operation phases. Table 9 is an example of project activities identifying potential impacts on the significant environmental and social issues during construction, while Table 10 lists the project activities and potential impacts during operation. Table 9: Project Activities and Potential Impacts during Construction Significant Environmental and Social Issues Project Construction Socio- Cultural/ Air Water Agricultural Activities economic Historical Quality Resources Resources Conditions Resources Demolition X X Removal of Existing X X Infrastructure Heavy Machinery X X X Operation Construction of X X X X Infrastructure Excavations and X X X X X Earthwork Construction of Buildings and X X X Facilities Material X Procurement Waste Disposal (solid, liquid, X X X hazardous, etc.) Wastewater X X X X Disposal Transportation X X X Accidents and Unplanned X X X X Events 34 NGO Development Center ESMF PNGO IV-AF Table 10: Project Activities and Potential Impacts during Operation Significant Environmental and Social Issues Project Construction Socio- Cultural/ Air Water Agricultural Activities economic Historical Quality Resources Resources Conditions Resources Transportation X X Power X X X Generation Water Supply X Solid Waste Collection and X X X X Disposal Wastewater Collection and X X X X Disposal Educational X X Training Production and X X Investments Landscape X X X Irrigation Accident and Unplanned X X X X X Events Overall Project X X X X Development The Contractor shall be responsible to comply with the project specific ESMP to be developed and attached to the bidding documents. He is also to abide to the chance-find protocol outlined and appended to his documents during implementation and the coordination with archeological department or any other department (MEnA for example), when required. Based on experience in previous PNGO projects there are typical concerns during operation of the projects, primarily in the education and health sectors; these include:  Availability of functioning and maintained sanitation facilities; this is to be assessed by NDC during appraisal of the projects  Improper disposal of municipal wastewater; (e.g. establishments such as schools or healthcare units may dispose of their wastewater in percolation pits without conducting an assessment of the surrounding 35 NGO Development Center ESMF PNGO IV-AF environment). It is important to assess its sensitivity and accordingly whether there are potential environmental and/or public health risks. This will also be assessed by NDC during appraisal.  Improper management of generated solid wastes. This usually results in the accumulation of the waste on or around the project premises/area. This is considered failure of implementation of the ESMP. A provision about proper handling, transport, and disposal of solid waste will be included in the ESMP, which is part of the bidding documents. The NGOs and afterwards NDC will be responsible for monitoring and compliance. Annex II is an illustration of potential safeguard risks expected by PNGO IV-AF. It gives sample of negative environmental impacts and mitigation measures for projects that aim at rehabilitating agricultural lands. NDC will have the responsibility of reviewing and assessing the environmental and social impacts and the ESMP of the proposed subprojects. This will be carried out by NDC Project Officer (PO) and EO who have prior experience from previous PNGO projects. The PO and the EO will receive additional environment and social specific training. 36 NGO Development Center ESMF PNGO IV-AF 6. Public Consultation and Complaints Mechanism 6.1 Laws and Regulations relating to Community Participation The PEAP has referred to the stakeholder (any person in his natural or legal capacity with an interest in or affected by a development activity) consultation in two stages: The Initial Environmental Evaluation (IEE) Report; where the policy stated that the stakeholder consultation is optional when undertaking an IEE. In consultation with the proponent and the EA Committee as required, the MEnA determines whether stakeholder consultation is required and, if so, what the minimum requirements should be. It may be required during scoping and terms- of-reference preparation, and during the conduction of the IEE. The Environmental Impact Assessment (EIA) Report; where the policy stated that the stakeholder consultation is mandatory when undertaking an EIA. In consultation with the proponent and the EA Committee, the MEnA determines what the minimum requirements for stakeholder consultation should be. It may be required during scoping and terms-of-reference preparation, and during the conduction of the EIA. At the minimum, the proponent must meet with the principal stakeholders to inform them about the proposed project and to solicit their views about it. More problematic projects should involve more extensive consultations. The methods and results of these consultations must be documented in the EIA Report. 6.2 Environmental and Social Consultation Three project consultation sessions were organized on March 28, 2013 (one for the NGOs of northern West Bank, one for the NGOs of southern West Bank and one in Gaza). The consultations provided feedback on the PNGO IV-AF design and components, as well as on the ESMF. The consultations were conducted by NDC team in addition to the environmental consultant. Participants included a diverse set of stakeholders such as NGOs, CBOs, MoSA, and Municipalities in addition to individuals from the likely targeted areas and stakeholders. More than 60 people attended the different consultations including considerable number of women and youth. Power points presentations were prepared and presented during the sessions. MEnA is to be informed of the meetings and will be provided by the minutes. The consultations were interactive and were highly appreciated by the attendants as they were given the opportunity to contribute to the design of the project and to learn more about the World Bank Environmental and Social Safeguards. The newly proposed coordinated approach to project’s 37 NGO Development Center ESMF PNGO IV-AF implementation was welcomed especially that it maximizes the impact of the interventions on the lives of the beneficiaries. They consultations gave examples of how integrated activities can be designed. Furthermore, the participants welcomed the idea that small and medium size NGOs/CBOs will be targeted and appreciated the criteria that would help identify the poorest and most marginalized communities. The presence of a representative from the MoSA at one of the consultation sessions provided information about the CTP was also very highly welcomed by the participants. The MoSA representative expressed willingness and readiness to provide access to their CTP database to help NGOs with their targeting and the design of their proposals. One issue raised by some of the NGOs who work in several sectors was whether or not they can apply alone for the grants allocated to the Coordinated Approach. It was explained that they still need to partner with other NGOs if they want to apply for the Coordinated Approach. The participants acknowledged the consideration of the environmental and social safeguards and did not raise major concerns regarding the ESMF. It is to note here that PNGOIV-AFand other PNGO projects only include small-scale infrastructure projects, such as household cisterns, house rehabilitation works, and rehabilitation of agricultural roads. The detailed inquiries and comments of the consultations are summarized and annexed (Annex V). The ESMF and the ESMP that will be prepared for the projects are to address the concerns that were raised in the consultations and will be disclosed in Arabic and English on NDC website. 6.3 Grievance Redressal Mechanism The right of the public to complain or grievance has been confirmed by the Grievance and Complaints bylaw that has been approved by the Ministerial Cabinet on 9/3/2005 and that has been updated on 8/3/2009. The Bylaw has regulated the means and tools to settle the complaints of the public and has stated the policies for the improvement of the performance of the Palestinian Ministries and Authorities and other NGOs. This means that the citizens and beneficiaries of PNGO IV-AF can raise their complaints anytime during the construction and operation of the projects and that their complaints must be settled. 38 NGO Development Center ESMF PNGO IV-AF The appropriate partner for the implementation of the Grievance and Redressal Mechanism (GRM) is the project proponent (NGO/CBO). NDC is responsible for working with NGO/CBO for assisting with implementation of the GRM. It advises people on their rights and GRM process throughout the period of project implementation. For minor infringements and social complaints, an incident which causes temporary but reversible damage, the contractor will be given environmental and social note/stop and alert to remedy the problem and to restore the environment. If reviewing the action showed that restoration is done satisfactorily no further actions will be taken, otherwise and if the Contractor has not remedied the situation within 1 day, any additional days of stopping work will not be considered as excused delay. If the remediation is not done during the given time, the NGO and the Consultant has to stop the work and give the contractor an environmental and social note. Financial penalty is applied to the non-complied mitigation measure as depicted in the biding document and the ESMP. If repeating the noncompliance to the ESMP and penalties approximated (3-5%) of the contract value, the NGO will raise the formal recorded environmental and social notes and the deduction history to NDC in order to apply a legal action. The penalty item will be added to the bidding document stating the deduction percentage if there is noncompliance to the ESMP. The ESMP will be part of the bidding documents, which will include explanation of the penalty deduction method (Annex IV) Chance Finds Procedures to be applied in case culturally valuable materials are uncovered during excavation:  Stop work immediately following the discovery of any materials with possible archeological, historical, paleontological, or other cultural value; announce findings to project manager; and notify relevant authorities;  Protect artifacts as well as possible using plastic covers; implement measures to stabilize the area, if necessary, to properly protect artifacts;  Control access to site where finding occurred  Prevent and penalize any unauthorized access to the artifacts; and  Restart construction works only upon the authorization of the relevant authorities. 39 NGO Development Center ESMF PNGO IV-AF 6.4 Complaints’ Mechanism Contact Person to Respond to Complaints: The NDC Grants Program Manager a Social Specialist, will be responsible for managing and reporting to the Bank (i.e. via semi-annual reports) on overall complaints related to the AF. In addition, all NGOs, receiving grants for component 1 and component 2, will assign an officer in the NGO to be responsible for managing complaints related to the grants. Public Awareness of where to Address Complaints: As it is important for the public to be aware of whom to contact in case of a complaint or concern, it was agreed that NDC will provide its contact information (via fax) on promotional materials (website and brochures) as well as in documents related to the Calls for Proposals. For community complaints related to the grants, the NGOs receiving grants will provide their contact information in public places (i.e. brochures, websites, etc.). Irrespective of whether NDC or grantee NGOs/CBOs are responding to complaints, an initial response, that acknowledge receipt of the complaint, will be made within one week and a final response within two weeks after receiving the complaint however, large issues, that require a longer response time, will be granted more time. For issues that cannot be resolved at the local level by the grantee NGOs/CBOs, the NGO will immediately contact the NDC Grants Manager, a Social Specialist, for assistance to resolve the issue. Log of Complaints: For complaints received by NDC or grantee NGOs/CBOs, complaints will be recorded in a log, which details information such as: (1) the date the complaint was received, (2) the date on which the complaint was responded to, (3) reason for the complaint, (4) how the complaint was resolved, (5) when it was resolved, etc. For complaints recorded by grantee NGOs/CBOs, they will provide the log to NDC as part of their quarterly report. 41 NGO Development Center ESMF PNGO IV-AF 7. Environmental and Social Capacity Building The successful approach to safeguards implemented under PNGO IV will be maintained for the AF. Project officers have accumulated a sound knowledge in the World Bank safeguard policies and have supported the NGOs in their efforts to comply with these procedures. Moreover, since the use of an environmental consultant (EO) was successful for PNGO IV, NDC will continue to use an environmental consultant to monitor environmental safeguards issues. Specifically, the consultant in coordination with NDC Project Officers will:  Screen and review all proposed projects in order to identify any that may carry the risk of adverse environmental impacts;  Assign a category to each project in accordance with the Environmental safeguard policies of the World Bank;  Design ESMP for the projects that are classified under Category “B� with the aim of demonstrating proposed monitoring activities that encompass all major impacts and identify how they will be integrated into project supervision;  Train NGOs on proper implementation of the World Bank environmental and social requirements;  Provide support to NGOs as they liaise with Stakeholders, Beneficiaries, and Contractors to carry out similar training; and  Hold field visits to project sites to ensure compliance with the World Bank environmental safeguard procedures. Any cost implications relevant to the development/training will be recorded and will be financed from the grant awarded to the NGO. The mitigation measures and the associated costs will become part of the ESMP for the project which will be monitored during the implementation. Table 11 shows a provision of the proposed training that is seen to be held for the different levels during the project implementation stages. The NDC Grants Manager, a Social Specialist, will participate and act as a liaison with the public for the training sessions with the different target groups as detailed below in Table 11. 40 NGO Development Center ESMF PNGO IV-AF Table 11: Proposed Training Sessions Target Costs Workshop/ Training Sessions By Whom2 Group US $ NGOs - Training session on the planning and LTC contracted Coordinators design of environmental and social by NDC and POs protection schemes. 2,000 - Training session on implementation of LTC contracted environmental and social protection by NDC schemes. Beneficiaries - Training session on implementation of NGOs and environmental and social protection Stakeholders schemes. - An orientation session on the 2,000 monitoring of the implementation environmental and social guidelines and mitigation measures. Contractors Training session on: NGOs - The use of the mitigation form and environmental and social guidelines. - The implementation of mitigation measures. 4,000 - Safety measures for construction workers. - Waste management and cleaning measures during construction. Total (US $) 8,000 2The NDC Grants Manager, a Social Specialist, will participate in the training sessions for the different target groups to act as a liaison with the public. 42 NGO Development Center ESMF PNGO IV-AF Annexes Annex I: The World Bank Safeguard Policies Annex II: Illustration of Potential Safeguard Risks expected by PNGO IV-AF Annex III: Sample Monitoring Plan from PNGO IV Annex IV: The proposed penalty deduction method Annex V: Summary of Public Consultations 43 NGO Development Center ESMF PNGO IV-AF Annex I: The World Bank Safeguard Policies Environmental Assessment (EA) (OP/BP 4.01): The World Bank's safeguard system, including Environmental Assessment, is an essential tool for integrating environmental and social concerns into development policies, programs and projects by providing minimum requirements that all Bank-supported operations meet. The safeguard policies of the Bank are operationalizing the “do no harm� approach and are fundamental in meeting the three pillars of the World Bank Environment Strategy:  Improving the quality of life  Improving the quality of growth  Protecting the quality of the regional and global commons Among the ten World Bank Safeguard Policies, Environmental Assessment (EA), a formal Bank policy since 1989, was the first process to mandate the screening of Bank-funded projects for their environmental and to some extent social impacts. Natural Habitats (OP/BP 4.04): Natural habitats are land and water areas where (i) the ecosystems' biological communities are formed largely by native plant and animal species, and (ii) human activity has not essentially modified the area's primary ecological functions. All natural habitats have important biological, social, economic, and existence value. Important natural habitats may occur in tropical humid, dry, and cloud forests; temperate and boreal forests; Mediterranean-type shrub lands; natural arid and semi-arid lands; mangrove swamps, coastal marshes, and other wetlands; estuaries; sea grass beds; coral reefs; freshwater lakes and rivers; alpine and sub alpine environments, including herb fields, grasslands, and paramos; and tropical and temperate grasslands. The conservation of natural habitats like other measures that protect and enhance the environment, is essential for long-term sustainable development. It is therefore necessary to support the protection, maintenance, and rehabilitation of natural habitats and their functions in its economic and sector work, project financing, and policy dialogue. It is essential to apply, a precautionary approach to natural resource management to ensure opportunities for environmentally sustainable development. Forests (OP/BP 4.36): Forests is as an area of land of not less than 1.0 hectare with tree crown cover (or equivalent stocking level) of more than 10 percent that have trees with the potential to reach a minimum height of 2 meters at maturity 44 NGO Development Center ESMF PNGO IV-AF in situ. A forest may consist of either closed forest formations, where trees of various stories and undergrowth cover a high proportion of the ground, or open forest. Young natural stands and all plantations that have yet to reach a crown density of 10% or tree height of 2 meters are included under forest, as are areas normally forming part of the forest areas that are temporarily unstocked due to human intervention such as harvesting or natural causes but that are expected to revert to forest. The definition includes forests dedicated to forest production, protection, multiple uses, or conservation, whether formally recognized or not. The definition excludes areas where other land uses not dependent on tree cover predominate, such as agriculture, grazing or settlements. The management, conservation, and sustainable development of forest ecosystems and their associated resources are essential for lasting poverty reduction and sustainable development, whether located in countries with abundant forests or in those with depleted or naturally limited forest resources. The objective of this policy is to assist borrowers to harness the potential of forests to reduce poverty in a sustainable manner, integrate forests effectively into sustainable economic development, and protect the vital local and global environmental services and values of forests. Pest Management (PM) (OP 4.09): In assisting borrowers to manage pests that affect either agriculture or public health, the World Bank supports a strategy that promotes the use of biological or environmental control methods and reduces reliance on synthetic chemical pesticides. In appraising a project that will involve pest management, it is necessary to assess the capacity of the country’s regulatory framework and institutions to promote and support safe, effective, and environmentally sound pest management. Cultural Property (CP) (OPN 11.03): The United Nations term “cultural property� includes sites having archeological (prehistoric), paleontological, historical, religious, and unique natural values. Cultural property, therefore, encompasses both remains left by previous human inhabitants (for example, middens, shrines, and battlegrounds) and unique natural environmental features such as canyons and waterfalls. The rapid loss of cultural property in many countries is irreversible and often unnecessary. Indigenous Peoples (OD 4.20): This policy contributes to the World Bank’s mission of poverty reduction and sustainable development by ensuring that the development process fully respects the dignity, human rights, economies, and cultures of Indigenous Peoples. For all projects that affect Indigenous Peoples, it is essential to engage in a process of free, prior, and informed consultation that 45 NGO Development Center ESMF PNGO IV-AF results in broad community support to the project by the affected Indigenous Peoples. The measures to be included are to (a) avoid potentially adverse effects on the Indigenous Peoples’ communities; or (b) when avoidance is not feasible, minimize, mitigate, or compensate for such effects. The projects should be designed to ensure that the Indigenous Peoples receive social and economic benefits that are culturally appropriate and gender and inter-generationally inclusive. The identities and cultures of Indigenous Peoples are inextricably linked to the lands on which they live and the natural resources on which they depend. These distinct circumstances expose Indigenous Peoples to different types of risks and levels of impacts from development projects, including loss of identity, culture, and customary livelihoods, as well as exposure to disease. Gender and intergenerational issues among Indigenous Peoples are also complex. As social groups with identities that are often distinct from dominant groups in their national societies, Indigenous Peoples are frequently among the most marginalized and vulnerable segments of the population. As a result, their economic, social, and legal status often limits their capacity to defend their interests in and rights to lands, territories, and other productive resources, and/or restricts their ability to participate in and benefit from development. At the same time, Indigenous Peoples play a vital role in sustainable development and their rights are increasingly being addressed under both domestic and international law. Involuntary Resettlement (OP/BP 4.12): The experience indicates that involuntary resettlement under development projects, if unmitigated, often gives rise to severe economic, social, and environmental risks: production systems are dismantled; people face impoverishment when their productive assets or income sources are lost; people are relocated to environments where their productive skills may be less applicable and the competition for resources greater; community institutions and social networks are weakened; kin groups are dispersed; and cultural identity, traditional authority, and the potential for mutual help are diminished or lost. This policy includes safeguards to address and mitigate these impoverishment risks. Safety of Dams (OP/BP 4.37): For the life of any dam, the owner is responsible for ensuring that appropriate measures are taken and sufficient resources are provided for the safety of the dam, irrespective of its funding sources or construction status. Projects on International Waterways (OP/BP 7.50): This policy applies to the following types of international waterways: 46 NGO Development Center ESMF PNGO IV-AF  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;  any tributary or other body of surface water that is a component of any waterway described in above; and  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. Also this policy applies to the following types of projects:  hydroelectric, irrigation, flood control, navigation, drainage, water and sewerage, industrial, and similar projects that involve the use or potential pollution of international waterways; and  detailed design and engineering studies of projects, including those to be carried out by the World Bank as executing agency or in any other capacity. Projects in Disputed Areas (OP/BP 7.60): Projects in disputed areas may raise a number of delicate problems affecting relations not only between the World Bank and its member countries, but also between the country in which the project is carried out and one or more neighboring countries. In order not to prejudice the position of either the World Bank or the countries concerned, any dispute over an area in which a proposed project is located is dealt with at the earliest possible stages. 47 NGO Development Center ESMF PNGO IV-AF Annex II: Illustration of Potential Safeguard Risks expected by PNGO IV-AF High Low No PNGO IV-AF Investments risk risk risk Education Construction of classrooms X Teacher housing X Fencing X Provision of classroom furnishings X School supplies and medical kits X Laboratories X Sports fields/recreation facilities X Functional adult literacy activities X Water Supply Water point rehabilitation X Tertiary distribution piping X Rehabilitation of wells and springs X Spring protection X Community reservoirs X Drainage canals X Water harvesting facility X Water treatment plant (house and community units) X Hand pumps and mechanized boreholes X Gravity water schemes X Sanitation and Waste Management Washing facilities X Public toilets/ pit latrines X Sewerage facilities and collection X Sewage treatment units (house and community X units) Soak pits and septic tanks X Waste disposal facility X Solid waste landfill X Wastewater systems X Health Construction of health centers X Healthcare waste management X Dispensaries X Emergency rooms X Maternity clinics X Health control centers X Laboratories X 48 NGO Development Center ESMF PNGO IV-AF High Low No PNGO IV-AF Investments risk risk risk Transportation, Communication and Energy Tertiary and secondary level roads X Primary level culverts and bridges X Footpaths X Rural telephone X Rural electrical distribution X Retaining walls X Public Parks & Recreation Centers Plantation X Swimming pools X Land use X Notes: High Risk: Subprojects will be excluded from PNGO IV-AF Low Risk: Subprojects will be required to prepare ESMP prior to acceptance No Risk: Subprojects will be accepted without conditions 49 NGO Development Center ESMF PNGO IV-AF Annex III: Sample Monitoring Plan from PNGOIV Monitoring & Responsibility Monitoring Procedures and Potential Negative Impact Mitigation Measures Enforcement for Execution Measures Responsibility Lack of comprehensive - Training of farmers on Project - Preparationofsuitabletrainin Project training material and management, optimal use and Management and gmaterialforitsproperuseand Management Team. awareness campaigns to conservation of water agricultural benefitbythebeneficiaries. Agricultural farmers. resources. supervisor. - Regularagriculturalextension extension agent - Training of farmers on the safe visitstothebeneficiaryfarmers Beneficiary use and handling of chemicals andconductingawarenesscam farmers. and fertilizers. paigns - The use of safety measures for the production of harmless product for consumption. Possibility of dumping the Environmental Awareness Project - Substitution by alternative Project construction material Campaigns Management and sub-sites Management Team. waste near the site agricultural - for such purpose; Agricultural neighborhood in an illegal supervisor. - Permitting and licensing by extension agent. way by farmers. relevant legal bodies/ local Beneficiary councils. farmers. Noise due to construction, Working hours and days Contract or - Adjacent communities/ areas Project loading and unloading of complying with the labor law in responsible of complaints Management Team. material from/to the site. Palestine implementation 51 NGO Development Center ESMF PNGO IV-AF Annex IV: The proposed penalty deduction method Environmental and Social Note No ( ) Date NGO Project Name Site Location Contractor The Environmental Note NGO Coordinator Local Technical Consultant Contractor Representative on time of note Submitted to Contractor Representative Submitted to NDC on Hour Date ESMF Compliance Penalty3 Penalty Environmental No and Social Note Stop/Alert 1 1 Stop /Deduct 0.05% for each mitigation measure4 according to the 1 1 project. and minimum 20 Euro Stop /Deduct 0.05% for each mitigation measure according to the 3 3 project. and minimum 20 Euro Stop /Deduct 0.1% for each mitigation measure according to the 4 4 project. and minimum 40 Euro Each 3 notes + deduction: 4+1 5 For example: Stop /Deduct 0.1%+0.5(0.1%) for each mitigation measure according to the project. and minimum 60 Euro If Penalties Rate approach 3% of Contract cost it is recommended to stop work, and send official request to NDC of the proposed action according to bidding documents and procurement manual. 3For Social issues only item number 1 is applied. 4Detailed mitigation measures noncompliance cost is to be depicted in the Bidding Documents based on the project sector and upon screening and review. 50 NGO Development Center ESMF PNGO IV-AF Annex V: Summary of Public Consultations The following table presents some details on the venue of the consultations, the date, the time and the number of attendants. Location Date Time No of attendants Gaza 28/3/2012 10:00 - 10:30 24 Jerusalem and South 28/3/2012 09:00 – 10:30 17 Ramallah and North 28/3/2012 12:00 – 12:30 18 Agenda  Registration  Opening Speech  PNGO IV overview: - Grants’ component - Sector Development component - Environmental and Social Management Framework ESMF/  Discussion Minutes of the Consultative Workshop on the Design of the Additional Funding For the PNGO IV, and the Environment and Social Plan 52 NGO Development Center ESMF PNGO IV-AF Annex V (A): West Bank- Jerusalem and South Area Workshop Date: Thursday, March 28, 2013 Venue: NGO Development Center (NDC), Al-Ram Time: 09:00 – 10:30 a.m. Audience: Palestinian NGOs in Jerusalem and Southern Area: Attached is a list of participants. For NDC: Mr. Ghassan Kasabreh, Ms. Jamileh Sahlieh, Ms. Areej Deibes, Ms. Suhad Makhlouf, Mr. Saed Quzmar, and Ms. Basima Basheer. Minutes of the Meeting Participants were welcomed and introduced. NDC team gave an overview About the new World Bank Project (Additional Financing); whereas the current PNGOIV funded by the World Bank and the French Agency is approaching its end, the World Bank expressed its interest in the additional financing. This meeting is held to discuss the basics, objectives, and drafting of the project, in order to come up with the design, period, components, and sub-components, as well as the environment and social evaluation of the project. After the introduction, there was a Power Point presentation about the proposed project, as well as presenting the Environment and Social Management Framework/ Environment and Social Impact Assessment. Discussion: The Discussion of the NGOs focused on the following themes:  Palestinian Wild Life Society NDC team was thanked for the support given to the society through the partnership grant with the municipalities. The team received an invitation to visit the society. Questions and Discussion 1. What are the four Umbrella Networks? 2. Can NGOs communicate and outreach with each other and apply for different grants directly to NDC, or through the networks? 3. There is a big emphasis on environment, what is the direction of this management? What are the sustainability concepts for these projects? Does it have a strategic framework within the direction of the World Bank? For example, landfill for waste has environmental impact, and there were problems with official entities about this matter recently. 4. Through our experience with Culture and Heritage, the Ministry of Tourism and Antiquities (MOTA) must be a partner in the projects, in order to avoid problems. Is work going to be in marginalized areas and not in main cities? 53 NGO Development Center ESMF PNGO IV-AF Answers 1. Umbrella Networks: Networks (General Association for societies and organizations, the National Commission, Non-Government Organization Network) Most organizations are members in an Umbrella Network. 2. It is possible for any organization which is not a member in the umbrella network to benefit from the grants offered by NDC. Further, it can communicate directly with the Center. However, part of the job will be through the network. 3. Environment Management: The talk is about the projects which will be funded by the Center. It is important to have a plan to manage any impact resulting from these projects. Most projects do not have environmental impacts. However, there are some projects which have environmental impact such as agricultural projects. Further, NDC assists NGOs on how to manage the environment plan. 4. In general, NDC encourages NGOs to coordinate with relevant ministries, particularly in this project. Coordination and cooperation has a great impact on the nature and implementation of the project. It is necessary to coordinate and cooperate with local councils and not only with government ministries and departments. Further, it is important to coordinate with and engage the private sector in this project. Regarding environment, culture, and heritage, coordination shall be conducted with the Ministry of Tourism and Antiquities in projects that have environmental impact. It is worth mentioning that projects which will be implemented have relatively little impact, and not huge ones, like building dams. 5. Focus will be on marginalized areas. Therefore, the poverty map and cash transfer program at the Ministry of Social Affairs will be used, in order to target the most marginalized and poor categories.  Psychological and Social Counseling Center for Women Question: What are the priorities for this project? Does it depend on priorities for each sector? Consortium is a good and fruitful approach (For example, we target Arab Al- Rashaydeh in Hebron, so we work with women, deal with the anemia problem, and other health problems. On the economic side, in relation to poverty, need to manage economic resources, and work with the disabled). Does this mean targeting a specific community by more than one organization, in order to provide comprehensive service? Answer: Yes, this is what the new project strives to achieve, which is targeting a certain geographical area by several organizations which provide different services that are needed by the area. Also, it targets several categories within 54 NGO Development Center ESMF PNGO IV-AF one community. This means provision of integrated services which meet the needs of beneficiaries, as well as maximize the anticipated impact of the project for the benefited categories. This is the direction of the World Bank in the current project, where different organizations can work together through joint coordination, to provide complete and quality services. This is an opportunity to work in areas and sectors which need to be worked on.  Psychological and Social Counseling Center for Women Question: I see that South of Hebron, and southeast of Bethlehem are marginalized. This also applies to the northern area as evident from the field work and data from the Palestinian Central Census Bureau. We have noticed through our field work that Musafer Yatta village has comprehensive needs. Is this different for some organizations which work in a professional manner? Answer: We appreciate this intervention and its content, and reiterate that work will be done in an integrated and complete manner throughout the project. Several and different services will be provided to the same community. This will maximize the anticipated impact, in addition to focus on the poorest areas to ensure provision of services to community which have priority and real needs.  Al-Ribheiah Society Suggestion: I suggest that the CV “profile� of the organization and success stories be taken into consideration. A consortium is not always a positive thing, because disputes might occur sometimes. Question: Is it possible to implement projects that have economic revenue for the organization to ensure its sustainability? Question: Will the NGO become under the umbrella of NGOs if it signs the Code of Ethics? Answer: The projects to be implemented are service project to serve the categories of society, i.e. provide them with these services (poor, marginalized category). The project is not an investment type for the organization. It is also a good note that a certain project might serve a category better than a consortium. The concept of the consortium is that work is done jointly by more than one organization which has different specializations and provides various services. This will maximize the impact on the benefited categories by encouraging team work. This is the intent of the World Bank in the additional funding project. 55 NGO Development Center ESMF PNGO IV-AF Answer: Umbrella networks were given this name, because they include a large number of organizations. Further, signing the Code of Ethics does not necessarily mean joining these networks. There are procedures to join the networks. We encourage this, because joining the networks opens larger horizons for the organization such as technical assistance.  Women Studies Center Question about criteria: Are any activities related to training and workshops not acceptable. Answer: The intent is not to accept any project that has training conferences, and grants as its core and only activity. It is natural that any project will involve training and workshops. This is acceptable within the activities of the project.  Qader Organization Question: There are previous experiences which needed sustainability and continuation like work with disabled people. So, is submission of investment projects (to guarantee continuation) acceptable? We have worked with municipalities which opened centers, and simple investment projects were opened to operate the centers. Is this possible? Example: Denmo-meter project in Yatta village. Answer: It is a good idea, but we reiterate that the new project is based on delivering services to the poorest categories and who are in dire need. This is the focus of the project. However, the concept of projects which have financial revenue is another subject. It is possible for the organization to apply for a grant, and then the proposal will be studied if it includes this type of activities.  Psychological and Social Counseling Center for Women Question: What is the nature of coordination with ministries? Answer: Coordination shall be made with the concerned ministry which is relevant to the service provided by the project. Some projects focus on youth, agriculture, or health. This depends on the nature of the project. We have previously worked with some ministries. For example, we have coordinated with the Ministry of Social Affairs in the project of battered women (victims of violence) because it is the relevant ministry. This project funds Non- Government Organizations and not municipalities or ministries. However, cooperation is very important, as well as coordination with municipalities and local councils because they work with the local community. 56 NGO Development Center ESMF PNGO IV-AF  BeitUla Club Question: Is it possible to benefit from the Additional Financing in Complementary Funding? Is it also possible to target the same categories which have been targeted by the PNGOIV? Answer: This is a new project named Additional Financing from the World Bank. It has been explained that the project does not fund completing an existing project or retroactive costs.  Qader Organization Strategic Framework: Must the project be under a strategic framework for umbrellas? Also, each organization has a strategic plan. We might have a strategic objective which does not comply with the plan and objectives of the network. How can we put things in parallel? Answer: Part of the thinking process and indirect coordination is to know the basic plans of the organization and how far they are compatible with the national plan. The strategic framework is general guidelines, which strives for stronger NGOs, good relations, and improve quality of services. They are general objectives and not detailed ones. Therefore, it is difficult for this framework not be compatible with the strategic direction of NGOs. Therefore, we encourage organizations to review the strategic framework of the networks, which will be distributed later. It will be launched on 11/04. Regarding the national plan, it serves the interests of all. It is not likely to have an organization which has different direction from it. The objective is to be under the strategic framework, and not to work according to funders.  Burj Al-Laqlaq Question: Is it possible to communicate and reach out after this session. Answer: we are in a preparatory phase. In August, we will announce the projects in local press and by other means. Usually, orientation sessions will be conducted to assist organizations to apply. The sessions will take place before the announcement, in order to help organizations and familiarize them with the submission process of proposals. 57 NGO Development Center ESMF PNGO IV-AF  Hayat Bareiah (Wild Life) Society We have not received anything from the portal for a while! Invitation to the team to visit the organization! Answer: Al-Masader portal is under update. There is a change from one server to another. Shortly, we will work again on it. The nature of work implies that some of the team works in the office, and others work in the field. We confirm the importance to communicate with organizations. Thanks for your attendance List of Attendances 58 NGO Development Center ESMF PNGO IV-AF 59 NGO Development Center ESMF PNGO IV-AF Annex V (B): West Bank- Ramallah and North Area Workshop Date: Thursday, March 28, 2013 Venue: NGO Development Center (NDC), Al-Ram Time: 12:00 – 13:30 a.m. Audience: Palestinian NGOs in Ramallah and Northern Area: Attached is a list of participants. For NDC: Mr. Ghassan Kasabreh, Ms. Jamileh Sahlieh, Ms. Areej Deibes, Ms. Suhad Makhlouf, and Mr. Saed Quzmar. Minutes of the Meeting Participants were welcomed and introduced. NDC team gave an overview about the new World Bank Project (Additional Financing). Whereas the current PNGOIV funded by the World Bank and the French Agency is approaching its end, the World Bank expressed its interest in additional financing. This meeting is held to discuss the basics, objectives, and drafting of the project, in order to come up with the design, period, components, and sub-components, as well as the environment and social evaluation of the project. After the introduction, there was a Power Point presentation about the proposed project, as well as presenting the Environment and Social Management Framework/ Environment and Social Impact Assessment. Then, a presentation was made by the Ministry of Social Affairs about the Cash Transfer Program as follows: - There is a National Database that contains 150,000 poor families - There are 300 Researchers at the Ministry to visit families and update information. There is a form which addresses all requirements and conditions of the family. - A new form has been developed which takes into consideration any agricultural resources that can be invested, in order to boost the income of poor families, as well as other variable of the family. - The Ministry of Social Affairs is keen to open the door for partnerships in the development field with NDC and Palestinian NGOs, and enable them to have access to information available at the Ministry. - We worked towards strengthening the relationship with the Palestinian Central Census Bureau, and called to work with all - The Ministry is very interested to sustain communications with NDC and NGOs operating in the social services field. - The Ministry strives to reach all poor and disabled people without exception. We try to reach 20% of those who falls within the error margin (errors of exclusion 61 NGO Development Center ESMF PNGO IV-AF and inclusion), and not listed in the system of the Ministry. An amount between NIS 250- 600 is paid in cash every 3 months for (senior, disabled, and women). Questions and Discussion  Elia NGOs Question: Will NGOs participating in the workshop be the only beneficiaries from the program, or will other NGOs benefit from it as well? Answer: This is a consultative process with current partners and other NGOs which have experience in providing social services to the poor and marginalized people. The purpose is to present ideas and concepts to design and draft the project, and to specify the geographical areas which are in dire need, in addition to determine the direction and mechanisms of work. The grant will be announced later in the press and in other locations. Question: Are there services for the elderly people, or is there a possibility for this provision, because there is lack of work in this particular area Answer: Out of the 23 NGOs we currently work with in the PNGOIV, we worked with 3 NGOs which focus on elderly people. This reflects our interest to provide services for this category. Accordingly, we may target this category in the new project  Biara NGO Question: Will the valleys (Aghwar) be targeted? Are you going to work with CBOs? Answer: The valleys are within the geographical areas which have been chosen to work within the new program. Focus will be on women, youth, elderly, and disabled people. Further, focus will be to work with grass root NGOs in these projects, provided that they are officially registered. Consortiums will give them the opportunity to participate with bigger NGOs to manage projects.  Palestinian Red Crescent Society Question: In case there is an NGO which does not meet the criteria to receive funding, is it possible for such NGO to be part of the consortium partnering NGOs, and under the management of a major and big NGO? Answer: There are basic criteria (such as officially registered by the Ministry of Interior), which must be met in order to accept the NGO. It will not be acceptable to give a grant to an NGO which does not meet such basic criteria. However, 60 NGO Development Center ESMF PNGO IV-AF implementation of the project shall be based on a Consortium that includes more than one NGO which participate in implementation. Such NGOs will vary in terms of size, scale, and roles. However, they will be medium-size NGOs. Therefore, there is no minimum amount or budget for each NGO in the consortium. There is only a ceiling for the budget allocated to each NGO, which is a minimum of $150.000, and a maximum of 500.00 for the whole consortium.  Beit Al-Musinin (Aged People House) Society Question about funding: Is it possible for an NGO which obtained funding from NDC PNGOIV to submit within a consortium to obtain a grant? Answer: Each NGO which meets the criteria and conditions to be accepted, shall have the right to apply for a grant within the new project. However, the organization shall not submit more than one application.  Palestinian Red Crescent Society Question: How can the Red Crescent be approved? Does each department of the society represent an organization? Or is it considered as a big organization which includes sub-departments, where it will be dealt with as a consortium? Answer: The Red Crescent is a big organization. Currently, there is no idea about how to deal with it. Any proposal submitted by the society or by any other organization of the same size and department shall be studied. Later, a session shall be convened to introduce the project, and mechanisms of submission for the project, to enable them apply with clear understanding  Women Affairs Technical Committee Can we as a committee which includes 7 organizations within our framework apply as a consortium? Answer: Each organization listed under the consortium will be dealt with as an independent NGO from each other, because it has its own registration. These organizations form with their different specialization a consortium that can submit a proposal.  Women Development Society Question: How can we overcome the salaries problem in this project, particularly given there is scarcity of funding and there is no Core Funding? Answer: NDC team will give guidance on how to prepare the project’s budget mainly to define the main budget line items and the eligible costs to include. 62 NGO Development Center ESMF PNGO IV-AF  Pyalara NGO Question: How far is the overlap between NDC and other institutions, such as OCHA? Answer: NDC works with NGOs directly through various grants in the Center. NDC has a clear policy and mechanism regarding grants.  Palestinian Red Crescent Society Question: Red Crescent is a big organization which has branches. Is it possible to submit a project in the West Bank and another one in Gaza strip? i.e. work with a geographical dimension in the same project? Answer: It was explained that there will be projects to be implemented in the West Bank and Jerusalem, as well as projects to be implemented in Gaza. What is meant by geographical area in the project is that focus will be on a specific geographical area, where work will be implemented by a consortium or a collation of NGOs. This will maximize the impact; meet different needs of the community by providing different services which are really needed. For example, Al-Mashariq area in Nablus governorate is a geographical area which includes specific number of villages in the same vicinity. Further, it is difficult for an organization to implement a project in the West Bank and Gaza which are geographically separated with the budget allocated for each organization in the consortium.  Women Union Society Question: Women Union has several institutions under its framework, such as Andaleeb College, Aytam “Orphanage�, but they all have one license, which is the Union Society. Answer: They will be dealt with as one society because its official registration at the ministry indicates so. This also applies to the Patients’ Friends Society in Jenin which has several organizations under it, but they are all under the umbrella of the society, and have one official license “registration�.  Elia Organization for Youth Question: Is there any emergency financial aid in this project? Answer: There is no emergency cash aid. The project consists of grants granted to organizations which will implement the project, as well as activities and services for the targeted areas and categories. 63 NGO Development Center ESMF PNGO IV-AF  Health Work Committees Union Question: Is it possible to employ a person and invest in him through the technical assistance program? Answer: In the new project, technical assistance will have several levels and without duplication. Focus will be on capacity building for the organization in administrative and financial areas, and other needs of the organization as explained in the presentation which has been made.  Qader Organization Question: What is meant by the concept of social services for the marginalized people, and what is the definition of this concept? Is it possible to provide services to multiple categories simultaneously (merge categories)? Answer: Definition of the concept and nature of services provided to beneficiaries will be done later of course. This shall be in accordance with the projects which will be implemented, as well as determining geographical areas and benefited categories. Merging is what the current project is doing now. As we explained, work shall be done in a specific geographical area, which will be targeted by several services that meet the needs of the area and the targeted categories. This means that partnering organizations complement each other’s work in providing services in order to achieve good and real impact and results on the ground, which is what is unique about the current project.  Elia Organization Question: Is it possible to merge several organizations in order to provide and improve one service to the same category? For example, a youth organization working with the aged in Jerusalem! Answer: There are no specific sectors in this project. However, there is diversity in services and sectors, which enriches the project, improves the anticipated results, and gives it a tangible importance. Thanks for your attendance 64 NGO Development Center ESMF PNGO IV-AF List of Attendances 65 NGO Development Center PNGO IV-AF 66 NGO Development Center PNGO IV-AF West Bank Workshops 67 NGO Development Center ESMF PNGO IV-AF Annex V (C): Gaza Workshop Date: Thursday, March 28, 2013 Venue: NGO Development Center (NDC) – Gaza Time: 10:00 – 11:30 a.m. Results of the Consultative Workshop on the Design of the PNGOIV-AF The workshop was opened by the Program Manager – Gaza Mr. Alaa’ Al- Ghalayini who welcomed and introduced the audience who represented NGOs and Mayors. There was a PowerPoint presentation to introduce the PNGOIV-AF financed by the World Bank. Another presentation was made on the Environment and Social Management Framework/ Environment and Social Impact Assessment. Discussion focused on the following questions: First Group - Questions/comments Raised by NGOs Bayader NGOs: - Are there any problems or limitations on dealing with municipalities? Answer: is NO - Do big NGOs have better and higher chances to obtain such project? Particularly that there are few big NGOs, while there is huge number of small NGOs, which reduces their chances to win the project? Answer: – It all depends on the proposal submitted and the need for the suggested project) - Opportunities to obtain funding were reduced after the war on Gaza. This has weakened the budget of NGOs, particularly that Donors implemented their projects by themselves only. Donors used NGOs in order to obtain list of beneficiaries, and gave NGOs small amounts as administrative expenses? Answer: Will look into this issue - Are there successful projects for partnerships with municipalities during the past years? Answer: Yes: NGO + Khuza’ municipality Palestinian Development and Environment Protection NGOs - Is it possible for the project to be one NGO implementing the project in partnership with the municipality? Answer: (Minimum two NGOs, and may add a municipality) - Will the grant be divided equally among the partnering NGOs? 68 NGO Development Center ESMF PNGO IV-AF Answer: (No. It shall be according to the submitted budget and the nature of activities for each NGO). Female Graduates NGO - Partnership with a municipality to construct a building, which will be owned by the municipality, where the NGO will not benefit from it after the completion of the project? Answer: (The objective of the NGO and the Municipality is to serve people). - Are there criteria for partnership with the municipality, such as work with Nusayrat or Gaza Municipality? - Answer: (No specific Criteria). Cancer Patients Friends - Is it possible to repeat a previous project? Answer: (It depends on the Need – Is there a need for such project or not) - When the criterion to select NGOs is based on budgets, then NGOs which provide medicine below 600 thousand will not be considered. Answer (This shall be taken into consideration). Youth without Borders Forum - Will work on parts of the needs specified in the strategic plan of the municipality? Answer (This will strengthen the project) - How work will be done with partners from the financial aspect? Answer (There will be a general and comprehensive budget for the project, and other budgets for each NGO, as well as detailed work plans for each NGO) - Regarding the criteria to select NGOs, Is it required to submit budgets since the establishment of the NGO, or just for a specific period? Answer (Usually, it is required to submit expenditures for the last three years) - NDC targeted big and medium size NGOs in the past. The situation is different now. Are you going to use the same and previous criteria in the selection of project Answer: NDC usually have different criteria for different types of grants. It all depends on the criteria that NDC will publish. As It had said before, the additional finance will target small and medium projects - A project which involve partnership among five NGOs, how the leading or the responsible NGO will be selected? 69 NGO Development Center ESMF PNGO IV-AF Answer: (There will be no leading NGO. Each NGO will have a role, and will organize its work in accordance with its role in the work plan. From administrative point of view, a contact person will be assigned to follow up with NDC when invitations or instructions are sent, so that he will disseminate them to partnering NGOs) Um Al-Naser Agriculture NGOs - If the project is for children and women, and a partnership is made with a kindergarten - Answer (Kindergarten must be officially registered and an affiliate of the NGO). - In case the area has only one NGO, how it can have a partnership? - Answer (It is possible to work with other NGOs outside the area, but have experience in the nature of the required intervention). Community Media Centre - Will each partnering NGO receive funds on its own bank account or funds will be transferred to the bank account of the main partner? - Answer (Each NGO shall have a bank account for the project) - Are there considerations for areas such as a refugee camp or a city? Answer (certain tools shall be used in needs assessment and targeting areas such as report of the Census Bureau, poverty maps, Mechanism of providing cash and financial assistance by the Ministry of Social Affairs). - Is the selection criteria of NGOs will be according to budgets? particularly that there are NGOs which have a budget of 50 thousand, while the Union has 250 thousand. Answer: (This subject will be studied, but the most important thing is the previous experience of the NGO in handling and managing funds). - How the NGO will benefit from training and technical assistance? Answer: (Training by Program Officer on procurement, financial and administrative issues related to the grant of the World Bank, as well as technical assistance on the Code of Ethics). Balsam Community Rehabilitation NGO - Does NDC have a relationship in the selection of partners? - Answer: (The NGO has the choice to select its partners, NDC has no relationship in this regard) - Partnering NGOs must have similar objectives and nature of work - Answer: (Not necessarily, but their work shall be related to serve the targeted category) 71 NGO Development Center ESMF PNGO IV-AF - This an initial meeting for consultation, when is the next meeting? - Answer: (It will be announced in the newspapers, and will be large to present the program. However, the meeting today is to help NDC finalize the project). Cultural Forum for Youth - What are the criteria for the projects which will obtain funding? - Answer: (compliance with the terms and conditions of the grant. The submitted project must have clear objectives, clear work plan, and logical budgets...). 1. Second Group: Questions Raised by Municipalities: Al-Fakhari Municipality - The strategic work plan of the municipality has been developed in participation with the local community, based on the needs of the municipality and the community. The concept of the project and partnership with the municipality is good. - Answer: (Partnership between NGOs and the municipality increases the percentage of success for the project when there is harmony and agreement with the strategic plan). - Targeted categories for the partnering NGOs are different? - Answer: (Work will focus on one specific category such as disabled child, or family of a disabled child)> - How the communication process will proceed after this session? - Answer: (This workshop shall be followed with other workshops. Once implementation starts, an announcement will be posted in the press, and a large-scale workshop will be organized) Al-Masdar Municipality - Is it possible to have a partnership between the municipality and sports clubs Answer: (yes, if it is officially registered). Al-Shoukah Municipality - Municipalities will not have a share in the budget of the project? - Answer: Yes, because the municipality will benefit from grant of the Municipalities Fund which is funded by the World Bank. 70 NGO Development Center ESMF PNGO IV-AF Um Al-Naser Municipality - There are NGOs which have a legal character, has activities and role in the society, but not registered. Can such NGOs partner with a municipality? - Answer: (The NGO must be officially registered and has a legal character). - How many projects are anticipated to obtain funding? - Answer: (The value of the grant is 5 million. The share of Gaze might be 1.2 million US Dollars. Number of project will depend on the nature of budgets for submitted projects. Thanks for your attendance 72 NGO Development Center ESMF PNGO IV-AF List of Attendances 73 NGO Development Center ESMF PNGO IV-AF Gaza Workshop 74