TONGA GRM GUIDANCE May 2020 Kingdom of Tonga TONGA CLIMATE RESILIENT TRANSPORT PROJECT II (P176208) Contingency Emergency Response Component ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK MINISTRY OF INFRASTRUCTURE August 2021 TCRTP II CERC ESMF August i TCRTP II CERC ESMF August Contents Document and version control................................................ Error! Bookmark not defined. Abbreviations and Glossary .................................................................................................. iii Executive Summary .............................................................................................................. iv Introduction ...................................................................................................................... 1 1.1 TCRTP II overview .................................................................................................. 1 1.2 Scope ...................................................................................................................... 1 1.3 Objectives ............................................................................................................... 2 CERC Scope .................................................................................................................... 3 2.1 CERC Positive List .................................................................................................. 4 2.2 CERC Negative List ................................................................................................ 4 Impact assessment and management .............................................................................. 5 Institutional arrangements .............................................................................................. 11 Grievance redress mechanism (GRM)............................................................................ 12 ii TCRTP II CERC ESMF August Abbreviations and Glossary CSS Contractor Site Supervisor CSU Central Services Unit (MOF unit supporting WB Project implementation) DOE Department of Environment EA Executing Agency EAP Emergency Action Plan EHS Environmental Health and Safety EOC Emergency Operating Centre E&S Environmental and Social ESF Environmental and Social Framework ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plan ESS Environmental and Social Standard GBV Gender Based Violence GoT Government of Tonga GRM Grievance Redress Mechanism GRS Grievance Redress System IDA International Development Association Ministry of Meteorology, Energy, Information, Disaster Management, Environment, Climate MEIDECC Change and Communications MLNR Ministry of Lands and Natural Resources MOF Ministry of Finance MOH Ministry of Health MOI Ministry of Infrastructure NEMC National Emergency Management Committee NEMO National Emergency Management Office OHS Occupation Health and Safety OM Operating Manual (for the CERC) PM Programme Manager (CSU) POA Plan of Action PPE Personal Protect Equipment TOR Terms of Reference TCRTP II Tonga Climate Resilient Transport Project II WB World Bank iii TCRTP II CERC ESMF August Executive Summary This document provides an Environmental and Social Management Framework (ESMF) to address environmental and social E&S risks relating to Component 4 - Contingent Emergency Response Component (CERC) of the Government of Tonga (GoT) Tonga Climate Resilient Transport Project II (TCRTP II). This document addresses the requirement for a CERC ESMF to be completed, approved by the World Bank and disclosed as a part of TCRTP II appraisal by the World Bank board for Project approval. In particular, this ESMF: • Identifies indicative CERC-related activities with a positive (acceptable) and negative (not acceptable) list of activities that can be undertaken by the CERC funding. • Identifies broad potential impacts and risk associated with the implementation of activities under the positive list. • Sets out measures/plans to reduce, mitigate and/or offset adverse impacts and risks. In order for the CERC activities to comply with the requirements of the World Bank Environmental and Social Framework (ESF) the positive and negative list has been developed to provide guidance on critical imports and/or for emergency works, goods or services which may be eligible for financing. However, this list does not preclude the addition of other activities that are not on the list that could be included with agreement with the WB in response to event characteristics and appropriate mitigations. CERC positive activities include (but are not limited to): • removal and disposal of debris from roadways; • re-establishment of drainage systems damaged by the event; • repair/reconstruction of streets, roads, bridges, transportation and other infrastructure; • re-establishment of telecommunications infrastructure; • stabilisation of heavy coastal erosion; • revegetation; • hazardous waste removal; • provision of water and rehabilitation of water infrastructure; and • land and sea transport of fuel. A range of E&S impact mitigation measures have been recommended to facilitate these activities including developing Environmental and Social Management Plans (ESMP) where the scale of works and associated E&S impacts and risks warrant it. iv TCRTP II CERC-ESMF Draft August Introduction The Government of Tonga (GoT) has requested funding for the Tonga Climate Resilient Transport Project II (TCRTP II- also referred to as the “Project”) under the World Bank (WB) International Development Association 19 (IDA19) grant. The implementing agency (IA) for the TCRTP II is the Ministry of Infrastructure (MOI). If the CERC is activated the Central Services Unit (CSU) from the Ministry of Finance (MOF) will manage the CERC implementation. This document, the Contingency Emergency Response Component (CERC) Environmental and Social Management Framework (ESMF), has been prepared to assess the potential environmental and social (E&S) impacts and risks associated with Component 4 of the TCRTP II. This document provides the impact and risk framework that will be used in the event Component 4 (hereafter also referred to as the “Component”) CERC is activated. 1.1 TCRTP II overview The TCRTP II project includes the following four components, with funding to be refined during project preparation: i. Component 1: Capacity Building on Transport Planning and Policies. This component will provide technical assistance to strengthen planning and policies in Tonga’s transport sector. ii. Component 2: Climate Resilient and Safe Infrastructure Solutions. This component involves feasibility studies, detailed design and physical works for identified road, aviation and maritime assets to improve their climate resilience and safety. iii. Component 3: Project Management. This component will provide funding to support project management and implementation. iv. Component 4: Contingency Emergency Response Component (CERC). Due to the vulnerable nature of PICs to climate change and severe weather events, even with successful implementation of the first three components, supporting post-disaster recovery remains an important feature of TCRTP II. This component is designed to provide swift response in an event of an Eligible Crisis or Emergency, by enabling Tonga to request the World Bank to re-allocate project funds to support emergency response and reconstruction. 1.2 PMUPMUScope The CERC Project Operating Manual (POM) which will be developed during project implementation will detail the circumstances under the Financial Agreement for the TCRTP II in which the CERC may be triggered. The usual measures to be taken for proper and efficient implementation of the CERC prior to any financing of activities are: a) Make a declaration that an Eligible Crisis or Emergency1 has occurred and obtain the WB’s written agreement with such determination. 1For the purpose of this CERC an “Eligible Crisis or Emergency” is defined as’ an event that has caused, or is likely to imminently cause, a major adverse economic and/or social impact associated with natural or man-made crises or disasters 1 TCRTP II CERC-ESMF Draft August b) Establish adequate implementation arrangements, satisfactory to the WB, including staff and resources for implementation of said activities. c) Prepare and disclose all E&S documents required under this ESMF for said activities, if any, and implement any actions which are required to be taken under said documents, in accordance with the provisions of the Financial Agreement. In accordance with the WB’s ESF, TCRTP II is classified as having Substantial Risk. Since the emergency activities financed under the CERC are likely to be related to emergency provision of critical goods, it is expected that those activities will have Low Risk and therefore would require no environmental screening or assessment work. However, some CERC activities could include demolition, removal, repair or reconstruction of damaged public infrastructure, clearing of debris, or other activities, which could have potential negative impacts if not mitigated, and would therefore fall into the Moderate Risk category. It is even possible that there may be exceptional cases where a proposed activity would involve work in highly ecologically sensitive areas, potentially affecting physical cultural resources, or require acquisition of substantial areas of land either temporarily or permanently for reconstruction work or relocation of a vulnerable population. In order for the CERC activities to comply with the requirements of the WB’s ESF, the activities for financing under the CERC will be identified in an Emergency Action Plan (EAP). The activities will be subject to a review by E&S specialists to determine if they are eligible under the ESF and compliance procedures used by the MOI for all activities financed under the TCRTP II. This will allow the possibility to exclude certain activities if the E&S impacts and risks are too great, or to include appropriate mitigation measures for a proposed activity if feasible. 1.3 Objectives The objective of this document is to identify the minimum E&S requirements for implementing CERC-related actions. The ESF defines an ESMF as: “…..an instrument that examines the risks and impacts when a project consists of a program and/or series of subprojects, and the risks and impacts cannot be determined until the program or subproject details have been identified. The ESMF sets out the principles, rules, guidelines and procedures to assess the environmental and social risks and impacts. It contains measures and plans to reduce, mitigate and/or offset adverse risks and impacts, provisions for estimating and budgeting the costs of such measures, and information on the agency or agencies responsible for addressing project risks and impacts, including on its capacity to manage environmental and social risks and impacts. It includes adequate information on the area in which subprojects are expected to be sited, including any potential environmental and social vulnerabilities of the area; and on the potential impacts that may occur and mitigation measures that might be expected to be used.” In particular this ESMF: • Identifies indicative CERC-related activities with a positive (acceptable) and negative (not acceptable) list of activities that can be undertaken by the CERC funding. • Identifies broad potential impacts and risk associated with the implementation of activities under the positive list. • Sets out measures/plans to reduce, mitigate and/or offset adverse impacts and risks. 2 TCRTP II CERC-ESMF Draft August CERC Scope This section describes the scope of potential CERC related works. The CERC is designed to provide swift response in the event of an Eligible Crisis or Emergency through a portion of the undisbursed Project funds to address immediate post-crisis and emergency financing needs. The CERC may be used following natural disasters or other crises and emergencies allowing funds to be reallocated from other Components of the project. In the event of an emergency event, it is not anticipated that a reallocation of Project funds will cause serious disruption to Project implementation. Disbursement of emergency financing under the CERC will be contingent upon: a) The recipient establishing a link between the eligible crisis or emergency (hereafter referred to as the “event”) and the need to access funds to support recovery and reconstruction activities. b) Submission to and no objection granted by the WB of an Emergency Action Plan (EAP). The EAP will include a list of proposed activities, procurement methodology and identification of potential E&S impacts and risks that are particular to the event and proposed activities including mitigation strategies proportional to the risks. The WB, through the no objection process, will closely examine the nature of the proposed activities, particularly those involving civil works, to confirm: a) That they are not prohibited under the negative list. b) That the recipient is aware of the required E&S compliance documentation before initiating the process by which the proposed activities will be prepared and implemented. Emergency activities financed under the CERC will involve financing provision of critical goods or emergency recovery and reconstruction works and it is likely these will fall into the Moderate or Low Risk category of the ESF. Activities that are Low Risk could involve procurement of emergency supplies such as medicine and water and do not require the application of any additional E&S assessment or mitigation. Activities that have a Moderate Risk could involve the removal of waste (particularly any hazardous waste such as asbestos) and emergency repairs of buildings and other infrastructure. Preparation of the EAP will have regard to this ESMF and, if required, additional E&S documents may require WB approval prior to commencement of activities. Importantly, the EAP will need to include procedures for: a) Disclosure of documents. b) Integration of mitigation measures and performance standards into contracts. c) Supervision/monitoring and reporting measures to ensure compliance. In order to ensure that CERC activities comply with the requirements of the WB ESF, a positive and negative list has been developed to provide guidance on critical imports and/or for emergency works, goods or services which may be eligible for financing. 3 TCRTP II CERC-ESMF Draft August 2.1 CERC Positive List The following will be deemed eligible CERC related activities, subject to each activity being covered by way of mitigation measures as set out in Section 3 of this ESMF. a) Debris removal i. Clearance of debris from roadways, such as; vegetation, large trees or tree members, debris from work sites or from structures demolished/damaged during the event, abandoned vehicles, sunken vessels that may be obstructing marine transport facilities. ii. Remove and disposal of debris associated with any eligible activity iii. Re-establishing drainage systems damaged by the event. b) Rehabilitation of transport infrastructure, that has been damaged during the event i. Repair or reconstruction of; streets, roads, bridges, wharfs and any other essential transport infrastructure damaged by the event. c) Provision of emergency community shelters i. Repair or reconstruction of essential shelters including; schools, hospitals or medical clinics, emergency operating centres or any other Government or non- government infrastructure essential to the emergency response. d) Utilities i. Re-establish and repair urban or rural utility infrastructure including, telecommunications, electricity, water and any other essential service. ii. Desalination of Water iii. Delivery of water to areas that are cut-off e) Coastal Erosion i. Stabilise heavy coastal erosion. f) Revegetation i. Replace vegetation destroyed by the event using appropriate native or non- invasive species or repair/mitigate damage caused by the event to a protected area or buffer zone (such as mangroves). g) Hazardous waste removal i. Removal of hazardous wastes including asbestos containing materials from selected sites. ii. Construction of a secure temporary hazardous waste containing facility and appropriate disposal. h) Fuel i. Supply and storage of fuel for essential land, sea and air transport and generation of electricity. 2.2 CERC Negative List The following will be deemed not eligible for financing under the TCRTP II CERC. a) Activities of any type classifiable as “High” risk pursuant to the World Bank’s Environment and Social Standard 1 (ESS1) of the Environment and Social Framework (ESF). 4 TCRTP II CERC-ESMF Draft August b) Activities that in any way cause substantial adverse social or economic impacts on a community or infringe their civil and/or human rights. c) Activities that involve the significant conversion, clearance or degradation of critical natural habitats, forests, environmentally sensitive areas, significant biodiversity and/or protected areas. d) Activities that will cause, or have the potential to result in, permanent and/or significantly damage to nonreplicable cultural property, irreplaceable cultural relics, historical buildings and/or archaeological sites. e) Activities that will negatively affect rare or endangered species. f) Activities that will result in involuntary land acquisition or resettlement. g) Activities that do not meet minimum design standards with poor design or construction quality, particularly if located in vulnerable areas. h) Activities that require or involve; i. building a dam, structures that will alter coastal process or disrupt breeding sites of protected species ii. dredging, sand mining or land reclamation iii. land that has disputed ownership, tenure or user rights. Impact assessment and management This section describes the minimum impact and risk mitigation strategies for the CERC Positive List. This ESMF must be implemented in accordance with the WB ESF and any relevant Environmental and Social Standard (ESS), and will consider, in an integrated way, all relevant direct, indirect and cumulative environmental and social risks and impacts of any proposed activities under the CERC. This CERC ESMF will manage impact assessment and mitigation; • To identify, evaluate and manage the environment and social risks and impacts of any proposed activities in a manner consistent with the WB ESF and ESSs. • To adopt a mitigation hierarchy approach to: a) Avoid risks and impacts b) Minimize or reduce risks and impacts to acceptable levels, where avoidance is not possible c) Mitigate where significant residual impacts remain, compensate for or offset them, where technically2 and financially3 feasible. • To adopt measures so that adverse impacts do not fall disproportionately on the disadvantaged or vulnerable. 2 Technical feasibility is based on whether the proposed measures and actions can be implemented with commercially available skills, equipment, and materials, taking into consideration prevailing local factors such as climate, geography, demography, infrastructure, security, governance, capacity, and operational reliability. 3 Financial feasibility is based on relevant financial considerations, including relative magnitude of the incremental cost of adopting such measures and actions compared to the project’s investment, operating, and maintenance costs, and on whether this incremental cost could make the project nonviable for the Borrower. 5 TCRTP II CERC-ESMF Draft August • To utilize national environmental and social institutions, systems, laws, regulations and procedures in the assessment, development and implementation of projects, whenever appropriate. Table 2.1 CERC activity, potential impacts and risks and proposed mitigation strategies to be included and expanded in the EAP MITIGATION STRATEGY Instrument ACTIVITY POTENTIAL IMPACT (to be included in EAP) required Debris removal Clearance of debris from Damage to biophysical Where possible delineate EAP roadways, such as; environment, areas of acceptable vegetation, large trees or tree infrastructure or impact and exclude any members, debris from work communities sensitive biophysical or sites or from structures infrastructure that could demolished/damaged during be damaged the event, abandoned vehicles, sunken vessels that Restricted community Minimise interference by may be obstructing marine access providing contractors or transport facilities Government agencies with the means to minimise impacts, close access and complete works in the shortest time possible Injury or death to workers All Government staff and due to poor OHS and contracted workers to community safety undertake works in a safe and secure manner with appropriate PPE Injury or death to members of the Where possible delineate community due to unsafe areas to exclude the work practices public from working areas and provide signs to inform the public of works being undertaken and undertake works in a manner that does not pose a risk to the community Remove and dispose of Disposal locations that Disposal to approved EAP debris associated with any may cause adverse (permitted or otherwise eligible activity impacts to the biophysical authorised by MEIDECC) environment, sites only infrastructure or No disposal at sea or in communities other waterways permitted Re-establish drainage Damage and flooding to Adopt measures so that EAP systems damaged by the biophysical environment, the repair work does not Environmental and event infrastructure or exacerbate drainage Social Code of communities problems Practice (ESCOP) Rehabilitation of transport infrastructure 6 TCRTP II CERC-ESMF Draft August MITIGATION STRATEGY Instrument ACTIVITY POTENTIAL IMPACT (to be included in EAP) required Repair or reconstruction of; Damage to biophysical Where possible delineate EAP streets, roads, bridges, environment, areas of acceptable ESCOP for minor wharfs and any other infrastructure or impact and exclude any works or ESMP for essential transport communities sensitive biophysical or more significant infrastructure damaged by infrastructure that could works (screening the event be damaged process to be included in the Restricted community Minimise interference by EAP) access providing contractors or Government agencies with the means to minimise impacts, close access and complete works in the shortest time possible Injury or death to workers All Government staff and due to poor OHS and contracted workers to community safety undertake works in a safe and secure manner with appropriate PPE Injury or death to members of the community due to unsafe Where possible delineate work practices areas to exclude the public from working areas and provide signs to inform the public of works being undertaken and undertake works in a manner that does not pose a risk to the community No dredging allowed without additional impact assessment Provision of emergency community shelter Repair or reconstruction of Damage to biophysical Where possible delineate EAP essential shelters including; environment, areas of acceptable ESCOP schools, hospitals or medical infrastructure or impact and exclude any clinics, emergency operating communities sensitive biophysical or centres or any other infrastructure that could Government or non- be damaged government infrastructure essential to the emergency Restricted community Minimise interference by response access providing contractors or Government agencies with the means to minimise impacts, close access and complete 7 TCRTP II CERC-ESMF Draft August MITIGATION STRATEGY Instrument ACTIVITY POTENTIAL IMPACT (to be included in EAP) required works in the shortest time possible Injury or death to workers or due to poor OHS and All Government staff and community safety contracted workers to undertake works in a safe and secure manner with Injury or death to appropriate PPE members of the community due to unsafe work practices Where possible delineate areas to exclude the public from working areas and provide signs to inform the public of works being undertaken and undertake works in a manner that does not pose a risk to the community Utilities Re-establish and repair Damage to biophysical Where possible delineate EAP urban and rural utility environment, areas of acceptable ESCOP for minor infrastructure including, infrastructure or impact and exclude any works or ESMP for telecommunications, communities sensitive biophysical or more significant electricity, water and any infrastructure that could works (screening other essential service be damaged process to be included in the Restricted community Minimise interference by EAP) access providing contractors or Government agencies with the means to minimise impacts, close access and complete works in the shortest time possible Injury or death to workers All Government staff and or due to poor OHS and contracted workers to community safety undertake works in a safe and secure manner with appropriate PPE Injury or death to members of the community due to unsafe Where possible delineate work practices areas to exclude the public from working areas and provide signs to inform the public of works being undertaken and undertake works in a 8 TCRTP II CERC-ESMF Draft August MITIGATION STRATEGY Instrument ACTIVITY POTENTIAL IMPACT (to be included in EAP) required manner that does not pose a risk to the community Desalination of Water Power demand impacts Adopt measures that EAP community supply minimise community ESCOP for minor impacts works or ESMP for Hyper saline waste more significant discharged in a manner Discharge hyper saline works (screening that cause biophysical waste in a manner that process to be impacts to terrestrial minimises biophysical included in the and/or marine impacts EAP) environments Delivery of water to areas Injury or death to workers All Government staff and that are cut-off due to poor OHS and contracted workers to community safety undertake works in a safe and secure manner with Injury or death to appropriate PPE members of the Undertake deliveries community due to unsafe using certified drivers and transport practices routes that minimise community impacts and risks of injuries or death Coastal Erosion Stabilisation of coastal Poor engineering leads to Stabilising works to be EAP erosion greater erosion designed and supervised by qualified engineer/s ESCOP for minor with coastal erosion works or ESMP for experience more significant Access to aggregate or works (screening rock material may have Where possible utilise process to be adverse impacts to aggregate and rock included in the source of material material from permitted EAP) quarries, if not available MEIDECC to assess source and permit extraction Revegetation Replace vegetation Inappropriate species Utilise appropriate EAP destroyed by the event using lead to revegetation vegetation and planting native (not invasive) species failure or invasive species processes as or repair/mitigate damage problems recommended by caused by the event to a specialists protected area or buffer zone (such as mangroves). Hazardous waste removal Removal of hazardous Poor storage and If there is a risk of Hazardous Waste wastes including asbestos handling exacerbate hazardous materials, the Management Plan containing materials from impacts of hazardous National Emergency selected sites waste and lead to public Management Office health risks 9 TCRTP II CERC-ESMF Draft August MITIGATION STRATEGY Instrument ACTIVITY POTENTIAL IMPACT (to be included in EAP) required (NEMO) would work with the Department of Environment (DoE) on testing the debris or water supply. If hazardous materials are detected, the DoE would inform the MOH who would work with the MOI and the Waste Authority to determine the best method to dispose of the hazardous waste. Refer to the Waste Management Act 2005 and the Hazardous Wastes and Chemicals Act 2010. SPREP has outlined procedures for the transport and removal of hazardous waste in Tonga and has noted that the Tapuhia Landfill on Tongatapu has the capacity to handle hazardous If NEMO, the MOI and the Waste Authority determine that the waste removal is beyond the capacity of the Waste Authority, a contractor should be hired to remove the waste. Should it be identified during the development of the EAP that hazardous waste is present then a Hazardous Waste Management Plan will need to be developed as a part of the EAP Construction of a secure Health and safety risks to Facilitate good site EAP temporary asbestos adjacent communities selection with community containing facility and NEMO consultation ESCOP for minor Damage to important to minimise short term works or ESMP for biophysical attributes impacts. more significant works (screening Conflict with other land Temporary storage to be process to be use utilised for no more than included in the 12 months post event EAP) 10 TCRTP II CERC-ESMF Draft August MITIGATION STRATEGY Instrument ACTIVITY POTENTIAL IMPACT (to be included in EAP) required before being relocated to appropriate permanent sites. Temporary site to be rehabilitated to former condition Fuel Supply and storage of fuel for Spillage of hydrocarbons Select appropriate sites to EAP essential land, sea and air to sensitive biophysical be used for storage, transport and generation of environments where possible use the OESMP for more electricity EOCs designated for the significant volumes Safety and health area (screening process impacts on adjacent to be included in the communities Facilitate demarcation EAP) and signs for temporary storage and notify communities Provide spill response equipment where appropriate Institutional arrangements The Central Services Unit (CSU) within the Ministry of Finance (MOF) will develop the EAP and identify, in consultation with the National Emergency Management Committee (NEMC) and WB the most appropriate Implementing Agency (IA) depending on the nature of the event. The CSU will be responsible for the preparation of an EAP and its day-to-day implementation, including all aspects related to procurement, financial management, disbursement, monitoring & evaluation and E&S compliance. The NEMC is activated when a disaster has occurred or is imminent and, under the Emergency Management Act, 2007, has the responsibility to: a) activate ministries and organizations in response to an event that has happened, is happening or may happen b) liaise with ministries, non-government organizations and community groups in the execution of their emergency management roles and responsibilities c) carry out initial assessments d) collate and prioritize immediate disaster relief requirements e) manage the distribution of immediate relief supplies. The NEMC will provide the inputs to the MOI and MOF to prepare the trigger for the CERC including the declaration of disaster, the latest impact assessment situation report and the list of goods and works to be included in the EAP to be prepared by the CSU. The Line Ministries will provide the requisite technical assistance to the CSU as related to the finalization of procurement bidding documents and the technical supervision of the post recovery and reconstruction works. The Line Ministries will provide technical inputs to terms of reference (ToR), invitations to quote (ITQ), and any other procurement documents as well 11 TCRTP II CERC-ESMF Draft August as provide technical specifications for goods and participate in evaluation of bids. The CSU can request, under the CERC, technical assistance for: • Developing technical specifications, bidding documents, ToR, and any other necessary technical or bureaucratic support if “in-house” capacity of the Line Ministries is not enough • Site supervision of works. The technical consultants will work closely with the Line Ministries but report to the IA where the CERC funds are used. The CSU will provide the oversight and guidance for the project implementation including the implementation of the CERC. The NEMC would recommend that the CERC be triggered, and the MOF will make the decision to trigger the CERC. The key responsibilities of the CSU with respect to the CERC are as follows: a) Facilitate the delivery of the EAP outputs and the attainments of outcomes by coordination amongst the Line Ministries and Institutions participating in the EAP and by addressing coordination issues as they arise during the implementation of the EAP. b) Review the EAP progress and submit reports to the NEMC and MOF and/or appropriate Line ministries. c) Assess all policy-related issues and provide guidance as needed. The CSU Safeguards Specialist will provide oversight of any E&S requirements including the development of an E&S Addendum to the EAP that identifies any specific E&S issues relevant to the event. The EAP and any other relevant E&S documentation will be publicly disclosed on the CSU and IA websites. Grievance redress mechanism (GRM) The purpose of the GRM is to address and record any complaints that may arise during the implementation of the project. The GRM works within existing legal and cultural frameworks, providing an additional opportunity to resolve grievances at the local, project level. The key objectives of the GRM are: • Settle the grievances via consultation with all stakeholders (and inform those stakeholders of the solutions). • Forward any unresolved cases to the relevant authority. • Record, categorize and prioritize the grievances. The CERC, if triggered will use the established CSU GRM. The GRM is summarised in Table 5.1. Table 5.1 GRM summary for the CERC Stage Process Duration The complainant can take his/her grievance directly to the contractor site Anytime supervisor (CSS), who will endeavour to resolve it immediately. If not satisfied with the onsite solution, the CSS will refer them to put in a formal grievance to the CSU 1 Safeguards Specialist. For complaints that were satisfactorily resolved by the CSS, the CSU Safeguards Specialist must be informed to log the grievance and the actions that were taken On receipt of a formal complaint, the CSU Safeguards Specialist will respond and Within 2 2 endeavour to resolve it within 2 weeks of receiving the complaint weeks 3 If the matter cannot be resolved by the CSU Safeguards Specialist, he/she then Within 2 12 TCRTP II CERC-ESMF Draft August Stage Process Duration notifies CSU Programme Manager (PM) and they develop a Plan of Action to weeks resolve the issue. The complainant must be notified that as a result of the CSU Safeguards Specialist and the complainant failing to resolve the issue it will be elevated to the CSU PM and another two weeks for the development of a POA will be required. If it’s a land issue, the CSU PM will advise the MOF CEO, to engage the MLNR If the complainant is not satisfied with the POA, the MOF CEO, will refer to matter Within 1 to the NEMC for a resolution. The NEMC with the CSU Safeguards Specialist and month CSU PM will develop a revised POA to resolve the issue. The complainant must be 4 notified that as a result of the CSU PMs and the complainant failing to resolve the issue it will be elevated to the NEMC and 1 month for the development of a revised POA will be required If the complainant is dissatisfied with the outcome proposed in the POA, he/she is Anytime 5 free to refer the matter to the Ombudsman’s Office If the issue remains unresolved through the Ombudsman’s decision or the Minister Anytime of Lands decision, then the complainant can take the matter to the Courts or Land 6 Court respectively to deliberate. Any such decisions are final. The complainant can also access the WB Grievance Redress System if they have a specific grievance related to the WB However, it must be recognized that CERC related activities often need to be undertaken as a matter of urgency, and that any CERC related GRM must provide for timely resolution of critical issues, with non-critical issues able to be deferred until after the activities have been completed. Many grievances will be minor and revolve around nuisances generated during removal of debris, demolition and construction impacts such as such as noise and dust and loss of access. These should be resolved on site by the CSS, who should adopt a good-faith and flexible approach within the constraints of undertaking the CERC-related activity. Concerns relating to personal or community safety should be given high priority with the CSS adopting a precautionary approach wherever practicable. The CSS will log all complaints in a complaints register which shall record: • details and nature of the complaint • the complainant’s name and their contact details • date • corrective actions taken in response to the complaint. It is vital that appropriate signs are erected at the sites of all works providing the public with updated hazard information? If the grievance is not remedied to the acceptance of the complainant, the CSS shall convey the complaint details to his supervisor in his organisation for escalation as appropriate. 13