E1363 APPENDIX 8 v 1 Environment and Social Safeguards Framework for the Emergency Horticulture and Livestock Productivity Project (HLP) A. Background 1. Afghanistan is a rugged, land-locked, mountainous country (more than 50% of its area of nearly 65 million ha is 2000m above mean sea level) with an estimated population of around 25 million. Afghanistan is among the poorest countries in the world and agriculture is central to the Afghan economy with the sector contributing an estimated 53% to the GDP and providing employment for 67% of the labor force. Nearly 80% of the Afghan population lives in rural areas which also harbor the highest incidence of poverty. Agricultural performance is therefore pivotal for overall economic growth and poverty reduction and offers the only significant prospect for raising farmer incomes, contributing to food security, providing rural employment and reducing the vulnerability of resource poor rural people. B. Purpose of the Environmental and Social Safeguards Framework 2. It is acknowledged that currently social and environmental management in Afghanistan is facing critical capacity constraints. Keeping in view the existing environmental management capacity, as well as the flexibility required as not all investments are known at the time of project appraisal, a framework approach is adopted. The ESSF has been developed specifically for the proposed operations to ensure due diligence, to avoid causing harm or exacerbating social tensions, and to ensure consistent treatment of social and environmental issues by the Government of Afghanistan, addressing the following issues. Consistent with existing national legislation, the objective of the Framework is to help ensure that activities under the project will: · Protect human health; · Prevent or compensate any loss of livelihood; · Prevent environmental degradation as a result of either individual subprojects or their cumulative effects; · Minimize impacts on cultural property; · Enhance positive environmental and social outcomes, and · Ensure compliance with World Bank Safeguards policies C. General Principles 3. Recognizing the emergency nature of the proposed operation, and the related need for providing assistance, the Environmental and Social Safeguards Framework (ESSF) provides general policies, guidelines, codes of practice and procedures to be integrated into the implementation of the proposed operation for providing assistance, while at the same time ensuring due diligence in managing potential environmental and social risks. This Framework is based on the following principles: · The proposed operation will comprise several sub-projects, the detailed designs of which may not be known at appraisal. To ensure the effective application of the World Bank's safeguard policies, the Framework provides guidance on the approach to be taken during 1 implementation for the selection and design of sub-projects, and the planning of mitigation measures; · All proposed sub-projects will be screened to ensure that the environmental and social risks can be adequately addressed through the application of standardized guidelines; · The proposed operation will finance feasibility or pre-feasibility studies for subsequent investments, which will include environmental and social impact assessments, as required by World Bank safeguard policies; · Project design and sub-project selection will aim to maintain regional balance, and equity between genders, and ethnic and religious groups, considering variations in population density, and security considerations. Employment opportunities within the projects will be available on an equal basis to all, on the basis of professional competence, irrespective of gender, or ethnic or religious group. In all projects which require consultations with local communities or beneficiaries, consultations will be conducted to elicit the views of both the male and the female population; and · Consultation and disclosure requirements will be simplified to meet the special needs of this project. Prior to approval by the World Bank Board, this Environmental and Social Safeguards Framework will be disclosed in Afghanistan in Dari and Pashto, and in the World Bank Infoshop. D. Project Objectives 4. To stimulate perennial horticulture and livestock marketable output in focus areas by improving the incentives framework for private investments and strengthening institutional capacity in agriculture. Specific objectives include: · Improvements in the production capacity of the horticultural and livestock sectors and improvement of market channels for Afghan produces · Involvement of women farmers who will particularly benefit from project activities through the major role that they play in horticulture and livestock production · At a higher level, the project will have a positive impact on broad-based economic growth in focus rural areas by increasing the demand for rural non-farm sector output and from multipliers on farmers' expenditure · On the institution front, project support for the restructuring of MAAHF will help to develop the basis for a strong policy, regulatory and support organization for the agriculture sector · Overall, these benefits will contribute to the Bank's rural poverty reduction goals as well as providing a key element of a counter narcotics strategy by fostering an alternative to poppies and, at the same time, stimulating rural incomes through expanding the rural non- farm sector which encompasses the bulk of the poor. E. Project Description 5. Project comprises three components: 1) Increasing marketable perennial horticulture output (US$25.9 million) comprising works, goods, services and grants for: (i) rehabilitating existing orchards and establishing perennial tree crop cultivations through TA and grants; (ii) 2 establishing a Horticulture Development Council of Afghanistan (HDCA) and developing MAAHF capacity for policy planning and supporting horticulture producers; and (iii) supporting pilot activities on the private sector green raisin and pomegranate export clusters; 2) Increasing Livestock Output and Productivity (US $22.8 million) comprising works, goods, services and grants for strengthening institutions in livestock-related services in areas not already covered by other projects. This includes: supporting the reorganizing the General Directorate for Livestock Protection and Development (GDLPD); promoting livestock production and marketing initiatives in order to permit import substitution and stimulate exports of animal products; studies with pastoral communities to improve rangelands management; and establishing a public/private partnership in veterinary medicine to ensure a stronger regulatory government role and better profitability and sustainability of privatized field veterinary services; 3) Capacity Building, Implementation and Monitoring & Evaluation Support (US$6.4 million) comprising goods, services and incremental operating costs for developing human and physical capacity in policy formulation, programming development, financial management and procurement, supervising and monitoring and evaluating impact. This will enable MAAHF to ensure efficient implementation of the HLP and other projects. F. Potential Impact of Various Components 6. Activities under the project should not entail significant and negative environmental and social impacts, provided they are designed and implemented with due consideration of environmental and social issues. The project falls in the B category for environmental and social issues. The present framework is then adopted as a mean of ensuring due diligence in managing potential environmental and social risks in the different sub-projects. 7. OP/BP 4.01 Environmental Assessment (triggered). The HLP aims at harnessing orchard and livestock productivity increase in selected priority areas with the goal of creating new opportunity for farmers and building on-the-ground capacity for the delivery of efficient services to the farmers. The interventions proposed essentially relate to the rehabilitation of existing orchards and that have been partly neglected or destroyed by the war and encouraging livestock production by small-scale farmers. Hence, developments proposed for perennial tree crops are likely to have a positive impact through promoting nursery development that will lead to increased orchard areas. However small-scale impacts may arise inadvertently, in the unlikely event that the selection, planning, and implementation of the sub-project interventions and demonstration sites are inadequate. Although, specific sub-project interventions are not known at this point of time (but will be known when locations for sub-projects are selected), attention in the selection of sub- projects should focus on the following potential threats: (1) use of pesticide and insecticides that may cause harm to natural resources and human health; (2) unsustainable grazing causing land degradation (increased erosion); (3) possible effluents from the diary units; (4) limited construction activities. 8. OP 4.09 Pest Management (triggered). The productivity increase component of the HLP depends partly on the ability to adequately control pest populations. This triggers OP4.09 on Pest Management and sound application of an integrated pest management plan is required. Pest management should be seen as a way of improving the sustainability of horticulture practices, by adopting appropriate cultural practices (such as the planting of alfalfa cover crop and efficient on- farm water management), biological control (involving the use of natural pest enemies) and, when necessary, chemical control (involving the use of pesticides). 9. OP 4.37 Safety of Dams (not triggered). The project does involve the construction of new dams and does not depend upon existing dams. 3 10. OP/BP 4.36 Forests (not triggered). The HLP focuses on the rehabilitation of existing orchards. Operations are expected to take place in privately owned land and are not expected to impact on the health and quality of forests, or on their management, protection or utilization regimes. 11. OP 4.04 Natural Habitats (not triggered). No significant conversion or degradation of natural habitats is expected under the HLP. On the contrary, the project is likely to produce positive impacts on landscapes. As a consequence of more than twenty years of conflict, agricultural land has been impacted directly by war operations and indirectly by environmentally damaging subsistence practices. The project is expected to identify horticultural products that are appropriate to specific regions and rehabilitate the agricultural landscapes. 12. OP 7.50 Projects on International Waterways (not triggered). OP 7.50 does not apply to the project, given the localized nature of the project and the fact that the project essentially involves rehabilitation of existing orchards and livestock farms. It does not involve works and activities that would exceed the original scheme, change its nature, or alter and expand its scope and extend to make it appear a new or different scheme. The team believes that given the nature of the works envisaged under the proposed project: (a) the project will not adversely affect the quality or quantity of water flows to the other riparians; and (b) it will not be adversely affected by other riparians' water use. 13. OP 4.12 Involuntary Resettlement (not triggered). No involuntary resettlement or land acquisition is anticipated under the project. In the current socio-political context in the rural areas, involuntary land acquisition based on the state's eminent domain is unlikely for the kind of small- scale activities that will be undertaken under the project for two reasons. If any minor areas of land would be needed for a project (e.g. construction of veterinary clinics, field office and so forth), such land could only be obtained through either private voluntary donations, compensation paid by the community (i.e. transaction between willing buyer-willing seller), or, more likely, from available government land. Private voluntary donations and community purchases would be documented as required by the Framework, and for government land, documentation would be needed that the land is free of encroachments, squatters or other encumbrances, and has been transferred to the project by the authorities. 14. OP/BP 4.10 Indigenous Peoples (not triggered). There are no communities in Afghanistan which can be defined as `indigenous peoples'. But the design for the project defines a strategy, which will ensure that ethnic/religious minority groups are included as beneficiaries, and that their concerns are addressed in compliance with the requirements of OD 4.20 on Indigenous Peoples. The key elements of this strategy are: (i) horticulture and intensive livestock production activities will be open to all farmers in the project area; (ii) the pilot activities with pastoralists are specifically designed to demonstrate approaches and legislative changes that would benefit nomadic and sedentary communities living in the same areas; and (iii) independent monitoring by civil society (NGOs and the press) will provide another mechanism to identify cases where ethnic minority groups would have been bypassed or marginalized by project operations. Exclusion based on gender is also addressed in the project design through specific efforts to reach women as producers both within horticulture and livestock component. 15. OPN 11.03 Cultural Property (not triggered). The proposed operations are unlikely to pose a risk of damaging cultural property. Section K includes a list of negative of attributes, which would make a sub-project ineligible for support, including any activity that would significantly damage non-replicable cultural property. Chance finds during implementation of sub-projects 4 involving civil works will be reported to the provincial or district governors, who then will inform the Archaeological Committee as per the Chance Find Procedures listed in Section M. 16. The following table identifies potential impacts and solutions adopted in the design of the project. Moreover, a list of sub-projects ineligible for support under the HLP is provided in Section K. Table: Potential impact and solutions adopted in the design of the HLP Project Component Potential impact Solution adopted in the design of the project or in this ESSF 1. Increasing Application of fertilizers IPM is an integral part of the program. marketable perennial An internationally hired IPM officer will horticulture output work alongside two regional IPM coordinators in farmers' training on IPM. 1.1. Rehabilitation and Sub-projects that require pesticides that expansion of fruit crop fall in WHO classes IA, IB or II are production programs ineligible (see Section K) Forest or natural habitat The project will take place in existing degradation agricultural land. Moreover, the tree planting component will actually improve the natural landscape of the country. Land acquisition No land acquisition is anticipated. In case of land acquisition the guidelines in Section L should be followed. Increase in water use for No new irrigation scheme or expansion irrigation of scheme is foreseen (new orchards will be established in existing agricultural land). Sub-projects requiring new or expanded irrigation schemes are ineligible as per the list in Section K. 2. Increasing livestock Erosion due to Before livestock are purchased, grazing output and unsustainable grazing requirements for the new and projected productivity herd should be estimated, and legal access to sufficient sustainable grazing 2.2. Livestock ensured (code of practice for the production and mitigation of potential environmental marketing initiatives impacts in Section N). Localized temporary Construction activities limited road impacts from rehabilitation should follow the relevant construction work for the elements of the codes of practice for the installation of Veterinary mitigation of potential environmental Field Units, cattle feed impacts, presented in Section N. plant, provintial diary processing facilites, storage network and development of basic transportation. Pollution from diary No major pollution is expected. development 5 Pollution from semi- No major pollution is expected. intensive village poultry industry development intake G. Safeguards Screening 17. The selection, design, contracting, monitoring and evaluation of subprojects will be consistent with the following guidelines: · A negative list of characteristics that would make a proposed subproject ineligible for support (Section K) · Guidelines for land and asset acquisition, entitlements and compensation (Section L) · Procedures for the protection of cultural property, including the chance discovery of archaeological artifacts, and unrecorded graveyards and burial sites (Section M). · Relevant elements of the codes of practice for the mitigation of potential environmental impacts (Section N). · The requirement that confirmation is received through the Regional Mine Action center that areas to be accessed during project activities have been demined (Section O) H. Responsibilities for Safeguard Screening and Mitigation 18. Sound design will if not eliminate, at least diminish to the extent possible, most of the potential adverse impacts of project activities. The overall responsibility of project implementation rests with the Ministry of Agriculture and Animal Husbandry and Food (MAAHF). The MAAHF will act through an Implementation and Management Support Team (IMST) which will be headed by a Manager who will be responsible fro the minister MAAHF for overall Project Implementation. 19. An independent Monitoring and Evaluation unit with, inter alia, environmental and social specialists' inputs has been proposed within the MAAHF. One of the M&E specialists under HLP will also be assigned as Safeguards Focal Officer and will be responsible for overseeing the implementation of the Environmental and Social Safeguards Framework. Safeguard monitoring capacity will be gradually transferred to relevant MAAHF staff to ensure continuity in safeguard application after project completion. During the operation stage, the M&E Unit will carry out the monitoring of the operations also. It will confirm (from anecdotal evidence and, if required, laboratory testing) that the water quality in the project area is not adversely impacted due to agrochemicals, soil conditions are conducive for growth of crops normally grown in the region, and pathogens and vectors are under control. In case of incidence of water related or water-transmitted disease, it will co-ordinate with the local health department to ensure that the situation be brought under control in the shortest possible time. 20. Mitigation measures acceptable to the Bank are expected to be included in the Operational Manual. I. Capacity Building 21. As part of the social and environmental capacity building that will be provided for implementation of IDA-financed operations in Afghanistan, the Safeguards Focal Officer and relevant staff of MAAHF and implementing agencies/Consultants will receive training in the 6 application of the Safeguard Framework. It is proposed to prepare specific materials, hold a workshop, and arrange site visits to other countries in the region on similar projects in progress to provide hands-on training to the Ministry and implementing agency staff. Specialist training modules may be considered after an acceptable level of base knowledge has been established. During supervision of the project, the World Bank will assess the implementation of the Framework, and if required, will recommend additional strengthening. J. Consultation and Disclosure 22. This Environmental and Social Safeguards Framework was developed on the basis of an overall Framework for World Bank-funded reconstruction operations which was prepared in consultation with the principal NGOs and development partners participating in reconstruction activities in Afghanistan. Prior to approval of the project by the World Bank Board, it will be disclosed by the Government of Afghanistan in both Dari and Pashto, as well as English, and it will also be made available at the World Bank's Infoshop. It is worth noting that Government of Afghanistan intends to make all project documentation publicly available through the Afghan Information Management System (AIMS). 7 K. Negative List of Sub-project Attributes Sub-projects with any of the attributes listed below will be ineligible for support under the proposed Emergency Rebuilding of capacity and productivity in Horticulture and Livestock Project. Attributes of Ineligible Subprojects GENERAL CHARACTERISTICS Involves the significant conversion or degradation of critical natural habitats. Including, but not limited to, any activity within: · Ab-i-Estada Waterfowl Sanctuary; · Ajar Valley (Proposed) Wildlife Reserve; · Dashte-Nawar Waterfowl Sanctuary; · Pamir-Buzurg (Proposed) Wildlife Sanctuary; · Bande Amir National Park; · Kole Hashmat Khan (Proposed) Waterfowl Sanctuary. Will significantly damage non-replicable cultural property, including but not limited to any activities that affect the following sites: · monuments of Herat (including the Friday Mosque, ceramic tile workshop, Musallah complex, Fifth Minaret, Gawhar Shah mausoleum, mausoleum of Ali Sher Navaii, and the Shah Zadehah mausoleum complex); · monuments of Bamiyan Valley (including Fuladi, Kakrak, Shar-I Ghulghular and Shahr-i Zuhak); · archaeological site of Ai Khanum; · site and monuments of Ghazni; · minaret of Jam; · mosque of Haji Piyada/Nu Gunbad, Balkh province; · stupa and monastry of Guldarra; · site and monuments of Lashkar-i Bazar, Bost; · archaeological site of Surkh Kotal. Requires pesticides that fall in WHO classes IA, IB, or II. Requires involuntary acquisition of land, or the resettlement or compensation of more than 200 people. Affects waters in riparian neighbors. Roads New roads. Widening of primary road. Irrigation New irrigation scheme or expansion of scheme requiring increased water intake. New tubewell for irrigation. Income Generating Activities 8 Attributes of Ineligible Subprojects Activities involving the use of unsustainably harvested timber or fuelwood. Activities involving the use of hazardous substances. 9 L. Guidelines for Land and Asset Acquisition, Entitlements and Compensation I. Objectives Land acquisition and involuntary resettlement is not anticipated under this proposed emergency project. No land or asset acquisition may take place outside of these guidelines. A format for Land Acquisition Assessment is attached as Section L(i). These guidelines provide principles and instructions to compensate affected persons to ensure that all such persons negatively affected, regardless of their land tenure/tenancy status, will be assisted to improve, or at least to restore, their living standards, income earning or production capacity to pre-project levels. II. Eligibility Project Affected People (PAPs) are identified as persons whose livelihood is directly or indirectly affected by the project. PAPs deemed eligible for compensation are: (1) those who have formal legal rights to land, water resources or structures/buildings, including recognized customary and traditional rights; (2) those who do not have such formal legal rights but have a claim to usufruct right rooted in customary law; and (3) those whose claim to land and water resources or building/structures do not fall within (1) and (2) above, are eligible to assistance to restore their livelihood. Acquisition of Productive Assets and Compensation PAPs are eligible for replacement costs for lost assets as described below: a) Voluntary contributions. In accordance with traditional practices, individuals may elect to voluntarily contribute land or assets and/or relocate temporarily or permanently from their land without compensation. b) Contributions against compensation. A contributor/asset loser considered "affected" will be eligible for compensation from the local community or alternatively from the Government. A PAP shall lodge his/her claim for compensation to the local community representatives/shura head and it shall be verified by the implementing agency. The claim shall be lodged within 2 weeks of completion of the consultations with the concerned community, and before project implementation begins. Voluntary contribution, or contribution against compensation, should be documented. The documentation should specify that the land is free of any squatters, encroachers or other claims. A format is attached in Section L(i), which includes a Schedule to be followed to assess any compensation claimed and the agreement reached. III. Compensation Principles The project implementing agencies shall ensure that any of the following means of compensation are provided in a timely manner to affected persons: (1) Project affected persons losing access to a portion of their land or other productive assets with the remaining assets being economically viable are entitled to compensation at 10 replacement cost for that portion of land or assets lost to them. Compensation for the lost assets will be according to following principles: a. replacement land with an equally productive plot, cash or other equivalent productive assets; b. materials and assistance to fully replace solid structures that will be demolished; c. replacement of damaged or lost crops and trees, at market value; d. other acceptable in-kind compensation; and e. in case of cash compensation, the delivery of compensation should be made in public, i.e. at the community meeting. (2) Project affected persons losing access to a portion of their land or other economic assets rendering the remainder economically non-viable, will have the options of compensation for the entire asset by provision of alternative land, cash or equivalent productive asset, according to the principles in (1) a-d above. IV. Consultation Process The implementing agencies will ensure that all occupants of land and owners of assets located in a proposed sub-project area are consulted. There will be gender-separate community meetings for each affected village to inform the local population about their rights to compensation and options available in accordance with these Guidelines. The Minutes of the community meetings shall reflect the discussions held, agreements reached, and include details of the agreement, based on the format provided in Section L(ii). The implementing agency shall provide a copy of the Minutes to affected persons and confirm in discussions with each of them their requests and preferences for compensation, agreements reached, and any eventual complaint. Copies will be recorded in the posted project documentation and be available for inspection during supervision. Complaints and Grievances All complaints should first be negotiated to reach an agreement at the local community/village level. If this fails, complaints and grievances about these Guidelines, implementation of the agreements recorded in the Community Meeting Minutes or any alleged irregularity in carrying out the project can also be addressed by the affected persons or their representative at the municipal or district level. If this also fails, the complaint may be submitted to the relevant implementing agency for a decision. Verification The Community Meeting Minutes, including agreements of compensation and evidence of compensation having been made shall be provided to the Municipality/district, to the supervising engineers, who will maintain a record hereof, and to auditors and socio-economic monitors when they undertake reviews and post-project assessment. This process shall be specified in all relevant project documents, including details of the relevant authority for complaints at municipal/district or implementing agency level. 11 L(i). Land Acquisition Assessment Data Sheet (To be used to record information on all land to be acquired) 1. Quantities of land/structures/other assets required: 1. Date to be acquired: 2. Sketch of project land plot, identifying: Location and Category of Current uses Users Multiple Method of area of each land (private/ claimants/users acquisition** individual communal/ Yes/No piece of government land/structure etc) and involved: Owner(s)* (a) (b) (c) * Provide documentary proof, where available. ** Donation/Acquisition against Compensation/Purchase. This should be determined following consultations with PAPs In case of Multiple customary claimants/users, specify for each individual piece of land involved: · Number of Customary claimants: · Number of Squatters: · Number of Encroacher: · Number of Owners: · Number of Tenants: · Others (specify): Number: 4.. Transfer of title: · Ensure these lands/structures/other assets free of claims or encumbrances. · Written proof must be obtained (notarized or witnessed statements) of the voluntary donation, or acceptance of the prices paid, from those affected, together with proof of title being vested in the community, or guarantee of public access, by the title-holder. 5. Describe grievance mechanisms available: 12 L(ii) Format to Document Contribution of Assets The following agreement has been made on............................ day of............................. between...............................................resident of ............................................(the Owner) and .......................................................(the Recipient). 1. That the Owner holds the transferable right of .............................................jerib of land/structure/asset in.................................................................................... 2. That the Owner testifies that the land/structure is free of squatters or encroachers and not subject to other claims. 3. That the Owner hereby grants to the Recipient this asset for the construction and development of ................................for the benefit of the villagers and the public at large. (Either, in case of donation:) 4. That the Owner will not claim any compensation against the grant of this asset. (Or, in case of compensation:) 4. That the Owner will receive compensation against the grant of this asset as per the attached Schedule. 5. That the Recipient agrees to accept this grant of asset for the purposes mentioned. 6. That the Recipient shall construct and develop the........................and take all possible precautions to avoid damage to adjacent land/structure/other assets. 7. That both the parties agree that the...........................so constructed/developed shall be public premises. 8. That the provisions of this agreement will come into force from the date of signing of this deed. ____________________________ _____________________________________ Signature of the Owner Signature of the Recipient: Witnesses: 1.______________________________ 2.______________________________ (Signature, name and address) ______________________________________ (Attestation by District/Province Judge, Date) 13 Schedule of Compensation of Asset Requisition Summary of Units to be Compensated Agreed Compensation affected unit/item a. Urban/agricultural land (jerib): _____________________ ___________________ b. Houses/structures to be demolished (units/jerib): _____________________ ___________________ c. Type of structure to be demolished (e.g. mud, brick, etc.) _____________________ Not Applicable. d. Trees or crops affected (units/jerib): _____________________ ___________________ e. Water sources affected: _____________________ ___________________ Signature of PAP signifying his/her agreement: Signatures of local community representatives, shura head: Include record of any complaints raised by affected persons: Map attached (showing affected areas and replacement areas): _______________________________________ (Attestation by District/Province Judge, Date) 14 M. Protection of Cultural Property Physical culture includes monuments, structures, works of art, or sites of "outstanding universal value" from the historical, aesthetic, scientific, ethnological, or anthropological point of view, including unrecorded graveyards and burial sites. Within this broader definition, cultural property is defined as sites and structures having archaeological, paleontological, historical, architectural, or religious significance, and natural sites with cultural values. The proposed emergency reconstruction operations are unlikely to pose a risk of damaging cultural property, as the sub-projects will largely consist of small investments in community infrastructure and income generating activities, reconstruction of existing structures, and minor urban public works. Further, the negative list of attributes, which would make a subproject ineligible for support (Section K), includes any activity that would significantly damage non- replicable cultural property. Nevertheless, the following procedures for identification, protection from theft, and treatment of chance finds should be followed and included in standard bid documents. Chance Find Procedures Chance find procedures are defined in the law on Maintenance of Historical and Cultural Monuments (Official Gazette, December 21, 1980), specifying the authorities and responsibilities of cultural heritage agencies if sites or materials are discovered in the course of project implementation. This law establishes that all moveable and immovable historical and cultural artifacts are state property, and further: 1. The responsibility for preservation, maintenance and assessment of historical and cultural monuments rests with the Archaeological Committee under the Ministry of Information and Culture, which has representation at provincial level. 2. Whenever chance finds of cultural or historical artifacts (moveable and immovable) are made the Archaeological Committee should be informed. Should the continuation of work endanger the historical and cultural artifacts, the project work should be suspended until a solution is found for the preservation of these artifacts. 3. If a moveable or immovable historical or cultural artifact is found in the countryside of a province, the provincial governor (wali) or district-in-charge (woluswal) should be informed within two weeks, and they should inform the Archaeological Committee. In case the immovable historical or cultural artifact is found in a city, the provincial branch of the Department of Maintenance of Historical Values of the Ministry of Information and Culture should be informed within two weeks (art. 18). If the find is made within the center, the Archaeological Committee must be informed directly within one week (art. 25). 4. Failure to report a chance find within the stipulated time limit will be punished with a fine or imprisonment for a period of one week or up to one month (art. 72). 5. If someone intentionally damages a historical or cultural artifact, the culprit shall pay compensation in accordance with the value of the artifact plus be imprisoned for a period of one month to ten years depending on the gravity of the crime (art. 71). 15 In case of a chance find of moveable or immovable historical or cultural artifact, the implementing agency is responsible for securing the artifact from theft, pilferage and damage until the responsibility has been taken over by the relevant authorities as specified above. These procedures must be referred to as standard provisions in construction contracts, when applicable. During project supervision, the Site Engineer shall monitor that the above regulations relating to the treatment of any chance find encountered are observed. Relevant findings will be recorded in World Bank Project Supervision Reports (PSRs), and Implementation Completion Reports (ICRs) will assess the overall effectiveness of the project's cultural resources mitigation, management, and capacity building activities, as appropriate. 16 N. Codes of Practice for Prevention and Mitigation of Environmental Impacts Potential Impacts Prevention and Mitigation Measures Irrigation · Rehabilitation of minor irrigation systems. Siltation and erosion: · Plan disposal of spoil material from cleaned canals to ensure it will not wash back into the system, and is not deposited on fields without the owners' permission. · Re-grading and rehabilitation of borrow areas or pits. Water-logging and salinization: · Incorporation of adequate drainage to prevent water- logging and salinization. Over-exploitation of aquifers: · Analysis of the sustainability of groundwater yield, if increased abstraction is proposed. Injury, death or loss of productive · See section on dams, below. resources caused by dam failure: Housing and Public Buildings · Rehabilitation of dwellings or public buildings. Deforestation caused by: · Replace timber beams with concrete where structurally · unsustainable use of timber. possible. · wood-firing of bricks. · Ensure fired bricks are not wood-fired. · Where technically and economically feasible, substitute fired bricks with alternatives, such as sun-dried mud bricks, compressed earth bricks, or rammed earth construction. Injury and death from earthquake: · Apply low-cost aseismic structural designs. Disease caused by inadequate · Ensure designs include adequate sanitary latrines and provision of water and sanitation: access to safe water. Income Generating Activities Injury from machinery: · Ensure that safe practices for the use of new machinery are understood and adopted. Livestock Unsustainable grazing: · Before livestock are purchased, grazing requirements for the new and projected herd should be estimated, and legal access to sufficient sustainable grazing ensured. 17 O. Procedures for Mine Risk Management in World Bank-Funded Projects in Afghanistan Background: The following procedures are designed to respond to the risks caused by the presence of mines in Afghanistan, in the context of: · Community rehabilitation / construction works to be identified and implemented by the communities themselves (for small projects of up to $100,000 each); · Small and medium-size works to be identified by local authorities and implemented by local contractors (for projects up to $5m each); · Works to be implemented directly by Government departments/agencies, without use of contractors; · Large works to be implemented by contractors (for projects above $5m); General comment applying to all following procedures: All risk assessment and clearance tasks shall be implemented in coordination with the Mine Action Center for Afghanistan (MACA). These procedures may need to be amended in the future depending on evolving circumstances. Procedure for Community-Managed Works Applicability: This procedure applies to community rehabilitation / construction works to be identified and implemented by the communities themselves (for small projects of up to $100,000 each). Overall approach: The communities should be responsible for making sure that the projects they propose are not in mine-contaminated areas, or have been cleared by MACA (or a mine action organization accredited by MACA). Rationale: Communities are best placed to know about mined areas in their vicinity, and have a strong incentive to report them accurately as they will carry out the works themselves. Procedure: 1. Communities are required to submit a reply to a questionnaire regarding the suspected presence of mines in the area where Bank-funded community-managed projects will be implemented. This questionnaire should be formally endorsed by the Mine Action Program for Afghanistan(MAPA). It will be a mandatory attachment to the project submission by the communities and should be signed by community representatives and the external project facilitator. External project facilitators will receive training from MAPA. Financing agreements with the communities should make clear that communities are solely liable in case of a mine- related accident. 2. If the community certifies that there is no known mine contamination in the area, the ministry responsible for the selection of projects should check with MACA whether any different observation is reported on MACA's data base. 18 o If MACA's information is the same, the project can go ahead for selection. The community takes the full responsibility for the assessment, and external organizations cannot be made liable in case of an accident. o If MACA's information is different, the project should not go ahead for selection as long as MACA's and community's statements have not been reconciled. 3. If the community suspects mine contamination in the area, o If the community has included an assessment / clearance task in the project agreed to be implemented by MACA (or by a mine action organization accredited by MACA), the project can go ahead for selection. o If the community has not included an assessment / clearance task in the project, the project should not go ahead for selection as long as this has not been corrected. o Mine clearance tasks must be implemented by MACA or by a mine action organization accredited by MACA. Communities will be penalized (subsequent funding by World- Bank funded projects shall be reduced or cancelled) if they elect to clear mines on their own. Procedure for Small and Medium-size Works Contracted Out Applicability: This procedure applies to small- and medium-size works to be identified by local authorities and implemented by local contractors (for projects up to $5m each). Overall approach: MACA (or a mine action organization accredited by MACA) should provide detailed information on the mine-related risks (either based on previously done and updated general survey or on a new general survey) before projects are considered for selection. Only project sites assessed to have a nil-to-low risk would be eligible for selection, unless they have been demined by MACA or by a mine action organization accredited by MACA. Rationale: Neither local authorities nor local contractors have the capacity to assess the mine- related risks in a systematic way, while they may have incentives to underestimate them. Procedure: 1. Prior to putting up a project for selection, a general survey should be carried out by MACA (or a mine action organization accredited by MACA) to assess mine-related risks in the area of the project (this should include checking information available in the MACA data base). 2. If MACA provides information suggesting a nil-to-low risk in the proposed project area, the project can go ahead for selection. 3. The contract between the responsible ministry and the contractor will include a clause stating that in case of an accident, legal liability would be fully and solely borne by the contractor. 19 4. If MACA assesses a potentially high risk in the area (whether due to the presence of mines or uncertainty), o If the project includes an assessment / clearance task agreed to be implemented by MACA (or by a mine action organization accredited by MACA), it can go ahead for selection based on agreed funding modalities (clearance may be funded either under a contract with a Bank-funded project or under existing donor agreements with the mine action organization); o If the project does not included an assessment / clearance task, it should not go ahead for selection as long as this has not been corrected. Procedure for Works to be implemented directly by Government Departments/Agencies, without use of contractors Applicability: This procedure applies to works to be implemented directly by Government departments/agencies, without use of contractors. Overall approach: MACA (or a mine action organization accredited by MACA) should provide detailed information on the mine-related risks (either based on previously done and updated general survey or on a new general survey) before works or installation of goods/materials are carried out in any given area. Work would only be allowed to proceed in areas assessed to have a nil-to-low risk, unless they have been demined by a mine action organization accredited by MACA . Rationale: Government departments and agencies responsible for providing services currently do not have the capacity to assess the mine-related risks in a systematic way, and currently follow a process of consulting with MACA prior to carrying out activities. Procedure: 1. Prior to carrying out work, the Government department/agency will consult with MACA to assess mine-related risks in the area (this should include checking information available in the MACA data base). If not already done, a general survey should be carried out by MACA (or by a mine action organization accredited by MACA) to assess mine-related risks in the area. 2. If MACA provides detailed information on mine-related risks which suggest a nil-to-low risk in the proposed area, the work can proceed. The Government would be solely liable in case of a mine-related accident. 3. If information provided by MACA cannot support the assessment of a nil-to-low risk in the proposed area (whether due to the presence of mines or uncertainty), works should not go ahead before MACA (or a mine action organization accredited by MACA) carries out the necessary further assessment and/or clearance for risks to be downgraded to nil-to-low, based on agreed funding modalities (clearance may be funded either under a contract with a Bank-funded project or under existing donor agreements with the mine action organization). Procedure for Large Works Using Contractors 20 Applicability: This procedure applies to large works to be implemented by large contractors (projects above $5m). Overall approach: The main contractor should be responsible for dealing with mine-related risks, in coordination with the UN Mine Action Center. Procedure: 1. As part of the preparation of the bidding documents, a general survey should be carried out by MACA (or a mine action organization accredited by MACA) on all the areas where contractors may have to work (broadly defined). This survey should provide detailed information on mine-related risks in the various areas allowing for an un-ambiguous identification of areas that have a nil-to-low risk of mine/UXO contamination and areas where the risk is either higher or unknown. The survey should be financed out of the preparation costs of the bidding documents. 2. All survey information should be communicated to the bidders (with sufficient legal caveats so that it does not entail any liability), as information for the planning of their activities (e.g., location of campsites, access roads to quarries). 3. Depending on the nature and location of the project and on the available risk assessment, two different options can be used. Option 1 ­ Mine-clearance activities are part of the general contract a. Based on the general survey results, a specific budget provision for mine action during construction is set aside as a separate provisional sum in the tender documents for the general contract. b. As a separately identified item in their bid, the bidders include a provision for a further detailed mine assessment and clearance during construction. c. On the instruction of the Supervision Engineer and drawing on the specific provisional sum for mine action in the contract, the contractor uses one of several nominated sub- contractors (or a mine action organization accredited by MACA) to be rapidly available on call, to carry out assessment prior to initiation of physical works in potentially contaminated areas, and to conduct clearance tasks as he finds may be needed. The Contractor may also hire an international specialist to assist him in preparing and supervising these tasks. The Contractor is free to chose which of the accredited sub-contractors to use, and he is fully responsible for the quality of the works and is solely liable in case of accident after an area has been demined. d. To avoid an "over-use" of the budget provision, the Contractor is required to inform the Supervision Engineer in writing (with a clear justification of the works to be carried out) well in advance of mobilizing the mine-clearing team. The Supervision Engineer has the capacity to object to such works. 21 Option 2 ­ Mine-clearance activities are carried out under a separate contract a. Specific, separately-awarded contracts are issued for further surveying and/or clearing of areas with a not-nil-to-low risk (under the supervision of the Engineer) by specialized contractors (or a mine action organization accredited by MACA). The definition of the areas to be further surveyed / cleared should be limited to those areas where any contractor would have to work, and should not include areas such as camp sites and quarries/material sites which are to be identified by the Contractor during and after bidding of the works. As a result of these further surveys and possibly clearance works, mine-related risk in the entire contract area is downgraded to nil-to-low. b. The contract with the general Contractor specifies the extent of the portion of the construction site of which the Contractor is to be given possession from time to time, clearly indicating restrictions of access to areas where the mine risk is not nil-to-low. It also indicates the target dates at which these areas will be accessible. Following receipt of the notice to commence works from the Engineer, the Contractor can start work in all other areas. c. The general Contractor is invited to include in its bid an amount for mine-security, to cover any additional survey / clearance he may feel necessary to undertake the works. 4. In case of an accident, a Board of Inquiry is assembled by MACA to investigate on the causes of the accident and determine liabilities. Large penalties should be applied on the Contractor if the Board determines that the accident resulted from a breach of safety rules. 5. All parties involved in this process are required to closely coordinate with MACA and to provide the Government, local communities, MACA, as well as any interested party the full available information on mine-related risks that may reasonably be required (e.g., maps of identified minefields, assessments for specific areas). 22