RESILIENT KERALA PROGRAM Program for Results [PforR] Draft Report on Environmental and Social Systems Assessment [ESSA] The RKI and the World Bank are disclosing these draft ESSA reports for comments and suggestions. Your feedback is welcome either in person or in writing or through email. In case you need any further information, kindly contact us in person at: Rebuild Kerala Initiative Secretariat, Planning & Economic Affairs (RKI) Department, Government of Kerala, 1A, CALSAR Heather Tower, Punnen Road, Near Government Secretariat, Thiruvananthapuram OR through E-mail at: rkisecretariat@gmail.com / rkisecretariat@kerala.gov.in OR over Telephone: 0471 2332744/ 2333744 RESILIENT KERALA Program for Results [PforR] Environmental and Social Systems Assessment [ESSA] Part A: Draft ESSA Summary Report 08 February 2021 India HT House, Kasturba Gandhi Marg New Delhi - 110 001 I. Background 1. State of Kerala is highly vulnerable to natural disasters such as cyclone, monsoon storm surge, coastal erosion, sea level rise, tsunami, flood, drought, landslides/ land subsidence and earthquakes and changing climatic dynamics given its location between the western coast and steep slopes of the Western Ghats. In last 3 years the state has seen several such adverse events one after the other, starting with Cyclone Ockhi in 2017, floods and landslides in 2018, 2019 and 2020, Nipah virus in 2019 and present COVID-19 pandemic. The 2018 floods led to widespread loss of life, property, and habitats, affecting several millions and leading to economic losses of nearly US$3.74 billion (Rs. 26,720 crores). These events and their impacts highlighted the level of under-preparedness of the State to deal with these natural disasters and climate change shocks. 2. In order to support GoK, World Bank initiated a strategic engagement to build multidimensional resilience in Kerala through First Resilient Kerala Development Policy Operation (DPO 1, US$250 million- June 2019) by extending support to Rebuild Kerala Development Programme (RKDP) — the state’s strategic roadmap for recovery, rebuilding and resilience. It supported key policy and institutional reforms for a) improved irrigation- agriculture nexus, b) engendering river basin management, c) shifting to sustainable and climate-resilient agriculture, d) risk-informed land use planning and updating disaster management plans, e) apart from fiscal reforms to ensure greater investments for preparedness and rehabilitation. Under this DPO, a dedicated institution - the Rebuild Kerala Initiative (RKI) - was set up to coordinate, manage and monitor the roll out of RKDP and DPO 1 across various government departments and agencies. As part of the DPO, GoK has already initiated reforms laid out in the Rebuild Kerala Development Program (RKDP) such as local disaster risk mapping, performance-based road contracting, shifting agricultural and river basin management practices to align with agroecological conditions and introducing risk- informed master planning for cities and towns. 3. This partnership has improved state’s capacity to respond to disasters and improved resilience of the community and treat resilience and disaster risk management as cross- cutting and important concerns in policy formulation and implementation. It has also led the way towards deepening and broad-basing this partnership by looking at additional sectors crucial for building resilience of the state and citizens to shocks of climate change, natural disasters and disease outbreaks. This PforR is part of a series of engagements between Government of Kerala and the World Bank that started after the 2018 floods. II. Program Description 4. The Resilient Kerala PforR builds on the foundations of policy and institutional reforms initiated under Resilient Kerala DPO 1. The new PforR aims at two key Results Areas (RAs): (1) building institutional capacities and systems for managing shocks from climate change, natural disasters and disease outbreaks; and (2) demonstrating integrated approaches to multidimensional resilience at the local level. The former aims at working to strengthen the state-level institutions and systems for greater resilience, the latter aims at addressing the underlying drivers of floods and landslides by building state capacities and simultaneously working on integrated water resources and reservoir management; improved land use planning and management; and ecologically sound agriculture practices. 5. The Program Development Objective ‘is to enhance the State Government of Kerala’s (GOK) resilience against the impacts of climate change, natural disasters and disease outbreaks.’ The Program will support the two Results Areas (RAs) that contribute to the outcomes of RKDP - first through support for state-wide systems and institutions development, and second for piloting sectoral investments in four districts along the Pamba river basin- Alappuzha, Idukki, Kottayam, and Pathanamthitta. Page | 2 RA 1: Strengthening transversal systems for resilience 6. Building on RKDP and the policy and institutional reforms achieved through RKP DPO 1 and 2 prior actions, this RA aims to enhance the sustainability of GoK’s fiscal and debt management framework to cope with large scale exogenous shocks, and institutionalize climate and disaster risk-informed urban and disaster risk planning at the State level for enhanced preparedness and response. Objective 1.1: Enhancing the sustainability of the GOK’s public finances to cope with exogenous shocks 7. The Program aims at strengthening public debt management capacity and fiscal sustainability of the GoK to manage its contingent liability to natural disasters and disease outbreaks, and to ensure that these events do not negatively impact the debt profile and budget objectives for the State’s sustainable development. This will be complemented by parallel Technical Assistance (TA) and capacity building support to enhance revenues, and to improve expenditure efficiency and performance orientation in select spending departments. 8. The Program will support the development and implementation of a comprehensive state disaster risk financing & insurance plan and social protection system. This will enable the GoK to identify and develop potential public and private sources (e.g. bonds, (re)insurance) of disaster risk financing to safeguard the state finances, provide transparent and timely assistance to the vulnerable households, and to protect the economy and livelihoods against natural disasters and pandemics. The system provides cost-benefit trade-offs to investments in climate and disaster risk reduction, risk retention, and risk transfer and ensures that the GoK is financially prepared to enact effective preparation, response and reconstruction actions. Relief payments made to fisherfolk families will be made to the bank accounts of female head of the family, which is expected to empower women further and ensure better usage of funds. Objective 1.2: Mainstreaming climate and disaster risk informed development and investment planning 9. This Program intends to establish norms, systems and capacities for risk-informed master planning and implementation across the State, and pilot risk-informed Urban Master Plans and Priority Action Plans in a sample of urban local bodies (ULBs) in the Pamba river basin. This intends to support better disaster preparedness for planning, service delivery and emergency response. 10. LSGD has initiated development of local body DRM plans. These plans are a part of local development plans, which are updated on an annual basis by LSGs based on extensive public consultations. LSGD is currently pursuing aligning the investment planning of local governments (LGs) with DRM plans. Specifically, the LSGD provided the LGs with vulnerability and disaster risk profiles for each local body with draft state-level hazard and vulnerability grid maps prepared by the KSDMA. One of the key bottlenecks for improving and mainstreaming climate-informed local body DRM plans is the lack of down-scaled climate data and information, which can be utilized to better evaluate localized climate and disaster risks as well as associated sectoral impacts. 11. The Program will support mainstreaming climate and disaster risk considerations into the development and implementation of local DRM plans. These risk-informed local DRM plans and target-based grant incentives (measured and tracked by climate co-benefits through DCAT) will motivate LGs to invest in disaster risk reduction, to enhance disaster preparedness, and to ‘Build Back Better’ in recovery, rehabilitation, and reconstruction phases. Over time, these changes will mainstream climate change and DRM considerations into local planning and development processes. Page | 3 RA 2: Embedding resilience in key economic sectors 12. Building on the policy and institutional reforms achieved so far in key economic and climate- sensitive sectors, this RA will test an integrated approach basin-based multidimensional resilience at local level among key climate-sensitive sectors: health, water resources management, agriculture and road. Objective 2.1: Strengthening the resilience of public health systems for disease outbreaks 13. The Program intends to strengthen the public health systems of the GOK for disease outbreak preparedness and prevention. This includes strengthening diagnostics systems at the district level through empowered State PHLs with facilities for molecular diagnostics and rare zoonotic intra-parasite detection to support timely identification of diseases with potential for outbreaks; and strengthening Integrated Disease Surveillance Program (IDSP) with enhanced capacity and institutionalizing One Health (OH) approach to identify and respond to zoonotic disease outbreaks. Objective 2.2: Strengthening the resilience of water resources systems 14. Declining ground water levels and high variation of rainfall over the years exacerbated by climate change have increased vulnerability, with many dried wells getting inundated during the floods. There is need for integrated water resources management to unlock the development potential of water resources. There is a lack of detailed information on water resources conditions to properly manage water resources and plan measures to make more productive use of water in various water-dependent sectors and mitigate water-related risks. The DPO1 supported drafting a River Basin Conservation and Management Authority (RBCMA) Act, which is currently awaiting legislative approval. The Act will empower RBCMA to conserve and regulate water resources within the State; facilitate its sustainable management, allocation and utilization; and fix rates for use of water for agriculture, industrial, drinking, inland transport, commercial purposes. 15. The Program will enable the operationalization of RBCMA, which will play a critical role in building climate resilience through improved integrated water resources management. This includes tooling and upskilling the RBCMA to operationalize integrated reservoir operations, water monitoring, data collection and management, flood management (including flood forecasting), evaluation of environmental flows, and more efficient water allocation to agriculture, irrigation, domestic purposes, industrial, and other uses to improve productive and sustainable water use. Climate-proofed local level district management plans will ensure climate resilience is mainstreamed into water resources planning and management. Objective 2.3: Strengthening resilience of agricultural productivity through AEZ-based practices 16. Agroecological approaches offer a paradigm shift to more sustainable and resilient food systems while restoring ecosystem services and biodiversity in the context of climate change. Through DPO 1, the State has been divided into five AgroEcological Zones (AEZs) of unique agroecological characteristics and suitability for specific crops and extension needs. A restructuring of the Department of Agriculture (DoA) was facilitated to ensure that planning, resource allocation, and deployment of human resources are aligned with agroecological classification of blocks and districts. During the preparation of DPO 2, reallocation of funds to agroecological units (AEUs), sub-administrative units under the AEZs, was also initiated. 17. The Program will support the further implementation of the AEZ-based practices initiated under DPO 1, strengthening farmer access to finance, seeds, technology, the market and strengthening their bargaining power. The Program will also integrate the management information systems and strengthen agroecologically relevant farming systems across the Page | 4 State. Program support will be rolled out in 16 agroecological management units (AEMUs) covered by 264 Krishi Bhavans in the four Pamba River Basin districts. Objective 2.4: Strengthening the resilience of core road networks 18. Post 2018 floods, PWD commissioned a study to prioritize 1,600 km of select flood and landslide impacted road network for rehabilitation using resilient standards and identified 800 km of road network requiring climate resilient reconstruction. Out of the central and southern cluster about 173 km were located in Pamba River Basin area which was impacted most. Other than the resilient infrastructure program, 7000 km of Core Road Network (CRN) was identified and updated through a scientific assessment by PWD Maintenance Wing and was notified in early 2020. Currently, a web and GIS based Road Maintenance Management System (RMMS) with a climate module is being established which is expected to be operational in 2021. Going forward, RMMS shall guide sector planning and budgeting of CRN. A new contracting model for long term maintenance of CRN to resilient standards has also been developed and sanctioned in 2020. The initial plan is to roll out these 7-year Output and Performance based Road Contracts (OPBRC) for around 380 km of CRN. 19. The Program aimed to address the climate change risks, by building resilience to the CRN which included interventions on drainage systems, landslide risk mitigation to maintain enhanced resilient standards and strengthening institutional capacity and systems in finance, climate resilience, and performance-based management of contracts. The development of institutions and systems shall have a statewide coverage, and the districts along Pamba basin shall pilot integrated resilience building of the road assets. III. Institutional/ Implementation Arrangement 20. The key institution to coordinate implementation across departments will be the Resilient Kerala Initiative, a special purpose vehicle (SPV) established following 2018 floods to accelerate long-pending policy and institutional reforms to address the risks of natural disaster and climate change and improve the State’s resilience to future shocks/ disasters. RKI is mandated to identify the state’s agenda for change by selecting key reforms and investments across sectors that can help the state move towards greater resilience, while partnering with various multilateral institutions, civil society entities and the community. RKI, through a consultative and participatory process, aims to create synergies across sectors, departments, and agencies for a comprehensive and resilient recovery and reconstruction. RKI Institutional Framework - Roles and Responsibilities Page | 5 21. A High-Level Empowered Committee (HLEC) will act as the Steering Committee for the Program and report directly to the Council of Ministers, while an Advisory Council headed by the Chief Minister will provide guidance and advice to the program. A Project Management team within Rebuild Kerala Initiative (RKI) - Project Management Support Services (PMSS) will be responsible for implementation, coordination, monitoring and evaluation. PMSS will provide technical and management support to the RKI and participating line departments and will include their directorates, executing agencies, training institutions, partner institutions. PMSS will support them in investment planning, technical studies, policy formulation, capacity building, monitoring and evaluation, communication, setting up grievance redress, etc. on projects funded under RKDP, including Bank supported PforR. IV. ESSA Methodology 22. The proposed ‘Resilient Kerala Program’ will focus on improving the Government of Kerala’s resilience against the impacts of climate change, natural disasters and disease outbreaks using the Program for Results (PforR) modality. Therefore, a detailed Environmental and Social Systems Assessment (ESSA) to identify the key environmental and social risks (E&S) that may impact the achievement of the Program Development Outcomes has been undertaken. Given that this program builds on the strategic engagement that began in 2019 between the Bank and the GoK, this ESSA is informed by, and is in continuation with, the previous borrower level studies and vulnerability assessments that have been commissioned by the Bank to assess the system performance of different sectors in the state. 23. The ESSA has been carried out by a team of environmental and social specialists from the World Bank. It primarily relied on a detailed review of secondary literature including applicable policies, Acts, Rules, Government Orders, Circulars, notifications and guidelines as well as evaluations (on institutional or scheme performance) websites, internal assessments, reports, studies. The desk review focuses on understanding the existing policy, operational procedures, institutional capacity and implementation effectiveness relevant to the activities under the Program. This also included a review of the borrowers systems for engaging with citizens, especially the most marginalized and excluded as well as their grievance redress. Apart from a desk review of available information, personal interviews and consultations were also held with the community and institutional stakeholders of the program. 24. Owing to COVID-19 related mobility restrictions, majority of personal interviews and group consultations have been done by a team of experts and faculty members from Kerala Institute of Local Administration (KILA), an autonomous capacity building institution of the state that was commissioned by the Bank to facilitate virtual and physical consultations with state level stakeholders and those in 4 districts within the Pamba river basin (where most implementation/ investment are planned). These consultations aim to examine the roles, responsibilities and capacity of key institutional stakeholders – including nodal and statutory authorities, local bodies and community institutions. 25. A total of 11 State Consultations were conducted with departmental/ agency representatives and their teams and another 32 Community Consultations at 16 different locations (3 ULBs and 13 Gram Panchayats) in the 4 Pamba Basin districts covering more than 328 community members cutting across social and economic groups. These also included 8 dedicated consultations with women and 8 exclusive consultations with poor and socially vulnerable. 26. The draft ESSA will be disclosed seeking feedback from interested citizens and stakeholders. A state level disclosure workshop will be organized where the assessment will be shared with the state level stakeholders to seek their comments and feedback before final appraisal. The final ESSA, after incorporating stakeholder comments, will be disclosed on the website of Rebuild Kerala Initiative, GoK as well as World Bank InfoShop. Page | 6 V. Risk Screening Environment 27. Each of the sector Programs was screened to determine the environmental risks. This was first done at the PCN stage and subsequently updated / revised as the Program preparation advanced. The summary of the environmental risk screening is as follows: a) Agriculture: No negative environmental impacts and risks are therefore perceived in the activities planned in the agriculture sector, i.e. (i) supporting the paradigm shift of reorganization of the Agriculture Department into agroecological zones with a focus on the Pamba river basin and (ii) establishment of integrated agricultural information systems. b) Disaster Risk Financing / Social Protection: There are no environmental risks as all of these pertain to cash / financial transfers. c) Disaster Risk Management: The climate-responsible, resilience-building actions in the local DRM and LSGI planning will not have any negative environmental impacts and hence no risks. d) Fiscal: Being purely financial in nature, there are no environmental risks. e) Health: No environmental risks in enhancing the One Health Surveillance Platform at the local level to track and respond to zoonotic disease outbreaks, and on improving district-level Public Health Laboratories (PHLs). It provides an opportunity to reduce environmental risks by establishing the link between sanitation / waste management practices and disease, and contributing towards better biomedical waste management in health diagnostics. f) Roads: The environmental impacts will be limited to those related to the construction phase of the Core Road Network (CRN) and / or maintenance to resilient standards in the Pamba basin. This will include air, dust and noise pollution; limited tree cutting / trimming; water pollution; worker and public safety; waste, scrap and debris disposal. These physical impacts could result in environmental risks. g) Urban: In the risk-informed master planning, the focus will be on incorporating risk information in the Urban Master Plans and the Priority Action Plans. The environmental risks apart from disaster and climate risks will be considered in the upfront planning. This will result in lesser residual environmental risks when the investments are implemented. h) Water Resource Management: The proposed investments when initiating the implementation of the Integrated River Basin Management Plan for the Pamba river will have construction-related impacts that will be localized, limited and reversible. There will be limited environmental risks due to these investments. Further, there are contextual risks due to environmental concerns that need to be considered at the time of investment planning in order to ensure compliance to the regulations and prevailing NGT orders pertaining to the Pamba river basin. Social 28. A comprehensive social risk screening, an important part of ESSA, of the proposed program investments and activities shows that most activities have low to moderate social risks. With strong engagement of local government institutions by all key departments, the overall risk of poor participation and exclusion of intended beneficiaries/communities is minimized. However, given the technical focus of many participating departments, there is limited awareness and capacity on managing social risks and inadequate social accountability mechanisms to ensure inclusive outreach of key activities. Moreover, many sectoral planning activities carry the risk of exclusion of vulnerable communities such as SCs, STs , fisher-folks, migrant labourers and women, if interventions are not accompanied by greater information dissemination, inclusive approach and effective use of community based organizations and LSGs during the planning process. Following are the sector-wise interim risk assessments: Page | 7 a) Social Protection: The social risk rating is low to moderate. There are strong social benefits of a unified disaster-resilient adaptive safety net system for the vulnerable households, who are most at risk of disasters. However, mechanisms will have to be developed to ensure that there is no exclusion of fisher-folks (which are supposed to be the primary target/ recipients of the pre-disaster social protection entitlements), women, migrant labourers and other vulnerable groups such as tribal households /landless households etc, especially during consolidation of the database. There is also risk of increase in gender based violence since delivery of most social protection entitlements under the program are aimed at female members of the household. b) Health: The investments under health are assessed as potentially having low to moderate social risks. While the expansion of laboratory network is likely to lead to improved coverage and outreach for local communities, especially women and ensure greater health and safety of technicians, it may have land requirements or may lead to displacement of non- titleholders. Moreover, through the emphasis on engaging cadres of health volunteers, there can be a possibility of exclusion of members from marginalized communities. Switching to untested/ new health approaches may have reputational risks, cause hesitation among communities, unless backed by strong IEC & community orientation. Further, since large percentage of frontline health workers are women, there could be enhanced risk of exposure to COVID 19 and the risk to sexual exploitation and abuse. c) Agriculture: With a strong focus to ensure Famer Producer Organizations have access to new information, market and technology there are potential benefits for small and marginal farmers. However, low current institutional capacities and coordination to ensure inclusion/ participation and outreach; overstretched extension staff and low off-take of services due to lack of awareness amongst women and small and marginal farmers, and limited representation of women and S&M farmers in FPO leadership are potential social risks. The risks are low to moderate for most of the activities envisaged in this sector. d) Water-Resource Management: The investment includes development of an Integrated River Basin Management Plan developed for Pamba Basin and largely has moderate to low social risks. Some of the specific social risks are exclusion of women, inland fishing communities & other vulnerable groups from the river basin planning process; risk of lack of equity in principles of water allocation, distribution and even on decision around tariff or pricing for water users given that staff have limited capacities around social development to ensure equity based allocations. e) Urban: The focus on strengthening capacities of ULBs with sanctioned risk-informed Master Plans and Priority Action Plans are to face the potential risk a lack of recognition of peculiar vulnerabilities/ needs of women, migrant labourers and poor may exclude them from master plans and its preparation process. The social risks range from low to moderate. f) DRM: The investment envisages the creation and integration of Climate risk Information system into local DRM plans. The social risk is moderate as there is possibility of exclusion of women & vulnerable, especially tribal and fishing communities, from DRM planning process. g) Road: The social risks for investments under road are substantial. Presence of squatters or encroachers on PWD land, lack of community involvement in identification & prioritization of alignments and the risk of exclusion of tribal habitations situated in remote/ hilly areas during alignment selection, labour influx from other states are some of the potential social risks including poor institutional capacities to manage issues of non-titleholders. VI. Assessment of Legal Policy Framework Environment Page | 8 29. The applicable legislations – both national and state - include Environment (Protection) Act 1986, Air (Prevention and Control of Pollution) Act 1981, Water (Prevention and Control of Pollution) Act 1974, Noise Pollution (Regulation and Control) Rules 2000, Construction and Demolition Waste Management Rules 2016, Solid Waste Management Rules 2016 (and various references in the state legislations such as the Kerala State Policy on SWM 2018, Kerala SWM Operational Guidelines, 2017, Kerala Municipalities Act 1994 and The Kerala Panchayat Raj Act 1994), Plastic Waste Management Rules 2016 and state order, national Forest legislation (Indian Forest Act 1927, Forest Conservation Act 1980 and Forest Rights Act 2006) and associated state legislation (Kerala Preservation of Trees Act 1986), Wildlife (Protection) Act 1972, Ancient Monuments and Archaeological Sites and Remains Act 1958 and associated rules, and Building And Other Construction Workers (Regulation Of Employment And Conditions Of Service) Act 1996 and Kerala Rules 1998. These are applicable across all sectors that are in the Program. 30. There are other legislations that are relevant to particular sectors. In the health sector, Bio- medical Waste Management Rules 2016 is applicable. In the agriculture sector, the Kerala Conservation of Paddy Land and Wetland Act 2008 is applicable. And, in the WRM Sector, the National Green Tribunal Act 2010 and orders are applicable. The assessment revealed that all of these legislations – cross-sector and those relevant to particular sectors - are well- developed and are a part of the overall legal enforcement in the state. The appropriate legislations will be sufficient to address any of the environmental impacts in these sectors. The borrower’s regulatory agencies such as the Department of Environment (Directorate and the different authorities), State Forest Department and the State Pollution Control Board are well-established and their functions were found to be streamlined. 31. Further, the Program activities have only limited environmental impacts and therefore do not entail any upfront environmental clearances. There are only certain procedural requirements such as obtaining consents prior to the commencement of civil works. These are contractor responsibilities that will have to be supervised by the respective departments that are engaged in civil works. If there are specific situations during implementation, e.g. the NGT orders, then additional procedural requirements may be applicable. The standards included in the various legislations will have to be adhered. There is sufficient capacity within the different implementing agencies, their consultants and their contractors to meet these legal requirements. Social 32. ESSA analysed all the relevant legal policies that impact the program’s scope and finds that Kerala has one of the most progressive legal policy environments among Indian states. Along with national laws and policies, state laws and policies create adequate legal safeguards for women, socially and economically vulnerable, including the poor, scheduled castes and tribes/ indigenous communities in the implementation of schemes across sectors, in preferential selection of beneficiaries for schemes. The reforms to empower local self- government institutions by bringing most subjects under local bodies (along with their functionaries and funds), strong history of land reforms to secure rights of land tillers/ share croppers and a women-oriented policy focus, including the comprehensive approach to gender-budgeting bear testimony to people-centred policy environment of the State. GoK has mainstreamed gender considerations into local-level planning by, inter alia, earmarking a minimum of 10 percent of LSGI budgets to the Women Component Plan, ensuring women’s representation in LSGI’s sectoral Working Groups, and requiring gender impact statements to be presented as part of budget cost-benefit analysis. There are special programs to assist the elderly, SC and ST population, migrant workers, and fisher women. The proposed operation Page | 9 will enhance the capacity for managing disaster risks, which will contribute to building robustness of such social programs in times of disaster. 33. The legal policy framework also provides for social sustainability of marginalised and vulnerable population including the SC and ST, by providing for citizen engagement/ stakeholder participation across interest groups and a rights-based framework to demand accountability in the functioning of various public offices, including central and state agencies. Apart from this, the framework proactively offers legal assistance, safety nets/ entitlements, security against resource or land alienation, protection against discrimination and proactive state support for constituencies with poor voice and agency including women, old-aged and transgenders. 34. In assessing the sector-specific policies that impact urban, health, agriculture, water resource management, disaster risk mitigation and roads and infrastructure investments, the ESSA finds that overall, there is an adequate focus on engagement of local governnments in planning and outreach of most programs. For instance, the state agriculture sector policies focus on the interests of small, marginal and tribal farmers and in some cases even agricultural labourers and tenants. Agriculture and other land related policies secure the tenancy rights of tillers and land leasers and secure them from sudden eviction without following due process of law. The policies are positively inclined towards the tenants in compassionately looking at their investments in land and asset improvements, physical and financial investments in multi-year / plantations crops. They emphasize the need for efficient delivery of inputs, advisories and credit to the cultivators and acknowledge the need for capacitating institutions and extension services to deliver on this mandate. State policy also encourages farmers collectives at various levels and calls for creating an inclusive governance structure for Farmer Producer Organization’s (FPOs). 35. However, this ESSA also highlights specific areas where further state policy attention will be needed to enhance inclusion and impact of vulnerable groups, such as SC/STs and women. For instance, the agriculture interventions envisaged under the program will benefit from additional policy measures to incentivize and promote women’s participation in agriculture by targeting specific schemes/ benefits towards women farmers and by setting up Women led FPOs under the program. VII. Assessment of Risks and Benefits Environment Benefits 36. The institutional development and investment planning proposed in the different sectors offer an opportunity to render positive benefits through mainstreaming environmental management. For instance, in both DRM and urban sector, introducing risk informed planning is bound to result in upfront consideration of environmental risks among others. The investments in the agriculture sector are bound to be environmentally positive as the agroecological zone approach will result in crop selection that will be appropriate to the respective ecosystems. That will also lead to reducing the negative environmental impacts of agriculture such as fertilizer use, pesticide use and soil erosion. Environment Risks 37. The Program’s investment activities in the Pamba river basin (Agriculture, Health, Roads and WRM and health) could have physical impacts that could result in environment risks. In Agriculture, there are no civil works and hence no such impacts. In the other three sectors, these are largely construction-related impacts, e.g. air, dust and noise pollution; worker and public safety; waste and debris disposal related to the civil works. All of these investment- Page | 10 related impacts will be minor, localized, generic and reversible, and can be mitigated effectively through management measures. At the time of contracting civil works to implement activities, adequate provisions in the bid / contract documents - that are commensurate with the extent of impacts – will need to be ensured. For instance, in the roads sector, as a part of the pre-investment studies, environmental management plans have been prepared and integrated with the bid / contract documents to ensure proper management of the limited environmental impacts. Sector Benefits Risks Agriculture  Supporting the shift to the AEU approach in the  No negative environmental Pamba basin has positive implications for impacts and risks are perceived environment and natural resource conservation. in the activities planned Selecting the crop using the agro-climatic conditions and topography will result in reduced chemical use, restore soil health and result in effective water use.  The integrated agricultural information systems will progressively assist the farmer in all aspects that will include chemical use as well. Disaster Risk  No environmental benefits as these pertain to  No negative environmental Financing / cash / financial transfers. impacts and risks are perceived Social in the activities planned Protection Disaster Risk  The more widespread implementation of local  The climate-responsible, Management plans that include climate and DRM resilience-building actions will considerations could lead to environmental not have major negative benefits as these are likely to protect eco- environmental impacts and systems such as wetlands, lakes and ponds. hence no risks. Civil work activities arising out of these plans may have minor, localized construction-related EHS impacts and risks. Fiscal  No environmental benefits as these are purely  No negative environmental financial in nature. impacts and risks are perceived in the activities planned Health  improved health surveillance will establish the  Better capacity strengthening link between disease (diarrhoea and will contribute towards reducing leptospirosis) and environmental sanitation; and the environmental risks arising this will drive improvements in environmental from bio-medical waste performance management and that will can  Tightened controls to avoid spread of infections be addressed through improved such as Covid-19 is resulting in better bio- health surveillance. medical waste management and infection control  Improving PHLs offer an opportunity to strengthen bio-medical waste management in health diagnostics and hence better environmental managemnet Roads  Long-term performance-based maintenance  Construction-related EHS contracts will bring environmental benefits such impacts such as air, dust and as reduced debris generation / disposal and noise pollution; limited tree reduced road accidents. cutting / trimming; water pollution; worker and public safety; waste, scrap and debris Page | 11 Sector Benefits Risks disposal will result in minor physical environmental risks. Urban  Risk-informed master plans will consider all risks  No negative environmental that will bring abouut positive environmental impacts and risks due to this benefits particularly during and post-event in investment planning activities. case of disasters. WRM  The institutional development and investment  The proposed investments will planning activities will, will contribute towards have only construction-related positive environmental benefits through the impacts that will be localized, integrated river basin management plan. limited and reversible. There will be limited environmental risks due to these investments.  Contextual risks due to environmental concerns in the Pamba river basin after the 2018 floods. These risks have to be considered at the time of investment planning in order to ensure compliance to the regulations and prevailing orders. Social Benefits 38. Through a robust and comprehensive sector specific social screening, the ESSA finds specific and key social benefits and social risks under each of the program investments that cover multiple sectors. Some of the key social benefits and risks that are common across the investments are highlighted below. 39. Strong focus on last mile service delivery and assistance. Most of the sectoral investments, through partnership with local selfgovernment institutions, focus on deeper engagement with communities to enhance last mile service delivery of key schemes and programs under participating departments. The unified, resilient safety net, the strengthening of FPOs to be able to access improved markets, established of health laboratories for improved disease surveillance and improved access to testing facilities for remote communities and the engagement of the LSGs in disaster risk management planning process are important design elements for the program to reach the most marginalised with efficient set of services and benefits. 40. Special attention to the vulnerable groups: ESSA finds that the sectoral investments include adequate focus on vulnerable groups. The shift to agroecological farming is expected to improve agricultural productivity, thereby directly improving the livelihood of small and vulnerable farmers, especially women. The work with ULBs for Master planning will also seek to address vulnerabilities of marginalised communities and settlements. Through regulated land use, spatial planning of settlement it also seeks to prevent development in hazard prone areas that directly affect vulnerable groups, such as tribals. The investment also identifies the need for improved HR capacities and sensitivity of ULB staff to the needs of urban poor and women. Through the creation of a single, unified system of social protection with a payments platform that releases disaster payments to eligible beneficiaries in a transparent and timely manner, into the bank accounts of female head of eligible families, is expected to increase women’s autonomy and their position within family. 41. Systems for citizen’s engagement to improve social benefits. The investments also include, in varying focus, mechanisms of citizen engagement. For instance, the health investments Page | 12 envisage citizen engagement in surveillance to improve awareness on disease outbreaks and access to testing facilities. Similarly, the integration of disaster risk mitigation planning through LSGs will ensure improved local capacities & preparedness for climate and disaster related risks/events. Social Risks The potential benefits envisaged through the programme investments can be undermined, if the social risks are not identified and mitigation measures evolved to address these. Across the investments, some of the key social risks that are likely are: 42. Exclusion of vulnerable groups such as scheduled tribe/ caste groups, fisher-folk and women. A key social risk across the investments is that of exclusion of vulnerable groups such as SC, STs, small and marginal (S&M) farmers, migrant workers and women. Some sectors, such as roads and water resource management are likely to lead to exclusion of vulnerable groups during the planning process. Under roads sector, a potential risk is lack of community participation during prioritisation / selection of road packages, or lack of selection of roads in hilly, difficult terrains connecting tribal settlements. Likewise, crop insurance schemes are skewed against those with unclear land ownership/ titles, like women and tribal farmers. Similarly, investments under agriculture can end up perpetuating low participation of women, S&M farmers during planning of AEU; there is risk of capture of FPO leadership by dominant interest groups, with very few positional roles left for women or the marginal farmers. The unified system for safety-nets and the payments can also lead to risk of exclusion of households, especially marginalised coastal fishing communities from the during the database consolidation and de-duplication process. 43. Low awareness on services and entitlements among vulnerable groups. For most investments, a likely potential risk is low uptake of key schemes and programmes by the poor and vulnerable communities. The lack of awareness on beneficial schemes and entitlements such as social safety-net programs, as also the schemes being envisaged under water, agriculture and disaster management planning are a critical barrier to access for communities with traditionally low access to information like the indigenous and fishing communities. Institutional mechanisms are as critical as mechanisms for strong information dissemination, especially targeted at the marginalized groups, who rely on these entitlements for basic survival. 44. Limited institutional capacities for community engagement and management of social issues. Other than the LSGs and LSGD, most participating departments have low social capacities primarily owing to their technical focus and limited community interface. Investments under water resource to work on issues of equity in water distribution, ensure outreach of WRIS to the community for their increased preparedness and resilience; investments under agriculture that seek to ensure information access to FPOs, technology and improved markets, improved spatial planning and risk informed DRM plans- all these require additional capacities within participating departments around social risk management, use of inclusive approaches and community engagement in different aspects of planning and implementation. These agencies also have limited mechanisms around social accountability, grievance redress or tracking of social inclusion in their respective sectoral schemes and programmes. Sector Benefits Risks Agriculture  Focused on last mile service and  Multiple agencies with low capacities assistance operating in silos Page | 13 Sector Benefits Risks  Improvement in farm incomes of  Institutions at cutting edge understaffed and smallholders overburdened  Strengthened institutional  Low participation of women, S&M farmers /individual capacities of service during planning of AEU PoPs/IAMIS content vulnerable cultivators  Exclusion of women collectives leasing land  Expanded IAMIS to offer farmer like Krishi Sanghs friendly ICT services  Low offtake of AEU and IAMIS based services  Robust farmer database to help among smallholder deliver benefits to smallholders,  Elite capture of FPO leadership with few women and tribal farmers positional roles for women & vulnerable  FPO also likely to improve access to  Lack of active departmental GRM to track input, credit, services for marginal grievances farmers  Improved information sharing, disaster preparedness and community resilience  Localised information to help in panchayat level water security planning / budgeting Water  RBMPs offer social and economic  Exclusion of vulnerable communities from Resources benefits through greater availability the process of planning or decision making Management and resource sustenance  Risk of priorities and needs of women and  Prevents resource conflict around landless getting excluded from river basin water scarcity plans or water allocation principles  Plans allow for equitable allocation  Inabilty to pay water tariffs/ charges for to meet different needs /demands water access/ consumption decided by the  RBMCA to help regulate water use river basin plans and conservation  Untested institutional capacities for basin or  Allocate water resources based on aquifer level planning- reputational risks principles of equity  Multiple agencies with low capacities operating in silos, with fragmented mandates- irrigation, groundwater  No functional department level GRM to track and reddress sector specific grievance  Low representation of landless/ vulnerable in Basin level management committees Health  Improved physical and economic  Reputational risk of shifting to a new health access to public testing facilities for surveillance system the community  Exclusion of marginalsed members from  Reduced health expenditure, time being appointed in IPHLs saving and lower transaction cost  Risk related to Sexual explotation and abuse  Citizens engagement in surveil-lance for front line women health care workers will improve awareness on disease  Risk of exposure to COVID 19 and other outbreaks diseases for the workers and the lab  Better collaboration among LSGs techicians involved in testing and handling and departments for surveillance samples  Improved health outcomes for poor  Safety of community surveillance volunteers and vulnerable in Basin districts unless adequately trained and practising precautions  Setting up new IPHLs may lead to small scale physical displacement  Risk of exlusion of migrant workers and their familes from the health care facilities Roads  More resilient road infrastructure  Physical displacement of encroachers and  Time saving, road safety for squatters during improvement works commuters/ citizens  Temporary or permanent economic  RMMS to improve institutional displacement of roadside vendors Page | 14 Sector Benefits Risks capacities, citizens engagement  Exclusion of tribal habitations due to hilly/  Greater accountability ofvendors difficult terrain due to improved monitoring  Lack of community participaiton during  Digitial platforms providing greater prioritisation / selection of road packages transparency and information  Labour influx during repair, resilience,  Creation of systems for sharing maintenance works feedback and seeking redress  Risk of gender based violence & sexual  Improved road network and exploitation accountabilty in road maintenance Social  Improved efficiency in the delivery of  Risk of exclusion of households during the Protection public benefits and entitlements database consolidation and de-duplication  Enhanced and timely access for poor  Low awareness among vulnerable about & vulnerable- especially those their eligibility & process of establishing it critically dependent for schemes  Improved awareness among farmers  Exclusion of tenants & those not accessing about crop insurance as a risk formal credit from crop insurance schemes mitigation mechanims  Denial for those with unclear land  Lowers risks of income loss due to ownership/ titles like women and tribal crop failure or productivity losses farmers  Risk of exclusion of migrant workers from getting covered under the social assistance due to lack of awareness about them  Risk of gender based or dometic violence due to money being deposited in the account of the female in the family as this would disturb family power structures and gender roles. Disaster Risk  Better understanding &  Lack of participaiton by poor & vulnerable Management preparedness for climate risks during preparation of climate informed DRM  Improved local preparedness for plans climate disaster events  Limited capacities of LSG staff & ERs to  Inclusive Resilience - marginalised understand CC risks and imacts have dependence on climate  Exclusion of tribal habitations due to hilly/ sensitive sectors difficult terrain  Preparedness based approach to  Plans not backed by adequate human and minimize adverse impacts esp. on financial resources to ensure effective poor & vulnerable implementation Urban  Master planning to address  Non-recognition of the spatial needs of vulnerabilities of marginalised women, vulnerable gorups while drafting communities and settlements Mater Planning guidelines  Regulated landuse, spatial planning  Exclusiom of vulnerable during the Master of settlement to prevent plan preparation process in the ULBs development in hazard prone areas  Limited capacities of city planners and ULBs  Improved HR capacities to reflect in staff to facilitate Master Planning guidelines sentizised to needs of  Overstretched, low human resoures in ULBs urban poor and women to implement Master Pans  Comunity participation in plan  Lack of complete autonomy within ULBs to development to lead to greater regulate landuse as per plan or to deter plan awareness - Improved accountability violations  Master Plans to help communities develop greater resilience aimed at future disasters/ risks Page | 15 VIII. Institutional Capacity Assessment Environment 45. The various GoK implementing agencies have adequate capacity to address the environmental risks and also to enhance their environmental performance where such opportunities exist. The highlights of the institutional capacity assessment of the sector institutions / agencies are as follows: (a) Agriculture-Department of Agriculture: Given that the nature of environmental effects are positive and intrinsically embedded in the Program, there is no need for a separate environmental cell or independent stream of environmental management activities. Though there are no environmental risks, there are opportunities to integrate the environmental management in the capacity building - developing suitable training modules / content within the context of promoting the AEU approach, building FPO’s environmental awareness and progressively including environmental concerns in the Agriculture Information Management Systems. In terms of environmental performance, the Department of Agriculture is clearly committed to promote environmentally responsible practices, e.g. the Department is supporting organic farming and similar initiatives to reduce the use of chemicals in agriculture. The assessment concluded that their capacity is adequate and can be further strengthened as outlined. (b) DRM-KSDMA: In this investment planning initiative, environmental concerns have been identified in the template for DRM plans at the LSG levels. These will suffice in terms of addressing environmental concerns of the DRM plans. With KSDMA’s technical capacity to develop these plans using relevant information from various sectors, no separate environmental cell or division is required. However, in the capacity building that KSDMA will undertake, it is necessary to cover the management of environmental effects as one of the modules in the overall training to be administered during implementation. The assessment concluded that their capacity is adequate. (c) Health – Department of Health: In terms of organizational systems dealing with civil works for enhancing diagnostic laboratories, the inclusion of EHS provisions in the bid / contract documents is required to be done. As these environmental effects are localized and minor, this would suffice. For the streamlining BMW in these new laboratories, there is capacity within the Department to ensure that these are done in compliance with the BMW rules, i.e. obtaining the authorizations and streamlining its management in the laboratory facilities. Related to the disease surveillance and its linkages to environmental issues, though the organizational systems are in place, this can be strengthened in a manner that more follow- up action by the LSGIs is done to improve the waste management and sanitation practices. (d) Roads – PWD: As the road investments have been so chosen that the environmental impacts are minimal, the proposed arrangements of having Technical Audit consultants (for maintenance roads) and Supervision Consultants (for CRN rehabilitation) were planned to augment the PWD’s capacity. The assessment concluded that these were found to be satisfactory. However, GoK’s ongoing effort to build in-house capacity in the PWD requires to be continued, and modules of environmental management training should be integrated with all capacity building initiatives through the Program period. (e) Urban - LSGD: Under the Program, risk-informed planning will include environmental risks among other risks in its upfront consideration. Though LSGD does not have an organizational set-up related to environmental management, this may not be necessary given the activities proposed under this Program. Integrating environmental considerations in LSGD’s organizational systems can be accomplished through the external agency support that will be required to streamline risk information in planning. The assessment concluded that would be adequate for LSGD to address issues under this Program. (f) Water Resources - WRD: For institutional development and investment planning activities, the environmental capacity needs to be mainstreamed and this is best achieved through Page | 16 training and capacity building of all the WRD staff involved with operationalizing RCBMA. Establishing a separate environmental cell or division will not be necessary. The training and guidelines that will be a part of their organizational systems require to be adequate environmental management content. Given the focus of the State Pollution Control Board and the National Green Tribunal on the Pamba river basin, it is required to integrate good environmental practices in their organizational systems. For the proposed investments that will be identified, WRD’s capacity to address environmental safeguards in large projects will suffice to ensure that these are suitably addressed during implementation. The assessment concluded that WRD’s existing capacity would be adequate to address issues under this Program. Social 46. Kerala has a strong history of integration of pro-people and participatory planning mechanisms in its administrative, policy and legal set-up. This required assessing the overall system and institutional framework against key elements of citizen’s engagement, grievance redressal, social inclusion and gender. Capacities of the following state institutions are assessed as part of this ESSA: S No Sector Partnering Sector Institutions 1 Agriculture Directorate of Agriculture, Kerala Small Farmers Agri-business Consortium (SFAC), Krishi VIkas Kendras (KVK), Krishi Bhawans, Farmer Producer Organizations / Companies (SPOs/FPCs) 2 Water Resource Irrigation Department, IDRB, Groundwater Department, RBCMA 3 Roads Public Works Department- PWD, Kerala Highway Research Institute- KHRI 4 Social Protection & Department of Revenue (DoR), Food and Civil Supplies (F&CS), DRFI Information Kerala Mission, Department of Agriculture (DoA) 5 Fiscal Reform Department of Finance 6 Health State Health Directorate- Integrated Disease Surveillance Project (IDSP)- State Surveillance Unit (SSU), District Surveillance Unit (DSU)/ Public Health Laboratories (IPHL) 7 Urban Local Self Government Department (LSGD), Department of Town and Country Planning (T&CP), Urban local Bodies (ULB) 8 Disaster Risk Kerala State Disaster Management Authority-KSDMA, Local Self Management Government Department (LSGD), Local Self Governments (LSGs) Adequate Social Capacities of State-wide Institutions to Manage Social Risks (i) Citizen Engagement: A supportive policy environment for decentralisation through empowerment of LSGs by transfer of most subjects under their domain, activating the village assemblies (Gram Sabhas) to articulate development needs of the community, sectoral priorities and prioritizing them during the annual plan preparation, a regular system of community monitoring (social audit) wherein the annual performance is reviewed and scrutinized by citizens shows adequate attention to citizen engagement and social accountability. ESSA finds that the state has a few centralized GRMs, including the Chief Minister’s Public Grievance Redressal Cell, which keeps department and category wise records of grievances, the state-wide helpline Citizen's Call Centre (CCC), and Local Self Government Departments GRM- all these provide access for citizens to submit online or telephone based complaints. Another slightly less structured system of ‘file adalats’ or file courts exists in some departments wherein pendency in resolution of grievances and works need to be explained by bureaucrats to elected representatives twice a year. The state also has an effective but informal system of redress given Page | 17 the strong organic linkage between the LSGs and the community, wherein citizens directly register their grievances (orally or through petitions) with their elected representatives (ERs). (ii) Gender and Women’s Empowerment: The Kudumbashree campaign for social and economic empowerment of women by nurturing local leadership through village institutions and women’s collectives has emerged as a pivotal agency for implementation of all key programmes for women and vulnerable groups. State also implements gender budgeting across all departments and undertakes an annual review of performance of five year plans and tracking gender outcomes identified in the gender sub-plans and providing reservation for women in government positions. GoK has a Women’s Cell to look into grievances of women, particularly, harassment against women, neglect, desertion, not recognizing her rights, and even family discords apart from a separate Domestic Violence Cell headed by a protection officer, Kerala also has multiple helplines and support systems including a dedicated Women helpline, and a Snehitha helpdesk- a 24-hour gender help desk that works to offer support to shelter-less and abandoned women through immediate help, shelter, counselling, motivation and legal assistance. (iii) Social Inclusion - The state has been promoting the interests of Scheduled Caste and Scheduled Tribe communities by specifically earmarking funds under the Tribal Sub-Plan (TSP) and Scheduled Castes Sub-Plan (SCSP) for them in districts/areas predominated by these social groups. These include specific schemes in the agriculture and livelihoods sector. Even under the RKVY since 2017-18 the states have been allocating funds under the Scheduled Caste Sub Plan (SCSP) and Tribal Sub Plan (TSP) to ensure that benefits of the scheme go directly to their intended beneficiaries- SC and STs, respectively. All development departments of GoK have to ensure that approximately 20 percent of their annual budgets are spent directly or indirectly on the welfare of these vulnerable constituencies. Limited Social Capacities of Participating Sector Institutions 47. Need for stronger sector-specific institutional mechanisms and capacities for social management. The borrowers /RKDP’s own internal assessments have alluded to the overlap and duplication of functions of multiple sectoral agencies that leads to sub-optimal efficiency and poor accountability on social management/inclusion. It recognizes the need to reorganizing these institutions to create better synergies and clearer accountability for social management. Most programme investments therefore envisage the creation of stronger institutional mechanisms to increase outreach to communities, engagement with LSGs and other community based organizations (CBOs). Under the agriculture sector, the need for revamped agriculture extension, which capacitates women extension workers, to work more closely with women farmers and other vulnerable farmers in creating awareness, ensuring their participation in planning and selection of AEU-wise packages. Similarly, ensuring representation from vulnerable sections and women in FPO leadership (including organizing women only or tribal only FPOs) - to ensure that benefits are equitably distributed across gender, social and economic groups. 48. Limited capacities of participating departments on social risk management. ESSA finds that specific interventions for managing exclusion risks need to be augmented through greater sensitization and capacity building of field staff and extension workers. For instance, this is more critical in sectors such as roads and water resources management, where capacities are more technical than social, largely because these departments are traditionally ‘engineering’ departments with limited public dealing of an ‘accountable’ nature. This also holds relevance for social protection, where there are no established institutional structures for the proposed unified social protection database and is likely to be created within the department of revenue, which has limited experience around social safety. Social protection schemes are mainly accessed by those who are most vulnerable to disaster events and shocks in the Page | 18 society- including elderly, PwD, single women, children, patients, victims of violence and abuse and transgender. Any transition to a new and unified system of benefit/ entitlement delivery is likely to lead to increase the susceptibility of the eligible beneficiaries unless the intervention is accompanied by strengthening of capacities of participating institutions. This will require specific capacities in the area of citizen’s engagement (for making the scheme participation more inclusive and norms simplified), awareness generation (to create awareness about schemes, their eligibilities and process for accessing them) and accountability. Page | 19 IX. Assessment Against Core Principles Environment Principle#1 E&S systems promote sustainability, informed Principle #2- E&S systems handle impacts on Principle#3- E&S Systems designed to protect public and decision making, avoid adverse impacts nat. habitats phy/ cultural resources worker safety The GoI / GoK’s framework (laws and regulations) - The GoI / GoK’s regulatory systems pertaining The regulatory systems include the Building And Other environmental, forests and pollution control acts and rules - to natural habitats, particularly forests and Construction Workers (Regulation Of Employment And were assessed and found to be adequate to manage the eco-sensitive areas were assessed and found Conditions Of Service) Act 1996 and Kerala Rules, 1998. environmental effects of the Program activities. As these to be adequate to manage the adverse The Act and Rules mandate health and safety compliance activities have only low and moderate impacts, these are not environmental effects if these arise during a major focus of the framework. The applicability of the implementation. for all civil works, and is regulated by the Labour framework is limited and only to the investment activities / Commissionerate. civil works proposed in the PWD, Health Department and The Program activities do not include While the systems are in place, the enforcement needs to WRD. The capacity to ensure regulatory compliances environmental effects on natural habitats or be strengthened. Worker and public safety are generally requirements exists in the regulatory and implementing cultural heritage sites. No significant managed through provisions in the bid / contract departments. conversion or degradation of critical natural documents that the implementing departments – having habitats or physical cultural heritage is civil works - will be using to procure its contractors. The At the Program level, the implementing department’s in - envisaged. house capacity will be strengthened through use of external provisions will be made part of agreements with consultants and EHS provisions in the bid / contract The consistency to this core principle was contractors and will be monitored. documents on EHS management in the sectors where civil confirmed. Given the prevailing Covid-19 pandemic situation, this works have been planned. should also include additional requirements of the use of PPEs (face masks), physical distancing and handwashing In the institutional development and investment planning practices that may be required of the contractor and sub- activities, there is sufficient awareness, competence and 1 contractor personnel. All of these have been included as guidelines with the department systems to ensure that environmental issues are appropriately considered. PAP recommendations. With this further strengthening, consistency to this core The consistency to this core principle was confirmed. principle was also ensured in the Program design. 1 World Bank ESF / Safeguards Interim Note: Covid-19 Considerations in Construction / Civil Works Projects, April 2020 Page | 20 Social Sector Principle#1- E&S systems designed to Principle #2- Principle#3- E&S Systems Principle #4- Principle#5- E&S systems give due Principle#6- promote sustainability, informed E&S systems designed to protect public E&S systems consideration to the cultural E&S systems decision making, avoid adverse impacts handle and worker safety manage land appropriateness of, and equitable avoid impacts on acquisition access,, rights and interests of exacerbating nat. habitats loss of access Indigenous Peoples social conflict phy/ cultural to nat resources resource Agricul The program will operate within NA Proposed investments No Activities are aimed at increasing The nature of ture adequate legal framework; project involve government investments income of S&M, women & tribal program screening shows no substantial risks; employees who are are planned farmers; the operation seeks shift investments is institutions and systems are competent protected by national that may lead to a new approach for which such that they to manage impacts; state has mature /state laws, service rules to physical or existing institutions need to are not likely to systems to promote citizens from exploitation, & abuse. economic ensure adequate consultations & lead to or engagement, gender, inclusion & Majority functionaries in displacement awareness; investments aim at exacerbate transparency. Kerala are women, of creating farmers collectives so that social or LSGs have a system of social audit including agri extension communities exclusion & economic risks are resource wherein performance across sectors workers, therefore burden or individuals minimised. conflicts. (including agriculture) is collectively of expanded mandate will - whether State systems, established norms reviewed by Gram Sabha (village fall on them for which safe temporary or will need to ensure equity in assembly). GoK deploys competent and reasonable working permanent in benefit distribution, especially to human and financial resources, hours will need to be nature. women, who despite land reforms although last mile delivery is affected as enforced. don’t have land ownership in organizations are overburdened; Kerala has highest no. of proportion to their participation in capacities need to be augmented, as the S&M & women farmers agricultural sector and get program intends to change basic (Kudumbshree) due to excluded from receiving farm approach to agriculture planning in the which there is strong benefits. Pamba Basin. enabling ecosystem for Potential lack of affordability to State level GRMs are responsive, women safety and new PoPs for marginalised, tribal although more robust department inclusion. Laws provide and women farmers as well as risk specific GRMs are needed to make the security to agricultural of exclusion of vulnerable from system accountable. workers and allowances decision making roles in FPOs. during temporary Page | 21 Sector Principle#1- E&S systems designed to Principle #2- Principle#3- E&S Systems Principle #4- Principle#5- E&S systems give due Principle#6- promote sustainability, informed E&S systems designed to protect public E&S systems consideration to the cultural E&S systems decision making, avoid adverse impacts handle and worker safety manage land appropriateness of, and equitable avoid impacts on acquisition access,, rights and interests of exacerbating nat. habitats loss of access Indigenous Peoples social conflict phy/ cultural to nat resources resource unemployment. Water The sector institutions/ departments The The project workers in this No Proposed activities are aimed at While water Resour have low social capacities primarily operations in sector involve public investments improved information generation resources of ce owing to technical focus and limited this sector servants of irrigation are planned and analysis for equity in water Pamba Basin community interface; social capacities do not department, IDRB and that may lead allocation, timely information for are contested need bolstering as they have to work on support some contracted staff in to physical or better flood preparedness and between Govt equity in water distribution, reasonable activities that RBCMA and its PMU. The economic hence resilience. of Kerala and voice and access to fisher-folks, making may have an public servants are displacement If prepared through a participatory Tamil Nadu, usable WRIS for increased community impact on protected by national / of process, basin plans could better operations are resilience and preparedness. the religious states laws, service rules communities respond to community needs, esp. aimed at Considering the potential risks which or cultural from abuse and or individuals of women & landless. Sector efficient are low to moderate, state systems are resources of exploitation. - whether institutions will need to bolster utilisation, not mature and with added capacities communities The operation will need to temporary or social capacities by partnering creating sector institutions can handle these ensure fair working permanent in with NGOs, CBOs and LSGs to additional risks and impacts, ensure citizen’s conditions for contracted nature. assess people’s needs and demands on engagement, participatory river basin workers that are deployed articulate them in plans. There is, water; hence planning and greater transparency in the RBCMA. however, risk of exclusion of not likely to through disclosures and information vulnerable. fishing communities & exacerbate sharing. women from the planning process, conflicts. The department needs a dedicated and which may lead to inequity in inter comprehensive GRM to ensure efficient se allocation of water or in fixing redress of complaints tariff/ cess. Roads Sector institutions have low social Operations Safety of workers/ labour Although state Roads planned for expansion and The nature of capacities although continued don’t management will be systems for improving connectivity to tribal program engagements with Bank under KSTP I & support secured through effective land habitations are likely to be socially investments is II, Resilient Kerala Program activities that contractor management. management beneficial- improved access, such that they Page | 22 Sector Principle#1- E&S systems designed to Principle #2- Principle#3- E&S Systems Principle #4- Principle#5- E&S systems give due Principle#6- promote sustainability, informed E&S systems designed to protect public E&S systems consideration to the cultural E&S systems decision making, avoid adverse impacts handle and worker safety manage land appropriateness of, and equitable avoid impacts on acquisition access,, rights and interests of exacerbating nat. habitats loss of access Indigenous Peoples social conflict phy/ cultural to nat resources resource Development Policy Loan have led to a have an Large scale mobilization of are closely better rescue-relief to tribal are not likely to more accountable and responsive impact on non-local labourers is aligned with settlements during adverse events lead to or working. This is notwithstanding that religious or expected for maintenance, bank policies, and better resilience. Usually such exacerbate departmental decisions are still driven cultural repair contracts. This will there is habitations get excluded as tribal / social or purely by technical considerations- resources. need developing Covid- divergence in indigenous communities live on resource selection of roads for maintenance or Any road compliant Labour treatment of hilly terrains / uplands, which are conflicts. repair is based on estimated volume of modification Management Procedures encroachers. the least preferred landscapes future traffic and present road adversely for worker & community PWD calls for owing to difficulty of construction conditions rather than need to reach infringing on safety. legal action (costs and forest clearances) and remote, inaccessible, tribal habitations. community Labour mobilization can and eviction of convenience. Likely social risks relate to land conserved pose influx related risks, occupants, There is risk of exclusion of tribal management esp. treatment of areas/ sacred especially considering that while bank communities & women from encroachments and squatters, will need groves will state has dispersed, low policy calls for prioritization of roads needing to be aligned to Bank policies. be excluded population settlements, resettlement. urgent expansion or maintenance Although PWD has a dedicated GRM from which further reduces the Works as departmental systems look at it and a new digital platform based GRM program absorptive capacity of requiring large from technical perspective rather (proposed under RMMS), it needs to be investment communities. Adequate scale displace- than adding an inclusion lens to accessible and transparent in order to measures will be needed, ment to be the decision making. build the trust of citizens/ users to including orientation of excluded from access them. workers and community the program. awareness on labour influx and preventive & mitigation measures would be required for risks of gender based violence . Social Investments are aimed at creating The Proposed investments No Unified state database of ‘eligible’ The nature of Page | 23 Sector Principle#1- E&S systems designed to Principle #2- Principle#3- E&S Systems Principle #4- Principle#5- E&S systems give due Principle#6- promote sustainability, informed E&S systems designed to protect public E&S systems consideration to the cultural E&S systems decision making, avoid adverse impacts handle and worker safety manage land appropriateness of, and equitable avoid impacts on acquisition access,, rights and interests of exacerbating nat. habitats loss of access Indigenous Peoples social conflict phy/ cultural to nat resources resource Protec better disaster preparedness by operations in involve working with investments is likely to greatly benefit poor and program tion & improving efficiency in delivery of public this sector government staff governed are planned vulnerable. Since reconfiguration investments are DRFI entitlements and benefits under do not by national/ state laws and that may lead of social security entitlements is likely to reduce different social security schemes and support protected by service rules to physical or aimed at improved efficiency and vulnerability also supporting risk financing in activities that from abuse, exploitation. economic timeliness, which is crucial for and create agriculture as a measure to increased may have an Majority of functionaries in displacement elderly, PwD, single women, who systems to resilience of farmers. impact on agriculture extension are of depend on these benefits for food improve their However, the exclusion of marginal, religious or women; legal framework communities security and survival. resilience. women and tribal farmers from cultural offers safeguard to women, or individuals Crop insurance may, however, accessing crop insurance and lack of resources. but work of social - whether lead to exclusion of smallholders enabling local ecosystems, including protection /crop insurance temporary or and those with unclear land titles limited human resources and will fall on women frontline permanent in (women and tribal producers), institutional capacities remain a concern staff for which safe and nature sharecroppers if eco-system and reason for low off-take. reasonable working hours around it is not improved to make There is also risk of exclusion of fishing need to be enforced. it inclusive- in terms of eligibility communities from pre-disaster safety or transaction costs . nets and also risk of increased gender based violence as these entitlement are aimed to be delivered into the accounts of female members of households. Fiscal NA NA NA NA NA NA Refor m Health Sector investments are likely to operate The IDSP has detailed & Dept will use State systems are geared to The nature of within a strong sectoral and state legal operations in functional protocols on space within provide free/ affordable inclusive program framework that ensures equity and this sector worker safety - bio-safety existing health health services. District health investments is Page | 24 Sector Principle#1- E&S systems designed to Principle #2- Principle#3- E&S Systems Principle #4- Principle#5- E&S systems give due Principle#6- promote sustainability, informed E&S systems designed to protect public E&S systems consideration to the cultural E&S systems decision making, avoid adverse impacts handle and worker safety manage land appropriateness of, and equitable avoid impacts on acquisition access,, rights and interests of exacerbating nat. habitats loss of access Indigenous Peoples social conflict phy/ cultural to nat resources resource inclusiveness in delivery of health do not and biomedical waste institutions- planning processes ensure such that they services. support management procedures, for IPHL consultation with different are not likely to Relevant health institutions and local activities that which are regularly Although 150 constituencies and representation lead to or governments are competent to assess may have an reviewed and reported. sq meters per of their needs in Health Plans. exacerbate and manage likely social risks. There is, impact on Most IDSP positions in SSU, lab is needed Based on realisation of social or however, risk of new IPHLs being the religious DSU and IPHLs are at district vulnerabilities and specific health resource understaffed to deliver on their larger or cultural contractual whose level, it’s related needs of social groups, conflicts. mandate of conducting more tests for resources of employment conditions are possible that state operates several social effective disease surveillance. An communities not clearly defined. Key these sites security schemes providing health assessment of reasons for high positions in DSUs/IPHLs are may not be benefits and healthcare to elderly, vacancies at IIPHLs will need to be done vacant impacting scheme & free of PwD, orphans, single women, to ensure competent staff that enjoy lab performance. encumbran- children of female headed favourable work conditions Likewise, Engagement of women ces. households. Understanding the capacities of community health frontline workers apart Considering need to bring these services closer volunteers also need to be enhanced from Kudumbshree women divergence in to the community, department is before they are engaged in disease as health volunteers is also treatment of expanding the IPHL network. State surveillance. likely to impose safety risks non- titlehol- strategy of mobilizing health The program (IDSP) does not have a unless they are made well der Bank volunteers is aimed at improving dedicated functional GRM to handle aware of risks & precaution policy will outreach and responding to program specific grievances and and may pose threats of need to be vulnerable. feedback and needs to be created. abuse and safety risks. adhered. Urban Proposed investments operate within The The project workers here No Sector activities are aimed at The nature of adequate legal and regulatory operations in are public servants- staff of investments enhanced institutional capacities program framework. LSGD has strong systems this sector line department and are planned to respond to future disaster investments is and institutions to ensure social do not municipal bodies. These that may lead events, better planning of urban such that they sustainability, equity and inclusiveness. support public servants are to physical or settlements to create urban are not likely to Page | 25 Sector Principle#1- E&S systems designed to Principle #2- Principle#3- E&S Systems Principle #4- Principle#5- E&S systems give due Principle#6- promote sustainability, informed E&S systems designed to protect public E&S systems consideration to the cultural E&S systems decision making, avoid adverse impacts handle and worker safety manage land appropriateness of, and equitable avoid impacts on acquisition access,, rights and interests of exacerbating nat. habitats loss of access Indigenous Peoples social conflict phy/ cultural to nat resources resource LSGIs are strongest institutions in the activities that protected by service rules, economic resilience. Improved land-use lead to or state with a rich history of associating may have an national/ state laws from displacement planning, better community exacerbate with citizens for development planning, impact on exploitation & abuse. The of awareness and regulated social or although experience of associating for the religious operation will need to communities development in hazard prone resource master planning is rather limited. ULBs or cultural ensure fair working or individuals areas will reduce vulnerability. conflicts. lack adequate human resource and are resources of conditions and working - whether ULBs will need institutional overburdened to support effective and communities hours for staff deployed in temporary or strengthening so that they can participatory Master Planning. Being preparation of Master permanent in enforce stronger regulation largely dependent on state, ULBs lack Plans, especially female nature. around land-use/ town planning financial resources to implement these staff, who will be and be made accountable for plans. They lack sufficient regulatory facilitating participation in these Master Plans. powers to ensure adherence to land plan preparation. If tribal settlements or common use, prevent plan violations or property regimes fall near or timebound preparation and notification within municipal limits, such ULBs of plans. will be excluded from the pilot. Disast Kerala has most enabling legal The The project workers in case No Climate and disaster events The nature of er Risk environment for DRM. Recent spate of operations in of this sector are public investments adversely impact the marginalised, program Mana floods & landslides forced the state to this sector servants- staff of KSDMA, are planned and inter-sectionally vulnerable. investments is gemen ensure a comprehensive and inclusive do not local bodies. These public that may lead Better hazard & vulnerability risk such that they t DRM framework. support servants are protected by to physical or assessment & its use to make are not likely to LSGD and LSGs that anchor DRM activities that the service rules, national economic climate informed DRM plans will lead to or activities address issues of equity and may have an /state laws on protection displacement improve community awareness exacerbate inclusion in public services and have impact on from abuse and of and capacities for preparedness. social or competent systems to ensure inclusion the religious exploitation. communities Decentralised, planning adopted resource of vulnerable groups during preparation or cultural Since most disaster related or individuals- and refined over last 25 years, has conflicts. Page | 26 Sector Principle#1- E&S systems designed to Principle #2- Principle#3- E&S Systems Principle #4- Principle#5- E&S systems give due Principle#6- promote sustainability, informed E&S systems designed to protect public E&S systems consideration to the cultural E&S systems decision making, avoid adverse impacts handle and worker safety manage land appropriateness of, and equitable avoid impacts on acquisition access,, rights and interests of exacerbating nat. habitats loss of access Indigenous Peoples social conflict phy/ cultural to nat resources resource of climate risk informed DRM plans. In resources of frontline workforce in the whether led GoK to pay significant recent years LSGs have developed communities state comprises women- temporary or attention to identifying needs, capacities to undertake DRR planning. Kudumbshree members permanent in (through dedicated gram / ward Nearly 850 GPs have prepared DRM and ASHA or Anganwadi nature. sabhas or women sabhas) and plans, but await implementation for Workers, additionality of ensuring place for them in final want of resources and mandate. mandate will impact their plans. Such plans explicitly identify LSG functionaries are overburdened and working conditions and investments directed at the lack human resource to support working hours, which welfare of vulnerable groups- participatory DRM planning. needs to be addressed to women, elderly, children, SC, ST ensure fair working and transgender. conditions and safety. Page | 27 X. Key Inputs from Stakeholder Consultations Environment 49. State-level consultations feedback: These consultations were carried out both the Bank’s ESSA team and by local institution, KILA. The highlights relevant to environmental systems were as follows: No. Sector Feedback - Highlights 1 Agriculture  Agroecological Zone (AEZ) approach with agroecological management units will lead to selecting the most suitable crop for particular ecosystems. This will lead to less environmental damage, i.e. less fertilizer use, less pesticide use and less erosion. It is expected to be beneficial for the environment.  Building the relevant environmental capacity in the Farmer Producer Organization as part of the overall capacity strengthening will be required.  In the Integrated Agricultural MIS, the first is to focus on information of economic and financial relevance to the farmer. Subsequently, this will be extended to include relevant environmental information as well. 2 Disaster Risk  There are no environmental effects and hence environmental systems are Financing not relevant. 3 DRM  In the template for disaster management plans for the LSGIs, there is inclusion of environmental considerations such as environment-friendly roads, water & soil conservation, green buildings and adoption of the green protocol  Flood, land use changes, watershed management and appropriate capacity building of LSGIs should be done in an integrated manner. 4 Fiscal / Debt  There are no environmental effects and hence environmental systems are not relevant. 5 Health  There is only one bio-medical waste disposal facility in the state and is overburdened. This is a constraint and disposal facilities need to be expanded.  For liquid waste, the treatment systems are not adequate. Further there are no municipal sewer network except for Thiruvanathapuram. Therefore, there are liquid waste disposal constraints.  ISDP data for 2019 revealed that (i) there is the highest occurrence of deaths due to Leptospirosis; and (ii) there is the highest number of cases of diarrhoea. Both these are due to poor solid waste and sanitation practices. 6 Roads  None of the roads in the Program pass through ecosensitive areas such as forests and wildlife areas.  To manage the construction-related impacts during the road rehabilitation, the contractor requires to have environmental capacity. Further, there will be environmental capacity within the supervision consultants to support the PWD.  For the long-term performance-based maintenance, there will be supervision consultants to support the PWD in overseeing the contract. These supervision consultants will interface between the PWD and the contractors; and provide the necessary support on environmental issues as well. Including environmental capacity strengthening as a part of road asset management systems is a good idea.  There will be no widening in any of the roads rehabilitation that are being planned under the Program. There may be some incidental tree-cutting that will be done after taking the required permissions. 7 Urban  Risk informed plans will be beneficial. This should necessarily include environmental risks. One of the main urban problems is the conversion of land use (paddy lands, wetlands and hilly lands), which results in Page | 28 No. Sector Feedback - Highlights environmental problems indirectly. Town and Country Planning Department will need the capacity to develop these risk informed plans and facilitate the adoption by the LSGs.  Finding land for waste disposal, preventing the conversion of paddy land and adopting proper scientific approaches to planning are the main issues. 8 WRM  In the river basin approach, environmental management has to be integrated. Capacity building of the WRD institutions will be required in order to achieve effective environmental performance.  WRD has done a number of externally aided projects (e.g. dams) and is familiar with the environmental studies such as ESIA and ESMPs, which are used to manage environmental impacts.  The Pamba River Basin is particularly important from an environmental point of view as it has been a focus of the State Pollution Control Board in terms of polluted stretches and also the National Green Tribunal in the aftermath of the floods. In finalizing the river basin plan, the environmental concerns should be duly considered and suitably integrated.  River pollution due to drainage outfalls, pesticide run-off and lack of a scientific approach are the primary problems that needs to be addressed in an integrated manner. 50. Community Consultations feedback: The highlights relevant to environmental systems from the consultations with the gram panchayats and municipalities (covering 328 community members) in the four districts done by KILA were as follows: No. Sector Feedback - Highlights 1 Alappuzha  Agriculture: AEMU-based planning will help protect the environment. (Mannar,  Roads: These assets are inhibitors of natural flow and there is a lack Pandanad and of proper scientific approaches in road design & construction. Kainakari  Urban: Capacity strengthening of LSGIs to manage the main problems Panchayat; and – floods, water contamination and solid waste pollution – is required. Alappuzha  WRM: Depth of the Pamba river is decreasing, river mining should be Municipality) regulated an integrated approach is necessary. 2 Idukki  Agriculture: Pollution caused by chemical fertilizers, loss of fertility (Peermade, and soil erosion are the main problems. Peruvanthanam,  DRM: The planning should be based on geographic, climatic and Vandiperiyar and environmental features of a particular location. Kumily  Roads: Management of road construction is important, i.e. landslides, Panchayat) quarry management, accident management and worker use of safety gears  WRM: Water shortages and the need for conservation, protection of ponds and water bodies and rainwater harvesting are all important and the panchayats have a critical role in the Pamba river basin plan. 3 Kottayam  Agriculture: The current farming practices are leading to adverse (Kooruthodu, environmental impacts. And, the FPO capacity on dealing with Mundakayam environmental issues have to be built. and  Roads: Drainage, air & dust pollution, tree cutting, roads not weather Manimala resistant, water-logging and unscientific approaches to design and Panchayats; and construction. Changanaserri  Urban: Unscientific road constructions, degraded canal system, Municipality) inefficient drainage system, drinking water shortage, decreasing attention to agriculture sector, air and water pollution, excessive waste generation and absence of waste management are the key Page | 29 No. Sector Feedback - Highlights environmental issues  WRM: River depth is a key issue, integrated approach is required and Government & civil society should work together. 4 Pathanamthitta  DRM: LSGIs are not capable. Need to improve their capacity through (Ranni, Perunad training and awareness on different sectors. and Aranmula  Roads: Air pollution, worker protection and conversion of paddy land Panchayats; and are the key issues. Thiruvalla  Urban: Drinking water and sanitation, drainage and sewage systems Municipality) are the main issues.  WRM: Past constructions were unscientific, sand mining in the rivers, rock falls due to deforestation and waste dumping are issues that need to be addressed in an integrated manner. 51. All the feedback obtained from the various stakeholder consultations have been considered both from a Program design and ESSA perspective. On the key environmental issues and the lack of capacity within the LSGIs, these will be addressed as a part of the Program’s support in developing institutions to create the foundations for multidimensional resilience. This will address the feedback pertaining to Agriculture, DRM, Health, Roads, Urban and WRM. The feedback related to the investments that will be in the four districts along the Pamba river basin, namely Alappuzha, Idukki, Kottayam, and Pathanamthitta, will have to be addressed through building the capacity in the three sectors - Health, Roads and WRM. These are primarily related to managing civil works through EHS provisions in the bid / contract documents and streamlined monitoring & supervision. Certain capacity already exists within the implementing departments. In the light of the feedback, these were re-examined and the ESSA’s Program Action Plan has included measures to enhance the capacity where necessary, e.g. Health Department. 52. The overarching feedback about adopting an integrated approach between implementing departments and between GoK and civil society organizations is an important one from the community-level consultations. This has already been considered through the multi-sector Program design at the local level. In specific, the river basin management approach of the Pamba river is aimed to encourage such an integrated approach. Building environmental content in the capacity building initiatives pertaining to the river basin management has been identified as one of the Program Action Plans. Social 53. Feedback from the stakeholder consultations: These consultations were carried out both the Bank’s ESSA team and by local institution KILA engaged for the purpose. The feedback received from the stakeholders informed the gap analysis and the recommendations made for strengthening the management of social risks and impacts. Sector State Consultations Community Consultations Agriculture  IAMIS features are being expanded  Tenants (and landless) don’t get the and made more user friendly/ same scheme benefits as the simple landowners.  AEU based packages are based on  FPO leadership is under constant affordable technologies targeting pressure from external entities, so smallholders members need to be educated and  AOs should have more time to made aware about its use and purpose spend on field for extension work  IAMIS is being used by very few & handholding homestead farmers progressive farmers (with smartphones), awareness and easier access needs to be created Page | 30 Water Resource  Deptt has a limited community  Most Local bodies don’t have interface and banks on LSGs/ NGOs experience of water budgets or water  Comprehensive capacity building security plans, but with some capacity of department/authority required development could be best suited to to secure interest of vulnerable prepare inclusive river basin plans. communities during river basin  The current flood forecasting systems/ planning messages are too technical and difficult  Basin level discussions were only to understand sometimes done sometimes with elected  Water scarcity felt more acutely on representatives, never with highlands where even water tankers are community difficult to reach Roads  Most projects get delayed due to  Roads made by LSGD need approval by the process of land acquisition Gram sabha and consultation with  For roads costing more than INR community, not so in case of PWD 150m, there is a E&S cell to assess roads- Panchayats have no role impacts  No discussion or awareness in  Labour management is contractors community on how road packages are responsibility and current PWD selected and if some screening tenders don’t make prevention of performed to assess impacts GBV/ SEA part of contractors  Panchayats should be consulted before obligation. road selection and monitor adverse livelihood impacts due to road construction Social  Although revenue department will  There are some exclusion errors in social Protection & be nodal for social registry, LSGD is protection database although periodic Disaster Risk best placed for the job. update and rectification takes place Financing  Access and inclusion can only be  Scope for making the procedure for addressed through awareness and accessing social protection entitlements gram sabha mobilization simpler  Crop losses are mostly  Crop loss is compensated only if impact compensated through IAMIS for is large scale, payouts are sometimes those already registered on the delayed and insurance is usually portal accessed by those with smart-phones, large and progressive farmers Fiscal Reforms No consultations around this sector No consultations around this sector Health  Government facilities are free and  There are no cases of denial or charges of private ones are discrimination in rendering services regulated, large population is although in some areas with no public covered by national health facilities charges are unaffordable insurance scheme  Need to deploy more health workers to  Worker safety is ensured through manage pandemic with training on series of trainings on infection awareness generation and pandemic control and provision of management equipment  Concerns about long work shift and lack of insurance cover of frontline health workers Urban  For resilience planning, instead of  There is limited community participation vulnerable communities, focus during master plan preparation- lack of should be on vulnerable areas clarity about the process of its which covers all preparation  Most buffer zones are under high  SHGs, Resident Associations, ward pressure and public awareness can sabhas need to be involved and inputs counter attempts at sought before finalization of master encroachment/ land grab plans. Disaster Risk  Primary relief agencies are revenue  Most elected leaders or community Page | 31 Management and agriculture but have limited members have not received any formal understanding of social issues and DRM training and need to create risks of the vulnerable awareness  LSGD is therefore being provided a  ULB capacities need to be augmented to more important role in relief and steer preparation of climate and rehabilitation disaster informed plans XI. Disclosure 54. The draft ESSA reports – this draft ESSA Summary Report (Part A), the draft ESSA Environmental Report (Part B) and the draft ESSA Social Report (Part C) will be disclosed on Monday, February 8, 2021 in the RKI website. This disclosure will be the English version. The draft ESSA Summary Report (Part A) will be translated in the local language - Malayalam – and will be disclosed on Tuesday, February 9, 2021. Comments, suggestions and any other feedback will be requested along with this website disclosure. 55. All of these disclosures will be ahead of the stakeholder workshop planned on Thursday, February 18, 2021. As part of the invitation to the workshop, the invitees will be sent the draft ESSA Summary Report (Part A) for their prior reading and this will also constitute disclosure. The feedback obtained during the workshop will be used to further refine and finalize the three draft ESSA reports. Once final, the ESSA reports will be disclosed in the RKI website and also the World Bank website. Print copies of the ESSA reports will be made available upon request at the RKI office. XII. Recommendations and Actions / Exclusions Environment 56. The assessment revealed that the implementing departments have adequate capacity to deal with the various environmental effects, which are low-to-moderate in nature. For those sectors that include civil works, i.e. roads, health and WRM, there will be environmental effects that have to be managed during construction. Capacity augmentation planning in terms of external consultants and including provisions in the bid / contract documents have already been planned. More than addressing gaps, this Program offers opportunity to strengthen environmental performance in the different sectors. Further, the environmental sector institutions such as the DoECC are not integrally connected with the sectoral environmental issues and the sector departments. Their expertise is not reaching these sectors and integrated approaches are not being facilitated. This gap and other areas of strengthening have been included in the Program Action Plan. 57. The following table includes the list of activities to be undertaken towards environmental systems strengthening in the context of the Program activities: No. Sector Description Timeline Indicator for completion E1 Agriculture Develop relevant environmental End of Year 1 Evidence of the content in the training and capacity and the rest of conduct of building to be given to AEMUs and project period training that FPOs. Conduct such training for includes mainstreaming environmental environmental considerations. content E2 Health Review and strengthen the bid / End of Year 1 Standard bid / contract provisions pertaining to EHS contract for civil works when the new or documents of expansion of PHLs is undertaken DoHFW include Page | 32 No. Sector Description Timeline Indicator for completion EHS provisions E3 Health Develop and conduct focused staff End of Year 1 Evidence of the training to streamline BMW and the rest of training material management systems in the new or project period and the conduct expanded PHLs of training in PHLs E4 WRM Develop relevant environmental Throughout the Evidence of content in the training and capacity project period training building pertaining to institutional conducted that development and investment includes planning. Conduct such training for environmental mainstreaming environmental content considerations. E5 Environment Facilitate a regular dialogue between Throughout the Evidence of the the environmental sector institutions project period periodic conduct such as the DoECC and SPCB and of the dialogue sector institutions to enable a two- way capacity-building. Social 58. The ESSA proposes the following recommendations that have emerged through analysis of potential social risks and the systems’ capacities, inputs from stakeholders, including from field consultations with the community on possible ways to better address these. Sector Gaps/ Risks Recommendations Agriculture 1. Multiple institutions with 1. Need for a more enabling policy overlapping mandates leading to environment with clearer low accountability accountability frame 2. Risk of exclusion - from the planning 2. Improved departmental capacities, processes (voice), or representation especially of managers and extension in decision making roles in FPOs staff to ensure inclusion in design and (agency) implementation 3. Lack of a strong and dedicated GRM 3. Need for a dedicated GRM to address for closer scrutiny and complaint sector and investment specific tracking grievances Water Resource 1. Women as prime impactees (of 1. Involvement of local CBOs like disaster) and benefactors of flood Kudumbshree, Fish Cooperatives to information (preparedness) need to facilitate participation of women & have central role in basin level dialogue with community planning and water allocation 2. Close working with LSG for inclusion 2. RBCMA may lack requisite social of interest of all constituencies, capacities to ensure gender equity and community participation mainstreaming and participation in in river basin planning, basin planning or developing WRIS 3. Need for a dedicated GRM to address that fits community needs sector and investment specific 3. Lack of a strong and dedicated GRM grievances for closer scrutiny and complaint tracking Roads 1. Low participation/ LSG community 1. Need for closer, direct or indirect in selection and prioritization of dialogue (with users/ CSOs/ LSGs) for road packages selection and screening of road 2. Existing GRM needs to be further packages strengthened, RMMS also likely to 2. A more transparent, accountable and bolster existing system well disclosed GRM will improve Page | 33 Sector Gaps/ Risks Recommendations 3. Land Management practices, usage and trust especially with respect to 3. Current ‘eviction’ based approach to management of non-titleholders is encroachers and non- titleholders not aligned with the Bank policy needs to be replaced with a more responsive & rehabilitation based one or exclusion of investments requiring large scale resettlement; provisions for mitigating risks related to GBV/ SEA and labour influx need to be duly incorporated in tender documents. Social 1. Unification of social protection 1. Need to strengthen capacities of Protection & database may lead to exclusion or institutions for smoother transition, DRFI need to re-establish eligibility simplified norms and accountability (afresh) leading to denial, esp for for ensuring continuity of the fishing communities. entitlements, as the most vulnerable 2. Eco-system around crop finance is depend on these safety nets. exclusionary, favouring S&M 2. Need for restructuring crop insurance farmers and processing of scheme to make it inclusive and settlement lacks transparency processing transparent, timebound. 3. Other than PDS, no other major 3. The new social registry needs a social entitlement scheme has a strong, simple, well publicized GRM strong GRM, with GRM for crop as people with least awareness and insurance. most vulnerability access them; similar mechanism needed around crop insurance as well Fiscal Reform No risks NA Health 1. Outreach or extn is offered by 1. Need of fair working conditions for contractual staff with insecure deptt. staff/ frontline workers/CBOs/ tenure & vague terms / conditions; volunteers with reasonable working sometimes CBO & volunteers, hours, safety measures and capacity especially for health surveillance, building / awareness on precautions this has health and safety related and health safety risks for workers- mostly women. 2. Need to familiarize concerned 2. Potential sites for IPHLs may not be institution with the bank policy, esp. free from encumbrances and may with regards to encroachments and have to be vacated for setting up need for rehabilitation/resettlement labs of non-titleholders. 3. Lack of scheme specific GRM 3. Need to create a dedicated GRM 4. Risk of sexual exploitation and around health/ disease surveillance abuse (SEA) for female frontline 4. Measures for preventing and health workers and exclusion of mitigating SEA risks and ensuring migrants from access to services inclusive testing-surveillance services. Urban 1. Good overall social management 1. ULBs/LSGD will need adequate but need more capacities to human and financial resources plus understand specific social risks/ capacities to integrate social vulnerabilities related to sector management practices into proposed investments- like capacities for investment areas like development of making spatial plans inclusive and Master Plans using a participatory linking them with district process. development plans 2. Stronger legal regime will help in 2. Accountability framework for town fixing clearer accountability of ULBs planning is unclear and weak- while for preparation of time-bound, risk ULBs are made responsible for their informed Master Plans preparation, they lack regulatory 3. Need to strengthen the existing GRM, Page | 34 Sector Gaps/ Risks Recommendations powers create awareness and transition 3. Even though LSGD and LSGs have towards digital systems of grievance their own GRMs their use is limited redress that are traceable and and their functioning not as clear/ accountable. transparent Disaster Risk 1. Good overall social management 1. ULBs/LSGD will need adequate Management but need more capacities to human and financial resources plus understand specific social risks/ capacities to integrate social vulnerabilities related to sector management practices into proposed investments- like local impacts of investment areas like development of climate change and integrating Master Plans using a participatory those complexities into DRM or LSG process. plans. 2. Need for roadmap with clear 2. Climate informed DRM plans will be assignment of roles and ineffective if not linked to budgets, responsibilities within ULBs to local development plans with clear integrate CC-DRR into annual plans assignment of responsibilities. 3. Need to make GRM digitally inclusive 3. Even though LSGD and LSGs have and accessible through multiple their own GRMs their use is limited mediums, grievances traceable, and their functioning not as clear/ proactive disclosure of grievances transparent and how they are being used for systems improvement 59. Strengthening Capacities for Inclusive and Participatory Planning in Different Sectors . The PforR operation demands key institutions such as WRD, PWD, Health to engage more closely with communities to meet the PSO and its DLIs. The overall strong capacity of the state on participatory planning needs to percolate down to these sectors through focused capacity enhancement of these institutions on social management. This needs to be complemented by initiating development of specific sector strategies to strengthen the role of women or tribal or migrants as primary benefactors, as they are most vulnerable to disaster/ climate/ health events and may need to be provided a distinct voice and agency through participatory planning and decision making process for greater individual and community level resilience. 60. Improved Capacities of Sectoral Institutions on Social Issues. The key partnering departments need to bolster their capacities for citizen’s engagement, gender mainstreaming, making existing services more inclusive and accessible to vulnerable and marginalised populations. . This will include activities like servicing the information needs of women farmers, tenants/ sharecroppers, S&M farmers through an expanded IAMIS, reorienting the process of selecting or prioritizing road packages and even agriculture package of practices, ensuring an WRIS that can be used by S&M farmers, fishing communities and landless in the river basin. For example, in Urban sector/ ULBs it will mean creating additional capacities for linking spatial plans with district development plans; augmenting capacities of LSGs to assess community level/ local impacts of climate change and building those social risks (depending on social groups impacted and their specific vulnerabilities) in the climate informed plans; tracking inclusiveness of programmes; ensuring allocation of budgets for integrating social management strategies in their work. 61. Fair Working Conditions for frontline staff and outreach workers. Given the program’s focus on deeper engagement with the community, field level cadres of key departments and institutions, who are mostly women and are already overburdened, are likely to see expansion in their current responsibilities if the current planning processes are to be made more rigorous and participatory. Moreover, shortage of staff is often met through Page | 35 hiring of contractual workers or by engaging frontline staff- extension workers in case of agriculture, ASHA/ AWW in case of health or Kudumbshree members providing outreach in local bodies- all of which are mostly women. It is proposed that sectors undertake assessment of the staff arrangements, capacity needs and working conditions of staff in order to evolve specific measures to ensure that the safety, including GBV/SEA, and fair working conditions are met with. 62. Stronger and Dedicated Grievance Redressal Mechanisms. While the state has a reasonably functioning, centralized Grievance Redressal Mechanisms in place, it is proposed to create strong department level GRM in all participating sectors/ departments, or explore creation of a central program level GRM that pans across sectors to allow improved tracking of inclusion, outreach and benefits and help make the services, practices and packages more accessible. Owing to the complex and multi- sectoral nature of the operation, it will also be important that the PMU undertakes a periodic clustering/ categorization and analysis of complaints to identify the problem areas, provide feedback to the concerned duty bearers and loop the feedback to inform the program strategies and for systems improvement. 63. Stronger legal framework for social accountability. Some of the investment areas have legal or operative eco-systems that do not provide for clear accountability. In many sectors like water, agriculture, urban development and social protection, there are multiple institutions with sometimes overlapping mandates that often makes social accountability very difficult to establish. For example, in case of agriculture insurance the operating framework (at least for the national crop insurance scheme- PMFBY) is skewed against the small and marginal farmers and therefore will need re-engineering of the eco-system to remove these exclusionary eligibility criterion, expand awareness and coverage and make the system more transparent. Likewise, in case of spatial development planning or town master planning, accountability is not clear. While the LSG are made accountable for their preparation and finalization, there are no fixed timelines in the enabling policy for different stages of planning. This needs a stronger legal regime or enabling environment, with clear assignment of roles and responsibilities, to help fix clearer accountability for achievement of outputs. 64. Land Management. The Program does not foresee any requirement of private lands for Program investments and most investments will mainly be on existing public or government land. However, there is gap in the land management practices of the GoK, specifically Public Works Department (PWD) in relation to their treatment of the non- titleholders (encroachers and squatters), which needs to be aligned with the Bank’s Policy. In the present PforR operation due consideration will need to be given to treating such occupants as per the Bank policy- rehabilitating the non-titleholders that may suffer due to economic or physical displacement as a result of the road maintenance and modernization work. Contractors and institutions to be engaged in clearing potential sites, RoWs will have to ensure that the processes are aligned with Bank procedures with respect to management of physical and economic displacements. Program Exclusions Environment 65. The assessment confirmed the activities do not include those not eligible for PforR financing. There are no potentially significant, adverse environmental impacts in the Program. In particular, this was confirmed in the Roads, WRM and Health sectors. These are not in the vicinity of any natural habitats or cultural heritage sites. There are no such workplace conditions prone to health and safety risks. And, no significant, cumulative, induced and indirect impacts in the Pamba river basin. During the implementation, it will Page | 36 be required to ensure that all such activities not eligible for PforR financing remain excluded. Social 66. The following activities are proposed to be excluded from the current investments:  Considering the nature of operations (PforR), any road repair and maintenance works requiring large scale resettlement and removal of structures (on a single alignment/ package), such that they impact more than 50 persons will be excluded from the list of investments.  Any ULB master planning that is likely to impact tribal settlements or common property regimes near or within their municipal limits will be excluded from being selected as a pilot for City/ Town Master Planning, if this spatial planning is likely to adversely impact existing settlements or resources accessed by these tribal / indigenous communities. Program Actions and Implementation Support Environment 67. The Bank’s Program focuses on institutional development, investment planning and capital investment activities. Of these, the Bank’s implementation support should focus largely on further building the environmental management capacity as a part of the institutional development. With regard to the capital investments, the Bank’s implementation support should also supervise compliance to contractual requirements and good EHS practices so that no risks ensue. The program exclusion requirements for PforR financing should be maintained. The sectors of focus will be the WRM for the institutional development activities and the roads for their investments in building climate resilience. Social Action Description Sour DLI Responsibili Timing and Tasks Completion ce # ty Measurem ent Bolster capacities of ESSA NA RKI- Year 1: Capacity assessment and IVA, key sector institutions PMSS/PMU Preparation of ToRs for key social Training for ensuring and positions in RKI-PMU & other key completion inclusiveness in sector/ implementin sector institutions; capacity reports, resource planning and g building modules finalized AMs implementation institutions Year 2: Completion of recruitment anchoring and deployment, where required participator Year 2 onwards: regular training y planning of functionaries on different aspects of social management. Establish Program level ESSA NA RKI and key Year 1: Assessment of existing IVA, AMs grievance redress department systems & requirement for mechanism and s for each developing common GRM for RKP strengthen existing sector by the end of year 1. ones to make them Year2: Regularly analyse and track more transparent and grievances to inform the program responsive Page | 37 List of abbreviations and acronyms AEMU Agroecological Management Units AEZ Agroecological Zones BMW Bio-Medical Waste BOD Biological Oxygen Demand CAPEX Capital Expenditure CC Climate Change COD Chemical Oxygen Demand CPCB Central Pollution Control Board CPF Country Partnership Framework CRN Core Road Network CSO Civil Society Organization DCAT Disaster and Climate Action Tracking DDMA District Disaster Management Authority DEA Department of Economic Affairs, Ministry of Finance, GoI DLI Disbursement-Linked Indicator DPO/L Development Policy Operation / Lending DoA Department of Agriculture, Government of Kerala DoE Department of Environment, Government of Kerala DoF Department of Finance, Government of Kerala DoECC Directorate of Environment and Climate Change DoR Department of Revenue, Government of Kerala DRF Disaster Risk Financing DRM Disaster Risk Management DRR Disaster Risk Reduction E&S Environmental & Social EHS Environmental, Health & Safety EIA Environmental Impact Assessment ESHS Environmental, Social, Health and Safety ESIA Environmental and Social Impact Assessment ESMP Environmental and Social Management Plan ESSA Environmental and Social Systems Assessment FGD Focus Group Discussion FPO Farmer Producer Organizations GHG Green House Gas GIS Geographic Information Systems G(R)M Grievance Redressal Mechanism GoK Government of Kerala GoI Government of India GP Gram Panchayat GSDP Gross State Domestic Product IDSP Integrated Disease Surveillance Program IEC Information, Education and Communication IT Information Technology JJM Jal Jeevan Mission KII Key Informant Interviews Page | 38 KILA Kerala Institute of Local Administration KSDMA Kerala State Disaster Management Authority LG Local Government LSGD Local Self Government Department LSGI Local Self Government Institutions (Gram Panchayat or Municipality or Corporation) M&E Monitoring & Evaluation MoEFCC Ministry of Environment, Forests and Climate Change MoHUA Ministry of Housing & Urban Affairs O&M Operations & Maintenance OH One Health OPBRC Output and Performance-Based Road Contracts OPEX OPerational EXpenditure PDO Program Development Objective PDNA Post Disaster Needs Assessment PforR Program for Results PHLs Public Health Laboratories PMSS Project Management Support Services PMT Project Management Team PMU Project Management Unit PWD Public Works Department RA Results Area RM(A)MS Road Maintenance (Asset) Management Systems RBCMA River Basin Conservation and Management Authority RF Results Framework RKDP Rebuild Kerala Development Programme RKI Rebuild Kerala Initiative RoW Right of Way RTI Right To Information SDRF State Disaster Risk Financing SEIAA State Environmental Impact Assessment Authority SOP Standard Operating Procedures SPCB State Pollution Control Board TCP Town and Country Planning ULB Urban Local Body WB World Bank WRD Water Resource Department WRM Water Resource Management Page | 39 RESILIENT KERALA Program for Results [PforR] Environmental and Social Systems Assessment [ESSA] Part B: ESSA Environmental Report 7 February 2021 India HT House, Kasturba Gandhi Marg New Delhi - 110 001 List of abbreviations and acronyms AEMU Agroecological Management Unit AEZ Agroecological Zone AIIB Asian Infrastructure Investment Bank BMW Bio-Medical Waste BOD Biological Oxygen Demand CAPEX Capital Expenditure CC Climate Change COD Chemical Oxygen Demand CPCB Central Pollution Control Board CPF Country Partnership Framework CRN Core Road Network CSO Civil Society Organization DCAT Disaster and Climate Action Tracking DDMA District Disaster Management Authority DEA Department of Economic Affairs, Ministry of Finance, GoI DLI Disbursement-Linked Indicator DPO/L Development Policy Operation / Lending DoA Department of Agriculture, Government of Kerala DoE Department of Environment, Government of Kerala DoF Department of Finance, Government of Kerala DoECC Directorate of Environment and Climate Change DoR Department of Revenue, Government of Kerala DRF Disaster Risk Financing DRM Disaster Risk Management DRR Disaster Risk Reduction E & S Environmental & Social EHS Environmental, Health & Safety EIA Environmental Impact Assessment ESHS Environmental, Social, Health and Safety ESIA Environmental and Social Impact Assessment ESMP Environmental and Social Management Plan ESSA Environmental and Social Systems Assessment FGD Focus Group Discussion FPO Farmer Producer Organizations GHG Green House Gas GIS Geographic Information Systems G(R)M Grievance Redressal Mechanism GoK Government of Kerala GoI Government of India GP Gram Panchayat GSDP Gross State Domestic Product IDSP Integrated Disease Surveillance Program IEC Information, Education and Communication IFC International Finance Corporation IT Information Technology KII Key Informant Interviews 2 KILA Kerala Institute of Local Administration KFW Kreditanstalt für Wiederaufbau KSDMA Kerala State Disaster Management Authority LG Local Government LSGD Local Self Government Department LSGI Local Self Government Institutions (Gram Panchayat or Municipality or Corporation) M & E Monitoring & Evaluation MoEFCC Ministry of Environment, Forests and Climate Change MoHUA Ministry of Housing & Urban Affairs O & M Operations & Maintenance OH One Health OPBRC Output and Performance-Based Road Contracts OPEX OPerational EXpenditure PDO Program Development Objective PforR Program for Results PHLs Public Health Laboratories PMSS Project Management Support Services PMT Project Management Team PMU Project Management Unit PWD Public Works Department RA Results Area RM(A)MS Road Maintenance (Asset) Management Systems RBCMA River Basin Conservation and Management Authority RF Results Framework RKDP Rebuild Kerala Development Programme RKI Rebuild Kerala Initiative RoW Right of Way RTI Right To Information SDRF State Disaster Risk Financing SEIAA State Environmental Impact Assessment Authority SOP Standard Operating Procedures SPF State Partnership Framework SPCB State Pollution Control Board TCP Town and Country Planning ULB Urban Local Body WB World Bank WRD Water Resource Department WRM Water Resource Management 3 Table of Contents 2 List of abbreviations and acronyms ........................................................................................................... 4 Table of Contents ............................................................................................................................................... 1 7 Background ................................................................................................................................................. 1.1 7 State Context ..................................................................................................................................... 1.2 Government of Kerala (GoK) Program ............................................................................... 10 1.3 Bank Program ............................................................................................................................... 10 1.4 ......................................................... 11 Program Development Objectives and indicators 1.5 Results Areas (RAs) .................................................................................................................... 11 1.6 DLIs .................................................................................................................................................... 15 1.7 Institutional and implementation arrangements .......................................................... 16 1.8 About ESSA ..................................................................................................................................... 16 1.9 World Bank’s ESSA requirements ........................................................................................ 17 1.10 About the structure of this ESSA report ............................................................................ 18 2 Methodology ............................................................................................................................................ 19 2.1 Introduction ................................................................................................................................... 19 2.2 Secondary literature review ................................................................................................... 19 2.3 ............................................................................................. 19 Risk screening at concept stage 2.4 Consultations ................................................................................................................................. 20 2.4.1 State-level consultations done by the Bank’s ESSA team ................................. 20 2.4.2 State-level and community consultations done by KILA .................................. 20 2.4.3 ESSA Stakeholder workshop ......................................................................................... 21 2.4.4 Analysis, findings and recommendations ............................................................... 21 2.5 ..................................................................................................... 22 Preparing the ESSA reports 3 Key issues, benefits, impacts and risks ........................................................................................ 23 3.1 Introduction ................................................................................................................................... 23 3.2 Sector: Agriculture ...................................................................................................................... 23 3.3 Sector: Climate Change and Disaster Risk Management ............................................ 23 3.4 Sector: Disaster Risk Financing and Social Protection ................................................ 23 3.5 Sector: Fiscal Reform and Debt Management ................................................................. 24 3.6 Sector: Health ................................................................................................................................ 24 3.7 Sector: Roads ................................................................................................................................. 24 3.8 Sector: Urban ................................................................................................................................. 25 3.9 Sector: Water Resource Management ................................................................................ 25 4 Applicable legal and regulatory framework .............................................................................. 26 4.1 Introduction ................................................................................................................................... 26 4 4.2 Framework applicable to the Program .............................................................................. 26 5 Institutional Systems Assessment – Procedures, practices and performance ........... 29 5.1 Introduction ................................................................................................................................... 29 5.2 ..................................................................................................................... 29 Regulatory systems 5.2.1 .............................................................................. 29 National-level regulatory systems 5.2.2 State-level regulatory systems ..................................................................................... 29 5.3 Program-level organizational systems ............................................................................... 30 5.3.1 Agriculture – Department of Agriculture ................................................................ 30 5.3.2 CC and DRM – KSDMA ...................................................................................................... 31 5.3.3 DRFI and Social Protection – Department of Revenue ...................................... 32 5.3.4 Fiscal / Debt Management – Department of Finance ......................................... 32 5.3.5 Health – Department of Health .................................................................................... 32 5.3.6 Roads – PWD ........................................................................................................................ 33 5.3.7 Urban – LSGD ....................................................................................................................... 34 5.3.8 Water Resources - WRD .................................................................................................. 34 6 Assessment of the borrower systems against the three environmental core principles ............................................................................................................................................................ 36 6.1 Introduction ................................................................................................................................... 36 6.2 Core Principle #1: E & S management systems .............................................................. 36 6.3 Core Principle #2: Natural habitat and cultural properties ...................................... 37 6.4 Core Principle #3: Public and worker safety ................................................................... 37 7 Consultations and disclosure ........................................................................................................... 38 7.1 Introduction ................................................................................................................................... 38 7.2 Stakeholder consultations ....................................................................................................... 38 7.2.1 ................................................................................................. 38 State-level consultations 7.2.2 ..................................................................... 40 Summary of community consultations 7.2.3 Consultations feedback - How addressed in the Program ............................... 41 7.2.4 ESSA Stakeholder workshop ......................................................................................... 42 7.3 Disclosure ....................................................................................................................................... 42 7.3.1 Draft ESSA reports ............................................................................................................. 42 7.3.2 Final ESSA reports ............................................................................................................. 42 7.3.3 During Program Implementation ............................................................................... 42 7.4 Grievance Mechanism ................................................................................................................ 43 8 Findings and recommendations ..................................................................................................... 44 8.1 Introduction ................................................................................................................................... 44 8.2 Findings ........................................................................................................................................... 44 8.2.1 ........................................................................................................... 44 Program exclusions 5 8.3 Highlights ........................................................................................................................................ 45 8.4 ....................................................................................................................... 46 Recommendations 8.4.1 ESSA inputs to the Program Action Plan ................................................................. 46 8.4.2 ............................................... 47 ESSA Inputs to the Implementation Support Plan Annex 1: Summary of ESSA Core Principles and Exclusion List ................................................. 48 Annex 2: Environmental Screening of activities – benefits, impacts and risks .................... 49 Annex 3: Consultations - Suggested Checklist recommended for KILA .................................. 53 Annex 4: Highlights of environmental feedback from KILA’s state-level and community- level consultations, and how these are addressed ........................................................................... 62 Annex 5: List of consultation meetings held ....................................................................................... 73 Annex 6: Summary report of state-level stakeholder workshop (February 2021) ........... 75 Annex 7: List of references .......................................................................................................................... 76 6 1 Background 1.1 State Context The State of Kerala (the State) is highly vulnerable to natural disasters and the changing climatic dynamics given its location along the coast and steep gradient along the slopes of the Western Ghats. It is prone to a host of natural hazards such as cyclone, monsoon storm surge, coastal erosion, sea level rise, tsunami, flood, drought, lightning, landslide, land subsidence and earthquakes. Kerala’s State Disaster Management Plan assesses 39 types of known and reported hazard types in the GoK that may turn disastrous in the event of lack of proper preparedness and risk reduction planning. With Cyclone Ockhi in 2017, floods and landslides in 2018, 2019 and 2020, and now the Covid-19 pandemic, Kerala has been experiencing major disaster events for four consecutive years. The 2018 flood — the worst in nearly a century — led to widespread loss of life, property, and habitats in Kerala, causing 498 casualties with over 5.4 million people affected with loss of assets and property and 1.4 million people displaced, not to leave out financial losses of approximately US$ 3.74 billion (Rs. 26,720 crores). These events and their impacts highlighted the level of under-preparedness in the GoK to address natural disasters and climate change shocks. The main vulnerabilities associated with the floods — emblematically — follow the course of the river, starting from the basins and reservoirs upstream, to the intense developments in the cities and towns midstream, through to farms and livelihoods downstream. Addressing the underlying drivers of floods and landslides and better preparing the GoK for future disasters, therefore, follows the course of the river: upstream, through integrated water resources and reservoir management; midstream, through improved land use planning and management, infrastructure and services; and downstream, through ecologically sound agriculture and irrigation practices. Addressing these require systemically building the capability of the GoK to carry out an integrated and coordinated set of policy, institutional and budgetary changes, over time. They demand political will, institutional capacities, public support, and a continuous and iterative change process. Recognizing this, the GoK sought to use the 2018 floods as “a challenge and an opportunity to rebuild the State to ensure better standards of living to all sections of the society.” The WB’s support to GoK commenced in the immediate aftermath of the 2018 floods and landslides through a strategic engagement to build multidimensional resilience in Kerala. The foundation of the engagement was set by the First Resilient Kerala Development Policy Operation (DPO 1, US$250 million), approved in June 2019, supporting the Rebuild Kerala Development Programme (RKDP) — the GoK’s strategic and integrated roadmap for recovery, rebuilding and resilience, developed with support from the Bank. The DPO 1 set the course for centering resilience-related policy and institutional reforms in key crosscutting areas and sectors of the economy. It supported GoK’s efforts to improve fiscal sustainability through a variety of approaches, including levying a flood cess and mobilizing private finances via a masala bond. Key policy and institutional reforms were triggered in the water-agriculture nexus to engender holistic river basin management, shift agriculture to sustainable and climate-resilient models and strengthen agriculture value chains. Increased protections were afforded to human settlements by requiring risk-informed land use planning and updating disaster management plans at various levels. Reforms were also initiated to strengthen the resilience of critical infrastructure 7 through multi-year capital planning, improved standards and mobilization of private sector expertise. Finally, a dedicated institutional modality, the Rebuild Kerala Initiative (RKI), was set up to coordinate, manage and monitor the roll out of the RKDP and the DPO 1 across various government departments and agencies, and with the civil society and the private sector. These efforts have improved the GoK’s capacity to respond to disasters and other extreme events. In part, they allowed the GoK to tackle the 2019 and 2020 floods and landslides with much reduced loss of lives, assets and livelihoods. The State experienced the first confirmed cases of Covid-19 in India on January 30, 2020. High levels of urbanization and population density, tourist inflows, regular inward and outward travel of non-residents, and an aging population with co-morbidities made Kerala susceptible to infection and spread. The GoK responded proactively through a robust response plan at the early onset of the disease, based on learnings from the Nipah virus outbreak experience in 2018 and building on the institutional and policy actions carried out under the DPO 1. An initial spike of new Covid-19 cases occurred, beginning in late March, declining to zero daily cases by mid-May. A second spike occurred in mid- May, primarily due to returning expatriates and migrants from other States, as the lockdown eased. As of October 8, 2020, there have been 258,850 cases and 930 deaths. Of this, 167,256 (64.6 percent) cases have recovered. Although Kerala is one of the top three States in terms of new case rate and has a high test-positivity rate (14 percent vs. national average of 8 percent), its mortality rate (0.4) and transmission rate (1.55) are still on the lower side. To deal with the Covid-19 and other disease outbreaks in the future, the GoK needs to further strengthen its disease outbreak warning and response systems and commence recovery from the current crisis amidst serious economic and fiscal constraints. Building on the RKDP and the DPO 1, concurrently, the engagement between the GoK and the WB in the State has both expanded and deepened. Among the highlights of the partnership are first subnational ‘masala bond’ that raised close to US$300 million to finance rebuilding; the RKDP Development Partners Conclave in July 2019, which elicited pledges from development partners, the private sector, and civil society; a dialog between the GoK and the International Finance Corporation (IFC) and scoping of potential IFC support to the State for climate resilient infrastructure; and advanced sector engagements in areas such as agriculture, roads, solid waste management (SWM) and water resource management (WRM) — all built around the core theme of strengthening resilience. The close working relationship between the GoK and the Bank at multiple levels has influenced the State’s policy, institutional, and investment agenda to advance resilience to climate change impacts and natural disasters, as well as, now, disease outbreaks. In advancing the partnership, the GoK and the Bank have also worked closely with other partners, among them, the Kreditanstalt für Wiederaufbau (KfW) — which has supported the GoK to rebuild roads damaged during 2018 floods to more resilient standards, provided grant resources for technical assistance (TA) and is currently considering €100 million parallel financing of the DPO 1, and the Asian Infrastructure Investment Bank (AIIB). As the engagement becomes programmatic, the Partnership between the GoK and the Bank is now structured through a medium-term State Partnership Framework. With deepened WB engagement in Kerala woven around the theme of multidimensional resilience, it has become imperative to move away from the model of standalone sector 8 projects. The SPF aims to provide a cohesive and strategic approach to the GoK-WB partnership in strengthening institutional, economic and social resilience of the State to the impacts of natural disasters and climate change. The Framework is founded on Government priorities and programs outlined in the RKDP and the ‘Nava Keralam’ (New Kerala) and supports the strategic priorities of the Bank’s India Country Partnership Framework (CPF) as well as the Operational Framework for South Asia Region (SAR). Future Bank engagements in Kerala would be vetted against the framework of engagement. The SPF forms the basis for collaboration with development partners and civil society, as well to leverage resources across the WBG and to mobilize market-based resources to finance resilient development in the State. The SPF forms the basis for collaboration with development partners and civil society, as well as to leverage resources across the WBG and to mobilize market-based resources to finance resilient development in the State. The proposed Resilient Kerala Program-for-Results (PforR) is grounded in the SPF. It builds on the foundations of policy and institutional reforms initiated under the Resilient Kerala DPO 1 and DPO 2, as well as draws on a strong TA program that lends analytical underpinnings and capacity support, all aimed at making the State more resilient to shocks of climate change, natural disasters and disease outbreaks in the longer term. The proposed program will be pivoted on three Results Areas (RAs): (1) building institutional capacities and systems for managing shocks from climate change, natural disasters and disease outbreaks; (2) supporting effective Covid-19 response and disease outbreak preparedness; and (3) demonstrating integrated approaches to multidimensional resilience at the local level. It will provide resources for the State to better respond to the pandemic crisis — both current episode and any future events, embed the reforms currently underway within key institutions of the Government, and — following the course of the river — pilot the roll out of an integrated resilience agenda across a major river basin. The PforR will be co-financed by the WB (US$125 million) and the AIIB (US$125 million) and complemented by the KfW through TA support and parallel financing of DPO 1. Looking into the future, the State Partnership Framework (SPF) will be advanced through multiple tracks: one, continuing support to calibrate and strengthen the State’s transversal public administration and financing systems and institutions to prepare for and manage exogenous shocks effectively; two, deepening sectoral dimensions of resilience in critical sectors like agriculture, WRM and local infrastructure and services through sector specific programs; and, three, advancing knowledge partnerships at the institutional level and Lighthouse exchanges with peer States and other countries. The SBL will likely constrain the Bank from financing multiple and/or large state level operations in the near term. This will be overcome by the ability and track record of the partnership to leverage different sources of public and market-based finance. The experience of the Kerala SPF, DPO 1 and the proposed Resilient Kerala PforR will serve to strengthen other state partnerships as well as engender a new approach to multidimensional resilience across India. The proposed Resilient Kerala PforR builds on the Bank’s existing and pipeline engagement in the State and catalyzes the first of its kind State Partnership. This is designed in line with the WBG Covid-19 Crisis Response Approach Paper on Saving Lives, Scaling-up Impact and Getting Back on Track. The Bank has been engaged with Kerala 9 since 2018. Overall, the State Partnership Framework (SPF), which provides a cohesive and strategic approach to the GoK-WB state partnership, guides the Bank’s programmatic engagement in Kerala. The PforR financing was determined to be the most appropriate financing instrument to deliver this agenda because it enables linking policy and institutional shifts at the top with real expenditures and verifiable results on the ground. 1.2 Government of Kerala (GoK) Program The GoK Program - underpinning the Resilient Kerala PforR - consists of two main government programs – the Rebuild Kerala Development Program (RKDP and the Annual Plan of the State Health Mission (SHM) as part of the National Health Mission (NHM). • The RKDP constitutes the GoK’s medium-term roadmap for a Green and Resilient Nava Keralam (New Kerala). It serves as the Government’s overarching framework and principal vehicle to operationalize a resilient recovery programme and mainstream resilience in development. The RKDP is to be implemented over a period of 8 years. It supports “the creation of a society that has sustainable livelihoods for its inhabitants and a land with modern infrastructure that cannot be undone by natural disasters”. • The NHM aims to improve availability of and access to quality health care by people, especially for those residing in rural areas, the poor, women and children. At the state level, GoK has felt the essence of One Health (OH) approach, which aims to diminish the threat of emerging infectious diseases, ensuring food safety and minimizing the impact of endemic zoonoses. With the high human activity at environment, human and animal (wildlife, domestic) interface, Kerala is prone for the occurrence and spread of emerging and re-emerging infectious diseases which can impact on the socio-economic growth. A subset of the RDKP and the SHM are strategically selected and merged into the government program (the “program”), within which the proposed PforR Program (the “Program”) is situated. 1.3 Bank Program The Bank Program will support a subset of results and priority activities identified under cross-cutting themes (i.e. Fiscal, Climate Change, DRM, Social Protection, Urban) and key economic sectors (i.e. Health, WRM, Agriculture, Road) within the Government program. The results and activities to be supported under the Program have been prioritized with the GoK based on the most urgent challenges for which GoK requested support, considering readiness for implementation, building on previous Bank programs and findings from recent analytical work, and aiming to complement other Bank/donor- financed projects in the State. The Program will be structured into two results areas that will support the GoK to: (i) strengthen transversal systems for resilience; and (ii) embed resilience in key economic sectors. The Program will be operating through a tiered approach for engagement. At the State level, the Program will support development of systems and institutions to create the foundations for multidimensional resilience. At the local level, drawing from the State level systems and capacities, it will implement the integrated approach in four districts along the Pamba river basin, namely Alappuzha, Idukki, Kottayam, and Pathanamthitta. 10 1.4 Program Development Objectives and indicators The development objective of the Program is to enhance the State Government of Kerala’s (GOK) resilience against the impacts of climate change, natural disasters and disease outbreaks. PDO level results indicators tentatively include the following: • Fiscal sustainability of GoK strengthened to cope with natural disasters and disease outbreaks (Debt to GSDP ratio is at or below 35 percent) • Women with access to post-disaster adaptive safety net payment (Number) • Population benefiting from local DRM plans and One Health Community Surveillance systems in Pamba Basin districts (Number, Gender disaggregated) • Farmer Producer Organizations (FPOs) with increased access to new and organized markets (Number) • Population benefiting from flood early warning services and flood protection measures in Pamba Basin districts (Number, Gender disaggregated) 1.5 Results Areas (RAs) A brief description of the RAs and their associated activities are as follows: Results Area 1: Strengthening transversal systems for resilience This Results area aims to enhance the sustainability of the GOK’s fiscal and debt management framework to cope with largescale exogenous shocks, and institutionalize climate and disaster risk informed urban and disaster risk planning at the State level for enhanced preparedness and response. Objective 1.1: Enhancing the sustainability of the GOK’s public finances to cope with exogenous shocks (a) Fiscal constraints of the State act as a hurdle to respond quickly and effectively to challenges posed by largescale exogenous shocks from climate change, natural disasters and disease outbreaks. Addressing these challenges require greater focus on revenue enhancement, more prudent debt management and improved quality of public expenditures, as well as strengthening the capacities of the DoF and other key spending departments. Through Resilient Kerala DPO prior actions, the State took initial steps to strengthen fiscal sustainability by levying a flood cess to raise short term revenues, issuing a Masala Bond for long term infrastructure finance and undertaking feasibility studies for issuing a Diaspora Bond. The Program aims at strengthening public debt management capacity and fiscal sustainability of the GOK to manage its contingent liability to natural disasters and disease outbreaks, and to ensure that these events do not negatively impact the debt profile and budget objectives for the State’s sustainable development. This will be complemented by parallel TA and capacity building support to enhance revenues, and to improve expenditure efficiency and performance orientation in select spending departments. 11 (b) The existing mechanism for disaster risk financing is costly, imprecise and inefficient. The challenges include: delay in delivering the assistance to affected households—more than nine months following 2018 floods and five months following 2019 floods; weakness in targeting of vulnerable groups, such as fisherfolk families; amount of assistance provided to affected households that is not commensurate with level of vulnerability and/or damage incurred; and lack of ex-ante solutions increasing the fiscal burden and contingent liability of the Government. The State draws its finances for DRM activities from its own resources, the GoI, and multilateral and bilateral financing institutions, which are largely focused on pre- and post-disaster response activities and related policy support. Current DRF system is characterized by ex poste financing mechanisms (e.g., budget reallocations, drawdowns from State Disaster Response Fund (SDRF) and Chief Minister’s Distress Response Fund (CMDRF)) rather than ex ante (e.g. insurance of public assets, market-based risk transfer instruments, etc.). With limited funding from the central government specifically to finance the post-disaster relief operations only, the GoK often bears a larger fiscal burden of the recovery and reconstruction efforts, especially in case of a severe disaster. The Program will support the development and implementation of a comprehensive state disaster risk financing & insurance plan and social protection system. This will enable the GoK to identify and develop potential public and private sources (e.g. bonds, (re)insurance) of disaster risk financing to safeguard the state finances, provide transparent and timely assistance to the vulnerable households, and to protect the economy and livelihoods against natural disasters and pandemics. The system provides cost-benefit trade-offs to investments in climate and disaster risk reduction, risk retention, and risk transfer and ensures that the GOK is financially prepared to enact effective preparation, response and reconstruction actions. Relief payments made to fisherfolk families will be made to the bank accounts of female head of the family, which is expected to empower women further and ensure better usage of funds. Objective 1.2: Mainstreaming climate and disaster risk informed development and investment planning (a) Plan funds are utilized by LSGs as per the annual planning guidelines, with no mandatory provision to link the annual plans and investments with the long-term investment plans stipulated by urban master plans or district development plans. This has two major implications: firstly, the investment planning does not have a medium- term horizon, and, secondly, lack of enforcement of the master plans had led to unplanned developments and unmanaged construction in hazard prone areas, which has increased vulnerability to natural disasters. Through prior actions under Resilient Kerala DPOs, guidelines for use of plan funds have been restructured to enable and encourage medium- term investments in resilient infrastructure, and the Town and Country Planning (TCP) Act has been amended by the GoK to support and mandate risk-informed master plans, and awaiting the approval of the State Legislature. Operationalizing the revised TCP Act and implementing risk-informed master plans in cities and towns necessitate boosting of technical and institutional capacities. This Program intends to establish norms, systems and capacities for risk-informed master planning and implementation across the State, and pilot risk-informed Urban Master Plans and Priority Action Plans in a sample of urban local bodies (ULBs) in the 12 Pamba River Basin. This intends to support better disaster preparedness from planning, service delivery and emergency response perspective. (b) The LSGD has initiated development of lobal body DRM plans. These plans are a part of local development plans, which are updated on an annual basis by the LSGs based on extensive public consultations. The LSGD is currently pursuing institutionalization of aligning the investment planning of the local governments (LGs) with the DRM plans that are been developed. Specifically, the LSGD provided the LGs with vulnerability and disaster risk profiles for each local body with draft state level hazard and vulnerability grid maps prepared by the KSDMA. These have helped local bodies to develop disaster risk informed development plans at the local level. One of the key bottlenecks for improving and mainstreaming climate-informed local body DRM plans is the lack of down-scaled climate data and information which can be utilized to better evaluate localized climate and disaster risks as well as associated sectoral impacts (e.g. urban heat islands, water availability for irrigation, floods, air pollution, sea level rise). There is a need to strengthen disaster preparedness for response, act in anticipation of events, and ensure capacities are in place for effective resilience, response and recovery at all levels. The recovery, rehabilitation and reconstruction phases present a critical opportunity to build back better, including through integrating disaster risk reduction into development measures. The Program will support mainstreaming climate and disaster risk considerations into the development and implementation of local DRM plans. These risk-informed local DRM plans and target-based grant incentives (measured and tracked by climate co-benefits through DCAT) will motivate LGs to invest in disaster risk reduction, to enhance disaster preparedness, and to ‘Build Back Better’ in recovery, rehabilitation, and reconstruction phases. Over time, these changes will mainstream climate change and DRM considerations into local planning and development processes. Results Area 2: Embedding resilience in key economic sectors This results area will test an integrated approach basin-based multidimensional resilience at local level among key climate-sensitive sectors: Health, WRM, Agriculture and Roads. Objective 2.1: Strengthening the resilience of public health systems for disease outbreaks Covid-19 pandemic has demonstrated the vulnerabilities of the State to largescale disease outbreaks. High population density, large number of non-resident citizens and international travelers, aging population with nearly two thirds of population aged 45 years or above suffering from co-morbidities, and large forest cover enhance state vulnerability for disease outbreaks, especially zoonotic diseases. The GoI’s One Health (OH) approach, which is critical for containing zoonotic diseases, is at a nascent stage in Kerala. Critical bottlenecks in GOK’s preparedness for disease outbreaks and pandemics include lack of OH surveillance coordination at the district and local levels, leading to missed opportunities in identifying zoonotic diseases of human importance early; and inadequate diagnostic capacities, including limited accessibility to high quality Public Health Laboratories (PHLs), at the district level for effective management of infectious disease cases. The Program intends to strengthen the public health systems of the GOK 13 for disease outbreak preparedness and prevention. This includes strengthening diagnostics systems at the district level through empowered State PHLs with facilities for molecular diagnostics and rare zoonotic intra-parasite detection to support timely identification of diseases with potential for outbreaks; and strengthening Integrated Disease Surveillance Program (IDSP) with enhanced capacity and institutionalizing OH approach to identify and respond to zoonotic disease outbreaks in a timely manner. Objective 2.2: Strengthening the resilience of water resources systems Declining ground water levels and high variation of rainfall over the years exacerbated by climate change have increased vulnerability, with many dried wells getting inundated during the floods. There is need for integrated water resources management to unlock the development potential of water resources, including making more productive use for various purposes (e.g. hydropower, agriculture, fisheries, energy, domestic needs) and reducing water-related risks and vulnerability of the State to floods, erosion, sedimentation, environmental water stress and pollution. There is a lack of detailed information on water resources conditions to properly manage water resources and plan measures to make more productive use of water in various water-dependent sectors and mitigate water-related risks. Regular collection and analysis of data relating dynamics of floods, erosion, sedimentation is required to analyze the potential impacts and to support forecasts. Improved information management systems are needed to assimilate, triangulate and process data for this purpose. The DPO1 supported drafting a River Basin Conservation and Management Authority (RBCMA) Act, which is currently awaiting legislative approval. The Act will empower the RBCMA to conserve and regulate water resources within the State; facilitate its sustainable management, allocation and utilization; and fix rates for use of water for agriculture, industrial, drinking, inland transport, commercial and other purposes. The Program will enable the operationalization of the RBCMA, which will play a critical role in building climate resilience through improved integrated water resources management. This includes tooling and upskilling the RBCMA to operationalize integrated reservoir operations, water monitoring, data collection and management, flood management (including flood forecasting), evaluation of environmental flows, and more efficient water allocation to agriculture, irrigation, domestic purposes, industrial, and other uses to improve productive and sustainable water use. Climate-proofed local level district management plans will ensure climate resilience is mainstreamed into water resources planning and management. Objective 2.3: Strengthening the resilience of agricultural productivity through AEZ-based practices Agroecological approaches offer a paradigm shift to more sustainable and resilient food systems while restoring ecosystem services and biodiversity in the context of climate change. Adoption of agroecological approach will lead to increased resilience of farming practices and farmers. There is a need to enhance penetration of institutional credit to producers in the State to enable adoption of modern technology and inputs, and facilitate local producers to tap attractive economic opportunities in agri-business value chains to enhance their market share through the establishment of improved market intelligence information systems and market driven supply and extension services. Through DPO 1, the State has been divided into five Agroecological Zones (AEZs) of unique agroecological 14 characteristics and suitability for specific crops and extension needs. A restructuring of the Department of Agriculture (DoA) was facilitated to ensure that planning, resource allocation, and deployment of human resources are aligned with agroecological classification of blocks and districts. An Agriculture Information Management System has been developed and launched. Farmer Knowledge Centres have been started in 152 blocks to ensure LSGs have technical knowledge and support in preparing AEZ based projects and practices. During the preparation of DPO 2, reallocation of funds to agroecological units (AEUs), sub-administrative units under the AEZs, was also initiated. Realignment of the financial allocations for agriculture schemes toward AEUs ensures that resources are available for the field-based administrative arm of AEZs, to implement the recommended cropping patterns in each AEZ. This allows institutionalizing the restructured functions, roles and responsibilities of the AEUs to build resilient agriculture production and marketing systems that optimize natural resources and maximize benefits to farmers. The Program will support the further implementation of the AEZ- based practices initiated under DPO 1, strengthening farmer access to finance, seeds, technology, the market and strengthening their bargaining power. The Program will also integrate the management information systems and strengthen agroecologically relevant farming systems across the State. Program support will be rolled out in 16 agroecological management units (AEMUs) covered by 264 Krishi Bhavans in the four Pamba River Basin districts. Objective 2.4: Strengthening the resilience of core road networks The road network of the State is prone to natural disaster due to unique terrain features, such as highlands, mountainous terrain, mid-lands and coastal plains. The hilly areas are vulnerable to landslides often caused due to intense rainfall during monsoons. The coastal areas are susceptible to coastal flooding, cyclones and inundation from sea water. There is no integrated urban floods risk management or GIS based vulnerability and risk mapping of the asset stock of the State to prepare project specific mitigation efforts or a resilience framework for roads. Additionally, low capital outlay and limited access to market finance creates challenges for financing road improvement projects. Another major challenge of the local contractors lie in the limited ability to execute value engineering techniques, climate proofing and adaptation, green and resilient designing, adoption of state-of-art modern and green construction technologies, experiences in managing new contract types, poor workmanship, implementation of work zone and environmental safety standards which are critical to reduce overall impact on environment and ecology during recovery and rebuilding of road infrastructure under RKI. 1.6 DLIs Program resources will be disbursed based on the achievement of nine DLIs. These DLIs have been chosen to reflect five principles: (i) integrated approach to multidimensional resilience; (ii) alignment with and ability to add value to the Government program; (iii) building on policy and institutional reforms achieved through DPO1 and DPO2 prior actions; (iv) technical merits; and (v) ability to incentivize results and achievement of the PDO. The following table provides the list of DLIs and the associated funding allocations. 15 Results Area Amount DLI Recipient (RA) (US$ million) DLI 1: Fiscal sustainability of GOK to cope with disease 15 DoF outbreaks and natural disasters is strengthened DLI 2: Disaster-related adaptive safety net system of 15 DoF RA 1: GOK is strengthened Strengthening DLI 3: Disaster risk financing and insurance capacity of transversal GoK and vulnerable households in the State are 15 DoR systems for improved resilience DLI 4: ULBs developed and sanctioned risk-informed 25 LSGD Urban Master Plans and Priority Action Plans DLI 5: Local Governments have integrated disaster and 60 LSGD climate risk in investment planning DLI 6: Capacity to track and respond to zoonotic disease outbreaks of human importance are conducted in a 40 DoHFW timely manner through the enhanced One Health platform at the local level RA 2: DLI 7: Integrated River Basin Management Plan is Embedding 20 WRD developed and implemented for Pamba Basin resilience in DLI 8: Farmer Producer Organizations (FPOs) have key economic 35 DoA increased access to new and organized markets sectors DLI 9: Core Road Network (CRN) is rehabilitated and/or maintained meeting resilient standards in Pamba 75 PWD Basin with sustainable asset management practices established Total 300 1.7 Institutional and implementation arrangements The Program will be implemented through GoK’s existing institutional modalities and systems. At the apex level, the RKI will serve as the Program Management Unit (PMU). It shall be responsible for management, coordination and monitoring and evaluation of the Program. The Project Management Team (PMT) and the Project Management Support Services (PMSS) providing technical, project management, administrative support to the RKI as part of the PMU. The participating sector departments shall be the Program implementing agencies. The RKI shall coordinate with implementing agencies, LSGIs, civil society and other agencies/ institutions which support in implementing the RKDP. Consistent with this role, the RKI will collaborate with and coordinate across departments, including Department of Finance (DoF), Department of Revenue (DoR), Local Self-Government Department (LSGD), Department of Health and Family Welfare (DoHFW), Water Resources Department (WRD), Department of Agriculture (DoA) and Public Works Department (PWD), and technical agencies such as the Kerala State Disaster Management Agency (KSDMA) and the Kerala Institute of Local Administration (KILA) horizontally, and with Local Self-Government Institutions (LSGIs) and district administrations in the Program area vertically, to implement the Program. The pparticipating departments and line agencies associated with each results area will be responsible for achieving the agreed results. 1.8 About ESSA At the Program level, the World Bank undertook the Environmental and Social Systems Assessment (ESSA) in which the following were examined: (i) the potential E&S effects of the PforR (including direct, indirect, induced, and cumulative effects as relevant); (ii) the borrower’s capacity (legal framework, regulatory authority, organizational capacity, and 16 performance) to manage those effects; (iii) the comparison of the borrower’s systems— laws, regulations, standards, procedures, and implementation performance—against the core principles and key planning elements to identify any significant differences between them that could affect Program performance; (iii) the likelihood that the proposed operation achieves its E&S objectives; and (v) recommendation of measures to address capacity for and performance on policy issues and specific operational aspects relevant to managing the Program risks (e.g. carrying out Staff training, implementing institutional capacity- building programs, developing and adopting internal operational guidelines) through a Program Action Plan. ESSA refers both to the process for evaluating the acceptability of a borrower’s system for managing the Program’s E&S risks in the particular operational context, and to the final report that is an output of that process. 1.9 World Bank’s ESSA requirements The following are the World Bank’s ESSA requirements: • Preliminary screening is done to ensure that activities that are “judged to be likely to have significant adverse impacts that are sensitive, diverse, or unprecedented on the environment and/or affected people are not included in the PforR design and are excluded from the Program • Stakeholder engagement is an essential element of the ESSA process. Through this engagement, both internal and external stakeholders get an opportunity to meaningfully participate in the ESSA process, inform the preparation of the ESSA Report, and provide meaningful inputs throughout the lifecycle of the operation. Generally, during the PforR preparation process, field-level one-to-one and focused group community consultations and a stakeholder workshop are conducted to meet the stakeholder engagement requirements. • Analysis: Using secondary literature and the information collected during the stakeholder engagement process, the ESSA analyses the borrower’s applicable systems, considering the system both as it is defined in laws and regulations, and as it is implemented in practice. The purpose of this analysis is to determine the systems’ capacity to manage program risks during preparation and throughout implementation. • Grievance Mechanism (GM): The ESSA reviews the program-level grievance mechanisms and conducts an assessment of their adequacy and effectiveness. The ESSA confirms that the GMs can receive, record, resolve, and follow up on complaints or grievances received. Further, the ESSA includes any recommendations for enhancing or improving the GM. • Recommendations: ESSA identifies measures and actions to manage any significant gaps in the borrower’s capacity to implement E&S management systems at a level commensurate with the identified risks to the Program, and consistent with the Bank’s core principles and planning elements. The Bank and the borrower together agree to implement these as part of the Program. • Disclosure: It is required for the draft ESSA report to be disclosed before the appraisal decision meeting so that the views of interested members of the broader public may be solicited and considered before all Program decisions are made final. Further, the 17 final ESSA Report and recommended actions are to be completed before negotiations, and the final version is disclosed accordingly. 1.10 About the structure of this ESSA report This ESSA report is structured into three parts: Part A: ESSA Summary Report, Part B: ESSA Environmental Report and Part C: ESSA Social Report. This volume is the Part B: Environmental Report. 18 2 Methodology 2.1 Introduction The methodology included: (a) secondary literature review, (b) screening, (c) consultations – field-level and state-level1; (d) analysis and synthesis of systems strengths & areas for improvement; which is followed by (e) preparing the ESSA report. The ESSA was carried out by a team of specialists (staff and consultants)2 from the World Bank. The desk review focuses on understanding the existing policy, operational procedures, institutional capacity and implementation effectiveness relevant to the activities under the Program. This also included a review of the borrowers systems for engaging with citizens, especially the most marginalized and excluded as well as their grievance redress. 2.2 Secondary literature review The ESSA team reviewed the relevant secondary literature prior to and during the conduct of the ESSA. The key documents included the following: Program Document of the Bank-funded Development Policy Operation / Lending (DPO/L) operation The list of secondary literature reviewed is included in the Annex ##. Using the findings of the secondary literature, the ESSA team carried out the screening, and prepared the scope of work for the consultants who conducted the consultations with community, particular in the Pamba river basin, which will be the focus of the capital investments under this Program. The 2.3 Risk screening at concept stage Using the findings of the secondary literature, the ESSA team carried out the environmental risk screening at the concept stage of the Program. This considered the likely risks arising from environmental impacts, contextual risks, institutional capacity & complexity risks and political and reputational risk. The screening revealed that the Program’s institutional development and investment planning will result in an overall positive environmental contribution. However the direct environmental effects related to the physical infrastructure activities will have to be effectively managed. The screening revealed that the Program will have a few physical risks due to the environmental impacts of activities, particularly related to physical road, WRM and health infrastructure that are to be supported through co-financing. The contextual risks are limited as these are within the existing, well-established environmental regulatory agencies in Kerala. Possible risks arising from the state’s weak environmental capacity were also to be examined. And, political and reputation risks arising from environmental issues were not envisaged under the Program. The risk screening had also confirmed that program activities did not include those not eligible for financing using the PforR instrument. The 1 In view of the Covid-19 conditions, ESSA Team participated in the consultations remotely, facilitated by local consultants. 2 The World Bank team responsible for the environmental aspects of this ESSA included Vaideeswaran S (Consultant) and Pawan Patil, Senior Environmental Specialist. 19 environmental risk rating at the concept stage was rated as Substantial and was to be reviewed through further examination of the portfolio of interventions through this ESSA. The screening also ensured that the Program does not include those components which are not eligible for financing using the PforR instrument. Based on the information available, the following were confirmed: (a) No limited or significant conversion or degradation of critical natural habitats or critical cultural heritage sites; (b) No air, water, or soil contamination leading to significant adverse impacts on the health or safety of individuals, communities, or ecosystems; (c) No workplace conditions that expose workers to significant risks to health and personal safety; (d) No adverse environmental impacts covering large geographical areas, including transboundary impacts, or global impacts such as greenhouse gas (GHG) emissions; and (e) No significant cumulative, induced, or indirect impacts. Further, the preliminary screening confirmed that the exclusion criteria was adhered to. 2.4 Consultations Apart from a desk review of available information, interviews and consultations were also held with the state-level implementing agencies and community members. Consultations were conducted by the Bank’s ESSA team and also through Kerala Institute of Local Administration (KILA), the state’s apex organization in the area of local governance and participatory planning. This institute has a state-wide outreach, and the scope of their consultations focused on community in the Pamba river basin, which was planned to be the main beneficiary from the Program activities in the various sectors. 2.4.1 State-level consultations done by the Bank’s ESSA team Between December 2020 and January 2021, the Bank’s ESSA team carried out selected consultations with particular stakeholder department in order to better appreciate the possible opportunities for environmental systems strengthening through the institutional development and investment activities, and the environmental effects of investment activities. All of these consultations were done through the virtual approach due the prevailing Covid-19 pandemic. These consultations were held between November and December 2020. 2.4.2 State-level and community consultations done by KILA To enhance the limited consultations done virtually, the Bank’s ESSA team engaged Kerala Institute of Land Administration (KILA) to conduct further consultations. The Bank’s ESSA team provided a detailed checklist to guide these consultations (Annex 3). These consultations were conducted at the state level and with communities in the four districts pertaining to the Pamba river basin, i.e. Alappuzha, Idukki, Kotayyam and Pathanamthitta. A total of 11 state-level consultations were conducted with representatives of the implementing departments and their teams. Another 32 community consultations were held at 16 different locations (3 ULBs and 13 Gram Panchayats) in the 4 Pamba river basin districts covering more than 328 community members cutting across social and economic groups. The ULBs covered in each district are furnished here: 20 • In Alappuzha district, three panchayats - Mannar, Pandanad and Kainakari – and Alappuzha Municipality were covered. • In Idukki, four panchayats - Peermade, Peruvanthanam, Vandiperiyar and Kumily - were covered. • In Kottayam district, three panchayats – Kooruthodu, Mundakayam, Manimala – and Changanaserri Municipality were covered. • In Pathanamthitta, three panchayats – Ranni, Perunad and Aranmula – and Thiruvalla Municipality were covered. The breakdown of the number of participants in the districts is provided in the following table: District No. Alappuzha 45 Idukki 127 Kottayam 62 Pathanamthitta 94 These consultations were held between December 2020 and January 2021. Further information is included in Annex 4. The analysis of the consultations feedback and how these were addressed through the Program design and / or ESSA is included in Annex 5. The full report of the KILA consultations forms a part of the documents referred and is in Annex 7 List of References. 2.4.3 ESSA Stakeholder workshop The workshop will be conducted under the aegis of Rebuild Kerala Initiative (scheduled for February 18, 2021) and will be facilitated by KILA. GoK officials from the relevant implementing departments and other stakeholder (community and civil society organizations) representatives will be invited to this workshop. All the invitees to this workshop will be sent the draft ESSA Summary Report about a week prior to the conduct of the workshop. Given the constraints due to the Covid-19 pandemic situation, this will be a virtual workshop conducted via Zoom. At the workshop, the Bank Task team will present a brief overview of the Program and share the findings – both environmental and social - included in the draft ESSA report, and seek feedback from the participants. The structure of the workshop will be such that it will draw out inputs from the participants so that these can be gainfully used to enhance the Program design and the ESSA itself. The KILA will be responsible to prepare the minutes of the workshop and will compile the proceedings which will include the presentations, minutes (including the list of invitees and attendees) and the recording. Using the feedback obtained during this workshop, the draft ESSA reports (Part A, B and C) will be revised and recommendations for the Program design will be considered. Annex 6 (to be included) provides a summary of the ESSA stakeholder workshop along with the screen shots of the participants as far as feasible in the chosen virtual medium. 2.4.4 Analysis, findings and recommendations Using the data / information collected through the secondary research and consultations (state-level, community-level and stakeholder workshop), the ESSA team carried out the analysis. This focused on determining the strengths and the weaknesses / gaps of the 21 existing environmental regulatory systems and institutional systems relevant to the Program and arriving at recommendations that need to be addressed through the Program Action Plan (PAP). 2.5 Preparing the ESSA reports The draft ESSA reports – Part A, B and C - were prepared by the World Bank ESSA team using the inputs obtained from different sources: secondary information, discussions with the GoK’s implementing departments / agencies, consultation feedback (state-level and community-level) through KILA and the feedback from the stakeholder workshop. All of these inputs were analyzed and evaluated to determine the findings and recommendations. The conduct of the ESSA and preparing the set of ESSA reports were done between November 2020 and February 2021. 22 3 Key issues, benefits, impacts and risks 3.1 Introduction This chapter examines the Program in each of the sectors in order to determine the environmental issues, benefits, impacts and risks. This was first done at the Program Concept stage and progressively updated, as the Program preparation unfolded. Annex 2 includes a table that examines each of the Program activities and its environmental relevance. 3.2 Sector: Agriculture The environmental issues in agriculture in Kerala include top soil erosion (flooding and landslides). land degradation, chemical (fertiliser and pesticide) use, and conversion of agricultural lands. The focus of the Program through the results and the activities focus on (i) supporting the paradigm shift of reorganization of the Agriculture Department into agroecological zones with a focus on the Pamba basin and (ii) establishment of integrated agricultural information systems. Supporting the shift in the Pamba basin has positive implications for environment and natural resource conservation. Selecting the crop using the agro-climatic conditions and topography will result in reduced chemical use, restore soil health and result in effective water use. This will bring about better environmental benefits. And, the integrated agricultural information systems will progressively assist the farmer in all aspects that will include chemical use as well. This will once again bring positive environmental benefits. No negative environmental impacts and risks are therefore perceived in the activities planned in the agriculture sector. 3.3 Sector: Climate Change and Disaster Risk Management The Program will focus on building the capacity and enhancing the use of DRM plans at the local level. At the first level, these local level DRM plans will be in place. In parallel, there will be efforts to provide climate risk information through downscaling climate models and developing & implementing a Disaster & Climate Action Tracker (DCAT) to assess the annual plans and incentivize their inclusion of such actions. All of these will be in the context of the DRM plans guidelines, which have strong environmental sustainability principles embedded in them. Given that, the climate-responsible, resilience- building actions will not have negative environmental risks and hence no risks. On the contrary, the more widespread implementation of local DRM plans could lead to environmental benefits. 3.4 Sector: Disaster Risk Financing and Social Protection The Program will focus on improving women’s access to post-disaster safety net and/or insurance payments through establishing an unified database that will enable the same. Further, the Program will focus on increasing the effectiveness of agriculture insurance program in Pamba Basin districts by promoting crop insurance. Insurance as a disaster risk financing instrument will complement SDRF/CMDRF funds. All of these pertain to cash / financial transfers, there are no environmental issues, impacts, benefits or risks. 23 3.5 Sector: Fiscal Reform and Debt Management The Program will focus on fiscal sustainability when having to deal with disease outbreaks and natural disasters. This will be done through developing, adopting and implementing a debt management plan, particularly the priority actions. Being purely financial in nature, there are no environmental issues, impacts, benefits or risks. 3.6 Sector: Health The Program will focus on enhancing the One Health Surveillance Platform at the local level to track and respond to zoonotic disease outbreaks, and on improving district-level Integrated Public Health Laboratories (IPHLs). Construction-related EHS impacts due to establishing new or expanded facilities will entail minor risks. Improved health surveillance should unequivocally establish the link between sanitation / waste management practices and disease. In 2019, Diarrhoea was the highest at 544,027 and Leptospirosis was the highest cause of death at 57. Both these diseases are clearly linked to sanitation and waste management practices. Therefore, improved health surveillance will bring positive environmental benefits. Further, health care facilities have tightened their controls to avoid the spread of infections due to the Covid-19. This needs to be sustained beyond the current pandemic and mainstreamed into all health care facilities in order to strengthen infection control. Improving IPHLs will offer an opportunity to strengthen bio-medical waste management in health diagnostics, which is only a small contributor to the waste problem. Overall, there are concerns of bio-medical waste management in the state such as only one centralized disposal facility, issues regarding local incinerators, infection control programs have to be scaled-up, liquid waste treatment in health care facilities have to be enhanced and handling the increase in PPEs due to Covid-19. The capacity strengthening will be beneficial and will lead to reducing risks. Overall, the interventions in this sector provides an opportunity to reduce environmental risks by establishing the link between sanitation / waste management practices and disease, and contributing towards better biomedical waste management in health diagnostics. Construction-related EHS impacts will entail minor risks that need to be managed. 3.7 Sector: Roads The Program will focus on the rehabilitation of the Core Road Network (CRN) and / or maintenance to resilient standards in the Pamba basin. Further, the Road Maintenance Management Systems, and streamlining its use in the investment and budget planning through long-term performance-based maintenance contracts. The roads selected under the Program are those that do not pass through eco-sensitive areas such as forests; and the rehabilitation will be restricted within the available right-of-way without any widening. Given that, the environmental impacts will be limited and to those related to the construction phase. This will include air, dust and noise pollution; limited tree cutting / trimming; water pollution; worker and public safety; waste, scrap and debris disposal. These environmental impacts could result in physical risks but can be effectively managed through effective mitigation measures. Once the roads are rehabilitated and / or 24 maintained up to resilient standards through long-term performance-based maintenance contracts, the environmental impacts during the operational phase will be lower than the existing conditions. 3.8 Sector: Urban The Program aims to streamline developing and sanctioning risk-informed master plans. As this is an investment planning initiative, there will be no direct environmental impacts. With the focus on incorporating risk information, these plans – both the Urban Master Plans and the Priority Action Plans - will consider the environmental risks apart from disaster and climate risks that are directly linked to building resilience. For instance, tighter controls to conserve the paddy land and wetland and to restrict the conversion or reclamation. Addressing all these risks upfront in the planning is bound to bring positive environmental benefits. 3.9 Sector: Water Resource Management Developing and initiating implementation of the Integrated River Basin Management Plan for the Pamba river will be the focus of this Program. Developing flood forecasts, sharing of information between departments (WRD, KSDMA, Agriculture, Irrigation, PWD and LSGD), identifying critical investments and initiating implementation of civil works such as raising embankments, repair of sluice gates, river training works and channel / link lining. The institutional development and investment planning activities will have no negative environmental impacts, and, will contribute positively through the integrated approaches. The proposed investments will have only construction-related EHS impacts that will be localized, limited and reversible. There will entail limited environmental risks due to these impacts. After the recent flood events, particularly the one in 2018, issues related to the Pamba river have become a focus of the National Green Tribunal. Further the polluted stretches of the Pamba river have been the focus of the Kerala State Pollution Control Board in terms of monitoring the water quality, which is known to have very low BOD and DO levels in certain stretches. And, the Pollution Control Board has also been a part of Committees established to study Pamba River water for the last several years. Given that, there are contextual risks due to environmental concerns that need to be considered at the time of investment planning in order to ensure compliance to the regulations and prevailing orders during the project period. 25 4 Applicable legal and regulatory framework 4.1 Introduction This Program for Results (PforR) focuses on institutional development, investment planning and capital investments in multiple sectors. This chapter examines the environmental legal and regulatory framework (referred hereinafter as “framework”) – both at a national and state level - that are relevant to the activities to achieve the key results areas. By legal, the reference is to acts and rules pertaining to environmental issues. By regulatory, the reference is on the procedures and practices being adopted by the GoK agencies to ensure compliance to the legal requirements. At the outset, it is to be noted that there is a limited applicability of the framework to the Program activities. These are covered by sector briefly in this chapter. 4.2 Framework applicable to the Program In India, the national and state framework is well developed. A brief description of the different important elements of the framework that are directly relevant to the Program is provided by sector in the following table. No. Title and brief description Relevance to the Program A Common to all sectors 1 Environment (Protection) Act of 1986 Standards that are specifically The Act is an umbrella legislation that provides a applicable to air, water, noise and framework for Central and State Authorities established soil components to all the civil works related to the WSS under prevailing laws. It provides a single focus for the protection of the environment. infrastructure development. None of the works require national or state level EIA clearance. Organization: Department of Environment, Directorate of Environment and Climate Change, various authorities and State Pollution Control Board B Relevant to sectors with civil works / investment activities – Roads, WRM and health sectors 2 Air (Prevention and Control of Pollution) Act 1981 Under the Act, the contractor is This Act provides for the prevention, control and required to obtain the Consent to abatement of air pollution. It is to control emissions of any Establish and Consent to Operate air pollutant into the atmosphere when it exceeds the for the ready-mix concrete plant standards set under the Act and associated rules (s)if it is used for the concrete for construction. Organization: State Pollution Control Board 3 Water (Prevention and Control of Pollution) Act 1974 Under the Act, the contractor is This is to control water pollution by controlling water required to obtain the Consent to pollutants and the maintaining or restoring of Establish and Consent to Operate wholesomeness of water, through establishment and for all civil works. Further, there empowerment of Boards at the national and state levels. should be no dumping the Ensuring adherence to water quality and effluent standards construction waste / debris into is the main purpose. nearby water bodies like streams. Organization: State Pollution Control Board 4 Noise Pollution (Regulation and Control) Rules 2000 Under the Rules, the Contractors need to adhere to these rules in the 26 No. Title and brief description Relevance to the Program According to the provisions of the rules notified under this context of all civil works under the act, a person might make a complaint to the designated Program ‘Authority’ in the event that the actual noise levels exceed Organization: State Pollution the ambient noise standards by 10dB(A) or more as Control Board compared to the prescribed standards. The designated authority will take action against the violator in accordance with the provisions of these rules or other law in force. 5 Construction and Demolition Waste Management Rules For all civil works, the contractor 2016 will have to obtain authorizations The rules shall apply to every waste resulting from for all the different types of wastes construction, re-modeling, repair and demolition of any as required, and will dispose scrap civil structure of individual or organization or authority / waste only to authorized who generates construction and demolition waste such as agencies. building materials, debris, rubble. Organization: State Pollution Control Board. 6 Solid Waste Management Rules 2016 and references in These Rules are applicable for any state acts / rules & guidelines including Kerala State Policy incidental waste generated the on SWM 2018, Kerala SWM Operational Guidelines, 2017, contractor during the civil works. Kerala Municipalities Act 1994 and The Kerala Panchayat Organization: LSGIs and State Raj Act 1994 Pollution Control Board. These rules define solid waste as those generated by all the households, hospitality industry, big and small market vendors. These rules are applicable to the municipal areas and beyond. In particular, the rules have mandated the source segregation of waste in order to channelise the waste to wealth by recovery, reuse and recycle 7 Plastic Waste Management Rules 2016 and state orders These Rules are applicable for any This is to ensure segregation, collection, storage, incidental plastic waste generated transportation, processing and disposal of plastic waste in the contractor during the civil a manner that there is no damage is caused to the works. environment during this process. Organization: Department of Ban on single use plastic items in the State, wef. 1.1.2020- Environment and State Pollution GO MS No 6, 2019 Envt dt:27.11.2019 and other related Control Board. orders 8 Indian Forest Act 1927, Forest Conservation Act 1980, The use of forestland for non- Forest Rights Act 2006 and associated Kerala Preservation forestry purposes, replenishing the of Trees Act, 1986 loss of forest cover by Under this Act, administrative approval must be obtained compensatory afforestation on from the Forest Department to clear designated forestland. degraded forestland and non- According to this although the land is under the control of forest land, and permission for tree state government, due to its protected status, approval felling may be required in the from the Government for using the land may be required. context of civil works pertaining to The State Act includes the requirement of the prior infrastructure development permission in writing of the authorized officer to cut, Though the likelihood of forest land uproot or burn, or cause to be cut, uprooted or burnt, any is low, the appropriate forest tree as defined by the Act. clearance will be obtained without fail. Prior permission for tree felling to be secured in case it is required for the investment activities. Organization: State Forest Department. 9 Wildlife (Protection) Act 1972 In the context of civil works The Act provides the details the various kinds of pertaining to infrastructure endangered and other important faunal groups that need to development, this may be relevant be protected. In particular, this deals with permissions for if wildlife is encountered in the working inside or diversion of national parks and Pamba basin. sanctuaries. 27 No. Title and brief description Relevance to the Program Organization: State Forest Department. 10 The Ancient Monuments and Archaeological Sites and Wherever the civil works for Remains Act, 1958, and the Rules, 1959 infrastructure development are The Act and Rules protect the archaeological sites, and no carried out in the vicinity of person shall undertake any construction within the cultural properties, the provisions protected or regulated area except in accordance with the of the Act and Rules are applicable permission granted. for chance finds. Organization: Archaeological Survey of India offices at Thiruvanathapuram, Ernakulam and Thrissur. 11 Building And Other Construction Workers (Regulation Health and safety arrangements for Of Employment And Conditions Of Service) Act 1996 and the construction workers involved Building And Other Construction Workers (Regulation with the civil works. Of Employment And Conditions Of Service) Kerala Rules, 1998 Organization: Labour The Act and the associated Kerala Rules is a comprehensive Commissionerate, Department of for regulating the safety, welfare and other conditions of Labour service of these workers. C Relevant only to health sector 12 Bio-medical Waste Management Rules, 2016 All management of bio-medical These Rules contains schedules that outline requirements waste is as per these rules. All pertaining to categorization and management; standards health care facilities including the for treatment and disposal of bio-medical waste; prescribed Integrated Public Health authority and duties; and label of containers, bags and Laboratories have to obtain transportation of bio-medical waste. authorizations as per these Rules. Organization: State Pollution Control Board D Relevant only to the Agriculture sector 13 Kerala Conservation of Paddy Land and Wetland Act, 2008 In the unlikely requirement This is intended to conserve the paddy land and wetlands Permission shall be required in and restrict their conversion or reclamation, to promote case any facility is proposed on growth in the agriculture sector and sustain the ecological paddy land/wetlands (as balance. documented in revenue records). Organization: Department of Revenue E Relevant only to WRM sector 14 National Green Tribunal (NGT) Act 2010 and Orders NGT Orders as applicable. The National Green Tribunal has been established under the National Green Tribunal Act 2010 for effective and Organization: Government of expeditious disposal of cases relating to environmental Kerala, State Pollution Control protection and conservation of forests and other natural Board and other special resources including enforcement of any legal right relating Committees to environment and giving relief and compensation for damages to persons and property and for matters connected therewith or incidental thereto. For example, NGT Order Application (OA) No. 75/2020 This Program activities do not entail any upfront environmental clearances but there are procedural requirements such as obtaining consents prior to the commencement of civil works. These are contractor responsibilities that will have to be supervised by the respective departments that are engaged in civil works. If there are specific situations during implementation, e.g. the NGT orders, then additional procedural requirements may be applicable. The standards included in the various legislations will have to be adhered. 28 5 Institutional Systems Assessment – Procedures, practices and performance 5.1 Introduction This Program for Results (PforR) focuses on institutional development (including investment planning) and capital investments across multiple sectors. This chapter examines the environmental management systems that are institutionalized and are relevant to the activities to achieve the key results areas. These institutional systems can be broadly classified as (i) those external to the sector and involved with the regulations / enforcement, e.g. State Pollution Control Board, regulatory authorities and State Forest Department and (ii) those within organizations in the respective sectors. 5.2 Regulatory systems 5.2.1 National-level regulatory systems Description The Ministry of Environment and Climate Change (MoEFCC) is responsible for the planning, promotion, co-ordination and overseeing the implementation of India's environmental and forestry policies and programs. The broad objectives of the MoEFCC are: (i) Conservation and survey of flora, fauna, forests and wildlife; (ii) Prevention and control of pollution; (iii) Afforestation and regeneration of degraded areas; (iv) Protection of the environment and (v) Ensuring the welfare of animals. These objectives are well supported by a set of legislative and regulatory measures, aimed at the preservation, conservation and protection of the environment. Further, the Central Pollution Control Board (CPCB) is a statutory organization that provides technical services to the MoEFCC on all matters pertaining to the legal and regulatory systems. These broader national-level regulatory systems are a prerequisite and drive state-level legal and regulatory framework that the Program will have to adhere with. It is imperative to have a well-developed, established national system in order to effectively manage environmental effects and risks at the state and the program level. Section 4.2 has further information on the applicable national legislations and regulations that the above institutions are responsible for. Assessment In the Indian context, these national-level systems are well-developed and in place across all sectors. The regulatory procedures and practices are clear, streamlined and widely available. In the context of the Program, the national-level regulatory systems are not directly applicable as the management has been devolved to the state. Hence, there are no gaps in these systems vis-à-vis the Bank’s Program that needs to be addressed. 5.2.2 State-level regulatory systems Description The two regulatory agencies relevant to the Program activities are the Kerala State Pollution Control Board (KSPCB) and the State Forest Department. The KSPCB is 29 responsible for (a) issuance of consents to establish and to operate to contractor for all civil works prior to their commencement; this is under the Air Act and Water Act; (b) issuance of authorizations as per the BMW Management Rules 2016, and monitor the compliance of various provisions and conditions of the authorization. Further district Level Monitoring Committees under District Collector shall monitor and submit half- yearly reports on compliance to the State Level Advisory Committee headed by the State Health Secretary which shall monitor implementation every six months. The State Forest Department is responsible for issuing the tree cutting clearance if such incidental tree cutting is required for the civil works being planned under this Program. This is particularly relevant to the Roads sector wherein minimal tree cutting may be required as a part of road rehabilitation works. Related to the judiciary, under the National Green Tribunal (NGT) Act 2010, the Tribunal issues orders for effective and expeditious disposal of cases relating to environmental protection and conservation of forests and other natural resources. Given its statutory importance, these require the attention of the highest level of the State Government. Assessment These two state-level regulatory agencies – KSPCB and State Forest Department - are in place and their procedures for compliance are also being administered. The compliance monitoring is being periodically undertaken. The state-level systems pertaining to regulations are streamlined and the organizational capacities are sufficient. The Program activities form a rather small part of the overall responsibilities of these regulatory agencies. The environmental impacts associated with the Bank’s Program are localized, minimal and reversible. There are only low environmental risks. The findings were that there are no gaps in these state-level systems vis-à-vis the Bank’s Program that needs to be addressed. Pertaining to NGT cases, the findings revealed that GoK takes the required follow-up action as per the judiciary directions received. Under this Program, these are particularly to the WRM sector as the Pamba basin is one of the NGT areas of attention. This will need to be considered and suitably incorporated as per the prevailing orders during the Program period. 5.3 Program-level organizational systems 5.3.1 Agriculture – Department of Agriculture Description The Department of Agriculture will be the main implementing agency of the activities in this sector. The main activities are examined from the organizational systems on environmental management: • In the promotion and strengthening of Farmer Producer Organizations (FPOs) across state, capacity-building will be done. Training material will have to be developed and implemented. These will offer an opportunity to integrate basics of environmental management as per the crop focus of the respective FPOs. • In the roll-out of the Integrated Agriculture Management Information System, it is not proposed to include environmental concerns in the first phase and the subsequent 30 phases have not yet been designed. This will again offer an opportunity to integrate environmental aspects if this is planned during the Program period. • In promoting and strengthening of agroecologically relevant farming systems across the state through realigned crop assistance schemes and stakeholder capacity building, positive environmental effects are expected as the selected crop will be most suitable for the agroecological conditions. In the training content that will be a part of the capacity building, these positive effects should be emphasized. As mentioned earlier, such training content needs to be developed and made a part of the organizational systems. There is no environmental cell or division in the Department of Agriculture that will be associated with the Program activities. Environmental effects are generally integrated and managed with the agriculture functions at the various levels of the Department. Assessment As part of the capacity building, there is an opportunity to integrate the basics of environmental management. Suitable training content needs to be developed and made a part of the organizational systems for Program implementation. Given that the nature of environmental effects are positive and intrinsically embedded in the Program, there is no need for a separate environmental cell or division. The environmental mainstreaming is better accomplished through training that will contribute to organizational strengthening. Overall, in terms of environmental performance, the Department of Agriculture is clearly committed to promote environmentally responsible practices. Apart from the move to agroecological zone approach, the Department also was also found to support organic farming and similar initiatives to reduce the use of chemicals in agriculture. Their capacity was found to be adequate and can be further strengthened as outlined. 5.3.2 CC and DRM – KSDMA Description KSDMA will be the main implementing agency of the activities in this sector. Enhancing the DRM plans with climate information is the main activity. This will be done in close collaboration with LSGD as the DRM plans with climate information is for the 263 LSGIs in the Pamba basin. Initially, the plans will be developed and subsequently their increased consideration of climate information will be facilitated through an incentive mechanism. The template for DRM plans include environmental concerns. There is no separate environmental cell or division in the KSDMA. Environmental effects are generally integrated and managed along with other KSDMA activities. Assessment In this investment planning initiative, environmental concerns have been identified in the template for DRM plans3 at the LSG levels. These will suffice in terms of addressing environmental concerns of the DRM plans. With KSDMA’s technical capacity to develop 3 Local Self Government - Disaster Management Plan: Framework, Template and Guidelines, KSDMA and KILA, January 2020. 31 these plans using relevant information from various sectors, no separate environmental cell or division is required. However, in the capacity building that KSDMA will undertake, it is necessary to cover the management of environmental effects as part of the overall training content when it is developed and during implementation. Their capacity was found to be adequate. 5.3.3 DRFI and Social Protection – Department of Revenue Description The Program activities pertain to financial transfers and therefore have no environmental relevance. Assessment Assessment was not undertaken as it was not relevant. 5.3.4 Fiscal / Debt Management – Department of Finance Description The Program activities pertain to financial transfers and therefore have no environmental relevance. Assessment Assessment was not undertaken as it was not relevant. 5.3.5 Health – Department of Health Description The Program will be implemented by the Department of Health & Family Welfare Department, Government of Kerala (GoK) and would use existing GoK and National Health Mission (NHM) structures at state and district levels. The Program will be implemented through the State Program Management Unit (SPMU) and its units at the district and Block Program Management Unit (BPMU). The SPMU would be responsible for day-to-day project planning, implementation, technical support, monitoring, and fiduciary management. The Program includes two results areas as follows: (i) Building and strengthening diagnostics systems at district level and (ii) strengthening Integrated Disease Surveillance Program (IDSP) and institutionalizing One Health approach to identify and respond to zoonotic disease outbreaks in a timely manner. Establishing new and rehabilitation of existing laboratories will include minor construction-related EHS impacts, which are best addressed through adequate EHS provisions in the bid / contract documents. Further, health care facilities – including laboratories – have to adhere to the BMW Rules. There is organizational capacity within the Department to address these BMW issues even though this is not referred as an environmental cell or division. There is an overall coordinator in the Department on BMW issues. And, there are assigned responsibilities at the 32 different levels, i.e. state and health care facility. Related to the other results area, the organizational systems to link disease with environmental issues – waste management and sanitation – is being done though not explicitly documented. Assessment In terms of organizational systems dealing with civil works for enhancing diagnostic laboratories, the inclusion of EHS provisions in the bid / contract documents is required to be done. As these environmental effects are localized and minor, this would suffice. For the streamlining BMW in these new laboratories, there is capacity within the Department to ensure that these are done in compliance with the BMW rules, i.e. obtaining the authorizations and streamlining its management in the laboratory facilities. Related to the disease surveillance, though the organizational systems are in place. It will be useful to review in order to determine how this can be strengthened in a manner that more follow-up action by the LSGIs is done to improve the waste management and sanitation practices. Having documented systems and procedures vis-à-vis surveillance of disease due to environmental causes should be examined as a part of the capacity building among institutional development activities. 5.3.6 Roads – PWD Description The Program will be implemented by the Public Works Department (PWD) with support of primarily the institutions like Kerala State Transport Project (KSTP) and Kerala Highway Research Institute (KHRI). Broadly, the Program includes institutional development pertaining to Road Maintenance Management Systems (RMMS) on the one part. And investment activities that pertain to the core road network (CRN) to resilient standards and long-term performance-based road maintenance contracts in the Pamba river basin on the other part. The institutional development on RMMS and investments through the maintenance contracts will be done by PWD’s maintenance cell. The investments have been so chosen that they have limited or no environmental impacts. As the Maintenance cell has no environmental capacity, the PWD will be engaging external Technical Audit consultants who will support in the event of any environmental incidents. The contractors engaged with the maintenance contracts will have environmental capacity to adhere to the bid / contractual’s EHS requirements. The road rehabilitation in the CRN to resilient standards will be done by the PWD with project-level institutional arrangements akin to that of the Kerala State Transport Project. Here again, the investments have been so chosen that they have limited environmental impacts, i.e. not in ecosensitive areas / forests and limited tree-cutting. As the PWD’s in- house environmental capacity is weak, arrangements have been made to support through external supervision consultants, who will be available till the completion of the investment. The contracts engaged with these road rehabilitation contracts will have the environmental capacity to adhere to the EHS provisions in the bids / contracts. 33 Assessment As the road investments have been so chosen that the environmental impacts are minimal, the proposed arrangements of having Technical Audit consultants (for maintenance roads) and Supervision Consultants (for CRN rehabilitation) were found to be satisfactory. However, GoK’s effort to build in-house capacity in the PWD requires to be continued, and environmental management training should be integrated with all capacity building initiatives throughout the Program period. 5.3.7 Urban – LSGD Description The LSGD will be the prime implementing agency for this program. The Rebuild Kerala Initiative will provide oversight and any support required for procurement, financial management, environmental and social aspects. Within LSGD’s jurisdiction, the activities associated with town planning will be executed through the Department of Town and Country Planning. LSGD will directly interface with selected ULBs for supporting and facilitating project development and the investment planning. Over a four-year period, this Program will strengthen the capacity for risk-informed urban planning and implementation. This will result in the preparation of risk-informed master plans and priority action plans for at least four ULBs, one in each district of the Pamba River Basin. To accomplish this, the program will be implemented in two parallel tracks – capacity building and risk-informed Master Planning. Both the capacity building and the risk- informed master planning have to integrate environmental effects. The training content for the capacity building and the guidelines for the master planning will be part of the organizational systems. These will have to include environmental considerations in its design and its implementation. No separate organizational set-up like an environmental cell or division exists in the LSGD or the Department of Town and Country Planning. Assessment Though LSGD does not have an organizational set-up related to environmental management, this may not be necessary given the activities proposed under this Program. Integrating environmental considerations in the organizational systems can be accomplished with the planned external agency support that should also include environmental capacity as well. That would be adequate to address possible issues under this Program. 5.3.8 Water Resources - WRD Description The Kerala Water Resources Department (WRD) will be the implementing agency for the Program activities that aim to establish and operationalize RBCMA and to initiate implementation of priority investments in the Pamba river. The associated agencies / departments will include (but not be limited to) the Kerala State Disaster Management Authority (KSDMA), and the Departments of Agriculture, Local Self Government (LSGD), Land Commissioner, Environment, Forests, and Planning and Finance, among others. WRD will be the nodal agency various training and capacity building activities, in 34 doing the investment planning and initiating the implementation of critical investments. WRD has been associated with many externally funded projects and is aware of the environmental safeguard requirements. For instance, recently WRD has undertaken ESIA and ESMP studies, and integrated these with the bid / contract documents in their dam projects. Though WRD doesn’t have a separate environmental cell or division, they have the capacity to arrange to get the various studies done and to ensure the implementation of environmental management requirements in these investment projects. Assessment The Program activities are largely institutional development (including investment planning) in nature. For such activities, the environmental capacity needs to be mainstreamed and this is best achieved through training and capacity building of all the WRD staff involved with operationalizing RCBMA. Establishing a separate environmental cell or division may not be necessary. The training and guidelines that will be a part of their organizational systems require to be adequate environmental management content. Given the focus of the State Pollution Control Board and the National Green Tribunal on the Pamba river basin, it is required to integrate good environmental practices in their organizational systems. WRD’s capacity to address environmental safeguards in large projects will suffice to ensure that these are considered in the context of the investments that will be identified during the Program period and when the implementation is initiated. WRD’s capacity was found to be adequate to address issues under this Program. 35 6 Assessment of the borrower systems against the three environmental core principles 6.1 Introduction In this chapter, the borrower systems is assessed against the three environmental core principles and the associated key planning elements. In carrying out this assessment, the guiding questions given in the analytical framework provided in the ESSA Guidance have been used. Its application helped to identify areas in which environmental systems are consistent with Bank principles, those in which systems are functioning well, and those in which there may be important system gaps that need to be addressed before or during implementation. The consistency of the Program systems with these principles on two levels: (1) as systems that are defined in laws, regulations, and procedures (those external to the Program institutions), and (2) the capacity of Program institutions to effectively implement the Program’s E & S system (those internal to Program institutions). The three core principles 1-3 are of environmental relevance and borrower systems are assessed against them. Annex 1 includes the summary of the core environmental principles. 6.2 Core Principle #1: E & S management systems Both the regulatory systems and the organizational systems were examined vis-à-vis the Core principle. The GoI / GoK’s framework (laws and regulations) - environmental, forests and pollution control acts and rules - were assessed and found to be adequate to manage the environmental effects of the Program activities. At the outset, the applicability of the framework is limited and only to the investment activities / civil works proposed in the PWD, Health Department and WRD. Even these activities have only low and moderate impacts, and hence not a major focus of the framework. In relation to civil works, there are procedural requirements such as contractor has responsibilities for obtaining consents from the SPCB or permissions for tree-cutting from the Forest Department. There are performance standards that have to be met. The respective department coordinating the Program activities including civil works, e.g. PWD, have the capacity to incorporate contractual provisions for compliance, supervise their implementation and ensure adherence. The same is the case with the WRD and Health Department, where the civil works, associated environmental effects and legal & regulatory requirements are even more limited. The on-the-ground performance was found to be satisfactory. For externally funded projects, recognizing that their in-house capacity is not sufficient, the PWD systems include the conduct of the ESIA/ESMPs that studies laws and regulations, including compliance requirements in the bid / contract documents, and supervising compliance. And, the WRD is also undertaking large externally funded projects, e.g. dam rehabilitation, for which environmental management is implemented. By and large, the capacity to administer legal and regulatory requirements exists both in the agencies and in the concerned Departments. At the Program level, the implementing department’s in-house capacity will be strengthened through use of external consultants and EHS provisions in the bid / contract documents on EHS management in the sectors where civil works have been planned. For 36 instance, in the Roads sector, the PWD conducted ESIA/ESMPs with support from external consultants. The PWD is also seeking the support of external supervision consultants to monitor / supervise and the contractors assign responsibility to ensure the implementation of good environmental practices. In WRD, there are large projects for which the capacity is being externally arranged. Similar such sourcing of external capacity may be required once the civil works are identified. In the health sector, the civil works are limited and EHS provisions in the bid / contract documents will be required and are included as a part of the PAP recommendations. Related to the institutional development activities, it was found that there is sufficient awareness, competence and guidelines with the department systems to ensure that environmental issues are appropriately considered. For instance, in the CC and DRM sector, the guidance for developing DRM plans includes environmental considerations. The environmental mainstreaming required in the context of the Program activities in the different sectors should be built through training and capacity-building programs. The consistency with Core Principle #1 was confirmed. 6.3 Core Principle #2: Natural habitat and cultural properties The GoI / GoK’s regulatory systems pertaining to natural habitats, particularly forests and ecosensitive areas were assessed and found to be adequate to manage the adverse environmental effects if these arise during implementation. The forest clearance for the diversion of forest land and compensatory afforestation, e.g. for tree cutting, are mandatory. Constructions in the proximity of cultural heritage sites such as protected monuments are also regulated and there is a guideline in place to address chance findings. The Program activities do not include environmental effects on natural habitats or cultural heritage sites. There is clearly no significant conversion or degradation of critical natural habitats or physical cultural heritage is envisaged. In the unlikely case of any such environmental effects, the respective Departments were found to be competent in addressing the regulatory requirements. The consistency to this principle was confirmed. 6.4 Core Principle #3: Public and worker safety The regulatory systems include the Building And Other Construction Workers (Regulation Of Employment And Conditions Of Service) Act 1996 and Kerala Rules, 1998. The Act and Rules mandate health and safety compliance for all civil works, and is regulated by the Labour Commissionerate. While the systems are in place, the enforcement needs to be strengthened. Therefore, worker and public safety are generally managed through provisions in the bid / contract documents that the respective Departments – having civil works - will be using to procure its contractors. The provisions will be made part of agreements with contractors and will be monitored. Given the prevailing Covid-19 pandemic situation, this should also include additional requirements of the use of PPEs (face masks), physical distancing and handwashing practices that may be required of the contractor and sub-contractor personnel.4 All of these have been included as PAP recommendations. With this further strengthening, consistency to this core principle was also ensured in the Program design. 4 World Bank ESF / Safeguards Interim Note: Covid-19 Considerations in Construction / Civil Works Projects, April 2020 37 7 Consultations and disclosure 7.1 Introduction This chapter includes the main findings of the consultations during the conduct of the draft ESSA between November 2020 and January 2021. There were consultations conducted by the Bank team as well as by the Kerala Institute of Local Administration (KILA), which is the state’s apex institution in the area of local governance and participatory planning. Using the collected information, the draft ESSA was prepared. The findings and recommendations of the draft ESSA will be shared through a stakeholder workshop to be conducted in January 2021. This chapter also informs of the disclosure processes adopted for the ESSA during its preparation and also during implementation. This chapter provides reference to the Annexes that include the summary of the consultations during the conduct of the ESSA (Annex 5) and the stakeholder workshop (Annex 6 – to be included) as well. 7.2 Stakeholder consultations 7.2.1 State-level consultations These consultations were carried out both the Bank’s ESSA team and by KILA. The highlights relevant to environmental systems are compiled in the following table: No. Sector Feedback - Highlights 1 Agriculture • Agroecological Zone (AEZ) approach with agroecological management units will lead to selecting the most suitable crop for particular ecosystems. This will lead to less environmental damage, i.e. less fertilizer use, less pesticide use and less erosion. It is expected to be beneficial for the environment. • Building the relevant environmental capacity in the Farmer Producer Organization as part of the overall capacity strengthening will be required. • In the Integrated Agricultural MIS, the first is to focus on information of economic and financial relevance to the farmer. Subsequently, this will be extended to include relevant environmental information as well. 2 CC and DRM • In the template for disaster management plans for the LSGIs, there is inclusion of environmental considerations such as environment-friendly roads, water & soil conservation, green buildings and adoption of the green protocol. • Flood, land use changes, watershed management and appropriate capacity building of LSGIs should be done in an integrated manner. 3 Disaster Risk • There are no environmental effects and hence Financing environmental systems are not relevant. 38 No. Sector Feedback - Highlights 4 Fiscal / Debt • There are no environmental effects and hence environmental systems are not relevant. 5 Health • There is only one bio-medical waste disposal facility in the state. This is a constraint and disposal facilities need to be expanded. • For liquid waste, the treatment systems are not adequate. Further there are no municipal sewer network except for Thiruvanathapuram. Therefore, there are liquid waste disposal constraints. • ISDP data for 2019 revealed that (i) there is the highest occurrence of deaths due to Leptospirosis; and (ii) there is the highest number of cases of diarrhoea. Both these are due to poor solid waste and sanitation practices. 6 Roads • None of the roads in the Program pass through ecosensitive areas such as forests and wildlife areas. • To manage the construction-related impacts during the road rehabilitation, the contractor requires to have environmental capacity. Further, there will be environmental capacity within the supervision consultants to support the PWD. • For the long-term performance-based maintenance, there will be supervision consultants to support the PWD in overseeing the contract. These supervision consultants will interface between the PWD and the contractors; and provide the necessary support on environmental issues as well. • There will be no widening in any of the roads rehabilitation that are being planned under the Program. There may be some incidental tree-cutting that will be done after taking the required permissions. 7 Urban • Risk informed plans will be beneficial. This should necessarily include environmental risks. One of the main urban problems is the conversion of land use (paddy lands, wetlands and hilly lands), which results in environmental problems indirectly. Town and Country Planning Department will need the capacity to develop these risk informed plans and facilitate the adoption by the LSGs. • Finding land for waste disposal, preventing the conversion of paddy land and adopting proper scientific approaches to planning are the main issues. 8 WRM • In the river basin approach, environmental management has to be integrated. Capacity building of the WRD institutions will be required in order to achieve effective environmental performance. • WRD has done a number of externally aided projects (e.g. dams) and is familiar with the environmental studies such 39 No. Sector Feedback - Highlights as ESIA and ESMPs, which are used to manage environmental impacts. • The Pamba River Basin is particularly important from an environmental point of view as it has been a focus of the State Pollution Control Board in terms of polluted stretches and also the National Green Tribunal in the aftermath of the floods. In finalizing the river basin plan, the environmental concerns should be duly considered and suitably integrated. • River pollution due to drainage outfalls, pesticide run-off and lack of a scientific approach are the primary problems that needs to be addressed in an integrated manner. 7.2.2 Summary of community consultations The highlights relevant to environmental systems from the consultations with the gram panchayats and municipalities (covering 328 community members) in the four districts done by KILA were as follows: No. Sector Feedback - Highlights 1 Alappuzha • Agriculture: AEMU-based planning will help protect the (Mannar, environment. Pandanad and • Roads: These assets are inhibitors of natural flow and there Kainakari is a lack of proper scientific approaches in road design & Panchayat; and construction. Alappuzha • Urban: Capacity strengthening of LSGIs to manage the Municipality) main problems – floods, water contamination and solid waste pollution – is required. • WRM: Depth of the Pamba river is decreasing, river mining should be regulated an integrated approach is necessary. 2 Idukki • Agriculture: Pollution caused by chemical fertilizers, loss of (Peermade, fertility and soil erosion are the main problems. Peruvanthanam, • DRM: The planning should be based on geographic, Vandiperiyar climatic and environmental features of a particular and location. Kumily • Roads: Management of road construction is important, i.e. Panchayat) landslides, quarry management, accident management and worker use of safety gears • WRM: Water shortages and the need for conservation, protection of ponds and water bodies and rainwater harvesting are all important and the panchayats have a critical role in the Pamba river basin plan. 3 Kottayam • Agriculture: The current farming practices are leading to (Kooruthodu, adverse environmental impacts. And, the FPO capacity on Mundakayam dealing with environmental issues have to be built. and 40 Manimala • Roads: Drainage, air & dust pollution, tree cutting, roads Panchayats; and not weather resistant, water-logging and unscientific Changanaserri approaches to design and construction. Municipality) • Urban: Unscientific road constructions, degraded canal system, inefficient drainage system, drinking water shortage, decreasing attention to agriculture sector, air and water pollution, excessive waste generation and absence of waste management are the key environmental issues • WRM: River depth is a key issue, integrated approach is required and Government & civil society should work together. 4 Pathanamthitta • DRM: LSGIs are not capable. Need to improve their capacity (Ranni, Perunad through training and awareness on different sectors. and Aranmula • Roads: Air pollution, worker protection and conversion of Panchayats; and paddy land are the key issues. Thiruvalla • Urban: Drinking water and sanitation, drainage and Municipality) sewage systems are the main issues. • WRM: Past constructions were unscientific, sand mining in the rivers, rock falls due to deforestation and waste dumping are issues that need to be addressed in an integrated manner. 7.2.3 Consultations feedback - How addressed in the Program All the feedback obtained from the various stakeholder consultations have been considered both from a Program design and ESSA perspectives. On the key environmental issues and the lack of capacity within the LSGIs, these will be addressed as a part of the Program’s support in developing institutions to create the foundations for multidimensional resilience. This will address the feedback pertaining to Agriculture, DRM, Health, Roads, Urban and WRM. The feedback related to the investments that will be in the four districts along the Pamba river basin, namely Alappuzha, Idukki, Kottayam, and Pathanamthitta, will have to be addressed through building the capacity in the three sectors - Health, Roads and WRM. These are primarily related to managing civil works through EHS provisions in the bid / contract documents and streamlined monitoring & supervision. Certain capacity already exists within the implementing departments. In the light of the feedback, these were re-examined and the ESSA’s Program Action Plan has included measures to enhance the capacity where necessary, e.g. in the Health Department to manage the construction-related EHS impacts. Annex 4 compiles the highlights in detail. Against each feedback, how this has been addressed in the Program design and ESSA has been examined. The overarching feedback about adopting an integrated approach between implementing departments and between GoK and civil society organizations was an important one from the community consultations. This has already been considered through the multi-sector Program design at the local level. In specific, the basin management approach of the Pamba river is aimed to encourage such an integrated approach. Building environmental 41 content in the capacity building initiatives pertaining to the river basin management has been identified as one of the Program Action Plans. 7.2.4 ESSA Stakeholder workshop To be completed once the workshop (18 February 2021) is held and the proceedings are prepared. 7.3 Disclosure 7.3.1 Draft ESSA reports The draft ESSA reports – the draft ESSA Summary Report (Part A), this draft ESSA Environmental Report (Part B) and the draft ESSA Social Report (Part C) will be disclosed on Monday, February 8, 2021 in the RKI website. This disclosure included the English version. The draft ESSA Summary Report (Part A) was translated in the local language - Malayalam – and will be disclosed in the RKI website on Tuesday, February 9, 2021. Comments, suggestions and any other feedback will be requested along with this website disclosure. Further, all the invitees to the ESSA stakeholder workshop - GoK officials from the relevant implementing departments and other stakeholder (community and civil society organizations) representatives - will be sent the draft ESSA Summary Report about a week prior to the conduct of the workshop. Disclosure to the invitees will also accomplished through this approach. At the workshop, the Bank Task team will present a brief overview of the Program and will share the findings – including environmental - in the draft ESSA report, and seek feedback from the participants. Disclosure to the invitees in the form of a presentation was also accomplished through this approach. 7.3.2 Final ESSA reports The feedback obtained through the disclosure will be used to strengthen the Program design and the draft ESSA reports. The final versions of ESSA reports will be used to replace the drafts in the RKI website. And, the final versions will also be disclosed in the World Bank website. 7.3.3 During Program Implementation On its website, RKI will disclose information on the Program as a whole and about the ESSA implementation in particular. This will be periodically kept up-to-date. Further, the disclosure of information will be done in line with the Right to Information Act 2005. This mandates timely response to citizen requests for government information. Further, Section 4(1)(b) of the RTI Act lays down the information which should be disclosed by Public Authorities on a suo moto or proactive basis. 42 7.4 Grievance Mechanism The assessment of the grievance mechanism was elaborately carried out under the social assessment. As grievance mechanism is the same for both environmental and social issues and there are more community / public grievances than environmental ones, this is covered in the draft ESSA social report. At the coordination level, within Rebuild Kerala Initiative (RKI), Project Management Support Services (PMSS) will be responsible for implementation, coordination, monitoring and evaluation. Their services will include grievance management as well. And, within each of the sectors and their institutions, there are separate grievance mechanisms. Gaps and institutional strengthening requirements have been identified as a part of the social assessment. These are included in the draft ESSA Summary Report and the draft ESSA Social Report. 43 8 Findings and recommendations 8.1 Introduction This chapter includes the findings and recommendations emerging from the analysis presented in the earlier chapters. As part of the findings, the Program exclusions and highlights both on environmental issues have been included. And, as part of the recommendations, the ESSA inputs to the Program Action Plan and to the Implementation Support Plan covering environmental issues have been included. In these inputs, the focus is on strengthening the environmental systems relevant to the Program activities in the various sectors addressed. 8.2 Findings 8.2.1 Program exclusions The Bank’s Program was reviewed to ensure that the activities do not include those not eligible for PforR financing. It was confirmed that: PforR financing eligibility Verification notes No limited or significant conversion or None of the already identified investments degradation of critical natural habitats or – in Roads, WRM and Health sectors - are critical cultural heritage sites; in the vicinity of any natural habitats or cultural heritage sites. And, guidelines for their non-inclusion in the investments that will be identified during the program period. No air, water, or soil contamination None of the already identified investments leading to significant adverse impacts on – in Roads, WRM and Health sectors – have the health or safety of individuals, significant EHS impacts. Impacts are communities, or ecosystems; limited, localized, reversible and low-to- moderate in nature. No workplace conditions that expose None of the already identified investments workers to significant risks to health and – in Roads, WRM and Health sectors – have personal safety; such workplace conditions prone to worker health and safety risks. No adverse environmental impacts No such large-scale impacts. All are covering large geographical areas, limited, localized, reversible and low-to- including transboundary impacts, or moderate in nature. global impacts such as greenhouse gas (GHG) emissions; No significant cumulative, induced, or Even though the investments are in the indirect impacts; Pamba river basin, none of the impacts are large enough to result in any cumulative, induced and indirect. In fact, the Program activities are expected to enhance the environmental quality of the Pamba river basin. 44 There were no potentially significant, adverse environmental impacts in the Program design. During the implementation, all such activities shall remain excluded. As part of the Bank’s implementation support, it will need to be ensured that none of the activities identified during the Program period deviate from these PforR eligibility requirements. 8.3 Highlights The following are the main highlights from the findings: • Overall: The Program activities, particularly the institutional development and the investment planning has the potential to deliver significant environmental benefits, e.g. in the CC and DRM, Urban and WRM sectors. These can be enhanced and sustained through strengthening of the environmental systems. • Overall: The Program investment activities will have localized, reversible and minor environmental impacts. These impacts are not within eco-sensitive or culturally sensitive areas. Some of these impacts are relevant to worker and public safety as well. All of these can be mitigated through management measures for which the arrangements were found to be satisfactory. There are some gaps for which recommendations for strengthening systems have been made in the Program Action Plan. • Overall: Most of the Program activities do not fall under the purview of regulatory systems except for civil works – Health, Roads and WRM – which will require the contractor to get consents from the SPCB as required. These are simple, standard and well-established regulatory requirements. • Overall: The environmental sector institutions such as the DoECC are not integrally connected with the sectoral environmental issues and the sector departments. Therefore, their expertise is not reaching the sectors. Also, their own expertise is not evolving with the sector experiences, i.e. practices being adopted and the performance being achieved. • Agriculture: The move towards the agroecological approach will lead to crop selection that will bring positive environmental benefits. No separate systems strengthening is required to enhance these benefits. • CC and DRM: The LSG’s DRM templates and guidelines are already take into account a number of environmental considerations. These organizational systems should be sufficient to mitigate the impacts when the Program moves to implementing these initiatives. • Health: Improving the disease surveillance has the potential to link particular diseases with possible waste management and / or sanitation issues within the community. Strengthening systems will assist in taking preventive action, which is to address waste management and / or sanitation issues effectively. And, in the case of expanded health care diagnostic facilities, streamlining BMW systems will be necessary and should be done with the support of the SPCB. • Roads: Rehabilitating the CRN and establishing the long-term performance based contracts for road maintenance – both in the Pamba basin – will have localized and reversible negative environmental impacts. Given the limited environmental capacity of the PWD, the Program has already included strengthening of environmental systems in its design, i.e. through the provision for supervision consultants for the CRN rehabilitation contracts and technical audit consultants for the road maintenance contracts. 45 • Urban: Having risk-informed master plans and identifying priority plans will consider climate risks, disaster risks and others including environmental risks. Such upfront considerations through the proposed systems strengthening will go a long way in avoiding unnecessary negative environmental aspects as well. • WRM: By structure, making operational RCBMA establishes an integrated approach that augurs well for better environmental management within the river basin. Training and capacity building on environmental management should be included so that there is environmental systems strengthening of the sector as a whole. As the Pamba river basin has been a focus of the NGT after the floods of 2018 and also due to certain polluted stretches, it is important to ensure that the Program activities incorporate all the stakeholder concerns adequately. During the Program concept stage, the environmental risk rating was indicated as substantial as the nature of the investments was not confirmed then. Based on the review of the portfolio of Program activities, it is clear that (a) the already identified investment activities have been chosen keeping in view that the environmental impacts will be minor, e.g. not in the vicinity of eco-sensitive arears or will require cutting of a limited number of trees if at all; (b) the investment activities to be identified during the Program period will necessarily adhere to the eligibility criteria guideline that is consistent with the Bank’s PforR eligibility for financing; and (c) the existing systems with some strengthening will be able to address the low-to-moderate environmental impacts / risks associated with the Program. Given these findings, the environmental risk rating is categorized as moderate. 8.4 Recommendations 8.4.1 ESSA inputs to the Program Action Plan The following table includes the list of activities to be undertaken towards environmental systems strengthening in the context of the Program activities: 46 No. Sector Description Timeline Indicator for completion E1 Agriculture Develop relevant End of Year 1 Evidence of environmental content in the and the rest of the conduct of training and capacity building project period training that to be given to AEMUs and FPOs. includes Conduct such training for environmental mainstreaming environmental content considerations. E2 Health Review and strengthen the bid / End of Year 1 Standard bid / contract provisions pertaining contract to EHS for civil works when the documents of new or expansion of IPHLs is DoHFW undertaken include EHS provisions E3 Health Develop and conduct focused End of Year 1 Evidence of staff training to streamline and the rest of the training BMW management systems in project period material and the new or expanded IPHLs the conduct of training in IPHLs E4 WRM Develop relevant Throughout Evidence of environmental content in the the project training training and capacity building period conducted pertaining to institutional that includes development and investment environmental planning. Conduct such training content for mainstreaming environmental considerations. E5 Environment Facilitate a regular dialogue Throughout Evidence of between the environmental the project the periodic sector institutions such as the period conduct of the DoECC and SPCB and sector dialogue institutions to enable a two-way capacity-building. 8.4.2 ESSA Inputs to the Implementation Support Plan The Bank’s Program focuses on institutional development, investment planning and capital investment activities. Of these, the Bank’s implementation support should focus largely on further building the environmental management capacity as a part of the institutional development. With regard to the capital investments, the Bank’s implementation support should also supervise compliance to contractual requirements and good EHS practices so that no risks ensue. The sectors of focus will be WRM for the institutional development activities and the Roads for their investments in building climate resilience 47 Annex 1: Summary of ESSA Core Principles and Exclusion List Summary of ESSA Core Environmental Principles Core Principle #1: Program E&S management systems are designed to (a) promote E&S sustainability in the Program design; (b) avoid, minimize, or mitigate adverse impacts; and (c) promote informed decision-making relating to a Program’s E&S effects Core Principle #2: Program E&S management systems are designed to avoid, minimize, or mitigate adverse impacts on natural habitats and physical cultural resources resulting from the Program. Program activities that involve the significant conversion or degradation of critical natural habitats or critical physical cultural heritage are not eligible for PforR financing. Core Principle #3: Program E&S management systems are designed to protect public and worker safety against the potential risks associated with (a) the construction and/or operation of facilities or other operational practices under the Program; (b) exposure to toxic chemicals, hazardous wastes, and otherwise dangerous materials under the Program; and (c) reconstruction or rehabilitation of infrastructure located in areas prone to natural hazards. Exclusion List Under the Policy, activities that are “judged to be likely to have significant adverse impacts that are sensitive, diverse, or unprecedented on the environment and/or affected people are not eligible for financing and are excluded from the Program.” More specifically, PforR financing should not be used to support programs, or activities within programs, that in the Bank’s opinion involve the following: • Significant conversion or degradation of critical natural habitats or critical cultural heritage sites; • Air, water, or soil contamination leading to significant adverse impacts on the health or safety of individuals, communities, or ecosystems; • Workplace conditions that expose workers to significant risks to health and personal safety; • Large-scale changes in land use or access to land and/or natural resources; • Adverse E&S impacts covering large geographical areas, including transboundary impacts, or global impacts such as greenhouse gas (GHG) emissions; • Significant cumulative, induced, or indirect impacts; 48 Annex 2: Environmental Screening of activities – benefits, impacts and risks5 Program Activities Environmental Impacts, Risks & +ve Benefits / - ve / nil Sector: Agriculture (i) promoting and strengthening of Opportunity to integrate +ve Farmer Producer Organizations (FPOs) environmental content in the across State; strengthening of FPOs. (ii) roll-out of the Integrated Agriculture Opportunity to integrate +ve Management Information System; and environmental information to facilitate better farmer decisions. (iii) promotion and strengthening of AEZ / AEMU approaches are +ve agroecologically relevant farming intrinsically environmentally systems across the State through responsible as the crop selection is realigned crop assistance schemes and based on the local ecosystems. stakeholder capacity building. Sector: CC and DRM (i) developing local level climate and Availability of data has the potential +ve disaster risk data; to lead to environmentally sound decisions. (ii) strengthening capacity of LSGs to Upfront considerations of all risks – +ve prepare risk informed local DRM plans; including environmental risks – has the potential to lead to environmentally sound decisions. (iii) developing a scoring matrix (the No environmental relevance nil Climate Action Tracker (CAT)) to track investments that are climate and disaster risk informed (or co-benefits); and (iv) pilot a system of financial incentives Promoting DRM and CC has the +ve to the 263 LSGs in the Pamba River Basin potential to lead to better to develop and activate local DRM plans environmental decisions. and achieve agreed co-benefits target. Sector: DRFI-SP (i) adopting a comprehensive DRFI No environmental relevance nil strategy; (ii) putting in place an institutional No environmental relevance nil framework for managing the DRFI system; (iii) building a Statewide adaptive safety No environmental relevance nil net system with parametric norms for 5 The environmental screening was done from the Concept Stage, and has been updated to reflect the list of Program activities at the Decision meeting in February 2021. 49 Program Activities Environmental Impacts, Risks & +ve Benefits / - ve / nil support and a payments platform which triggers disaster-related ex ante or ex post payments to bank accounts of affected populations, particularly the poor and vulnerable, in a transparent and timely manner; (iv) piloting such payments to vulnerable No environmental relevance nil fisherfolk families in the Pamba river basin districts; (v) rolling out market based risk transfer No environmental relevance nil mechanisms through agriculture risk insurance for targeted farmer groups in the Pamba river basin districts and leveraging additional funds from the market either by issuance of bonds and/or purchase of (re)insurance. Sector: Fiscal (i) establishing and strengthening a debt No environmental relevance nil management unit in the DoF; (ii) carrying out a debt restructuring No environmental relevance nil study and adopting a debt restructuring action plan; and (iii) implementing a debt management No environmental relevance nil plan to bring the State’s debt-to-GSDP ratio onto a more sustainable path. Sector: Health (i) operationalizing integrated PHLs There will be additional / -ve supporting disease surveillance and incremental increase in the enhanced clinical case management in generation of bio-medical wastes; Pamba River Basin districts; training of personnel and streamlining waste systems will be required. (ii) establishing a OH platform to Strengthened surveillance will +ve strengthen coordination, collaboration, establish a link between community networking, joint surveillance, waste management and sanitation preparedness and response to practices, and human health. This counteract health hazards; and will lead to better environmental management practices. (iii) piloting community-based OH Strengthened surveillance will +ve surveillance practices in Pamba River establish a link between community Basin districts and scaling it up if waste management and sanitation resources allow. practices, and human health. This 50 Program Activities Environmental Impacts, Risks & +ve Benefits / - ve / nil will lead to better environmental management practices. Sector: Roads (i) implementing the RMMS with a fully Building climate resilience in road +ve functional climate module; maintenance has the potential to improve environmental management as the designs will be appropriate (ii) establishing a RMMS cell with Opportunity to integrate +ve required in-house and contracted staff to environmental expertise pertaining produce annual capital, maintenance and to roads O & M in the RMMS cell. This climate works program, which would is particularly relevant to those inform state road sector planning and roads that require climate budget; and adaptation (iii) implementing climate-resilient CRN Construction-related environmental -ve road infrastructure and long-term impacts – though minor, localized OPBRC contracts in selected districts and reversible – will have to be along the Pamba river basin. properly managed using management measures. Sector: Urban (i) developing guidelines for risk- Opportunity to integrate +ve informed Master Planning; environmental risk considerations in these guidelines. (ii) developing capacity building Opportunity to integrate +ve programs for risk-informed planning and environmental content in the training Department of Town and planning and training of DTCP and Country Planning (DTCP) and ULBs; and ULBs (iii) preparing risk-informed Master Opportunity to integrate +ve Plans and Priority Action Plans for at environmental content in the risk- least four ULBs in Pamba River Basin, informed Master Plans after generating all the risk data and maps required and conducting stakeholder engagement. Sector: WRM (i) equipping the RBCMA with advanced Advanced water resources planning +ve water resources planning and analytical and analytical tools has the potential tools, along with the needed staff, to include environmental capacity and equipment; considerations and that will become integral to the staff capacity building (ii) operationalizing systems of Increased sophistication in +ve integrated reservoir operations, water integrated approaches in WRM has monitoring, data collection and 51 Program Activities Environmental Impacts, Risks & +ve Benefits / - ve / nil management, flood management the potential to contribute to better (including flood forecasting), evaluation environmental management. of environmental flows, and more efficient water allocation to agriculture, irrigation, domestic purposes, industrial, and other uses to improve productive and sustainable water use; (iii) fostering multi-sectoral and inter- Better inter-agency coordination has +ve agency coordination to mainstream the potential to result in better river climate resilience into water resources basin decisions, which are planning and management; environmentally sustainable. (iv) developing climate-proofed local Climate proofing of local-level +ve level district management plans; and district management plans has the potential to lead to environmentally sound decisions. (v) implementing priority investments Construction-related environmental +ve based on integrated river basin plans impacts – though minor, localized developed for Pamba River Basin and reversible – will have to be districts. properly managed using management measures. 52 Annex 3: Consultations - Suggested Checklist6 recommended for KILA DRM Results Area 1: Building systems and institutional capacities for managing shocks from climate change, natural disasters and disease outbreaks Program Activities: Description Dept / Agency Establish protocols for climate informed planning and tools LSGD, LSGIs, KSDMA for application [1] Train LSG staff on application of local DRM plans and LSGD, LSGIs, KSDMA climate proofing processes [1]LSGD, LSGIs, KSDMA Apply screening and planning tools for climate proofing/ LSGD, LSGIs, KSDMA smart investments in LSGIs [1,2]LSGD, LSGIs, KSDMA Note: 1. Institutional development (e.g. capacity building, training, institutional strengthening); 2. Investment planning and management; and 3. Infrastructure development and maintenance. Environmental Checklist: Sector / Department / District • What are the key environmental aspects to be considered in climate-informed planning? For establishing protocols, should KSDMA and LSGD’s capacity require strengthening? What are the gaps? What’s the type of capacity strengthening on environmental aspects? [Note: Capacity strengthening can be (a) environmental norms and guidelines; (b) environmental training and (c) incentives for environmental performance.] LSGIs / Community • What are the key environmental aspects to be considered in climate-informed planning? What is the capacity of the LSGIs in applying these tools in ensuring that environmental aspects are addressed? What are the gaps? What is the nature of capacity strengthening required in the LSGIs? • In LSGIs located in eco-sensitive areas or culturally sensitive areas, what are the additional issues that need to be addressed? Are there any particular gaps? What is the capacity strengthening in these LSGIs that will be required? 6 These checklists were based on the Program activities as of December 2020. The exact description and the wording of the Results areas and activities may vary from the later version of the Program Appraisal Document (PAD), e.g. those included in Annex 2. 53 DRFI / SP Results Area 1: Building systems and institutional capacities for managing shocks from climate change, natural disasters and disease outbreaks Program Activities: Description Dept / Agency Develop a unified registry for disaster assistance and social DoF, DoR, KSDMA, welfare benefit payments [1] DoA, Fisheries Develop guidelines on payment norms/modalities, DoF, DoR, KSDMA, administrative rules, and monitoring arrangements; [1] DoA, Fisheries Develop and adopt a comprehensive disaster risk finance and DoF, DoR, KSDMA, insurance strategy/action plan; [1] DoA, Fisheries Pilot at least two alternative risk transfer and insurance DoF, DoR, KSDMA, (parametric) products targeting both household/vulnerable DoA, Fisheries population and the state government.[1] Note: 1. Institutional development (e.g. capacity building, training, institutional strengthening); 2. Investment planning and management; and 3. Infrastructure development and maintenance. Environmental Checklist Sector / Department / District • Nil LSGIs / Community • Nil 54 Fiscal Results Area 1: Building systems and institutional capacities for managing shocks from climate change, natural disasters and disease outbreaks Program Activities Description Dept / Agency Establish and staff a debt management unit to produce quarterly/annual DoF debt forecasts/ updates and annual debt management plans; [1] Undertake a feasibility study on debt restructuring options and DoF implementing its recommendations, considering the fiscal implications of recent natural disasters and Covid-19 pandemic [1] Note: 1. Institutional development (e.g. capacity building, training, institutional strengthening); 2. Investment planning and management; and 3. Infrastructure development and maintenance. Environmental Checklist Sector / Department / District • Nil LSGIs / Community • Nil Urban Results Area 1: Building systems and institutional capacities for managing shocks from climate change, natural disasters and disease outbreaks Program Activities Description Dept / Agency Establish systems and strengthen institutional and technical capacities of LSGD ULBs to undertake and operationalize risk-informed master planning, and TCP and LSGD to support and incentivize risk-informed master planning by ULBs. [1,2] Note: 1. Institutional development (e.g. capacity building, training, institutional strengthening); 2. Investment planning and management; and 3. Infrastructure development and maintenance. Environmental Checklist Sector / Department / District • What are the key environmental issues relevant to the master planning process from a TCP and LSGD perspective? What are the gaps, if any? What kind of capacity strengthening is required within the TCP and LSGD that can be integrated with the risk-informed approach? [Note: Capacity strengthening can be (a) environmental 55 norms and guidelines; (b) environmental training and (c) incentives for environmental performance.] • Are there any specific additional considerations for the master planning process when it is in eco-sensitive or culturally sensitive areas? Any additional capacity strengthening requirements? LSGIs / Community • What are the key environmental issues relevant to the master planning process from an ULB perspective? What are the gaps, if any? What kind of capacity strengthening is required that can be integrated with the risk-informed approach? • If the ULBs are located in eco-sensitive or culturally sensitive areas, are there additional issues that need to be dealt with? If yes, what kind of capacity strengthening is required to address them effectively in the risk-informed approach? Health Results Area 2: Supporting effective Covid-19 response and disease outbreak preparedness Program Activities Description Dept / Agency Plan for expanded laboratory network developed and approved; DoHFW, Establishment of infrastructure; Procurement of materials, chemicals, and DoAH equipment; Training of personnel.[1,3] Plan for expanded Integrated Disease Surveillance Program (IDSP) for DoHFW, humans (including zoonotic diseases) developed and approved; piloting of DoAH system; modifications; and expansion.[1,2] Note: 1. Institutional development (e.g. capacity building, training, institutional strengthening); 2. Investment planning and management; and 3. Infrastructure development and maintenance. Environmental Checklist Sector / Department / District • In expanding the laboratory network, additional arrangements for managing the bio- medical waste – as per BMW Rules 2016 – will have to be put in place? What is the capacity strengthening required in terms of equipment, awareness-building and competence training? • What are the environmental implications related to IDSP in terms of BMW and infection control? LSGIs / Community • What is the prevailing capacity in managing BMW – infection control protocols, storage of BMW and collection of BMW with the treatment facility - in the sub-centres, primary health care facilities, secondary health centres and existing laboratories, if any, connected to these? What are the gaps? What is the capacity strengthening required? [Note: Capacity strengthening can be (a) environmental norms and guidelines; (b) environmental training for awareness & competency building, and (c) incentives for environmental performance.] 56 • What is the on-the-ground environmental performance of the existing IDSP? What are the gaps, if any? What are the capacity strengthening needs that needs to be considered with the proposed expansion? WRM Results Area 3: Demonstrating integrated approaches to multidimensional resilience at the local level Program Activities Description Dept / Agency Develop the Pamba basin plan through capacity building support [2] WRD Establish flood forecasting and IROS for the Pamba basin through capacity WRD building support [1] Operationalize RBCMA with technical and operational staff through WRD capacity building support (training, equipment investments) [1,3] Establish WRM Command and Control Center through capacity building WRD support (training, equipment investments) [1,3] Identify critical investments in Pamba Basin [2] WRD Make operational flood forecasting and IROS for 4 districts in Pamba basin WRD [1,3] Complete 2 climate proof investment plans based on the Pamba basin plan WRD [2] Note: 1. Institutional development (e.g. capacity building, training, institutional strengthening); 2. Investment planning and management; and 3. Infrastructure development and maintenance. Environmental Checklist Sector / Department / District • With the RBCMA, what requires to be done to strengthen the environmental capacity? In which agencies? Any suggestions on how it should be done? • Any suggestions on integrating environmental capacity through awareness and training in the context of implementing the RCBMA? • What are the key environmental issues to consider in the Pamba river basin? What are the capacity strengthening needs to address these issues? [Note: Capacity strengthening can be (a) environmental content in the river basin plan including norms and guidelines; (b) environmental training for awareness and competence building, and (c) incentives for environmental performance.] LSGIs / Community • In implementing the integrated river basin approach in the Pamba river basin, what are the key environmental issues that need to be considered? Which agencies should be involved and how should their capacity be strengthened? • The Pamba river basin includes highlands, forests and water bodies. It also includes culturally sensitive properties such as the Sabari Mala. Which agencies should be involved and how should their capacity be strengthened to avoid impacts on these natural habitats and culturally sensitive properites as the intergrated river basin approach is implemented? 57 • What will be the critical investments in the Pamba basin? What are their environmental impacts likely to be? How should capacity be strengthened to address them? Agriculture Results Area 3: Demonstrating integrated approaches to multidimensional resilience at the local level Program Activities Description Dept / Agency Realignment of state budget support towards promotion DoA, SFAC (Small Farmer's of AEU designated crops. [1] Agri-Business Consortium) Promotion and strengthening of Farmer Producer DoA, SFAC (Small Farmer's Organizations (FPO) in select AEUs in Pamba basin [1,3] Agri-Business DoA, SFAC (Small Farmer's Agri-Business Consortium) Consortium)WRD Expansion of Integrated Agriculture Management DoA Information System (IAMIS) as per Software Requirement Specifications (SRS)[1,3] Note: 1. Institutional development (e.g. capacity building, training, institutional strengthening); 2. Investment planning and management; and 3. Infrastructure development and maintenance. Environmental Checklist Sector / Department / District • What are the key environmental issues confronting agriculture, e.g. excessive water use, soil run-off, use of chemical pesticides and excessive use of chemical fertilizers, and what is the capacity of agencies to address them? Is there a need to strengthen the capacity? [Note: Capacity strengthening can be (a) environmental guidelines; (b) environmental training and (c) incentives for environmental performance.] • How will the transition to AEU result in the better environmental performance? What needs to be done, if any, to facilitate the transition more effectively and quickly? Capacity strengthening requirements (training, awareness, competence) if any? • In the strengthening of FPOs, do environmental aspects have to be addressed? If yes, what capacity strengthening is required and how can these be facilitated? • In IAMIS, what and how can environmental information be included so that it can guide improving the environmental performance of the agriculture sector? LSGIs / Community • Due to the AEU designated cropping pattern, is there likely to be any environmental implications? If yes, what are they? What capacity strengthening is required to address them? • What is the capacity of a typical FPO to take action related to environmental issues? What capacity augmentation is required? Roads Results Area 3: Demonstrating integrated approaches to multidimensional resilience at the local level 58 Program Activities Description Dept / Agency Conduct TA, training and capacity building [1] PWD Implement RMMS (Survey and data collection for entire CRN, Roll out PWD FWP, Staffing of RMMS Cell, CRN Budget allocation and COE institutionalization) [1,2] • Roll-out of performance-based management contracts for road asset PWD management in the Pamba Basin – List of roads included • Capital works and climate enhancement layered works for climate PWD resilient core road networks (CRN) implemented in Pamba basin - List of roads included Note: 1. Institutional development (e.g. capacity building, training, institutional strengthening); 2. Investment planning and management; and 3. Infrastructure development and maintenance. Environmental Checklist Sector / Department / District • What would you suggest about integrating environmental assets in the RAMS? Is there a need for capacity strengthening within the PWD pertaining to RAMS and in general? Capacity strengthening (content including guidelines, awareness, competence, budgets)? • Any suggestions on natural habitats (highlands, forests, wetlands and others) and cultural property considerations in the proposed guidelines on climate-resilient construction? Capacity strengthening (content including guidelines, awareness & training)? • Any suggestions on public and worker safety in the considerations in the proposed guidelines on climate-resilient construction? Capacity strengthening (content including guidelines, awareness & training)? LSGIs / Community • What are the key environmental issues related to the roads? Which are the Government agencies involved? Is there a gap in their capacity? If yes, what strengthening is required? • Which are the forests, wetlands and other eco-sensitive areas, if any, associated with roads? • Which are the cultural considerations in relation to roads, if any, that need to be addressed? What requires to be done and by whom? What capacity strengthening is required, if any? • What are the public and worker safety issues seen in road projects? Any particular roads wherein this is a significant concern? ? What capacity strengthening is required, if any, with the Government agencies, e.g. PWD, Local Government and Police? 59 List of roads under the output and performance-based road maintenance contracts Approx. Road name District Length (km) Chengannur Angamaly Kottayam/Ernakulam 118.00 Chengannur-Mavelikkara Alappuzha 16.00 Kozhenchery- Chgengannur Pathanamthitta/Alappuzha 14.00 Ponkunnam-Thodupuzha Idukki/Kottayam 50.00 Kumaly-Pooppara Part I & II Idukki 78.60 Vattavada Top Station-Moonar Idukki 44.00 Kayamkulam-Mavelikkara-Thiruvalla Alappuzha/Pathanamthitta 31.00 K.P. Road from Kayamkulam to Adoor Alappuzha/Pathanamthitta 21.00 Thrikkunnapuzha-Karthikapally- Alappuzha/Pathanamthitta 118.00 Thattarambalam;Pandalam-Kaipattoor Kollam-Ayoor Kollam 30.00 List of roads under the climate-resilient core road networks (CRN) Package 4 Approx Road name District Length (km) Gandhinagar-Medical College-Babu Chazhikadan road-Kottayam- Parippu road-Athirampuzha Kottayam 21.95 Liessue-Kaippuzha-Mannanam- Pulikkuttissery- Parolickal- Muttappally road Vadayar Chandappalam- Mulakkulam Road and Kottayam 24.70 Vadayar Kallattippalam Muttuchira road Pathanamthitta Ayroor-MuttukudukkaIllathupadi - Muttukudukka Prakkanam-Prakkanam Pathanamthitta 28.12 Elavumthitta-Kulanada Ramanchira-Thannikkuzhy Thonniamala road Mallapally-Komalam Paduthodu Kalloopara Chengaroor Komalam Kavungumprayar Pattakala, Pathanamthitta 22.65 TMV road Malamekkara Kunnathukala Chala Puthenchanda Pathanamthitta 8.6 factory Junction Azad Junction road Thattararnbalam-Michael Junction-Kochalummood- Allapuzha 21.8 Mangankuzhy-Pandalam Veeyapuram-Edathua-Puthukarry- Marnbuzhakkary-Kidangara-Kunnamgary- Allapuzha 21.35 Kumarangary-Valady-Mullakarnthuruthy Package 3 Approx Road name District Length (km) Mookannoor Ezhattumugham road and Blachippara Ernakulam 20.30 Palissery road Kakkadassery - Kaliyar road Ernakulam 20.60 Kumarakom-Nedumbassery road (proposed SH) Ernakulam 15.75 60 Approx Road name District Length (km) Ponkunnam-Thodupuzha Ernakulam 21.03 Neyyassery-Thokkumbansaddle road Idukki 28.50 Nenmara - Nelliyampathy road Palakkad 30.71 Kodungallur- shornur (SH-22) road Thrissur 34.00 Vazhakkodu-Plazhy (SH-74) road Thrissur 22.64 Thrissur Kuttippuram road (SH 69) Thrissur 29.98 Arakunnam-Amballoor-Poothatta-Piravam Road Thrissur 7.00 Note: Only the road in Idduki is in the Pamba basin. 61 Annex 4: Highlights of environmental feedback from KILA’s state- level and community-level consultations, and how these are addressed A State-level consultations No. Highlights of stakeholder feedback How addressed through Program Design / ESSA Agriculture 1 Soil acidity is the cause for reducing The AEU approach adopted in the agricultural productivity Program will help address the issues of soil health. 2 Soil runoff, pesticide and fertiliser The AEU approach adopted in the overuse also exists Program will help address in addressing these issues. 3 Intensive campaigns and education on This will be taken up under the WRM watershed management with greater sector and LSG initiatives. community involvement is required. 4 NRM, bio-resources and recycling Though not an explicit part of the initiatives Program but would partly addressed through various sector interventions particularly Agriculture and DRM. 5 Key sectors require environmental This is outside the scope of this Program, guidelines, e.g. housing however existing procedures related to environmental assessments address the issue. Additional provisions as may be necessary would be incorporated in master planning process. 6 Including environmental considerations Its importance is recognized and in Agriculture Information Management considered in the information processing Systems should be explored. and dissemination of the Integrated AIMS through crop-based package of practices. CC and DRM 7 Flood and land use changes are to be The multi-sector Program brings addressed in an integrated manner. together various sectors and crowds in resources in a limited geography to achieve integrated approach towards flood management. 8 Waste management during the disaster This is recognized and will be addressed event is a problem. through the LSGI’s DRM plans. 9 Watershed management to deal with Watershed management approach will flood and drought address both flood and drought. 10 Capacity strengthening of LSGD is LSGIs capacity strengthening will be an required integral part of the Program design. Health 11 Centralised bio-medical waste Addressing this problem is beyond the management systems are causing a scope of this Program. problem. It is overburdened. A 62 No. Highlights of stakeholder feedback How addressed through Program Design / ESSA decentralised system is required in each district. 12 Health assessment should be a part of During Program implementation, environmental assessment environmental assessments are not required as the nature of investments are limited. If done, this will be incorporated. Roads 13 Including environmental aspects into Program design focuses on RAMS is a good idea. Capacity environmental management aspects in enhancements should include the performance-based contracts and in environmental aspects. strengthening the PWD’s capacity in addressing those issues 14 The monitoring mechanism of the Program design includes the provision contractors on environmental aspects for technical auditors who will oversee needs strengthening. environmental aspects and advise corrections wherever required Urban 15 Waste management and finding land for Beyond the scope of this Program. disposal is a major issue. However, risk-informed master planning process should address the issue if identified in the process of stake holder consultations at that stage. 16 Paddy land conversion is a real problem. Beyond the scope of this Program. Mainly an enforcement problem in the However, risk-informed master planning paddy and wetland act process should address the issue if identified in the process of stake holder consultations at that stage. 17 GPs need to be given training in methods Training / capacity building of the LSGIs and scientific approaches is an integral part of the Program. 18 Buffer zones of eco-sensitive areas are This will be included under the training / under tremendous pressure due to high capacity building of the LSGIs during demand from the construction industry. Program implementation. In addition, Awareness must be created to risk informed master planning process emphasise the importance. should address the issue if identified in the process of stake holder consultations at that stage. WRM 19 Training and capacity building on Training / capacity building of the biodiversity management, groundwater various agencies involved with WRM is recharge and protecting flora & fauna an integral part of the Program. needs to be done. 20 Interface between concerned Program design aims to have an Department should be effective. integrated basin management approach that would bring the stakeholder departments together. 63 No. Highlights of stakeholder feedback How addressed through Program Design / ESSA 21 Pollution of the rivers from drainages. This will be considered as a part of the Pesticide run-off is also another Program implementation; activities will concern. comply with the applicable environmental laws. 22 Using scientific expertise to come up The Program design includes a basin with a comprehensive solution is management approach which adopts required. scientific approach towards problem- solving. B Community-level consultations B1: Alappuzha District No. Highlights of stakeholder feedback Program Design / ESSA How addressed Agriculture 1 AEU-based planning will help protect Program design incorporates AEU-based their environment. approach 2 FPO must promote bio-pesticides to While the program is not focused at that, protect from environmental damage however resilience being the corner stone of program AEU plans should address these aspects that emerging as good practices. CC and DRM 3 The main environmental issue is the Basin level planning will address the decreasing depth of rivers in the region. issue of capacities of water bodies and Desilting must be done on regular channels. intervals to ensure the river reaches its natural capacity during the monsoon. 4 In Alappuzha municipality and also at The roads stretch selected under the Kainakary, roads need to be constructed Program will incorporate climate and at an elevation to protect from floods disaster resilient features. and on the basis of scientific planning. 5 In Pandanadu GP, stagnant water in Program design includes LSGIs paddy fields requires to be diverted. investment planning, which will identify such issues that need to be addressed at the local level. 6 Local action plan on climate change is This is a part of the Program design. required and appropriate training has to be provided. Health 7 Transparency in the operation of the Beyond the scope of this Program. centralised BMW disposal agencies lacking. 8 Lack of pure drinking water has forced Beyond the scope of this Program. people to rely upon contaminated sources 64 No. Highlights of stakeholder feedback Program Design / ESSA How addressed 9 PHCs and private hospitals do not have Beyond the scope of this Program. the capacity to manage BMW properly. 10 Need for a decentralised waste Beyond the scope of this Program. management facility in each district. Roads 11 Roads are inhibitors of natural flow of The Program is aiming the road designs water. to be climate and disaster resilience. 12 Absence of crash barriers in selected The Program is aiming the road designs roads. to be incorporate appropriate road safety measures. 13 More scientific and technical The Program is aiming the road designs implementation of road projects is to be climate and disaster resilience and necessary. also address road safety and other important aspects of road designed based on scientific studies. 14 There are issues of air pollution due to Environmental management plans will dust during road construction. be implemented during construction to address these issues. Urban 15 Floods, high tides from water bodies, Training / capacity building of the LSGIs water contamination and solid waste is a part of the Program design. pollution are the main issues. Capacity strengthening is required. 16 In eco-sensitive areas, ULBs must be Building capacity of LSGIs (including specifically capable of handling the ULBs) is a part of the Program design. disaster management needs. Managing issues in eco-sensitive areas will be integrated into the training modules. 17 Weather stations are required in the Beyond the scope of this Program. vicinity of eco-sensitive areas. However, basin level plan by WRM department should address the issues related to availability of relevant data. WRM 18 Rivers need to be rejuvenated and depth Basin level planning will address the of river bed is decreasing. issue of capacities of water bodies and channels. 19 Road construction along the paddy The roads selected under the Program fields in the valley should address water have been designed to be climate- management. resilient and designs have considered management of water flows. 20 River sand mining should be regulated. The Program will address this as part of the river basin management approach. 21 An integrated approach should be The objective of the multi-sector established. Program is to establish an integrated approach. 65 B2: Idukki District No. Highlights of stakeholder feedback Program Design / ESSA How addressed Agriculture 1 In Kumily GP, pollution caused by Beyond the scope of the Program. chemical fertilizers and loss of fertility However, there are schemes to promote due to soil erosion have created a need organic agricultural practices. These will for organic agricultural practices. be implemented along side the AEU approach. 2 In Vandiperiyar, the use of chemical Beyond the scope of the Program. fertilizers should be regulated. CC and DRM 3 In Peerumade and Peruvanthanam The Program design is multi-sectoral. panchayats, the environmental issues These will be addressed through not only raised: develop plans based on the disaster management sector but also geographical, climatic and environment urban and WRM sectors. features of the particular location; planting trees; develop schemes for maximum use of rainwater, (develop and train rapid response team in each panchayat (rescue operation and use different resources/tools), conservation of small and large water bodies, soil conservation, protection of river shores, waste(solid/liquid) disposal, and removing water logging 4 In Kumily GP, large scale constructions There will be no large-scale construction on eco-sensitive areas, sand mining and in eco-sensitive areas under this paddy field filling were identified as Program. Issues of sand mining and issues. paddy field filing are outside the scope. However, the river basin planning will address these issues. 5 In Vandiperiyar the concerns were on The Program design will result in agricultural methods, soil erosion, and strengthening the DRM planning at the flow of water. Quarry operations and local level. These issues will get earthmoving equipment need more addressed through those plans. training. Health 6 In Peerumade, Peruvanthanam, Kumily Beyond the scope of the Program. and Vandiperiyar panchayath, BMW facilities at a local level is the expressed need. Roads 7 In Peerumade Panchayat, land use Beyond the scope of the Program. conversion of paddy, reduction agricultural productivity and water scarcity. 66 No. Highlights of stakeholder feedback Program Design / ESSA How addressed 8 In Peruvanthanam panchayath, the Environmental management plans will environmental issues related to roads be implemented as part of the are landslides and dangerous extraction construction procedures. by quarries and clogging of sewage drains. 9 In Kumily GP, flow of water, traffic These are a part of Environmental management due to construction and management plans, which will be accident management were identified as implemented as part of the construction environmental concerns. procedures. 10 In Vandiperiyar GP, safety training for Construction safety is a part of workers and issuing safety gears were Environmental management plans, identified which will be implemented as part of the construction procedures. WRM 11 In Peerumade, and Peruvanthanam The river basin management approach panchayats, water shortages and the will address these issues. need for conservation, protection of ponds and water bodies and rainwater harvesting. These panchayats have a critical role in the Pamba river basin plan. 12 In Kumily panchayat, cleaning of water The river basin management approach canals and implementing anti-litter will address these issues. practices were identified. 13 In Vandiperiyar GP, pollution of the The river basin management approach river, soil erosion and associated loss of will address these issues. fish life were identified. Importance of check dams and small canals to ensure water for agriculture were also noted. B3: Kottayam District No. Highlights of stakeholder feedback Program Design / ESSA How addressed Agriculture 1 At Mundakayam GP, the current farming The AEU approach adopted under this practices are leading to adverse Program primarily address the issue of environmental impact. The system appropriate cropping practices for should be based on soil characterises climate and soil parameters in the region. rather than being market-driven. 2 FPOs are incapable of addressing While the focus of the programs will be environmental issues. They need to on creating market linkages, as part of build their capacity. the capacity building of the FPOs, the environmental aspects will also be integrated. 67 No. Highlights of stakeholder feedback Program Design / ESSA How addressed 3 At Changanaserry, the need is to Program design supports the AEU improve the cropping selection using approach. the AEU approach. 4 FPOs are capable but need to provide Through this Program, support to the Government support. FPOs will be provided to improve their activities. CC and DRM 5 Climate informed planning must be Beyond the scope of this Program, as the induced at the school level onwards as education sector is not included. per the Manimala GP. 6 The political environment and social As part of the integrated approach, this nexus are hindering the progress of Program aims to address various issues climate-informed planning. related to climate-informed planning and mechanism is being created to incentivize mainstreaming of climate and disaster risk management into investment planning. 7 An integrated training platform to solve Program design includes training and the environmental issues. capacity building across multiple sectors. These will include environmental training as required. 8 Unscientific construction is taking a toll As part of the integrated approach, this on the environment. Program aims to address various issues related to climate-informed planning and mechanism is being created to incentivize mainstreaming of climate and disaster risk management into investment planning. 9 The cultural and traditional value of The Program supports decentralized these sensitive regions needs to be planning, and this should help prioritize protected. This is particularly the case local issues. during the pilgrimage season. 10 Financial resources are a constraint to The overall objective of the Program is to ensuring climate-resilient bridges. bring in more resources towards climate and disaster resilient planning of investments. Health 11 A lack of sufficient staff in managing Beyond the scope of this Program BMW being done by the centralised agency. The system should be decentralised. 12 IDSP helps in early identification of The Program aims to strengthen and pandemic incidences. expand the system for timely detection to undertake remedial measures. Roads 13 Drainage facility, air and dust pollution, The Program is aiming the road designs cutting down of trees, road construction to be climate and disaster resilience and 68 No. Highlights of stakeholder feedback Program Design / ESSA How addressed that are not weather resistant causing also address road safety and other water logging. Unscientific construction important aspects of road designed and lack of monitoring and based on scientific studies. Environment maintenance. management plans will also be part of the construction procedures. 14 Stop funding projects which are The Program does not support any covering forests, wetlands and eco- investments in eco-sensitive areas. sensitive areas (Mundakayam GP). 15 A more participatory approach, The Program design has been developed involvement of cultural and including different expertise that development experts and focus on road comprises road safety as well. safety should be undertaken. Urban 16 Unscientific road constructions, The Program objective is to enhance degraded canal system, inefficient climate and disaster resilience of various drainage system, drinking water participating sectors. shortage, decreasing attention to agriculture sector, air and water pollution, unavailability of waste management units, extensive use of plastics, bio and non-bio waste management and lack of proper monitoring WRM 17 Changanassery ULB the main The Program supports the river basin environmental issues they are facing are management approach which will pollution, coastal line damage. address these issues. 18 In the Pamba river basin plan, the main Basin level planning will address the issue is the decreasing depth issue of capacities of water bodies and channels. Government and civil society should The multi-sector Program aims to be collaborate. integrated across stakeholders. 19 In coastal areas, the losing soil fertility. Coastal areas and issues therein within the purview of the river basin will be addressed under the Program. 20 In Manimala, the main issues identified The Program objective is to enhance were drought, flood and pollution. climate and disaster resilience of various Agriculture, water resource department participating sectors and mainstream and LSGD should get involved these issues in investment planning. 21 In the Pamba river basin, soil, water and The river basin management approach transportation. construction and will address these issues. development activities 22 In Koruthode FGD, the river basin plan By its very nature, the river basin must take an integrated approach management approach is integrated and covering all areas of environment. will address these issues. Water and unique ecosystems are the most critical investment in this region 69 No. Highlights of stakeholder feedback Program Design / ESSA How addressed 23 LSGD must play a critical role in Training / capacity building is a part of implementing the Pamba river Basin the Program design. The LSGD and the Plan. Agencies like Kerala Sastra Sahitya civil society organizations as relevant Parishad. Training must be more will be engaged to be part of the training integrated and should be made effective activities. to deal with practical issues. B4: Pathanamthitta District No. Highlights of stakeholder feedback Program Design / ESSA How addressed CC and DRM 1 In Thiruvalla municipality is the The Program supports approaches that unscientific construction which leads to have their basis in technical studies. water logging in many places. LSGIs are Capacity building of the LSGIs is a part of not capable. the Program 2 In Aranmula panchayath, the LSGs lack Capacity building of the LSGIs is a part of of trained and equipped personnel the Program 3 In Ranni panchayath, the LSGI have no Capacity building of the LSGIs is a part of capacity. the Program 4 In Perunad grama panchayath, there are Through the various training and several environmental aspects: capacity building activities in the environment protection, conservation different sectors, the Program aims to of small and large water bodies, address these issues as relevant locally. protection of river shores, protection of trees and planting trees, waste(solid/liquid) disposal, soil conservation, removing water logging, rain water harvesting, volunteer group formation, training for rescue operation in disaster and training to use different resources/tools. 5 Improve the capacity of LSGIs, study, Capacity building of the LSGIs is a part of training and awareness of different the Program sectors, enhance the stakeholder’s capacity and improve transparency Health 6 In Tiruvalla municipality, primary and Beyond the scope of the Program. secondary health centres have no However, the Program will streamline options to deal with BMW. proper BMW management within the health care facilities where interventions are made. 7 In Ranni panchayath , BMW should be Beyond the scope of the Program disposed in a decentralised manner 8 In Perunad panchayath, the staff in Beyond the scope of the Program. managing the biomedical waste is less; However, the Program will streamline Health officials need training in proper BMW management within the 70 No. Highlights of stakeholder feedback Program Design / ESSA How addressed environmental protection, waste health care facilities where interventions management. are made. Training / capacity building will be done and will address environmental issues. Roads 9 In Aranmula panchayath, water-logging The Program aims to build climate- is the major issue. resilient roads. 10 In Ranni panchayath, the main Environment management plans will be environmental issues concerning road part of the construction procedures. developments are air pollution and unhygienic sewage systems. Workers employed by contractors have to be protected. 11 In Perunad panchayath, the The Program aims to build climate and environmental issues related to roads disaster resilient roads. are filling of paddy fields, reducing agricultural productivity, and developing water scarcity. Urban 12 Drinking water and sanitation, drainage While the Program scope does not and sewage system renovation are the address the issues directly the efforts main issues. towards multisectoral integrated planning and mainstreaming climate and disaster resilience in investment planning of LSGIs should address the issues. WRM 13 In Thiruvalla municipality, the pattern The Program supports a river basin of agriculture, construction of roads, management approach which will housing etc, and their effect on the address these issues in conjunction with ecology of the Pamba River should be all relevant stakeholders. examined. Travancore Devaswom Board should be included. 14 In Aranmula panchayath the major The Program supports a river basin environmental issue is the flow management approach that would also regulation of the river water in the address the river flow issues. Pamba. A minimum level of river water is needed to maintain groundwater levels. 15 Past constructions were unscientific Through the river basin management which caused the diversion of river approach, the Program aims to plan water and more aggressive soil erosion based on scientific and technical studies. 16 Unscrupulous mining of sand, rocks The river basin management approach along with deforestation. will address these issues. 17 In Ranni panchayath, main concerns of The river basin management approach the project should be Forestation, will address these issues. However, 71 No. Highlights of stakeholder feedback Program Design / ESSA How addressed Environmental Conservation and Waste waste minimization or eradication is Eradication. outside the scope. 18 Illegal sand mining and waste dumping The river basin management approach has to be urgently stopped. Urgent will address these issues. restoration of the river bank is necessary to prevent it from collapsing regularly. 72 Annex 5: List of consultation meetings held List of virtual meetings held with GoK officials by the Bank’s ESSA team on environmental issues Agriculture Mrs. Chandini, Agriculture Department, Kerala State Planning Board, Government of Kerala Mr. Nissan SA, Former Deputy Director, IT Division, Government of Kerala Health Dr. Rathan Kelkar, Director, Health Mission, Government of Kerala. Dr. Bindhu Mohan, Additional Director, Health Services (Responsible for biomedical waste management), Government of Kerala Dr. Meenakshy, Health Services, Integrated Disease Surveillance Programme (IDSP), Government of Kerala. Roads Mr. Shaji, Environmental Engineer, Kerala State Transport Project (KSTP), Government of Kerala. Mr. Vijay Rohidekar, Team Leader PMC-KSTP-II, Eptisa, Project Management Consultants, Kerala State Transport Project (KSTP), Government of Kerala. Mr. Madhav Reddy, Louis Berger Group, Project Management Consultants, Package 3 and 4 of the Core Road Network Mr. Debashis Pal, Environmental Consultant, Egis, New Delhi [Consultant for Package 4] Urban Mr. P.N. Rajesh, Town & Country Planning Department, Government of Kerala. WRM Mr. Priyesh R, IDRB / WRD, Government of Kerala List of state-level consultation meetings conducted by KILA Dr. Sekhar L. Kuriakose, Member Secretary, Kerala State Emergency Operations Centre, KSDMA Smt. Smitha S Nair, Joint Director of Fisheries, Directorate of Fisheries Sri. P. Venugopal, IAS, Principal Secretary, Department of Food and Civil Supplies Sri. Gigi George, Chief Town Planner, Local Self Government Department Dr. Renu Raj IAS, Director, Directorate of Urban Affairs Dr. K M Dileep, Director, Directorate of Animal Husbandry Dr. C.K. Jagadeesan, Dy.DHS (Planning), Directorate of Health Services Mr. Nadir, Executive Engineer, Irrigation Department Dr. Rajatha, Deputy Director, Department of Agriculture Development and Farmers' Welfare Dr. Jiju P Alex, Director of Extension, Kerala Agricultural University Mr. Ajith Ramachandran, Chief Engineer (Roads), Public Works Department 73 List of LSGI consultations conducted by KILA in the districts Alappuzha Mannar Panchayat Pandanad Panchayat Kainakari Panchayat Alappuzha Municipality Idukki Peermade Panchayat Peruvanthanam Panchayat Vandiperiyar Panchayat Kumily Panchayat Kottayam Kooruthodu Panchayat Mundakayam Panchayat manimala Panchayat Changanaserri Municipality Pathanamthitta Ranni Panchayat Perunad Panchayat Aranmula Panchayat Thiruvalla Municipality Breakdown of the number of participants in the districts District No. Alappuzha 45 Idukki 127 Kottayam 62 Pathanamthitta 94 74 Annex 6: Summary report of state-level stakeholder workshop (February 2021) To be included 75 Annex 7: List of references General 1. Kerala Floods and Landslides 2018: Joint Rapid Damage and Needs Assessment Report, September 2018 2. Rebuild Kerala Development Programme: A Resilient Recovery Policy Framework and Action Plan for shaping Kerala’s Resilient, Risk-informed Development and Recovery from 2018 Floods, Rebuild Kerala Initiative, Government of Kerala, World Bank Group and ADB. 3. Rapid Policy Strategic Environmental Assessment of the Rebuild Kerala Development Program (Draft, March 2019) Report, World Bank Task Team, Development Policy Operation (DPO 1) May 9, 2019. 4. Draft Report of the Environmental Analysis of the Proposed Second Development Policy Operation (DPO 2), Draft, April 27, 2020 5. Proposed Resilient Kerala Program-for-Results, Program Concept Note (PCN) and Program Appraisal Document (PAD) 6. Kerala Institute of Local Administration (KILA)’s Report on consultations conducted at the state-level and in the four districts – Alappuzha, Idukki, Kottayam and Pathanamthitta – in the Pamba River Basin, February 2021. 7. All applicable national and state level legislations and regulations (as listed in the report) Agriculture 8. Strengthening of e-Governance in Agriculture Department (Towards SMART Agriculture), Rebuild Kerala, A Report 9. Operational Guidelines for Farmer Producer Organizations in Kerala, SFAC-Kerala, Government of Kerala, CC and DRM 10. Local Self Government, Disaster Management Plan, Framework, Templates and Guidelines, KILA, KSDMA, January 2020 Health 11. ISDP Data on Communicable Diseases 2019. 12. KSPCB Guidelines for management of bio-medical waste (contaminated or suspected to be with Covid-19), 20 March 20. Roads 13. ESIA and ESMP of 251 km of roads in the central districts of the Kerala State Package III 14. ESIA and ESMP of 147 km of roads in the southern districts of Kerala State Package IV 15. ESIA and ESMP of 23.129 km roads of Pathanamthitta District Package IV, September 2020 WRM 16. Sample Bidding Document for Procurement of Works, With Financing from KfW Bank, October 2020. 17. Presentation on Kerala iRoads RMMS Project Status, TRL, 26 September 2020 18. Bidding documents for Output and Performance Based Road Contract fo the Maintenance Roads under Package III 19. Central Water Commission, Guidelines for the preparation of the river basin plan, GoI, June 2007 20. Debris removal from Pamba, Order of NGT in OA No. 75/2020, KSDMA, 8 October 2020. 21. Action Plan for rejuvenation of polluted stretch (Mannar-Thakazhy) of River Pamba (Priority IV), July 2019 22. Kerala River Basin Conservation and Management Authority Bill, 2020 (Draft) 76 RESILIENT KERALA PROGRAM Program for Results [PforR] Environmental and Social Systems Assessment [ESSA] Part C: Social Systems Assessment Draft, 08 February 2021 India HT House, Kasturba Gandhi Marg New Delhi - 110 001 1|Page 2|Page Contents Abbreviations .................................................................................................................... 6 Introduction and Program Description ................................................................................ 8 Program Description ................................................................................................................. 9 Institutional Arrangement ...................................................................................................... 12 Environment and Social Systems Assessment – Scope and Methodology ........................... 14 Scope of the ESSA ................................................................................................................... 14 Methodology .......................................................................................................................... 15 Social Risk screening of Proposed Investments.................................................................. 17 Legal and Policy Framework for the Program .................................................................... 25 Kerala Municipality Act 1994- ............................................................................................. 26 Summary of Relevant National, State Laws and Policies ........................................................ 42 Adequacy of National and State Legal framework for Managing Social Risks ....................... 44 Agriculture Sector ............................................................................................................ 45 Program Description ............................................................................................................... 45 Expected Social Effects of the Program .................................................................................. 46 Benefits and Risks ................................................................................................................... 46 Legal Instruments, Policies and Programmes/ Schemes ........................................................ 48 Institutional Systems and Capacities to Manage Social Risks................................................. 50 Program System Consistency with Core Principle .................................................................. 55 Stakeholder Consultations and Disclosure ............................................................................. 58 Gaps and Recommendations .................................................................................................. 59 Water Resource Management .......................................................................................... 61 Program Description ............................................................................................................... 61 Expected Social Effects of the Program .................................................................................. 62 Benefits and Risks ................................................................................................................... 62 Legal Instruments, Policies and Programmes/ Schemes ........................................................ 64 Institutional Systems and Capacities to Manage Social Risks................................................. 65 Program System Consistency with Core Principle .................................................................. 68 Stakeholder Consultations and Disclosure ............................................................................. 70 Gaps and Recommendations .................................................................................................. 71 Road Sector ..................................................................................................................... 73 Program Description ............................................................................................................... 73 Expected Social Effects of the Program .................................................................................. 74 3|Page Benefits and Risks ................................................................................................................... 74 Legal Instruments, Policies and Programmes/ Schemes ........................................................ 76 Institutions and Capacities to Manage Social Risks ................................................................ 77 Program System Consistency with Core Principle .................................................................. 80 Stakeholder Consultations and Disclosure ............................................................................. 82 Gaps and Recommendations .................................................................................................. 83 Social Protection and Disaster Risk Financing .................................................................... 84 Program Description ............................................................................................................... 84 Expected Social Effects of the Program .................................................................................. 85 Benefits and Risks ................................................................................................................... 85 Legal Instruments, Policies and Programmes/ Schemes ........................................................ 86 Institutional Systems and Capacities to Manage Social Risks................................................. 87 Program System Consistency with Core Principle .................................................................. 89 Stakeholder Consultations and Disclosure ............................................................................. 90 Gaps and Recommendations .................................................................................................. 92 Fiscal Reform ................................................................................................................... 94 Program Description ............................................................................................................... 94 Expected Social Effects of the Program .................................................................................. 94 Legal Instruments, Policies and Programmes/ Schemes ........................................................ 94 Institutional Systems and Capacities to Manage Social Risks................................................. 94 Program System Consistency with Core Principle .................................................................. 94 Stakeholder Consultations and Disclosure ............................................................................. 95 Gaps and Recommendations .................................................................................................. 95 Health Sector ................................................................................................................... 96 Program Description ............................................................................................................... 96 Expected Social Effects of the Program .................................................................................. 97 Benefits and Risks ................................................................................................................... 97 Legal Instruments, Policies and Programmes/ Schemes ........................................................ 98 Institutional Systems and Capacities to Manage Social Risks................................................. 99 Program System Consistency with Core Principle ................................................................ 102 Stakeholder Consultations and Disclosure ........................................................................... 105 Gaps and Recommendations ................................................................................................ 106 Urban Sector .................................................................................................................. 108 Program Description ............................................................................................................. 108 4|Page Expected Social Effects of the Program ................................................................................ 109 Benefits and Risks ................................................................................................................. 109 Legal Instruments, Policies and Programmes/ Schemes ...................................................... 110 Institutions and Capacities to Manage Social Risks .............................................................. 111 Program System Consistency with Core Principle ................................................................ 116 Stakeholder Consultations and Disclosure ........................................................................... 118 Gaps and Recommendations ................................................................................................ 120 Disaster Risk Management Sector................................................................................... 121 Program Description ............................................................................................................. 121 Expected Social Effects of the Program ................................................................................ 122 Benefits and Risks ................................................................................................................. 122 Legal Instruments, Policies and Programmes/ Schemes ...................................................... 123 Institutions and Capacities to Manage Social Risks .............................................................. 124 Program System Consistency with Core Principle ................................................................ 128 Stakeholder Consultations and Disclosure ........................................................................... 130 Gaps and Recommendations ................................................................................................ 132 Disclosure ...................................................................................................................... 133 Overall Recommendations and Program Actions ............................................................. 134 Social Recommendations...................................................................................................... 134 Program Exclusions ............................................................................................................... 136 Program Actions ................................................................................................................... 136 Annexure A: Checklist to Guide Discussions for ESSA Preparation- Social ......................... 137 Annexure B: Program level Stakeholder Map ................................................................. 145 Annexure C: List of State level Stakeholders Consulted.................................................... 146 5|Page Abbreviations ABPA Agri Business Promoting Agencies AEZ Agro-Ecological Zones ANM Auxiliary Nursing Midwives ASHA Accredited Social Health Activist CRN Core Road Network CBOs Community Based Organisations CSU/SSU/DSU Central, State and District Surveillance Units (under IDSP) CC Climate Change CCC Citizen's Call Centre CSO Civil Society Organisations DBT Direct Benefit Transfer DPO Development Policy Operation DLI Disbursement Linked Indicators DRM Disaster Risk Management DDMA District Disaster Management Authority DT&CP Department of Town and Country Planning DCAT Disaster and Climate Action Tracker- DRR Disaster Risk Reduction DRFI Disaster Risk Financing And Insurance DoA Department of Agriculture DPC District Planning Committee ESSA Environmental and Social Systems Assessment E&S Environmental And Social ER Elected Representatives ESDD Environment and Social Due Diligence ESHS Environment, Social Health and Safety standards HLEC High-Level Empowered Committee FPOs/FPCs Farmer Producer Organisations/ Farmer Producer Companies GoK Government of Kerala GP Gram Panchayat GRC Grievance Redress Cell GRM Grievance Redress Mechanism IAMIS Integrated Agriculture Management Information System IDSP Integrated Disease Surveillance Program IPHLs Integrated Public Health Laboratories IWRM integrated water resources management IEC Information Education Communication ICT Information Communication Technology IVA Independent Verification Agency KSDMA Kerala Disaster Management Authority KILA Kerala Institute of Local Administration KSTP Kerala State Transport Project 6|Page KBs Krishi Bhawans KVKs Krishi Vigyan Kendras LSGD Local Self Government Department LSGs/LSGIs Local Self Governments/ Local Self Governance Institutions NABARD National Bank for Agriculture and Rural Development OPBRC Output And Performance-Based Management PMKSY Pradhan Mantri Krishi Sinchayee Yojana PMFBY - Pradhan Mantri Fasal Bima Yojana PforR Program for Results PSIA Poverty and Social Impact Analysis PRIs Panchayati Raj Institutions PoPs Package of Practices PwDs People with Disabilities PIM Participatory Irrigation Management PDNA Post Disaster Needs Assessment RAs Results Areas RKDP Rebuild Kerala Development Programme RKI Rebuild Kerala Initiative RKP Resilient Kerala Program RKVY Rashtriya Krishi Vikas Yojana RBCMA River Basin Conservation and Management Authority RMMS Road Maintenance Management System RoW Right of Way R&R Resettlement and Rehabilitation SFAC Small Farmers Agri- business Consortium SIA Social Impact Assessment SC/ST Scheduled Caste /Scheduled Tribe SHGs Self Help Groups SCSP Scheduled Castes Sub-Plan SPV Special Purpose Vehicles TSP Tribal Sub-Plans ULBs) Urban Local Bodies VDMC Village Disaster Management Committees WRD Water Resources Department WHS Water Harvesting Structures WUA Water Users' Association WRIS Water Resource Information System WCP Women Component Plan 7|Page Introduction and Program Description The State of Kerala is highly vulnerable to natural disasters and changing climatic dynamics given its location between the western coast and steep slopes of the Western Ghats. It is prone to a host of natural hazards such as cyclone, monsoon storm surge, coastal erosion, sea level rise, tsunami, flood, drought, landslides/ land subsidence and earthquakes. In the last 3 years the state has seen several such adverse events one after the other, starting with Cyclone Ockhi in 2017, floods and landslides in 2018, 2019 and 2020, the NIpah virus in 2019 and the present COVID-19 pandemic. The 2018 floods led to widespread loss of life, property, and habitats, affecting several millions and leading to economic losses of nearly US$3.74 billion (Rs. 26,720 crores). These events and their impacts highlighted the level of under- preparedness of the State to deal with these natural disasters and climate change shocks. In order to support Government of Kerala (GoK), World Bank initiated a strategic engagement to build multidimensional resilience in Kerala through the First Resilient Kerala Development Policy Operation (DPO 1, US$250 million- June 2019) by extending support to Rebuild Kerala Development Programme (RKDP)1 —the state’s strategic roadmap for recovery, rebuilding and resilience.2 This DPO identified the need to mainstream resilience-focused policy and reforms in key sectors. It supported key policy and institutional reforms for a) improved irrigation- agriculture nexus, b) engendering river basin management, c) shifting to sustainable and climate-resilient agriculture, d) risk-informed land use planning and updating disaster management plans, e) apart from fiscal reforms to ensure greater investments for preparedness and rehabilitation. Under this DPO a dedicated institution- the Rebuild Kerala Initiative (RKI), was set up to coordinate, manage and monitor the roll out of RKDP and DPO 1 across various government departments and agencies. As part of the DPO GoK has already initiated reforms laid out in the RKDP- such as local disaster risk mapping, performance-based contracting of roads, shifting agricultural and river basin management practices to align with agro-ecological conditions and introducing risk-informed master planning for cities and towns. This partnership has improved state’s capacity to respond to disasters and improved resilience of the community and treat resilience and disaster risk management as cross-cutting concerns in policy formulation and implementation across key sectors. It has also led the way towards deepening and broad-basing this partnership by looking at additional sectors that are crucial for building the resilience of the state and its citizens to shocks of climate change, natural disasters and disease outbreaks. Larger Government Program The ‘p’ for the current operation is Government of Kerala’s flagship program, the Rebuild Kerala Development Program (RKDP) that outlines the roadmap for a New Kerala (Nava Keralam) that is more resilient, green, inclusive and vibrant. RKDP offers a paradigm shift in the approach towards post-disaster recovery, rebuilding and resilience and also offers the design blueprint for new development thinking for the State that is embedded in the principles of sustainability, equity, inclusiveness and effectiveness. To be operationalised by the Rebuild Kerala Initiative, a special purpose vehicle, the core principles on which RKDP is based upon are: 1 Rebuild Kerala Development Programme (RKDP): https://rebuild.kerala.gov.in/reports/RKDP_Master%2021May2019.pdf 2 RKDP provides the strategic guidance and a roadmap for Green and Resilient Nava Keralam (New Kerala); it proposes to create a special purpose vehicle to operationalize a multi-sectoral resilient recovery programme and mainstream resilience in development for the state. 8|Page 1. Fast, efficient and inclusive growth 2. Improving resilience of communities and assets 3. Applying the build-back-better philosophy 4. Adoption of innovative and modern technologies 5. Use of fair and equitable rehabilitation practices 6. Emphasis on Capacity building of institutions and agencies 7. Building asset management frameworks 8. Simplification of processes and procedures The Resilient Kerala PforR builds on the foundations of policy and institutional reforms initiated under Resilient Kerala DPO 1. The new PforR aims at two key Results Areas (RAs): (1) Strengthening transversal systems for resilience; and (2) Embedding resilience in key economic sectors. The former aims at working to strengthen the state levels institutions and systems for greater resilience, the latter aims at addressing the underlying drivers of floods and landslides by building states capacities and simultaneously working on integrated water resources and reservoir management; improved land use planning and management; and ecologically sound agriculture practices. Program Description The Program Development Objective ‘is to enhance the State Government of Kerala’s (GOK) resilience against the impacts of climate change, natural disasters and disease outbreaks.’ The Program will support two Result Areas that contribute to the outcomes of RKDP- first through support for state-wide systems and institutions development, and second for piloting sectoral investments in four districts along the Pamba river basin- Alappuzha, Idukki, Kottayam, and Pathanamthitta. RA 1: Strengthening transversal systems for resilience. Building on RKDP and the policy and institutional reforms achieved through RKP DPO 1 and 2 prior actions, this RA aims to enhance the sustainability of GOK’s fiscal and debt management framework to cope with largescale exogenous shocks, and institutionalize climate and disaster risk informed urban and disaster risk planning at the State level for enhanced preparedness and response. Objective 1.1: Enhancing the sustainability of the GOK’s public finances to cope with exogenous shocks The Program aims at strengthening public debt management capacity and fiscal sustainability of the GOK to manage its contingent liability to natural disasters and disease outbreaks, and to ensure that these events do not negatively impact the debt profile and budget objectives for the State’s sustainable development. This will be complemented by parallel TA and capacity building support to enhance revenues, and to improve expenditure efficiency and performance orientation in select spending departments. The Program will support the development and implementation of a comprehensive state disaster risk financing & insurance plan and social protection system. This will enable the GoK to identify and develop potential public and private sources (e.g. bonds, (re)insurance) of disaster risk financing to safeguard the state finances, provide transparent and timely assistance to the vulnerable households, and to protect the economy and livelihoods against natural disasters and pandemics. The system provides cost-benefit trade-offs to investments in climate and disaster risk reduction, risk retention, and risk transfer and ensures that the GOK is financially prepared to enact effective preparation, response and reconstruction 9|Page actions. Relief payments made to fisherfolk families will be made to the bank accounts of female head of the family, which is expected to empower women further and ensure better usage of funds. Objective 1.2: Mainstreaming climate and disaster risk informed development and investment planning This Program intends to establish norms, systems and capacities for risk-informed master planning and implementation across the State, and pilot risk-informed Urban Master Plans and Priority Action Plans in a sample of urban local bodies (ULBs) in the Pamba River Basin. This intends to support better disaster preparedness from planning, service delivery and emergency response perspective. The LSGD has initiated development of local body DRM plans. These plans are a part of local development plans, which are updated on an annual basis by the LSGs based on extensive public consultations. The LSGD is currently pursuing aligning the investment planning of local governments (LGs) with DRM plans. Specifically, the LSGD provided the LGs with vulnerability and disaster risk profiles for each local body with draft state level hazard and vulnerability grid maps prepared by the KSDMA. One of the key bottlenecks for improving and mainstreaming climate-informed local body DRM plans is the lack of down-scaled climate data and information which can be utilized to better evaluate localized climate and disaster risks as well as associated sectoral impacts . The Program will support mainstreaming climate and disaster risk considerations into the development and implementation of local DRM plans. These risk-informed local DRM plans and target-based grant incentives (measured and tracked by climate co-benefits through DCAT) will motivate LGs to invest in disaster risk reduction, to enhance disaster preparedness, and to ‘Build Back Better’ in recovery, rehabilitation, and reconstruction phases. Over time, these changes will mainstream climate change and DRM considerations into local planning and development processes. RA 2: Embedding resilience in key economic sectors: Building on the policy and institutional reforms achieved through RKP DPO 1 and DPO 2 in key economic and climate-sensitive sectors, this RA will test an integrated approach basin-based multidimensional resilience at local level among key climate-sensitive sectors: health, water resources management, agriculture and road. Objective 2.1: Strengthening the resilience of public health systems for disease outbreaks The Program intends to strengthen the public health systems of the GOK for disease outbreak preparedness and prevention. This includes strengthening diagnostics systems at the district level through empowered State PHLs with facilities for molecular diagnostics and rare zoonotic intra-parasite detection to support timely identification of diseases with potential for outbreaks; and strengthening Integrated Disease Surveillance Program (IDSP) with enhanced capacity and institutionalizing OH approach to identify and respond to zoonotic disease outbreaks in a timely manner. Objective 2.2: Strengthening the resilience of water resources systems Declining ground water levels and high variation of rainfall over the years exacerbated by climate change have increased vulnerability, with many dried wells getting inundated during 10 | P a g e the floods. There is need for integrated water resources management to unlock the development potential of water resources. There is a lack of detailed information on water resources conditions to properly manage water resources and plan measures to make more productive use of water in various water-dependent sectors and mitigate water-related risks. The DPO1 supported drafting a River Basin Conservation and Management Authority (RBCMA) Act, which is currently awaiting legislative approval. The Act will empower the RBCMA to conserve and regulate water resources within the State; facilitate its sustainable management, allocation and utilization; and fix rates for use of water for agriculture, industrial, drinking, inland transport, commercial and other purposes. The Program will enable the operationalization of RBCMA, which will play a critical role in building climate resilience through improved integrated water resources management. This includes tooling and upskilling the RBCMA to operationalize integrated reservoir operations, water monitoring, data collection and management, flood management (including flood forecasting), evaluation of environmental flows, and more efficient water allocation to agriculture, irrigation, domestic purposes, industrial, and other uses to improve productive and sustainable water use. Climate-proofed local level district management plans will ensure climate resilience is mainstreamed into water resources planning and management. Objective 2.3: Strengthening resilience of agricultural productivity through AEZ-based practices Agro-ecological approaches offer a paradigm shift to more sustainable and resilient food systems while restoring ecosystem services and biodiversity in the context of climate change. Through DPO 1, the State has been divided into five Agro-Ecological Zones (AEZs) of unique agroecological characteristics and suitability for specific crops and extension needs. A restructuring of the Department of Agriculture (DoA) was facilitated to ensure that planning, resource allocation, and deployment of human resources are aligned with agroecological classification of blocks and districts. During the preparation of DPO 2, reallocation of funds to agro-ecological units (AEUs), sub-administrative units under the AEZs, was also initiated. The Program will support the further implementation of the AEZ-based practices initiated under DPO 1, strengthening farmer access to finance, seeds, technology, the market and strengthening their bargaining power. The Program will also integrate the management information systems and strengthen agro-ecologically relevant farming systems across the State. Program support will be rolled out in 16 agro-ecological management units (AEMUs) covered by 264 Krishi Bhavans in the four Pamba River Basin districts. Objective 2.4: Strengthening the resilience of core road networks Post 2018 floods, PWD commissioned a study to prioritize 1,600 km of select flood and landslide impacted road network for rehabilitation using resilient standards and identified 800 km of road network requiring climate resilient reconstruction. Out of the central and southern cluster about 173 km were located in Pamba River Basin area which was impacted most. Other than the resilient infrastructure program, 7000 km of Core Road Network (CRN) was identified and updated through a scientific assessment by PWD Maintenance Wing and was notified in early 2020. Currently, a web and GIS based Road Maintenance Management System (RMMS) with a climate module is being established which is expected to be operational in 2021. Going forward, RMMS shall guide sector planning and budgeting of CRN. A new contracting model for long term maintenance of CRN to resilient standards has also 11 | P a g e been developed and sanctioned in 2020. The initial plan is to roll out these 7-year Output and Performance based Road Contracts (OPBRC) for around 380 km of CRN. The Program aimed to address the climate change risks, by building resilience to the CRN which included interventions on drainage systems, landslide risk mitigation to maintain enhanced resilient standards and strengthening institutional capacity and systems in finance, climate resilience, and performance-based management of contracts. The development of institutions and systems shall have a statewide coverage, and the districts along Pamba basin shall pilot integrated resilience building of the road assets. Program Disbursement Linked Indicators and Key Institution Results Area Program Fund DLI (RA) Recipient DLI 1: Fiscal sustainability of GOK to cope with disease outbreaks DoF and natural disasters is strengthened DLI 2: Disaster-related adaptive safety net system of GOK is RA 1: DoF strengthened Strengthening DLI 3: Disaster risk financing and insurance capacity of GoK and transversal DoR vulnerable households in the State are improved systems for DLI 4: ULBs developed and sanctioned risk-informed Urban Master resilience LSGD Plans and Priority Action Plans DLI 5: Local Governments have integrated disaster and climate risk LSGD in investment planning DLI 6: Capacity to track and respond to zoonotic disease outbreaks of human importance are conducted in a timely manner through DoHFW the enhanced One Health platform at the local level RA 2: DLI 7: Integrated River Basin Management Plan is developed and Embedding WRD implemented for Pamba Basin resilience in DLI 8: Farmer Producer Organizations (FPOs) have increased access key economic DoA to new and organized markets sectors DLI 9: Core Road Network (CRN) is rehabilitated and/or maintained meeting resilient standards in Pamba Basin with sustainable asset PWD management practices established Institutional Arrangement RKP will rely on the GoK systems for implementation. The key institution to coordinate implementation across departments will be the Resilient Kerala Initiative, the special vehicle that was established following 2018 floods to accelerate the long-pending policy and institutional reforms to address the risks of natural disaster and climate change and improve the State’s resilience to future shocks/ disasters. RKI is mandated to identify the state’s agenda for change by selecting key reforms and investments across sectors that can help the state move towards greater resilience, while partnering with various multilateral institutions, civil society entities and the community. RKI, through a consultative and participatory process, aims to create synergies across sectors, departments, and agencies for a comprehensive and resilient recovery and reconstruction of the state. 12 | P a g e RKI Institutional Framework - Roles and Responsibilities A High-Level Empowered Committee (HLEC) will act as the Steering Committee for the Program and report directly to the Council of Ministers, while an Advisory Council headed by the Chief Minister will have renowned experts and subject matter specialists to provide guidance and advice to the program. A Project Management team within Rebuild Kerala Initiative (RKI) - Project Management Support Services (PMSS) will be responsible for implementation, coordination, monitoring and evaluation. PMSS will provide technical and management support to the RKI and participating line departments and will include their directorates, executing agencies, training institutions, partner institutions. PMSS will support them in investment planning, technical studies, policy formulation, training and capacity building, monitoring and evaluation, communication, setting up grievance redress, etc. with respect to projects funded under RKDP, including World Bank supported PforR. 13 | P a g e Environment and Social Systems Assessment – Scope and Methodology Scope of the ESSA The proposed ‘Resilient Kerala Program’ will focus on improving the Government of Kerala’s resilience against the impacts of climate change, natural disasters and disease outbreaks and is to be implemented using the Program for Results (PforR) modality. Therefore, as the PforR requirements, a detailed Environmental and Social Systems Assessment (ESSA) has been undertaken to support the program design. This ESSA aims to identify the key environmental and social (E&S) risks that may impact the achievement of the Program Development Outcomes of the operation and attempts to assess the ability of borrower’s current systems and institutions to manage those risks, and recommends additional measures if needed to mitigate them. As shared in the introductory section of this assessment, this PforR is part of a series of engagements between Government of Kerala and the World Bank that started after the 2018 floods. This ESSA is informed by, and is in continuation with, the previous borrower level studies and vulnerability assessments that have been commissioned by the Bank to assess the system performance of different sectors in the state.3 Therefore, in line with the ESSA guidance on PforR, for aspects of borrower capacities and system performance that have already been assessed and well documented in the past, limited information has been presented as part of the current assessment. This ESSA analyzes the state systems and the prevailing systems in the sectors where investments are planned under this operation to understand the extent to which the existing institutions, systems and capacities are aligned with the 6 core principles and their Key Planning Elements: 1. Promote environmental and social sustainability in the Program design; avoid, minimize, or mitigate adverse impacts, and promote informed decision-making relating to the Program’s environmental and social impacts; 2. Avoid, minimize, or mitigate adverse impacts on natural habitats and physical cultural resources resulting from the Program; 3. Protect public and worker safety against the potential risks associated with: (i) construction and/or operations of facilities or other operational practices under the Program; (ii) exposure to toxic chemicals, hazardous wastes, and other dangerous materials under the Program; and, (iii) reconstruction or rehabilitation of infrastructure located in areas prone to natural hazards; 4. Manage land acquisition and loss of access to natural resources in a way that avoids or minimizes displacement, and assist the affected people in improving, or at the minimum restoring, their livelihoods and living standards; 3 World Bank commissioned a series of studies and assessments as part of previous DPO as well as for preparation of this operation: Rapid Poverty and Social Impact Analysis (PSIA), April 2019; Social Assessment of Impact of Land Records Modernization on Vulnerable Populations of Kerala: Social Benefits, Risks and Mitigation Measures, June 2020; Inclusion of Vulnerable Groups In Disaster Relief In Kerala, IWage, September 2020 14 | P a g e 5. Give due consideration to the cultural appropriateness of, and equitable access to, Program benefits, giving special attention to the rights and interests of the Indigenous Peoples and to the needs or concerns of vulnerable groups; 6. Avoid exacerbating social conflict, especially in fragile states, post-conflict areas, or areas subject to territorial disputes. This assessment looks at the relevant policy-legal environment pertaining to social and environmental systems, the program implementation agencies, and their capacities to manage identified environmental and social impacts and risks associated with the Program. It also tries to understand the state / sector systems, procedures and strategies to ensure inclusion of various vulnerable groups in their regular planning and implementation roles and ensure equitable access to benefits. It also assesses the borrower’s social management capacities – capability of various formal as well as support institutions like executing and training agencies, Civil Society Organisations (CSO) and Community Based Organisations (CBOs) to collectively assure accountability and transparency, community participation and ownership, equity in provisioning services and also their ability to offer a systematic redress to grievances of citizens and users. Methodology The ESSA was carried out by a team of environmental and social specialists from the World Bank. It primarily relied on a detailed review of secondary literature including applicable policies, Acts, Rules, Government Orders, Circulars, notifications and guidelines as well as evaluations (on institutional or scheme performance) websites, internal assessments, reports, studies. Apart from a desk review of available information, personal interviews and consultations were also held with the community and institutional stakeholders of the program. The desk review focuses on understanding the existing policy, operational procedures, institutional capacity and implementation effectiveness relevant to the activities under the Program. This also included a review of the borrowers systems for engaging with citizens, especially the most marginalized and excluded as well as their grievance redress. Some of the personal interviews were done telephonically by the E&S specialists themselves. Owing to COVIID 19 related mobility restrictions, majority of personal interviews and group consultations are being done by a team of experts and faculty members from Kerala Institute of Local Administration (KILA), an autonomous capacity building institution of the state that was commissioned by the Bank to facilitate virtual and physical consultations with state level stakeholders and those in 4 Pamba Basin districts (where most implementation/ investment are likely to occur). Guidance on organizing and conducting ESSA consultations (as per policy) as well as checklists for each sector consultation were prepared and shared with faculty from KILA. (See Annexure A) These consultations aimed to examine the roles, responsibilities and capacity of key institutional stakeholders – including nodal and statutory authorities, local bodies and community institutions. KILA conducted a total of 11 Sectoral Consultations with departmental/ agency representatives and their teams and another 32 Community Consultations at 16 different locations (3 ULBs and 13 Gram Panchayats) covering more than 328 community members cutting across social and economic groups. These also included 8 dedicated consultations with women only and 8 consultations with poor and socially vulnerable groups. (Report of these Stakeholder Consultations and List of Participants are available separately). 15 | P a g e Pamba Basin Districts Location of Community Consultations Alappuzha Mannar, Pandanad and Kainakari Panchayats Alappuzha Municipality Idukki Peermade, Peruvanthanam, Vandiperiyar and Kumily Panchayats Kottayam Kooruthodu, Mundakayam and Manimala Panchayats; Changanaserri Municipality Pathanamthitta Ranni, Perunad and Aranmula Panchayats; Thiruvalla Municipality The draft ESSA will be disclosed seeking feedback from interested citizens and stakeholders. A state level disclosure workshop will be organized where the assessment will be shared with the state level stakeholders to seek their comments and feedback before final appraisal. The final ESSA, after incorporating stakeholder comments, will be disclosed on the website of Rebuild Kerala Initiative, GoK as well as World Bank InfoShop. In terms of the structure, this ESSA attempts to do an initial risk screening of the proposed project activities to identify potential social impacts/ risks applicable to the Program interventions. Based on this it undertakes a detailed sector-wise assessment of risk and benefit of the program investments. It then reviews the applicable national and state policy and legal framework and its adequacy for the management of environmental and social impacts of the proposed interventions. Along with this it assesses the institutional capacity for environmental and social risk management within the borrower system, including their ability to specifically address/ handle risks flagged under the core principles of PforR and identify any key gaps in the Program’s performance that need to be bridged/ mitigated. Along with the gaps identified against the Core Principles, inputs received from the stakeholder consultation process are used to assess the robustness of the program systems and the gaps therein. The risks emerging from this institutional assessment and the stakeholder consultations are then used to identify gaps in the sectoral systems and institutions and measures needed to address them. It goes on to recommend overall social actions needed to manage the risks as well as critical actions (Program Action Plans- PAPs). Along with the PAPs the report provides a brief roadmap for addressing these identified social risks and gaps, the timeframe within which these proposed actions need to be completed as well as the parties/ institutions to be responsible for getting those actions in place to avoid adverse impacts and to strengthen Program performance. 16 | P a g e Social Risk screening of Proposed Investments Program level Social Risk screening of Proposed Investments/ Activities Sector DLI Indicator Proposed Investments/ Activities Social Risk Justification for rating (where Rating applicable) RA 1: Strengthening Transversal Systems for Resilience FISCAL Fiscal Debt management plan prepared and No risk or sustainability of adopted gaps GOK to cope with Priority actions in debt management plan No risks or disease implemented gaps outbreaks and natural disasters is strengthened SOCIAL Disaster-related Women’s Unified Database is developed and Low Poor, fisher-folk , women highly PROTECTION adaptive safety access to populated with beneficiary data using clear dependent on such safety nets net system of post-disaster data protection protocols. during distress. GOK is adaptive Bank accounts for relief payments are Moderate Risk of vulnerable HHs of other strengthened safety net registered under eligible female member of social databases getting dropped/ payment is beneficiary households excluded during the process of enhanced consolidation. Women owned bank accounts are receiving Moderate Risk of exclusion of fisher-folk, single relief payments through DBTs women, poor in absence of periodic validation/ updating of databases, increased GBV risks for women account-holders DRIF Disaster risk Disaster risk Guidelines on payment norms, modalities, Moderate Farmers will benefit from crop 17 | P a g e Sector DLI Indicator Proposed Investments/ Activities Social Risk Justification for rating (where Rating applicable) financing and financing and administrative rules, and monitoring insurance, esp. since the region is insurance insurance arrangements for the crop insurance are vulnerable to climatic variations & capacity of GoK capacity of developed and notified other events; exclusion of and vulnerable GoK and women/ST farmers, tenants and households in vulnerable sharecroppers. the State are households in Farmers are enrolled in crop insurance in all Moderate Same as above improved the State are Pamba Basin districts improved Institutional mechanism and implementing Low Requisite social capacities needed to arrangements for disaster risk financing is ensure inclusive approach adopted and notified URBAN ULBs developed ULBs Guidelines for risk-informed master planning Moderate Lack of recognition of peculiar and sanctioned developed prepared and notified vulnerabilities/ needs of women. risk-informed and migrants & poor may exclude them Urban Master sanctioned from master plans and its Plans and Priority risk-informed preparation process Action Plans Urban Master Four selected ULBs in Pamba Basin districts Low Enhancement on institutional/ Plans and have drafted the Urban Master Plans and technical capacities of ULBs to Priority Action Priority Action Plans manage preparation of risk Plans informed Master Plans; risk of exclusion of vulnerable from planning process, esp. the large and vulnerable migrant workforce in the state Nine ULBs are trained on Risk-Informed Low Same as above Urban Master Planning in Pamba Basin districts Select ULBs in Pamba Basin have sanctioned Low Same as above 18 | P a g e Sector DLI Indicator Proposed Investments/ Activities Social Risk Justification for rating (where Rating applicable) Final Urban Master Plans DRM Local Climate risk Climate models downscaled and information No social Governments Information provided to all LSGs by KSDMA risks have integrated integrated Select LSGs in Pamba Basin have integrated Moderate Exclusion of women & fishing disaster and into local DRM climate information into local DRM Plans communities from DRM planning climate risk in plans process as they are most vulnerable investment to climate change. ULBs better planning equipped with data and tools to plan for community resilience Select LSGs have completed emergency Low Same as above; increased tech. management exercises coordinated by capacity of ULBs to implement these KSDMA, as per their DRM Plans DRM plans Capacity of Select LSG resource persons and Low Improved and informed planning to GOK is functionaries are trained in climate- address needs of women, enhanced in informed DRM investment planning, DCAT, marginalized, capacitate LSGs disaster and and risk-informed urban master planning climate risk- informed urban and DRM planning RA 2: Embedding Resilience in Key Economic Sectors HEALTH Capacity to track Disease Select districts have prepared No risk and respond to surveillance, comprehensive plans to operationalize zoonotic disease referral care, integrated PH laboratories outbreaks of case mgmt Select districts have IPHL technicians who Moderate Expansion of laboratory network human improved have received competency-based training in may have land requirements or may 19 | P a g e Sector DLI Indicator Proposed Investments/ Activities Social Risk Justification for rating (where Rating applicable) importance are through RT-PCR, molecular diagnostic techniques lead to displacement of some non- conducted in a Integrated and culture and sensitivity and manage fully titleholders; improved coverage, timely manner Public Health operationalized IPHLs outreach in basin districts will through the Laboratories benefit local community and better enhanced One access for women, health and safety Health platform of technicians at the local level Beneficiaries are utilizing specialized tests Low Same as above offered by IPHLs Capacity to One Health coordination platform Moderate Switching to untested/ new systems track and operationalized with trained and certified may have reputational risks for the respond to staff in Pamba Basin districts Bank, cause hesitation among zoonotic communities, unless backed by disease strong IEC & orientation outbreaks of Select LSG and Kudumbashree members Moderate Risk of exclusion of marginalized human trained on Community-Based One Health from these new cadres of health importance in Surveillance in Pamba Basin districts volunteers; health and safety of a timely volunteers and female health manner workforce including exposure to through the pandemics One Health Select LSGs piloting Community-Based One Low Improved collaboration with local platform Health Surveillance in Pamba Basin districts governance institutions to lead to enhanced at better health outcomes, expanded the local level coverage in Pamba basin People benefiting from Community-based Low Same as above One Health Surveillance in Pamba Basin districts WRM Integrated River Integrated Integrated River Basin Management Plan Moderate Risk of exclusion of women, inland 20 | P a g e Sector DLI Indicator Proposed Investments/ Activities Social Risk Justification for rating (where Rating applicable) Basin River Basin developed for Pamba Basin fishing communities & vulnerable Management Management from the plan preparation process; Plan is developed Plan lack of equity in principles of water and developed allocation/ distribution / tariff- implemented for and pricing while deciding access to Pamba Basin implemented voiceless & marginalized for Pamba River Basin Conservation and Management Moderate Need for staff with capacities Basin Authority (RBCMA) made fully operational around social development/ with technical and operational staff inclusion to ensure optimized demand and equity based allocations Critical investments identified in the Low Should exclude investments carrying Integrated River Basin Management Plan for reputational risks or with land Pamba Basin are implemented requirements Flood forecasts for Pamba basin is Low Improved information sharing established in WRD; and protocols for between agencies with often sharing information with KSDMA are overlapping mandates developed WRM Systems are interfaced with KSDMA, Low Same as above, including synergies Departments of Agriculture, Irrigation, through better inter agency Public works systems and LSGs coordination Flood forecasting systems, integrated Low Improved decision making will lead reservoir operation systems, and integrated to better planning & preparedness, river basin planning systems are create greater resilience among operationalized in Pamba Basin communities 21 | P a g e Sector DLI Indicator Proposed Investments/ Activities Social Risk Justification for rating (where Rating applicable) AGRICULTURE Farmer Producer Farmers in 16 Integrated Agriculture Management Moderate Bigger menu of services to benefit, Organizations AEUs have Information System (IAMIS) is expanded to although risk of exclusion if (FPOs) have access to include all modules and functions information not in usable form for increased access technical and women, smallholders, tribals to new and financial AEU-wise PoPs and plans are prepared for Moderate Risk of exclusion if PoPs don’t organized support for 16 AEUs in Pamba Basin consider needs of women and markets AEU-wise marginal farmers and their designated economic access to such packages crops Strengthen agriculture support institutions/ Moderate Low current institutional capacities (Number) programs to facilitate AEU based agriculture and coordination to ensure promotion inclusion/ participation and outreach; overstretched extension staff Farmers across 16 AEUs have accessed Moderate Low off-take of services due to low technical and financial support as per AEU awareness, risk in shifting to new plans through IAMIS systems Support to FPO promotion and Moderate Lack of voice to women, S&M strengthening in project AEUs farmers in FPO leadership and management FPOs have increased access to new and Moderate Lack of participation of smallholders organized markets in selection of new markets/ commodities Support to SFAC for strengthening the FPO Low Network of institutions to work Ecosystem towards strengthening FPOs ROAD Core Road Core Road RMMS with Climate Module is launched in No risk Network (CRN) is Network partnership with KHRI Climate Cell and rehabilitated (CRN) is Forward Works Program (FWP) generated 22 | P a g e Sector DLI Indicator Proposed Investments/ Activities Social Risk Justification for rating (where Rating applicable) and/or meeting for 50 percent CRN and used in sector maintained resilient investment planning and budgeting meeting resilient service CRN is rehabilitated and/or maintained Substantial Presence of squatters or standards in standards in meeting resilient service standards in Pamba encroachers on PWD land, although Pamba Basin the Pamba Basin through climate informed investment assessments show availability of with sustainable Basin through works and long-term performance-based land for CRN, expansion and RoW; asset climate maintenance contracts lack of community involvement in management informed identification & prioritization of practices investment alignments; exclusion of tribal established works and habitations situated in remote/ hilly long-term areas during alignment selection, performance- keeping them vulnerable to disaster based events., labour influx, disruption for maintenance host communities contracts This initial risk screening reveals that proposed program activities will have an overall positive social impact, by making programs and their planning more comprehensive and inclusive and by making investments on enhancing capacities of participating sector institutions. There are a few risks related to exclusion of vulnerable from the planning and preparation of interventions proposed under the program unless conscious efforts are made by institutions to identify their vulnerabilities and engage them. However, the state systems, existing institutional capacities, the proposed investments for augmenting capacities under the current operation are likely to ensure that social risks remain low to modera te. The program (‘P’) also proposes shifts to new approaches and significant changes in the present functioning, especially in agriculture, water resources, road, social protection and health sectors. Since most of these directly impact the most vulnerable, there are reputational risks to the Bank in case the associated social risks are not managed well. There is also substantial risk of physical and economic displacement in the road sector during the process of road widening/ maintenance, the scale of which is unknown at this stage and also chances of minor displacement during the creation of public health laboratories for disease surveillance and testing. 23 | P a g e 24 | P a g e Legal and Policy Framework for the Program Name of law/policy Relevant Relevant provisions/ features of the Act/ Policy Relevance for Social Sector/s Management in Current Operation Governance Related 74th Constitutional Urban, Health, ULBs to prepare plans for economic development and social justice under Provides voice to the amendments WRM, Social Article 243 G and 243 W of Constitution. In Kerala, municipalities are community and agency Protection devolved 18 out of 19 functions related to municipalities listed in 12th through the Ward Sabha Schedule. (Ward level Assembly) The schedule delegates these functions- urban planning including town and the municipalities to planning; regulation of land-use & construction; planning for economic & provide feedback on social development; roads & bridges; water supply for different purposes; local needs and public health, sanitation; fire services; urban forestry, environment; priorities for integrating safeguarding interest of weaker sections; slum improvement and into local plans and upgradation; urban poverty alleviation; amenities like parks, gardens, programmes/ schemes. playgrounds; promotion of culture, education & aesthetics; burials /burial grounds; cremations/ cremation grounds; cattle pounds; prevention of cruelty to animals; registration of births /deaths; public amenities- street lighting, parking, bus stops, public conveniences; and regulation of slaughter houses & tanneries. 73rd Constitutional Health, The Panchayati Raj Act was aimed at institutionalizing a 3 tier system of local Provides voice to the amendments Agriculture, governance at District, Block and village level for economic development & community and agency Water Resource, social justice. The Act lists 28 functions to be delegated to panchayats along through the Gram Sabha Social with their functionaries and related funds/ resources. Kerala is the state with (Village Assembly) and Protection the highest number (21) of functions devolved to RLBs (out of 28 functions). the Gram Panchayat to These functions include internal roads, public health, water resource, integrated local needs agriculture and allied areas, poverty alleviation are within its mandate. The and priorities into Act reserves seats for women, scheduled castes, tribes. All crucial decisions planning and related to village development are to be ratified by Gram Sabha –village implementation of govt assembly of adult voting members. programmes and 25 | P a g e Name of law/policy Relevant Relevant provisions/ features of the Act/ Policy Relevance for Social Sector/s Management in Current Operation schemes Kerala Municipality Urban In line with the 74th amendment, the Act provides for convening of Ward Functions related to Act 1994- Sabhas, constituting Ward (Standing) Committees in municipalities4. These town planning and local institutions create opportunities for Municipality to involve citizens, related functionaries are inform them, disclose information on budgets, expenses and development under the municipalities works, citizens in turn get opportunity to participate, share their concerns, demand accountability, and provide feedback Kerala Municipality Urban, Social The Kerala Municipality (Amendment) Act 2012, provides for periodic revision For improved resources (Amendment) Act Protection, DRM of property tax for their improved tax collection of municipalities and spending on social 2012 welfare/ protection/ disaster preparedness Land related 4Ward Committees may consist of two or more wards (population of 3 lakhs) and the Chairman of the Committee will be one of the councillors of the Wards covered under the Ward Committee. In any case, every Municipality has Ward Sabhas headed by the elected Ward Councillor for every ward if the population of the Municipality exceeds one lakh. The Act provides that a Ward Sabha/ Committee shall consist of representatives from resident associations, neighbourhood group, from various political parties, professionals, members of various cultural organizations and educational institutions. 26 | P a g e Name of law/policy Relevant Relevant provisions/ features of the Act/ Policy Relevance for Social Sector/s Management in Current Operation Right to Fair Roads, Health Objective of 2013 Act is to ensure fair compensation, through resettlement Makes prior consent of Compensation and and rehabilitation of those affected, puts adequate safeguards for their well- landowners Transparency in Land being, transparency in the process of land acquisition, including benefits for requirement for LA, Acquisition, indirectly impacted -landless, enterprise owners/ vendors. Provides crucial secures the interests of Rehabilitation and role to Gram Sabha in approving SIA and acquiring land for public purposes. vulnerable groups Resettlement Act Social Impact Assessment (SIA) needs to determine area of impact, details of including indigenous (RFCTLARRA), 2013. land to be acquired, alternate project sites, present land use classification, communities. nature of holdings/ownership, number of families/ people to be affected. Calls for SIA in affected areas through a consultative process with LSGs. Plan has to be discussed with affected community & consent sought in Gram Sabha. Where LA involves involuntary displacement of SC/ST families, a development plan has to be prepared in consultation with LSG Kerala Right to Fair Roads, Health Emphasizes social impact assessment (SIA) and resettlement planning even Has adequate focus on Compensation and prior to issuance of preliminary notification and makes arrangement for R&R landless, women, Transparency in Land benefits along with compensation package. encroachers & squatters Acquisition, Provides for LSGs to nominate a representative to work closely with and from vulnerable groups Rehabilitation and monitor SIA agency; requires prior consent from PAFs, public notice to in offering resettlement Resettlement Rules disclose SIA, encourage those excluded or with wrong details to submit & rehabilitation; 2015 rightful claims for time bound modification, SIA Management Plan to be undertaking SIA focused developed within 6 months. on transparency & Offers compensation up to 4 times the market value in rural and 2 times in disclosure. urban areas, no displacement until full payment of compensation and RR Considers single women, benefits, valuation of structures without depreciation. dependent siblings, Directs state to impose limits on area under agricultural cultivation that can widows, divorcees as be acquired. separate family for the Provides for transparency, minimal adverse impact so that socio-economic purpose of status of PAPs doesn’t fall below what it was before acquisition. In case of compensation. 27 | P a g e Name of law/policy Relevant Relevant provisions/ features of the Act/ Policy Relevance for Social Sector/s Management in Current Operation acquisition for urbanization 20% developed land is reserved for owners at a Homeless are entitled to price equal to rate of compensation constructed house, land for land in irrigation projects in lieu of compensation. State Resettlement Roads, The Government of Kerala recognizes the need to provide additional Creates provision of and Rehabilitation Agriculture, assistance to what is provided in the 2nd schedule of RFCTLAR&R Act 2013. It negotiated settlement Policy, 2017. WRM states that the R&R policy is applicable all land acquisition in the State and by to ensure PAPs are able Direct/Negotiated purchase to negotiate better rates It expedites /simplifies procedures of LA for public purpose by providing for than what’s available direct purchase or negotiation to ensure just and reasonable compensation under LARR 2013 and for land acquired, relieving owners from burden of litigation for enhanced also space to negotiate compensation, offers space for negotiating additional package, including additional assistance/ employment/ stake holding, infrastructural amenities as provided in 3rd amenities schedule Scheduled Tribes and Roads, Recognizes and records customary rights of forest dwellers who have been Secures indigenous other Traditional Agriculture, communities residing and depending on forest for generations for their bonafide livelihood residing Forest Dwellers WRM needs; inside forest from land (Recognition of Forest Provides for diversion of forest for meeting development/ infrastructure alienation, recognises Rights (ROFR) Act, needs of community by felling trees and permitting land use change/ customary rights over 2006, (including diversion, providing usufruct rights to forest produce land, forest resources & Amendment 2012) their development needs Scheduled Castes and Roads, Protects Scheduled Castes/ Tribes from wrongful occupation/cultivation of Secures property rights the Scheduled Tribes Agriculture, land owned by them or notified to be allotted to, a member of a Scheduled of vulnerable (Prevention of WRM Caste or Tribe member or transfer of land allotted to them; communities (SC/ST) Atrocities) Act, 1989 Prevents against wrongful dispossession of a member of Scheduled Caste or and provides legal 28 | P a g e Name of law/policy Relevant Relevant provisions/ features of the Act/ Policy Relevance for Social Sector/s Management in Current Operation Tribe from his land or premises or interference with enjoyment of rights over protection against state land or water, any forceful removal/causing alienation and for them to leave or private action to house, village or place of residence. alienate them from land owned/ accessed by them. Kerala Land Reforms Roads, Under the KLR Act, 1962, Scheduled Caste (SC) and Scheduled Tribe (ST) Provided for distribution (KLR) Act, 1962, Agriculture, families are eligible for 50% of lands identified as surplus by the State. of surplus land to Restriction on WRM RTLRAL Act, 1982 restricts land transfer by Scheduled Tribe members to non- landless from vulnerable Transfer of Lands and tribal persons, and restore lands alienated to non-tribals. The Act provides for communities and Restoration of restricting transfer of lands by members of Scheduled Tribes and for correcting any historical Alienated Lands restoration of possessions of lands alienated by such members and for injustice in the form of (RTLRAL) Act, 1975, matters connected therewith. alienation of their land. and Prevention of Atrocities Act, 1989 Kerala Land Roads, Puts an end to the feudal system and ensures rights of tenants on their land. Recognises the right of Reforms (Amendment Agriculture, Cash crops/ plantations were exempted from its purview, although taken up the tiller of the land/ ) Act, 1969 and Kerala WRM by subsequent legislations. tenant, secures their Land Reforms Restoration of land to dispossessed persons or tenant from whom resumed, tenancy and prevent (Tenancy) Act 1970 allows for determination of fair rent in respect of land, if no such fair rent has sudden eviction of been already determined through a Land Tribunal/ Land Board tenants that have been tilling lands for certain number of years. Kerala Compensation Roads, Tenant entitled to compensation for every spend on land and asset Acknowledges the rights For Tenants Agriculture, improvements and is entitled to compensation for improvements which were of socially vulnerable, Improvements Act, WRM made by him, his predecessor-in-interest or by any person not in occupation economically weak 1958 at the time of the eviction who derived title from either of them at the time tenants and investments of returning the land to its owners. made by them over the 29 | P a g e Name of law/policy Relevant Relevant provisions/ features of the Act/ Policy Relevance for Social Sector/s Management in Current Operation Every tenant to whom such compensation is due shall be entitled to remain period of their tenancy in possession until payment of compensation. Such improvements will towards improvement include building structures, works, trees, standing crops/ plantations also of those lands and the need to be compensated by the evictee or the landowner. need for them to be compensated at the time of ownership transfer. Malabar Tenancy The Act prohibits eviction of tenants, who have had possession of the land for This, along with other Amendment Act, 1954 more than 6 years. Every tenant of a plantation shall have fixity of tenure in legal instruments on (Applicable over respect of his holding and shall not be evicted. tenancy, provide Kerala) If in any one of the six agricultural years following such eviction, the landlord, security to tenants/ who has obtained such eviction fails, without reasonable excuse to use a tillers against forced major portion of the lands, for the purpose for which eviction was obtained, eviction from the or transfers it to any person on any kind of lease or mortgage with tenement (especially in possession, the tenant shall be entitled to sue for restoration of the case of long duration possession of all the lands from which s/he was evicted and to hold them plantations) and with all the rights and subject to all the liabilities of a tenant. recognises the association of tiller with their land. Gender and Inclusion Related The sexual Cross- cutting, Protects women workers from sexual harassment and abuse of power at Recognises the need for harassment of women corporate their workplace and provides for constituting Internal Complaints Committee legal protection of at workplace requirement to look into complaints of sexual harassment in every public and private women workers against (Prevention, office with 10 or more workers, including women workers. abuse, exploitation in all Prohibition, and Provides guidance on redressal against such complaints, including its internal government institutions Redressal) Act 2013 investigation in a time bound manner and encourages women’s economic as well as private firms/ participation in the formal economy. agencies contracted by 30 | P a g e Name of law/policy Relevant Relevant provisions/ features of the Act/ Policy Relevance for Social Sector/s Management in Current Operation the program. Kerala Policy on Cross- cutting, To strengthen gender equality and women’s empowerment in the State, it Creates systems for Women upgraded to corporate recognizes the gender biases in society which have skewed the distribution of engendering Gender Equality and requirement development benefits, gender indicators and recognises the need to work development impacts Women’s with men on behaviour change to improve gender outcomes. and mainstreaming Empowerment(GEWE) The policy establishes an accountability framework to monitor gender- gender in the 5 Policy 2014 informed development projects in the State. It advocates for preparation of functioning of public Gender Action Plans (GAP) by each deptt to ensure that gender outputs and systems across indicators are identified, integrated in organisational outcomes, results departments. tracked, monitored and periodically reported by each state agency. Kerala State Policy for Cross- cutting, One of the few states of the country that recognises the necessity and Relevant to operation to People with corporate inevitability of including disability dimensions in its development agenda, safeguard the Disabilities- PwDs, requirement programmes and development plans of the State. Provides for separate vulnerable against 2015 budgetary allocation for managing disability. exploitation and discrimination and ensure their inclusion in schemes and programmes. National Legal Cross- cutting, Free Legal Aid to vulnerable sections of the society for creating legal Provides a system of Services Authority corporate awareness by spreading legal literacy and organizing legal aid clinics in legal redress on basic Act, 1987 requirement Panchayats to provide free legal services, training community level para-legal rights over and above workers to help vulnerable groups in accessing legal aid, knowing their rights the grievance systems in and entitlements and negotiating. Better with the power structures. place at the state, department and LSG levels. Kerala Vayojana Cross- cutting, This state policy provides for a State Old Age Council under Chairmanship of Provides social 5 https://kerala.gov.in/documents/10180/46696/Gender%20Equality%20and%20Womens%20Employment%20Policy 31 | P a g e Name of law/policy Relevant Relevant provisions/ features of the Act/ Policy Relevance for Social Sector/s Management in Current Operation Nayam or the Old corporate Minister of Social Justice and District Old Age Councils under District protection and safety aged Policy, 2013 requirement Collectors. It calls for making scheme/project specific Action Plans for welfare against discrimination to of senior citizens, ensures protection & welfare of citizens above age of 60, this vulnerable especially elderly women by providing better social, economic conditions and constituency in the healthy life to Senior Citizens. state. The policy directs all departments to ensure better social conditions, legal aid, protection from abuse, help desk for elderly under Kerala Social Security Mission. It also promises better healthcare, free medicines / consultations, mobile clinics, geriatric wards and palliative care in hospitals as high priority. Street Vendors Urban, DRM. Protects rights of urban street vendors & regulates street vending. It provides Gives legal protection (Protection of Social for survey & certification of street vendors to legalise their right and protect and safety against Livelihood and Protection them from sudden eviction or relocation; provides for rights and obligations economic displacement Regulation of Street of street vendors, designation of vending spots as per street vending plans; and un-notified Vending) Act, 2014 organize their capacity building to raise awareness. relocation to street It sets up a Town Vending Committee-TVC to declare no-vending zones for vendors public purposes, relocate vendors from such areas after giving notice, entitle them to new area for carrying out vending as determined by local authority and TVC. Labour Laws Building and Other Corporate To regulate employment, working conditions of construction workers and provide Measures in place for Construction Workers’ requirement, for their safety, health and welfare, constitute Welfare Boards in every State welfare of laborers, Welfare Cess Act, 1996 relevant for to provide and monitor social security schemes and welfare measures relevant for sectors that sectors with targeting them. involve investments and investments- It is applicable to all establishments with 10 or more workers, have to register engagement of roads, health, themselves and pay a cess on cost of construction for use by the state for construction workers. agri and WRM labour welfare. It also warrants employers to provide safety measures at construction sites like canteens, first-aid, and accommodation for non-local 32 | P a g e Name of law/policy Relevant Relevant provisions/ features of the Act/ Policy Relevance for Social Sector/s Management in Current Operation workers. Child Labor Corporate To protect the interest of children below 14 years so they are not employed Measures to prevent (Prohibition and requirement in certain occupations, regulate their working conditions in certain child and bonded or Regulation) Act, 1986 employments. forced labour and provide legal safeguard Contract labor Corporate To regulate the employment of contract labor in certain establishments and against their (Regulation & requirement to provide for its abolition in certain circumstances deployment, relevant Abolition) Act, 1970, for investment sectors Bonded Labor System engaging laborers/ (Abolition) Act, 1976 workers. Equal Remuneration Corporate Provide equal remuneration to men & women workers, prevent It prevents gender Act, 1976, requirement discrimination against women in matters of employment, employers to based discrimination in Workmen’s compensate workman’s spouse / dependent sons, daughter in case of injury employment and Compensation Act, at workplace and mandatory worker insurance by employers against such provides for labour 1923 and 2009, liability insurance/social Personal Injuries assistance against any (Compensation eventuality/ accident. Insurance) Act, 1963, The Minimum Wages Act, 1948, Workmen’s Compensation Act, 1923, Maternity Benefit Act, 1961 Kerala Plantations Corporate An Act to provide for health & welfare of plantation workers, to regulate their Prevents discrimination Labour Act, 1951 requirement working conditions; provide access to education, housing, regulation of and ensures improved working hours, prohibition of child labour and employment of women in working conditions for night shifts. different category of 33 | P a g e Name of law/policy Relevant Relevant provisions/ features of the Act/ Policy Relevance for Social Sector/s Management in Current Operation agri workers. Kerala Labor Welfare Corporate Provide for constitution of a labour welfare fund to finance welfare activities Ensure social assistance Fund Act, 1975/ Kerala requirement for laborers in the state including implementing specific schemes targeting and safety net to the Payment of them including provision of subsistence allowance to the employees in workers in the state. Subsistence Allowance certain establishments during the period of their suspension or suspension of Act, 1972 operations Inter-State Migrant Corporate To regulate the work conditions of migrant workers from other states and is To prevent unfair wages Workmen requirement applicable to establishments employing 5 or more migrant workers; provides and exploitation at the (Regulation for certain facilities like housing, medical aid, travelling expenses from home hands of middlemen, Of Employment And up to the establishment and back. especially in sectors Conditions Of Service) employing outsiders. Act, 1979 Also relevant since state has highest proportion of migrant laborers Grievance Redress/ Citizens Engagement Right to Information Cross- cutting, Empowers citizens to demand information on functioning of public systems if Ensures transparency Act, 2005 corporate it impacts their lives or is of public interest. Offers rights-based framework and accountability in the requirement under which citizens get a legal tool with which to demand accountability and govt operations and explanation from all/any public authorities; designates a Public Information citizen’s access to public Officer in all public offices to provide info; creates State /Central Information information. Commissions (statutory) to look into appeals regarding unsatisfactory information provided to citizens or unclear interest in demanding information. Kerala State Right to corporate To provide effective, time-bound delivery of services to the public, redress of Government systems Service Act, 2012 requirement, grievances to citizens by making government servants liable in case of are made accountable, Cross- cutting, default. State has notified more than 90 public services covering deptt’s of aimed at providing SC, ST development/ finance, agriculture, PWD, Road transport, LSGD, Co- agreed quality of service 34 | P a g e Name of law/policy Relevant Relevant provisions/ features of the Act/ Policy Relevance for Social Sector/s Management in Current Operation ops, health and family welfare, social justice etc- services like scholarships, as defined by the act. incentive grant, loans, distress funds, caste certificates, approval of building Aimed at increased plans, valuation of structures, water sewerage connection, water quality accountability and testing; registration of societies. Also provides for a 2 -tiered appellate transparency in govt system to file appeals in case grievances are unattended. functioning across most departments, offering good governance. Kerala Municipality Cross- cutting, All municipalities and panchayats are to publish their Citizens Charter every Promotes transparency (Preparation of corporate year describing services to be rendered to its residents, conditions of such in the delivery of core Citizen Charter) Rules requirement service and their stipulated timeframe. Some of these include birth/ death/ functions of urban and 2000 marriage/ property registration, enrolment in social security schemes, public rural local governments works. Roads Related Kerala Highway Roads, PWD Act for protection, regulation of highways development and also to prevent Provides for road and Protection Act, 1999 encroachment or its use for purposes adversely affecting traffic safety. traffic safety of citizens Creates regional highway authorities to prepare DPR for new highways, and creates a due realignment or improvement including survey, land acquisition, diversion or process by which to closure of existing highways; remove encroachments or cause them to be procure land for repair removed. and construction of new Where land is required for a new highway or other purposes, authority may highways acquire such land, by free surrender/ purchase by negotiation with owners as prescribed by LA Act, 1894 Kerala Road Safety Constitutes a Road Safety Authority for implementing road safety Works for enhancing Authority Act, 2007 programmes and creates a Road Safety Fund. It advises GoK on road safety safety of commuters policies/ standards and their enforcement procedures; formulates and and citizens by implement schemes and programmes on road safety; co-ordinates the conducting periodic functions of related agencies/ departments; creates District Councils to assessments and filling 35 | P a g e Name of law/policy Relevant Relevant provisions/ features of the Act/ Policy Relevance for Social Sector/s Management in Current Operation exercise powers & functions that Authority may delegate safety gaps; creates IEC/ It also administers the fund using it to implement road safety programmes, awareness on road purchase and installation of safety equipments and devices; conduct safety safety. audits and studies. Kerala Road & Bridge Call for quick turn-around in maintenance and road safety measures to Provides for time-bound Maintenance Policy reduce accidents and fatalities conduct of road safety and road quality audits, repair to reduce puts in place a call centre to provide grievance redressal and better services inconvenience; helplines to road users. to address grievances Kerala Road Provides for stakeholder participation and transparency to ensure that Aims at participation Development Policy program has due support and ownership. Aims to create variety of forums to and information sharing 2009-21 enable participation; LSGs, transport operators, road user groups, in key decisions around departments, interested parties to be consulted during planning and road projects and while implementation- including for setting tariffs, developing investment criteria, planning alignments. bidding procedures, development plans; Physical -fiscal progress of works & rules, procedures should be made available to public. Agriculture related National Agricultural Aims at growth of Indian agriculture, strengthen rural infrastructure, Looks at interest of S&M Policy, 2000 incentivise agriculture, create employment, improve living standard of farmers and landless farmers, agricultural workers, discourage urban migration, prepare farmers laborers, inclusive and for opening up of farm sector, ensuring food and nutritional security; input timely access to farm management reform, institutional restructuring inputs and machinery National Policy for Looks at improved farm viability to increase incomes; better, affordable Broadens the definition farmers, 2007 access to services & inputs like- seed, irrigation, power, machinery/ of farmers to extend implement, fertilizers, weather advisories, agricultural practices and credit. benefit and aims at For first time includes tribals /persons engaged in shifting cultivation or access to wide ranging collection, sale of minor forest produce in the category of farmers. farm related services for farmers. 36 | P a g e Name of law/policy Relevant Relevant provisions/ features of the Act/ Policy Relevance for Social Sector/s Management in Current Operation Kerala Agricultural Agriculture, A comprehensive state policy covering all aspects of agri. Sector- Secures the needs of Development Policy, WRM development of land, water and soil resource, farm & farmer distress, farmer small and marginal 2015 welfare, need for re-aligning agri institutions and human resource, FPO farmers, ensures promotion, access to services, inputs, insurance, credit. inclusion and equity in Calls for aquifer management, water conservation; capacity development of the governance of FPOs KVKs/ Krishi Bhawan/ extn staff; offering small farmers a say in policy and capacity matters, provision of farmer pension / welfare fund; promoting ICT for better enhancement of related farmer database and info services around markets, prices, forecasts; need- institutions/ individuals based ICT training to youth, women, marginal farmer groups; FPOs to deliver on the administration by farmers based on internal democracy, equality, equity and promises made by the solidarity; encourage custom hiring, increased flow of incentives, credit and state policy. financing to farmers including small & marginal, improving farm income. Urban related Urban Policy And Urban , Fiscal, Recognises that poor urban development is mainly due to lack of proper Offers solutions for Action Plan For Road vision & master planning and need for integrated planning; proposes Urban meeting land Kerala, 20026 Regulatory Authority to encourage private sector participation in municipal requirement in urban services, benchmark service quality, seek affordable services, receive areas, especially since grievances & suggestions on urban services. the state has highest Accepts that land needs to be used for greater good, like public facilities, population density, hence need for land consolidation through land reconstitution/land banks/ offers oversight to land lease; gives govt power to reserve land for future road widening without ensure municipal denying landowners existing right to enjoy use till land is taken over; offers services are inclusive ‘quid pro quo’ to land owner as concessions for development and building in and affordable. lieu of surrendered land. Regular in-service training to municipal, TCP personnel on planning, urban 6 https://townplanning.kerala.gov.in/2018/12/06/urban-policy/ 37 | P a g e Name of law/policy Relevant Relevant provisions/ features of the Act/ Policy Relevance for Social Sector/s Management in Current Operation administration, municipal finance. Kerala Town And It provides for the promotion of planned development and regulation of Calls for Master Plan to Country Planning Act, growth of urban/ rural areas in the State with focus on sound spatial be prepared through a 2016 planning, to secure to their present and future inhabitants, necessary participatory process. amenity and convenience. It calls DPC to prepare a District Plan in The Plan should indicate consultation with LSGs in the district and govt. departments and the LSGs to how development of the prepare Master Plan for spatial development of the LSG indicating how use of Area or part thereof land and development shall be carried out; shall be carried out and It mandates Municipal Corporation, Municipal Council, Town Panchayat or how use of land shall be Village Panchayat, to prepare a master plan for area based development of regulated. the LSG, execution plans detailing implementation mechanism and schedule, It needs to detail how projects to be executed, land pooling, use of provisions for town planning community involvement and regulate and control land use and developmental activities in the in the preparation, Planning Area. It does not allow use of land or development on any land, land implementation and use change against the Master Plans monitoring of Master Plan shall be ensured Water Resource related National Water Policy Policy notes that water availability varies between regions, communities and Recognises that 2012 is a potential cause of social unrest; accepts that agencies rendering water- communities, WUAs, related services don’t involve local stakeholders in decision making resulting local institutions are in poor, iniquitous and unreliable distribution; calls for transparent and best placed for water informed decision making based on principles of equity & social justice, resource planning and involving communities. ensuring its equitable It calls for devolution of water related functions to LSGs, underscores distribution/ allocation equitable & sustainable management of water resources, work for using transparent prevention of groundwater over-exploitation, source sustenance and quality principles. 38 | P a g e Name of law/policy Relevant Relevant provisions/ features of the Act/ Policy Relevance for Social Sector/s Management in Current Operation improvement. Suggests strengthening Water User Associations, awareness generation for efficient, responsive planning considering social dimensions and an end to policy distinction between the water needs in rural and urban areas. Kerala Water Policy Drafted to ensure that right of equitable access to water of every citizen is Recognises the role of 2008 protected and enforced through appropriate legislative, policy initiatives; women in conservation aims to create enabling environment for equitable, sustainable and of resources and productive management of water resources. It recognises that present LSG ensures active capacity for integrated planning and implementation is limited and aims to involvement of women address unclear water entitlements to create productive efficiency and in management and transparency through participatory conservation and management, proposes protection and aims to basin level authority to manage resources. mainstream gender concerns. Kerala Ground Water WRM, Agri Creates a State Ground Water Authority to regulate and control development Creates an authority (Control and of ground water in public interest7 with representation from LSGs, vulnerable with inclusive Regulation) Act, 2002 communities, citizens and women and notifies areas for control and membership to regulate regulation of ground water by granting permits for extraction and use. and manage groundwater. Kerala State Irrigation It consolidates laws relating to irrigation management, water distribution, Promotes community Act 2003 (as amended levy of betterment and water cess on lands benefited; provides for entrusting participation in in 2006) construction & maintenance of irrigation systems to local authorities, farmers management of co-operatives, with govt entitled to levy annual irrigation cess on such lands. irrigation and regulation Authorises govt to promote Water Users' Association (WUA) to prepare and of distribution by the implement water schedules, regulate use, estimate demand, collect irrigation user groups, provision of cess/ betterment levy and resolve disputes; WUA to conduct social audit at social audit to ensure the end of each crop season, to assess equity in distribution, increase in accountability in its 7 https://www.elaw.org/content/india-kerala-ground-water-control-and-regulation-act-2002 39 | P a g e Name of law/policy Relevant Relevant provisions/ features of the Act/ Policy Relevance for Social Sector/s Management in Current Operation production & productivity; water use efficiency, increase in cultivated areas, functioning. expenditures. Findings are to be disclosed to all members listing benefits accrued and funds spent. Kerala River Basin WRM Accepts that there is an urgent need to conserve and regulate water Provides for ‘Basin Conservation and resources as there is no regulatory mechanism or law to ensure judicious, Management Management equitable and sustainable management, allocation and utilization of water Committees’ with Authority Bill, 2020. resources. This regulatory authority provides for determining distribution of representation of water resources, implement water tariffs and criteria to levy water charges elected representatives, after consulting users, prepare and monitor integrated river basin master LSGs, deptts, NGO/CBO plans for each river system, develop, maintain a comprehensive hydro- in respective river meteorological information data base; fix the quota of water basins; authority to fix allocation/distribution following principles of equitable distribution-every quota of water landholder in the command area shall be given quota based on the extent allocation at project, and nature of land in the command area. sub-basin, basin level on principles of equitable distribution in command area; ensure that principle of “tail to head" irrigation is implemented with lands at tail-end (usually marginalized lands and landowners) given water first. DRM related Kerala State Disaster Institutes structures and systems to minimise disaster related human, This community based Management Policy property and livelihood losses for poor, vulnerable by strengthening disaster management- 40 | P a g e Name of law/policy Relevant Relevant provisions/ features of the Act/ Policy Relevance for Social Sector/s Management in Current Operation 2010 capacities and resilience of vulnerable community, especially women; policy leverages existing capacitates administrative and community level systems for pre and post social capital for disaster interventions through awareness generation and capacity building; management of disaster Designates Kerala Disaster Management Authority- KSDMA to function as response and makes apex decision-making body to facilitate, co-ordinate, monitor all disaster PRIs the frontline related activities, & District Disaster Management Authority as district agency for disaster planning, coordinating, implementing bodies for disaster management. management planning Emphasis on imparting training to various departments, implementation and execution. agencies, NGOs & community on DRM; local authorities to coordinate community based disaster preparedness activities tailored to local needs Disaster Management Notified State and District Disaster Management Authorities laying down Creates a role for Act, 2005 functions and responsibilities for state and district authorities. State communities to be Executive Committee of State Disaster Management Authority constituted involved in prevention These authorities are to evaluate preparedness at government & non- and preparedness and government levels to respond to any disaster; promote community recognises the need for education, awareness and training on disasters which the State is vulnerable their capacity building. to and measures needed to prevent, mitigate and respond to it. Health Sector State Health Policy It emphases strengthening primary health care of the Gives importance to role 2019 State, so that it plays a pivotal role in detection of diseases and in of local governments in strengthening disease surveillance at the grass root level to prevent spread of disease surveillance and epidemics. The policy envisages creating a public funded, free, universal offering free/ affordable health care system, bringing infant, child and maternal mortality to levels in health services focused developed countries and to increase healthy life expectancy. on the poor and vulnerable. 41 | P a g e Summary of Relevant National, State Laws and Policies Common, Cross Cutting Policies and Legal Instruments  Governance related- Among all states, 3 decades ago Kerala undertook one of the most wide reaching changes in the functioning of its LSGs in line with the spirit of the 73rd (rural bodies) and 74th (urban bodies) amendment of the Indian constitution, bringing most subjects under the local bodies (21 /28 rural, 18/ 19 urban functions) along with their functionaries and funds (with local government getting funds allocated as separate Panchayat sector schemes and clear annual resource envelope to plan within). The state also ensures a planning process which is people-led, bottom- up and premised on consolidated local needs and priorities to prepare higher level (district or state level) plans, as against department driven plans.  Land Management related- India has one of the most progressive LA laws and its provisions are well aligned with ESS5 and allows for a fairly transparent and accountable process in the identification of PAPs/ PAFs and in compensating them for any temporary or permanent loss of land, assets or livelihoods. Similarly, the State’s Resettlement Policy’s alignment with World Bank’s policy on resettlement and rehabilitation shows that the state has a strong alignment with the latter. In the 1950-60s the state undertook a series of land reforms to redistribute land, gave surplus lands to landless and vulnerable, (especially the scheduled castes who were largely landless and backward classes), secured the rights of tenants and sharecroppers.8 There is adequate focus on vulnerable populations, landless from vulnerable categories in offering resettlement and rehabilitation efforts, undertaking social impact assessment, focus on transparency and information disclosure.9  Gender and Inclusion related- The state has a host of policies for securing the interested of women and those socially vulnerable and has been the first state in the country to have a policy for the old- aged and trans-genders. The national and state policies on gender create legal protection for them against gender based violence and exploitation apart from proactively creating public systems for gender based budgeting, preparing and tracking gender based outcomes of all public agencies. On the same lines state policies call for preparing dedicated action plans targeting the old-aged and also schemes for providing improved access to healthcare, old age pensions and palliative care.  Labour Welfare related- The national and state laws provide legal protection and welfare measures for construction, plantation and migrant workers, against child and forced/bonded labour, gender based discrimination in work conditions or compensations. They ensure fair working conditions and wages for laborers in farm and non- farm labour activities, set up social safety and create welfare funds to insure workers against any eventualities and also to provide for their subsistence during periods of temporary unemployment.  Grievance redress and Citizens Engagement related- These policies provide a rights’ based framework within which citizens and aggrieved parties are empowered to 8 However, due to land reforms tenancy in the state is either undisclosed or disguised. 9 GoK is also in the process of exploring modernization of its land records. This is likely to strengthen the legal security of tenure, help in validating land ownership claims of women and especially of tribal landowners, who have enjoyed customary land rights and have no documentary evidences to support ownership claims. It will also help get gender disaggregated land on property/ land ownership to incentivize female property ownership. 42 | P a g e demand transparency and accountability in the functioning of public systems and in the time-bound delivery of public services, benefits and entitlements. It also encourages local governments to come up with Citizen’s Charter’s to promise basic services and benchmark quality of those services. Sector specific Policies and Legal Instruments  Road Sector- These policies give priority to works on road and highway repair that secure the safety and wellbeing of the citizens and commuters for which they create systems for periodic road safety audit and time-bound plans to fill safety related gaps and conduct repairs. They also recognize the need to create community awareness on road safety, consulting stakeholders during planning of projects/ alignments and setting road tariffs. They, however, don’t talk about involving communities or local governments in prioritizing roads to be taken up for construction in a region.  Agriculture Sector- The national and state policies pay attention to the needs and interests of small, marginal and tribal farmers and also in some cases agricultural laborers and tenants. Agriculture along with land related policies secure the tenancy rights of tillers and land leasers and secure them from sudden eviction without following the due process of law. The policies are positively inclined towards the tenants in compassionately looking at their investments in land and asset improvements, physical and financial investments in multi-year / plantations crops. They emphasize the need for efficient delivery of inputs, advisories and credit to the cultivators and acknowledge the need for capacitating institutions and extension services to deliver on this mandate. State policy also calls for creating an inclusive governance structure for FPOs. While it accepts that women’s needs as farmers are often neglected, it lacks the desirable emphasis on incentivizing or promoting women in agriculture by targeting specific schemes/ benefits towards women agriculturalists.  Urban Development Sector- The state urban policy recognizes the need to improve municipal services and provide higher quality benchmarks while also ensuring that they remain affordable for all, including the urban poor. It creates an authority to provide state-wide oversight and grievance redress and accepts the need to strengthen institutions and functionaries in key areas like planning, finance, etc. It provisions for alternate mechanisms to secure land for development and creating public amenities, especially in the context of the state, with its land-related constraints. The policies also give the mandate for development of master plans in a participatory manner involving community and other stakeholders, regulating the spatial and land management of the planning area in the hands of the local bodies, with some regulation form the state level agencies.  Water Resource Sector– The policies recognize that local communities, local governments and user groups are best placed to plan, allocate and use their water resources and the need to provide them with a clearer mandate for water governance. They also acknowledge the need to ensure equity in water distribution and access to irrigation for all. The state policy specifically recognizes women’s role in conservation, it promises their active engagement in protection and management of water resources of the state. It also provides for Participatory Irrigation Management with periodic community monitoring of these user groups/ institutions to ensure fairness and equity in their functioning. 43 | P a g e  Disaster Risk Management- The sector policies accept the need for utilizing the available social capital and providing a bigger role for local communities in disaster risk preparedness as well as management. They also call for capacitating local governments and communities, including civil society, community based organisations and local governments in preparedness and for enhancing their resilience to disaster related shocks and impacts.  Health Sector – The policy gives importance to the need for strengthening primary health care, so that it can plays a key role in strengthening disease surveillance at the grass root level to prevent spread of epidemics. The policy envisages creating a public funded, free, universal health care system, bringing key health indicators to the levels found in developed countries. It also recognizes the vital role of local institutions in provision of health services, especially in areas like disease surveillance and offering affordable health services. Adequacy of National and State Legal framework for Managing Social Risks Kerala has one of the most progressing legal policy environment among Indian states. Along with national laws and policies, the state laws and policies create adequate legal safeguards for women, socially and economically vulnerable, including the poor, scheduled castes and tribes/ indigenous communities in the implementation of schemes across sectors, in preferential selection of beneficiaries for schemes. They also provide for the social sustainability of marginalised and vulnerable population including the SC and ST, by providing for citizen engagement/ stakeholder participation across interest groups and a rights-based framework to demand accountability in the functioning of various public offices, including central and state agencies. Apart from this, the framework proactively offers legal assistance, safety nets/ entitlements, security against resource or land alienation, protection against discrimination and proactive state support for constituencies with poor voice and agency including women, old-aged and transgenders. 44 | P a g e Agriculture Sector Around 52 percent of Kerala’s geographical area is under cultivation. Kerala’s diverse geographical landscape, comprising 5 major agro-ecological zones, is home to a wide variety of cash, staple and plantation crops like spices, cereals, fruits, vegetables, tubers, rubber, oilseeds and medicinal plants. The low-lands of Kerala are known for their sprawling paddy fields featuring cultivation of over 600 varieties of paddy, although the land under paddy in the state has reduced to just under 7 percent of the total cultivable area of the state. The hill districts are suited for spices and plantation crops. Kerala leads in the production of several commodities like small cardamom, nutmeg, pepper, natural rubber apart from cashew, ginger, tapioca and jackfruit. Export of agricultural products is the biggest contributor to states exports valued at Rs. 1,869 crore in 2017-18. Agriculture along with allied sectors animal husbandry and fisheries contribute roughly 11% of the State GDP and nearly 17.15% of the population depends on this sector for their livelihoods. The state of Kerala has the highest percentage of small and marginal farmers (with landholding of less than 1 hectare). Unabated land fragmentation and lack of diversification has meant low viability for smallholder farmers despite a range of subsidies offered by the government in terms of fuel, power and equipments. The uptake for national and state sponsored crop insurance schemes remains abysmally low, further hiking vulnerability to climate and pest shocks. Likewise, women in Kerala hold a meagre 19 percent of operational holdings and around 14 percent of operated area, showing that the average size of their landholdings are smaller as compared to the state average. Program Description Considering the above scenario of the agriculture sector, the recent flood and landslide related events that have exposed the susceptibility of state’s agriculture to impacts of climate change and disaster risks, this PforR operation aims to partner with the State’s Department of Agriculture (DoA) in strengthening farmers’ capacity to mitigate climate change, disaster and disease-outbreak related risks by working towards enhancing their resilience, shifting the paradigm of agricultural planning towards a more fine-tuned and nuanced agro- ecological zone based approach (as against the wider agro- climatic zone wise) for improving their productivity, designating and promoting crops and package of practices that are more suited to a specific agro- ecological unit (AEU)10 through a realignment of state budgets. It will also support improving financial support and the farm advisory information services (Integrated Agriculture Management Information System - IAMIS) of the DoA by expanding the repository of services for farmers to cover areas like comprehensive farmer database, seed certification, knowledge sharing through value added information products, setting up farmers help desk system, support for mechanization and related agro-Services, Disease and Pest Management System (DPMS), timely and transparent transfer of assistance to farmers, crop insurance and Centralized Direct Benefit Transfer. In addition, for responding to the challenge of shrinking landholdings and need for making agriculture sustainable and returns attractive, under this operation farmers will also be mobilized into Farmer Producer Organizations and Farmer Producer Companies (FPOs/ FPCs) in the 4 main districts of the Pamba Basin – Pattanamthitta, Idduki, Kottayam and Allepuzha; 10 Delineation of state into AEUs is part of a mega project involving Kerala State Planning Board, National Bureau of Soil Science, Land Use Board, State Agriculture University. 45 | P a g e support will be provided to the Department of Agriculture as well as Kerala Small Farmers Agri- business Consortium (Kerala- SFAC) for strengthening the state eco-systems for promotion and sustenance of FPOs, so that they can have improved access to new and organized markets and benefit from collective- consolidated farm operations of its members. Expected Social Effects of the Program The interventions chosen to be part of the RKP are based on the core principles of the Rebuild Kerala Initiative (RKI) which focuses, among other things, on a) fast, efficient, inclusive works that enhance resilience of men and women to overcome shocks or become less vulnerable to it through an inclusive process where all citizens, including members of disadvantaged communities, participate fully in those efforts; b) greater emphasis on simplification of processes and procedures, c) with commensurate efforts at enhancing capacities of implementing and support institutions, to bring about efficiency and sustainability in the functioning of public systems. Benefits and Risks Potential Benefits The interventions and investments planned for the agriculture sector under RKP are likely to have positive impacts because schemes focused on crop assistance, soil and crop health, Kuttanad and new schemes pertaining to AEU are likely to improve the farm incomes of smallholders and also strengthen the capacities of institutions/workers involved in providing agriculture research and extension services in improving outreach to tribal and marginal cultivators. The expanded IAMIS aims to offer farmer friendly ICT services, some of which like provision of information on availability of certified seeds, agri-inputs, credit, prices, pest-disease outbreak, advisories on crops and weather through digital, print media, mobile apps, use of a robust farmer database to deliver power, input and other scheme specific subsidies are likely to be particularly beneficial for small, marginal, women and tribal agriculturist (given the reasonably high internet and mobile penetration in the state), who otherwise have less access to such information and services as compared to large farmers. Similarly, steps to reorganize farmers into larger FPO collectives is also likely to improve incomes and access to farm inputs, credit, information and services for smallholders through a more formalized system. Potential Risks As shown in the program level screening of likely impacts, these investment also attract some potential risks related to social and economic exclusion, poor citizen and stakeholder engagement during plan or package preparation, low awareness about schemes and information packages/ advisories, apart from weak institutional and individual capacities to manage emerging social risks- although most of them are manageable through appropriate management measures. The RKDP Master document (Resilient Recovery Policy Framework and Action Plan 2019) accepts that ‘multiple government agencies are engaged in sectors like agriculture…, but they often operate in a fragmented and isolated manner, instead of taking a multisectoral and cross-institutional approach to planning, development and management ...’.11 Presence of multiple institutions to deliver agriculture research, extension and advisory services to the farm-gate/ farmer and their overlapping mandates makes accountability for quality and 11 RKDP Master Document https://rebuild.kerala.gov.in/reports/RKDP_Master%2021May2019.pdf 46 | P a g e timeliness of services difficult to establish. In addition to the multiplicity of institutions working in the agriculture sector with sometimes overlapping mandates, there is also a lack of integration among various stakeholder institutions like the primary cooperative societies, the Padashekara Samitis (collectives created for paddy cultivators), FPOs, etc., making services challenging. In addition most of these agencies have low institutional capacities and need time to adjust to the new AEU based approach, especially considering the fact that some of the grassroot agencies involved in last mile delivery of agri related services- like Krishi Bhawans12 and Gram Panchayats are vastly understaffed, with ever increasing/ additional mandates, including the ones provided by the current program (AEU based planning and FPO creation and promotion), which may impose long working hours on the extension staff and limit their ability to ensure inclusion and access of marginalized communities to various schemes. In addition, there is likely risk of women and marginal farmers not being engaged during the planning of AEU-wise package of practices (PoPs), which may make these packages inaccessible, unaffordable or even unable to meet the needs of smallholders. This is especially likely to be more relevant for tribal farmers who farm on under-productive highlands/ slopes that are prone to floods as well as landslides. (Scheduled Tribes in Kerala have had a long history of land alienation and a substantial number live in wastelands within forest or on forest fringes13). It is also possible that the new information and farm gate services offered through the new IAMIS may be in a form that is not usable for women, other marginalized cultivators, as most information related to farm-specific entitlements and benefits is to be digitally accessed by individual farmers (or with help from Akshaya Centers- Common Service Centre kiosks). Some of the schemes and benefits that target individual cultivators may not be accessible to farmer collectives like the Padashekara Samitis or Krishi Sanghs (women’s collectives formed under Kudumbshree to farm on leased lands) that are largely comprised of small and marginal farmers. Given that small and vulnerable cultivators have a low bandwith for risk-taking and shifting to new farm systems (AEUs) and practices informed by IAMIS (their existing practices and systems having been arrived at over generations/ seasons of testing and optimization) there is a risk of low off-take of AEU specific services due to inability to take risks or even low awareness levels. The local bodies, given the high level of confidence that they enjoy among local residents in the state, have a crucial role in connecting the target audience to these schemes and services. One of the IAMIS modules is on custom hiring of farm implements and farm mechanization, which runs the risk of excluding women from the farm operations. Studies globally show that farm mechanization largely replaces women labour related to plantation and harvesting where most women are involved. This is also reflected in the reducing female labour participation in agriculture in the state. The risk of exclusion is high in the governance of the FPOs, where, despite the policy that promotes the participation of practicing farmers (including women14 and marginal farmers) in the management of FPOs15, the latter may lack representation in the higher leadership and management of FPOs (at the federation or regional level) and most positional roles may get occupied by large, influential farmers. The DoA and its support institutions don’t have an 12 The lowest office of DoA with presence in all village panchayats. 13 Rapid Poverty And Social Impact Analysis For The Resilient Kerala Program, World Bank 2020 14 Share of women participating in the labor force has also declined from 42 percent to 33 percent between 2004- 05 and 2011-12, Periodic Labour Force Survey (PLFS) 2018-19; Female labour force participation in the agriculture sector has also come down to 19.7 percent, even though recent initiatives like Kudumbshree have arrested further decline in female labour participation. 15 FPO Working Instructions for 2019-20. Kerala SFAC. 47 | P a g e active grievance redress system and seem to largely bank on state and local level grievance registration services like the Chief Ministers Public Grievance Redressal Cell, the Citizen's Call Centre (CCC), GRM of Local Self Government Department, an e-District Public Grievance system for submitting complaints online and a central toll free number of the Karshika Vivara Sanketham (Kerala SFAC) which farmers can use for any query or support. The assessment shows that there are institutional gaps, risks of exclusion, low voice of women, marginal and tribal farmers in the social management of the agriculture sector. While there are systems of grievance redressal, absence of department level GRM and lack of effectiveness of state/ LSGD grievance systems in tracking and closing grievances is a challenge. SOCIAL BENEFITS SOCIAL RISKS Focused on last mile service and Multiple agencies with low assistance capacities operating in silos Improvement in farm incomes Institutions at cutting edge of smallholders understaffed and overburdened Strengthened institutional Low participation of women, /individual capacities of service S&M farmers during planning of vulnerable cultivators AEU PoPs/IAMIS content Expanded IAMIS to offer farmer Exclusion of women collectives friendly ICT services leasing land like Krishi Sanghs Robust farmer database to help Low offtake of AEU and IAMIS deliver benefits to smallholders, based services among women and tribal farmers smallholders FPO also likely to improve Elite capture of FPO leadership access to input, credit, services with few positional roles for for marginal farmers women & vulnerable Lack of active department level GRM to track grievances Legal Instruments, Policies and Programmes/ Schemes Legal Environment for Agriculture Sector As presented in the section on the national and state legal and policy environment, there is adequacy of laws and policies to cover social issues related to the agriculture sector. The country has one do the most progressive laws related to Land Management and its provisions are well aligned with ESS5 (Land Acquisition, Restrictions on Land Use and Involuntary Resettlement) with a transparent process for the assessment of impacts, identification of project affected persons and households and in compensating them for any temporary or permanent loss of land, assets or livelihoods. Likewise, Kerala’s own Resettlement Policy shows that it has a strong alignment with World Bank’s policy on resettlement and rehabilitation and has adequate focus on vulnerable populations, landless, and encroachers 48 | P a g e and squatters from vulnerable categories in offering resettlement and rehabilitation following due process of law and with disclosure of information at each step. The laws related to laborers in the state not only cover the construction workers but in some case also offer protection and safety for the agriculture and plantation workers, including the migrant workers from other states who come to work as farm helps in plantations and with large landholders. These laws also offer protection against child and forced labour, gender based discrimination in work conditions or compensations and allow for fair working conditions and wages for laborers engaged in farm and non- farm labour activities. Agriculture related national and state policies look after the needs of the small, marginal and tribal farmers and also in some cases agricultural laborers and tenants. Agriculture along with the land related policies of the state secure the tenancy rights of land leasers and secures them from eviction without following the due process of law. These policies compassionately look at the tenants investments in land and asset improvements, physical and financial investments in multi-year / plantations crops and seek a full compensation for those investments/ improvements before the land leaser/ tenant is removed from such land. These policies emphasize the need for timely and efficient delivery of inputs, advisories and credit to the cultivators, especially smallholders and acknowledge the need for capacitating institutions and extension services in this regard. The policy on FPOs also calls for creating an inclusive governance structure for FPOs16 and while accepting that women’s needs as farmers often get neglected gives preference to the constitution of FPOs comprising tribal and women members- Tribal FPO and women FPO. The laws also lack the desirable emphasis on incentivizing or promoting women in agriculture by targeting specific schemes/ benefits towards women agriculturalists. Major Sector Schemes Rashtriya Krishi Vikas Yojana-RKVY is an umbrella programme for ensuring holistic development of agriculture and allied sectors that allows states to choose their own agriculture and allied sector development activities and priorities as per the district/state agriculture plans. It incentivizes States to increase public investment in Agriculture & allied sectors by providing flexibility and autonomy in selection, planning approval and execution of projects/programs under the scheme as per their need/ priorities and agro-climate requirements. The idea is to make farming a remunerative economic activity by strengthening the farmer’s effort, risk mitigation and promoting agri-business entrepreneurship with focus on improved pre & post-harvest infrastructure, and farm innovations.17 Under the scheme it is the responsibility of participating states to ensure that while selecting beneficiaries under any project of RKVY, adequate coverage of small and marginal farmers, Scheduled Castes, Scheduled Tribes and women and other weaker segments of society is ensured ‘so that benefits of the scheme as a whole accrue to intended beneficiaries in accordance with guidelines.’18 In the inter-state fund allocation the scheme also provides 20 percent weightage to those with a higher percentage of small and marginal farmers. State Extension Programmes for Extension Reforms or the Agricultural Technology Management Agency –ATMA19 is technically a part of RKVY and aims at strengthening and expanding farm extension services, making them more participatory, improve agricultural 16 Policy & Process Guidelines for Farmer Producer Organisations, 20113 17 RKVY- National Operational Guidelines for 2017-18 to 2019-20 18 Same as above 19 National Guidelines of ATMA 2018 49 | P a g e planning and use technology to reach out to the farmers and raise their capability to derive sustainable incomes. It focuses on adopting a group approach to extension by organizing farmers as Farmer or Common Interest Groups (FIGs & CIGs) to serve them collectively as FPOs and also addressing gender concerns by mobilizing farm women into groups and training them. It provides for State and District Farmers’ Advisory Committees with representation from progressive farmers including women, smallholders and SC/ ST cultivators. The State Nodal Cell for ATMA is also supposed to have a Gender Coordinator to safeguard the interest of women famers and ensure that at least 30 percent of resources meant for programmes and activities are allocated to women farmers or female extension worker. National Scheme for Promotion of Farmer Producer Organisations is part of Central government’s plan to create 10,000 farmer-producer organisations (FPOs or farmer-producer companies (FPCs) within the next few years. The scheme preamble says that “Collectivization of producers, especially small and marginal farmers, into producer organisations has emerged as one of the most effective pathways to address the many challenges of agriculture” and aims to incentivize states to constitute them. The schemes provide attention to the needs and interests of smallholders and women in agriculture and in some cases allocate funds for small, marginal or women farmers based on their numbers in the state. Kerala SFAC plans to set up 13 FPOs in the Pamba Basin districts with FPO membership drives to be supported by Panchayats, Civil Society, SHGs and Cooperatives. The task of formation and handholding of FPOs will be entrusted to Agri Business Promoting Agencies (ABPA), which have well established credentials and proven track record in promoting FPOs.20 Institutional Systems and Capacities to Manage Social Risks This section reviews the current institutional systems and capacities in the state to implementing schemes and programmes in the agriculture sector, including those proposed to be implemented as part of the Resilient Kerala Development Programme (RKDP). It then assesses the weaknesses and strengths of this institutional frame to manage the social risks emerging from the program investments based on existing and past performance Institutional Set up at the Directorate of Agriculture Department of Agriculture Directorate of Agriculture Relevant Sections /Divisions Key Social Responsibilities Annual planning, ensuring gender & inclusion Additional Director (Planning) related concerns in plans Create demonstration plots to encourage new farm Additional Director (Biogas, Farms) practices/ innovations/ demonstrations 20 E-Tender for the Selection of Agri Business Promoting Agency (ABPA) 50 | P a g e Provides outreach to small & marginal farmers through extn. Staff (ATMA), IT wing that managed Additional Director (Extension) IAMIS also under extn. Oversees smooth functioning of agriculture markets, Additional Director (Marketing) prevents cartelization, access to all Training to staff & farmers through departmental institute- SAMETI & RATTC, KVKs, Farmer Field Joint Director (Research & Trg) Schools and Knowledge/ Training Centres Training Institutions or agencies with Capacity building or Social mandate Institution/ Agency Mandate/ Functions Krishi Vikas Kendras- KVK Acts as an Agri Knowledge and Resource Centre to undertake region specific technology assessment, demonstrations, support initiatives for improving local agricultural economy and link research with extension and farmers, esp. S&M. Capacitates farmers and extension staff with knowledge and skills on modern technologies. Kerala Agriculture University It aims to address current and future challenges of farming (KAU) community relevant to the state’s agro-climatic and socio- economic condition, develop innovative extension strategies for farmers, promote sustainable production for improved livelihoods. Regional Agriculture RATTCs are intended to cater to the training needs of Technology Training Centres- extension personnel, while FTC train famers RATTC/Farmer Training Centres- FTC State Agriculture Management Nodal State institute on Agri Development. Mainly trains and Extension Training Institute extension workers implementing ATMA and 17 other sub- (SAMETI) schemes. Trains middle & lower bureaucracy on planning, appraisal, implementation, IEC participatory approaches and community development. Farmer Knowledge Centres To provide AEU wise trainings to farmers on PoPs and (FKC) related advisories on IAMIS modules FPO Academy Proposed as part of RKDP, to handhold & capacitate FIG members and leaders of the FIGs and FPOs/FPCs Community Institutions in the Sector Community Institution Purpose and Function FIGs/ FPOs/ FPCs Created by the SFAC as part of the FPO collectives Padashekara Samiti or To promote production around a specific commodity Agriculture Cooperative with a collective approach, usually S&M farmers will Societies collective holding of no more than 5 hectare Krishi Sanghs and Joint Liability Collective farming groups of women with 4-10 members Groups formed under Kudumbshree 51 | P a g e Assessment of Sector Institutions RKDP Master Document notes that grassroots institutions of the agriculture sector, especially Krishi Bhawans -- the institution at the panchayat are overburdened, affecting the utilization of human resources and performance of schemes level. They are currently overburdened with more administrative activities due to execution of multiple agri-sector schemes, as against providing farm services to the cultivators. To address it states the need to encourage a holistic approach for institutional consolidation, coordination and capacity building.21 Rapid assessment of the Department’s institutional structure22 also shows that there are nearly 30 institutions supporting several key functions pertaining to agriculture service delivery, but are sub-optimal due to lack of clarity about organizational mandates and duplication, coordination issues between agencies, capacity gaps at different levels, multiple lines of reporting, leading to problems in effective last mile delivery. Realising this, RKDP also advocates for an enabling institutional and policy framework with a supporting regulatory regime and adequate enforcement, especially for integrated management of agriculture and other critical sectors. Overall the sector institutions do seem to have reasonable capacity to manage the social risks emerging from the program investments. Citizens Engagement- The sector institutions have various avenues for citizen’s engagement. The State SFAC operates a Farmer’s Call Centre-cum-Agricultural Information Hub to offer information services to the state farmers. While the current consortium is a small 4-5 staff office, it is in the process of being further capacitated through a Project Management Unit Consultancy Agency (PMU-CA), and as per the proposed structure proposed, it will also have Consultant-FPO, with experience of social mobilization in agriculture development projects as well as a communication specialist with experience in media and IEC, which is likely to bolster the social capacities of the SFAC and its ability to engage effectively with communities, FPO members and other stakeholders.23 Likewise, the Farm Information Bureau provides information support to accelerate the extension and developmental activities of the department. Through the grassroots agencies that it works through- the Krishi Bhawans and Gram Panchayats- the department ensures regular engagement of communities in the preparation of agriculture plans and annual development plans of panchayats. The Agriculture Directorate as well as other support institutions have their own operational Citizens Charters that promise the citizens an assured set of services. Grievance Redress- The department largely depends on the LSGD wide GRM for receiving feedback. The state LSGD has a very vibrant and effective system (both offline as well as online) of grievance tracking and redress. In addition, the directorate as well as Kerala SFAC operate central toll-free helpline numbers for the farmers called ‘Karshika Vivara Sanketham’ which regularly receive grievances that are escalated to the concerned office, district and functionaries of the directorate and field offices. 21 https://rebuild.kerala.gov.in/reports/RKDP_Master%2021May2019.pdf 22 Transforming Kerala Agriculture, Draft Rapid Assessment of DoA Institutional structure, World Bank 2020 23 E-tender to select Project Monitoring Unit Consulting Agency (PMU-CA) 52 | P a g e Gender and Social Inclusion – As discussed in the previous sections, most agriculture schemes focus on the needs of the S&M farmers and women and state has developed systems to create a deeper penetration among the vulnerable categories of cultivators. As per the State Planning Board, during their Twelfth Five-Year Plan the state established nearly 456 farm schools and 250 Farmer Field Schools for improve outreach of schemes and to capacitate the farmers. They also provide pensions to the agriculture workers Joint Liability Groups (JLGs- Krishi Sanghs) Created as part of the Kudumbashree Campaign in the state, these are collective farming groups of 4-10 women members. More than 3 lakh such women farmers are actively involved in farming through 78,746 Joint Liability Groups and are cultivating more than 5 thousand acres of land. This is a substantial achievement at a time when men are increasingly moving away from cultivation and cultivable land (including paddy fields) are getting converted for other purposes. Collective farming under Kudumbashree was started in 2008 as Lease Land Farming groups with the objective of giving livelihood to women and converting fallow land into cultivable land thereby contributing to food security. But after two decades, this project has achieved more than the objectives of food security and livelihood. It has become a way for economic and social empowerment through collectivism. The project is a successful example of integration of projects and agencies/ departments. Most of these women involved in collective farming activities had past experience of farming while working as wage earners, laborers or helpers to their husbands/parents. (Source: Kerala State Planning Board) The Kerala SFAC has a Gender Cell to support Women in Agriculture under which it is implementing a number of programmes for women with the aim of empowering women producers.24 The Gender Cell collects and maintains database pertaining to women in agriculture and also offers technical and entrepreneurial guidance to women who seek such assistance from SFAC. 25The consortium also promotes women-only and tribal-only FPOs so that they form collectives and take advantage of the scheme to improve incomes and lessen risks. The FPO Working Instructions talk about inclusive membership and provide detail on how S&M farmers are to be included in decision making bodies of FPOs. So far, the state’s experience of setting up FPOs has been that their leadership is largely with active, practicing farmers who secure farmers interest and also those of smallholders and has not been captured by political affiliations. Institutional Assessment – State level systems Citizens Engagement - Since the time of People’s Plan Campaign in 1990s, Kerala has had a system wherein local bodies, functioning as strong institutions for local self governance, have increasingly relied on community engagement for responding to the needs of different social constituencies. This has involved strengthening systems of direct democracy by activating the village assemblies (Gram Sabhas), involving them in identifying the development needs of the community, sectoral priorities and prioritizing them during the annual plan preparation. Each local body also has a regular system of community monitoring wherein the annual performance is reviewed and scrutinized by the citizens through a process of social audit. The 24 http://www.sfackerala.org/services/programs/ 25 As a result of the floods and landslides livelihoods of nearly 35,107 plantation workers, most of whom are women were impacted with no incomes for nearly 2 months. (PDNA Kerala Report 2018) 53 | P a g e state also provides digital access26 to its citizens ‘in helping the government to become more accountable, transparent and efficient’ and seeks their participation in the governance process by asking citizen to either suggest reforms, rate departments on various social accountability parameters (Visibility accessibility, responsiveness, fairness and transparency) and to participate in various topical discussion forums. Grievance Redress -The state has a few centralized GRMs, including the Chief Minister’s Public Grievance Redressal Cell, the Local Self Government Departments GRM which resolve and keep department and category wise records of grievances and the state-wide helpline Citizen's Call Centre (CCC), all these provide access for citizens to submit online or telephone based complaints. Another slightly less structured system of ‘file adalats’ or file courts exists in some departments wherein all pendencies in resolution of grievances or works are to be explained to the elected representatives twice a year on a case by case basis. The state also has an effective but informal system of redress given the strong organic linkage between the LSGs and the community wherein citizens directly register their grievances (oral or through petitions) with their elected representatives (ERs). If the citizens are not satisfied with the functioning of their local bodies or if they are not being adequately accountable, citizens are entitled to register their grievances with the local body tribunals/ ombudsmen, specifically appointed to look after such grievances. Although the number of grievances received across these state level mechanisms is low, there is wide awareness about them and the advantages of using them. Chief Minister’s Public Grievance Redressal The most structured, comprehensive and formal GRM in the state is the one managed by the called the CM Public Grievance Redressal Cell. Under this all public grievances being received are provided a unique ID or a docket number with which to track the complaint These complaints are then send electronically to the respective department and to the concerned support agency or field office and official and informed about the time within which it has to be resolved. The designated office is expected to resolve the issue within a stipulated timeframe and respond to the grievance for its closure. The model is entirely ICT (information communication technology) based to that it is transparent and its tracking both by the aggrieved and the government is efficient. People can lodge their complaint from any place having internet facility. The complaints get automatically escalated if they are not resolved within the timeframe. Unresolved complaints are monitored by the Chief Minister’s Office with departments through video conferencing. Multiple search options are available for citizens to know the status of their grievance including use of Docket number or their mobile numbers- both using internet and mobile phones (sms based). If the complainant provides a mobile number, s/he is notified with the progress, as the complaint gets forwarded to different offices. Those with no access to internet or mobile phones have the option to go to their nearest Akshaya Centre (Common Service Centre) to get their complaints registered. As per the dashboard, nearly 204,750 complaints have been received on CMO portal, of which most are related to Police/ Law and Order, Employment and Public Interest. 26 https://kerala.gov.in/discussion-forum 54 | P a g e Gender- Through the decade old Kudumbshree campaign Kerala was been able to bring the gender issues in agriculture/ livelihoods centre-stage and use the campaign for social and economic empowerment into one for bringing about political empowerment by nurturing local leadership through these village institutions and women’s collectives. The state also used the central scheme on Mahila Kisan Sashakthikaran Pariyojana (MKSP) to its advantage ‘by using it to increase the visibility of women in agriculture, reducing drudgery and providing a livelihood opportunity for them to adopt sustainable and eco friendly agriculture.27 Over the period, states efforts at mainstreaming gender and inclusion related concerns have come to include policies for preparation of gender sub-plans, earmarking of development funds for implementing women specific schemes/ activities28, large scale mobilization of women for their social and political empowerment as well as preparation of old aged action plans and also tribal sub-plans (TSP) for areas with tribal communities. The State also mainstreams gender related concerns through other policies and practices, including annual review of performance of five year plans and tracking gender outcomes identified in the gender sub-plans and providing reservation for women in government positions. The State has a Women’s Cell to look into grievances of women, particularly, harassment against women, neglect, desertion, not recognizing her rights, and even family discords apart from a separate Domestic Violence Cell headed by a protection officer29, Kerala also has multiple helplines and support systems including a dedicated Women helpline, and a Snehitha helpdesk30- a 24-hour gender help desk that works to offer support to shelter-less and abandoned women through immediate help, shelter, counseling, motivation and legal assistance. Social Inclusion - The state has been promoting the interests of scheduled caste and scheduled tribe communities by specifically earmarking funds under the Tribal Sub-Plan (TSP) and Scheduled Castes Sub-Plan (SCSP) for them in districts/areas predominated by these social groups. These include specific schemes in the agriculture and livelihoods sector. Even under the RKVY since 2017-18 the states have been allocating funds under the Scheduled Caste Sub Plan (SCSP) and Tribal Sub Plan (TSP) to ensure that benefits of the scheme go directly to their intended beneficiaries- SC and STs, respectively.31 Program System Consistency with Core Principle Core Principle Social Assessment Core Principle #1: Program E&S The program is likely to operate within a legal framework management systems are that is adequate to assess and manage possible social designed to (a) promote E&S risks and impacts emerging from these program sustainability in the Program investments. The project level screening of activities design; (b) avoid, minimize, or proposed for the agriculture sector shows that they do mitigate adverse impacts; and (c) not carry any substantial risks or the institutions and promote informed decision- prevailing systems are competent to mitigate or manage making relating to a Program’s those direct and indirect impacts. The state has mature E&S effects systems for citizen’s engagement, gender mainstreaming 27 https://www.kudumbashree.org/pages/42 28 According to Gender & Child Budget for 2017–18, 11.4% of state plan budget is allocated to women & girls; for local (panchayat) plans 10% funds are earmarked for schemes specifically benefiting women. 29 https://kerala.gov.in/web/guest/domestic-violence 30 https://kerala.gov.in/web/guest/snehitha-helpdesk 31 Kerala also has a scheme for the resettlement of landless tribals wherein the government provides one acre of land per landless tribal family, subject to a ceiling of 5 acres 55 | P a g e and transparency, with use of participatory approaches while planning for scheme/ sectors. The local governments also deploy a system of annual social audit wherein performance across all sectors (including agriculture) is collectively reviewed by members of the Gram Sabha (village assembly). The state deploys competent human and financial resources to implement social management procedures, although considering the mandate of the sector, institutional assessments has shown that last mile program delivery is affected as organisations responsible for it are overburdened and understaffed and their numbers and capacities need to be augmented as part of this operation as well as outside, especially considering the fact that the program wants to change the paradigm within which agriculture is currently practiced in the Pamba Basin- using an AEU based approach to agriculture planning. There are responsive and functional state level GRMs that communities are well aware of, although there is a need for a more robust (and comprehensive) department specific GRM that is based on multiple mediums of complaint registration, with clear timelines, escalation mechanisms and closure procedures to make the system more accountable. Core Principle #2: Program E&S The operations in this sector do not support activities that management systems are may have an impact on the religious or cultural resources designed to avoid, minimize, or of communities mitigate adverse impacts on natural habitats and physical cultural resources resulting from the Program. Program activities that involve the significant conversion or degradation of critical natural habitats or critical physical cultural heritage are not eligible for PforR financing. Core Principle #3: Program E&S The proposed investments involve working with management systems are government staff and employees who are governed by designed to protect public and national and state laws and protected by service rules worker safety against the form abuse, exploitation to ensure worker safety. A potential risks associated with majority of government functionaries in the state are (a) the construction and/or women, including those involved in agriculture extension operation of facilities or other and responsible for creating outreach for programmes/ operational practices under the schemes; the burden of expanded mandate of grassroots Program; (b) exposure to toxic agriculture organisations will fall on these women chemicals, hazardous wastes, extension workers, therefore, stronger enforcement of and otherwise dangerous reasonable working hours and safety will need to be put 56 | P a g e materials under the Program; in place. and (c) reconstruction or rehabilitation of infrastructure The state has large number of small & marginal farmers, located in areas prone to natural and due to Kudumbshree, one of the highest number hazards women cultivators / agriculture workers in the country. As a result, Kerala has developed a strong supporting ecosystem of policies and institutions to ensure worker and women safety. The labour laws promise added security to agricultural workers (including against accidents and injuries), and subsistence allowance during periods of temporary unemployment. No other investments are planned that could risk worker safety. Core Principle #4: Program E&S No investments are planned that may lead to physical or systems manage land acquisition economic displacement of communities or individuals and loss of access to natural - whether temporary or permanent in nature. resources in a way that avoids or minimizes displacement and assists affected people in improving, or at the minimum restoring, their livelihoods and living standards. Core Principle #5: Program E&S The activities planned as part of this operation are aimed systems give due consideration at increasing agriculture incomes of the small, marginal, to the cultural appropriateness women and tribal farmers of 4 districts in Pamba Basin. of, and equitable access to, While the operation seeks a shift to a new approach and Program benefits, giving special package of practices-PoPs that are more relevant to the attention to the rights and chosen landscape, existing institutions need to ensure interests of Indigenous that adequate consultations are done and there is Peoples/Sub-Saharan African reasonable awareness about the new practices, so that Historically Underserved smallholders from vulnerable communities can take Traditional Local Communities, informed decisions. and to the needs or concerns of vulnerable groups. The investments are also aimed at creating farmers collectives-as Farmer Producer Organisations/ Companies so that their exclusion related and economic risks could be minimised. The state systems, institutions and established practice will need to ensure that there is equity in distribution of program benefits, especially to women, who despite lands reforms don’t have land ownership in proportion to the female population involved in agricultural sector in the state and hence get excluded from receiving farm benefits under agriculture related schemes. There is risk of lack of affordability of the new PoPs for the marginalised, tribal and women farmers, which the 57 | P a g e program will need to address; there is also risk of exclusion of vulnerable from decision making roles in FPOs. The operation will exclude activities that may adversely impact cultural resources and practices of indigenous communities living in Pamba Basin, especially Iddukki. Core Principle #6: Program E&S The nature of program investments is such that they are systems avoid exacerbating not likely to lead to or exacerbate social or resource social conflict, especially in conflicts. fragile states, post-conflict areas, or areas subject to territorial disputes. Stakeholder Consultations and Disclosure Stakeholders identified for consultations around this sector are mapped in the comprehensive stakeholder map prepared for the program. (Annexure B) These include departmental functionaries at the state, district, sub-district and Panchayat / Municipal levels, as also line and support agencies and training institutions. They also cover community institutions formed around areas/issues where the sector investments are likely to occur. These consultations were aimed at understanding the current chain of implementation of schemes/ projects in respective sector institutions, assess the existing social capacities and procedures adopted by them, to see how social issues related to inclusion, access, equity in benefit sharing, participation, transparency/ accountability in sectoral planning and implementation are addressed and the gaps therein. These consultations also aim at assessing from the point of view of the service providers/ duty bearers as well as communities, and service recipients the quality and inclusiveness of services, especially for the vulnerable groups- single women, SCs/ STs, small and marginal farmers, teachers, landless/ asset-less, elderly, People with Disabilities (PwDs) and migrants. As shared in the methodology of ESSA, the sector consultations with stakeholder were facilitated by Kerala Institute of Local Administration (KILA) at the state and in the Pamba basin districts. The following key inputs have been received from these stakeholder consultations and have been used to further inform this systems assessment. Inputs from State Consultations  Even though political leadership attempts to dominate FPOs, their governance structure is insulated by ensuring that governing bodies are constituted only by active/ practicing farmers.  State SFAC is in the process of establishing an FPO Academy that will work specifically to capacitate FPO leadership, its members and nurture the FPO eco-system. SFAC is also in the process of further bolstering its internal capacities by creating a PMU with added capacities on community mobilization and extension.  FPOs also includes SHGs, Cooperatives, other types of collectives and have inclusive membership- anyone can be part of an FPO. They are mostly linked by credit and there are no specific guidelines regarding their management in terms of gender or social equity.  The IAMIS parameters are being expanded based on the RKVY guidelines and is being made user friendly. Farmers will have the facility to enter their details and they will 58 | P a g e automatically get a list of entitlements that they are eligible for and the process by which they can be accessed.  IAMIS is a great platform for bringing many schemes under one umbrella. It also reduced the workload of Agriculture officers (AOs) so they can pay attention to extension activities.  If S&M farmers don’t have digital access they can go to a nearby Common Service Centre /kiosk- Akshaya Center and ask for help to access eligibility details.  Since most farming in Kerala is focused on homestead based, most AEU wise recommended PoPs are based on affordable technologies.  The AOs and other extension staff should be allowed more freedom for extension work and meeting community and farmers, rather than administrative tasks they are engaged in, as S&M homestead farmers need customized, handholding support. Inputs from Community Consultations:  Tenants don’t get the same type of benefits as the land-owning farmers and under the current system benefits are not reaching landless farmers. Tenants only receive benefits when they are associated with Joint Liability Groups such as Kudumbashree. There are issues in accessing various welfare schemes by the tenants. Therefore, there is a need to bring changes in policy so that all farmers, including landless get equally benefitted.  Another reason for poor outreach of schemes is the heavy workload of AOs that makes visiting field and creating awareness difficult.  FPO's are working well in select areas to ensure maximum production and profit, although they are unable to protect the interest of small and marginal farmers. They safeguard the interests of the influential, which is why there is need to create awareness among all types of farmers to better utilize the FPO structure. FPO management is also under constant stress and pressure from external entities. People need to be educated about the FPOs as many farmers are still unaware about their use and purpose.  The Padashekara samithis (Paddy farmer’s consortium) at regional level are doing the same activities as that done by the FPOs.  IAMIS is far from being implemented in these areas, so presently flood forecasting is done by the water authority. These forecasts are effective although some farmers in Allapuzha district have little faith in them due to false alarms and too technical nature of the alert messages. In Kottayam very few farmers (around 5% large and progressive ones) currently use IAIMS for agricultural advice. Therefore, more awareness needs to be created around it and this information needs to be available to those without smartphones, through the Akshaya Centers.  AEU based planning and PoPs are gradually becoming popular in some panchayats of Pathanamthitta district, although the farmers don’t find them efficient. The draft ESSA report will be disclosed on the website of Resilient Kerala Initiative (RKI- RKDP) and on the World Bank external website for comments and feedback and will be finalized after incorporating the suggestions received from the stakeholders. Gaps and Recommendations 1. The assessment of social systems shows that the capacities of relevant sector institutions and those responsible for social management in the state are good, except 59 | P a g e for the fact that there is a need for better coordination between sector institutions for social management. The borrowers /RKDPs own internal assessments have alluded to the overlap and duplication of functions of multiple sectoral agencies that leads to sub-optimal efficiency and poor accountability. It recognizes the need to reorganizing these institutions to create better synergies and clearer accountability. Recognising this gap, it has also been made an investment area for the agriculture sector (Strengthen agriculture support institutions to facilitate AEU based agriculture promotion). As part of this effort, there will be a need for revamped system of agriculture extension, which capacitates its women extension workers, to work more closely with women farmers32 and other vulnerable farmers in creating awareness, ensuring their participation in planning and in the selection of AEU-wise packages. 2. One of the key social risks is related to exclusion of women, smallholders, tenants/ sharecroppers from vulnerable communities from a) accessing and using IAMIS, b) deciding and using AEU-wise PoPs, c) occupying decision-making roles in the FPOs promoted by the project. While the program systems and institutions will work to proactively ensure their inclusion in various activities, the monitoring systems will need to track the extent of their access to IAMIS and its related services, their off-take of AEU based packages, overall proportion of membership and leadership from vulnerable sections in the new FPOs (including possibility of organizing women only or tribal only FPOs) promoted by the program- to ensure that benefits are equitably distributed across gender, social and economic groups. Departmental capacities to manage these exclusion risks need to be augmented through greater sensitization and capacity building of field staff and extension workers. 3. There is a need for a stronger department or program level Grievance Redress System that complements the other district or state wise GRMs in place. This will ensure closer scrutiny and tracking of complaints, refining the sector strategies planned under the operation and fixing accountability for actions. This will also ensure better tracking of outreach of investments and services planned for the sector and help in making the program services, practices and packages more accessible. 32 Considering that women headed households in Kerala (at 22 percent) are double the national average 60 | P a g e Water Resource Management Kerala is blessed with rich endowment of water resources. It has a high average annual precipitation (3,000 mm ), has 44 small and medium rivers, several lakes and ponds, a vast network of stream and estuaries, springs and wetlands. However, this system of water resources varies both spatially and temporally, resulting in occasional floods and droughts. Within the same year, seasonal variation in precipitation can be high as bulk of the rainfall is received from southwest monsoon, between June to September and some from northeast monsoon, October to December. Approximately 90% of rainfall occurs during six monsoon months with heavy discharges in all rivers and frequent flooding and landslides. During the August 2018 flooding, irrigation canals and drains became heavily silted, embankments collapsed, and Water Harvesting Structures (WHS) like cross drains, sluice gates, weirs, check dams, diversion channels, etc., were damaged on the upstream and urban drainage systems in the downstream blocking flow of flood waters with heavy sediment load, damaging public and private assets. While no major damage was reported on large and medium dams, nearly 200 storage ponds and 70 minor dams were damaged. The Kerala post disaster needs assessment (PDNA)33, recommended that recovery activities could include integrated water resources management (IWRM) embedded in Kerala’s sustainable development planning. With IWRM in place it is possible to make proper plans for water safety and water security, based on actual and planned land-use, resulting in multiple basin plans. The integrated basin plans need to be based on sufficient and reliable data and should break inter-sectoral barriers to establish an integrated framework for coordination, identify best practices that create a healthy river ecosystem that is beneficial to communities, and economies. Program Description The floods of 2018 and 2019 highlighted the need for more efficient water resource management in the state, especially in the disaster prone areas, by working on issues of dam safety and their improved operational performance, stronger flood management procedures that are informed by technically robust and streamlined Water Resource Information System (WRIS) for its use as an effective decision support tool. The disaster assessment also brought out the need for a more integrated and compact water governance developed at the river basin level for integrated reservoir operations, better inter-agency information sharing for greater community resilience. Appreciating the need for using the river basin as a hydrological unit for planning and governance, and responding to the need for greater resilience, shown by the recent floods and landslides, and underlined by RKDP34, the Resilient Kerala PforR operation aims to bring together relevant stakeholders to support the development of integrated, river basin level management plans for the Pamba Basin to maximize the economic and social benefits derived from water resources available in a river basin in an equitable manner. It also plans to support the creation of an institution, a Basin Level Conservation and Management Authority, to support the operationalisation of these basin level plans so that they can respond to the diverse needs and challenges of basin level governance by bringing together different stakeholders. 33 Kerala Post Disaster Needs Assessment Floods and Landslides - August 2018 34 RKDP Master Document https://rebuild.kerala.gov.in/reports/RKDP_Master%2021May2019.pdf 61 | P a g e This will also involve improving the technical capacities at the basin level to develop better system for flood forecast, reservoir management, basin level planning and smoother information flow between key agencies functioning in the basin, apart from creating a command and control centre to support the Basin level Authority. These proposed interventions are likely to enhance the collective resilience of the local communities by reducing their present vulnerability to events like floods. Expected Social Effects of the Program The sector interventions chosen to be part of RKP are based on the principles of Rebuild Kerala Initiative (RKI) which aims at fast, efficient, inclusive works that enhance capacities of men and women to overcome shocks or become resilient, through an inclusive (and technologically sound process) involving disadvantaged communities; putting greater emphasis on simplification of processes and procedures, creating new or bolstering the capacities of existing implementing and support institutions, to improve efficiency and sustainability in the functioning of public systems and their outcomes. Benefits and Risks Potential Social Benefits If prepared through active participation of community and other institutional stakeholders, the River Basin Management Plans offer social and economic benefits, while ensuring the conservation and sustenance of basin level water resources. They also allow for equitable allocation of water resources to different sectors and competing demands with primacy in allocation to vulnerable, preventing conflict over limited water resources. The River Basin Authority will regulate the conservation and judicious use of water resources in the basin, enhance water availability35 for wider distribution as well as ensure equitable allocation of water resources. As per policy the authority will ensure allocation to every landowner in the command area, irrespective of the size and nature of land holdings including to the small and marginal farmers, including provision of irrigation for those at the tail-end (usually marginalized lands and landowners) of an irrigation system on priority. Potential Social Risks As shown in the program level screening of likely impacts, WRM related investment are also likely to attract social risks that are largely related to exclusion of vulnerable communities from the process of planning or decision making, presence of multiple institutions with low capacities to deliver on their social mandate of equity and sustainability, poor inter-agency coordination to ensure planned outcomes and accountability. River basin level or even aquifer level planning has never been tried in the state in the past- it is new, unprecedented and may have impacts on water availability to the poor and marginal, including indigenous communities living in the Pamba Basin. This will have reputational risks if adequate systems for safeguard are not deployed as part of the operation. This is especially relevant considering the fact that water resource department has so far only been involved in dam, canal and flood management and has never worked on deciding water allocation 35 Poor land management and heavy siltation of water bodies, water harvesting structures before and during the floods have reduced absolute water availability in recent years. 62 | P a g e principles or budgeting or looking at issues of equity in water distribution. Being a greenfield, this will require additional capacities to manage potential social risks and impacts. The RKDP Master document (Resilient Recovery Policy Framework and Action Plan 2019) accepts that ‘multiple government agencies are engaged in sectors like… water…, but they often operate in a fragmented and isolated manner, instead of taking a multi-sectoral and cross-institutional approach to planning and management ...’.36 The mandate of managing water resources of the state gets divided among the irrigation department, ground water department and the directorate of water resources There are risks of exclusion of the vulnerable communities, including women, fishing and tribal communities, from the process of river basin planning, which may result in their needs and priorities not getting reflected in the plan preparation, including deciding principles of water allocation/ distribution, decisions around levying of water charges or tariffs across users. In addition, being a technical agency the department and its support institutions have low capacities around social development and management to ensure optimal allocations across constituencies and sectors based on principles of equity and fairness as spelt out by Kerala river basin conservation and management bill, 2020 and promised by Kerala State Water Policy, 2008. Since WRD has a limited citizen interface, it does not have a dedicated and functional grievance redress mechanisms and depends on the statewide and local government level grievance services for receiving and redressing complaints. SOCIAL BENEFITS SOCIAL RISKS RBMPs offer social and economic benefits Exclusion of vulnerable communities from through greater availability and resource the process of planning or decision making sustenance Risk of priorities of women. fisher-folk Prevents resource conflict around water landless getting excluded from river basin scarcity plans or water allocation principles Inabilty to pay water tariffs/ charges for Plans allow for equitable allocation to meet water access/ consumption decided by the different needs /demands river basin plans RBMCA to help regulate water use and Untested institutional capacities for basin or conservation aquifer level planning- reputational risks Multiple agencies with low capacities Allocate water resources based on principles operating in silos, with fragmented of equity mandates- irrigation, groundwater Improved information sharing, disaster No functional department level GRM to track preparedness and community resilience and reddress sector specific grievances Low representation of landless and Localised informaiton to help in panchayat vulnerable in Basin level management level water security planning / budgeting committees 36 RKDP Master Document https://rebuild.kerala.gov.in/reports/RKDP_Master%2021May2019.pdf 63 | P a g e Legal Instruments, Policies and Programmes/ Schemes Legal Environment for Water Resource Sector The national and state policies related to the water sector recognize that local communities, local governments and user groups are best placed to plan, allocate and use water resources - for water governance.37 They also acknowledge the need to ensure equity in water distribution. The state policy recognizes women’s role in conservation and seeks their active engagement in its protection and management. The state Participatory Irrigation Management (PIM) policy seeks periodic social audits to ensure fairness and equity in the functioning of Water User Association’s (WUAs). Principles of equity are strongly reflected in Kerala’s Water Policy and works towards creating an environment for equitable, sustainable and productive management of water resources, advancing the role of LSGs and recognizing that women are best placed to conserve and plan their water resources. The irrigation act and river basin bills also call for entrusting maintenance of irrigation systems to local authorities, farmer’s co-operatives/WUAs and to regulate use, estimate demand, collect tariff and resolve disputes; the regulatory authority provides for fixing water quota for different needs/ sectors (from the basin) following principles of equitable distribution with every landholder in the command area entitled to water. Major Sector Schemes Pradhan Mantri Krishi Sinchayee Yojana - The PMKSY has been formulated by combining some erstwhile schemes like the Accelerated Irrigation Benefit Programme, Water for every farm (Har Khet ko Pani), Per Drop more Crop and Watershed Development. It aims to provide assured irrigation to every farm by creating new minor irrigation sources, repair and restoration of existing ones including watershed development, integration of water sources and their efficient use by deploying appropriate/ new technologies.38 The scheme also aims at the development of Command areas and strengthening the distribution network from source to farm through enhanced water efficiency for higher productivity and preparation of District and State irrigation plans for source sustainability and efficient use. The scheme intends to do this by encouraging community irrigation through registered user groups/FPOs/NGOs/CBOs and promotes farmer oriented activities like capacity building, training and exposure visits, demonstrations, farm schools, skill development in efficient water and crop management practices to promote conservation. National Hydrology Project (NHP) is a national scheme that aims to improve the extent, quality and accessibility of water resources information and to strengthen the capacity of targeted water resources management institutions responsible for surface and groundwater planning and management, including river basin organizations. The beneficiaries of the scheme are targeted to be farming communities benefiting by improved water management; rural and urban water and power users, populations affected by floods or droughts, poor rural agriculture dependent communities receiving improved irrigation water supply as a result of better accessibility to water resources information. 37 Disaster risk related policies also call for capacitating local governments and communities, including CSOs/CBOs in preparedness and for enhancing their resilience to adverse impacts. 38 Operational Guidelines of Pradhan Mantri Krishi Sinchayee Yojana (PMKSY) 64 | P a g e Institutional Systems and Capacities to Manage Social Risks From the point of view of the interventions proposed under the PforR operation, department of water resources in Kerala is divided into 2 divisions- a) the Irrigation Department, which works towards sustainable development, maintenance of quality and efficient management of the state’s water resources and providing assured irrigation to facilitate sustainable agriculture development and food security39; b) Ground Water Directorate, formed as a nodal agency for groundwater investigation and construction of groundwater abstraction structures, conservation and management of groundwater resources and its monitoring40 IRRIGATION DEPARTMENT Chief Engineer - Chief Engineer - Chief Engineer - Chief Engineer - Irrigation & Investigation & Inland Projects-I/II Administration Design Navigation Irrigation Major-Medium Irrigation Support to Flood Circles and Irrigation Design & paddy management Minor Irrigation Projects Research cultivation Institution41 Activities relevant to social management Irrigation  Provide Irrigation, flood control facilities, including prevention of Department breach & erosion, water conservation.  Command Area Development to utilize the additional irrigation potential created through better distribution & mgmt, achieving higher agricultural production and farm incomes.  Capacitate farmers and staff on participatory irrigation, systems of rotational irrigation for equality of access.  Preparation of emergency action plans for dams, disaster management plan, dam security.  Dam rehabilitation and improvement Ground Water  Control and regulate groundwater development for equitable Department distribution to all sections of society.  Conducting mass awareness programmes on groundwater 39 http://www.irrigation.kerala.gov.in/ 40 http://groundwater.kerala.gov.in/ 41 The sector/ department also has other institutions like Kerala State Electricity Board (KSEB)- responsible for large dams, KWA/ Jalnidhi- Responsible for drinking water supply, Irrigation Design and Research Board (IDRB)- responsible for research and design of dams/canals/drainages, and Centre for Water Resources Development and Management (CWRDM)- departmental technical training institute and of course RBCMA, which is proposed to be operationalised through the current support. 65 | P a g e conservation; management and water quality issues for public, school children, officials and elected representatives,  Addressing complaints around over-exploitation of groundwater, addressing related disputes  Secure sustainable availability of groundwater and its augmentation by constructing recharge pit/ structures/ wells. Assessment of Sector Institutions Largely being a technical agency with limited public interface, the department has low capacities on social management. Where required, for example, during design and planning of new minor- irrigation systems, the department takes the services of NGOs, LSGs, along with other relevant departments and elected leaders to seek people’s feedback, develop baselines, organize stakeholder consultations or tell them about benefits of new structures/ systems and seek community ownership or participation. Till 2012 the state had a Command Area Development Authority (CADA), which mobilized communities for the creation of water user associations (as part of Participatory Irrigation Management- PIM) and ensuring equity and access to water at the level of field drains/ channels where WUAs were created. Now under the Jal Shakti Mission the department has started forming WUAs on a small scale.42 43 The Internal Proposal for Restructuring of WRD, (2019)44 recognizes that most development decisions today are multi-disciplinary in nature involving economic, social and environmental dimensions and Integrated Water Resources Management (IWRM), the key responsibility of the department needs to be a “process which promotes co-ordinated development and management of water, land and related resources in order to maximize the resultant economic and social welfare in an equitable manner without compromising the sustainability of vital ecosystems”. The proposal accepts that for preparing effective river basin plans the institution will need to bolster capacities around- a) visioning and development of Basin management and water allocation plans, b) participation and co-ordination for fostering information sharing and exchange- although the revised structure does not seem to respond to the needs around increased social participation and mainstreaming principles of equity and transparency in the planning process. Reinforcing this, the RKDP Master Document notes that the State’s progressive Water Policy has not been fully adopted ‘and its implementation is faced with many challenges. There are institutional inadequacies due to the way agencies are created and structured for managing water. The multiplicity of line agencies engaged in water sector are operating largely in isolation in sectoral (irrigation, drinking water supply, industrial water supply) and fragmented manner without taking cognizance of the interaction between resources (groundwater, surface water) and sectors (irrigation, municipal water supply, hydropower, environment)…. 42 A time-bound, national campaign implemented by the National Ministry in India’s most water-stressed districts for water conservation and water resource management. 43 The proposed RBCMA is likely to have 3 key units related to Operations Management, Planning and Design and Knowledge Management to look at, among other things, optimized water allocation plans, water use efficiency monitoring, disaster risk reduction and response, integrated basin planning which are expected to require social capacities. 44 Draft Restructuring Proposal Kerala WRD, 2019 66 | P a g e The approach of the agencies is largely ‘supply oriented’, with no attention being paid to water demand management’.45 Citizens Engagement- As discussed earlier the capacities of the department are more technical than social, largely because the department has traditionally been an engineering department with less public dealing, other than for water distribution under participatory irrigation. The irrigation department has a Citizens Charter46 which commits to provide irrigation to farmers, maintaining structures, supply water as per seasonal schedules, take up flood control measures, issue timely licenses and services as notified under the State’s Right to Services Act.47 Hinting at low community capacities, the RKDP document also notes that the department has ‘Inadequate analysis of water availability and use patterns…required for proper water resources planning and management.’ In recent times there has been an effort to make the working of the department more citizen- friendly, which is brought out by initiatives to expand the WRIS to collect data on water availability, water demand, real-time dam positions/ water levels, apart from the standard hydrological and meteorological data for the benefit of community, and also attempts to create simple to understand dashboards for presenting these data, so that they are in a usable format for citizens. Grievance Redressal- While one of the core functions of the department is also to receive complaints related to groundwater abstraction and distribution, it does not have a functional departmental level GRM and depends largely on state level GRM for receiving complaints and grievances from individuals and institutions. In some cases the complaints received by the local government related to WRM are passed on to the respective Executive Engineers/ Field Offices for redressal. This is usually an informal and unstructured system, with no tracking of individual grievances. The department is now in the process of creating a digital space on its website (Citizens Corner | Irrigation-kerala (irrigation-kerala.org)) for citizens to register their grievances and share their feedback. Gender and Social Inclusion- As analysed in the previous sections the sector institutions (irrigation, groundwater) have low capacities to understand issues around gender and social inclusion and largely bank on local governments and civil society for mobilization, providing trainings to staff and community members on community minor and micro-irrigation projects or on water budgeting/ audits. The low capacity of these institutions is overcome by the state level institutions, and an enabling policy regime that ensures appropriate handling of social risks and adverse impacts. However, as a practice the department commissions an Environment and Social Due Diligence (ESDD) before initiating any new dam based irrigation project. Institutional Assessment – State level systems As seen in the detailed assessment of the state level institutions in the section on Agriculture, they offer adequate social safeguards, by ensuring citizen’s engagement at various levels, providing a state wide system of grievance redress, securing the interest of women and ensuring their inclusion in schemes and programmes on priority, providing for their protection 45 RKDP Master Document https://rebuild.kerala.gov.in/reports/RKDP_Master%2021May2019.pdf 46 Citizen's Charter (kerala.gov.in) 47 The department has notified 6 services under the Kerala Right to Services Act related to permission for water abstraction, no objection for irrigation projects and permission for works across water bodies and rivers/ canals 67 | P a g e from exploitation and abuse. (Kindly refer to state level institutional assessment in the chapter on Agriculture sector for more details) Program System Consistency with Core Principle Core Principle Social Assessment Core Principle #1: Program E&S The sector institutions/ departments have low social management systems are capacities primarily owing to their technical focus and designed to (a) promote E&S limited community interface. With the need to work on sustainability in the Program issues of equity in water distribution and closely working design; (b) avoid, minimize, or to reach WRIS information to the community for their mitigate adverse impacts; and (c) increased resilience and preparedness, their social promote informed decision- capacities will need to be bolstered, especially in the new making relating to a Program’s RBCMA that is being proposed as part of the program E&S effects investments. Considering the potential risks which are low to moderate, the state level institutions/ systems are mature and with added capacities can handle these social risks and impacts, citizen’s engagement and participatory approaches for river basin planning and transparency through disclosures and information sharing. Although the state has an effective but common GRM, the department needs a dedicated and comprehensive GRM to ensure a more efficient redress of complaints. Core Principle #2: Program E&S The operations in this sector do not support activities that management systems are may have an impact on the religious or cultural resources designed to avoid, minimize, or of communities mitigate adverse impacts on natural habitats and physical cultural resources resulting from the Program. Program activities that involve the significant conversion or degradation of critical natural habitats or critical physical cultural heritage are not eligible for PforR financing. Core Principle #3: Program E&S The project workers in case of operations in this sector management systems are will involve public servants of the irrigation department, designed to protect public and IDRB and also some contracted staff in the RBCMA and worker safety against the PMU that is proposed to be created during the potential risks associated with operational phase. As there is no investment on physical (a) the construction and/or works, labour involved is not expected. The public operation of facilities or other servants are protected by the service rules as well as operational practices under the national and states laws from abuse and exploitation. Program; (b) exposure to toxic chemicals, hazardous wastes, The operation will need to ensure fair working conditions and otherwise dangerous for contracted workers deployed in RBCMA. materials under the Program; 68 | P a g e and (c) reconstruction or rehabilitation of infrastructure located in areas prone to natural hazards Core Principle #4: Program E&S No investments are planned that may lead to physical or systems manage land acquisition economic displacement of communities or individuals and loss of access to natural - whether temporary or permanent in nature. resources in a way that avoids or minimizes displacement and assists affected people in improving, or at the minimum restoring, their livelihoods and living standards. Core Principle #5: Program E&S The activities planned for this sector are for improved systems give due consideration information generation and analysis of water resources, to the cultural appropriateness so that it can be used by communities for water of, and equitable access to, distribution/ allocation within the community as well as Program benefits, giving special between competing sectors, while ensuring equity as per attention to the rights and state policies. They also intend to ensure timely interests of Indigenous information on water levels/ dam positions, flood Peoples/Sub-Saharan African forecasts so that impacted communities, especially Historically Underserved vulnerable have improved resilience and are better Traditional Local Communities, prepared to face the disasters, through the creation of a and to the needs or concerns of more coordinated institutional and technical vulnerable groups. arrangement for information generation and distribution. If prepared through a participatory process, the river basin plans could respond to the needs and priorities of the dependent communities, including women and even the landless. For this department institutions will need to bolster their social capacities by engaging agencies or partnering with local NGOs/ CSO, CBOs like Kudumbshree and LSGs to capture people’s needs and include them in the basin level plans. State systems & established practices are expected to ensure transparency and accountability in preparation of RBP and WRIS There is however risk of exclusion of vulnerable inland fishing communities & women from basin level planning process, which may lead to non- application of the principles of equity in the allocation decided for inter se distribution of basin level water resources or in fixing of tariff/ cess for water users, making it unaffordable for the marginalised. Core Principle #6: Program E&S While water resources of the Pamba Basin are contested systems avoid exacerbating between governments of Kerala and Tamil Nadu (under social conflict, especially in litigation), program investments are aimed at improved fragile states, post-conflict areas, resource utilisation and efficiency and are not creating 69 | P a g e or areas subject to territorial additional demands on the water resources; hence are disputes. not likely to lead to or exacerbate social or resource conflicts / disputes. Stakeholder Consultations and Disclosure Stakeholders identified for consultations around this sector are mapped in the comprehensive stakeholder map prepared for the program. (Annexure B) These include departmental functionaries at the state, district, sub-district and Panchayat / Municipal levels, as also line and support agencies and training institutions. They also cover user groups and community institutions formed around areas/issues where the sector investments are likely to occur. These consultations are aimed at understanding the current chain of implementation of schemes/ projects in these respective sector institutions, assess the existing social capacities and procedures adopted by them, to see how social issues related to inclusion, access, equity in benefit sharing, participation, transparency/ accountability in sectoral planning and implementation are addressed by them and the gaps that exist therein. These consultations also aim at assessing from the point of view of the service providers/ duty bearers as well as communities, user –groups and service recipients the quality and inclusiveness of services, especially for the vulnerable groups- single women, small and marginal farmers, SHG members, fisherfolks, SCs/ STs, landless/ asset-less, elderly, People with Disabilities (PwDs) and migrants. As shared in the methodology of ESSA, consultations with stakeholder were facilitated by Kerala Institute of Local Administration (KILA) at the state and in the Pamba basin districts. The following key inputs have been received from these stakeholder consultations and have been used to further inform this systems assessment. Inputs from State Consultations  Currently under the WRIS the hydrological and meteorological data is being collected along with data on water availability and demand. A policy decision still needs to be taken if data on water availability and demand will be accessible to public or not. Technically, it is possible to provide this data at the basin, LSG as well as watershed level, so that farmers and water user associations can utilize it for internal allocations.  Aim of the WRIS is to make information on dam position available on a real-time basis for the community, and towards making this information pictographic so that common people can understand.  Department has very limited internal capacities for community engagement. It banks on LSGs and NGOs for it. Usually it needs their services for drawing the baseline for minor irrigation works.  Don’t have a separate GRM, people use the LSGD one or the centralized one (CM - PGC) which is more structured and systematic.  Department does not have a very clear cut mandate. Nowadays, even LSGs are permitted to construct minor and medium irrigation systems/ works.  River basin planning is a recent feature. Earlier approach was based on piecemeal strategies, wherein local issues were addressed rather than addressing issues at river basin as a whole. Basin management related discussions were generally done with people’s representatives and did not involve the community, including no discussion with small, marginal farmers or tail-end users. 70 | P a g e  Currently technical studies are going on to develop a comprehensive river management plan for Pamba and detailed consultations with communities are in the pipeline, which will explore providing early flood warnings.  Capacity building involving all stakeholders is required for developing a comprehensive strategy to safeguard the interest of SC/ST communities and a potential agency to lead this capacity building initiative is the irrigation department.  The RB Management Authority is still in its planning phase, so currently the structure and composition is yet to be established.  To ensure that flood forecasts and other advisories are in an understandable format and relevant for target audience, there must be a multi-disciplinary team to manage and provide diverse advisories aimed at different stakeholders. Inputs from Community Consultations  At present Panchayats (barring some in Iddukki district) are not involved in preparation of comprehensive Water Security Plans or Panchayat level Water Budgets, although GPs have a significant role in Pamba River Basin Planning. Before drawing up any basin level plans the bio-diversity, lifestyle and agriculture pattern of the Panchayat needs to be assessed.  Flood forecasts and other advisories regarding disasters are made available through television and newspapers, but presently they are being provided by revenue department and not water authority; sometimes they are not in an understandable format/ language.  Availability of water in Pamba Basin for agricultural and domestic use is inadequate; there are no measures in place to ensure access and participation in schemes for vulnerables such as landless, backward castes and small scale farmers.  If panchayats are given a role in river basin planning they will consider the water requirements of different constituencies - farmers, landless labourers, women and SC/ST- assessed through proper data collection and need assessment to ensure equitable allocation. Therefore, elected representatives must be capacitated on different aspect of river basin planning and management.  To ensure objectivity and equity there is a need to ensure people’s participation in planning for transparency in beneficiary selection and allocation.  LSGIs have the most appropriate capacities to ensure participation of different social segments when implementing River Basin plans. Additionally, NGOs and CBOs should also be involved in preparation and implementation of the River Basin Plans.  Water scarcity is experienced on highlands (tribal areas) where water tankers do not reach due to bad roads. The draft ESSA report will be disclosed on the website of Resilient Kerala Initiative (RKI- RKDP) and on the World Bank external website for comments and feedback and will be finalized after incorporating the suggestions received from the stakeholders. Gaps and Recommendations  Since women bear a disproportionate burden of natural disasters, it will be important that women are made the primary benefactors/ recipients of the information on flood forecasts and dam positions/ water levels, especially in the habitations that are more vulnerable to floods and related events. They also need to be involved in the river basin planning process since women have a better sense of the local water demands and efforts required for water conservation. Given the limited capacities of the sector 71 | P a g e institutions, the department should explore engaging LSGs as well as CBOs like Kudumbshree for social mobilization around river basin planning and also facilitating dialogues with the communities so that they could provide a voice to women and other marginalized constituencies in the Pamba Basin.  The department and the RBCMA has limited experience of community engagement and hence needs to develop requisite capacities to manage social risks and impacts. It will also need to develop close working relationship with local bodies to ensure inclusion of the interest of different constituencies and participation of communities in river basin planning. The newly constituted authority also needs to have capacities on a) social development – to ensure gender mainstreaming, participation/ inclusion and accountability, b) information education communication (IEC) - to ensure access to WRIS information in an accessible form to communities, especially the tribal and fishing communities that the most vulnerable. The recruitment in the authority needs to ensure equal representation of men and women, placement of statutory gender and labour/safeguards, among other things, to ensure fair working conditions for the project workers/ staff.  There is a need for a stronger department or program level grievance redress system that complements the other district or state wise GRMs in place. This will ensure closer scrutiny and tracking of complaints, refining the sector strategies planned under the operation and fixing accountability for actions. This will also ensure better tracking of outreach of investments and services planned for the sector and help in making the program services more accessible and inclusive. 72 | P a g e Road Sector Total road length in Kerala in 2017-18 is 2, 73,113.30 km- consisting of 1782 km of National Highway (NH), 4341 km of State Highway (SH) roads and 27,470 km of Major District Roads (MDR). The road traffic is growing at an average rate of 12 to 14 per cent every year, creating pressure on PWD road network. Road density in Kerala is 528.8 km/100 sq. km, as against the national average of 390 km. The length of road per lakh population is 686.55 km and almost 90 per cent of the road network is single lane. National Highways, considered to be the primary network, carry 40 percent of the total traffic, and State Highways and Major District Roads (MDRs), which form the secondary road network, carry another 40 percent. Traffic has been growing at a rate of 10 to 11 per cent every year, resulting in excessive pressure, especially since less than 10 per cent of the road network handles almost 80 per cent of the total traffic. According to State Crime Records Bureau, 4,172 deaths and 45,443 injuries were reported in Kerala in 2018 from 40,289 road accidents in Kerala caused due to driver, road, vehicle condition and weather. Road Safety being a complex issue it requires consistent, prolonged and concerted efforts from various stakeholders to achieve the goals.48 The major road network of Kerala, though well connected, faces severe constraints due to urban sprawl and haphazard ribbon development all along the routes. The existing traffic levels at most stretches are excessive and beyond the road carrying capacity. The floods of 2018 led to heavy damages to the roads, with roads in around 12 of the 14 districts reporting landslides, earth slips, debris flow and rock falls.49 Program Description Groundwork for reforms related has been done by World Bank through its previous engagements in the sector, to mainstream issues of disaster and climate resilience in sustainable road asset development and management- under First Resilient Kerala Program Development Policy Operation (DPO-1), and for ensuring continuity of road sector reforms and institutional strengthening initiated under- Kerala State Transport Project- KSTP- II. Under the current operation, one of the proposed activities is to develop protocols for and operationalise the Road Maintenance Management System (RMMS), which has been initiated under the previous DPO. This will involve development of a Mobile based application to internally support the Public Works Department (PWD) in decision making and monitoring of road works and for use by general public to seek information on road assets and submit grievances/ complaints. This will also be enhanced with additional features related to Forward Works Program (FWP) which enables citizens/ users to see the current status of roads in their vicinity as well as upcoming and recent works done. This will be done by strengthening the capacities of the departmental training institution – KHRI with the establishment of an RMMS- Cell and training of KHRI and PWD staff on climate and disaster resilient road maintenance and management. In addition, the operation involves supporting the development (rehabilitation or maintenance) of approximately 400 kms of Core Road Network, largely comprising of Major District Roads and State Highways in the Pamba Basin. This is planned to be done through performance-based road maintenance contracts that are climate informed and are of resilient 48 Kerala Economic Review 2018-19 Volume I, State Planning Board 49 RKDP Master Document https://rebuild.kerala.gov.in/reports/RKDP_Master%2021May2019.pdf 73 | P a g e service standards. These investments are expected to be using sustainable asset management practices. Approx Road name District Length-km Roads under climate-resilient Core Road Network (CRN) Gandhinagar-Medical College… Muttappally road Kottayam 21.95 Vadayar Chandappalam- … Muttuchira road Kottayam 24.70 Pathanamthitta Ayroor… Thonniamala road Pathanamthitta 28.12 Mallapally-Komalam… TMV road Pathanamthitta 22.65 Malamekkara Kunnathukala … Azad Junction road Pathanamthitta 8.6 Thattararnbalam-Michael Junction-… Pandalam Allapuzha 21.8 Veeyapuram-Edathua… Mullakarnthuruthy Allapuzha 21.35 Roads under OPBRMC- Performance Based Road Maintenance Kayamkulam-Mavelikkara-Thiruvalla Alappuzha/Pathanamthitta 31.00 Expected Social Effects of the Program The proposed interventions are likely to enhance the resilience of structures and assets- existing as well as new ones- leading to better preparedness and response in case of future disaster events. They are also intended to introduce greater accountability in the sector institutions/ works and also enlarge their public interface by creating systems for information sharing and providing opportunities for airing grievances/ community monitoring. Benefits and Risks Potential Benefits The new RMMS will incorporate climate inputs that are expected to make future roads projects more resilient, with the ability to better handle weather events like floods and landslides, preventing inconvenience to commuters. The RMMS based systems are not only expected to created a number of road safety measures in road construction, better monitoring of works and decision making to create stronger accountability, but from a community perspective, they are also expected to lead to creation of tools for citizens engagement and community oversight. Plans to create mobile applications that citizens can use to see the condition of road network (and related amenities/ facilities) around them with provisions to provide feedback and 74 | P a g e grievances on these roads to the PWD will be in this direction. From a safety and access perspective the forward works program will also provide interactive digital platforms that commuters/ citizens can use to assess the condition of roads that they plan to travel on, find out if any road repair/ maintenance work is going on, at which point and for how long it is expected to continue. This will help them take more informed decisions about routes to take. Improved road network through expansion and better maintenance is also likely to benefit commuters through better safety provisions and greater accountability of the contractors for road maintenance. This will also entail a greater transparency in the execution of the road contracts awarded, with the ability to see the progress versus plans on a real time basis by designated officials. Potential Risks As per the initial assessment, expansion and improvement of the existing core road network is not likely to require additional lands and that the existing land and RoW with the department will be used for rehabilitation and maintenance works. However, it is likely that there will be encroachments and presence of squatters along the planned alignments. This will lead to their economic displacement – temporary (for the period of construction) or more permanent in nature and hence will entail planning their relocation and rehabilitation as per Bank policies. Usually the first priority for road construction and expansion are plain and rolling roads that are easier to develop as compared to hilly terrains that are difficult and costlier to develop. This leads to the exclusion of vulnerable communities (mostly scheduled tribes and particularly vulnerable tribal groups- PVTGs) who have settlements in such terrains. This is also because of no direct participation of communities in the selection or prioritization of such major roads.50 This is likely to keep these communities vulnerable during weather events as seen in recent years. Large scale repair and maintenance works on nearly 400 kilometers of roads are likely to draw a large number of workers to the Pamba Basin districts. Owing to Kerala’s high dependence on non-local migrant construction workers, it may expose host/ neighbouring communities vulnerable to risks associated with labour influx, cause disruption for the host communities and also risk of gender based violence or sexual exploitation. 50 Local and internal roads come under the mandate of the LSG Department, GoK. 75 | P a g e SOCIAL BENEFITS SOCIAL RISKS Physical Displacement of More resilient road infrastructure encroachers and squatters during improvement works Temporary or permanent Time saving, road safety for economic displacement of roadside commuters/ citizens vendors RMMS to create improved Exclusion of tribal habitations due institutional capacities citizens to hilly/ difficult terrain engagement Lack of community participaiton Greater accountability ofvendors during prioritisation / selection of due to improved monitoring road packages Digitial platforms providing Labour influx during repair, greater transparency and resilience, maintenance works information Creation of systems for sharing Risk of gender based violence & feedback and seeking redress sexual exploitation Improved road network and accountabilty in road maintenance Legal Instruments, Policies and Programmes/ Schemes Legal Environment for Road Sector The national and state policies related to the road sector give priority to works related to road and highway repair that improve the safety and wellbeing of the citizens and commuters. The policies create systems for periodic road safety audits, especially for the key chainages and call for time-bound plans to fill safety related gaps and conduct repairs. They also recognize the need to create community awareness on road safety, consulting stakeholders (like LSGs, transport operators, road user groups, others departments, interested parties, etc.) during planning of projects/ alignments and setting up of road tariffs. The policies also call for creating regional highway authorities to guide land diversion or for acquiring lands. From a social perspective the policy has created a road safety authority and a safety fund to promote awareness on road safety, conducting safety audits and taking up physical work to fill gaps coming out of these recommendations. They, however, don’t talk about involving communities or local governments planning roads or even in prioritizing roads to be taken up for construction in a region. Major Sector Schemes There are no major national schemes in the road sector that cover roads other than National Highways. There are funds like the National Bank for Agriculture and Rural Development 76 | P a g e (NABARD) managed Rural Infrastructure Development Fund (RIDF) - currently the XXVIth fund is operational) that provide funds to state governments and local self governments for construction of rural roads and bridges. In the state, in last 2 financial years a large number of roads in the Disaster impacted areas have been funded under the Rebuild Kerala Initiative. Under Phase I of support 322 roads of length 602 kms and in Phase II 670 roads measuring 1024 kms have been identified for repair and construction and are being executed largely by the local governments. Institutions and Capacities to Manage Social Risks There are 2 key departmental institutions around which most of sector investments and engagements are likely to take place. For the first component on Road Maintenance and Management Systems (RMMS), within PWD the key wing anchoring the implementation of the performance based contracts will be its Maintenance Wing. Within PWD the World Bank supported Kerala State Transport Project will be the agency responsible for project management and execution of CRNs. The work related to capacity building of key staff and contractors on RMMS, establishing a Climate Change and Resilience Cell and integrating it in working of the department will be done by the departmental research and training institute called the Kerala Highway Research Institute (KHRI)51. Implementation of works related to maintenance and rehabilitation of the CRN will be done by the Roads, Bridges and Administration Wing of the department, within which the KHRI is located. Institution Functions relevant for Social Management Public Works Department  Responsible for road safety and clearing all structures/ obstructions on and along the road that compromise road safety  Maintenance of roads so that they are safe for commute and transportation  Address grievances of citizens regarding PWD’s road assets, including their usage and conditions  Although this is not standard departmental practice, 51 KHRI’s official mandate includes applied researc h in the field of infrastructure development and conducts trainings for departmental stakeholders on material testing and quality improvement. 77 | P a g e within KSTP a team of safeguards specialists ensures E&S due diligence for all major road packages/ lots tendered and mitigation/ management measures before initiating works. Kerala Highway Research  Undertake trainings and capacity building of Institute departmental stakeholders (staff and contractors/ vendors) on different issues including those related to road safety and road asset management. Assessment of Sector Institutions Being a technical, essentially an engineering department, PWD has historically maintained a limited citizen interface. It is only recently that functions related to RMMS have been assigned to Maintenance Wing of the department.52 These functions include collecting information on all road and related assets through their Division level RMMS units, providing data centrally validated by the State RMMS Cell to the sub division level units for undertaking road maintenance works based on an Annual Road Maintenance Operation Program (ARMOP). Under RMMS there is effort to provide a step-hold for citizens to engage in the process of two-way information sharing and airing grievances. As per RKDP,53 the sector has inadequate capacity to meet the state’s growing demand, with its scattered habitations and predominant dependence on roads for transportation. 54 This primary road network has come under increasing pressure from growing population and rapid traffic growth at around 12-14% annually. It notes that like in many other sectors road sector also faces the problem of multiple institutions lacking coordination. There are different wings for different category of roads (NH/ SH) and many Special Purpose Vehicles (SPVs) to manage road assets like KSTP, Kerala Road and the Bridges Development Corporation -KRBC, Kerala Road Fund Board-KRFB etc., leading to uncoordinated approach for asset development and management. Citizens Engagement-This has been a recent area of attention for PWD, largely coming from the experiences gathered through the implementation of the KTSP- II. It has a Citizens Charter that declares itself to be a joint effort between PWD and its Clients/Asset Users to improve the quality of service. It calls its construction clients to demand accountability, maintenance clients to suggest improved efficiency and the asset users like commuters and road user groups to follow rules, not cause damage to road assets and structure and not engage in or help encroachments or unauthorized use of the roads.55 There is, however, no engagement of community in planning roads and other assets. Current priortisation of roads for construction or maintenance is based on an established departmental system, under which priority is given to roads based on current condition, future estimated traffic volume and urgency of need for repairs/ maintenance.56 Grievance Redressal-The department has a helpline based GRM to address ‘citizen’s grievances regarding PWD assets, their usage and condition, which is essential for effective 52 GO No 68/ PWD/2020, dated 16.10.20 53 RKDP Master Document https://rebuild.kerala.gov.in/reports/RKDP_Master%2021May2019.pdf 54 State roads caters to 75% of freight and 85% of passenger traffic 55 In recent years various institutions/wings of PWD have sought to seek community participation by seeking suggestions on road safety as well as seeking involvement of local communities, NGOs, and other stakeholders in road safety projects, eliciting collaboration with CBOs and road user groups. 56 GO No 68/ PWD/2020, dated 16.10.20 assigning new responsibilities to Road Maintenance Wing 78 | P a g e governance.’ It has a dedicated “Grievance Redressal Cell” (GRC) which looks at all complaints lodged by citizens about roads, bridges and their status/ condition. Each grievance is allotted a unique registration number and status of grievances can be tracked using this unique number. The status of grievances and pendencies are also reviewed on a monthly basis by the minister.57 However, there is no data in the public domain on the number of grievances received and redressed by the department over given period. Land Management- The state has a robust system for land procurement and acquisition that is in sync with the national law and World Bank E&S policy. The Kerala Highway Protection Act, 1999 also provides the newly established regional highway authorities with the authority to procure land either through acquisition or negotiation following legal prescription. The department, however, in practice does not recognize the rights of encroachers / street vendors and seeks to take legal action against roadside vendors and shopkeepers who encroach roads and sidewalks and undertake eviction against all encroachments on / alongside roads that inconvenience vehicular or pedestrian traffic and obstruct the implementation of development activities. It seeks to take help from the law enforcement agencies to remove such structures.58 Gender and Social Inclusion-The department has adopted systems for ensuring adherence to Environment, Social Health and Safety (ESHS) standards in all road construction and maintenance contracts, irrespective of the funding source, whether externally aided or in- house, although in case of externally aided road packages/ lots the provisions are even more elaborate.59 The contractor requirements include undertaking E&S due diligence, undertaking impact assessments and preparing management plans to manage risks/ adverse impacts.60 In terms of physical tasks, the standard bids for contractors seek fair labour management practices and working conditions as per ESHS and national policies, steps and facilities to ensure community and occupational safety of project workers, fairness in land procurement following prevailing national practices and due process for compensation and rehabilitation, seeking free prior informed consent from tribal/ indigenous communities in impacted project areas. In order to ensure compliance to the ESHS standards, the department provides for the contractor to furnish a performance security to dis-incentivize non-compliance. The standard bids also seek the furnishing of an undertaking or a Code of Conduct extending compliance with ESHS to contractor staff as well as sub-contractors. Institutional Assessment – State level systems As seen in the detailed assessment of the state level institutions in the section on Agriculture, state level institutions mandated for social management – citizens engagement, grievance redress, inclusion of vulnerable and socially excluded communities- offer adequate social safeguards, by ensuring citizen’s engagement at various levels, providing a state wide system of grievance redress, securing the interest of women and ensuring their inclusion in schemes 57 https://www.pwd.kerala.gov.in/Grievances 58 Government Order - CE Roads/General-3/2020-21 regarding ‘Eviction of Illegal Constructions and Encroachments on Roads under Public Works Department’ (rough translation) 59 1) Standard Bid Document For Procurement of Works Upgradation of Alappuzha-Changanassery Road into Semi Elevated Highway; 2) Output And Performance Based Road Contract (OPBRC), Bidding Documents - Contract no. KSTP/OPBRC –03 for the Maintenance of Roads under Package - 03 in Kollam, Alappuzha, Pathanamthitta Kollam- Ayoor, Kayamkulam-Mavelikkara-Thiruvalla Districts; 3) Bidding Document for Procurement of Works with Financing from KfW Bank for Rehabilitation and Up gradation of Mallapally… TMV Road (Length 23.129 km) in Pathanamthitta District 60 Alternatively, Management Strategies and Implementation Plans (MSIP) to manage ESHS risks. 79 | P a g e and programmes through an enabling policy and legal architecture, thus providing for their protection from exploitation and abuse. (Kindly refer to state level institutional assessment in the chapter on Agriculture sector for more details on state level systems) Program System Consistency with Core Principle Core Principle Social Assessment Core Principle #1: Program E&S The sector institutions/ department have low social management systems are capacities primarily owing to their technical focus. designed to (a) promote E&S However, owing to continued engagements with the Bank sustainability in the Program in the road sector (KSTP I & II, Resilient Kerala Program design; (b) avoid, minimize, or Development Policy Loan)61 the Bank has been able to mitigate adverse impacts; and (c) orient the organisation towards a more accountable and promote informed decision- socially sustainable working. This is notwithstanding the making relating to a Program’s fact that departmental decision making is still largely E&S effects inward-looking and driven entirely by technical considerations, with no social considerations; case in point being prioritizations of roads to be selected for maintenance and repair being driven more by estimated volume of future traffic and present road condition rather than the need for reaching out to remote, inaccessible, tribal habitations. Considering the likely social risks related to land management and treatment of encroachments and squatters, sector/ state institutions need to be oriented to ensure fair resettlement of non-titleholders, including squatters and encroachers as per Bank policy. Although the department has a dedicated departmental GRM and a new upcoming digital platform based GRM (under RMMS), it needs to be more accessible and transparent in order to build the trust of citizens/ users to access them for registering grievances. Core Principle #2: Program E&S The operations in this sector do not support activities that management systems are may have an impact on the religious or cultural resources designed to avoid, minimize, or of communities. mitigate adverse impacts on While works will be on existing alignments, any works of natural habitats and physical road expansion or modification in the RoW or existing cultural resources resulting from roads that adversely impact or infringe on community the Program. Program activities conserved areas/ sacred groves of indigenous that involve the significant communities will have to be excluded. conversion or degradation of critical natural habitats or critical physical cultural heritage are not eligible for PforR financing. Core Principle #3: Program E&S The safety of workers/ labour management will be management systems are secured through effective contractor management. designed to protect public and There is expected to be large scale mobilisation of non- 61 Packages commissioned under First Resilient Kerala Program Development Policy Loan 6463-IN& 6464-IN 80 | P a g e worker safety against the local (inter–state) labourers for nearly 200 kms of road potential risks associated with maintenance, repair contracts in the Pamba Basin (a) the construction and/or districts. This will require development of elaborate operation of facilities or other Covid-compliant Labour Management Plans by the operational practices under the contractor to ensure worker and community safety. Program; (b) exposure to toxic Labour mobilisation is also expected to pose influx related chemicals, hazardous wastes, risks for host communities, especially considering that the and otherwise dangerous state has dispersed, low population settlements, which materials under the Program; further reduces the absorptive capacity of communities. and (c) reconstruction or Adequate measures will need to be in place, including rehabilitation of infrastructure orientation of labourers on the Worker Code of Conduct located in areas prone to natural and community awareness on labour influx related risks. hazards Core Principle #4: Program E&S Although state systems for land acquisition are closely systems manage land acquisition aligned with the national and bank policies, there is and loss of access to natural divergence in the treatment of encroachments and resources in a way that avoids or squatters. While the department in practice calls for legal minimizes displacement and action and eviction of such structures and occupants, the assists affected people in bank policy calls for suitable rehabilitation and improving, or at the minimum compensation. restoring, their livelihoods and Considering the nature of operations (PforR), all road living standards. repair and maintenance works along specific alignments requiring large scale resettlement of persons and removal of structures (impacting more than 50 PAPs) will be excluded from the list of investments. Core Principle #5: Program E&S Roads planned for expansion and improving connectivity systems give due consideration to tribal habitations are likely to be socially beneficial by to the cultural appropriateness improving access, leading to better rescue -relief to tribal of, and equitable access to, communities during disaster events and hence slightly Program benefits, giving special better resilience. Usually such habitations get excluded as attention to the rights and tribal / indigenous communities live on the uplands/ hilly interests of Indigenous terrains which are the last landscapes to be picked up for Peoples/Sub-Saharan African road construction62 owing to difficulty of road Historically Underserved construction (costs and clearances) and convenience. Traditional Local Communities, There is risk of exclusion of tribal communities & women from and to the needs or concerns of prioritization of roads needing urgent expansion , restoration vulnerable groups. and maintenance as departmental systems look at it from technical perspective rather than adding an inclusion lens to the decision making. Core Principle #6: Program E&S The nature of program investments is such that they are systems avoid exacerbating not likely to lead to or exacerbate social or resource social conflict, especially in conflicts. fragile states, post-conflict areas, or areas subject to territorial disputes. 62 Of the 15 road packages selected under OPBRC works by KSTP, only 3 are for hilly terrains 81 | P a g e Stakeholder Consultations and Disclosure Stakeholders identified for consultations around this sector are mapped in the comprehensive stakeholder map prepared for the program. (Annexure B) These include departmental functionaries at the state, district, sub-district and Panchayat / Municipal levels, as also line and support agencies and training institutions, apart from elected leaders, activists, Chairperson and Vice Chairperson of the CDS. They also cover user groups and community institutions formed around areas/issues where the sector investments are likely to occur. These consultations are aimed at understanding the current chain of implementation of schemes/ projects in these respective sector institutions, assess the existing social capacities and procedures adopted by them, to see how social issues related to inclusion, access, equity in benefit sharing, participation, transparency/ accountability in sectoral planning and implementation are addressed by them and the gaps that exist therein. These consultations also aim at assessing from the point of view of the service providers/ duty bearers as well as communities, user –groups and service recipients the quality and inclusiveness of services, especially for the vulnerable groups- single women, SCs/ STs, landless/ asset-less, elderly, People with Disabilities (PwDs) and migrants. As shared in the section on ESSA methodology, consultations with stakeholder were facilitated by Kerala Institute of Local Administration (KILA) at the state and in the Pamba basin districts. The following key inputs have been received from these stakeholder consultations and have been used to further inform this systems assessment. Inputs from State Consultations  In most cases, when doing road widening or road construction, no land is available. Most projects are delayed due to the process of acquiring land. When land needs to be acquired PWD informs the Revenue department about the requirement, based on which land is acquired by the government and compensation paid by the state.  Road to be repaired under RKP are usually selected by Kerala Infrastructure Investment Fund Board and PWD has no role in them. For CRN roads costing more than INR 150 million, PWD has a dedicated cell to assess social and environmental impacts, and such roads need to get approval by this cell.  PWD does not directly hire labour for work and these works are tendered. It is the contractor’s responsibility to take measures for labour management and guiding their working conditions, including managing labour influx and their impact in terms of local distress, Gender Based Violence (GBV) and Sexual Exploitation and Abuse. PWD doesn’t include any of these issues in their norms while tendering road works.  Although norms for occupational and worker safety are in place, there is scope for strengthening the monitoring mechanisms and guidelines related to them. Inputs from Community Consultations  LSGD implemented road packages (rural roads) are allowed only after Gram sabha level consultations after which Panchayat gives approval. In case of rural roads they are given an opportunity to put forward a priority list for construction in their jurisdiction. In case of PWD roads, there is no discussion or role of GPs in prioritization of roads to be constructed. Most ULB representatives also said they were not sure about their involvement in prioritization of new road packages.  More than public interest, technical and other considerations influence road package selections and this need to be replaced by a more democratic system. Community members are unaware of the criterion used for prioritizing roads by the PWD. 82 | P a g e  When acquiring land for road construction the impact on factors like environmental and culturally sensitive areas, public utilities and individual livelihood are considered, but participation of local community in these consultations is minimal. Community stakeholders suggested that panchayat should be consulted before selecting road package, to ensure that roads are adequate and suited for versatile needs of the area.  Most stakeholders were unaware if any risk screening was conducted before announcing road packages and if PWD had sufficient capacities to conduct such social screenings. Although PWD officials claimed participation of people in risk screening for development of roads and selection of packages, the community members were unaware of such instances.  During road construction or maintenance PWD should take care that the livelihoods of nearby SC/CT and other households are not affected by road construction. The LSGs should monitor road construction in their jurisdiction and also ensure that livelihoods are not impacted during construction phase. There is a need to increase transparency in the system of road construction and use of participatory approach.  Regarding grievance redress mechanism within the PWD, participants are not aware of any such measures and believe that there is only legal recourse through the judiciary; they suggested that PWD staff be given training on grievance redressal and general awareness be created about their GRM. The draft ESSA report will be disclosed on the website of Resilient Kerala Initiative (RKI- RKDP) and on the World Bank external website for comments and feedback and will be finalized after incorporating the suggestions received from the stakeholders. Gaps and Recommendations 1. The department uses technical parameters to assess the need for improved roads along a specific alignment, based on the present condition of the road and future vehicular traffic. There is need to have a more participatory and broad-based approaches involving wider consultation in deciding which alignments in a region need to be prioritized for maintenance based on requirements of local residents. This needs to be done by adoption of greater transparency, through participation of local communities, who are also commuters and users, local governments, civil society/ NGOs and decision on prioritization of roads needs to be optimized using technical as well as access related parameters for screening and selection of alignments. 2. The department has a GRM but needs to be bolstered to make it more accessible and transparent. Right now the level of efficiency that the system has reached can’t be assessed as the information on grievances received and redressed is not available in public. However, bolstering of this mechanism complemented by the RMMS based GRM and citizen access will significantly improve the citizen engagement of the department, make its operations more transparent as well as accountable while at the same time building the trust of citizens/ users to access them for their registering grievances. 3. Land and labour management practices of WRD need to be aligned to the Banks requirement, especially in relation to its treatment of non- titleholders (encroachments, squatters) and labour/community safety issues. In the present PforR operation due consideration will need to be given to treating such occupants as per the Bank policy, avoiding any works/ road modernization works that involve large scale economic or physical displacement of individuals and families. The PWD tender documents also need to address risks and issues related to GBV, SEA and labour influx through inclusion of related contractual obligations and mechanisms for monitoring these obligations. 83 | P a g e Social Protection and Disaster Risk Financing As per the multi agency Post Disaster Needs Assessment (PDNA) undertaken in August 2018, in the aftermath of floods and landslides in Kerala, total estimated loss of person-days and wage loss for female workers (casual, regular and self-employed) was INR 13,579 million. At least 3,550 Kudumbashree women entrepreneurs were adversely affected as their microenterprise units, set up using loans amounting to INR 7.80 crore suffered losses. Similarly, over 130 fishing enterprises supported by Society for Assistance to Fisherwomen (SAF) with 400 women members were affected, requiring compensation of INR 16 million. Despite the large pool of social protection schemes implemented by the state to reduce vulnerability and exclusion following the floods, there were instances where compensatory mechanisms did not work effectively to reach out to neediest. Discussions in tribal colonies in Wayanad and Malappuram suggested that many families were not in the beneficiary list for compensatory financial aid, in other cases tribal families reported not receiving full compensation. There were SC and ST families who did not receive cash assistance due to poor understanding of norms for eligibility, bringing out the deficiencies in the safety net. In addition, there is low awareness in the state and the country about the use of insurance as a mechanism complementary to social protection for creating risk resilience among vulnerable households. This is largely due to low literacy levels among farming communities as well as high fragmentation of landholdings. Program Description The proposed interventions for this sector fall into 2 categories: I. Social Protection- which aims to bring together entitlements and benefits provided by various national and state social protection schemes under a single roof- as a unified registry of all social security schemes. This is to be done by developing a single, harmonised state level beneficiary database63, based on eligibility and entitlements, so that these entitlements can be delivered more efficiently- by removing errors of exclusion as well as inclusion (duplication) from the database and timely- through the system of Direct Benefit Transfer (DBT). The idea is to create a proactive and responsive registry that can be used to transfer financial aid in the immediate aftermath of an event and even in anticipation so that people are equipped with financial resources to initiate disaster response and recovery immediately-(improve post-disaster payout procedures for relief, response and reconstruction). This could also be used in case of the disease or pandemic outbreak to access health insurance provided by government schemes. II. Disaster Risk Finance- This is aimed at supporting the state to develop an integrated disaster risk financing strategy, financing investments in resilience and by increasing the coverage and effectiveness of agriculture insurance program in the Pamba Basin districts. In addition, this subcomponent also entails supporting state to raise resources from market to meet the post disaster funding gap for disaster response and reconstruction needs 63 Pooled by different government agencies that have been operating their respective entitlement delivery schemes independently. 84 | P a g e Expected Social Effects of the Program The proposed interventions are likely to enhance the efficiency of delivery of public benefits and entitlements under different social protection schemes, benefit the poor and vulnerable, who are largely targeted by such schemes. The harmonisation of entitlement and eligibility databases of the state and bringing it on a single platform is also likely to improve the inclusiveness of this database/ registry. The crop insurance schemes are also likely to improve disaster and climate resilience in agriculture, especially for the smallholders, if the accompanying eco-system becomes more responsive to the farmers. Benefits and Risks Potential Benefits The program investments are likely to create improved access to entitlements and benefits under different social security schemes and also provide efficient and timely delivery of entitlements (like disability/ old-age/ widow pensions, school scholarship, medical aid, financial-aid for relief and reconstruction, including those like old-aged, PwDs who are critically dependent on social protection schemes for survival.64 This is also likely to increase the inclusiveness of schemes, allowing for improved entitlement access to women, poor and the marginalised for whom most of these schemes are targeted. Improved awareness among the farmers about crop insurance and its benefits as a mechanism for private/ individual risk financing, especially in Pamba Basin, which is particularly vulnerable to disaster events) and its adoption among farmers is likely to lower the overall risk of income loss due to weather and other events.65 Potential Risks There are risks of errors of exclusion with households getting dropped during the process of unification of database/ registry. There is also very low awareness among members of vulnerable communities, migrants, especially SC & ST about their eligibility for entitlements and the process to be adopted (evidences and documents) for establishing eligibility for social protection schemes. Global precedents show that there is risk of increased gender based and intimate partner violence if benefits are transferred into the accounts of female family members as it disturbs the intra-household power structures and assigned gender roles. This gets exacerbated in fishing communities where incidence of alcoholism and domestic abuse are already very high. There are also likely risks of exclusion of coastal fishing communities from getting disaster preparedness related social protection entitlements owing to their overall low awareness and access to public services. The crop insurance scheme leads to the exclusion of a large number of farmers, particularly from the SC & ST due to their status as tenant or share croppers66 and lack of unclear land titles and low awareness.67 Most crop insurance schemes are exclusionary by design as only those who access formal institutional credit and grow specific notified crops in a region,68 are 64 As a first step nearly 89 national and state schemes have been identified for convergence, harmonization under this sector investment. 65 Under Restructured Weather Based Crop Insurance Scheme (RWBCIS), in Kharif 2018 season, 19,103 farmers were insured covering an area of 13,469ha. 66 The new restructured state scheme allows farmers cultivating leased lands. 67 Ministry of Agriculture Annual Report 2017-18- Two-thirds of farmers surveyed during audit were not aware of crop insurance schemes. 68 Eligibility criteria for getting insurance in most crop insurance schemes 85 | P a g e covered, which in most cases excludes tribal and women farmers. In many instances women in agriculture lack land ownership, formal land titles or have very small land parcels, or grow non- notified crops aimed at subsistence and household food security, restricting their access to such schemes. They also exclude the landless and marginalized who access informal credit and for whom the proportionate cost of accessing insurance is very high.69 SOCIAL BENEFITS SOCIAL RISKS Risk of exclusion of households during Improved efficiency in the delivery the database consolidation and de- of public benefits and entitlements duplication Enhanced and timely access for Low awareness among vulnerable poor & vulnerable- especially those about their eligibility & process of critically dependent establishing it for schemes Improved awareness among Exclusion of tenants & those not farmers about crop insurance as a accessing formal credit from crop risk mitigation mechanims insurance schemes Denial for those with unclear land Lowers risks of income loss due to ownership/ titles like women and crop failure or productivity losses tribal farmers Risk of exclusion of migrant workers due to lack of awareness Risk of Dometic Violence as money deposited with female member disturbs power structure. Legal Instruments, Policies and Programmes/ Schemes Social Protection - Other than policies and programmes that promote inclusion in schemes and programs of the state there are no specific policies or legal instruments that create an enabling environment for improved governance of social protection schemes. Likewise there are no schemes that create a motherboard to which the program investments will be pegged. This will entail getting multiple institutions to share and converge their respective databases and schemes and bring them under a single commonly agreed umbrella nodal institution, which will then manage the unified registry. Crop Insurance – While the national and state policies talk about creating resilience in agriculture, they lean more towards adoption of climate resilient agricultural practices and talk less about use of insurance as a measure for management of farm risks. 69 The uptake of crop insurance remains less than 10% across the State- RKDP Master Document 86 | P a g e Major Sector Schemes For social protection of the fisher folk, fisheries department is running a savings scheme during lean season wherein active fisher folk get regular support as welfare during May-July and this benefits approx. 2.42 active inland and marine fisherfolks. This is over and above the social protection and benefit schemes operated by the State Cooperative Fderation of fisherfolks- MATSYFED, including group insurance. There are two major schemes around crop insurance, the national scheme - Pradhan Mantri Fasal Bima Yojana (Prime Ministers Crop Insurance Scheme), and state scheme - Weather Based Crop Insurance Scheme (WBCIS). Despite the presence of both schemes, the combined present outreach is limited to less than 10 percent of the farmers70- mostly the medium and large land owners. While the national schemes covers very select crops grown in the state like paddy, banana, tapioca and plantain, the state scheme WBICS also covers farming collectives like the Padasekharams and has a larger crop coverage- paddy, arecanut, pepper, ginger, sugarcane, turmeric, cardamom, pineapple, banana and nutmeg, although this additionality covers spices and plantation crops, which are usually grown by better off farmers.71 Institutional Systems and Capacities to Manage Social Risks There is no existing institutionalized structure for the delivery of social protection schemes. However, for registry unification, the food entitlement database for the Public Distribution System (PDS) which is prepared and maintained by the Department of Food and Civil Supplies is proposed to be used as the starting point for converging all other entitlement databases.72 This is because PDS is by far the most comprehensive, updated and inclusive database in any state and in Kerala has been seeded with / linked to Aadhar (the National Social Security number) in the case of more than 80 percent households. Along with the PDS, the database of Ayushman Bharat73 (national health insurance scheme for vulnerable- which is comprehensive) will be merged as a first step towards data integration. The unified social protection payment system under the current operation is aimed at ensuring relief payments to the bank accounts of female head of eligible families, to be piloted through the coastal fishing communities, which is expected to increase women’s autonomy, their social status within family as well as their ability to decide the priorities on which these funds would be spent. On the flip-side, it is also likely to exacerbate domestic violence due to risks of changes in intra household power structure unless social capacities of the implementing agencies are augmented to handle these likely social impacts. Department of Food and Civil Supplies (F&CS) will thus be the primary provider of database for the unified registry, while Department of Revenue (DoR) is likely to be the nodal agency for use and maintenance of the database.74 DoR will collect data from other agencies implementing social security schemes- like Department like Agriculture, Fisheries, KSDMA- to create a combined database of vulnerable population after mapping individual and household 70 This is despite the fact that crop insurance is compulsory for those accessing institutional credit under the government scheme 71 GO No 15465/18 on Restructured Crop Insurance Scheme- 2018-19 Working Instructions 72 The state PDS database has nearly 9 million beneficiaries. 73 Ayushman Bharat is the National Health Protection Scheme attached of Ministry of Health and Family Welfare. Under it the Pradhan Mantri Jan Arogya Yojana (PM-JAY) has the benefit cover of ₹5 lakh per family per year. Target beneficiaries are expected to be 10 crore families belonging to poor and vulnerable population. 74 This is owing to DoR being the lead agency for disaster risk management and coordination 87 | P a g e characteristics/ eligibilities/ asset ownership.75 Although the detailed institutional mechanism for implementation is being developed, responsibility for updating and validation of the database is likely to be with LSGD, along with CBOs and other collectives. In addition, Information Kerala Mission (IT Mission of GoK) and state office of National Informatics Centre- NIC are likely to provide technical support to the department of Revenue (providing software for integration of databases) and also work towards ensuring privacy and protection of this vast data that will be used by multiple institutions for delivering their respective social schemes. For crop insurance, the primary responsibility within DoA wrest with the Krishi Bhawan, which along with the LSGD is responsible for registration, fixing of premium, policy issuance and payment of compensation, with the district officials responsible for verification of applications and compensations and oversight. Assessment of Sector Institutions There is no established institutional structure for the unified social protection database and is likely to be created within the department of revenue. The Department of F&CS has a very active citizens engagement as it is responsible for monthly delivery of food entitlements to the citizens (heavily subsidized food rations to the poorest and vulnerable/ destitute) and partially subsidized to less poor and those above the poverty line)- serving a majority of the state population through its ward and Panchayat level Fair Price Shops. It has a Citizens Charter, 14 notified services under the Right to Public Services and also a functional GRM to address grievance related to the functioning of Public Distribution System with provisions for online filing of complaints76 and tracking them or submitting grievances through tele- helplines. It also operates an e-Ration Card Management Services77 under which people can submit applications for inclusion in the PDS either directly or by using the services of Akshaya Common Service Centers. As shared in the sector assessment on Agriculture, Krishi Bhawans as the grassroots institution is vastly overstretched and understaffed. Comptroller and Auditor General ,while evaluating the crop Insurance scheme, noted that Grievance redressal systems and monitoring mechanisms for speedy settlement of farmer’s complaints at GOI and state government levels were inadequate and observed that ‘despite provision of large amount of funds under the schemes to private insurance companies, there was no provision for audit… even though WBCIS provided for an oversight agency…. Monitoring of the schemes by GOI, state governments and implementing agencies (of the schemes) was very poor’.78 Institutional Assessment – State level systems As seen in the detailed assessment of state institutions in the section on Agriculture, institutions mandated for social management – citizens engagement, grievance redress, inclusion of vulnerable and socially excluded communities- offer adequate social safeguards, by ensuring citizen’s engagement at various levels, providing a state wide system of grievance redress, securing the interest of women and ensuring their inclusion in schemes and programmes. (Kindly refer to state level institutional assessment in the chapter on Agriculture sector for more details) 75 The current PDS database records information around 88 household parameters and 34 individual parameters. 76 http://pg.civilsupplieskerala.gov.in/ 77 https://ecitizen.civilsupplieskerala.gov.in/index.php/c_login 78 Ministry of Agriculture Annual Report 2017-18 88 | P a g e Program System Consistency with Core Principle Core Principle Social Assessment Core Principle #1: Program E&S The investments are aimed at better disaster management systems are preparedness by improving efficiency in delivery of public designed to (a) promote E&S entitlements and benefits under different social security sustainability in the Program schemes and supporting risk financing in agriculture as a design; (b) avoid, minimize, or measure to increased resilience of farmers. mitigate adverse impacts; and (c) promote informed decision- However the issues of exclusion of marginal, women and making relating to a Program’s tribal farmers from accessing crop insurance and lack of E&S effects enabling local ecosystems, including institutional capacities remains a concern and a reason for low off take. There is also risk of exclusion of fishing communities from pre-disaster safety nets and also risk of increased gender based violence entitlements are aimed to be delivered into accounts of female members of the household. Core Principle #2: Program E&S The operations in this sector do not support activities that management systems are may have an impact on religious or cultural resources. designed to avoid, minimize, or mitigate adverse impacts on natural habitats and physical cultural resources resulting from the Program. Program activities that involve the significant conversion or degradation of critical natural habitats or critical physical cultural heritage are not eligible for PforR financing. Core Principle #3: Program E&S Proposed investments involve working with government management systems are staff and employees who are governed by national/ state designed to protect public and laws and protected by service rules and policies from worker safety against the abuse, and exploitation. potential risks associated with (a) the construction and/or A majority of government functionaries in the state are operation of facilities or other women, including those involved in agriculture extension operational practices under the and at Krishi Bhawans responsible for creating awareness Program; (b) exposure to toxic and outreach for crop insurance schemes; legal policy chemicals, hazardous wastes, framework offer reasonable safeguards to ensure safe and otherwise dangerous working conditions for women employees. materials under the Program; and (c) reconstruction or rehabilitation of infrastructure located in areas prone to natural hazards Core Principle #4: Program E&S No investments are planned that may lead to physical or systems manage land acquisition economic displacement of communities or individuals and loss of access to natural - whether temporary or permanent in nature. resources in a way that avoids or 89 | P a g e minimizes displacement and assists affected people in improving, or at the minimum restoring, their livelihoods and living standards. Core Principle #5: Program E&S Creation of a unified state level database of ‘eligible’ systems give due consideration linked to their respective entitlements is likely to benefit to the cultural appropriateness the poor and vulnerable. Since this reconfiguration of of, and equitable access to, social security entitlements is aimed at improved Program benefits, giving special efficiency and timeliness of delivery, which is crucial for attention to the rights and some constituencies (like old aged, PwD, single women) interests of Indigenous who in many cases depend on these social security Peoples/Sub-Saharan African schemes for food security and survival- it is likely to Historically Underserved provide timely and improved access to schemes/ benefits, Traditional Local Communities, including those for indigenous communities. and to the needs or concerns of vulnerable groups. Crop insurance is, however, likely to lead to exclusion of smallholders and those with unclear land titles (women and tribal producers), sharecroppers in case of national schemes and also those who don’t access credit from formal institutions. Coverage of only certain crops notified for a given region and high transaction cost of taking insurance for marginalised landholders are other reasons that dissuade farmers from treating crop insurance as a risk mitigation measure. Core Principle #6: Program E&S The nature of program investments are likely to reduce systems avoid exacerbating vulnerability and create systems to improve their social conflict, especially in resilience during normal times and in the event of fragile states, post-conflict areas, disasters and as such is not likely to lead to social or areas subject to territorial conflicts. disputes. Stakeholder Consultations and Disclosure Stakeholders identified for consultations around this sector are mapped in the comprehensive stakeholder map prepared for the program. (Annexure B) These include departmental functionaries at the state, district, sub-district and Panchayat / Municipal levels, as also line and support agencies and training institutions, including chairman and vice chairman of the municipalities, SHG members, PHC workers and teachers. They also cover user groups and community institutions formed around areas/issues where the sector investments are likely to occur. These consultations are aimed at understanding the current chain of implementation of schemes/ projects in these respective sector institutions, assess the existing social capacities and procedures adopted by them, to see how social issues related to inclusion, access, equity in benefit sharing, participation, transparency/ accountability in sectoral planning and implementation are addressed by them and the gaps that exist therein. These consultations also aim at assessing from the point of view of the service providers/ duty bearers as well as communities, user –groups and service recipients the quality and inclusiveness of services, especially for the vulnerable groups- single women, SCs/ STs, landless/ asset-less, fisherfolks, elderly, People with Disabilities (PwDs) and migrants. 90 | P a g e As shared in the ESSA methodology, consultations with stakeholder were facilitated by Kerala Institute of Local Administration (KILA) at the state and in Pamba basin districts. The following key inputs have been received from these stakeholder consultations and have been used to further inform this systems assessment. Inputs from State Consultations  Department of Revenue will be the nodal for social registry, although by mandate and expertise LSGD is best placed to implement this piece in partnership with Information Kerala Mission.  Main focus is to ensure inclusion of S&M farmers, livestock owners etc and hence attention is needed to frequently update this database and Panchayat listings.  Information Kerala Mission is providing software and e-governance services for the social registry and demographic data of volunteers is being mapped on a pilot basis for use during disaster events.  The current challenge is to ensure privacy of this huge state level database. Ideally, total integration of data is not required; if the data system allows integration and is loosely coupled it will help unification and help protect data integrity. Once the state has an open data policy in place it will allow for data integrity and data protection. This will be first step towards data unification for a common social registry.  Access and inclusion issues can only be resolved by creating larger awareness, as some like tribals and fisher folks get left behind. One solution is to ensure their regular participation in Gram Sabhas by mobilizing them through social workers/ volunteers and monitoring by Ward level working groups to ensure that no one is left behind.  A new Fisheries Information Management System (FIMS) is being set up to centralize data on state fisher-folks. This will be updated every year and all related schemes will be moved to FIMS, which is targeted, more transparent and accountable.  Department of Agriculture compensates for crop loss through its IAMIS portal and farmers registered on the portal are eligible for compensation against crop loss, subject to submission of documents and evidence. These are then validated by AOs.  Under the National Food Security Act (NFSA) subsidized food-aid is provided through PDS. In the PDS database inclusion of vulnerable communities are ensured through an organic system of periodic updation.  There is GRM at every district where a monitoring committee is constituted to see if complaints are genuine and then direct them to concerned Panchayats. GRMs are accessible to general public and most services can be accessed online either directly or through Akshaya centers, from where scheme information can also be accessed. Inputs from Community Consultations  Social protection benefits are currently being received by most eligible citizens, although there are some exclusion errors that get rectified from time to time. If there is any exclusion, then ward council members and civic volunteers, supported by other community members, regularly screening and validate the database to ensure inclusion of all those eligible.  There is good coverage of pensions and PDS in Panchayats as most eligible persons and households are receiving benefits. There is scope for making the procedure to access PDS and pensions entitlements (like farmers pensions) simpler, widen access and provide grievance redress through pension adalats (pension courts), which are still in planning phase. Inclusion of people in government schemes is mostly facilitated 91 | P a g e by elected representatives, frontline workers, Kudumbashree members and ASHA workers.  In some GPs the scheme for risk finance of fishermen is not being implemented as duty bearers are not awareness about the scheme. In some districts Fishermen Risk Finance is being implemented in the Panchayat through Kerala Fishermen's Welfare Fund Board (KFWFB).  Crop insurance is only given when loss is caused by breakage of embankments, while in case of simple flooding, insurance is not provided and hence is considered unreliable by farmers. On a positive note, crop insurance is being utilized by some farmers, although the present system needs modification in its eligibility criteria for more farmers to receive insurance payouts.  In some districts farmers are getting crop insurance payouts (although slightly delayed) after the process was made online-esp. for those with smartphones. The intermediaries and insurance agents benefit the most at present, therefore, it is important to increase awareness and insurance benefits so that benefits reach farmers directly. S&M farmers face a variety of risks, such as crop loss due to pests, wild animals, natural disasters and present insurance coverage is inadequate to cover these losses. The process needs to be simplified. The draft ESSA report will be disclosed on the website of Resilient Kerala Initiative (RKI- RKDP) and on the World Bank external website for comments and feedback and will be finalized after incorporating the suggestions received from the stakeholders. Gaps and Recommendations I. Social protection schemes are mainly accessed by those who are most vulnerable to disaster events and shocks in the society- including elderly, PwD, single women, children, patients, victims of violence and abuse, transgenders as well as fishing communities. Any transition to a new or unified system of benefit/ entitlement delivery is likely to increase the susceptibility of eligible beneficiaries to exclusion during portability79 unless it is accompanied by strengthening capacities of participating institutions in the area of citizens engagement (for making scheme participation more inclusive and norms simpler), awareness generation (to create awareness about schemes, their eligibilities and process for accessing them) and accountability. This is crucial due to the critical dependence of many members of marginalized groups on these entitlements for basic survival and food security. II. As seen in the assessment above, there is a need to create an enabling and accountable eco-system around crop insurance schemes to expand awareness, eligibility and coverage of crop insurance. This will require structural changes in existing schemes to make the process of beneficiary identification more inclusive, through expansion of the eligibility criteria for receiving crop insurance. The process of delivering insurance, estimation of premium and the processing of claims esp. for S&M farmers needs to be made more transparent and timebound with strong local Panchayat and departmental oversight. III. A. While PDS has a strong and effective grievance redress system, since the unified registry may be located in the Department of Revenue, it will be important to create a strong GRM for the nodal institution managing the registry, considering the sensitive 79 Considering that old schemes like PDS still suffer from errors of exclusion, despite lot of effort being devoted nationally and individually by states to ensure inclusion of all eligible households. 92 | P a g e nature of entitlements handled, along with the need to maintain the integrity and privacy of the data being managed. Taking the effective elements of GRM currently being used for PDS by the state– like the use of multiple media for receiving grievances, allowing citizens to apply for entitlements directly as well as through CSCs- the new redress system will need to be simple, accessible and large scale efforts will be needed to create awareness around it, considering that a majority of state population, including the most vulnerable, will receive different entitlements through this registry. IV. B. The GRM for crop insurance also needs to be strengthened as part of the process of eco- system strengthening. Although there are centralised and toll free numbers for national crop insurance schemes, they are not well publicised and are unable to address simple farmer queries and such grievances are not tracked leading to their low credibility and low usage. A traceable, time bound system with features for escalation is required to make grievance redress around crop insurance more credible and accountable. 93 | P a g e Fiscal Reform As per the Post Disaster Needs Assessment done in August 2018 it was estimated that the state will require nearly 13621 crores to cover damages & losses and nearly 15,659 crores to meet the recovery needs across infrastructure sector and utilities. 80 GoK has promised a Resurgent Kerala Loan Scheme (RKLS), which is an interest free loan scheme to provide immediate financial support to flood affected families, separate funds for 25 special programs under the Nava Keralam (New Kerala) Project for rebuilding the state with Rs. 2.5 billion earmarked for affected panchayats, apart from a number of schemes sanctioned under RKDP.81 However, there still exists a significant funding gap that needs to be addressed apart from the need to set aside funding for disaster response, resilience and climate adaptation. This required a ‘greater focus on revenue enhancement, more prudent debt management and improved quality of public expenditures.’82 Program Description The investments and activities proposed under this sector include development of a debt management plan to produce quarterly/annual debt forecasts/ updates related to debt management and undertaking a feasibility study on debt restructuring options and implementing its recommendations, considering the fiscal implications of recent natural disasters and COVID-19 pandemic Expected Social Effects of the Program Restructuring of the public debt and more prudent debt management planning is likely to lead to more efficient use of resources and availability of additional development resources to meet the poverty reduction needs of the state. No adverse social impacts or risks are likely to emerge from the activities proposed as part of fiscal reform in the state. Legal Instruments, Policies and Programmes/ Schemes The state policies call for efficient and responsive systems for management of public finances, although they don’t address social risks related to handling of public resources. Institutional Systems and Capacities to Manage Social Risks The department of finance will be responsible for these sector investments related to debt management planning and restructuring, although they don’t have any specific/ relevant social management functions related to debt management and have no public interface- as their primary responsibilities are around financial management, budgetary planning, allocation and coordination. Since the proposed investments don’t carry any likely social risks, no social management is expected to be required. Program System Consistency with Core Principle Core Principle Social Assessment Core Principle #1: Program E&S management systems The operations in this sector are are designed to (a) promote E&S sustainability in the likely to improve financial Program design; (b) avoid, minimize, or mitigate management in the state and are 80 Funding needs of Infrastructure Sector, Post-Disaster Reconstruction, PDNA August 2018 81 GoK had accorded Administrative Sanctions (AS) to RKDP schemes worth ₹677.92 crore by December 10, 2019. 82 RKDP Master Document https://rebuild.kerala.gov.in/reports/RKDP_Master%2021May2019.pdf 94 | P a g e adverse impacts; and (c) promote informed decision- likely to make additional resources making relating to a Program’s E&S effects available for poverty and vulnerability reduction, as well as building community resilience. No social risks are assessed to emerge from these investments. Core Principle #2: Program E&S management systems The proposed activities don’t have are designed to avoid, minimize, or mitigate adverse an impact on the religious or impacts on natural habitats and physical cultural cultural resources of communities. resources resulting from the Program. Program activities that involve the significant conversion or degradation of critical natural habitats or critical physical cultural heritage are not eligible for PforR financing. Core Principle #3: Program E&S management systems The responsibility of steering the are designed to protect public and worker safety preparation of debt management against the potential risks associated with (a) the plans will lie with staff and construction and/or operation of facilities or other employees of Department of operational practices under the Program; (b) exposure Finance who are governed by to toxic chemicals, hazardous wastes, and otherwise service rules and state policies. No dangerous materials under the Program; and (c) impacts of adverse nature are reconstruction or rehabilitation of infrastructure assessed. located in areas prone to natural hazards Core Principle #4: Program E&S systems manage land No investments are planned that acquisition and loss of access to natural resources in a may lead to physical or economic way that avoids or minimizes displacement and assists displacement of communities or affected people in improving, or at the minimum individuals - whether temporary or restoring, their livelihoods and living standards. permanent in nature. Core Principle #5: Program E&S systems give due No adverse impacts are expected consideration to the cultural appropriateness of, and on indigenous communities or equitable access to, Program benefits, giving special effects that create risks for equity attention to the rights and interests of Indigenous in access to public /financial Peoples/Sub-Saharan African Historically Underserved resources. Traditional Local Communities, and to the needs or concerns of vulnerable groups. Core Principle #6: Program E&S systems avoid The nature of program exacerbating social conflict, especially in fragile states, investments is such that they are post-conflict areas, or areas subject to territorial not likely to lead to or exacerbate disputes. social or resource conflicts. Stakeholder Consultations and Disclosure Owing to non- likelihood of any adverse social impacts of these proposed investments, and since there are no direct or visible/ cascading community impacts no sector or community consultations were planned around fiscal reforms. Gaps and Recommendations None. 95 | P a g e Health Sector Kerala’s health sector has been a model for other States with health standards comparable with those of developed countries. It has made significant gains with highest life expectancy, lowest infant and maternal mortality rate, birth rate, and death rate in the country. The state has recently launched the Aardram Mission (1 of the 4 ‘sub’ missions under ‘New Kerala Mission’, which aims at achieving public health sector related Sustainable Development Goals 203083 in a time bound manner. It aims at People-friendly Services, re-engineering and standardizing health facilities and institutions, improving comprehensive access to health services for the vulnerable population. Government of India’s flagship National Health Mission (NHM), with its 2 sub missions for Urban and Rural areas-NUHM-NRHM, provides flexible resources to tackle challenges related to communicable diseases, infrastructure creation and maintenance, training frontline health workers. However, the state faces increasing incidences of communicable diseases like chikungunya, dengue, leptospirosis, swineflu etc. which is a major cause of concern. Health status of the marginalised communities like Scheduled Tribes, and fisherfolk is poor compared to that of general population. To tackle these, concerted and committed efforts with proper inter sectoral co-ordination is essential.84 In order to improve the tracking and health/ disease surveillance in the state (for communicable diseases), the state is in the process of revamping the protocols and improving the outreach under the Integrated Disease Surveillance Programme (IDSP), under the NHM that aims to detect and quickly respond to disease outbreaks in the country. The PDNA notes that the gains that state made by strengthening linkages with private sector for disease surveillance must be strengthened within the Integrated Disease Surveillance Programme (IDSP) system. More investments are needed in district health laboratories to detect flood-related diseases like leptospirosis, and health systems planning for acute events.85 Program Description Contributing to the state effort as part of Resilient Kerala Initiative of arresting the incidence of communicable diseases, the sector investments look at supporting the state in initiating – (1) a more comprehensive and integrated systems of health and disease surveillance (One Health)86 to improve detection and notification of health events and disease outbreaks, (2) better collection-investigation- analysis-confirmation of data, prompt escalation and sharing of this data with state (and national) for quicker response and control. RKP will help in strengthening Component 1 related to improved detection and notification of outbreaks and events by facilitating capacity development and involvement of panchayats (Elected Representatives-ERs) and Community Based Organisations (women’s collectives like Kudumbshree) to expand health/ disease surveillance in the Pamba Basin Districts (on a pilot basis), so that communities can benefit through quicker detection and sharper response to adverse health events. 83 SDGs No. 3 on ‘Good Health and Well-being’ 84 Kerala Economic Review 2018-19 Volume I, Kerala State Planning Board. 85 Post Disaster Needs Assessment August 2018 86 One health system aims to make disease surveillance comprehensive by detecting incidents of disease/infection transmission among animals, plants and humans and understanding their causes / causality. One Health platform will consist of district health, animal husbandry and forest officers with identified nodal points for data triangulation. 96 | P a g e Under Component 2, the support will be to follow the lead provided through Component 1 (Community based surveillance) for faster collection, analysis and confirmation of tests/data. This will be done by expanding the network of Integrated Public Health Laboratories (IPHLs) in the basin districts, by setting up new laboratories, improving their infrastructure and capacities of human resource/ technicians operating them. This will increase the present network of public health laboratories in the state87, increase footfall of patients (from the present 1400-1500 outpatients per day) and the number of tests performed by this lab network (which presently runs an average of about 11,000 lab tests daily).88 Complementing this, these IPHLs will also be equipped with all necessary equipments and assets, staff/ technicians trained on all aspects of laboratory operations and management. One Health Platform will be established and operationalised in districts through the creation of a coordination and information sharing mechanisms among representatives of Health (IDSP functionaries), Veterinary/ Animal Husbandry and Forest & Environment Departments for wider surveillance, joint analysis of data on human, plant and animal diseases/events in the district. 89 Expected Social Effects of the Program The proposed innovative health sector interventions are likely to improve the outreach of disease and heath surveillance in the select districts, with local bodies and community institutions up-scaling the surveillance work being done on a much limited scale by the designated IDSP cadres in the district and expanding the scope of surveillance to also track and respond to zoonotic disease outbreaks. Complementing the task of wider surveillance needs a larger network of operational institutions to conduct higher number of tests among suspected patients, faster confirmation of results and quicker escalation to decision makers. Benefits and Risks Potential Benefits Expansion of the network of IPHLs will lead to improved access for the served communities in the Pamba Basin districts to testing facilities at public health facilities. This will be especially beneficial for poor and vulnerable communities since the tests offered at the IPHLs are affordable and primarily fee of cost, as compared to those at private labs and referral laboratories in the district. Presence of IPHLs in newer locations, with ability to test and deliver results quickly will help in reducing health expenditure for poor households in 2 ways- a) reduce travel time and transaction costs, and b) faster detection to lead to initiation of precise treatment and cost savings. Involvement of community members (CBOs) in the process of community health and disease surveillance will create greater awareness and alertness about disease outbreaks and health events and improved collaboration with local bodies and departments relevant to operationalise One Health is expected to lead to better health outcomes and well-being for communities, especially those vulnerable and poor. 87 At present there are 9 Public Health Labs in the State. 88 Kerala Economic Review 2018-19 Volume I, Kerala State Planning Board. 89 Human diseases: Integrated Disease Surveillance Programme (IDSP); Animal Diseases: National Animal Disease Referral Expert System (NADRES) 97 | P a g e Potential Risks The social risks associated with the project are related to the reputational risk of shifting to a new system of health surveillance and hesitation in adopting the new system unless there is strong orientation and awareness about it among the community members. There is also risk of staff from marginalized communities being excluded from being selected and recruited into the new IPHLs and also exclusion from the new community health volunteers being created for disease surveillance. In addition there is risk of worker and community safety, especially for the technicians deployed in laboratories for testing and community members going for surveillance, unless they are adequately prepared with necessary precautions. The space requirement for setting up new IPHLs at the district level is approximately 150 square meters. As per the health counterpart, there will be no land requirement for setting up the new labs and spaces within existing district level health institutions/ buildings or unutilised land available with the department will be used for constructing new buildings to set up these public health labs. While specific sites for locating the new IPHLs have been identified , in the case of new building there is risk that the land even though owned by the health department may not be free of encumbrances and may lead to the displacement of encroachers or squatters, even though the scale of this impact is likely to be limited in nature. SOCIAL BENEFITS SOCIAL RISKS Improved physical and economic Reputational risk of shifting to a new access to public testing facilities for health surveillance system the community Reduced health expenditure, time Exclusion of marginalsed members saving and lower transaction cost from being appointed in IPHLs Citizens engagement in surveil- Worker safety of the lab techicians lance will improve awareness on involved in testing and handling disease outbreaks samples Safety of community surveillance Better collaboration among LSGs volunteers unless adequately trained and departments for surveillance and practising precautions Improved health outcomes for Setting up new IPHLs may lead to poor and vulnerable in Basin small scale physical displacement districts Risk of sexual explotation and abuse of women health workers and disease exposure Legal Instruments, Policies and Programmes/ Schemes Legal Environment for the Health Sector The state policy gives importance to the need for strengthening primary health care, so that it can plays a key role in strengthening disease surveillance at the grass root level to prevent spread of epidemics. The policy envisages creating a public funded, free, universal health care system, bringing key health indicators to the levels found in developed countries. It also recognizes the vital role of local institutions in provision of health services, especially in areas like disease surveillance and offering affordable health services. 98 | P a g e The sector laws and policies combined with the state legal instruments and policies ensure an inclusive approach towards the provision of accessible and affordable public health services to the communities. The policy as well as several social security schemes provide free healthcare to the old/ elderly, differently-abled, orphans, single women, children of female headed households as well as specific health care services to patients of certain ailments.90 Major Sector Schemes Integrated Disease Surveillance Programme (IDSP) - The key scheme mandated with disease surveillance and maintaining IPHLs is IDSP, whose objective is to strengthen disease surveillance, by establishing a decentralized State/ District based surveillance system for epidemic prone diseases. It also aims to detect early warning signals, so that timely and effective public health actions can be initiated. This it intends to achieve through decentralization of surveillance activities, establishment of surveillance units at State and District, Training Surveillance Officers, Rapid Response Teams and Medical /Paramedical staff for surveillance, collecting, collating, analyzing and disseminating data and strengthening of public health laboratories for testing and confirmation of outbreaks.91 The scheme provides for setting up Central State and District Surveillance Units (CSU, SSU, and DSU). The DSU has an IPHL attached to it in some districts and also has the provision of a District Surveillance Committee (with representation from Civil Society, local government) for monitoring the implementation of IDSP and reviewing the scheme progress.92 Institutional Systems and Capacities to Manage Social Risks Distric Surveillance Unit- DSU District Surveillance IPHL Officer Microbiologist - Epidemiologist Data Entry Operator Veterinarian incharge of IPHL 1 Lab Technician, 1 Lab Asstt ,1 Lab attendant The District Surveillance Unit- DSU created under IDSP in the district comprises of the District Surveillance Officer- DSO supported by 4 contractual staff.93 The microbiologist in the DSU is 90 Liver, kidney related diseases, Thalassemia, diabetes, sickle cell anemia 91 IDSP has a sub-scheme called ‘Strengthening of Inter-sectoral coordination for prevention and control of zoonotic diseases’ that aims to promote the One Health Approach. 92 DO No Z-21020/107/2018-PH 15TH July 2019 of Ministry of Health & Family Welfare on ‘Establishing State & Distt Surveillance Committees’ 93 In 2010 provision for an additional position of a Veterinarian was created to look at zoonotic diseases 99 | P a g e also the head of the IPHL linked to the DSU and has 3 additional contractual staff to operate the IPHLs. Institution Functions relevant for Social Management State Health  Seeks involvement of LSGs in the functioning of Family Health Department/ Centres- FHCs.94 IDSP Cell- State  Post floods the department successfully mobilized & created a cadre Surveillance Unit of community health volunteers (Arogyasena) using community institutions like Kudumbshree to increase community participation and outreach.  Strengthening of Public Laboratories to offer quicker diagnosis and response  Capacity building of medical / paramedical staff along with health and veterinary professionals95 on surveillance, bio-safety and rapid response.  Creation and dissemination of IEC for generating community awareness on Zoonosis District  A bio-safety manual specific to these labs developed on infection Surveillance Unit management, worker safety, waste management / District Public  Monitoring the implementation of bio-safety protocols at IPHLs is Health part of monitoring indicators Laboratories  Regular training and orientation of laboratory staff on bio-safety measures and infection control  Ensure provision of Personal Protective Equipment- Gloves/ Mask/ Apron/ Others for use by Lab personnel at site Assessment of Sector Institutions Health being a function delegated to the local bodies, health and LSG departments work closely together, leading to higher community participation in health planning and delivery of services. A national review of IDSP and functioning of laboratories under it states ‘in addressing the emerging health needs of the population, health workforce is confronted by issues of shortages, skewed distribution, quality, accountability, weak capacity, work overload, inadequate growth opportunities and motivation’. A World Bank review also showed that ‘the lack of adequate personnel in the State and District headquarters to ensure all units under IDSP report timely, report factually and the reports are analyzed promptly. It identified that the most critical bottlenecks included lack of dedicated staff and very low capacity, especially at district and block levels to analyze and use surveillance data for local decision and outbreak responses’. 96 Citizens Engagement – As shared above, there has been an increasing reliance on local governments, community institutions and local cadre of health volunteers (Arogya-Sena) for 94 FHCs- First referral unit in the chain of health service delivery, located in each village 95 Program For Strengthening Inter-Sectoral Ordination For Prevention And Control Of Zoonotic Diseases: Operational Guidelines 96 IDSP: Human Resource- https://idsp.nic.in/index1.php?lang=1&level=0&linkid=410&lid=3693 100 | P a g e enhancing awareness, outreach and disease surveillance. The preparation of district health plans under National Health Mission (NHM) also involves ensuring participation of the civil society, community representatives in the identification and prioritization of their health needs. The IDSP has also created institutions like the State and District Surveillance Committees (both of which have representation from Civil Society, local government) for monitoring the implementation of IDSP at the state and district level respectively. In the last few years there has been renewed emphasis in the scheme on using ICT to create community awareness about the importance of disease surveillance and on zoonosis.97 The state has recently developed a mobile application called the Kerala Health Disease, to create awareness, involve community in health surveillance and for use by healthcare providers. Grievance Redress- While the national scheme has a centralised toll free number and a call centre to receive complaints; more often alerts on suspected disease outbreaks all over the country, the state has no dedicated GRM either for the health department or state IDSP/SSU. Owing to their coordinated and close working, most community members use GRM of the local self government department (LSGD) for registering their complaints related to health services or the state level GRM- Chief Ministers Grievance Redress Management System. This remains a weak link in ensuring social accountability of the services related to health/ disease surveillance. Land Management – There are different layouts and minimum space requirements prescribed for laboratories to be located at different levels- Panchayat/FHC, Block/ Community health Centres and District Hospitals- which are 10 sq mtrs, 90 sq mtrs and 150 sq mtrs respectively. Most IPHLs are likely to require at least 150 sq meters of space for setting up the labs. 98 The department has no powers for land acquisition or for rehabilitation of encroachers occupying the departmental land. It usually relies on the local administration/ LSGs or revenue department for any land management that needs to be done, including freeing their lands of encumbrances in line with LARR 2013 and the state policy on land acquisition. Labour Management- IDSP makes specific provisions for worker safety, especially for technicians working in the IPHLs. There are clear enforced instructions for bio-safety and infection control. All monitoring and review protocols for IPHLs necessarily talk about ensuring physical availability of bio-safety manual and biomedical waste management guidelines99 in the laboratories, strict use of Personal Protective Equipment (PPE) by the lab personnel and their strict adherence.100 It also calls for the documentation of laboratory safety policies and procedures being adopted. However, all staff (technicians) operating the IPHLs are on contractual employment, who are either hired directly by the State Health Society/ Authority or through recruitment firms with unsure employment conditions. While their technical qualifications and job responsibilities are centrally defined by IDSP, National Centre for Disease Control (NCDC)101 their conditions of employment are left to the states to decide. As per an assessment, most of the IPHLs and 97 Program For Strengthening Inter-Sectoral Ordination For Prevention And Control Of Zoonotic Diseases: Operational Guidelines 98 Architectural Considerations for laboratory design, Guideline Document For Design Of BSL 2 Labs (District Hospitals, CHC And PHC) Level 99 Guidelines for Management of Healthcare Waste as per Biomedical Waste Management Rules, 2016 100 https://idsp.nic.in/showfile.php?lid=4020 101 Revised TORs for Contractual Staff (SSU/DSU), IDSP, National Centre for Disease Control, 2019 101 | P a g e DSUs are understaffed with significant vacancies across DSU for the positions of District Epidemiologists and Data Managers.102 Gender and Social Inclusion- As shared above, state health department works towards providing free, public funded, universal health care system across the state. It also implements several social security schemes that provide free healthcare to the elderly, differently-abled, orphans, single women, children of female headed households as well as specific health care services to patients of certain ailments. Selection of beneficiaries for most health schemes is left to the frontline workers and local bodies/ elected leaders to jointly decide. A vast majority of health extension/ frontline staff consisting of ASHA (Accredited Social Health Activist) workers and ANM (Auxiliary Nursing Midwives) in the state are female, with some male multi-purpose workers. The state has created and has been using a large pool of female community health volunteers to create outreach and awareness about health services. Considering the initial success of this model the state is likely to use it more often for delivering health services and is proposed to be used for extended disease surveillance in the current operation as well. Since most positions in IDSP are contractual and also considering the staff shortage, it is possible that recruitments do not follow the reservation criteria used for recruitment to regular government staff positions. There is also additional effort to create greater awareness among communities around IDSP and make the program more inclusive. Institutional Assessment – State level systems As seen in the detailed assessment of state level institutions in the section on Agriculture, they offer adequate social safeguards, by ensuring citizen’s engagement at various levels, providing a state wide system of grievance redress, securing the interest of women and ensuring their inclusion in schemes and programmes on priority, providing for their protection from exploitation and abuse. (Kindly refer to state level institutional assessment in the chapter on Agriculture sector for more details on state level systems) Program System Consistency with Core Principle Core Principle Social Assessment Core Principle #1: Program E&S The sector investments are likely to operate within a management systems are strong sectoral and state level legal framework that designed to (a) promote E&S ensures equity and inclusiveness in delivery of health sustainability in the Program services to its citizens. design; (b) avoid, minimize, or The applicable health institutions and systems, in mitigate adverse impacts; and (c) collaboration with local governments, are competent to promote informed decision- assess and manage the likely social risks. There is, making relating to a Program’s however, risk of new IPHLs being understaffed to deliver E&S effects on the mandate of conducting quicker and larger number of tests for effective disease surveillance. This is an institutional gap that will need to be filled through better recruitment and investments on bolstering capacities at the IPHLs. An assessment of reasons for higher vacant positions at the IIPHLs will need to be done to ensure 102 Leptospirosis: A public health problem, SSU of IDSP, Directorate of Health Services, Kerala 102 | P a g e competent staff that enjoy favourable work conditions. Likewise, capacities of community health volunteers also need to be enhanced before they are engaged in disease surveillance. While state has mature systems of citizen’s engagement and GRM, health department and the program (IDSP) do not have a dedicated functional GRM to handle program specific grievances and feedback. The nodal sector institution needs to create an accessible GRM with established procedures for submission of grievances and their redress within agreed timelines. Core Principle #2: Program E&S The operations in this sector do not support activities that management systems are may have an impact on the religious or cultural resources designed to avoid, minimize, or of communities mitigate adverse impacts on natural habitats and physical cultural resources resulting from the Program. Program activities that involve the significant conversion or degradation of critical natural habitats or critical physical cultural heritage are not eligible for PforR financing. Core Principle #3: Program E&S IDSP has detailed & functional protocols to ensure management systems are worker safety in IPHLs through strict adherence to bio- designed to protect public and safety and biomedical waste management procedures, worker safety against the which are regularly reviewed and reported. potential risks associated with Most IDSP positions in the SSU, DSU and IPHLs are (a) the construction and/or contractual whose conditions of employment are not operation of facilities or other clearly defined. Key positions in many DSUs are vacant operational practices under the which impact scheme performance, efficiency of the labs Program; (b) exposure to toxic and overburdens existing staff. chemicals, hazardous wastes, and otherwise dangerous Engagement of large number of female frontline workers materials under the Program; and Kudumbshree members as health volunteers is also and (c) reconstruction or likely to impose sexual exploitation and absuse/safety rehabilitation of infrastructure related risks unless they are made aware of risks, located in areas prone to natural precautions and suitably equipped for the same. hazards The sector investments may result in engagement of some labour for repair of existing buildings or construction of smaller ones to house the IPHLs. While it is not clear at this stage, this will either be executed by PWD itself or follow their norms of labour management, which are competent to ensure worker safety and labour management. Core Principle #4: Program E&S No additional land will need to be acquired for the systems manage land acquisition construction of the Public Health Laboratories. The 103 | P a g e and loss of access to natural department intends to use available space within existing resources in a way that avoids or district level health institutions like district hospitals, minimizes displacement and health clinics for creating the IPHLs. Although the space assists affected people in requirement is low (around 150 sq meter per lab at the improving, or at the minimum district level) it is possible that these lands are not free of restoring, their livelihoods and encumbrances and are occupied by non-titleholders. living standards. The likelihood of such displacement is low (may not be relevant at all sites/ locations) and if occurring will have a limited scale of impact, the department does not have the capacities to manage acquisition and will take the help of local administration. Considering the divergence in treatment of non- titleholders between the state and Bank policy the latter will need to be adhered, beginning with an initial risk screening to assess the scale and nature of impact. Core Principle #5: Program E&S The state systems are geared to provide inclusive health systems give due consideration services to the poor and vulnerable. The district health to the cultural appropriateness planning processes ensures consultation with different of, and equitable access to, constituencies and representation of their needs in the Program benefits, giving special final plans. attention to the rights and Based on this realisation of vulnerabilities and different interests of Indigenous health related needs of social groups, state operates Peoples/Sub-Saharan African several social security schemes providing health benefits Historically Underserved and free healthcare to elderly, differently-abled, orphans, Traditional Local Communities, single women, children of female headed households. and to the needs or concerns of vulnerable groups. Understanding the need to cover all geographies, including the underserved tribal habitations, department is expanding the IPHL network to bring services closer to the community. The state strategy of mobilising local health volunteers for improved outreach of health services and access is aimed at responding to the needs of the vulnerable. Most of these health services are primarily free of cost making them inclusive and affordable. However, there is risk of exclusion of migrant workers from accessing public health services due to their absence from state health databases and lack of valid documents to establish local identity. Core Principle #6: Program E&S The nature of program investments is such that they are systems avoid exacerbating not likely to lead to or exacerbate social or resource social conflict, especially in conflicts. fragile states, post-conflict areas, or areas subject to territorial disputes. 104 | P a g e Stakeholder Consultations and Disclosure Stakeholders identified for consultations around this sector are mapped in the comprehensive stakeholder map prepared for the program. (Annexure B) These include departmental functionaries at the state, district, sub-district and Panchayat / Municipal levels, as also line and support agencies and training institutions, including chairman and vice chairman of the municipalities, SHG members, PHC /ASHA workers and teachers.. They also cover user groups and community institutions formed around areas/issues where the sector investments are likely to occur. These consultations are aimed at understanding the current chain of implementation of schemes/ projects in these respective sector institutions, assess the existing social capacities and procedures adopted by them, to see how social issues related to inclusion, access, equity in benefit sharing, participation, transparency/ accountability in sectoral planning and implementation are addressed by them and the gaps that exist therein. These consultations also aim at assessing from the point of view of the service providers/ duty bearers as well as communities, user –groups and service recipients the quality and inclusiveness of services, especially for the vulnerable groups- single women, SCs/ STs, landless/ asset-less labourers, elderly, People with Disabilities (PwDs) and migrants. As shared in the section on ESSA methodology, consultations with stakeholder were facilitated by Kerala Institute of Local Administration (KILA) at the state and in the Pamba basin districts. The following key inputs have been received from these stakeholder consultations and have been used to further inform this systems assessment. Inputs from State Consultations  Government facilities for testing were not charged, only private facilities, including those acquired during pandemics are charged, but these charges and the supply of testing kits were regulated by the state. There is no additional subsidy/ support for economically backward as most tests were done at public facilities free of cost, regardless of their background or income. For SC/ST areas, coastal areas and suburban area there were mobile testing clinics and Antigen testing facilities, which were also free of cost.  For testing and treatment during the pandemic the national comprehensive insurance scheme Rashtriya Swasthya Bima Yojana (RSBY) covered the households that were insured under it. For those not covered, GoK used Comprehensive Health Insurance Agency of Kerala (CHIAK) insurance scheme- Karunya Arogya Suraksha Padhathi (KASP) to cover Covid treatment related expenses of the vulnerable.  To ensure safety of workers involved in Covid/Pandemic management and testing, a series of trainings were provided on infection control/ safety and were followed up with virtual/ online trainings. The workers were also provided with infection control systems consisting of masks, sanitizer, gloves, PPE kits etc.  During Covid a three-tier system was put in place to manage the workload of frontline health workers by organizing them in shifts. This system was based on risk and exposure, wherein work was divided into high, low and no risk categories and workers were rotated between these categories. They were also given special care if tested positive for Covid; separate treatment facilities were put in place for them.  For ensuring inclusiveness, for example, of ST communities, expertise and networks of tribal departments were utilized and support to the community was incorporated in the Tribal Action Plan. Also for fisher-folks, department of fisheries played a major role in ensuring their inclusion by creating awareness on precautions and prevention through Coastal Action Plans. In urban area it was coordinated through Urban PHCs, 105 | P a g e which ensured inclusion of urban vulnerable during screening and testing; additional staff was deployed to control spread and for awareness creation.  Women frontline workers- ASHA are also trained in disease surveillance and for reporting any unusual cases occurring under their purview to the IDSP system. Inputs from Community Consultations  The service are affordable and are being accessed by everyone; there are no cases of exclusion, denial or social discrimination in rendering services / treatment at public or private facilities, including those healthcare institutions providing Covid related treatment. In certain areas (of Pattanamthita and Iddukki district) where government facilities are absent, private health facilities charge a lot for testing and treatment, which is unaffordable for the poor.  Government health insurance is available to about 60 percent of the poor and vulnerable. The present health services are transparent and affordable, but post-Covid treatment is not available.  For making health services more suited to such pandemics, it is necessary to deploy more health workers to manage the situation. They must be given additional training to manage pandemics and disasters, take up health surveillance and to spread public awareness regarding prevention / precaution.  Regular home visits by ASHA workers and public health inspectors are essential for identifying communicable diseases among local communities and reporting them. Considering their health risks there is a need to provide insurance cover to health workers and address concerns related to their long work shifts. The draft ESSA report will be disclosed on the website of Resilient Kerala Initiative (RKI- RKDP) and on the World Bank external website for comments and feedback and will be finalized after incorporating the suggestions received from the stakeholders. Gaps and Recommendations 1. As shared above, implementation of IDSP from the state to the lower levels is almost entirely is in the hands of contractual staff hired by the state. Technical positions in many DSUs and IPHLs are vacant, leaving labs understaffed and staff overburdened. While the qualifications and job description of these positions is centrally codified and defined by the National Centre for Disease Control (NCDC), their conditions of service/ employment are not, leaving most of these contracted staff with insecure tenures and undefined terms of engagement. To ensure that DSUs and IPHLs are adequately staffed, there is a need to codify their terms of engagement, provide a reasonable security of tenure, offer periodic trainings to attract competent professionals to IDSP/ IPHLs and retain them. Additionally, since the state aims to employ a large pool of community volunteers for disease surveillance, it will be important that they are made adequately aware of likely health risks and impacts and suitably trained and equipped with necessary precautions for their personal safety. 2. The expansion of IPHLs in some districts may require health department land to be made free of encumbrances so that construction of labs could take place. This may require rehabilitation of non- titleholders (vendors, shopkeepers, squatters) who may be occupying these unutilized lands, as per Bank policy. Institutions to be engaged in clearing potential sites and lab construction will have to ensure that the processes are aligned with Bank procedures, especially in their treatment of non-titleholders, to meet Bank requirements on management of physical and economic displacement. 106 | P a g e 3. The state health department and IDSP State Surveillance Unit do not have a dedicated system of grievance redressal and largely rely on grievances coming to them through the statewide GRM or through the local governments (with which they work very closely). Given that the scheme coverage is being expanded to reach out to a larger population in the Pamba Basin, will involve a larger workforce and Community Based Organizations (CBOs) for awareness generation and surveillance, it will be necessary for the scheme to have its own dedicated and functional GRM to receive and redress grievances emerging from the program investments and to make the operations more accountable and transparent. 107 | P a g e Urban Sector Kerala is the state that has seen one of the fastest urbanization, much higher than the national average. The decadal growth (2001-2011) has nearly doubled the urban population, with an annual growth rate of about 6.5 percent, as a result of which nearly 65 percent of the state’s population resides in its mid-small sized cities and towns. Although municipal finances have grown significantly in past decade (at 14.5 percent CAGR), they have not kept up with the pace of urbanization. For the period 2015-21 ULBs of the state are slated to receive approx. Rs. 18,000 crore through transfers from the 14th Finance Commission, State Finance Commission as well as from national schemes on urban development and on incentivizing urban reforms- 2 ULBs receive funds under Smart City Mission-SCM and 9 under Atal Mission for Rejuvenation and Urban Transformation-AMRUT.103 Kerala is one of the leading states that devolved 17 out of 18 functions to the ULBs as part of implementation of the 74th Constitutional Amendment (applicable for urban bodies), including functions related to slum improvement and upgradation, poverty alleviation, planning for economic and social development, urban and town planning as well as regulation of land use and building construction. However, as per RKDP document, ‘lack of enforcement of master plans has led to widespread urban sprawl and unmanaged construction in hazard prone areas, which has proven to be extremely dangerous and vulnerable to natural disasters such as floods of August 2018. Long delays in preparation and notification of master plans and their lack of funding also contributes to weakness of State’s mid to long term planning.’ The document also notes that ‘most urban bodies also lack critical manpower, expertise in core functional areas like governance, financial management, engineering which restricts their capacity to better plan, prioritize, design, execute and manage municipal infrastructure’. Program Description RKDP’s internal assessment brought out the status of its local bodies with respect to city level planning, the lack of effective long term, city level spatial/ master planning, the unplanned and unregulated development and unscientific land use in cities, which amplified the impact of the 2018 floods. Responding to these urban planning related challenges, the sector investments under the current PforR are targeting support to the state to institutionalize climate and disaster risk-informed urban master planning. This will be done by helping the state to develop clear guidelines on city/ town level master planning that are cognizant of the risks and disaster events that the city/planned area is vulnerable to and takes those risks into account while preparing the long term master plans. After getting these guidelines approved by the state government, the program will develop training modules to build the capacities within the spatial planning units of urban local bodies as well as in the Department of Town and Country Planning (DT&CP) to guide the preparation of such draft master plans. Subsequently, select ULBs in the Pamba Basin will be identified 104 to pilot the preparation of such risk informed Master Plans. This will involve training city level planners (within the respective ULBs) as well as those in the Department of Town and Country Planning to guide risk-informed urban planning, preparation of risk-informed Master Plans and getting them sanctioned by the ULBs and T&CP so that they are final and ready for implementation. This will also involve modifying the existing processes under the Kerala T&CP 103 RKDP Master Document https://rebuild.kerala.gov.in/reports/RKDP_Master%2021May2019.pdf 104 4 out of 18 ULBs in the Pamba Basin will be selected for developing risk informed Master Plans- 2 in flood prone or 2 in the landslide prone areas. 108 | P a g e Act to ensure the preparation, notification and enforcement of Master plans in a time bound manner. Expected Social Effects of the Program The urban sector investments, chosen to be part of RKP, are based on recent learnings from the adverse impact of disaster events on cities and towns and are aimed at enhanced institutional and systems capacities to respond to similar challenges in future, ensure better preparedness, avoid mistakes of the past and create more effective and resilient systems- by way of improved land use planning, better awareness of the need to carefully plan and allow settlements/ development in hazard prone areas (like upon storm water drains /run-off channels) so that future damage can be minimized. The emphasis will be on more comprehensive planning and strengthening the capacities of individuals and institutions involved in facilitating the planning process. Benefits and Risks Potential Benefits The preparation of new master planning guidelines are likely to be informed by the specific risks and adverse impacts that women, urban poor, migrants and members of vulnerable communities are confronted with, in terms of being pushed into settlements that are in high risk and hazard prone areas and is likely to address this marginalisation in urban settlements. The improved capacities of institutions is also likely to increase the sensitivity of the planners and local bodies to consider the specific challenges faced by different social constituencies and address them in the draft guidelines by promoting vulnerability and needs assessment, participation of different social groups during the preparation of City level Master Plans and greater awareness about planning issues. Preparation of effective Master Plans and their strict enforcement (in terms of restricting land use changes against what is prescribed in Master Plans) is also likely to prevent unplanned development and secure safe spaces and amenities for all inhabitants and communities. Potential Risks There is risk, however, that since most of the tasks related to preparation of guidelines for master planning will be lead by planners who have limited social capacities, they may not recognize the vulnerabilities/ needs of women, urban poor and migrants, to incorporate them in the master planning guidelines; subsequently these constituencies may also get excluded from the process of preparation of the City level Master Plans and hence getting their needs and priorities getting included in the draft plans. This is more likely to happen in the case of migrant workers, who are usually compelled to live in peripheral locations/unsafe landscapes on city outskirts in unhygienic conditions (landfills, dump-sites).105 The LSGs are overburdened, highly overstretched in provisioning basic services for its citizens and as GoKs own assessments106 and outside have shown, they lack critical manpower in specialized areas like urban governance and planning to be able to ensure preparation of effective urban plans and sound technical, institutional capacities to implement spatial development plans. LSGs also lack the willingness to be involved in master planning, as the State Act gives the T&CP department the power to unilaterally overrule and modify master 105 Migrant workers are a vulnerable, important and fast increasing constituency for the state- with nearly 400,000 migrants as in July 2019, up from around 300,000 in July 2018. 106 RKDP Master Document 109 | P a g e plans and propose new regulations for zoning of urban areas. The ULBs also lack the legal backing to deter violations/ deviations to land use proposed in the master plans.107 SOCIAL BENEFITS SOCIAL RISKS Master planning to address Non-recognition of the spatial needs vulnerabilities of marginalised of women, vulnerable gorups while communities and settlements drafting Mater Planning guidelines Regulated landuse, spatial planning of Exclusiom of vulnerable, including settlement to prevent development in migrants during Master plan hazard prone areas preparation in the ULBs Improved HR capacities to reflect in Limited capacities of city planners and guidelines sentizised to needs of ULBs staff to facilitate Master urban poor and women Planning Comunity participation in plan Overstretched, low human resoures development to lead to greater in ULBs to implement Master Pans awareness - Improved accountability Master Plans to help communities Lack of complete autonomy within develop greater resilience aimed at ULBs to regulate landuse as per plan future disasters/ risks or to deter plan violations Legal Instruments, Policies and Programmes/ Schemes Legal Environment for the Urban Development Sector The state urban policy recognizes the need to improve municipal services while also ensuring that services remain affordable for all. It creates an Urban Regulatory Authority to provide state-wide oversight, grievance redress as well as seek suggestions on urban services. It accepts that urban institutions and functionaries lack requisite capacities in planning, finance, governance, etc. It provisions for alternate mechanisms to secure land for development and creating public amenities, especially in the context of Kerala’s land-related constraints. The law also gives the mandate for development of long term master plans and medium term execution plans to ULBs, using participatory approaches involving the community and other district level stakeholders. District Planning Committee (DPC)- which finalizes and approves the districts development plans (aggregating plans of all rural and urban bodies in the district)- are made responsible for setting district level priorities related to spatial planning, use of rural and urban land and can seek consultation with CSO and professional bodies for seeking inputs. It is also made responsible for monitoring the plans and resolving inter-agency and inter-LSG conflicts. The LSGs are made responsible for implementing these plans, regulating the spatial and land management related considerations of the planning area, with some regulation and oversight from the state level agencies- State Town and Country Planner . Major Sector Schemes 107 Janagraha: Annual Survey of India's City-Systems, 2016 110 | P a g e Smart Cities Mission- There are no major national or state schemes in the urban sector that promote development of master plans or promote spatial planning in the cities. The Central scheme-Smart Cities Mission partially promotes an area based approach to re-development on a limited scale (50 acres) in selected cities108 by promoting mixed land use and development of area based plans for areas selected by ULB and prepared through a process of intensive consultation with the citizens. Implementation of activities and plans under the Mission, however, is not done by the ULB but takes place through an independent special purpose vehicle – a Project Management Unit (PMU) created within the municipal councils with sound capacities on social management and participatory processes and with the flexibility to use the services of civil society for social mobilization, awareness generation and securing participation. The scheme also provides for a strong citizens interface through physical forums as well digital/ social media platforms for citizens to access municipal services, provide feedback and register their grievances.109 Institutions and Capacities to Manage Social Risks There are 3 key institutions that will be responsible for the program investments in the urban sector, a) the Department of Local Self Government (LSGD) that will receive support for revising the guidelines for master planning and developing training modules around the new guidelines and which will capacitate ULB functionaries on the guidelines and facilitate the preparation of Master Plans and their Execution Plans, b) Department of Town and Country Planning, which is part of LSGD and will support it in developing the revised guidelines and c) select urban local bodies located in the Pamba Basin districts that will receive support for piloting the Master Plan preparation based on the new guidelines and receiving support for capacity building of their staff. Department of Local Self Government - LSGD Town & Country Rural Development Panchayat Directorate Urban Affiars Directorate Planning Deptt Deptt Tech Wing- Deputy & Astt Town Planners, Panchayats Municipalities Surveyors, Draftsmen- 9 staff Deptt of Dev, Welfare, Admn Wing- Health, Education, Superintendent, Clerks, Works, Town Plg, Taxes, Tyipsts- 6 staff Finance Statistical Wing- Stats. Research Astt, Stats Astt. - 2 staff 108 Among the 100 cities selected all over the country 109 Smart Cities: Mission Statement & Guidelines, 2015 111 | P a g e The LSGD is divided into 2 directorates for Rural Bodies- Panchayat and Urban Bodies- Urban Affairs, apart from 2 Deptt of T&CP110 and Rural Development. In each district there is a T&CP office housed within the district office of the urban affairs directorate, which has Administrative, Technical and Statistical wings. Institution Activities relevant to social management Local Self government  Responsible for administration of all urban local bodies in the Deptt/ Urban Affairs state Directorate  Enables local bodies to plan for social justice, economic empowerment as well as for spatial development  Undertakes capacity development of elected leaders and functionaries on integrated or sectoral planning and different aspects of local governance  Provides human and financial resources required by the LSGs  Implement development and social protection schemes targeting women, poor and vulnerable, including migrants  Provides regulation to LSGs by setting up an Ombudsman and a Tribunal to redress grievances of citizens and other parties against local bodies Department of Town  Advise LSGs on planned and sustainable development of and Country settlements Planning111  Advise ULBs on functions related to regulation of land use and building construction, urban planning, slum upgradation.  Preparation of Spatial Development Plans including Master Plans of cities/ towns (later GPs also added)  Ensure people’s participation in the preparation of Master Plans  Review, sanction Master plans for final notification and execution Urban Local Bodies  Offer efficient and affordable municipal services, urban amenities to citizens  Promote citizens participation in local/ decentralized planning and their engagement in the implementation of schemes  Seek citizens inputs for improving services and address grievances  Safeguard interests of weaker sections, work for poverty alleviation and slum improvement Assessment of Sector Institutions Working closely with citizens, including various social and economic constituencies of the state, LSGD as well as the ULBs in Kerala have a strong public interface that is accountable and the local bodies and elected representatives enjoy the trust of the residents. 112 The State inculcated a strong, institutionalized system for citizens engagement through the People’s Plan Campaign, under which all LSGIs in Kerala (ULBs and RLBs) initiated a system of 110 The Planning and Development Wing of T&CP department is responsible for preparation and approval of Master Plans, the Regulatory and Enforcement Wing is responsible for monitoring the sanctioned plans. 111 http://townplanning.kerala.gov.in/ 112 In the Annual Survey of India's City-Systems-2016, the sample ULB from Kerala, Thiruvananthapuram ranked first in terms of enjoying people’s confidence, democratizes information and creates formal platforms for citizens participation that gives them ‘a sense of ownership over the city.’ 112 | P a g e decentralized participatory, bottom-up development planning, which gave them an opportunity to express their felt needs and get them prioritized for inclusion in the final local body plans. Over the years this has come to involve ward or area wise meetings to seek inputs for the local plans so that the ULBs are able to get a more granular assessment of the needs of each habitation, settlement, peoples. Over the period, this decentralized planning has come to include preparation of gender sub-plans for articulating gender specific needs, earmarking development funds to respond to them, statewide mobilization of women for their social and political empowerment under Kudumbashree, preparation of tribal sub-plans for tribal areas, Special Component Plan for the Schedule Caste and also Old-aged action plans. Out of the 941 Gram Panchayats and 152 Block Panchayats in Kerala, 861 GPs and all block Panchayats have taken ISO 9001: 2015 quality certification, which in the context of public systems, is awarded only if the system is designed ‘such that people receive uninterrupted services by providing a public friendly and accurate front office system, computerised record keeping and an orderly office system’.113 As per the state’s own assessment, it has devolved all but one urban sector functions (fire services) to the ULBs, including all the 3 functions related to planning- Urban and town planning, regulation of land use and building construction and planning for economic development. However, as per the Comptroller and Auditor General’s (Central Statutory Audit Office) Report for Kerala the devolution of planning functions is still not complete, meaning that respective line departments still largely control the funds, functions and functionaries related to these subjects.114 As per RKDP, investment planning in the urban sector doesn’t have a long-term horizon and lack of enforcement of master plans has led to unmanaged construction in hazard prone areas. It also notes that ‘long delays in the preparation and notification of master plans115 and their lack of funding, contribute to state’s weakness in the area of spatial planning.116 Citizens Engagement- As discussed about, the department and the local bodies have sound social capacities to facilitate participation of citizens in planning, implementation as well as community monitoring of schemes. The state and its local bodies steer one of the biggest decentralized annual planning exercise in the country every year, getting the involvement of various social constituencies in this process of plan preparation. The local bodies of Kerala also nurture one of the biggest women’s CBO in the country- the Kudumbshree which provides voice and agency to women of the state across social groups. The local bodies implement several social security programmes for the most vulnerable and marginalized, some of them specifically targeting specific vulnerabilities like disability, destitute, etc. Most municipal services offered by local bodies provide a digital (e-governance) interface to the citizens, which allow them to apply for services, track the status of applications, provide feedback on the quality of services as well as receive the final entitlement or service digitally.117 The Urban Affairs Directorate and all ULBs have their own Citizens Charter assuring accountability and quality in services being rendered by the municipality.118 In recent years, under section 517 B(3) of the Kerala Municipality Act 1994, many local bodies have also 113 Same as above. 114 Janagraha: Annual Survey of India's City-Systems, 2016 115 http://townplanning.kerala.gov.in/wp-content/uploads/2020/02/MASTER-PLAN-STATUS-FEB20.pdf 116 RKDP Master Document https://rebuild.kerala.gov.in/reports/RKDP_Master%2021May2019.pdf 117 For example, SANKETHAM Software for LSGs to grant building permits in transparent & standardised manner - https://buildingpermit.lsgkerala.gov.in/ 118 https://lsgkerala.gov.in/index.php/en/resources/citizen-charter, http://www.corporationoftrivandrum.in/citizen-charter 113 | P a g e started a process of voluntary public disclosure of information on different schemes, process of beneficiary selection or planning, budgets and expenditure by sectors-for the sake of increased transparency and accountability. Some ULBs also disclose their draft or sanctioned Master Plans on their websites. As far as the preparation of City Master Plans are concerned, although the State T&CP Act calls for consultations with the community, CSOs, professional organisations to seek inputs for the Master Plan, as well as discussion with members of Gram Sabha/Ward Sabha/ Ward Committees in the preparation of medium term Execution Plans, owing to limited human resources and technical capacities, very limited engagement of community stakeholders actually happens during the process of Master Plan preparation. 119 Low participation of the elected representatives and citizens in this process is also because despite the mandate lying with local bodies, the Act empowers the state government/ Deptt of T&CP for review, revision, variation and revocation of Plans developed by the ULBs and make changes to the land-use proposed by the local government in their Master plan.120 Grievance Redressal- LSG department has the most effective GRM among the state departments. Many other sectors, line agencies closely working with LSGs access the GRM of LSGD and of the individual ULBs to seek redress for their grievances. GRM of the LSGD provides for the complainant to file grievance and complaints of corruption against any of the 5 wings, with grievances against T&CP accepted around 4 categories of grievances related to concurrence from Town Planning Scheme and approval granted for layout and usage of plots, against specific districts town planning offices. It also accepts grievances against urban affairs directorate for 34 different categories of grievances, including those related to land development permit, encroachment of public lands and illegal construction.121 The LSGD GRM provides a distinct reference number to the complaint as well as the expected time within which the grievance is expected to be resolved. However, the state wide number 119 RKDP Main Document 120 http://townplanning.kerala.gov.in/wp-content/uploads/2020/02/Master-Plans-DTP-Schemes-Major-Statutory- provisions.pdf 121 https://pglsgd.kerala.gov.in/ 114 | P a g e of grievances received and redressed don’t suggest that many people access this mechanisms even though they may be aware of it. As per the LSG website 2238 applications have been received so far, of which 1571 have been replied to or action taken. The website does not suggest the time period for which the figures are displaced on the website. Similarly, each ULB also has its own GRM, a quick assessment shows that most Municipal Corporations maintain their own separate GRM with differing levels of efficiency. Most ULBs use a common LSG level GRM called Soochika122 for e-filing of their grievances and for tracking the status of their file/ grievance. If the aggrieved person is not satisfied with the redressal measures of the ULB or Panchayat, she/he can move the LSG Tribunal for redressal. GoK has constituted a LSG Tribunal for every district, to hear appeals or revisions filed against the decisions of Local Self Government Institutions (LSGIs) under Section 276 of State PRI Act. The state also has an office of Ombudsman LSG, where grievances related to allegations of corruption or maladministration can be filed. The Ombudsman may conduct investigations into instances of maladministration, corruption, favouritism, nepotism, lack of integrity or abuse of power against any official or elected representatives of all LSGIs (Corporations, Municipalities, and Panchayats) in accordance with the provisions of Kerala Panchayat Raj Act, 1994. Department of Town and Country Planning does not have a separate GRM but uses the one created for larger LSGD department. Its Regulatory and Enforcement Wing is created precisely to look at grievances related to deviations from the approved and sanctioned master plans and unplanned land use. Under the Kerala Municipality Building Rules, 2019, any person aggrieved by the decision of the Registering Authority under sub-rule (10) can appeal to Govt. (Deptt of T&CP), which will, after examining records direct to revoke the permit or stop work or require to modify or demolish the construction. Any person aggrieved by this government order can go in appeal to the LSGI Tribunal. Gender and Social Inclusion- As per the 74th Constitutional amendment that empowered local bodies, the LBs are provided the mandate to work on the following areas- ‘planning for economic development and social justice, safeguarding the interests of weaker sections of society, including handicapped and mentally retarded, slum improvement and upgradation and poverty alleviation’. About 24 percent of Total State Plan outlay for a given year is earmarked as Development Fund for allocation to local self governments, which they are free to utilize to implement their local plans. The LSGs have to mandatorily earmark 10 per cent of the General sector funds, SCP and TSP on Women Component Plan (WCP), 5 per cent for children, differently-abled, trans-genders and 5 per cent for old age and palliative care projects- about 20 percent. Against this allocation, actual expenditure of ULBs on these constituencies in 2018-19 spent was close at 17.31 percent. 123 As far as gender representation in city leadership is concerned most of the ULBs in Kerala have 50 percent of the council seats reserved for women.124 Likewise, nearly 50 percent of staff/ employee positions in the municipalities are occupied by women. In recent years, the local bodies have been increasingly relying on Kudumbshree women and using their services for expanding their outreach, creating awareness on schemes/ programmes, involving women members in implementation, taking help of women collectives (especially the neighbourhood groups) for identification of destitute, vulnerable families, individuals and connecting them 122 https://soochika.lsgkerala.gov.in/Soochika/NewLogin.aspx 123 Kerala Economic Review 2018-19 Volume I, State Planning Board 124 Janagraha: Annual Survey of India's City-Systems, 2016 115 | P a g e with schemes and entitlements aimed at them and strengthening local level planning and for its quality improvement..125 Other than the intent of mainstreaming gender concerns in local governance, a reason for greater involvement of Kudumbshree women in local level planning and implementation support is also the lack of adequate human resources within the ULBs to keep delivering on this wide mandate and offering an ever increasing number of public services. Institutional Assessment – State level systems As seen in the detailed assessment of the state level institutions in the section on Agriculture, state systems offer adequate social safeguards, by ensuring citizen’s engagement at various levels, providing a state wide system of grievance redress, securing the interest of women and ensuring their inclusion in schemes and programmes, providing for their protection from exploitation and abuse. (Kindly refer to state level institutional assessment in the chapter on Agriculture sector for more details) Program System Consistency with Core Principle Core Principle Social Assessment Core Principle #1: Program E&S The proposed investments operate within adequate legal management systems are and regulatory framework to ensure effective social designed to (a) promote E&S management of all risks. The state as well as LSGD have sustainability in the Program very strong framework of regulations, systems and design; (b) avoid, minimize, or institutions to ensure social sustainability, equity and mitigate adverse impacts; and (c) inclusiveness in delivery of services. promote informed decision- making relating to a Program’s LSGIs form one of the strongest institutions in the state E&S effects and have a rich history of associating directly with citizens for planning & implementation, although the experience of associating for spatial development or master planning has been very limited, as against that in other sectors. Municipal functionaries are overburdened, ULBs currently lack adequate human resource or expertise to support better town planning and development of risk informed City Master Plans. The state has been utilising the services of Kudumbshree members to fill the human resource gap and increase efficiency. Being largely dependent on state government, ULBs lack sufficient financial resources126 to implement City Master Plans. They also lack sufficient teeth to ensure adherence to land use as defined by town plans and prevent plan violations.127 125 https://thekudumbashreestory.info/index.php/what%E2%80%99s-kudumbashree/community- network/community-development-society-cds 126 For example, in Thiruvanantapuram Municipal Corporation the Per capita expenditure was Rs.11,668 (2015-16) and the proportion of own revenue to total expenditure was 24 percent. Annual Survey of India's City-Systems, 2016 127 Land use regulations are spread across multiple, incongruent legislations, orders and rules. Lack of streamlined and singular land management Act/policy/regulation and weak enforcement has led to overlap of business, habitation and public infrastructure. – RKDP Master Document 116 | P a g e LSGD as well as respective ULBs have dedicated GRMs that seem to be effective in the redress of complaints, although there is scope for further increasing awareness around them and getting more citizens to access them, instead of relying on traditional methods of directly petitioning of elected representatives. Core Principle #2: Program E&S The operations in this sector do not support activities that management systems are may have an impact on the religious or cultural resources designed to avoid, minimize, or of communities mitigate adverse impacts on natural habitats and physical cultural resources resulting from the Program. Program activities that involve the significant conversion or degradation of critical natural habitats or critical physical cultural heritage are not eligible for PforR financing. Core Principle #3: Program E&S The project workers in case of this sector are public management systems are servants- staff of the line department and those of the designed to protect public and municipal bodies. These public servants are protected by worker safety against the the service rules as well as national and states laws on potential risks associated with protection from abuse and exploitation. (a) the construction and/or operation of facilities or other The operation will need to ensure fair working conditions operational practices under the and working hours for staff of municipal bodies that are Program; (b) exposure to toxic deployed in the preparation of Master Plans, especially chemicals, hazardous wastes, female staff who will be facilitating the participation of and otherwise dangerous citizens in plan preparation. This is because most ULBs materials under the Program; are understaffed and any additional mandate is likely to and (c) reconstruction or impact the working hours, especially of women workers. rehabilitation of infrastructure located in areas prone to natural hazards Core Principle #4: Program E&S No investments are planned that may lead to physical or systems manage land acquisition economic displacement of communities or individuals and loss of access to natural - whether temporary or permanent in nature. resources in a way that avoids or minimizes displacement and assists affected people in improving, or at the minimum restoring, their livelihoods and living standards. Core Principle #5: Program E&S The activities planned for this sector are aimed at systems give due consideration enhanced institutional capacities of urban bodies to to the cultural appropriateness respond to future disaster events by ensuring disaster of, and equitable access to, preparedness, through creation of risk informed City Program benefits, giving special Master plans and better spatial planning of urban 117 | P a g e attention to the rights and settlements. This is intended to create resilience for interests of Indigenous urban communities and reduce their vulnerability Peoples/Sub-Saharan African through improved land-use planning, better community Historically Underserved awareness on the need to plan settlements and regulate Traditional Local Communities, development in hazard prone areas. The investments are and to the needs or concerns of aimed at facilitation of Master Plans by a capacitated vulnerable groups. team of ULB staff including planners, so that the needs of urban poor and migrants, who occupy the most vulnerable areas of urban settlements, get reflected in the Master Plans. ULBs will need institutional strengthening (clearer mandate as well as human/ financial resources) so that they can enforce stronger regulation around land-use/ town planning and be made accountable for effective implementation of the Master Plans. Although there is remote chance that ULBs selected for piloting master plan preparation in the Pamba Basin will have tribal settlements or common property regimes accessed by them near or within municipal limits, an initial risk screening will be done at the time of selecting pilot ULBs for exclusion of any ULB if spatial planning is likely to adversely impact/ disturb existing settlements or resources accessed by local tribal communities The state systems as well as LSG are expected to ensure adequate transparency and accountability in the preparation of City Master Plans to ensure equitable spread of benefits across the city and groups from improved and resilient spatial planning. Core Principle #6: Program E&S The nature of program investments is such that they are systems avoid exacerbating not likely to lead to or exacerbate social or resource social conflict, especially in conflicts. fragile states, post-conflict areas, or areas subject to territorial disputes. Stakeholder Consultations and Disclosure Stakeholders identified for consultations around this sector are mapped in the comprehensive stakeholder map prepared for the program. (Annexure B) These include departmental functionaries at the state, district, sub-district and Panchayat / Municipal levels, as also line and support agencies and training institutions, including chairman and vice chairman of the municipalities, SHG members, health workers and teachers. They also cover user groups and community institutions formed around areas/issues where the sector investments are likely to occur. These consultations are aimed at understanding the current chain of implementation of schemes/ projects in these respective sector institutions, assess the existing social capacities and procedures adopted by them, to see how social issues related to inclusion, access, equity 118 | P a g e in benefit sharing, participation, transparency/ accountability in sectoral planning and implementation are addressed by them and the gaps that exist therein. These consultations also aim at assessing from the point of view of the service providers/ duty bearers as well as communities, user –groups and service recipients the quality and inclusiveness of services, especially for the vulnerable groups- single women, SCs/ STs, landless/ asset-less, elderly, People with Disabilities (PwDs) and migrants. As shared in ESSA methodology, consultations with stakeholder were facilitated by Kerala Institute of Local Administration (KILA) at the state and in the Pamba basin districts. The following key inputs have been received from these stakeholder consultations and have been used to further inform this systems assessment. Inputs from State Consultations  ULBs are capable of collecting data and providing description, but they are unable to produce their own maps, technical analysis or a complete project proposal.  Rather than vulnerable communities the focus must be on vulnerable regions in resilience based planning. More than women and other social categories, it is important to take an area based approach, so that it covers everyone in such an area.  Risk based vulnerability assessments were part of earlier City Master Plans, wherein flood prone regions and buffer zones of 15 meters around river basins were demarcated, but not much attention was paid to their maintenance until the floods of 2018.  Most buffer zones are under pressure due to high demand from construction industry and there is immense pressure on local authorities to monitor them and restrict development. Awareness needs to be created among public and policy makers regarding their importance to make them less vulnerable to encroachment and attempts at land grab.  Exposure and capacity building on planning, especially risk informed planning, needs to be done. For engineers in LSGDs capacity building on planning is required. Agencies like KSDMA can be made nodal agencies for such trainings.  Usually feedback is taken by a participatory process while developing a master plan and these include using feedback mechanisms available in the councils and wards. Inputs from Community Consultations  Stakeholders were not satisfied by the level of community participation in preparation of master plans in the ULBs. Most were unsure when the last master plan was prepared, approved or notified and feel there was a lack of clarity/ transparency around the process of master plan preparation in the past. In ward level meetings only annual development plans are discussed and community members have never participated in any meeting related to town master planning.  In Thiruvalla Municipality (Pathanamthitta District) the Master Plan preparation begun in 2016 was finally completed in 2020. Consultations were held with communities and elected leaders during preparation of the Master Plan and nearly 506 suggestions and complaints were received and partially addressed. The plan is still under consideration of state government and is not yet approved or notified, even though people are satisfied by the way their needs were addressed in the plan.  Groups like residents welfare associations, SHGs and ward sabhas must be used as a platform for seeking suggestions and discussing these plans before they are finalised. 119 | P a g e The draft ESSA report will be disclosed on the website of Resilient Kerala Initiative (RKI- RKDP) and on the World Bank external website for comments and feedback and will be finalized after incorporating the suggestions received from the stakeholders. Gaps and Recommendations  The assessment of social systems shows that the capacities of relevant sector institutions and those responsible for social management in the state are good, except for the fact that there is a need to create additional capacities within ULBs on spatial planning for linking these spatial plans to district development plans and ensuring inclusion. Planners and ULB staff responsible for preparing Master planning guidelines, and subsequently for piloting the Master Plan preparation, need to be capacitated to understand the specific risks and vulnerabilities of marginalized communities, so that attention can be paid to ensure that their spatial needs are well assessed in the guidelines; steps are taken to give them opportunity to articulate their needs during Master plan preparation. As pointed by GoK’s internal assessments (RKDP), ULBs will also need to be given adequate human and financial resources to prepare Master Plans using a participatory process and ensure their effective implementation.  Accountability regime in the state around city level master planning is unclear. While the law has provided ULBs the mandate to develop Master Plans that guide the long term development of the town/ city, there is poor accountability with regards to its preparation, with no clear timelines for developing the draft, its approval by municipalities and final sanction by the T&CP department. As a result, Master Plan preparation continues for a very long period, taking away it’s ownership from the district/ town planners and elected leaders. While ULBs are expected to be responsible for its preparation and implementation, they are not insulated from interference in its preparation and implementation. The law allows other state institutions to recommend variations to Master Plans (in the way land use takes place) as well as power to review and revoke these plans. In addition, law does not empower ULBs to prevent violations of the plans. A stronger legal regime will help in fixing clearer accountability for preparation of time bound, risk informed Master Plans.  LSGD and ULBS have their own dedicated grievance mechanisms in place that people are aware about and seem to be functional. However, there is limited use of these mechanisms by the general public; there is greater reliance on direct complaints to elected representatives, rather than using the formal systems. This is also because the state has far higher number of councilors for a given population as compared to other states, which makes elected representatives easily accessible to the community.128 However, there is a need to create awareness and transition towards digital systems of grievance redress that are traceable, transparent and more accountable. 128 In Kerala 1 Councillor represents a population of approx 7,000 in the city, compared to this 1 Councillor in Mumbai (India’s largest city) represents over 50,000 people. Annual Survey of India's City-Systems, 2016 120 | P a g e Disaster Risk Management Sector Kerala is highly vulnerable to multiple natural and anthropogenic hazards owing to its mountainous topography and geo-hydrological features. It is also prone to climate change induced vulnerabilities owing to its location along the sea coast and a steep gradient along the Western Ghats. High density of population (at 860 people/sq km as per 2011 Census), narrow roads, relatively higher density of coastal population, are factors that increase the vulnerability of its population to disasters. Nearly 14.5 percent of the states geographical area is susceptible to floods, 14.4 percent to landslides, 23 percent to slight drought and nearly 63.8 percent of the geographical area to moderate droughts.129 As per the Post Disaster Needs Assessment (PDNA) 2018, the total estimated damage and loss (except losses and damages incurred by transportation, power, irrigation other infrastructure and losses by private traders and businesses) was around ₹42,425.0 crores, while the recovery needs of the various sectors of the State Economy was estimated at around ₹31,000 crores.130 Climate Change vulnerability of Kerala is high with risks of increase in mean surface temperature by 0.5 to 4.5 degrees in next 100 years, decreasing trend of precipitation based on rainfall data, and an estimated sea level rise of 1.30 mm/year.131 The State lies in seismic zone III, which corresponds to Moderate Damage Risk Zone. The western flank of Western Ghats covering the eastern part of Kerala (1500 sq.kms) is one of the major landslide prone areas of the country, leading to road collapse, silting of river beds and damaging public and private assets every year. Its coastline is also prone to erosion, monsoon storm surges and sea level rise, while land subsidence due to tunnel erosion and soil piping has seen increase in hilly areas in recent years.132 Considering these challenges the state has taken a head-start in Disaster Risk Management by developing State, District and local level Disaster Risk Management (DRM) plans, developing implementation mechanism to operationalise disaster response in case of a hazard or disaster event and ensure better preparedness Program Description The current operation aims to build about the progress made by the state in disaster risk management by supporting the integration of climate risk information in the existing DRM plans of the local bodies. This will be done by making climate information and models available with more granular, local and usable details of a scale that it can be incorporated in the local DRM plans by the LSGs for supporting a comprehensive (disaster and climate related) risk assessment and preparation of integrated response or management plans. Currently, this climate change related information is available at a local scale but it is not being used for local level planning. The operation will support LSGs of the Pamba Basin to integrate this climate information into their DRM plans. It will also capacitate the local bodies to use the Disaster and Climate Action Tracker (DCAT) tool to assess the efficacy of their proposed climate adaptation and mitigation related activities/ investments, to ensure that they climate and DRM informed. Whlle over the past few years, through regular capacity building by state institutions, Kerala’s LSGs have developed the capacity to prepare local DRM plans, there is a need to augment 129 Kerala State Disaster Management Plan, 2016 130 Post Disaster Needs Assessment, Landslides and Floods, 2018 131 Kerala State Action Plan for Climate Change 132 RKDP Master Document https://rebuild.kerala.gov.in/reports/RKDP_Master%2021May2019.pdf 121 | P a g e their capacities to make these DRM plans climate risk informed. For this, the operation will support GoK to select (and incentvize) some LSG of the Pamba Basin on a pilot basis, and train their concerned staff and elected representatives on preparing integrated ‘climate risk informed DRM plans for their local bodies. This will entail augmenting the capacities of local resource persons to understand climate change risks, their manifestation / impact at the local level (based on information available from the downscaled climate models), embedding climate information into local level DRM and development plans and supporting them to use DCAT to monitor co-benefits of the proposed activities. Technical assistance will also be provided to LSGD and its designated training institution for developing training modules and establishing tools, processes and systems for climate proofing of the DRM plans. Expected Social Effects of the Program Proposed interventions are likely to enhance the preparedness and resilience of communities to disaster and climate induced risks and hazards in future. Since the local DRM plans will be informed not only by the disaster related risks but also by climate risks, both of which the state is quite vulnerable to, it will help LSG to better prepare through an integrated risk assessment and response. Sector investments will also help the LSGs to enhance their capacity to quantify co-benefits of climate change mitigation measure included in these plans and see if they are on track. This will especially have positive effect on the most poor and marginalised communities, as they are most vulnerable to climate and disaster related events. Kerala is the first state where LSGs have prepared their local DRM plans, while other states make DRM plans upto the State and District level, as per NDMA guidelines. So far 850 LSGs of the state have prepared DRM plans. Under the current operation LSGs will be incentivized to undertake climate-informed DRM planning and converge resources to initiate activities aimed at climate resilience across key sectors. Benefits and Risks Potential Benefits Downscaling of the climate models and its availability for the local governments will help them to better understand the climate related risks and challenges (in addition to those disaster related) and hence be better prepared to address them. Availability of integrated risk assessments (that are informed by both disaster and climate related vulnerabilities) will create local capacities within LSGs to prepare better response plans for preparedness and management. This will also be particularly advantageous as adverse impacts of most disaster and climate induced events are heavily skewed towards marginalized communities which bear their brunt the most, owing to their locational disadvantage (occupying the most vulnerable and hazard prone landscapes) and their low capacity (physical, social and economic)133 to overcome shocks induced by such adverse events. This is also because the most marginalized sections of the society (fisherfolk, small, marginal women farmers, landless, tribal communities) are dependent for their food and livelihood security on climate sensitive sectors like fisheries, agriculture, forestry that are highly vulnerable to climate change.134 133 Physical for those with disabilities, old aged, children, pregnant women; Social for single women, migrants, scheduled tribes and castes; Economic for destitute and poorest of the poor. 134 Kerala State Action Plan on Climate Change 122 | P a g e Most LSGs are presently trained to work with a response-centric (post-disaster) approach to disaster management.135 Shift to a more proactive, preparedness based approach is likely to minimize physical impacts (damages) of adverse events on communities and hence resilience. Impacts of weather and disaster events get aggravated due to poor enforcement of the existing legal regime (like changes to land use or land-cover, encroachment on flood plains or drainages, shrinkage of carrying capacity of water bodies). A broader scoping of the causality for disasters will help the LSG in making more robust DRM plans that minimize future impacts on the marginalized. Potential Risks The comprehensive plans are likely to address the vulnerabilities of disadvantaged communities, but there is risk of exclusion of their specific vulnerabilities during the process of preparing climate informed DRM plans. This is because of the limited current capacities of the LSGs to understand climatic issues, climate induced vulnerabilities and their bearing on local communities, especially the disadvantaged. It is also possible that the poor and vulnerable such as fishing communities (whose survival greatly depends on clear forecast of weather events/ disasters) get excluded from participating in consultation process for preparation of climate informed DRM plans. If these plans are not backed by adequate financial and human resources they will be very difficult to operationalise and improve community resilience. SOCIAL BENEFITS SOCIAL RISKS Lack of participaiton by poor & Better understanding & vulnerable during preparation of preparedness for climate risks climate informed DRM plans Improved local capacities & Limited capacities of LSG staff & ERs preparedness for climate and to understand CC risks and imacts disaster related risks/events Inclusive Resilience - marginalised Exclusion of tribal habitations due have dependence on climate to hilly/ difficult terrain sensitive sectors Preparedness based approach to Plans not backed by adequate minimize adverse impacts esp. on human and financial resources to poor & vulnerable ensure effective implementation Legal Instruments, Policies and Programmes/ Schemes Legal Environment for the DRM Sector The sector policies accept the need for utilizing the available social capital and providing a bigger role for local communities in disaster risk preparedness as well as management. They realize that the local governments are best placed when it comes to preparing for and responding to disaster events. The policies call for capacitating them and the communities, including civil society, community based organisations for preparedness and for enhancing their resilience to disaster related shocks and impacts. The state strategy for Community Based Disaster Risk Management centre-stages the community with supportive role being provided by government agencies, non-government 135 RKDP Master Document May 2019 123 | P a g e organizations/ civil society, voluntary agencies and local community action groups, under the overall direction and supervision of District Disaster Management Authorities in the district and the Kerala State Disaster Management Authority (KSDMA) in the state. It envisages leveraging existing social capital and traditional knowledge in sustainable management of disasters for preparing Panchayat-centric community based disaster management plans.136 In line with the National Disaster Managament Act (NDMA), the state policy calls for the constitution of Village Disaster Management Committees or Task Forces (VDMCs) to reduce the risks associated with disasters and dependency on external agencies. These VDMCs are to strengthen the coping mechanism of the village to combat various magnitudes of disaster. Under this preference is to be given to capacitate the most vulnerable groups like women, children, elders and differently-abled for their rescue and evacuation. Major Sector Schemes There are no major national or state schemes in the DRM sector that support the preparation and implementation of DRM plans. Funds available under the NDMA as State Disaster Response Fund (SDRF) and the National Cyclone Risk Mitigation Project (NCRMP) and the State Budget are used for supporting implementation through the temporary structure provided under the Act/s, and policies with the anchoring role provided by the state and district level DRM authorities (SDMA/ DDMA). Institutions and Capacities to Manage Social Risks Three institutions will be key recipients of investments under the DRM sector. The KSDMA and LSGD will be responsible for making the climate data available for use locally137 and supporting LSGs to use this data. They will also be responsible for supporting the DRM planning process and train human resource at the LSG (functionaries and elected representatives) for making these DRM plans climate risk informed. In addition, Kerala Institute of Local Administration, as the state’s apex training institution is expected to support the KSDMA and Department of LSG (LSGD) in preparing these CC-DRM planning training modules with support from the latter and conducting trainings for selected LSGs of Pamba Basin138. KSDMA, as the nodal and coordinating agency of the state for Disaster Management comes under the department of revenue and Disaster Management. KSDMA is the administrative agency while within it there is the Kerala State Emergency Operations Centre (KSEOC) which is responsible for all technical matters related to Disaster Management. Headed by Member Secretary Of the Authority, KSEOC/ KSDMA has different wings / divisions to look at different issues related to coordination with districts or DDMAs, GIS lab, a Fusion Centre to undertake Hazard and Risk Vulnerability Assessments, a Capacity building cell as well as a cell to support DRM planning at different levels. A cell on Rebuild Kerala Initiative has also been recently established with capacities on social and community development, apart from other areas.139 Institution Functions relevant for Social Management Kerala State  Develop DRM policies and practices for the state that integrate Disaster gender, age and disability related consideration to ensure inclusive, 136 Kerala State Disaster Management Policy 137 KSDMA supported research is underway on dynamically downscaling the regional climate: simulation of extreme rainfall events and their impacts over the State- https://sdma.kerala.gov.in/downscaling-climate-change- forecast-2017/ 138 KILA has been offering capacity building support to LSGs for climate proofing of their development plans 139 https://sdma.kerala.gov.in/office/ 124 | P a g e Management resilient development. Authority-  Provide funds to DDMAs and LSG for undertaking participatory KSDMA planning and preparedness.  Ensure that needs of vulnerable groups such as women, elderly, PwD, SCs, STs, fisherfolk and migrants are mainstreamed in local and district level DRM plans.  Coordinate with CSOs/ LSGs/ CBOs & social volunteers.  Develop and maintain a virtual cadre of DRM personnel for mainstreaming DRR across line departments.  Conduct risk assessment and share risk information with departments and relevant LSGs.  Plan and promote strategies for Community-Based Disaster Risk Management –CBDRM.  Organise training programmes for LSG functionaries and leaders, emergency response teams, social volunteers on DRM and its different aspects -land use planning, hazard risk zoning, vulnerability assessment. Department of  Build capacity of the LSGs on DRM planning. Local Self  Ensure requisite capacities among office bearers of LSGIs such that Government – they can address the interests of the vulnerable groups like women, LSGD elderly and children, in the wake of disaster.  Coordinate with other department and agencies.  Provide human and financial resources required by LSGs.  Provide regulation to LSGs by setting up an Ombudsman and Tribunal to redress grievances of citizens and other parties against local bodies. Local Self  Promote citizens participation in DRM planning and their engagement Governments - in operationalising these plans. LSGs  Mobilise communities and individuals (as volunteers or response teams) to ensure citizens engagement in preparedness and response.  Ensure regular training and capacity building of its cadres and elected leaders on different aspects of disaster management.  Safeguard interests of vulnerable sections; ensure identification of their vulnerabilities and appropriate strategies to respond to them during an adverse event. Assessment of Sector Institutions LSGD as well as the ULBs in Kerala have a rich history and a strong community interface. As a result, the local bodies and elected representatives enjoy the trust of its residents. The LSGs have been preparing decentralized local development plans using a participatory approach that is inclusive and provides an opportunity to the vulnerable and marginalized to get their needs and priorities included in these local plans. Kerala is the first state where a successful attempt has been made to deepen ownership and sensitivity about disaster related issues and facilitate the preparation of local DRM plans. Likewise, climate sensitivity of the state’s population is also manifested by the fact that it is also the first state in the country where an attempt has been made to make a more granular 125 | P a g e and localized assessment of climate impacts and using that information to develop Local Action Plans On Climate Change-LAPCC (at the level of a Gram Panchayat cluster) on the lines of State Action Plan On Climate Change (SAPCC). Since the local bodies have been effectively engaging on a regular basis with different constituencies like women, scheduled castes and tribes and the old aged for the preparation of gender sub-plans, special component plans and tribal sub-plans apart from old-aged action plans, they have developed the capacity to assess their specific needs during the planning process, which will be useful during climate informed planning. Citizens Engagement- LSGD and the LSGIs have sound social capacities to facilitate participation of citizens in planning, implementation as well as monitoring of plans. The state and local bodies have more than 25 year long experience of facilitating decentralized planning through the involvement of various social constituencies. The LSGI also handhold and nurture one of the biggest women’s collective - the Kudumbshree which provides voice and agency to women of the state across social groups and across sectors. These women members proactively participate in the disaster relief, preparedness and response in close coordination with the local bodies. The local bodies also implement several schemes/ programmes specifically targeting the most vulnerable and marginalized and engage with them on a regular basis. Most local bodies also have their own citizen’s charters assuring citizens of basic minimum public services. Each local body has constituted its own community institutions like the Emergency Response Teams that spearhead the post disaster action in a Panchayat or municipality. Likewise, each Panchayat is also expected to constitute a Village Disaster Management Committee to advise the Panchayat on all related issues and coordinate local action around it. 140 KSDMA also has experience of working with citizens through the DDMAs and VDMCs. There are a number of local cadres of citizens/ volunteers that are engaged by KSDMA in disaster management. These are a) Emergency Response Teams- which as part of the LSG and which are trained by KSDMA to response in case of crisis, b) Aapada Mitra – these are a set of community volunteers on disaster response created as part of the NDMA for the most disaster/ flood prone districts of the country. They are intensively trained and provided periodic refreshers and drills on post disaster response and relief, c) Samoohika Sannadha Sena- which is a common platform of volunteers and voluntary organisations created by the state141 and managed by the KSDMA. It creates a database of all civilians and organisations offering to volunteer their services in the event of a crisis in the state. d) Kerala Volunteer Youth Action Force -formed to prepare youth volunteers to deal with natural disasters. Nearly 2,000 youths have been trained and volunteer force has been set up in all 14 districts. KSDMA offers virtual training to these volunteers (through a mobile application) on how to respond in the event of a disaster.142 The RKDP also recommends that the DRR plans of each department should be drawn using a participatory approach and should be sensitive to the needs of vulnerable groups such as women, the elderly, persons with disabilities, SCs, STs, fisher-folks and migrants.143 Grievance Redressal- LSGD has an effective GRM that it used by citizens and users of services of many other sectors and departments to register their complaints and grievances. The LSGD 140 https://lsgkerala.gov.in/index.php/en/resources/citizen-charter, http://www.corporationoftrivandrum.in/citizen-charter 141 Vide GO (Ms) No. 1/2020/GAD dated 1-1-2020 Government 142 https://sannadhasena.kerala.gov.in/ 143 RKDP Master Document https://rebuild.kerala.gov.in/reports/RKDP_Master%2021May2019.pdf 126 | P a g e GRM allows the aggrieved to file their grievances and complaints of corruption against any of its 5 wings, although the menu of complaints does not include specific complaints related to disaster management.144 The LSGD GRM provides a distinct reference number to the complainant to be used for tracking the status of grievance at a later date. However, the number of grievances received and redressed is quite low (2238 applications/ grievances) considering that these are state wide numbers for a department that offers a very large number of services that affect the daily life of all citizens. Most large municipalities (Municipal Corporations and some Councils) have their own separate GRMs. Most local bodies (both panchayats and municipalities use the common GRM created for them by the state called Soochika145 for e-filing of their grievances and for tracking their status. If the aggrieved person is not satisfied with the redress, she/he can move the LSG Tribunal. The LSG Tribunal in every district hears appeals against the actions or decisions of any Local Self Government Institutions (LSGIs) under Section 276 of State Panchayati Raj Act. Kerala also has an Ombudsman for LSG, where grievances related to allegations of corruption or maladministration- favouritism, lack of integrity or abuse of power against any official or elected representatives can be filed. The Ombudsman may conduct investigations into complaints in accordance with the Kerala Panchayat Raj Act, 1994. KSDMA does not have its own dedicated GRM and like in case of other agencies, most people with grievance directed at them either access the LSGD GRM or the common GRM - Soochika to direct their LSG specific grievances related to Disaster Management. Gender and Inclusion- As per the 73rd and 74th Constitutional amendment that empowered local bodies, the LSGs are provided the mandate to work on the following areas- ‘planning for economic development and social justice, safeguarding the interests of weaker sections of society, including handicapped and mentally retarded, implement beneficiary oriented schemes for SC/ ST and poverty alleviation. The 73rd amendment related to rural local bodies or panchayats specifically mentions their responsibilities as - ensuring peoples participation in development, organising relief activities during calamities, inculcating environmental awareness and motivating local action around it. Women bear a disproportionate burden of losses during natural disasters and are usually at the forefront looking after the elderly, children and animals while at the same time assisting in rescue efforts. This risk is amplified because many households in the state are headed by women. Therefore integrating their needs in DRM planning and addressing their specific needs for shelter, safety, sanitation etc, needs to be a priority.146 Likewise, the STs living in vulnerable areas of the Pamba Basin uplands and landslide/ flood prone areas as well as coastal fishing communities need to be involved in the planning and prioritization process, as they bear the brunt of climate and disaster induced events and understand the relation between natural resources, weather and climate impacts and adaptation to them better. KSDMA has developed a women-centered strategy for preparation, response and rehabilitation that aims to incentivize participation and local leadership of women for disaster management. In recent years, the state has galvanized its large network of women Kudumbshree members for relief and rehabilitation. In the ongoing COVID crisis, the state’s 26,000 strong female frontlines health workers or ASHA (Accredited Social Health Activists) became the eyes and ears of the government and are helping the state recover from the 144 https://pglsgd.kerala.gov.in/ 145 https://soochika.lsgkerala.gov.in/Soochika/NewLogin.aspx 146 RKDP Master Document 127 | P a g e pandemic.147 The authority also undertakes regular hazard and risk vulnerability assessment of regions analyzing their social, economic and environmental vulnerabilities and recommending mitigation and adaption measures, particularly for socially vulnerable groups like pregnant women, infants, disabled, sick and the elderly. KSDMA has also developed guidance handbook for practitioners on how to mainstream disability on DRR and developing a disability inclusive DRR strategy.148 KSDMA also follows the Sendai Framework which calls for ‘governments to engage with relevant stakeholders, including women, children and youth, persons with disabilities, poor people, migrants, indigenous peoples, volunteers, community of practitioners and older persons in the design and implementation of DRR policies, plans and standards’ and aims to ‘integrate gender, age, and disability considerations in policies and practices to ensure inclusive and resilient development.’ Institutional Assessment – State level systems As seen in the detailed assessment of the state level institutions in the section on Agriculture, state systems offer adequate social safeguards, by ensuring citizen’s engagement at various levels, providing a state wide system of grievance redress, securing the interest of women, elderly, disabled and ensuring their inclusion in schemes and programmes. (Kindly refer to state level institutional assessment in the chapter on Agriculture sector for more details) Program System Consistency with Core Principle Core Principle Social Assessment Core Principle #1: Program E&S Kerala has one of the most enabling policy legal management systems are environments for DRM in the country. Recent spate of designed to (a) promote E&S disaster events (floods and landslides) have sensitized sustainability in the Program and forced the state into action, to ensure a much more design; (b) avoid, minimize, or comprehensive and inclusive framework for DRM. mitigate adverse impacts; and (c) promote informed decision- LSGD and local bodies have been addressing issues of making relating to a Program’s equity and inclusion in the public services that they offer E&S effects to citizens and have competent systems to ensure inclusion of needs and priorities of vulnerable groups during the participatory preparation of climate risk informed DRM plans. In recent years LSGs have developed capacities to undertake planning around DRR issues. Nearly 850 GPs have already prepared their DRM plans, but await implementation, as they need to integrate with local development plans. The State Disaster Management Plan mandates relevant departments to allocate 10 percent of their budget for integrating DRR in their sector; however, no such allocation has happened in practice. From 2020-21, Kerala State Planning Board has also made integration of DRM plans with local development plans 147 Inclusion of Vulnerable Groups in Disaster Relief in Kerala, IWAGE, Sept 2020 148 Handbook on Disability and Disaster Risk Reduction, Kerala. KSDMA 2016 128 | P a g e mandatory, which gives this exercise the required seriousness. Now local plans will need to include projects on DRM and mitigation, considering the susceptibility of the area to natural disasters and their existing capacity to tackle them.149 However, Panchayat and municipal functionaries are already overburdened, and lack human resource or adequate expertise to support risk informed DRM planning. Being largely dependent on state government for resources, they lack sufficient financial resources to implement DRM Plans. LSGD and the LSGIs have dedicated GRMs that seem to be effective in the redress of complaints, although there is scope for further increasing awareness and getting more citizens to access them. Core Principle #2: Program E&S The operations in this sector do not support activities that management systems are may have an impact on the religious or cultural resources designed to avoid, minimize, or of communities mitigate adverse impacts on natural habitats and physical cultural resources resulting from the Program. Program activities that involve the significant conversion or degradation of critical natural habitats or critical physical cultural heritage are not eligible for PforR financing. Core Principle #3: Program E&S The project workers in case of this sector are public management systems are servants- staff of KSDMA, local bodies. These public designed to protect public and servants are protected by the service rules as well as worker safety against the national and states laws on protection from abuse and potential risks associated with exploitation. (a) the construction and/or operation of facilities or other Since most disaster related frontline workforce in the operational practices under the state comprises women- Kudumbshree members and Program; (b) exposure to toxic ASHA or Anganwadi Workers, additionality of mandate chemicals, hazardous wastes, will impact their working conditions and working hours, and otherwise dangerous which needs to be addressed to ensure fair working materials under the Program; conditions. and (c) reconstruction or rehabilitation of infrastructure located in areas prone to natural hazards Core Principle #4: Program E&S No investments are planned that may lead to physical or systems manage land acquisition economic displacement of communities or individuals- and loss of access to natural whether temporary or permanent in nature. resources in a way that avoids or 149 Kerala Economic Review Volume I, 2018-19 State Planning Board 129 | P a g e minimizes displacement and assists affected people in improving, or at the minimum restoring, their livelihoods and living standards. Core Principle #5: Program E&S Climate and disaster events have a disproportionately systems give due consideration adverse impact on the marginalised, as well as those to the cultural appropriateness inter-sectionally vulnerable. Better assessment of climate of, and equitable access to, and disaster related risks through a hazard and Program benefits, giving special vulnerability risk assessment as well as its use in attention to the rights and preparing climate informed DRM plans will increase interests of Indigenous community awareness and help in improved systems and Peoples/Sub-Saharan African capacities for preparedness and greater resilience, Historically Underserved especially for the vulnerable. Traditional Local Communities, and to the needs or concerns of Decentralised, participatory planning processes adopted vulnerable groups. by the state, and refined over last 25 years, has led to significant attention being paid to identifying the needs of vulnerable, (through dedicated gram / ward sabhas and women sabhas to help them to articulate their priorities) an ensuring a place for them in the final development plans. All such plans have to explicitly identify investments that are directed at the welfare of different vulnerable groups- women, elderly, children, SC, ST and transgender and ensure that around 20 percent of investments are directed at them. LSGI will need institutional strengthening (additional human/ financial resources) to be able to assess climate risks and impacts and integrate them in local DRM and development plans. The state systems as well as LSG are expected to ensure adequate inclusion, transparency and accountability in preparation of climate informed DRM Plans, to ensure equitable spread of benefits and improved resilience. Core Principle #6: Program E&S The nature of program investments is such that they are systems avoid exacerbating not likely to lead to or exacerbate social or resource social conflict, especially in conflicts. fragile states, post-conflict areas, or areas subject to territorial disputes. Stakeholder Consultations and Disclosure Stakeholders identified for consultations around this sector are mapped in the comprehensive stakeholder map prepared for the program. (Annexure B) These include departmental functionaries at the state, district, sub-district and Panchayat / Municipal levels, as also line and support agencies and training institutions, apart from chairman and vice chairman of 130 | P a g e municipalities, SHG members, PHC workers and teachers. They also cover user groups and community institutions formed around areas/issues where the sector investments are likely to occur. These consultations are aimed at understanding the current chain of implementation of schemes/ projects in these respective sector institutions, assess the existing social capacities and procedures adopted by them, to see how social issues related to inclusion, access, equity in benefit sharing, participation, transparency/ accountability in sectoral planning and implementation are addressed by them and the gaps that exist therein. These consultations also aim at assessing from the point of view of the service providers/ duty bearers as well as communities, user –groups and service recipients the quality and inclusiveness of services, especially for the vulnerable groups- single women, SCs/ STs, landless/ asset-less, fisher folk, elderly, People with Disabilities (PwDs) and migrants. As shared in ESSA methodology, consultations with stakeholder were facilitated by Kerala Institute of Local Administration (KILA) at the state and in Pamba basin districts. The following key inputs have been received from these stakeholder consultations and have been used to further inform this systems assessment. Inputs from State Consultations  If a house is destroyed during a recognized disaster, then their details are included in the list of affected families by revenue department, which is nodal for such actions, and their inclusion is ensured during the beneficiary listing stage by local government and a local committee is constituted for validating and overseeing payment of compensation.  KSDMA provides specialized training to its volunteers and state response force on rescuing people with disabilities. It also has a basic grievance redressal mechanism to tackle any exclusionary actions due to political pressure.  The primary relief agencies are revenue and agriculture, but their limited understanding of social/ local issues means that they try to apply relief measures by the book/ norms, which leads to exclusion of affected persons.  This is the reason why LSGD is now being given a more prominent role in disaster management. LSGs need capacity strengthening for undertaking climate informed planning and also need more frequent monitoring of these plans. Inputs from Community Consultations  Consecutive floods of 2018 and 2019 caused extensive damage - wide destruction of paddy causing farmers distress and unemployment. Along with crop loss there was loss of livestock -poultry, ducks and goats and damage to roads, schools and anganwadis which are not yet repaired.  None of the community or ward members across GPs in Alappuzha district received any formal training on disaster management, although there is a volunteer committee at the ward level for ‘developing disaster resilience’. In Kottayam district some members did receive training but that was a few years ago.  In Pathanamthitta district, some elected representatives received formal training on DRM and these inputs were utilized while developing the panchayat level DRR plans. They collected data across parameters about the GP, formed ward level rapid response teams, conducted separate gram sabhas for creating awareness and seeking feedback and identified safe havens for evacuation during disasters.  As there are several shortcomings in the existing DRM training and planning process, it is necessary to create public awareness about DRM issues, provide resources to 131 | P a g e rapid response teams, properly training Panchayat level committees like volunteer committees and DRM Working Groups on disaster reduction and management.  As the capacities of ULBs (leaders and functionaries) on disaster management, developing local climate change action plans and their implementation is limited, they should be formally trained by departmental agencies to address climate change issues and disaster management. The draft ESSA report will be disclosed on the website of Resilient Kerala Initiative (RKI- RKDP) and on the World Bank external website for comments and feedback and will be finalized after incorporating the suggestions received from the stakeholders. Gaps and Recommendations  The KSDMA, LSGD as well as individual local bodies have reasonable social capacities to ensure that sector strategies are inclusive and equitably benefit different social groups and communities. Although the state has initiated steps in that direction, there is a need to enhance capacities for climate informed planning. This needs to be done by un-boxing the complexities related to climate change and making the staff and functionaries of LSGs understand them, so that they can then link them to specific vulnerabilities of different social groups- women, migrants, PwD, inland and coastal fishing communities etc.- and engage those with vulnerabilities during the DRM planning process. The state will also need to ensure allocation of budgets for integrating DRR in their works, so that LSGs have human and financial resources to prepare and operationalise plans for addressing climate and disaster related vulnerabilities and manage social risks.  Although the State and Local Self Government Department (LSGD) have put emphasis on preparing climate informed plans, currently, there are no mechanisms to ensure the integration of these risk-informed DRM plans into panchayats development plans. Unless the plans are specifically linked to schemes and budgets, with clear timeframes and supported by an accountable institutional and legal framework to manage disaster response locally, it will be different to operationalise them. This requires a roadmap with clear assignment of roles and responsibilities to integrate CC-DRR in their respective departmental plans and link them to the local priorities / people’s needs.  LSGD and LSGI have their own dedicated or common grievance mechanisms for receiving grievances and complaints. However, looking at the numbers accessing these systems, its use by citizens seems very limited, especially considering that the department and the LSGs are responsible for providing almost all the basic public services and, as seen in other states, there are likely to be higher number of grievances if the system is used effectively. This requires a renewed effort at creating awareness about LSGD’s GRM in the community and revamping it to make grievances traceable through multiple offline and online mediums, proactive disclosure of grievance redress status, their categories and assessment of how the grievances are being used for systems improvement. 132 | P a g e Disclosure Stakeholder Workshop: Held through a virtual forum on 18 February 2021, the following were the highlights of the stakeholder feedback received. [To be completed.] The draft ESSA reports – this draft ESSA Summary Report (Part A), the draft ESSA Environmental Report (Part B) and the draft ESSA Social Report (Part C) will be disclosed on Monday, February 8, 2021 in the RKI website. This disclosure will be the English version. The draft ESSA Summary Report (Part A) will be translated in the local language - Malayalam – and will be disclosed on Tuesday, Feburary 9, 2021. Comments, suggestions and any other feedback will be requested along with this website disclosure. All of these disclosures will be ahead of the stakeholder workshop on Thursday, February 18, 2021. As part of the invitation to the workshop, the invitees will be sent the draft ESSA Summary Report (Part A) for their prior reading and this will also constitute disclosure. The feedback obtained during the workshop will be used to further refine and finalize the three draft ESSA reports. Once final, the ESSA reports will be disclosed in the RKI website and also the World Bank website. Print copies of the ESSA reports will be made available upon request at the RKI office. 133 | P a g e Overall Recommendations and Program Actions Social Recommendations 1. Strengthening Capacities for Inclusive and Participatory Planning in Different Sectors The assessment of social systems shows that while state institutions and functionaries have reasonable overall capacities for social management, many sector institutions don’t have past experience of engaging with communities. The current PforR operation demands some of these institutions like WRD, PWD, Health to engage closely with communities for inclusive and participatory planning in their respective sectors. In some other sectors, like DRM and urban, existing institutions that have traditionally partnered with communities and CBOs but are now expected to undertake sub-sector level planning to make spatial planning or climate informed planning more representative and participatory in nature. For both these new asks, the sector institutions need to strengthen their capacities to undertake a deeper assessment to identify the vulnerable constituencies of their respective sectors/ sub-sectors and ensure their participation or at least a wider consultation for inclusion of their needs in these plans. This requires strengthening of the capacities of these institutions on social management. It will also include developing specific sector strategies to strengthen the role of women, tribal and fishing communities or migrants as primary benefactors, as they are the most vulnerable to disaster/ climate/ health events and may need to be provided a distinct voice and agency through the participatory planning and decision making process. 2. Improved Capacities of Sectoral Institutions on Social Issues Related to the above, many partnering departments will also need to bolster their capacities for citizen’s engagement, gender mainstreaming, making existing services more inclusive and accessible to citizens and the vulnerable. This will include things like servicing the information needs of women farmers, tenants/ sharecroppers, fisher-folks, migrants, S&M farmers through the expanded IAMIS, reorienting the process of selecting and prioritizing road packages or package of practices, or ensuring an WRIS that can be used by the S&M farmers and landless in the river basin. Thus supply side stakeholders in each department will need to be supported either internally or through the RKI-PMU to understand the specific social risks and vulnerabilities with regards to their sector and how they need to be addressed. In some cases it will need fresh capacities and in others augmenting existing capacities with adequate human and financial resources to deliver on the new responsibilities. For example, in Urban sector/ ULBs it will mean creating additional capacities for linking spatial plans with district development plans; augmenting capacities of LSGs to assess community level/ local impacts of climate change and building those social risks (depending on specific social groups impacted and their vulnerabilities) in the climate informed plans; tracking inclusiveness of programmes; ensuring allocation of budgets by departments for integrating social management strategies in their work. 3. Fair Working Conditions Many of the strategies identified under different sectors require creating a wider outreach and a deeper engagement with the community using existing staff and human resources. In many sectors- urban, LSGs, agriculture and health- as per GoK’s own assessment, the field level cadres are grossly understaffed and overburdened. Additional mandates like making the planning process more rigorous and participatory, undertaking vulnerability need assessment for the respective sectors to understand the constituency specific needs requires additional time and effort. Often the outreach to schemes or last mile delivery is provided by contractual 134 | P a g e staff with insecure tenures and undefined terms of engagement or by a large pool of CBO members or community volunteers. In areas like health and disease surveillance, this could mean health and safety related risks if they are inadequately informed or not suitably trained. In addition, most sectors, the frontline staff- extension workers in case of agriculture, ASHA/ AWW in case of health or the Kudumbshree members providing outreach in LSGs- are mostly women. This will require that departmental staff/ frontline workers engaged in the operations related to RKP have fair working conditions, reasonable working hours and measures are in place for their safety from abuse and exploitation. 4. Stronger and Dedicated Grievance Redressal Mechanism The state has a reasonably functioning, centralized Grievance Redressal Mechanisms in place that most citizens rely on for giving feedback to departments and government agencies. Although some departments like LSGD have their own GRMs there is a need to have a more robust, accountable, transparent GRM that is specific to the current operation and its investments. One option will be to create a strong department level GRM in all participating sectors/ departments, another option is to create a central program level GRM that pans across sectors. The latter will ensure closer scrutiny and tracking of program specific grievances that will help in refining the sector strategies and fixing accountability. This dedicated program level GRM will also ensure better tracking of inclusion, outreach and benefits and help make the services, practices and packages more accessible. Complementary efforts will be needed to ensure creation of a GRM that is simple to use and has multiple offline and online access options. It also needs to have provision for timely redress, penalty for delays, ability to track grievance status and escalate them, if required. Owing to the complex and multi-sectoral nature of the operation, it will also be important that the PMU undertakes a periodic clustering/ categorization and analysis of complaints to identify the problem areas, provide feedback to the concerned duty bearers and loop the feedback to inform the program strategies and for systems improvement. 5. Stronger legal framework for social accountability Some of the investment areas have a legal or operative eco-system that does not provide for clear accountability. In many sectors like water, agriculture, urban development and social protection, there are multiple institutions with sometimes overlapping mandates that often makes social accountability very difficult to establish. For example, in case of agriculture insurance the operating framework (at least for the national crop insurance scheme- PMFBY) is skewed against the small and marginal farmers. Any effort to make the adoption of crop insurance wider and inclusive will need re-engineering the eco-system to remove these exclusionary eligibility criterion, expand awareness and coverage and make the system more transparent. Likewise, in case of spatial development planning or town master planning, accountability is not clear. While the LSG are made accountable for their preparation and finalization, there are no fixed timelines in the enabling policy for different stages of planning. As a result master planning continues for years, is susceptible to interference by vested interests and state level agencies, with no power in the hands of ULBs to deter plan violations. All this leads to lack of ownership of the local bodies and poor accountability. This needs a stronger legal regime or enabling environment, with clear assignment of roles and responsibilities, to help fix clearer accountability for achievement of outputs. 6. Land management: The Program does not foresee any requirement of private lands for Program investments and most investments will mainly be on existing public or government land. However, there is gap in the land management practices of the GoK, specifically Public Works Department (PWD) in 135 | P a g e relation to their treatment of the non- titleholders (encroachers and squatters) and needs to be aligned with the Bank’s Policy. In the present PforR operation due consideration will need to be given to treating such occupants as per the Bank policy- rehabilitating the non- titleholders that may suffer due to economic or physical displacement as a result of the road maintenance and modernization work. Contractors and institutions to be engaged in clearing potential sites, RoWs will have to ensure that the processes are aligned with the Bank procedures, to address the institutional gap with respect to management of physical and economic displacements. Program Exclusions The following activities are proposed to be excluded from the current investments:  Considering the nature of operations (PforR), any road repair and maintenance works requiring large scale physical resettlement and removal of structures (on a single alignment/ package), such that they physically impact more than 50 persons will be excluded from the list of investments.  Any ULB master planning that is likely to impact tribal settlements or common property regimes near or within their municipal limits will be excluded from being selected as a pilot for City/ Town Master Planning, if this spatial planning is likely to adversely impact existing settlements or resources accessed by these tribal / indigenous communities. Program Actions Action Description Source DLI# Responsibility Timing and Tasks Completion Measurement Bolster capacities ESSA NA RKI- Year 1: Capacity IVA, Training on key sector PMSS/PMU assessment and completion institutions for and Preparation of ToRs for reports, AMs ensuring implementing key social positions in RKI- inclusiveness in institutions PMU & other key sector sector/ resource anchoring institutions; capacity planning and participatory building modules finalized implementation planning Year 2: Completion of recruitment and deployment, where required Year 2 onwards: regular training of functionaries on different aspects of social management. Establish program ESSA NA RKI and key Year 1: Assessment of IVA, AMs level grievance departments existing systems & redress mechanism for each requirement for and strengthen sector developing common GRM existing ones to for RKP by the end of year make them more 1. transparent and Year2: Regularly analyse responsive and track grievances to inform the program 136 | P a g e Annexure A: Checklist to Guide Discussions for ESSA Preparation- Social Disaster Risk Management- Result Area 1: Building systems and institutional capacities for managing shocks from climate change, natural disasters and disease outbreaks Program Activities Description Dept / Agency Establish protocols for climate informed planning and tools for LSGD, LSGIs, KSDMA application [1] Train LSG staff on application of local DRM plans and climate LSGD, LSGIs, KSDMA proofing processes [1]LSGD, LSGIs, KSDMA Apply screening and planning tools for climate proofing/ smart LSGD, LSGIs, KSDMA investments in LSGIs [1,2]LSGD, LSGIs, KSDMA Note: 1. Institutional development (e.g. capacity building, training, institutional strengthening); 2. Investment planning and management; and 3. Infrastructure development and maintenance. Sectoral/ Departmental Consultations150  List of major Central/ State/ Panchayat sector schemes related to DRM.  Scheme wise list of state agencies involved in planning/ implementation/ monitoring/ capacity building etc. and their key mandates vs actual roles (broad outline needed).  Which agencies are responsible for ensuring a) efficient last mile delivery, b) inclusiveness of services, c) participation, d) equitable distribution of benefits, e) for accountability and transparency in delivery. (Also list agencies not included above)  Please collectively reflect on how effective are these agencies in performing their roles?  What limitations do they face? What additional support is required to enhance scheme / program performance?  How do existing vulnerability assessments ensure inclusion of specific needs/ concerns of vulnerable HHs/ communities- coastal, hill, flood or earthquake or landslide prone areas?  What additional steps are needed to ensure more effective and inclusive vulnerability assessment and its implementation? How could such gaps be filled? Are any screening mechanism used to inform DRR/CC planning presently? How has been the experience? Suggestion to make them more relevant.  Do key institutions mandated with delivering DRM/ CC trainings to ERs and LSG staff have experts/ expertise to incorporate social issues in training content? Will capacities need to be augmented – if possible, please suggest specific support/areas in which required. Community/ Group Consultations151 (At least 1 consultation each with women & vulnerable)  What main challenges/ vulnerabilities you collectively face due to CC/ Disaster events?  Have elected leaders present in this group undergone training on CC/ DRM in the past? Who trained them, key takeaways and how were these learnings used in the 150 During the consultation please check if all the sectoral experts have undergone any formal training on DRR/ DRM/ CC issues or not? 151 Climate change and its manifestations to be explained before initiating consultation 137 | P a g e subsequent planning process?  Any shortcomings in training content, delivery or planning process that could be improved for more disaster/ climate informed socially inclusive plans? Specific suggestion on bridging these gaps and making planning more simplified, replicable and usable? DRFI / Social Protection Result Area 1: Building systems and institutional capacities for managing shocks from climate change, natural disasters and disease outbreaks Program Activities Description Dept / Agency Develop a unified registry for disaster assistance and social welfare DoF, DoR, KSDMA, benefit payments [1] DoA, Fisheries Develop guidelines on payment norms/modalities, administrative DoF, DoR, KSDMA, rules, and monitoring arrangements; [1] DoA, Fisheries Develop and adopt a comprehensive disaster risk finance and DoF, DoR, KSDMA, insurance strategy/action plan; [1] DoA, Fisheries Pilot at least two alternative risk transfer and insurance (parametric) DoF, DoR, KSDMA, products targeting both household/vulnerable population and the DoA, Fisheries state government.[1] Sectoral/ Departmental Consultations Briefly outline the state system currently used for entitlement-eligibility mapping to create a database used to target vulnerable HHs. Take specific schemes like widow/ old age pension to briefly explain how the process works in Kerala for DBT.  What systems are in place for field level validation of this statewide database? Periodicity of this validation? (Any/ All official document outlining such protocols will be good)  Are there any inbuilt systems to eliminate errors of exclusion and inclusion in this database? Cite if any formal/ informal systems in place to ensure inclusion of vulnerable- including role of LSGs.  What is the role of state’s grievance redress mechanisms to ensure access of vulnerable HHs/ individuals to such social protection/ risk finance schemes? What state support is on offer to help establish eligibility of HHs/ persons?  What has been the state experience of disaster risk finance (fisher-folk) or crop insurance (small & marginal farmers)? How are eligibilities decided and how are the most vulnerable prioritized?  Any specific suggestions for further reinforcing the present mechanisms, filling gaps? Community/ Group Consultations (At least 1 dedicated consultation with vulnerable groups)  Are all HHs/ persons in your GP/ ULB/ habitation/ area receiving entitlements like pensions for widow, old aged, disability or food aid under PDS as per their eligibility?  Are there still eligible people/HHs found to be outside scheme coverage? Taking example of a specific scheme please explain steps taken to help them access their entitlements/ services/ public benefits? Who initiates the process of inclusion usually?  What has been people’s experience of availing crop insurance (S&M farmers) or risk finance (fisher-folk) - experience of only relevant people needed- S&M farmers/ 138 | P a g e fisherfolk? Ease of access /barriers to access, clarity and awareness about the process. Fiscal Result Area 1: Building systems and institutional capacities for managing shocks from climate change, natural disasters and disease outbreaks Program Activities Description Dept / Agency Establish and staff a debt management unit to produce quarterly/annual debt DoF forecasts/ updates and annual debt management plans; [1] Undertake a feasibility study on debt restructuring options and implementing its DoF recommendations, considering the fiscal implications of recent natural disasters and COVID-19 pandemic [1] Sectoral/ Departmental Consultations Not required. Secondary literature review and personal interviews will suffice Community/ Group Consultations Not required. Secondary literature review and personal interviews will suffice Urban Result Area 1: Building systems and institutional capacities for managing shocks from climate change, natural disasters and disease outbreaks Program Activities Description Dept /Agency Establish systems and strengthen institutional and technical capacities of ULBs LSGD to undertake and operationalize risk-informed master planning; TCP and LSGD to support and incentivize risk-informed master planning by ULBs. [1,2] Sectoral/ Departmental Consultations  What is the present capacity of ULBs to undertake risk informed planning and prioritize needs independent of any guidance from LSGD staff?  Are there any shortfalls in terms of ensuring that plans incorporate resilience related needs/ priorities of all sections of society, including women and poor/ vulnerable?  Do you periodically assess during the planning exercise or during review of previous TCP plans/ master plans whether past plans enhanced community resilience or not?  What additional technical capacities are needed by ULBs to independently plan for greater resilience? How can these be augmented?  Which state training institutions are responsible for capacity building of ULBs on risk informed master planning? Do these institutions have requisite expertise to incorporate vulnerabilities and needs of different groups in their trainings?  Do the staff/ faculty capacities need to be augmented? If possible, please suggest specific support /areas in which it is required.  Do you use any accountability or community monitoring tools to receive community 139 | P a g e feedback? How is it looped into the planning process? Any specific example where this has been done? Community/ Group Consultations (At least one consultation with women and urban poor)  Are you satisfied with the way master plan preparation is undertaken in your ULB? When was it undertaken last- year of last master plan preparation and effective period  If someone can recall the process of last master plan development- did it include consultations with communities and other institutional stakeholders or not? Where the T&CP plans approved and finally notified by the state? (Check whether consultations at ward level and/ or with specific constituencies were undertaken during previous master planning)  Has someone present participated in the master plan preparation consultations? Did your needs/ priorities make their way into those final plans?  What are your suggestions for ensuring that these Master Plans, while addressing issues of enhanced resilience, also respond to specific needs152/ vulnerabilities of communities/genders/ habitations? Health Result Area 2: Supporting effective COVID-19 response and disease outbreak preparedness Program Activities Description Dept / Agency Plan for expanded laboratory network developed and approved; DoHFW, DoAH Establishment of infrastructure; Procurement of materials, chemicals, and equipment; Training of personnel.[1,3] Plan for expanded Integrated Disease Surveillance Program (IDSP) for DoHFW, DoAH humans (including zoonotic diseases) developed and approved; piloting of system; modifications; and expansion.[1,2] Sectoral/ Departmental Consultations  Do you think expansion of laboratory network might entail procurement of additional land, including acquisition from private landowners? How has the department handled such land acquisitions in the past? (Any document on process adopted in any recent case will be helpful)  How does the state ensure that testing facilities remain economically accessible/ affordable to poorest & BPL? What additional state/ scheme support is being provided for COVID testing?  What measures are in place for the occupational safety and well being of staff/workers involved in testing & other support functions? (Some factual details of working conditions, hours of duty of staff will help understand worker well-being)  What measures are in place for disposal of biomedical waste? How is community safety and well-being of those involved in disposal being ensured?  Does IDSP have an expanded outreach? Does this surveillance presently cover all regions/ locations/ habitations across the district? Does IDSP specifically look at disease prevalence among the vulnerable on priority? If yes, to what extent is it put to 152 Related to public goods, services, utilities, spaces, etc 140 | P a g e practice? (Some evidence- MIS data etc. if available, will help) Which state institutions are involved in training personnel around COVID/ Pandemic/Disease outbreak preparedness? Do they ensure addition of issues around inclusion, accountability and transparency in training modules?  Do any specific grievance redress mechanisms cover IDSP or the larger departmental one? Is there a public interface between IDSP and community? Is it needed?  Any shortcoming, lessons or limitations (related to social issues) in better managing Covid or preparing for future outbreaks? How could these gaps be bridged? Community/ Group Consultations (One consultation with women and vulnerable groups)  Do COVID testing facilities in your locality offer affordable services for all? Any cases/ incidents where people couldn’t get access to public health services and were denied it in private facilities?  Are there any schemes to enhance economic access to health services- at both public and private facilities? Are you aware of them- how many present have availed them?  How has been your collective experience of testing, seeking health services for COVID? How inclusive have they been? Any suggestions for making services for transparent, affordable and improving staff capacities to be more sensitive and accountable? WRM Result Area 3: Demonstrating integrated approach to multidimensional resilience at local level Program Activities Description Dept / Agency Develop the Pamba basin plan through capacity building support [2] WRD Establish flood forecasting and IROS for the Pamba basin through capacity building WRD support [1] Operationalize RBCMA with technical and operational staff through capacity WRD building support (training, equipment investments) [1,3] Establish WRM Command and Control Center through capacity building support WRD (training, equipment investments) [1,3] Identify critical investments in Pamba Basin [2] WRD Make operational flood forecasting and IROS for 4 districts in Pamba basin [1,3] WRD Complete 2 climate proof investment plans based on the Pamba basin plan [2] WRD Sectoral/ Departmental Consultations  What was the process of river basin planning in the past? What kind of consultations and at what level? (Check extent to which communities/GPs consulted- was it a bottom up or top- down process)  As per your assessment, did previous RBPs address differing needs, vulnerabilities of groups & landscapes in their water allocation principles? (Check whether they proactively provide access to landless, S&M producers, tail end etc.) Any Gaps? Suggestions?  Pamba Basin has Indigenous communities-how would their needs be reflected and how information (flood forecasts/ IROS etc.) be shared with them? Suggestions?  Which agencies anchored RBP process in the past? What kind of capacity input is 141 | P a g e needed to ensure all encompassing plans addressing needs of different constituencies, esp. STs?  Structure and composition of existing RB Authorities? (Social/Genderposts & capacities)  How do you ensure that flood forecasts, other advisories are in an understandable format and relevant for the target audience? Community/ Group Consultations (One consultation with S&M farmers, landless and women)  Are your water related needs being adequately met through the year- domestic & agri-related, despite the climate change impacts?  Have GPs/members been involved in local water security plans/ water budgets? How would GP ensure water access to landless, ST-habitation/ hilly landscapes, marginal farmers, women, tail end users, etc and also their role in water conservation?  If Pamba RBP is to be prepared, do you think your GP should have a role considering water is devolved to LSGs? Given a chance, how would panchayat ensure equitable allocation to different social segments?  Do you currently receive flood forecasts, climate or other advisories from the Water Resource Deptt? If yes, are they in an understandable format and have you used it in the past? Please give specific examples. If no, any suggestions on how it could be improved and made relevant?  In which areas is capacity development required for GPs/ departments/ plan facilitation agencies/CSOs so that RBPs are inclusive and relevant to the needs of different social/ economic groups? Agriculture Result Area 3: Demonstrating integrated approach to multidimensional resilience at local level Program Activities Description Dept / Agency Realignment of state budget support towards promotion of AEU DoA, SFAC (Small Farmer's designated crops. [1] Agri-Business Consortium) Promotion and strengthening of Farmer Producer Organisations DoA, SFAC (Small Farmer's (FPO) in select AEUs in Pamba basin [1,3] DoA, SFAC (Small Agri-Business Farmer's Agri-Business Consortium) Consortium)WRD Expansion of Integrated Agriculture Management Information DoA System (IAMIS) as per Software Requirement Specifications (SRS)[1,3] Sectoral/ Departmental Consultations  What is the basis for deciding package of practices (PoPs) for different AEUs? How does the department ensure affordability of AEU based PoPs for S& M farmers, women cultivators?  Have PoPs ensured subsistence agriculture or food security for marginal producers?  How does department/ State SFAC ensure adherence to FPO guidelines in organization of FPOs & positional role for women & marginal/ landless in its management and inclusiveness?  Are the above 2 monitored? What systems are in place for it? What more can be 142 | P a g e done?  Which agencies are engaged in introducing the PoPs- KVK/ FFS/ others? What are their capacities for stakeholder engagement and addressing relevant social issues? How can they be augmented?  What has been the experience of IAMIS in terms of quality of info, outreach, last mile information sharing/ usability by those socially excluded and vulnerable?  Does the IAMIS database make a distinction between landowners and tenants- who is it bent towards in providing PoP and other agri inputs/ incentives? Any suggestions for making the MIS more inclusive Community/ Group Consultations (One exclusive consultation with women, S&M farmers and one with existing FPO)  Have those present started using AEU-specific PoPs? Experience across segments- L, S &M farmers, landless, women? Have any of those present been involved in development of PoPs?  Do they benefit all equitably, including tenants? If there are gaps, what can be done to fill them?  As per your experience, have FPOs been able to protect farmers interests and assured more voice and agency to them, esp. landless and marginal producers? Your suggestions on further streamlining FPO constitution, management and operations.  Have you used IAMIS for individual farm decisions /guiding others? How was the experience? Was information easily accessible and in a user-friendly format? Suggestions for improvement.  What has been the experience of accessing Farmer Knowledge Centres for providing information on the AEU wise PoPs? Roads Result Area 3: Demonstrating integrated approach to multidimensional resilience at local level Program Activities Description Dept / Agency Develop a comprehensive Road Asset Management System (RAMS) with PWD climate module [1,2] Guidelines developed for climate resilient construction and value PWD engineering [1] Roll out and management of long-term output and performance-based road PWD maintenance contracts [3] [About Rs. 110 crores] – List of roads included Capital works and climate enhancement layered works for climate resilient PWD core road networks (CRN) implemented in Pamba basin [3] [About Rs. 330 crores] - List of roads included Sectoral/ Departmental Consultations  Is land available for improvement/ expansion of road network, and creating new RoWs, if required? If not, how does department plan to procure land- government; private; acquisition, outright purchase, negotiated settlement? (Please ask for recent tenders documents of roads where pvt. land was acquired)  What were the criteria for selecting road packages under RKP? Have likely (*) impacts on adjoining lands/ structures/ public utilities, livelihoods, indigenous communities, 143 | P a g e cultural resources, customary rights, issues of access been assessed before their selection? (Ask for risk screenings used in internally-funded road packages and for the current packages)  Is improved access for vulnerable communities or to ST habitations a criterion. (If yes, seek supportive documents)  Does PWD have expertise to minimize adverse social impacts of investments- PMC/CRN? How do they do it now? Do capacities need to be augmented-areas where needed?  Does department’s contractual systems lay down elaborate measures for labour management and guiding their working conditions, including managing labour influx and its impact in terms of local distress, GBV and SEA? Community/ Group Consultations  Are communities/GPs consulted before selection of packages? Are they provided opportunity to prioritize which roads are to be completed first? Alternatively, are departmental prioritizations explained to local communities/ ERs?  Are you aware if PWD uses set criteria for prioritising road packages? If yes, what are they?  Seeing the list of roads proposed, do you think there are social risks related to land acquisition or those highlighted in the 2nd bullet above (*) along specific alignments? Was anyone present involved in risk screening that may have been done for any of these packages/alignments?  Do you think PWD has sufficient capacity to screen risks/ impacts and manage them? What additional capacities/ measures are required- both in-house as well as within usual contractual staff to manage them?  Are grievance redress mechanisms-GRM in place for people adversely impacted? Has someone used them - experience wrt its reliability & accountability? Suggestions for improvement. 144 | P a g e Annexure B: Program level Stakeholder Map 145 | P a g e Annexure C: List of State level Stakeholders Consulted Name Designation Sector/ Department Mr Salin Project Leader Head Kerala SFAC Agriculture Mr Arun Information Kerala Mission Mr Raju KM IAMIS Nodal Officer Agriculture Ex MD State Civil Supplies Mr KN Satheesh Corporation Food and Civil Supplies Mr KA Joshy Ex Chief Engineer IDRB Mr K Priyesh Exe Engineer Irrigation Ms Soumya AEE Irrigation Dr Sekhar L. Kuriakose Member Secretary Kerala State Emergency Operations Centre, KSDMA Ms. Smitha S Nair Joint Director of Fisheries Directorate of Fisheries Mr. P. Venugopal IAS Principal Secretary Department of Food and Civil Supplies Mr. Gigi George Chief Town Planner Local Self Government Department Dr. Renu Raj IAS Director Directorate of Urban Affairs Dr. K M Dileep Director Directorate of Animal Husbandry Dr. C.K. Jagadeesan Dy.DHS(Planning) Directorate of Health Services Mr. Nadir Executive Engineer Irrigation Department Dr. Rajatha Deputy Director of Agriculture Department of Agriculture Development and Farmers' Welfare Dr. Jiju P Alex Director of Extension Kerala Agricultural University Mr. Ajith Ramachandran Chief Engineer(Roads) Public Works Department 146 | P a g e