The World Bank Lao PDR Global Partnership for Education III: Learning and Equity Acceleration Project (P173407) Environmental and Social Management Framework (ESMF) Ministry of Education and Sport 21 August 2020 TABLE OF CONTENTS TABLE OF CONTENTS .............................................................................................................................................. 2 LIST OF TABLES ....................................................................................................................................................... 3 LIST OF FIGURES ..................................................................................................................................................... 4 LIST OF BOXES ......................................................................................................................................................... 4 ABBREVIATIONS AND ACRONYMS .......................................................................................................................... 5 1 BACKGROUND ................................................................................................................................................ 6 2 ENVIRONMENTAL AND SOCIAL FRAMEWORK (ESF) DOCUMENTS ................................................................ 8 3 PROJECT DESCRIPTION, ORGANIZATION, AND IMPLEMENTATION ............................................................. 10 3.1 PROJECT DESCRIPTION .............................................................................................................................. 10 3.2 OVERALL DIVISION OF RESPONSIBILITIES ....................................................................................................... 12 3.3 INSTITUTIONAL ARRANGEMENTS ................................................................................................................. 12 3.4 PROJECT PERSONNEL AND CONSULTANTS ..................................................................................................... 13 4 POLICY AND LEGAL FRAMEWORK ................................................................................................................ 14 4.1 NATIONAL LEGAL FRAMEWORK ................................................................................................................... 14 4.2 WORLD BANK ENVIRONMENTAL AND SOCIAL STANDARDS RELEVANT TO THE PROJECT ............................................ 14 5 SOCIAL AND ENVIRONMENTAL ASSESSMENT AND STAKEHOLDER ENGAGEMENT..................................... 16 5.1 SOCIAL ASSESSMENT................................................................................................................................. 16 5.2 ENVIRONMENTAL ASSESSMENT ................................................................................................................... 16 5.3 STAKEHOLDER ENGAGEMENT ..................................................................................................................... 18 5.4 PARTICIPATION OF ETHNIC GROUPS ............................................................................................................. 18 6 COMMUNITY-BASED CONTRACTING (CBC) ................................................................................................. 19 6.1 INTRODUCTION ........................................................................................................................................ 19 6.2 ENGINEERING DESIGN STANDARDS, SUPERVISION, AND QUALITY CONTROL ......................................................... 21 7 ESMF PROCESS AND PROCEDURES .............................................................................................................. 21 7.1 OBJECTIVE AND APPLICATION ..................................................................................................................... 21 7.2 STRUCTURE AND PROCEDURES .................................................................................................................... 21 8 LABOUR MANAGEMENT PROCEDURES ....................................................................................................... 24 8.1 INTRODUCTION ........................................................................................................................................ 24 9 CHILD PROTECTION AND GENDER BASED VIOLENCE CODES OF CONDUCT ................................................ 26 9.1 BACKGROUND ......................................................................................................................................... 26 9.2 CHILD PROTECTION CODE OF CONDUCT ....................................................................................................... 26 9.3 CODE OF CONDUCT TO ELIMINATE GENDER BASED VIOLENCE AND SEXUAL EXPLOITATION AND ABUSE ..................... 28 10 GREEN, CLEAN AND BEAUTIFUL SCHOOLS ................................................................................................... 30 11 MONITORING, INSPECTION AND REPORTING ............................................................................................. 31 11.1 SELF-MONITORING................................................................................................................................... 31 21 August-2020 Page 2 of 69 11.2 OVERSIGHT AND COMPLIANCE MONITORING................................................................................................. 31 11.3 INCIDENTS OR ACCIDENTS .......................................................................................................................... 31 12 CAPACITY BUILDING PLAN ........................................................................................................................... 32 12.1 APPROACH.............................................................................................................................................. 32 12.2 APPROACH DURING COVID-19 .................................................................................................................. 32 12.3 INDICATIVE CAPACITY BUILDING PLAN .......................................................................................................... 32 13 ESMF IMPLEMENTATION BUDGET ............................................................................................................... 35 ANNEX 1. NATIONAL LAWS AND REGULATAIONS ............................................................................................. 37 ANNEX 2. ENVIRONMENT AND SOCIAL CODE OF PRACTICE FOR SMALL RENOVATION CIVIL WORKS ............... 42 A2.1 OCCUPATIONAL HEALTH AND SAFETY ................................................................................................................ 42 (a) Standard Dos and Don’ts ................................................................................................................ 42 (b) Personal Protective Equipment (PPE).............................................................................................. 43 CHANCE FIND PROCEDURE ...................................................................................................................................... 44 ASBESTOS PROCEDURE ........................................................................................................................................... 44 EMERGENCY PROCEDURE ........................................................................................................................................ 45 ANNEX 3. THE ENVIRONMENT AND SOCIAL SCREENING AND SITE-SPECIFIC ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (SS-ESMP) ...................................................................................................................... 53 A3.1 INTRODUCTION ............................................................................................................................................. 53 A3.2 SITE-SPECIFIC ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (SS-ESMP) ........................................................ 64 (a) Village Map............................................................................................................................................. 64 (b) School Site Plan....................................................................................................................................... 64 ANNEX 4 STANDARD ENVIRONMENTAL MONITORING FORM ............................................................................. 67 LIST OF TABLES Table 3. 1 Target Districts Supported Under the Project 10 Table 5. 1 Assessment of the ESS risks and impacts and proposed mitigation measures. 17 Table 9. 1 Division of Responsibilities for Community-Based Construction Works 20 Table 12. 1 Overall Indicative Capacity Building Plan 33 Table A2 - 1 Chance Find Procedure 44 Table A3. 1 Screening Form for Identification of Environmental and Social Risk Management 53 Table A3. 2 Generic Mitigation Measures for Typical new Construction Works 58 Table A3. 3 Specific Instructions to the Contractor 65 Table A4. 1 Compliance Check List – Mark Findings on the School Site Plan 67 21 August-2020 Page 3 of 69 LIST OF FIGURES Figure 2. 1 The Environmental and Social Framework 8 Figure 7. 1 ESMF Process and Proposed Mitigation Measures 22 Figure A2. 1 Hand Washing with Soap and Water 48 Figure A2. 2 Hand Hygrine With Alcohol-Base Hand Rup (AHR) 49 Figure A2. 3 Respiratory hygiene and cough 50 Figure A2. 4 Surgical Mask 51 Figure A2. 5 Eyes protection (safety glass, goggles or face shield) 52 Figure A3. 1 Conceptual School Site Plan 64 LIST OF BOXES Box 1. 1 Basic Principles of the Environmental and Social Framework 6 Box 7. 1 Non-Eligible Activities 22 Box 9. 1 Child Protection Code of Conduct 27 Box 9. 2 Code of Conduct to Eliminate Gender Based Violence and Sexual Exploitation and Abuse 28 21 August-2020 Page 4 of 69 ABBREVIATIONS AND ACRONYMS CBC Community-Based Contract MAT Multi-age Teaching (3-4 years old) CCDG Child Community Development Groups MOES Ministry of Education and Sport DEBS District Education and Sports Bureau MONRE Ministry of Natural Resource and Environment DFAT Department of Foreign Affairs and Trade (Australia) MPWT Ministry of Public Works and Transport DOP Department of Planning PBC Public-Based Contract ECE Early Childhood Education PESS Provincial Education and Sports Service ECU Education Coordination Unit (of DOP) SA Social Assessment EIA Environmental Impact Assessment SBM School Based Management ESCOP Environment and Social Code of Practice SEA Sexual Exploitation and Abuse ESCP Environment and Social Commitment Plan SEP Stakeholder Engagement Plan ESF Environmental and Social Framework SS-ESMP Site-Specific ESMP ESM Environment and Social Manager SPMT School Project Management Team ESMP Environmental and Social Management Plan UNICEF United Nations Children's Fund ESO Environment and Social Officers VAC Violence Against Children ESS Environmental and Social Standards VEDC Village Education Development Committee EPP Emergency Preparedness Plan VAWC Violence against women and children GBV Gender-Based Violence VMC Village Mediation Committee (VMC) GCB Green, Clean, and Beautiful WB The World Bank GOL Government of Lao PDR GPE Global Partnership for Education GRM Grievance Redress Mechanism IFC International Finance Corporation IU Implementing Unit (of the Project) JICA Japan International Cooperation Agency 21 August- 2020 Page 5 of 69 1 BACKGROUND The Ministry of Education and Sports (MOES) is working with the World Bank to prepare the “Global Partnership for Education (GPE) III Learning Equity Acceleration” Project (P173407) or the Project. The Project’s main objective is to improve learning outcomes in primary grades and strengthen teacher practices and education sector equity and accountability in Lao PDR. The proposed Project is financed by a mix of World Bank (WB) and Global Partnership for Education (GPE) grant including the leverage contributions from JICA and in close coordination with other development partners (predominantly, DFAT, European Union, and UNICEF) to maximize a sector- wide approach with the potential for system transformation. The Project components are: • Component 1: Prepared and Motivated Learners • Component 2: Prepared and Motivated Teachers • Component 3: Effective School Governance for Improving Teaching and Learning. Components 1 and 3 continue interventions from the WB-supported Early Childhood Education (ECE) project and GPE II project1, whereas Component 2 either supports interventions that are new or scales interventions based on lessons learned from these projects. Components 2 and 3 use traditional expenditure-based financing as well as a Result-Based Financing (RBF) approach using Public-Based Contract (PBCs), while Component 1 uses only traditional expenditure-based financing. The Project has also incorporated the COVID-19-resilient design features in each component. The Project description, activities, and target districts are briefly provided in Section 32. It is also expected that most small physical works will be made by local communities using the community- based contract (CBC) being applied under the ongoing ECE project. To comply with the WB’s Environmental and Social Framework (ESF) (see Box 1. 1.1), it is assessed that of the 10 Environment and Social Standards (ESSs), six (ESS1, ESS2, ESS3, ESS4, ESS7, and ESS10) are relevant to the Project, however the ESMF has been designed to screen for risks associated with ESS5, ESS6 and ESS8 (see detailed in Section 4.2. An Environment and Social Management Commitment Plan (ESCP), a Stakeholder Engagement Plan (SEP), and an Environmental and Social Management Framework (ESMF) (this document) have been prepared for submission to the World Bank (WB). Given that the ESF objective goes beyond the traditional ‘do no harm’ approach to maximize development gains, the ESMF has also explored opportunities to enhance positive environmental and social impacts of the Project and this is discussed in Section 10. BOX 1. 1 BASIC PRINCIPLES OF THE ENVIRONMENTAL AND SOCIAL FRAMEWORK The World Bank’s new Environmental and Social Framework (ESF), which was officially endorsed and launched in October 2018, is applied to the proposed project. The ESF objective goes beyond the traditional ‘do no harm’ approach to maximize development gains. World Bank’s Environmental and Social Standards (ESSs) set out the requirements for its clients relating to the identification and assessment of environmental and social risks and impacts associated with projects supported by the Bank through Investment Project Financing. The ESSs are designed to assist World Bank clients to fulfil the Bank’s ESS requirements on the identification and management of environmental and social risks. The ESSs are also designed to support WB clients in their goal to reduce poverty and increase prosperity in a sustainable manner for the benefit of the environment and their citizens, 1The Early Childhood Education (ECE) project (P145544) was approved on 02 April 2014 and the revised closing date is 31 December 2020 while the GPEII project (P149130) was approved on 14 April 2015 and the closing date is 15 July 2019. 2 Detailed descriptions of Components 1, 2 and 3 are available in the Project Appraisal Document. 21 August-2020 Page 6 of 69 especially in (i) achieving good international practice relating to environmental and social sustainability; (ii) fulfilling their national and international environmental and social obligations; (c) enhancing non-discrimination, transparency, participation, accountability and governance; and (d) enhancing the sustainable development outcomes of projects through ongoing stakeholder engagement. Where applicable, the following 10 ESSs are applied through the project life cycle: • ESS1: Assessment and Management of Environmental and Social Risks and Impacts • ESS2: Labour and Working Conditions • ESS3: Resource Efficiency and Pollution Prevention and Management • ESS4: Community Health and Safety • ESS5: Land Acquisition, Restrictions on Land Use, and Involuntary Resettlement • ESS6: Biodiversity Conservation and Sustainable Management of Living Natural Resources • ESS7: Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities • ESS8: Cultural Heritage • ESS9: Financial Intermediaries • ESS10: Stakeholder Engagement and Information Disclosure. The scope of the Project is nationwide, covering all 18 provinces, including Vientiane Capital, and 148 districts in the country, and will focus on districts with poor educational enrolment and performance outcomes. It is likely that its activities will be emphasized in schools located in the currently identified 40 poorest districts in the Lao People’s Democratic Republic (Lao PDR). Therefore, the Project areas will be nationwide including rural villages with a diverse array of ethnic groups and socioeconomic and livelihood activities. The Project will not involve changes to the current education curriculum, which has recently been updated by MOES. Instead it will involve preparation of training packages, materials such as lesson plans and books, and localized teacher training and associated performance measurement tools focused on early education. A key objective of the Project is to address major challenge in the national education system of identifying barriers to enrolment and retainment of both students and teachers among diverse ethnic groups in priority districts. This will also involve renovation of existing school facilities in the selected priority districts through receipt of block grants. 21 August-2020 Page 7 of 69 2 ENVIRONMENTAL AND SOCIAL FRAMEWORK (ESF) DOCUMENTS The ESMF and other documents listed in this section are to fulfil ESF required for GPE III and they are illustrated in the diagram in Figure 2.1 while details are presented in Figure 7.1. A social assessment (SA) was conducted in June-July 2020 and a report is available in the Project file. The Social Assessment Report consists of (i) assessment of project-related social risks and impacts; (ii) recommended measures on ethnic group engagement and inclusion for design of project activities; and (iii) risk assessment and management measures in terms of Sexual Exploitation and Abuse (SEA) and Violence Against Children (VAC). The assessments and recommended measures in the Social Assessment Report which were incorporated into the ESCP, ESMF, and SEP. The Environment and Social Commitment Plan (ESCP), stipulates key material measures and actions required for the project to prevent or minimize the potential environmental and social risks and impacts in compliance with the ESSs of the WB. ESCP indicates the timeframes and parties responsible for fulfilment of the commitments. The ESCP is part of the Project’s legal agreement, therefore, all instruments will be applied and implemented throughout Project period. FIGURE 2. 1 THE ENVIRONMENTAL AND SOCIAL FRAMEWORK The Environment and Social Management Framework (ESMF) include (i) Project description and implementation arrangement (Section 3), (ii) National laws/regulations and ESS applications to the Project (Section 4), (iii) the ESS risks and impacts assessment (Section 5), (iv) Community-Based Contracting application (Section 6); (v) Environmental and Social Code of Practice (ESCOP) for small physical renovation civil works (Section 7); (vi) Labour–Management Procedures and Labour GRM (Section 8); (vii) Child Protection and Gender-Based Violence Code of Conduct (Section 9); (vii) Green, Clean, and Beautiful Schools (Section 10); (viii) Monitoring, Inspection, and Reporting (Section 11); (ix) 21 August-2020 Page 8 of 69 Institutional Capacity-Building Plan (Section 12); and (x) ESMF implementation budget (Section 13). The ESMF sets forth the principles, processes, procedures, and guidelines to be applied as part of Project activities planning and implementation to ensure that potential social and environmental (ES) risks and impacts arising out of Project and/or subproject activities are identified and properly mitigated. The ESMF incorporates ethnic group development and other measures to be integrated into Project design. The potential positive impacts of the Project is discussed under Section 0 while the Institutional Capacity-Building Plan has been designed to build capacity (a) to address potential negative impacts and (b) to enhance positive impacts on environmental education and promotion of Green, Clean and Beautiful (GCB) schools and/or on addressing natural disaster risks and impacts in selected areas. Stakeholder Engagement Plan (SEP), has been prepared outlining how stakeholders including affected people/communities, beneficiaries and project implementers will be informed about the Project and be involved in decision-making. The SEP includes a Stakeholder Analysis and a Grievance Redress Mechanism (GRM). The above-mentioned documents will guide MOES not only to identify and address environmental and social risk, but also to seek ways to strengthen management system of the teacher training centres, promote the enrolment of young students and inclusion of disadvantaged groups (women, ethnic groups) in more effective basic education teaching and learning, promote workforce spaces, and embed social inclusion and environmental sustainability in Project activities throughout the Project period. 21 August-2020 Page 9 of 69 3 PROJECT DESCRIPTION, ORGANIZATION, AND IMPLEMENTATION 3.1 PROJECT DESCRIPTION Component 1: Prepared and Motivated Learners (IDA USD 8.73 million equivalent). This aims to provide early learning opportunities for young learners age 3-5 years to be prepared and motivated for entering Grade 1. To address the challenges regarding the use of different modalities for delivering ECE, depending on the age group, remoteness of the community, and availability of caregivers/teachers, the ECE project piloted Child Community Development Groups (CCDG) in one set of villages with pre-primary classrooms, which cater to 3 and 4 year-olds, and Multi-age Teaching (MAT) in another set of classrooms to help teachers manage children aged 3-5 years while the GPE II financed the Reading Readiness Program for 5-year-olds in select pre-primary schools. The Project will further expand these promising interventions and a final decision on the composition of the activities between CCDG and MAT in this component will be done once results from the endline survey are available. This component will support nationwide interventions focusing on curriculum revision in ECE as well as focused interventions in select districts and scope of the interventions will include technical assistance and training in target districts (see Table 3.1) and the activities will be carried out through the following 5 subcomponents: (1.1) Child Community Development Groups (CCDG) including provision of CCDG Grants (for construction and renovation of the CCDG shelter); (1.2) Multiage Teaching (MAT); (1.3) Development of Play-Based Content and Activities for 3 and 4 Years Old; (1.4) Reading Readiness Program (RRP); and (1.5) Childhood Disability Screening (CDS). Component 2: Prepared and Motivated Teachers (USD 18.17 million equivalent). This aims to prepare and support teachers to perform better in class and improve teacher management. Interventions (also see Table 3.1) are provided through 2 subcomponents: (2.1) Improving the quality of teacher professional development and (2.2) Improving teacher management. The Project will build intrinsic motivation by: using Fundamental Quality Standards (see Component 3) to identify and recognize (all) teachers in well-performing schools in the selected districts. Well-performing schools will be recognized through media coverage and mass media campaigns to recognize the importance of teachers. Component 3: Effective Governance for Improving Teaching and Learning (Total estimated cost: US$ 20 million equivalent). This aims to: (1) strengthen school governance to facilitate better teaching and learning in pre-primary and primary schools in select districts, and (2) ensure better education decision-making nationwide through more and better use of data. The Project will support activities through two components briefly summarized in Table 3.1 below. TABLE 3. 1 TARGET DISTRICTS SUPPORTED UNDER THE PROJECT Component 1: PREPARED AND MOTIVATED LEARNERS Sub-component Interventions’ Coverage Child Community The intervention will continue serving classrooms currently receiving Development Groups interventions under the Early Childhood Education Project (10 districts and (CCDG) 73 locations – continuity districts) and expand to 8 new districts, for additional 172 locations. Out of these 18 districts, 6 are GOL’s Convergence districts and 8 are MOES’s 40 priority districts. 21 August-2020 Page 10 of 69 Multiage Teaching This intervention includes pre-primary education curriculum revision for (MAT) students and pre-service teacher candidates which would be used nationwide. The MAT intervention will continue serving classrooms currently receiving interventions under the Early Childhood Education (9 districts and 62 locations – continuity districts) and expand to 13 new districts, for additional 200 locations. Out of these 22 districts, 5 are GOL’s Convergence districts and 7 are MOES’s 40 priority districts. Development of Play The material developed will be used nationwide in the curriculum revision, Based Content pre-service teacher training and in selected districts for the CCDG and MAT interventions. Reading Readiness This intervention includes pre-primary education curriculum revision for Program students and pre-service teacher candidates which would be used nationwide. In addition, it will continue serving classrooms currently receiving interventions under GPE II (33 districts) and expand to 28 new districts. Out of these 61 districts, 6 are GOL’s Convergence districts and 34 are MOES’s 40 priority districts. Childhood Disability This intervention will be carried out in up to 20 CCDG and MAT districts. Screening Component 2: PREPARED AND MOTIVATED TEACHERS Sub-component Interventions’ Coverage Improving the quality The teacher pre-primary standards, standards and training for current TTC of teacher lecturers, building the capacity of pedagogical advisors and other relevant professional staff, training teachers on the new curriculum to use teacher guides development effectively (Grade 1-3), developing a system to monitor the use of teacher guides and developing material for school based professional development on a nationwide level. Teacher Performance Appraisal System, providing support to DESB and cluster schools, identifying professional development needs of teachers and developing approaches for training and support, establishing ongoing school-based professional development systems will be done in the MOES’s 40 priority districts. Improving teacher Guidelines on improving teacher allocation will be available nationwide. management However, the cluster-based plan for rotating teachers every 3 years and district-level incentive plan for compliance with teacher allocation protocols will be conducted in MOES’s 40 priority districts. Finally, the mass media campaign on the importance of teachers will also be conducted in MOES’s 40 priority districts. Component 3: EFFECTIVE GOVERNANCE FOR IMPROVING TEACHING AND LEARNING Sub-component Interventions with Nationwide Coverage 21 August-2020 Page 11 of 69 Effective School The guidelines, data systems and tasks with trivial marginal costs will be Governance conducted nationwide. The other interventions will be conducted in MOES’s 40 priority districts and Component 1 continuity districts for both CCDG and MAT. Project Management This will cover Project management including coordination and and Monitoring and management of Project activities on planning and execution, financial Evaluation. management, procurement, supervision and reporting, internal and external audits, third party verification for DLIs, environmental and social safeguards management and monitoring and evaluation. It will also support institutional capacity development activities to the Education Coordination Unit under the Department of Planning, MOES and participating MOES departments to effectively carry out activities under the Project. This will be done in close coordination and cooperation with other development partners as appropriate. 3.2 OVERALL DIVISION OF RESPONSIBILITIES The ESSs applicable to the GPE III including the commitments in the ESCP, the SEP, and the measures set forth in this ESMF especially the ESS screening, the ESCOP, the Labor Management Procedures, the Capacity Building Plan, and GRM will be implemented through the existing organizational structure of the MOES with support from Project personnel or consultants embedded in the relevant entities of the ministry. In line with the general mandates of different spheres of government in Lao PDR and similar to the arrangements in the GPE II, the responsibilities and tasks related to the ESSs under the GPE III Project have overall been divided in two levels: I. A policy and strategic level anchored at the MOES in collaboration with the Provincial Education and Sport Services (PESS) acting as the arm of the Ministry at the provincial level. The main responsibilities include: a. Final responsibility for the successful implementation of the Project according to administrative, financial, engineering practices, and social and environmental standards. b. Ensuring compliance with the commitments in the ESCP and the SEP. c. Ensuring implementation of the measures in the ESMF. d. Updating and maintenance of the ESCP, SEP, and ESMF. e. Monitor, evaluate and report on the progress of the Project II. An implementation level entrusted to the villages involved in the Project with the Village Education Development Committee (VEDC) headed by the Village Chief as the responsible partner in the Project. The main responsibilities include: a. Implementation of subproject activities at the village level b. Implementation of subproject agreements on Community-Based Contraction (CBC) for school construction, restoration or maintenance work. c. Procurement and accounting of Project funds received for subproject activities d. Monitoring and reporting to the PESS. 3.3 INSTITUTIONAL ARRANGEMENTS Similar to the on-going GPE II and the ECE projects, the Department of Planning (DOP) of MOES will be responsible for coordination and management of the Project through its Education Coordination Unit (ECU) and will be responsible for overall project management and compliance with the ESCP, the SEP, and the ESMF. 21 August-2020 Page 12 of 69 The MOES will appoint a deputy director as Environmental and Social Manager (ESM) to be responsible for the daily management and supervision of environmental and social risks related to the Project. In addition, two environment and social officers (ESO, comprising one on social aspect and one on environment aspect) will be appointed to assist the ESM. Implementation of the Project activities will be conducted by the responsible departments (called the Implementing Unit or IUs) for each component: • Component 1: The Department of Early Childhood Education (DECE) and the Research Institute for Educational Sciences (RIES) • Component 2: The Department of Teacher Education (DTE), the Teacher Development Center (TDC), and the Teacher Training College (TTC); and • Component 3: The Department of General Education (DGE), the Education Management Information System (EMIS), Teacher Management Information System (TMIS), and Personnel Management Information System (PMIS). 3.4 PROJECT PERSONNEL AND CONSULTANTS In order to effectively manage and oversee social and ethnic group challenges, a social development specialist who is also specialized in gender and ethnic groups development will be recruited by the Project and will work part-time throughout the life cycle of the Project. The social development/ethnic expert will be required to have good local knowledge, especially in the context of ethnic cultural diversity in Lao PDR, and have balanced knowledge of economic development, social/cultural integrity and the education system in Lao PDR. In addition to social and gender-related tasks, the social development/ethnic expert is expected to carry out the following tasks: • Assist MOES in implementing the SEP and ESMF, and related ESS documents. • Conduct social risk screening for each new proposed subproject site. • Develop social risk management indicators that reflect ESS1, 2, 4, 7, 8 and 10 requirements. The main indicators should include but not be limited to the following: (a) develop a communication strategy to ensure ethnic groups’ engagement; (b) consultation and communication in a language that the ethnic group understands; (c) ensure active participation by ethnic groups in project activities and in gaining project benefits; and (d) implement special measures so the poor and vulnerable will access/gain project benefits. • Ensure records are kept of all village interactions and all district and provincial meetings, including breakdowns by ethnicity and gender • Conduct meaningful consultations at school and village levels to enable participants to accept or opt out of project activities. • Conduct small group meetings at village level using appropriate translators or ethnic language speakers, with village groups split by gender, to discuss the potential impacts of project activities, both positive and negative, before the commencement of any school-related rehabilitation/ construction activities. Clear records must be kept demonstrating that this consultation has taken place. • Collect gender- and ethnicity-disaggregated information and data on gender and ethnicity relevant to aspects of teacher training • Develop a training of trainers manual • Develop a gender checklist for each project output • Develop a social monitoring and reporting system and provide training of key project personnel to facilitate overall monitoring of SEP and ESMF implementation and its reporting in quarterly and annual progress reports to WB and the Government. • Assist Project’s Grievance Coordinator to conduct grievance related activities, including screening, prioritizing, investigating and keeping record of all project grievances. 21 August-2020 Page 13 of 69 4 POLICY AND LEGAL FRAMEWORK 4.1 NATIONAL LEGAL FRAMEWORK The Constitution of Lao PDR, ratified in 1991 (updated in 2003), uses the term ‘citizens of all ethnicity’ throughout. It specifically recognizes the need to incorporate the concerns of ethnic groups in developing policy in all sectors, and the Government has reaffirmed its commitment to strengthening the rights of all ethnic groups in various congresses, conferences, decrees, and laws since the 1980s (Articles 8 and 22). Article 75 of the Constitution states that ‘the Lao language and script are the official language and script’. Constitutionally, Lao PDR is recognized as a multi-ethnic society, and Article 8 of the Constitution states, ‘All ethnic groups have the right to preserve their own traditions and culture, and those of the nation. Discrimination between ethnic groups is forbidden’. Article 8 also declares that, ‘The State pursues the policy of promoting unity and equality among all ethnic groups. All ethnic groups have the rights to protect, preserve and promote the fine customs and cultures of their own tribes and of the nation. All acts of creating division and discrimination among ethnic groups are forbidden. The State implements every measure to gradually develop and upgrade the economic and social level of all ethnic groups.’ The key laws and regulations are identified as follows while details are provided in Annex 1. • The Law on Environmental Protection, No. 29/NA, dated 18 December 2012; • The Decree on Environmental Impact Assessment No. 21/PMO of 31 January 2019; • The Law on Aquatic and Wildlife Animals No. 07/NA, of 24 December 2007 Article 7; • The Forestry Law No 64/NA of 13 June 2019 Article 7; Ministerial Agreement No 8056/MONRE of 17 December 2013; • The National Heritage Law No.44/NA dated 24 December 2013; • The Decree on National Environmental Standards, No. 81/GOL dated 21 February 2017; • Ministerial Instruction on Hazardous Waste Management No: 0744/MONRE dated 11 February 2015; • Lao Labour Law, No. 43 NA, 24 December 2013; • The Decree on Occupational Health and Safety No 22/GOL of 5 February 2019; • The 1992 ethnic group policy and Article 12 of the Government Decree on Ethnic Groups No. 207/GOL, 2020; • The Law on Hygiene, Prevention and Health Promotion (Amended 2011); • The Law on Preventing and Combating Violence Against Women and Children (VAWC), No. 56/NA 2014; • The Law on the Protection of the Rights and Interests of Children No. 05/NA, 2006; • The Law on the Development and Protection of Women and Children (2004); • The Law on Anti-Trafficking in Persons, No. 73/NA of 17 December 2015; • Lao PDR has adopted the Convention on the Rights of the Child (1989); • Lao PDR adopted the Convention on the Elimination of All Forms of Discrimination against Women in 1981; • The Family Law (1990); • The Ethnic Groups Committee under the National Assembly. 4.2 WORLD BANK ENVIRONMENTAL AND SOCIAL STANDARDS RELEVANT TO THE PROJECT The social and environmental risks and impacts associated with the Project (see Section 5.1 and Section 5.2) have been screened against the World Bank’s 10 Environmental and Social Standards (ESS) to identify which standards apply to the Project: • ESS1 Assessment and Management of Environmental and Social Risks and Impacts: Applies to the Project. The potential risks and negative impacts will be low given the nature and locations of small works. The proposed mitigation measures will also include 21 August-2020 Page 14 of 69 those to mitigate potential negative impacts due to ESS3 (Resource Efficiency and Pollution Prevention and Management), ESS4 (Community Health and Safety), and ESS8 related to “chance finds procedures”. • ESS2 Labour and Working Conditions: Applies to the Project in terms of people hired to work directly on the project and community workers engaged on community-based construction work. However, government teachers, caregivers, school managers, other school staff and school committee members who may be trained under the Project and be involved in school activities promoted by the Project are Project beneficiaries and are therefore not covered by ESS2. • ESS3 Resource Efficiency and Pollution Prevention and Management: Applies to the Project to a limited extent as indicated in the environmental assessment. The screening tool in the ESMF process will identify the risks and establish the required measures. • ESS4 Community Health and Safety: Applies to the Project to some extent. The screening tool in the ESMF process will identify the risks and establish the required measures. • ESS5 Land Acquisition, Restrictions on Land Use, and Involuntary Resettlement: Not applicable, however the screening tool in the ESMF process includes checks to identify any land acquisition or resettlement issues. If a proposed project activity would involve land acquisition or resettlement, the proposed activity would not be eligible for funding under GPE III, and this is also included in the non-eligible list (Box 7.1). • ESS6 Biodiversity Conservation and Sustainable Management of Living Natural Resources: Not applicable, however the screening tool in the ESMF process includes checks to identify any biodiversity risks. In addition, the Project will promote biodiversity protection by supporting green, clean and beautiful school activities on caring for the environment, plants and animals. • ESS7 Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities: Applies to the Project. The Project will prepare and implement guidelines for social inclusion of disadvantaged groups including ethnic groups and women in basic education teaching and learning and develop practical guidelines to enable effective teaching and learning approaches to children of ethnic groups. • ESS8 Cultural Heritage: It is assessed that the minor construction or maintenance work under the Project are unlikely to involve findings of artifacts of archaeological, cultural or historical importance. Thus, it is not applied to the Project. However, as the construction work will only be determined in the course of the Project, a standard “chance find procedure” is included in the ESMF process. • ESS9 Financial Intermediaries: Not applicable. • ESS10 Stakeholder Engagement and Information Disclosure: Applied to the Project and the Project has developed a SEP. 21 August-2020 Page 15 of 69 5 SOCIAL AND ENVIRONMENTAL ASSESSMENT AND STAKEHOLDER ENGAGEMENT 5.1 SOCIAL ASSESSMENT A Social Assessment has been prepared for the GPE III Project looking at current social circumstances, including general social development and social protection issues related to gender-based violence (GBV), child protection, sextual transmission diseases (STD), and social inclusion of women and other vulnerable groups. Although the Project is expected to bring positive impacts and improve early childhood education teaching, learning and management outcomes, there are some social risks related to current early childhood education issues and potential impacts during the training and technical assistance as well as core mitigation activities related to works contract. There is also opportunity to enhance knowledge on potential positive impacts of the Project on social inclusion and prevention of violence against women and children (VAWC) and STD by integration them into technical assistance and training activities when possible (also see Figure 7.1). The full Social Assessment Report is provided separately. 5.2 ENVIRONMENTAL ASSESSMENT (a) ES Risks and Impacts The environment and social (ES) risks is classified as moderate. All the Project activities will be limited to technical assistance (TA), training, and capacity building while those under Component 3 will also provide school block grants (SBGs) which may also include support for minor school construction or maintenance works. The block grants are based on LAK 100,000 ($12.5) per student. Activities are likely to include minor construction work, refurbishment and repair and maintenance works (installing latrine, repainting of walls, repairing installations, replacing damaged roof, doors or windows, or installing school furniture) at existing schools and they are likely to be made by local community. The potential risks and negative impacts that are likely to be generated from minor construction works, refurbishment and maintenance activities are expected to be low to moderate and manageable by undertaking a screening and application of an appropriate mitigation measures. Construction work outside existing school compound boundaries are not anticipated and land acquisition is therefore unlikely to be required. The Project will not affect any habitats or biodiversity and does not involve any primary production or harvesting of living natural resources. More details are further described in Section 7. The Project will not only mitigate adverse environmental impacts, it will also have focus on utilizing opportunities for promoting and building a sense of care for nature and environment, plants and animals in young children, and raise awareness among school managers, teachers and parents about climate change and increased risks of floods or landslides, and how schools would be able to deal with such risks. This will be part of a Green, Clean and Beautiful (GCB) Schools agenda that the Project will initiate following the guideline provided by Ministry of Natural Resources and Environment (MONRE)3. The Agenda will among other initiatives include development of teaching material for pre-school and primary school classes in cooperation with the National Institute for Education Research and Science, promotion of school activities involving the school children such as tree planting for beautification and protection against erosion, and other similar activities that stimulate the children’s curiosity in the natural environment and at the same time provide physical positive effects to the benefit of the school and the children (see Section 10). 3 Guideline on implementation of green, clean, and beautiful school, MONRE, 2019 (in Laos) 21 August-2020 Page 16 of 69 Moreover, recognizing high risk on natural disaster in Loa PDR, the Project will support development of emergency preparedness and response plans (EPP) for schools by introducing standard emergency procedures and building capacity of teachers and school managers in implementing these procedures. Table 5.1 identifies the potential risks and impacts of the Project activities and the proposed mitigation measures while the screening procedures and mitigation requirements are discussed further in Section 7 (Box 7.1 and Figure 7.1). All Project activities and locations will be identified, selected, and designed during Project implementation. In response to the outbreak of COVID-19 pandemic, all Project activities will also incorporate appropriate measures to prevent COVID-19 contagion. TABLE 5. 1 ASSESSMENT OF THE ESS RISKS AND IMPACTS AND PROPOSED MITIGATION MEASURES. Project Activities Risk/Impacts Proposed Mitigation Measures Remarks Hiring of Project consultants Moderate Prepare a Labor Management To comply with and community workers Procedures as described in ESS2 Section 6 Pilot activities on Green, Low Plan and implement GCB schools To comply with Clean, and Beautiful (GCB) (see Section 10) and/or EPP ESS1. school or Emergency schools per GOL and/or MOES Preparedness Plan (EPP) guidelines. Small renovation works of Low Apply ESCOP (See Annex 2) To comply with existing schools, including ESS1, 2, 4, 6, 7. those to be conducted by community workers New school construction Low to Apply the CBC process To comply with using Community-Based moderate developed for the ECE project ESS1, 2, 4, 6, 7. Contract (CBC) (See Annex 3) and also apply the principles and procedures described in Sections 6, 7, 8, and 9. TA, training, goods, and Low Integrate knowledge on ES See sections materials under issues and actions into the below Components 1, 2, and 3 Project design below and also apply the principles and procedures described in Sections 6, 7, 8, and 9 (b) Mitigation measures incorporated in Project design To ensure that the Project minimizes its negative impact on local community and environment, the school block grant that will be used towards physical infrastructure works such as shelters or school facilities renovation, will require eco-friendly materials and design. The environmental impacts during physical renovation of civil works will be mitigated through implementation of the ESMF. Resource efficiency and pollution prevention and management measures will be developed and implemented to ensure water and electricity use, and plastic and solid waste management are well considered during school operation. 21 August-2020 Page 17 of 69 To build emergency preparedness to the teacher training centers and schools, the Project will provide emergency training package to caregivers, teachers, principals, pedagogical advisors, PESS, and relevant personnel to prepare and carry out evacuation protocols to handle natural disaster emergencies such as flash floods, cyclone, and forest fire. In addition, the Project will integrate content knowledge on climate change, natural disasters, and environment into the training module for teachers to raise awareness and strengthen their resilience capacity to environmental degradation. To reduce climate change vulnerabilities from increased flood risk in particular, the Project will incorporate climate-resilient design measures in the ECE learning facilities such as drainage improvement for shelters and schools for flood control, rain-water harvesting and recycling in water- scarce areas, and tree plantation to protect the school areas from erosion and landslides, etc. In addition, it will train caregivers and teachers on emergency response and knowledge on conservation and efficiencies of natural resource and environment. (c) Potential Interaction with School Construction Work under JICA Project In order to access multiplier financing from the GPE, the Lao PDR has leveraged financing from WB (IDA) and a JICA project involving construction of eight teacher training colleges in Lao PDR. While JICA financing has been used to leverage multiplier financing to be used for this operation and project activities may occur during the same period as GPE III, the JICA school construction activities are not directly and significantly related to GPE III activities, nor necessary for the Project to be viable and would not have been constructed, expanded, or conducted if the Project did not exist. The JICA funded school facilities are therefore not considered as Associated Facilities for purposes of environmental and social risk management. However, as an extra precaution, the screening of new construction works under GPE III will include identification of any interaction with the JICA school construction project. 5.3 STAKEHOLDER ENGAGEMENT The Project has developed a SEP in accordance with the WB’s ESS 10: Stakeholder Engagement and Information Disclosure. The Plan has been developed as a separate document, but it forms an integral part of the ESMF. The basic principle that underpins the stakeholder engagement of the GPE III Project is that engaging with stakeholders must be done with intelligence, respect and openness. Engagement should be planned and conducted to create an atmosphere of openness and respect among people – making room for people’s intelligence to work out problems and finding solutions. Although useful and in a project setting necessary, having plans, rules and procedures for stakeholder engagement is no guarantee for a successful outcome. Therefore, stakeholder engagement plans must never become closed rigid structures, there has to be a certain flexibility because to a large extent, we will not know what works until we try it in practice. 5.4 PARTICIPATION OF ETHNIC GROUPS Although overall access to the ECE project has improved and Laos is close to achieving universal basic education, persistent inequalities remain. Since 2015 in the 40 poorest districts of the country (likely to be the Project target area) enrolment rates for 3-5 year olds have increased from 56 percent to 76 percent but these remain substantially lower than in urban areas. These priority districts are distinct in that many contain substantial and diverse ethnic communities located in remote areas with comparative disadvantage in terms of education services and infrastructure. It is likely that the block grants and other activities will be focused in these priority districts. Persistent barriers to participation include: i. quality of education for rural ethnic group communities/villages, both teachers and students, compounded by issues around language, culture, remoteness and poverty; 21 August-2020 Page 18 of 69 ii. school infrastructure, classroom conditions and supporting facilities such as water supply, sanitation systems, rest areas for teachers and play areas for students. The measures reduce structural barriers to ethnic participation include: • Recruitment of a social development/ ethnic groups specialist: also specialized in gender to work part-time throughout the life cycle of the project and conduct social risk screening for each new proposed subproject site. • Undertake further disaggregated analysis during project implementation of enrolment, completion, dropout and transition rates to factor in gender, ethnicity and disability. • Develop cultural awareness messages in a field guide that incorporates the concept of sensitivity to ethnic groups (cultural responsiveness) and inclusive consultation/social inclusion. • Prioritize distribution of block grants and project training activities where ethnic and gender gaps are identified (e.g. language, culture, social structure, geographic isolation, infrastructure) provide preferential selection and budget for ethnic teachers and poor families/students who are more likely to lack access to project services due to distance, poverty, language, educational attainment. • Ensure that the project and its staff and subcontractors respect ancestral and spiritual land and forest use and remain sensitive to customary use of land by the community, especially ethnic groups. • All project activities must provide access to information in appropriate ethnic languages by providing a translator for meetings. • Any information dissemination must be clear and in simple local language to support comprehension by those who are less literate. • Ethnic interpreters will be used to address the language barrier to avoid misunderstandings and enhance cooperation and participation in activities. • Introduce Talking Book/Talking Box for communication purposes as well as incorporate it into the curriculum. Talking Book offers audio recordings on topics to encourage the traditional literacy skills of reading and writing, as well as a range of digital literacies as it combines audio, visual, animation, multimedia and more. 6 COMMUNITY-BASED CONTRACTING (CBC) 6.1 INTRODUCTION The school block grants under Component 3 of the GPE III that are earmarked for minor construction or physical renovation civil work at existing schools will be implemented through Community-Based Contracting (CBC). The CBC process was introduced in the ECE project and has proven to be an effective way of implementing small school construction contracts in rural areas, and it is also an efficient way to empower poor communities and to enhance their ownership of the schools and their participation in the education process. The CBC operations manual (CBC-OM)4 of the ECE project is adopted for GPE III suggests that the CBC- OM is applied to new school construction and therefore the new construction could be supported under SBGs. However, scope of the proposed mitigation measures related to environmental management in the CBC-OM of ECE project does not include labor management plan, stakeholder 4 Early Childhood Education Project, Community-Based Contracting of School Construction, Operations Manual for the Community-Based Contracting of School Construction, 08 January 2015 21 August-2020 Page 19 of 69 engagement plan, and the social code of conducts as required in Sections 5.3, 5.4, 8, and 9. Gaps filling are discussed in Section 7. In terms of responsibility, in accordance with the CBC-OM, the Village Education Development Committee (VEDC) will have full responsibility for the financial and construction and maintenance management of the work. The committee will set-up a School Procurement Committee (SPC) and a School Project Management Team (SPMT) and sign a simple contract with the Project. The SPC will be responsible for purchasing the material for school construction, and the SPMT will recruit the foreman, skilled workers and laborers for the construction work. This system also ensures maximum use of local materials, local labour and local skills in the school construction. The block grants under Component 3, are executed through contracts signed between the VEDC and the Provincial Education and Sport Services (PESS) – the latter representing the Project. The division of labour and allocation of responsibilities are detailed in the CBC operations manual and summarized in Table 9.1. TABLE 9. 1 DIVISION OF RESPONSIBILITIES FOR COMMUNITY-BASED CONSTRUCTION WORKS Organization Responsibilities Department of Planning, - Compliance with the ESCP MOES (DOP/MOES) - Ensuring implementation of the ESMF Provincial Education and - Signing contract with the VEDC Sport Services (PESS) - Fund utilization and financial reporting to MOES - Overall supervision of works - Reporting to GPE III, MOES - Technical review and quality assurance including checking that appropriate ESS measures are in place - Training of members of the VEDCs and foremen Village Education - Village consultations. Development Committee - Directly responsible for implementation of CBC works, (VEDC) including compliance with the ESSs that applied to the Project. - Responsible for utilization of block grants in accordance with contract with GPE III - Financial and work progress reporting to the PESS School Procurement - Purchase of materials for the construction works Committee (SPC) - Payment of foreman and workers - Financial management of the block grant School Project - Hiring the foreman and workers Management Team - Day-to-day supervision of the construction and maintenance (SPMT) works - monitoring the school construction and identify potential environment and social risks or impacts; and find appropriate mitigation measures - Training of workers Foreman - Undertaking the work as specified - Managing the workers - Day-to-day implementation of the ESS mitigation measures related to the construction or maintenance works. 21 August-2020 Page 20 of 69 To ensure transparency, equity and environmental and social sustainability, the following rules will apply to the constitution and operation of the executing bodies: • At least one member of SPMT, and two members of the SPC, will be women. • In a mixed village, where two or more ethnic groups live in the same village, the composition of the SPC will include the traditional leaders of each group, or their nominees. • No member of the SPMT or the VEDC may sit on the SPC. 6.2 ENGINEERING DESIGN STANDARDS, SUPERVISION, AND QUALITY CONTROL Construction, restoration and maintenance works under CBC in GPE III will follow the relevant technical specifications, engineering design standards and material quality criteria and related procedures on preparation, approval, procurement, supervision and quality control during construction as stated in the CBC-OM issued by MOES. 7 ESMF PROCESS AND PROCEDURES 7.1 OBJECTIVE AND APPLICATION The objective of the ESMF process is to ensure that ES risks and negative impacts arising out of Project activities including physical renovation and/or construction works funded under GPE III are appropriately addressed. In accordance with the WB’s ESF, appropriate ESSs commensurate with anticipated ES risks and impacts will be put in place to effectively deal with such ES risks or impacts arising from Project activities. The relevant VEDC will be responsible for ensuring that the ESMF process and procedures are followed including signing a contract for implementation of the renovation or construction of physical works. Given that most of the small renovation works of existing schools will be made by local communities, an Environmental and Social Code of Practice (ESCOP) has been prepared (see Annex 2) to address the ES issues. The ESCOP comprises 4 parts i.e. (1) Occupational health and safety (OHS); (2) Standard operation procedures for physical works including “chance find procedure”; (3) Community Health and Safety focusing on prevention of GBV and SEA; and (4) Standard Practices to Prevent COVID-19 contagion. For construction of new school to be conducted by local communities (if needed), the Project screening and guideline for preparation of site-specific environment and social management plan (SS- ESMP) are provided in Annex 3 to fulfil the ES gaps of the CBC-OM. 7.2 STRUCTURE AND PROCEDURES As part of the ESMF process, a screening procedure for eligibility will be first conducted to ensure that the activities to be financed by the Project will not include those identified in Box 7.1. The eligible activity will be screened based on the nature of staff and activities (pilot, small renovations, new construction, and/or TA, training, and/or capacity building) and the mitigation measures are identified in Figure 7.1 below will be followed. As mentioned in Section 6, a labor management procedures will be prepared for Project consultants and workers (including community workers responsible for renovation works) while those requirements regarding occupational health and safety of contract/community workers and ESCOP are provided in Annex 2 will apply to the small physical renovation civil works. For construction of a new school (if needed), the mitigation measures will include an ESS screening, a site-specific Environment and Social Management Plan (SS-ESMP) provided in Annex 3 including the ESCOP will be developed and implemented. 21 August-2020 Page 21 of 69 More detailed procedures are provided in Annexes 2, 3, and 4. BOX 7. 1 NON-ELIGIBLE ACTIVITIES • Activity that require involuntary relocation of local people and/or land acquisition. • Activity that may create adverse impacts on local vulnerable groups (VG) • Activity that may cause adverse impacts on local cultural sites or adversely affect vulnerable ethnic group. • Activity that require an Environmental Compliance Certificate (ECC) according to the EIA decree (2019). FIGURE 7. 1 ESMF PROCESS AND PROPOSED MITIGATION MEASURES 21 August-2020 Page 22 of 69 21 August-2020 Page 23 of 69 8 LABOUR MANAGEMENT PROCEDURES 8.1 INTRODUCTION The Labour Management Procedures apply to project personnel 5 and community workers 6 . In addition, the provisions against forced labour and occupational health and safety also apply to government civil servants working for the Project. Project personnel will be recruited and managed by DOP of MOES while community workers including foremen will be recruited and managed by the respective VEDCs with oversight by the PESS. To ensure that community workers are recruited on voluntary basis, the VEDC will arrange meaningful consultations with the villagers with clear information about the recruitment process. Interested persons may apply for work, and the SPMT will interview applicants to ensure that they are applying on their own free will. The DOP and the VEDCs are responsible for compliance with the Lao Labour Law, and the particular requirements of the WB ESS2 (Labour and Working Conditions) including the following: • Hiring of project personnel will follow standard procedures of the MOES that are designed to ensure equal and fair opportunities for job seekers without discrimination of any kind (Lao Labour Law Article 5 and 141); • Provide job / employment contracts with clear terms and conditions including rights related to hours of work, wages, overtime, compensation and benefits, annual holiday and sick leave, maternity leave and family leave, as required by the Lao Labour Law; • Social security according to the Law on Social Security 7 including health, accident and life insurance as stipulated in the law. The employer shall pay the required monthly fees to the National Social Security Fund; • A dedicated GRM will be put in place as described in Section 0 and project personnel and community workers will be informed of the grievance mechanism at the time of recruitment and the measures put in place to protect them against any reprisal for its use; • Ensure compliance with the relevant social Codes of Conduct (Section 9) including providing training/awareness raising on the codes; • Ensure compliance with occupational health and safety standards (see Annex 2) including that the employees are properly trained in application of the standards that are relevant to the work (Lao Labour Law Chapter VIII); • Ensure no child or youth labour (no person under the age of 18 will be employed); • Recruit labour locally to the extent labour is available; • Ensure proper compensation for labour as required by the Lao Labour law; • Ensure equal compensation for work of equal value without discrimination of any kind (Lao Labour Law Article 5 and 141); • Ensure that workers are recruited voluntarily, that no worker is forced or coerced into work (Lao Labour Law Article 102 and 141); • Register all workers (name, age, gender, residence, skills-set) prior to start of the construction/maintenance work contract; 5 Project personnel means people employed or engaged directly by MOES or contracted by third parties to work specifically in relation to the project (these include “direct workers” and “contracted workers” as defined in ESS2); 6 Community workers as defined in ESS2 include foremen and workers recruited to work on community-based contracts 7 Law on Social Security No. 34/NA of 26 July 2013 21 August-2020 Page 24 of 69 • Implement Procedures and methods for conflict resolution in labour or disciplinary actions; and • Supervise and monitor to ensure compliance with the above requirements. 8.2 GRIEVANCE REDRESS MECHANISM (GRM) (a) Routine Disputes Workers will be informed about the relevant GRM upon their recruitment and their right to redress, confidentiality and protection against any reprisals from the employer will be stated in the contract. Routine disputes or complaints about contract conditions, salary payments etc. will be handled directly between the worker and the nearest boss. The parties will make all reasonable efforts to resolve the dispute amicably, but if that is not possible, the case will go for mediation: • For project personnel, a mediator (independent lawyer or paralegal) will be selected by simple lottery from a roster of pre-selected persons. The mediator will hear the case and propose a solution. If still not agreeable, the case will go before the court. The employer will cover all fees and expenses that the complainant may have in bringing the case forth. • For community workers, the case will go before the Village Mediation Committee (VMC) and if the committee is unable to resolve the dispute, the case will go before the court. (b) Serious grievances In case a community worker experiences serious mistreatment such as harassment, intimidation, abuse, violence, discrimination or injustice at the workplace, the worker may raise the case, verbally or in writing directly to the VMC. The VMC will immediately investigate the case respecting confidentiality and anonymity of the worker. In case the worker for whatever reason feels uncomfortable bringing the case to the VMC, the worker may directly contact one of the designated grievance counsellors (see below) at the central level in MOES, who will then investigate the case. In case the VMC is unable to resolve the grievance, the Committee will bring the case to the District Administration. In case a member of the project personnel has a serious grievance, the staff may directly contact verbally or in writing one of the designated grievance counsellors in MOES. (c) Designated Grievance Counsellors Upon project effectiveness, the DOP will call for interested persons (including government civil servants in the ministry) to apply for the position as grievance counsellors. The department will select 5 candidates (gender balanced, ethnic groups representation) who will then receive intensive training in investigating serious grievances, relevant laws and regulations, and World Bank standards including the rights of people who file a grievance. The counsellors will be trained to treat complainants as clients and their work as a service to the clients. (d) Core principles • All complaints received by VMC and the Grievance Counsellors will be filed and kept confidential. For statistical purposes, cases will be anonymised and bundled to avoid identification of persons involved. • After reaching a solution to a case, the VMC or the Grievance Counsellor as the case may be, will follow-up to ensure that the solutions are effective. • Criminal cases will be referred to the public prosecutor. • The employer will cover all fees and expenses that the complainant may have in bringing the case forth including any reasonable legal fees or court fees. 21 August-2020 Page 25 of 69 9 CHILD PROTECTION AND GENDER BASED VIOLENCE CODES OF CONDUCT 9.1 BACKGROUND The Social Assessment Report highlights that while gender based violence, sexual exploitation and child abuse are not commonly discussed at the early childhood and primary school levels, the results of the assessment give rise to several key concerns: (i) both urban and rural communities, more so among women and ethnic group communities, accept and justify certain forms of violence; (ii) quite a high prevalence of physical, emotional and sexual violence was reported and recorded in recent surveys; (iii) despite Lao PDR having substantial legal frameworks to safeguard the rights and interests of women and children, services and help systems are limited; and (iv) the issue is only vaguely understood at all administrative levels and at the individual level. The assessment indicates that basic understanding of the concepts, degree and issues of gender based violence, SEA/child rights should be made available to responsible school officers, principals, teachers and project staff, and the assessment recommends that a clear concise codes of conduct laying out policy principles and requirements that meet the objectives of laws and regulations on Violence against women and children (VAWC) and ESS4 on community health and safety should be made available at the project level and implemented at the subproject level. Information, training and dissemination of information on child protection, GBV and SEA should be designed, incorporated in Project planning, and implemented prior to the commencement of each subproject activity. The social development/ethnic expert will assist MOES in identifying risks of GBV (using World Bank’s Good Practice Note and Gender Based Violence Risk Assessment Screening Tool), particularly Sexual Exploitation and Abuse and sexual harassment that can emerge during the implementation of Project activities, especially with construction works. The Project will incorporate GBV/SEA/VAWC and child protection in its reporting system and grievance redress mechanisms. GBV/SEA/VAWC and child protection trainings will be provided for project staff, school principals, teachers and VEDCs with the objective of raising awareness of existing and potential GBV/SEA/VAWC risks. 9.2 CHILD PROTECTION CODE OF CONDUCT The objective of the Child Protection Code of Conduct is to minimize the risk of child abuse occurring at schools by providing practical guidance to prevent child abuse occurring. This Child Protection Code of Conduct will be communicated with and agreed to by all stakeholders. The key principles for the Code: • Promoting and protecting the best interests of children at all times; • Zero tolerance of child abuse – mandatory reporting of confirmed or suspected child abuse; and • The views of children and young people will be used to inform child protection policy and program development. The Code of Conduct applies to Project personnel, community workers, teachers who interact with children or young people in both a direct and/or unsupervised capacity. The Code of Conduct is presented in Box 9. 1. Teachers, Project personnel and community workers must be aware of their own and other persons’ vulnerability, especially when working alone with children and youth, and be particularly aware that they are responsible for maintaining physical, emotional, and sexual boundaries in such interactions and must avoid any covert or overt sexual behaviours. This includes seductive speech or gestures as well as physical contact that exploits, abuses, or harasses. 21 August-2020 Page 26 of 69 The community workers, school teachers, and Project personnel are prohibited at all times from physically disciplining a child. Physical contact with children can be misconstrued both by the recipient and by those who observe it and should occur only when completely nonsexual and otherwise appropriate, and never in private. One-on-one meetings with a child or young person are best held in a public area; in a room where the interaction can be (or is being) observed; or in a room with the door left open, and another staff member or supervisor is notified about the meeting. Project personnel, community workers, and teachers will refrain from illegal possession and/or illegal use of drugs and/or alcohol at all times, and from the use of tobacco products, alcohol and/or drugs when working with children. Adults should never buy alcohol, drugs, cigarettes, videos, or reading material that is inappropriate and give it to young people. BOX 9. 1 CHILD PROTECTION CODE OF CONDUCT CHILD PROTECTION CODE OF CONDUCT Dos: • Treat everyone with respect, patience, integrity, courtesy, dignity, and consideration. • Never be alone with children and/or youth at school activities without another adult being notified. • Use positive reinforcement rather than criticism, competition, or comparison when working with children and/or youth. • Always maintain appropriate physical boundaries and touch children –when necessary– only in ways that are appropriate, public, and non-sexual. • Promote the safety, participation and empowerment of students with a disability. • Promote the cultural safety, participation and empowerment of linguistically and culturally diverse students • Encourage students to ‘have a say’ and then listen to them with respect. • Respect cultural, religious and political differences. • Help provide an open, safe and supportive environment for all students to interact and socialise. • Respect the privacy of students and their families and only disclose information to people who have a need to know. • Cooperate fully in any investigation of abuse of children and/or youth. Don’ts: • Engage in any form of inappropriate behaviour towards students or expose students to such behaviour. • Touch or speak to a child and/or youth in a sexual or other inappropriate manner. • Inflict any physical or emotional abuse such as striking, spanking, shaking, slapping, humiliating, ridiculing, threatening, or degrading children and/or youth. • Smoke or use tobacco products, or possess, or be under the influence of alcohol or illegal drugs at any time while working with children and/or youth. • Give a child who is not your own a ride home alone. • Accept gifts from or give gifts to children or youth without the knowledge of their parents or guardians. • Engage in private communications with children via text messaging, email, Facebook, Twitter or similar forms of electronic or social media except for activities strictly involving school business. 21 August-2020 Page 27 of 69 • Post online any information about a student that may identify them such as their: full name; age; e-mail address; telephone number; residence; school; or details of a club or group they may attend. • Use profanity in the presence of children and/or youth at any time. • Express personal views on cultures, race or sexuality in the presence of students or discriminate against any student based on culture, race, ethnicity or disability. • Engage in any form of physical violence towards a student including inappropriately rough physical play. I understand that it is my responsibility to use common sense and avoid actions or behaviors that could be construed as GBV or CAE or breach this code of conduct. I do hereby acknowledge that I have read the foregoing Code of Conduct, do agree to comply with the standards contained therein and understand my roles and responsibilities to prevent and respond to GBV and CAE. I understand that any action inconsistent with this Code of Conduct or failure to take action mandated by this Code of Conduct may result in disciplinary action and may affect my ongoing employment. Signed by Title: Date: 9.3 CODE OF CONDUCT TO ELIMINATE GENDER BASED VIOLENCE AND SEXUAL EXPLOITATION AND ABUSE The Code of Conduct to eliminate Gender Based Violence and Sexual Exploitation and Abuse is presented in Box 9. 2. BOX 9. 2 CODE OF CONDUCT TO ELIMINATE GENDER BASED VIOLENCE AND SEXUAL EXPLOITATION AND ABUSE • Treat women, children (persons under the age of 18), and men with respect regardless of race, colour, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. • Not use language or behaviour towards women, children or men that is inappropriate, harassing, abusive, sexually provocative, demeaning or culturally inappropriate. • Not participate in sexual activity with children—including grooming or through digital media. Mistaken belief regarding the age of a child and consent from the child is not a defense. • Not engage in sexual favours or other forms of humiliating, degrading or exploitative behaviour. • Not have sexual interactions with members of the communities surrounding the workplace that are not agreed to with full consent by all parties involved in the sexual act. This includes relationships involving the withholding or promise of actual provision of benefit (monetary or non-monetary) to community members in exchange for sex—such sexual activity is considered “non-consensual” within the scope of this Code. • Report through the GRM or to my manager suspected or actual GBV and/or CAE by a fellow worker, whether in my company or not, or any breaches of this code of conduct. • Wherever possible, ensure that another adult is present when working in the proximity of children. • Not invite unaccompanied children into my home, unless they are at immediate risk of injury or in physical danger. • Not sleep close to unsupervised children unless absolutely necessary, in which case I must obtain my supervisor’s permission, and ensure that another adult is present if possible. 21 August-2020 Page 28 of 69 • Use any computers, mobile phones, or video and digital cameras appropriately, and never to exploit or harass children or to access child pornography through any medium • Refrain from physical punishment or discipline of children. • Refrain from hiring children for domestic or other labour, which is inappropriate given their age or developmental stage, which interferes with their time available for education and recreational activities, or which places them at significant risk of injury. • Comply with all relevant local legislation, including labour laws in relation to child labor. • When photographing or filming a child for work related purposes, I must: • Before photographing or filming a child, assess and endeavour to comply with local traditions or restrictions for reproducing personal images. • Before photographing or filming a child, obtain informed consent from the child and a parent or guardian of the child. As part of this I must explain how the photograph or film will be used. • Ensure photographs, films, videos and DVDs present children in a dignified and respectful manner and not in a vulnerable or submissive manner. Children should be adequately clothed and not in poses that could be seen as sexually suggestive. • Ensure images are honest representations of the context and the facts. • Ensure file labels do not reveal identifying information about a child when sending images electronically. I understand that it is my responsibility to use common sense and avoid actions or behaviours that could be construed as GBV or CAE or breach this code of conduct. I do hereby acknowledge that I have read the foregoing Code of Conduct, do agree to comply with the standards contained therein and understand my roles and responsibilities to prevent and respond to GBV and CAE. I understand that any action inconsistent with this Code of Conduct or failure to take action mandated by this Code of Conduct may result in disciplinary action and may affect my ongoing employment. Signed by Title: Date: 21 August-2020 Page 29 of 69 10 GREEN, CLEAN AND BEAUTIFUL SCHOOLS The Government of Lao PDR’s agenda on creation of a green, clean and beautiful environment is a cornerstone in the environmental management approach of the 2013 amended Environmental Protection Law and is engraved in the 2030 vision of MONRE. As a nationwide project in the education sector, the GPE III Project has opportunities to support school activities to promote and build a sense of care for nature and environment, plants and animals in young children, and the Project will explore and implement these opportunities through a green, clean and beautiful (GCB) school agenda. The promotion of GCB school environments will be made in close coordination with the technical guideline issued by MONRE and building on experiences from various pilot activities and will include a tailored environmental training programme as outlined in Section 11, Table 12. 1. The key action points of the green, clean and beautiful school agenda are summarized below: • The DOP and the PESS apply the guidelines issued by MONRE will arrange awareness raising workshops in selected provinces/districts for interested schools. • Interested schools will sign-up with MOES for implementing green, clean and beautiful school environment projects and teachers from these schools will be eligible for environmental training programmes. The important thing is that the activities should directly involve the school children and the teachers. • The schools that have signed-up will be asked to develop a GCB school environment projects. In doing so, they will hold village meetings to collect ideas and commitments from the community. Typical GCB school projects would include flower and vegetable gardens, school yard clean-up and waste recycling, creating a playground for the children. • Priority activities should include development of educational material on environment and nature for pre-school and primary school children building on experience of previous projects. So far, only two booklets with teaching material have been developed and only in Lao language. There is no material that addresses ethnic groups or their specific relationships with nature and environment. Therefore, the Project will form environment teacher groups with ethnic groups representation to continue the cooperation with MONRE on development of teaching materials and testing the materials in selected schools with children from ethnic groups. • At central and provincial level, the Project will build on existing cooperation between the MOES and the Department of Environment (DOE) of MONRE. At present, MONRE provides some supports on implementation of a GCB school to the secondary school in Nasone district, located about 39 kilometers (KM 39) from Vientiane Capital where a Botanical Garden is being constructed as part of the Lao-Thai MONRE cooperation, and the implementation experiences will help generate some ideas. If possible, the pilot GCB could form part of the GCB network with the secondary school in Nasone. 21 August-2020 Page 30 of 69 11 MONITORING, INSPECTION AND REPORTING 11.1 SELF-MONITORING The VEDC is responsible for ensuring daily / weekly self-monitoring and inspection of construction, restoration or maintenance work carried out under community-based contracts. The actual on-the-ground monitoring and inspection will be done by the SPMT which will report its findings to the VEDC while the VEDC will summarize the findings in quarterly reports to the PESS. The self-monitoring will focus on checking implementation of the proposed mitigation measures stated in the ESCOP or the Site-Specific ESMP. A standard monitoring form is attached in Annex 4. 11.2 OVERSIGHT AND COMPLIANCE MONITORING The Provincial Education and Sport Services is responsible for undertaking regular site inspections to check compliance with the implementation of the required environmental and social standards and measures and to check if there are any emerging unanticipated impacts that need to be addressed. The PESS will consolidate all reports from within their jurisdiction in 6-monthly reports to the MOES (ECU/DOP). 11.3 INCIDENTS OR ACCIDENTS In case of an incident or accident related to the Project which has, or is likely to have, a significant adverse effect on the environment, the communities, or the public including school children, teachers and workers engaged in school construction/refurbishment, the VEDC will immediately and in any case within 24 hours of becoming aware of the incident or accident inform the PESS who will then immediately inform the ECU/DOP. The ECU/DOP will immediately inform the WB. Accidents with significant adverse effects include traffic accidents or construction/refurbishment related accidents at a school compound resulting in serious injury or fatality. Incidents with significant adverse effects include criminal acts against persons related to the project (school children, women, teachers) and violence against children and other forms of sexual exploitation and abuse. The notification to the WB will provide sufficient detail regarding the incident or accident, indicating immediate measures taken or that are planned to be taken to address it, and any information provided by any contractor and supervising entity, as appropriate. Subsequently, as per the WB’s request, the ECU/DOP will prepare a report on the incident or accident and propose any measures to prevent its recurrence. 21 August-2020 Page 31 of 69 12 CAPACITY BUILDING PLAN The capacity building plan of the ESMF is designed to ensure that the people involved in implementing the ESMF are trained to be capable of implementing the framework effectively. The Education Coordination Unit under the Department of Planning in the Ministry of Education and Sport is directly responsible for developing capacity building plans and for monitoring and following- up on the execution of the plans. 12.1 APPROACH The approach to capacity building in GPE III follows an iterative process initiated through the Social Assessment (see Section 5) which has identified general gaps and strengths within the organizational levels of the Ministry, and the social or environmental risks associated with these gaps. The relevant training topics and groups or positions to be trained are derived from that analysis, and by conducting the training on case work, as on-the-job training or using simulated work situations, the learning will be relevant and directly usable for the trainees. This then facilitates immediate feedback from those that have been trained to the trainers and the training planners which then helps to improve the next round of training and at the same time provide ideas and inputs to updating and improving related guidelines or procedures; thus providing a two-way connection between the policy level and the implementation level. 12.2 APPROACH DURING COVID-19 During the period until the COVID-19 pandemic is declared over both by the Government of Lao PDR and the World Bank, the training arrangements will first of all comply with the rules and instructions issued by the Government of Lao PDR as well as applicable procedures issued by the World Bank. This consideration has been integrated into the Project design (see A2. 1 to A2.5). The basic precautions include: • No mass gathering for training of people from different localities • Observe social distancing (2 m) • Ware face mask when together with other people And for the training approach itself: • Conduct remote training of small groups or one-on-one using social media • Use social media groups for discussion and feedback. This may include that the trainees record interviews or group discussions at their locality, followed by discussions and with the trainer through which the trainer will help the trainees to understand and realize important concepts, principles or relationships. • The trainees that have been trained will then function as trainers at their locality with intermittent remote support from the trainers at central level. • Use Talking Books to disseminate information to parents about the importance of childhood learning and the factors that affect learning. 12.3 INDICATIVE CAPACITY BUILDING PLAN An indicative overall capacity building plan is presented in Table 12.1. 21 August-2020 Page 32 of 69 TABLE 12. 1 OVERALL INDICATIVE CAPACITY BUILDING PLAN Timing and Training Topic Trainees Trainers Frequency Basic environmental and Government officials DOP, MOES assisted Within 6 months social risks management involved in the Project, by the ES of Project Project personnel consultants effectiveness and annually thereafter (for 2 years) Implementation of the Project managers, DOP, MOES project As above Project’s ESMF coordinators, and ESMF focal points technical personnel assisted by the ES consultants Screening of project Project managers and DOP, MOES project Prior to design of activities for ES risks or focal points at PESS, ESMF focal points subproject impacts VEDC, construction assisted by the ES activities foremen and workers consultants Application of the ESCOP Project managers and DOP, MOES project Prior to design of and Labor Management focal points at PESS, ESMF focal points subproject Procedures, and SS-ESMP VEDC, SPMT, School assisted by the ES activities (in case applied). Principal consultants Gender and ethnic groups Project managers and The ES consultants Within 6 months sensitivity focal points at PESS, of project start VEDC, SPMT, School and annually Principals thereafter Gender Based Violence and As above As above Within 6 months Violence Against Children of project start and annually thereafter Grievance Redress As above As above Within 6 months Mechanism (safe disclosure of project start and referral) and annually thereafter How to prepare a SS-ESMP VEDC and SPMT PESS and Specialists Prior to design of (if needed) from MOES subproject activities Occupational Health and VEDC and SPMT PESS and Specialists Prior to design of Safety for construction from MOES subproject work activities 21 August-2020 Page 33 of 69 Timing and Training Topic Trainees Trainers Frequency Ethnic group VEDC and SPMT PESS and Specialists Prior to design of communication strategy from MOES subproject activities Community Health and VEDC and SPMT PESS and Specialists Prior to design of Safety from MOES subproject activities Site specific occupational Foremen and workers School Project Prior to design of health and safety and under community-based Management Team subproject other ES measures contracting activities Climate change, natural VEDC and SPMT PESS and Specialists Prior to design of disaster, and emergency from MOES subproject preparedness plan (EPP) activities Green, Clean and Beautiful Teachers PESS and specialist Prior to design of Environment from MONRE subproject activities 21 August-2020 Page 34 of 69 13 ESMF IMPLEMENTATION BUDGET The total budget for implementing the ESMF is roughly estimated to 190,000USD and this budget covers technical assistance from consultants, training on ESF and ESMF and monitoring missions on environmental and social aspects. Detailed budgets will be prepared during preparation of annual workplans and subprojects. TABLE 13. 1 BUDGET FOR ESMF IMPLEMENTATION Lumpsum Activity Amount (USD) Training on ESF and ESMF implementation ($5,000/time, 2 times first year, 1 time 20,000 per year, 2 year) Mobilization of ESS consultants (national) 40,000 Social development/ethic expert (part time) 15,000 Consultation, update of ESF instrument, and Environment and Social Monitoring 50,000 Missions (by DOP and other related agencies), 5 years GCB and/or EPP pilot activities 45,000 Cost for procurement of PPE and materials to prevent Covid19 pandemic 20,000 Total 190,000 21 August-2020 Page 35 of 69 ANNEXES ANNEX 1. NATIONAL LAWS AND REGULATAIONS ANNEX 2. ENVIRONMENT AND SOCIAL CODE OF PRACTICE (ESCOP) FOR SMALL RENOVATION CIVIL WORKS ANNEX 3. THE ENVIRONMENT AND SOCIAL SCREENING AND SITE-SPECIFIC ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (SS-ESMP) ANNEX 4 STANDARD ENVIRONMENTAL MONITORING FORM 21 August-2020 Page 36 of 69 ANNEX 1. NATIONAL LAWS AND REGULATAIONS The Law on Environmental Protection, No. 29/NA, dated 18 December 2012 defines principles, regulations and measures related to protection, control, preservation and rehabilitation of the environment, in order to ensure environmental quality, reduction of impacts and pollution created by human activities. • Article 12 promotes the creation of a green, clean and beautiful environment free of pollution as a cornerstone in environmental management. Article 82 assigns village authorities with the duty to keep the village green, clean and beautiful and to protect streams and community forest. • Article 23, 24, 25, 26 stipulate general requirements to develop and implement environmental management and monitoring plans, use clean technology and comply with the environmental standards, prevent and control pollution and clean-up and rehabilitate the environment in case of accidental release of hazardous chemicals. Articles 33, 34, 35 contain general requirement to strictly comply with the National Environmental Quality Standards and the National Pollution Control Standards. Article 38, 39 and 40 define general requirements to handle, treat and dispose general waste and hazardous waste in accordance with specific regulations; and to control and monitor potential pollution. Article 52 sets out general obligations to use and manage natural resources in a sustainable manner, to assess potential impacts and protect natural resources, pay royalties and service fees. • Article 21 and 22 require certain types of investment projects to conduct either an IEE or EIA and to prepare an IEE/EIA report for review and approval by MONRE (EIA) or PONRE (IEE). • Article 79 establishes the Ministry of Natural Resources and Environment (MONRE) as the lead environmental authority and regulator with the responsibility to implement the ESIA System and to inspect and ensure that the environmental and social impacts from investment projects are mitigated. The Decree on Environmental Impact Assessment No. 21/PMO of 31 January 2019 defines the principles, regulations, and procedures on management, monitoring, and inspection of EIA to prevent, reduce, or restore negative environmental impacts and to ensure that the affected people are compensated and assisted in restoring and improving their living conditions. Article 9 categorizes projects in IEE (Group 1) type projects and EIA (Group 2) type projects. Articles 19 to 30 provide procedures for undertaking an EIA including the review and approval process and appointment of a panel of expert to assist with the technical review. Articles 36-39 include provisions on public involvement during the EIA process and project implementation. The decree sets out the investment projects’ responsibilities for preparing and complying with their IEE/EIAs, and for monitoring and reporting on environmental impacts and mitigation measures. The Law on Aquatic and Wildlife Animals No. 07/NA, of 24 December 2007 Article 7 includes general requirement to protect and conserve biodiversity and to take measures to prevent impacts. Article 24 sets forth general provisions on prohibition and restrictions on hunting wildlife and aquatic fauna. Article 52 contains prohibitions on catching, hunting, trading and possession of wildlife and aquatic fauna without permission; and destruction of wildlife conservation zones, reservoir conservation areas and habitats. The Forestry Law No 64/NA of 13 June 2019 Article 7 includes general requirements to protect forest, forest resources, water resources, biodiversity and the environment. Articles 14-19 define three types of forest areas: Protection Forests; Conservation and Production Forests. Establish conversion rules. Article 22, 69-72 define forest management and zoning in total protection zones, controlled use zones and buffer Zones. Articles 23 and 39 contain provisions on planning, surveying and harvesting of NTFPs and logging. Articles 46-50 are provisions on management and preservation of forest, water resources and tree and NTFP species. Articles 77-86 are about utilization and conversion of forest land. 21 August-2020 Page 37 of 69 Ministerial Agreement No 8056/MONRE of 17 December 2013 determines the type and size of projects that shall undertake an IEE, EIA or none. The National Heritage Law No.44/NA dated 24 December 2013 addresses a number of environmental protection issues. It states that socio-economic development shall proceed side by side with protection and conservation of the national heritage. It defines cultural, historical and natural heritage, noting that natural heritage may have scenic or ecological value. The Law also sets out zoning and measures for protection of heritage sites. Projects are required to immediately report to the local administration and the concerned information and culture sector if any national heritage is found during the implementation of any activities, and they shall suspend their activities until an approval to proceed is granted from the mentioned sector. Article 38 stipulates that any purchase or sale of national cultural and historical heritage by the individual or project need to be approved by the cultural and information sector. Article 42 provides that any socio-economic development activities including infrastructure development in the national cultural and historical heritage areas or places where it is suspected that there is any national cultural and historical heritage shall obtain prior approval from the Ministry of Information and Culture. It is prohibited to cause damages to national cultural and historical heritage including destroying archaeological and anthropological sites or changing the conditions of a natural heritage area. The Decree on National Environmental Standards, No. 81/GOL dated 21 February 2017 determines ambient environmental quality standards and emission limit values for air, noise, and wastewater emission from different types of activities Ministerial Instruction on Hazardous Waste Management No: 0744/MONRE dated 11 February 2015 identifies and classifies hazardous waste, includes provisions on import, export, transfer, storage, use, recycling and disposal of hazardous waste. The objective is to prevent and reduce the generation of hazardous waste. Lao Labour Law, No. 43 NA, 24 December 2013 defines the principles, regulations and measures on administration and monitoring of labour skills development, recruitment, and labour protection in order to enhance the quality and productivity of work in society. Article 5 requires that all working conditions are safe, that salary or wages paid are in full, and that all responsibilities in regard to social insurance are implemented for the employees. Article 59 stipulates prohibits unauthorized forced labour in any form. Article 119 requires employers to maintain a safe workplace and ensure good work conditions for the health of the employees, and to provide appropriate facilitation of welfare for employees in the workplace. The employer shall supply information, recommendations, training and protection for employees so that they may undertake their work safely. The employer shall supply individual safety gear to employees in full and in good condition according to international standards. Article 122 requires that the employer must inspect and assess risks to safety and health of the workplace regularly and report the results to the Labour Inspection Agency at least once per year. Article 123: Companies with 100 or less employees must have at least one employee responsible for labour health and safety. Companies with over one hundred employees must appoint a unit and in case of necessity, a safety and health board responsible for labour health and safety shall be established. Article 124: Companies with fifty or more employees must have a medical practitioner. Article 125: Workplace accident or occupational disease that causes major injury or death, must be reported to the Labour Administration Agency within three days. Article 128: If an employee is injured as a result of a labour accident or occupational disease, the employer or social insurance implementation agency must take responsibility for the cost of treatment as determined in the Law on Social Insurance. The Decree on Occupational Health and Safety No 22/GOL of 5 February 2019 requires employers to provide annual health check-ups for its employees. Employers shall record work accidents and 21 August-2020 Page 38 of 69 occupational diseases and report to the Labour Management Authorities. An employer or the social security organization is responsible for covering the cost of treatment, allowances and compensation to victims of work accidents or occupational diseases. The 1992 ethnic group policy, ‘Resolution of the Party Central Organization Concerning Ethnic Group Affairs in the New Era’, focuses on gradually improving the lives of ethnic groups while promoting their ethnic identity and cultural heritage. It is the cornerstone of the national ethnic group policy. The policy addresses key issues to related national identity and equality between all ethnic groups in Lap PDR, with the objective to increase the level of solidarity among ethnic groups as members of the greater Lao family and improve the living conditions and social welfare of ethnic group women and children step by step. Article 12 of the Government Decree on Ethnic Groups No. 207/GOL, issued on 20 March 2020, addresses education. Article 12 Point 1 requires improvement and development of infrastructure related to education to cover all and allow access by rural, remote communities. Point 2 requires that poor ethnic groups be provided with free access to education so that poor children are able to enter schools. Point 3 requires improvement in teachers’ capacity and allocation of suitable teachers to meet the actual needs of ethnic group students in remote locations. It also requires emphasis on ethnic group teachers as well as improvement and adjustment of teachers’ knowledge and teaching techniques for both single-class and multi-age/multi-grade classes. This Decree covers all aspects of basic social welfare for ethnic groups. For instance: • Article 13: Access to health care, Point 3: Free health services for the poor, especially childbirth and for children under 5 • Article 13: Point 5: Help ethnic women and children access full health care • Article 13: Point 11: Raise awareness in ethnic communities of the negative impact of early marriage • Article 18: Access to legal information and justice, Point 2: Promote and help poor, vulnerable and disabled ethnic people to access to legal information and justice • Article 19: Human resources development, Point 5: Promote and support women’s and men’s knowledge and ability for the development of future generations. The Law on Hygiene, Prevention and Health Promotion (Amended 2011) focuses on controlling the elements of the environment which are dangerous or may be dangerous to the body, to mental health and social status of human. This law promotes investment in health and hygiene prevention, addresses community health and hygiene, and ensures that all building construction includes hygiene principles. It also requires health and hygiene in the workplace for workers and states that all facilities must put in place wastewater and solid waste management, and anti-fire systems. The Law on Preventing and Combating Violence against Women and Children (VAWC), No. 56/NA 2014 defines the principles, rules and measures for preventing and combating VAWC by prevention, protection, provision of assistance to victims of violence and handling of such violence to protect the rights and legitimate interests of women and children; aims to eliminate all forms of VAWC, uphold the roles and dignity of women and children, achieve gender equality, and contribute to developing society in order to maintain peace, public order, solidarity, justice and civilization, and protect and develop the country. The Law is designed to specifically address VAWC that results in or is likely to result in danger, harm, or physical, psychological, sexual, property or economic suffering by women and children. The Law on the Protection of the Rights and Interests of Children No. 05/NA, 2006 defines principles, rules and measures relating to the administration, monitoring and inspection of the implementation of the protection of the rights and interests of multi-ethnic children. These include measures against 21 August-2020 Page 39 of 69 those committing offenses toward children, in order to ensure that children are whole in body, mind and spirit, so that they have good attitudes, knowledge and ability and are able to live good lives and become good successors of the nation. Article 26 on children’s education says that the State has policies to promote and create conditions to ensure that children receive education by expanding formal education, professional training centers and skills training centers provided by both the State and the private sector, and by providing sufficient teachers, textbooks and materials. The Law on the Development and Protection of Women and Children (2004) is designed to guarantee and promote the roles of women, to define fundamental measures for developing and protecting the legitimate rights and interests of women, and to define the responsibilities of the State, society and family toward women. It has the following aims: promoting the knowledge, capability and revolutionary ethic of women; gender equality; eliminating all forms of discrimination against women; and preventing and combating trafficking in women and children, and domestic VAWC. This is in order to create conducive conditions for women to participate and be a force in national defence and development. The law defines sexual violence as ‘an act or attempted act that results in harm to the sexual rights of women and children such as rape, forced sex, any act of obscenity, sexually indecent assault, unwanted sexual comments or sexual touching; or the sending of women or children to another person for sexual purposes’. The law encompasses domestic and public violence, including in educational institutions, workplaces and alternative care settings. The Law on Anti-Trafficking in Persons, No. 73/NA of 17 December 2015 defines the principles, rules and measures regarding the administration, monitoring, supervision, inspection of anti-trafficking in persons to protect the rights, interests, lives, health, dignity, freedom of the citizens and to preserve national traditions and customs aiming at keeping the society safe and secure, in good order and contributing to the national development and protection. The law sets out preventive measures and enforcement measures to combat trafficking of persons and includes provisions on victim protection, compensation and assistance. The Ministry of Education and Sport is responsible for creating conditions which enable Lao citizens, notably women and children living in remote areas, to have access to basic general education and to prevent school children and students from becoming the victims of trafficking, and for incorporating anti-trafficking measures in educational curriculums; and creating favourable conditions for the victims to continue their education free of charge. Lao PDR has adopted the Convention on the Rights of the Child (1989), which outlines the fundamental rights of children including the right to be protected from economic exploitation and harmful work, from all forms of SEA, and from physical or mental violence, as well as ensuring that children will not be separated from their family against their will. These rights are further refined by two Optional Protocols, one on the sale of children, child prostitution and child pornography; and the other on the involvement of children in armed conflict. Lao PDR adopted the Convention on the Elimination of All Forms of Discrimination against Women in 1981. This testifies to the country’s political will to work in partnership with the international community to advance and protect the legitimate interests of Lao women in general and women of all ethnic groups in particular. In conjunction with the protection and promotion of women’s rights in political and socioeconomic fields, the Government of Lao PDR has given due attention to establishing a domestic legal system that will gradually meet international standards. The Family Law (1990) states that ‘the husband and wife have equal rights in all aspects within the family. The husband and wife together make decisions on their own family matters, and are mutually obliged to love, show mutual respect and share a joint obligation for child-rearing and education and build a genuine family bond, happiness and advancement’ (Article 13). In addition to these laws and regulations, the Government of Lao PDR has expressed its commitment to promoting gender equality in a number of policy documents. It approved the Development Plan for Lao Women (1998 –2003), which led to the National Commission for the Advancement of Women, Mothers and Children being 21 August-2020 Page 40 of 69 established in 2003. The plan has been revised every five years and includes goals and programs to promote Lao women’s legal awareness; and to improve their education, skill levels, health, nutrition, and income-generating opportunities, as well as to reduce their workload. The Ethnic Groups Committee under the National Assembly is charged with drafting and evaluating proposed legislation concerning ethnic groups and lobbying for its implementation, as well as the implementation of socioeconomic development plans. Ethnic group research is the responsibility of the Institute for Cultural Research under the Ministry of Information and Culture. The lead institution for ethnic affairs is the mass (political) organization, the Lao National Front for Construction, which has an Ethnic Affairs Department. 21 August-2020 Page 41 of 69 ANNEX 2. ENVIRONMENT AND SOCIAL CODE OF PRACTICE FOR SMALL RENOVATION CIVIL WORKS This Annex provides technical guidance for mitigation measures of small renovation works. It comprises 4 parts: (A2.1) Occupational health and safety (OHS); (A2.2) Standard operation procedures for physical works including “chance find procedure”; (A2.3) Community Health and Safety; and (A2.4) Standard Practices to Prevent COVID-19 contagion. This ESCOP will be included in the bidding and contract documents and compliance will be closely monitored by the Village Education Development Committee (VEDC) and the Foremen responsible for supervision and monitoring of the renovation works. The implementation progress and results from monitoring will be incorporated into the Project progress report. A2.1 OCCUPATIONAL HEALTH AND SAFETY The VEDC is responsible for ensuring the safety of the workers by following safe construction practices at all times. The VEDC is also required to observe all labour laws with respect to safety standards, labour hiring practices, social security workers compensation. Construction sites will be provided with a first aid kit for minor work accidents. In the event of more serious work-related accidents, the VEDC will take responsibility to ensure the workers receive care at local (Village, District or Provincial as appropriate medical facilities, and inform the Provincial Education and Sport Services (PESS) immediately. Project workers have the right to remove themselves from a work situation which they have reasonable justification to believe presents an imminent and serious danger to their life or health without any reprisal or threat thereof. Occupational health and safety start with implementing good housekeeping and keeping the work area tidy, clean and free of debris and scrap and other obstructions. (a) Standard Dos and Don’ts Standard occupational health and safety measures include the below Dos and Don’ts: Do: • Keep the work area and all equipment tidy and gather up and remove debris to keep the work site orderly and safe; • Provide bins or other type of container for collection of waste with separate bins for recyclable materials such as plastic bottles, cans, and scrap metal. Place bins in designated area as instructed by the VDMC, SPMT, the ES Officers, or the Foremen; • Keep passageways and ladders free of material, supplies and obstructions; • Secure loose or light material that is stored on roofs or open floors; • Keep materials at least 2 m from openings, roof edges, excavations or trenches; • Remove or bend over nails protruding from lumber; • Keep hoses, power cords, welding leads, etc. from laying in walkways; • Ensure structural openings are covered/protected adequately; • Provide the appropriate fire extinguishers for the materials found on-site; • Keep fire extinguisher stations clear and accessible; • Ensure access to clean water and latrines by workers and provide mosquito net; • Store and chain all compressed gas cylinders in an upright position; • Mark empty cylinders and store them separately from full or partially full cylinders. Don’t: 21 August-2020 Page 42 of 69 • Do not litter waste or allow animals (dogs, cats, pigs, etc.) to scavenge waste; • Do not burn or bury waste on site or off site; • Do not throw tools or other materials; • Do not raise or lower any tool or equipment by its own cable or supply hose; • Do not eat, drink or smoke in areas where hazardous materials are handled or stored; • Use grounding straps equipped with clamps on containers to prevent static electricity build-up; • Do not allow hunting of animals by workers. (b) Personal Protective Equipment (PPE) The VEDC is responsible for providing the required personal protection equipment and to ensure that it is being used as required. Personal protective equipment shall be provided to the foreman and the workers, and to the members of the VEDC or SPMT, the ES Officer, or the Foremen when inspecting the work from time to time. Typical requirements to wearing personal protective equipment are listed below: General • Avoid loose-fitting clothing and clothing with drawstrings because both types can become ensnarled in building materials or caught in power tools. Welding • Use proper eye protection such as welder goggles and/or a full-face eye shield for all personnel involved in, or assisting, welding operations. • If any risk of other people being exposed to the bright light from welding then use a solid piece of light metal, canvas, or plywood to block welding light from others. • Ensure good ventilation. Painting • Use gloves, googles and face mask for workers painting or assisting with painting. • Ensure good ventilation. Concrete mixing • Use hard hats, boots, gloves and googles. Earthwork or Construction Work • Use hard hats and steel-toed work boots. Use of Power Tools • Many common power tools generate more than 100 decibels. Use single-use earplugs, which are made from foam or silicone rubber Inspectors • Use hard hats and steel-toed work boots. 21 August-2020 Page 43 of 69 A2.2 Standard Operating Procedures The procedures described below is considered a good housekeeping and construction practices aiming to minimize potential negative impacts on local environment and local people during small renovation works and construction of small office building. It includes the “chance find” procedures acceptable to the World Bank, asbestos procedure, and emergency procedure. TABLE A2 - 1 CHANCE FIND PROCEDURE Name of procedure CHANCE FIND PROCEDURE Procedure ID 01-2020 To ensure that any artifacts uncovered in connection with minor construction Objective or maintenance work under the Project are appropriately recorded, documented and reported to the appropriate authorities and rendered safe Lao PDR • Law on National Heritage No. 44/NA, 24-Dec-2013 Legislation • Environmental and Social Standard 8: Cultural Heritage and/or World Bank Standard Step Description • Immediately upon noticing an item that could possibly be an artifact of cultural, archaeological, or historical importance, the finder 1. (Contactor) shall suspend all work and notify the School Project Management Team • The School Project Management Team shall observe and document 2. (take photo, describe) the finding without physically inspecting it and inform the Village Education Development Committee • The Village Education Development Committee shall inspect the 3. finding and if found likely to be an important artifact immediately notify the District Office of Information and Culture • The Village Education Development Committee shall fence off the place of finding and facilitate the officials of the Ministry of 4. Information and Culture to access the place of finding and recovering or otherwise protecting the artifact • The school construction or maintenance work may only resume with 5. the permission of the Ministry of Information and Culture Name of procedure ASBESTOS PROCEDURE Procedure ID 02-2020 To ensure that asbestos containing building materials are not used in new Objective constructions, and that any existing asbestos containing material that has to be removed is safely removed 21 August-2020 Page 44 of 69 Lao PDR Environmental and Social Standard 3: Resource Efficiency and Pollution Legislation Prevention and/or World Ministerial Instruction on Hazardous Waste Management No: 0744/MONRE, Bank Standard 11 February 2015 Step Description No asbestos-based products may be used in school or latrine construction The SPMT shall check that all fibre cement products are from 1. manufacturers that guarantee that their products are free of asbestos materials. The materials must be marked with the manufacturers brand name and the quality checklists must include photographs of the material being installed on site as proof that non-asbestos materials were used Asbestos fibres are most likely to the present in ceiling sheeting and roof sheeting. 2. If asbestos containing material is to be removed or repaired, the PESS will stipulate required removal and repair procedures in the Agreement with the Village Education Development Committee Removal of any asbestos-containing materials shall be performed and 3. disposed of by specially trained workers in line with the World Bang Group guidelines on asbestos management Contractors will be instructed to remove or repair asbestos containing material strictly in accordance with their contract. Removal personnel will 4. have proper training prior to removal or repair of asbestos containing material. asbestos containing material must not to be tampered or broken down as 5. this will release hazardous fibres in the ambient air All asbestos waste and products containing asbestos shall be disposed at 6. an appropriate landfill advised by the Provincial Department of Natural Resources and Environment Name of procedure EMERGENCY PROCEDURE Procedure ID 03-2020 To reduce the risk of human life loss and injury and minimize property Objective damage in the event of an emergency situation at the school Lao PDR Environmental and Social Standard 2 Labour and Working Conditions Legislation and/or World Bank Standard Description 21 August-2020 Page 45 of 69 Preparation The Village Education Development Committee in cooperation with the District Disaster Preparedness and Response Committee will develop specific emergency procedures • Notification procedures and list of persons to contact in case of different emergencies • List and contact coordinates for medical facilities and medical professionals • Provision of fire extinguishing equipment • Provision of first aid kit • List and contact coordinates for all school staff, and parents or guardians of the school children • Identification of a safe place in case evacuation is necessary • Determine emergency levels and thresholds • Regular training and drills with school staff and local emergency agencies (e.g. police, medical facilities, Office of Labour and Social Welfare, Public Health Office) Small spill of • Immediately inform the Foreman flammable or • Eliminate all ignition sources. Stop leak if without risk. Move combustible containers from spill area. liquids • Absorb with an inert material and place in an appropriate waste disposal container. • Use spark-proof tools and explosion-proof equipment. Dispose of via a licensed waste disposal contractor. Large spill of • Evacuate surrounding areas flammable or • Keep unnecessary and unprotected personnel from entering. Do not combustible touch or walk through spilled material. No flares, smoking or flames in liquids hazard area. Avoid breathing vapor or mist. • Put on appropriate personal protective equipment. Floors may be slippery; use care to avoid falling • Eliminate all ignition sources • Stop leak if without risk • Move containers from spill area • Approach release from upwind. Prevent entry into drains, ditches, water courses, or confined areas • Dike spill area and do not allow product to reach ditches, drains or surface or groundwater • Contain and collect spillage with non-combustible, absorbent material e.g. sand or earth • Use spark-proof tools and explosion-proof equipment • Contaminated absorbent material may pose the same hazard as the spilled product • Dispose of the waste as advised by the Provincial Department Office of Natural Resources and Environment • Person on scene shall immediately inform the Foreman (in case the Serious injury injured person is a worker) or the Principal (in case the injured is a child or school staff) 21 August-2020 Page 46 of 69 • The Foreman/Principal shall provide immediate first aid and arrange that the injured person is brought to the nearest medical facility • The Foreman/Principal shall immediately contact a medical professional (from predetermined contacts) to get instructions and be advised on which medical facility to which the injured person should be transported • The Principal shall inform parents (if the injured is a child) or relatives to the injured • The Principal shall inform the Provincial Education and Sport Services • Person observing or being informed about an imminent risk of flooding shall immediately contact the Principal • The Principal will assess the emergency based on the predetermined emergency levels and threshold and in coordination with the Provincial Education and Sport Services (if contactable) determine the appropriate response: o Alert and gather all personnel and school children to be ready for evacuation Flooding o Contact the relevant local emergency agency in accordance with notification and contact procedures agreed with the District Disaster Preparedness and Response Committee to get further information and instructions o Arrange immediate evacuation to the predetermined safe place o Inform parents and guardians that the school is in an emergency and is preparing to / will bring their children to the safe place A2.3 Community Health and Safety During renovation or construction of works, all community workers are required to sign the Code of Conduct on child protection (Box 9.1) and on elimination of GBV and SEA (Box 9.2) provided in the section 9 of the main text. The workers will also be trained as part of the ESMF capacity building plan (see Section 11 of the main text). 21 August-2020 Page 47 of 69 (A2.4) Standard Practice to Prevent COVID-19 Contagion Given the global issues related to COVID-19 pandemic, all communities who work for project will apply the basic knowledge and procedures to prevent COVID-19. The below provides some specific guidance on Infection Prevention and Control Protocol (IPCP) of the COVID-19 recommended by WHO. FIGURE A2. 1 HAND WASHING WITH SOAP AND WATER 21 August-2020 Page 48 of 69 FIGURE A2. 2 HAND HYGRINE WITH ALCOHOL-BASE HAND RUP (AHR) 21 August-2020 Page 49 of 69 FIGURE A2. 3 RESPIRATORY HYGIENE AND COUGH Respiratory hygiene and cough etiquette is a standard precaution that should be applied by communities to contain respiratory secretions (e.g. when coughing, sneezing…) to avoid spreading respiratory infections. 21 August-2020 Page 50 of 69 FIGURE A2. 4 SURGICAL MASK 21 August-2020 Page 51 of 69 FIGURE A2. 5 EYES PROTECTION (SAFETY GLASS, GOGGLES OR FACE SHIELD) 21 August-2020 Page 52 of 69 ANNEX 3. THE ENVIRONMENT AND SOCIAL SCREENING AND SITE-SPECIFIC ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (SS-ESMP) A3.1 INTRODUCTION For construction of new schools, the Environmental and Social Screening and preparation of a Site- Specific Environmental and Social Management Plan (SS-ESMP) will be required. The activities and process will be made by the responsible entities at central, provincial, and/or village levels (i.e. DOP, PESS, or VEDC) as assigned. Table A3-1 presents the Project screening form. The screening should be carried out in close consultation with the Village Education Development Committee (VEDC) or the School Project Management Team (SPMT) including persons involved in the technical design of the construction/maintenance activity. The screening requires basic information and knowledge about the construction/maintenance activity, which would normally be readily available or easily obtainable, but does not require any special studies or surveys or deep insight into environmental or social aspects. The screening consists of a set of standard questions which on the one hand are meant to serve as a checklist and at the same time is intended to provoke the members to consider how best to design and implement the activities causing as little impacts as possible. As part of the screening, the VEDC will conduct free and meaningful consultations at village level using appropriate translators or ethnic language speakers, with village groups split by gender, to discuss the potential impacts of the activities, both positive and negative, before the commencement of any subproject activities including school-related rehabilitation/ construction activities. Clear records will be kept demonstrating that this consultation has taken place. The expert or a person trained by the expert will train the staff responsible for implementation of the ethnic group communication strategy so they know how to be culturally sensitive during implementation of subproject activities including construction activities and when communicating with different ethnic groups’ youth, elderly, children, men and women. TABLE A3. 1 SCREENING FORM FOR IDENTIFICATION OF ENVIRONMENTAL AND SOCIAL RISK MANAGEMENT Considerations on ID Screening Question Yes/No Information Mitigation Reference to Table A3. 2 - As a rule, GPE III will not fund activities that involve land acquisition. If Yes, provide Therefore, if the location answer to the Will the construction coordinates, size of screening question work or any part of it be Yes ___ 1. land, current is Yes, (construction undertaken outside the No ___ landowner and/or work will be boundaries of the school users and current undertaken outside compound land use the school compound), the VEDC will either redesign the construction work to ensure that the 21 August-2020 Page 53 of 69 Considerations on ID Screening Question Yes/No Information Mitigation Reference to Table A3. 2 work does not involve any land take outside the school compound, or remove the construction work proposal from their project activities If Yes, when and with which Are there any plans to community, number consolidate another of households and community into the Yes ___ people, and 2. village or has such percentage of - If Yes, apply Item 17 consolidation occurred No ___ village population. within the last three Ethnicity of years? incoming and host communities Does the school provide the following for its - If No (to any one of schoolchildren? the questions) For each a) basic drinking consider adding question: water Brief description of installation of 3. b) single-sex basic Yes ___ facilities relevant facilities to sanitation the subproject No ___ facilities activities (if not c) basic hand already included) washing facilities List the ethnic Are there any non-Lao Yes ___ groups and their 4. speaking ethnic groups in percentage of the - If Yes, apply Item 17 the community? No ___ village population - What are the enrolment rates of Enrolment rates for children aged 3-5 children age 3-5 years years by ethnic (disaggregated by groups, male, female - If indications of low ethnicity and 5. participation, apply gender)? Enrolment rates for Item 17 - What are the primary school enrolment rates for children by ethnic primary school groups, male, children female (disaggregated by 21 August-2020 Page 54 of 69 Considerations on ID Screening Question Yes/No Information Mitigation Reference to Table A3. 2 ethnicity and Drop-out rates for gender)? primary school - What are the drop- children by ethnic out rates for groups, male, primary school female children (disaggregated by ethnicity and gender)? - If Yes, consult with the PESS and together take contact to the JICA project management and JICA’s environmental and social specialist on their project. Are there any plans to Involve the Social construct a teacher Consultant and training college as part of If Yes, obtain together with the JICA funded project information about PESS work with the within a radius of 5 km Yes ___ the location, scope, JICA specialists to 6. from the village centre? No ___ timing and duration identify and address To answer this question, of project any potential the Committee should construction cumulative impacts contact the Department or impacts that the of Planning, MOES JICA construction may have on the village school project or other school activities. - If necessary, consider rescheduling the work not to coincide with the JICA project construction - Urgent work may override Is the work urgent for Yes ___ considerations to 7. Reason: health and safety reasons No ___ schedule work during school breaks 21 August-2020 Page 55 of 69 Considerations on ID Screening Question Yes/No Information Mitigation Reference to Table A3. 2 Describe (type, size and location on the Yes ___ compound in - If yes, prepare a SS- 8. Is it a new structure relation to the No ___ ESMP entrance, classrooms and playground) - Consider arranging temporary teaching facility during construction (e.g. in a villager’s house, village meeting Is it in or on an existing Yes ___ room, tent or other 9. school building with Describe: No ___ form of temporary classrooms light structure to be erected on the school compound) - Consider if the work can be done during a school break - If the duration of the work is more than 10 workdays, 10. How long will the work Days: then consider if the take work can be done during a school break - If the work involves more than 5 workers, then 11. How many workers will Number of workers: be onsite consider if the work can be done during a school break - Additional training Will the foreman be Yes ___ may be required 12. recruited from the If No, give reason - Consult with PESS community No ___ and the Social Specialist - Additional training Will the workers be Yes ___ may be required 13. recruited from the If No, give reason - Consult with PESS community No ___ and the Social Specialist 21 August-2020 Page 56 of 69 Considerations on ID Screening Question Yes/No Information Mitigation Reference to Table A3. 2 Does the work involve: - Item 5 Vegetation 2 m area for - Redesign to avoid Yes ___ removal of 14. Removal of vegetation vegetation removal: and/or cutting of trees No ___ vegetation and Number or trees: cutting of trees - Replanting of trees - Item 2 Solid Waste - Less than 1 m3 of normal domestic waste consider using the regular Yes ___ waste collection 15. Soil excavation m3 of soil: system if available No ___ - Consult with the District Office of Natural Resources and Environment for proper disposal site - Item 3 Sanitation, Yes ___ Wastewater and 16. Onsite mixing of cement Runoff No ___ - Item 6 Noise Emission - Item 1 Traffic Yes ___ - Item 6 Noise 17. Use of heavy machinery Emission No ___ - Item 7 Dust Emission - Item 6 Noise Use of hand tools Yes ___ Emission 18. (drilling, cutting, welding, - Item 12 hammering) No ___ Occupational Health and Safety - Item 8 Use of Toxic and Hazardous Use of paint or other Materials Yes ___ 19. liquid chemicals (e.g. wall - Item 14 Potential painting, use of wood No ___ risk to School preserving chemicals) Children and Teachers’ safety 21 August-2020 Page 57 of 69 Considerations on ID Screening Question Yes/No Information Mitigation Reference to Table A3. 2 - Item 2 Solid Waste - Item 14 Potential risk to School Children and Yes ___ Describe: (structure Teachers’ safety 20. Demolition work or part of structure, - Consult with the No ___ type of materials) District Office of Natural Resources and Environment for proper disposal site Asbestos containing Yes ___ - Item 13 Removal of 21. materials (cutting, No ___ Asbestos removing, demolishing) TABLE A3. 2 GENERIC MITIGATION MEASURES FOR TYPICAL NEW CONSTRUCTION WORKS (*Note term “contractor” means “community contractor”) ID Risk or Impact Standard Mitigation Measure Monitoring Traffic 1. - The SS-ESMP will specify access, - The School Transportation of loading/uploading and parking areas for the Project workers, materials and contractor to avoid mixing traffic with school Management equipment to and from children, teachers or parents. Team (SPMT) the work site and use of - The contractor will employ a flag-persons to daily heavy equipment on site control vehicles entering or exiting the school involves risk of accidents compound, and during loading or unloading. for school children and - If heavy equipment is used, the contractor will teachers fence-off the work site and a flag person will control access to the work area. - The contractor will schedule transport not to coincide with school opening/closure or breaks when school children will be playing outside. - The contractor will ensure that vehicles are loaded in such a manner as to prevent falling off or spilling of construction materials. - The contractor will ensure compliance with a speed limit of 10 km/h for all traffic inside the school compound and 20 km/h in the community. Solid Waste 2. - The SS-ESMP will specify the solid waste - SPMT at The amounts and types disposal site to be used - as advised by the start-up and of solid waste will vary District Natural Resources and Environment then weekly depending on the type Office. - Provincial and scale of the - The contractor will daily segregate solid waste Education construction or in hazardous and non-hazardous waste, and and Sports maintenance work. The then in recyclable and non-recyclable waste. Service total amounts are Recyclable waste includes plastic bottles, cans, 21 August-2020 Page 58 of 69 ID Risk or Impact Standard Mitigation Measure Monitoring typically moderate and metal. Non-recyclable waste is likely to include (PESS) will mainly consist of wrappings, packaging and construction waste. monthly construction waste The waste fractions will be stored temporarily (wood, concrete, bricks, in bins or in fenced-off and covered enclosures. metal, used bags, - The contractor will bring recyclable waste to sweepings). the local recycling dealer or shop - if there is one. If there is no local recycling dealer, the recyclables (still segregated) shall be brought to the waste disposal site specified in the SS-ESMP for possible recycling by dealers operating there or disposed together with non-recyclable waste at that site. - Disposal of waste (that is not recycled) is only allowed at the solid waste disposal site specified in the SS-ESMP. - Open burning or burial of any form of waste or materials is strictly prohibited both onsite and offsite. - Littering of waste is strictly prohibited. Sanitation, Wastewater 3. - The contractor will use the sanitary facilities - SPMT at and Runoff available at the school for adults as instructed start-up and Use of sanitary facilities by the SPMT, or if sanitary facilities are not then weekly for the workers may available, the contractor will install temporary - PESS cause some disturbance. facilities for the workers to be located away monthly from classrooms and playgrounds as advised by Concrete mixing onsite the SPMT or make other suitable arrangement may cause discharge or in agreement with the SPMT. spills of contaminated - The contractor will arrange daily cleaning of the water to the ground or sanitary facilities used by the workers. into drains or ditches - Wastewater from concrete mixing or washing of equipment shall not be discharged directly to drains or ditches but shall be led through a small settling pond and through a vegetation filter before discharge. If possible, the water should be reused for washing equipment, dust suppression or concrete mixing. - If the construction work includes soil excavation, the contractor will make soil berms or drains to direct clean runoff away from excavations or disturbed surfaces. - The contractor will not pour excess concrete or wash sweepings into the street, storm drain or leave it on the compound. Instead, excess concrete shall be collected when cured and disposed together with non-recyclable solid waste. Materials Management 4. - The contractor will avoid stockpiling materials - SPMT at Stockpiles of materials if practicable and not stockpile materials for start-up and (cement, sand, other more than 1-2 days of work. Materials will be then weekly construction materials) stockpiled under cover protected against rain and at times and in an area that can be fenced off to of delivery prevent access. 21 August-2020 Page 59 of 69 ID Risk or Impact Standard Mitigation Measure Monitoring - The SS-ESMP will point out suitable place for stockpiling. Vegetation 5. - The construction work will to the extent - SPMT weekly Construction work may practicable be designed to avoid removing - PESS involve a risk of vegetation and cutting or felling trees. In monthly disturbing or removing addition, the contractor will arrange the work school compound to limit removing vegetation and cutting or vegetation cover or of felling trees as much as possible. cutting or felling trees on - The SS-ESMP will identify vegetation cover and the site trees that must be protected and vegetation/trees that the contractor is allowed to remove if unavoidable. - The contractor will mark or fence areas where land cover or vegetation should be preserved or restored. - In case tree cutting is unavoidable, the contractor will replant 10 seedlings for every tree cut - Disturbed areas shall be revegetated with locally available native species as soon as possible. Noise Emission 6. - To the extent possible, the VEDC will schedule - SPMT weekly Use of heavy equipment work involving disturbing noise emissions for and certain hand tools prolonged periods during school breaks. may generate intruding - The contractor will carry out noisy activities at noise that will disturb times when there are no classes to the extent classes feasible (e.g. during weekends or after school classes have finished) - If noise disturbance cannot be avoided, the VEDC will consider temporarily moving classes to another locality Dust Emission 7. - The contractor will spray water on unpaved - SPMT weekly Vehicle movement on entrance/access roads during dry weather - PESS unpaved ground or earth conditions to control dust emission monthly works under dry weather - The contractor will comply with speed limits conditions are likely to - Monitor the excavations generate fugitive dust - Avoid work during windy days - Transport of materials that may generate dust will be covered with canvass or similar Use of Toxic and 8. - The contractor shall ensure that the following - SPMT weekly Hazardous Materials precautions are strictly observed when using - PESS Painting, use of wood flammable, combustible or other toxic monthly preserving chemicals or materials (e.g. wood preserving paint, cleaning other flammable or agents, oil paints, solvents, diesel oil): combustible liquids o wear protective gloves and eye involve risks to the protection. health and safety of the o use only outdoor or in a well-ventilated workers, school children area and teachers at the o avoid release to the environment school, and to the o keep away from heat, hot surface, environment. Wood sparks, open flames and other ignition preserving paint is a sources 21 August-2020 Page 60 of 69 ID Risk or Impact Standard Mitigation Measure Monitoring flammable liquid that is o no smoking acute toxic to aquatic o Keep containers firmly closed when not life. Minor amounts of in use hazardous waste will o do not reuse empty containers also be generated o dispose empty containers as hazardous waste o to the extent practicable apply the paint offsite at the contractor’s workshop and always control that school children are kept at least 30 m away from the place of use o woodwork in rooms shall be allowed to off gas for at least 48 hours before using the rooms o Unattended storage of paint/oil on the school premises is not permitted o Store in original container protected from direct sunlight in a dry, cool and well-ventilated area separate from combustible materials - It is prohibited to dispose any hazardous materials into soil, waterways, sinks, drains or ditches - In case of fire, use foam, dry chemical or carbon dioxide extinguisher or spray Chance find Procedures 9. - Determine before the project commences if - SPMT in case the project site is likely to have heritage or of finding archaeological artifacts - PESS if - Follow the chance find standard operating alerted procedures Localized disturbance of 10. - The contractor will coordinate transport of - SPMT at surrounding areas materials etc. with the VEDC to avoid traffic start-up and The expected minor congestion. in case of construction works may - The contractor will coordinate construction complaints pose small, temporary activities that are likely to disturb neighbours nuisances to school with the VEDC to avoid or minimise neighbours disturbances. Site Clean-up and 11. - Maintain original landscape and vegetation as - SPMT upon Restoration much as possible. Mark, flag, or fence areas completion where land cover or vegetation should be - PESS upon preserved or restored. completion - Collect, segregate and dispose all waste from the construction work as specified in Item 2 Solid Waste. Workers Health and 12. - Prepare procedures and train staff to deal with - SPMT at Safety any emergency which could cause major injury start-up and to the health and safety of workers, school weekly children, teachers or people in the community - PESS (based on generic emergency procedures in monthly Annex 2. - Provide a first aid box close to the construction site 21 August-2020 Page 61 of 69 ID Risk or Impact Standard Mitigation Measure Monitoring - Provide sanitary lavatory for workers - Provision of protective clothing, helmets, goggles and footwear to workers - Prepare worker compensation schemes for health hazards and accidents Removal of Asbestos 13. - The SS-ESMP will identify if removal of any - Before asbestos-containing materials is likely. removal, if - Contractors will remove or repair asbestos- asbestos is containing materials strictly in accordance with present specifications in the SS-ESMP. - Removal personnel will have proper training prior to removal or repair. All asbestos waste and products containing asbestos is to be buried at an appropriate landfill and not to be tampered or broken down to ensure no fibres are airborne. - It is prohibited to use any asbestos-containing materials for construction or maintenance. Potential risk to School 14. - The SPMT will inform the Principal and all - SPMT at Children and Teachers’ teachers about the upcoming construction start-up and safety due to school work and advise them on important weekly construction/restoration precautions to protect the school children and - PESS work themselves. monthly - Ensure that workers have been trained in the Codes of Conduct - The contractor will fence off the construction area - Follow traffic rules under item 1 Traffic Risk of presence of 15. - The VEDC will contact the National Regulatory - SPMT daily unexploded ordnance Agency (NRA)8 and request information and - VEDC at (UXOs) advice about the risk of UXOs in the area and start-up and how to manage such risks (if any) completion - In case there is a risk of UXO presence, the - PESS at VEDC will engage an organization accredited by completion the NRA to carry out UXO surveys. - During UXO survey, the VEDC will ensure that all instructions from the UXO survey organization are strictly implemented - If the survey indicates presence of UXOs, VEDC will engage an organization accredited by the NRA to undertake UXO clearance, and ensure strict implementation of all instructions given by the UXO clearance organization - Construction work will only start once the area has been released by the UXO organization Risk to the safety of 16. - Through Community Child Development - VEDC weekly school children when Groups and VEDCs, establish children’s group - PESS travelling between walks from home to school for child safety monthly reason and reduce GBV/SEA/VAC risks 8 The NRA is the agency with authority to control and regulate UXO/mine actions within Lao PDR 21 August-2020 Page 62 of 69 ID Risk or Impact Standard Mitigation Measure Monitoring home and school or - Incorporate road and river safety awareness at playing unattended schools and villages to avoid risks and fear of accidents while children are walking to school and playing unattended Risk of poor 17. - Implement a community consultation strategy - VEDC weekly participation of ethnic that incorporates ethnic group - PESS groups sensitivity/culturally responsive methodology, monthly conduct meaningful consultation, and ensure transparency in promoting quality education. - Conduct small group meetings at village level using appropriate translators or ethnic language speakers, with village groups split by gender, to discuss the potential impacts of project activities, both positive and negative, before the commencement of any school- related rehabilitation/ construction activities. Clear records must be kept demonstrating that this consultation has taken place - Apply the cultural awareness field guide on promotion of inclusion of ethnic children and teachers in project activities. - Preferential selection of ethnic teachers and caregivers for training and mentoring, - Consideration of piloting use of talking book technologies for curriculum delivery and project communications. - Pay special attention to ethnic and gender sensitivity, taking into account ethnic groups’ gender perspectives and incorporating them into the communication strategy - Ensure implementation of the code of conduct for workers, teachers and caregivers - Establish children’s ‘walk to school’ groups - Ensure that the project and its staff and community workers respect ancestral and spiritual land and forest use and remain sensitive to customary use of land by the community, especially ethnic groups Risk of violence against 18. - Provide information and training on elimination - VEDC weekly women and children of violence against women and children - PESS - Provision of teacher counselors at school monthly cluster level with link to a trained national guidance consultant or organization on Violence Against Women and Children (VAWC) issues - Ensure implementation of the Codes of Conduct (see Box 9. 1 and Box 9. 2 of the main text) 21 August-2020 Page 63 of 69 A3.2 SITE-SPECIFIC ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (SS-ESMP) Based on the outcome of the screening and selection of applicable standard mitigation measures, the VEDC assisted by the SPMT will develop a SS-ESMP describing specific requirements to the contractor that will be hired through community-based contracting (the foreman and workers), and will also include specific actions to be taken by the VEDC and the SPMT to prevent or minimise potential negative environmental or social effects. A SS-ESMP consists of the following sections: Village Map, School Site Plan, and Specific Instructions as follows: (a) Village Map A village map is a map of the village (e.g. based on a recent Google Earth image) indicating: School; Houses; Roads; General land use; Forest; Ancestral or spiritual land, forest, trees or animals; and Water bodies. The village map will be prepared based on the guidelines in the Village Guide of the Early Childhood Education Project, Annex G (revised 26 May 2017). (b) School Site Plan The School Site Plan is an A4 drawing of the school compound and its facilities as indicated in Figure A3-1. The School Site Plan will show existing features (structures, vegetation etc.) and point out the features that must be protected and where certain construction/restoration/maintenance related activities may or may not be carried out. FIGURE A3. 1 CONCEPTUAL SCHOOL SITE PLAN 21 August-2020 Page 64 of 69 The School Site Plan will display existing features including: School buildings, Places of spiritual significance, Water posts, Toilet/latrines, Ground vegetation cover, Trees, Playground, Waste bins, Ditches, Entrance, Parking area, and North arrow. The drawing will be approximately to scale. (c) Specific Instructions The School Project Management Team will draft the Specific Instructions to the contractor by filling- in the form in Table A3.3 and adding relevant information and markings to the School Site Plan. This form refers directly to the Standard Mitigation Measures and relevant standard requirements should be entered in the Specific Instructions. TABLE A3. 3 SPECIFIC INSTRUCTIONS TO THE CONTRACTOR ID Risk or Impact Specific Mitigation Measure 1. Traffic - Mark place for loading/uploading and parking - Specify if vehicles are allowed / not allowed to enter the compound and the timing when it is allowed (if allowed) - Specify if vehicle entry is not allowed - Mark areas that shall be fenced off 2. Solid Waste - Mark place for temporary collection and storage of solid waste - Specify waste segregation and the solid waste disposal site to be used - Specify that open burning, burial and littering of any form of waste or materials is strictly prohibited both onsite and offsite. - If the school is serviced by a regular waste collection system, then specify if and what type of waste that will be managed by the regular waste collection system 3. Sanitation, - Prohibit the workers from using the sanitary facilities that are Wastewater and designated to the school children. Runoff - Specify the sanitary facilities that the contractor may use, or if the contractor must provide temporary facilities for the workers and where such facilities may be installed (or make other appropriate arrangement in agreement with the School Project Management Team). - Specify that the contractor shall arrange daily cleaning of the sanitary facilities used by the workers. - Specify runoff/wastewater discharge points and any requirements to install settling ponds. - Specify that if possible, runoff water should be reused for washing equipment, dust suppression or concrete mixing. 4. Materials - Specify the materials that may be stockpiled and mark the place Management where the materials are allowed to be stockpiled 5. Vegetation - Specify and mark the areas that must not be disturbed - Specify and mark trees or other vegetation that must be preserved - Identify vegetation/trees that the contractor is allowed to remove or prune if unavoidable. 6. Biodiversity - Prohibit community workers from hunting and harvesting of wildlife or Protection other living natural resources, - Prohibit community workers from activities that would result in degradation of habitats - Prohibit community workers from engaging in wildlife trade and consumption 21 August-2020 Page 65 of 69 ID Risk or Impact Specific Mitigation Measure 7. Noise Emission - Specify the timing when noisy work is allowed (drilling, hammering, excavation) and what other precautions that should be taken to reduce the noise 8. Dust Emission - Specify areas that the contractor must spray with water when used by the contractor’s vehicles during dry weather conditions. This may include public dirt roads leading to the school 9. Use of Toxic and - Specify hazardous materials that are not allowed to be used (e.g. Hazardous Materials asbestos containing building materials, pesticides) - Specify the Safety Data Sheets for the hazardous materials that are allowed to be used (e.g. wood preserving paint) 10. Chance find of - Highlight if the project site is likely to have heritage or archaeological Heritage artifacts - Include the chance find standard operating procedures 11. Localized - Identify and mark sensitive neighbours disturbance of - Specify how the contractor should coordinate transport of materials surrounding areas and construction work with the Village Education Development Committee to avoid disturbances, and any specific times when transport should be avoided/or preferably be carried out 12. Site Clean-up and - Specify areas where vegetation cover must be preserved or restored Restoration 13. Workers Health and - Specify the training and timing of training that will be provided by the Safety Project to the contractor - Specify the required personal protective equipment for the various types of work - Specify the personal protective equipment that the Project will provide and the equipment that the contractor must provide - Specify the worker compensation schemes for health hazards and accidents 14. Removal of Asbestos - Specify if removal of any asbestos-containing materials is likely. - Specify the procedures to be followed for removal of asbestos 15. Potential risk to - Specify areas that must be fenced off and School Children and - Specify access must be controlled and where access is only allowed for Teachers’ safety the contractor and authorized personnel - Specify training and timing of training to be provided by the Project to the contractor - Instruct and train the workers in the Codes of Conduct 21 August-2020 Page 66 of 69 ANNEX 4 STANDARD ENVIRONMENTAL MONITORING FORM Project Title and Location Project Title ID Number Village and Village ID Number District Province Project Information Start Date Expected Completion Date Work Description TABLE A4. 1 COMPLIANCE CHECK LIST – MARK FINDINGS ON THE SCHOOL SITE PLAN ID Risk or Yes/No Specific Mitigation Measure Impact Comments 1. Traffic - Is loading/uploading and parking done at the - designated areas? - Any entry of unauthorized vehicles? - Are areas fenced off as required? 2. Solid Waste - Is waste collected and segregated in bins? - - Any sign of littering? - Any sign of open burning of waste? 3. Sanitation, - Any complaints about use of sanitary facilities? - Wastewater - Are the sanitary facilities kept clean? and Runoff - Any signs of polluted wastewater being discharged? 4. Materials - Are stockpiles safe and in the designated area? - Management 5. Vegetation - Any disturbance of vegetation in areas that must - be kept undisturbed? - Any cutting of trees that must be preserved 6. Noise - Any indications of loud and disturbing noise - Emission emissions? 7. Dust - Are signs of high dust emissions? - Emission - Does the contractor spray water to depress dust? 21 August-2020 Page 67 of 69 ID Risk or Yes/No Specific Mitigation Measure Impact Comments 8. Use of Toxic - Are hazardous materials used or present at the - and site? Hazardous - Are hazardous materials being handled as required Materials (check with Safety Data Sheets) - Is the contractor well-aware of how to handle hazardous materials? 9. Chance find - Has there been any indications that the site is likely - of Heritage to have heritage or archaeological artifacts? - Is the contractor well-aware of the chance find procedures? - Include the chance find standard operating procedures 10. Localized - Have there been any complaints from the - disturbance community / neighbours / teachers about of environmental or social issues? surrounding - Any signs of disturbances affecting neighbours or areas the community? 11. Site Clean-up - Is the site being kept clean, tidy and in good order? - and - Have areas been restored (revegetated) as Restoration required? 12. Workers - Have the workers been trained in relevant - Health and occupational health and safety measures? Safety - Are the workers wearing the required personal protective equipment? Specify the training and timing of training that will be provided by the Project to the contractor? 13. Removal of - Are there any likely asbestos containing building - Asbestos materials that need to be removed? - Is the contractor well-aware of the procedures for removal of asbestos containing material 14. Potential risk - Have areas been fenced off as required to protect - to School school children? Children and - Is access to the work areas being properly Teachers’ controlled? safety - Have the workers been trained in the child protection code of conduct? 21 August-2020 Page 68 of 69 Evaluation and Instructions to the Contractor (including community contractor) ID Points to be improved Deadline Inspector Contractor Date Name and Position Signature 21 August-2020 Page 69 of 69