REPUBLIC OF NIGER MINISTRY OF TRANSPORT AND EQUIPMENT Enhancing Niger Northeastern Connectivity Project (PACNEN) - P171793 Original Financing and Additional Financing ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) Draft Version after DM to be used for Negotiation XX February 2025 1 ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 1. The Republic of Niger, (the Recipient) is implementing the Enhancing Niger Northeastern Connectivity Project PACNEN (P171793), (the Project), with the involvement of the Ministry of Transport and Equipment (MTE), as set out in the Original and Additional Financing Agreements (“Agreements�) . The International Development Association (the Association), has agreed to provide the original and additional financing for the Project, as set out in Agreements. This ESCP supersedes previous versions of the ESCP for the Project and shall apply both to the original and the additional financing for the Project referred to above. 2. The Recipient shall ensure that the Project is carried out in accordance with the Environmental and Social Standards (ESSs) and this Environmental and Social Commitment Plan (ESCP), in a manner acceptable to the Association. The ESCP is a part of the Agreements. Unless otherwise defined in this ESCP, capitalized terms used in this ESCP have the meanings ascribed to them in the Agreements. 3. Without limitation to the foregoing, this ESCP sets out material measures and actions that the Recipient shall carry out or cause to be carried out, including, as applicable, their respective timeframes; institutional, staffing, training, monitoring and reporting arrangements; and grievance management. The ESCP also sets out the environmental and social (E&S) documents that shall be prepared or updated, consulted, disclosed and implemented under the Project, consistent with the ESSs, in form and substance acceptable to the Association. Said E&S documents may be revised from time to time with prior written agreement by the Bank. As provided for under the referred Agreements, the Recipient shall ensure that there are sufficient funds available to cover the costs of implementing the ESCP. 4. As agreed by the Association and the Recipient, this ESCP will be revised from time to time, if necessary, to reflect adaptive management of Project changes or unforeseen circumstances or in response to Project performance. In such circumstances, the Association and the Recipient agree to update the ESCP to reflect these changes through an exchange of letters signed between the Association and the Minister of Ministry of Transport and Equipment. The Recipient shall promptly disclose the updated ESCP. 5. The subsection on “Indicators for Implementation Readiness� below identifies the actions and measures to be monitored to assess Project readiness to begin implementation in accordance with this ESCP. Nevertheless, all actions and measures in this ESCP shall be implemented as set out in the “Timeframe� column below irrespective of whether they are listed in the referred subsection. 2 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY IMPLEMENTATION ARRANGEMENTS AND CAPACITY SUPPORT A ORGANIZATIONAL STRUCTURE a. Maintain the PCU and the positions as set out in the a. Maintain the Project Coordinating Unit (PCU) with qualified staff and resources to support Agreements, throughout Project management of environmental, social, health and safety (E&S) risks and impacts of the Project, implementation. including an environmental specialist, a social development specialist, a gender-based violence (GBV) specialist, and a security specialist. MTE, PCU b. Three months after the effective b. Enter into [collaboration] arrangements with [the Bureau National des Etudes et Evaluation date of the AF agreement and (BNEE)/Ministry of Environment, the Directorate for the Promotion of Women and the Protection thereafter maintain the of Children/Ministry of Health, the Inspectorate of Labor/Ministry of employment to manage E&S collaboration throughout Project risks and impacts of the Project. implementation. 3 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY B1 CAPACITY BUILDING PLAN Training on ESF, ESCP and SEP: within one month of the effective Prepare and implement the capacity building plan: date. • training for PCU staff, MTE E&S Team, stakeholders, and Project workers (e.g., contractors Training on other subjects: as soon and suppliers) on specify areas where training is needed, such as the following areas: as possible after the effective date and throughout project o Environmental and social assessment implementation ▪ The Bank's Environmental and Social Framework (ESF) ▪ Contents of the Environmental and Social Commitment Plan (ESCP) ▪ Contents of the Stakeholder Engagement Plan (SEP) ▪ The Environmental and Social Management Framework (ESMF) ▪ The Labor Management Procedure (LMP) ▪ Resettlement Policy Framework (RPF) o Raising awareness and training stakeholders on the Grievance Mechanism (GM) and GBV/SEA/SH and signing the Code of Conduct BNEE, MTE, PCU, Directorate of Women o RAP training for communal and traditional authorities and members of local Affairs, Inspectorate of resettlement committees Labor o ISO (14001 & 26000) quality standards training for the backup team o Emergency preparedness and response ▪ Procedures for recording and handling complaints, archiving ▪ Complaint resolution procedures ▪ Documentation and handling of complaints ▪ Use of the procedure by the various players ▪ Raising public awareness ▪ GBV/SEA/SH awareness, prevention and mitigation measures o Public health and safety. ▪ Training project workers in occupational health and safety, including emergency prevention, preparedness and response, as well as safety risks, sexually transmitted diseases (STDs) and human immunodeficiency virus /acquired immunodeficiency syndrome (HIV/AIDS). 4 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY B2 CAPACITY BUILDING MEASURES Prepare and implement the following capacity building measures: Training sessions will be organized for contractors, laborers and other employees working on project sites, civil servants, and inspectorate workers (e.g., environmental, social affairs, including BNEE), and GM committees who will be responsible for implementing the project in the field. In addition, awareness-raising and training programs will be organized on the following aspects: • Training project workers in occupational health and safety, including emergency prevention, Before civil works begins in road preparedness and response, as well as safety risks, STDs and HIV/AIDS. section to be financed with the AF, MTE, PCU • Health, safety and environment (HSE) regulations, then throughout project • Solid and liquid waste management implementation • Public safety and security • Personal protective equipment (PPE) • Risk management in the workplace • prevention of workplace accidents • STI/HIV/AIDS awareness campaigns • GBV/SEA/SH awareness, codes of conduct, GRMs, available SEA/SH services and other mitigation measures put in place by the project for both workers and the community MONITORING AND REPORTING C REGULAR REPORTING Submit quarterly reports to the Association throughout Project Prepare and submit to the Association regular monitoring reports on the environmental, social, implementation, commencing after health and safety (E&S) performance of the Project. The reports shall include: the Effective Date. Submit each report to the Association no later • Status of preparation and implementation of E&S documents required under the ESCP. than 15 days after the end of each reporting period. • Summary of stakeholder engagement activities carried out as per the Stakeholder Engagement Plan. MTE, PCU • Complaints submitted to the grievance mechanism(s), the grievance log, and progress made in resolving them. • E&S performance of contractors and subcontractors as reported through [monthly] contractors’ and supervision firms’ reports. • Number and status of resolution of incidents and accidents reported under action E below. 5 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY D CONTRACTORS AND SUPPLIERS’ MONTHLY REPORTS Submit the monthly reports to the Association upon request, as Require contractors and supervising firms to provide monthly monitoring reports on E&S annexes to the reports to be MTE, PCU, performance in accordance with the metrics specified in the respective bidding documents and submitted under action C above. contracts and submit such reports to the Association. E INCIDENTS AND ACCIDENTS Notify the Association no later than 48 hours after learning of the Notify the Association of any incident or accident relating to the project which has, or is likely to incident or accident. Provide have, a significant adverse effect on the environment, the affected communities, the public or available details upon request. workers, including those resulting in death or significant injury to workers or the public; acts of violence, discrimination or protest; unforeseen impacts to cultural heritage or biodiversity Provide review report and resources; pollution of the environment; forced or child labor; displacement without due process Corrective Action Plan to the (forced eviction); allegations of sexual exploitation or abuse (SEA), or sexual harassment (SH); or Association no later than 10 days MTE, PCU disease outbreaks. Provide available details of the incident or accident to the Association upon following the submission of the request. initial notice, unless a different timeframe is agreed to in writing by Arrange for an appropriate review of the incident or accident to establish its immediate, underlying the Association. and root causes. Prepare, agree with the Association, and implement a Corrective Action Plan that sets out the measures and actions to be taken to address the incident or accident and prevent its recurrence. F NOTIFICATIONS RELATING TO DAAB COMPLIANCE REVIEW OF CONTRACTOR COMPLIANCE WITH SEA/SH PREVENTION AND RESPONSE OBLIGATIONS No later than 7 days after the Notify the Association of any referral submitted to the Dispute Avoidance and Adjudication Board issuance or receipt, as applicable, (DAAB) to initiate a process of compliance review in relation to a contractor’s obligations to prevent of the relevant document (i.e., and respond to sexual exploitation and abuse (SEA), and/or sexual harassment (SH) specified in the referral to the DAAB, issuance of MTE, PCU respective works contract with such contractor; and, in the event of any such referral, notify the DAAB decision, Notice of Association of: (i) the DAAB’s decision on such referral; (ii) the contractor’s Notice of D issatisfaction, Dissatisfaction, notice of if any, with such DAAB decision; (iii) any notification received on the commencement of an commencement of emergency/full emergency arbitration proceeding or full arbitration proceeding in relation to the DAAB’s decision; arbitration, emergency/full and (iv) the resulting emergency arbitration order and/or full arbitration order, if any. arbitration order, as applicable). ESS 1: ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS 1.1 ENVIRONMENTAL AND SOCIAL ASSESSMENTS AND/OR PLANS MTE, PCU 6 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY 1. Revise, adopt, redisclose, and implement the Environmental and Social Impact Assessment (ESIA), 1.Revise, adopt and redisclose the and corresponding Environmental and Social Management Plan (ESMP) prepared for the Original ESIA/ESMP (which was developed Financing for the identified priority roads section to be rehabilitated by the Project including for the Original Financing and sections added under the AF, namely the Tanout - Tiguidit – Agadez road sections, consistent with disclosed on 28 October 2020) after the relevant ESSs. technical studies and prior to carrying out the relevant works 2. Update, adopt, redisclose and implement the Environmental and Social Management Framework identified in AF, and thereafter (ESMF) already prepared for the parent Project, consistent with the relevant ESSs. implement the ESIA and ESMP throughout Project 3. Prepare, adopt, disclose and implement the site-specific Environmental and Social Impact implementation. Assessment (ESIA) and Environmental and Social Management Plan (ESMP), as set out in the ESMF. The proposed activities described in the exclusion list set out in the ESMF shall be ineligible to 2.The ESMF prepared for the receive financing under the Project. Original Financing was revised, redisclosed and adopted on [10 February 2025] and shall be implemented throughout the Project implementation. 3. Prepare the site specific ESIA/ESMP and incorporate the site specific ESIA/ESMP as part of the respective bidding documents for the respective activity prior to the carrying out of activity that requires the preparation of such site specific ESIA/ESMP. Once finalized, implement the respective site specific ESIA/ESMP throughout Project implementation. 1.2 MANAGEMENT OF CONTRACTORS AND SUPPLIERS As part of the preparation of procurement documents and respective contracts. Supervise contractors throughout MTE, PCU Project implementation. Copies of relevant contracts provided to the Association upon request. 7 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY Incorporate the relevant aspects of the ESCP, including, inter alia, ESIA/ESMPs, Security Management Plan (SMP), the Labor Management Procedures, and code of conduct, into the E&S specifications of the procurement documents and contracts with contractors and supervising firms. Thereafter ensure that the contractors and supervising firms comply and that they require their subcontractors to comply with the E&S specifications of their respective contracts. Provide copies of the relevant contracts with contractors/subcontractors and supervision firms to the Association. 1.3 TECHNICAL ASSISTANCE Throughout Project implementation. Carry out the consultancies, studies (including feasibility studies), capacity building, training, and any other technical assistance activities under the Project, in accordance with terms of reference MTE, PCU acceptable to the Association, that are consistent with the ESSs. Thereafter prepare and finalize the outputs of such activities in compliance with the terms of reference. 1.4 CONTINGENT EMERGENCY RESPONSE FINANCING 1. The preparation of the [CERC- ESMF/ESMF Addendum] in form 1. Ensure that the CERC Manual includes a description of the E&S assessment and management and substance acceptable to the arrangements including, the CERC-ESMF/ESMF Addendum for the implementation of [name of Association is a withdrawal CERC component, in accordance with the ESSs]. condition under Section [XX] of Schedule 2 of the Legal Agreement. 2. Implement the E&S provisions of the CERC Manual including, if applicable, the CERC-ESMF/ESMF MTE, PCU Addendum, and any assessments and plans required therein. 2. In accordance with the timeframes specified in the CERC Manual, including, the CERC- ESMF/ESMF Addendum, and any assessments and plans required therein. ESS 2: LABOR AND WORKING CONDITIONS 2.1 LABOR MANAGEMENT PROCEDURES Update, adopt, redisclose and implement the standalone Labor Management Procedures (LMP) The LMP prepared for the Original prepared under the parent project. The LMP established for the Project, shall include, among Financing was revised, redisclosed others, provisions on working conditions, management of the employer-worker relationship, and adopted on [10 February 2025] occupational health and safety (including personal protective equipment and emergency and shall be implemented MTE, PCU preparedness and response), the code of conduct (particularly with regard to sexual exploitation throughout the Project and abuse, and sexual harassment), forced labor, child labor, the Project's worker complaint implementation. management mechanism, and requirements applicable to suppliers and contractors, subcontractors and the prime contractor. 8 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY 2.2 OCCUPATIONAL HEALTH AND SAFETY MANAGEMENT PLAN Prepare the OHS Management Plan as part of ESMP prior to the Prepare and implement an OHS Management Plan as part of ESMP to assess and manage the OHS beginning of the works, and risks and impacts of the Project. thereafter implement the plan throughout Project MTE, PCU AND implementation. Require contractors and subcontractors to prepare and implement OHS Management Measures or Plan in accordance with the World Bank Group's environmental health and safety guidelines (for construction activities) and industry guidelines for the extraction of building materials. 2.3 GRIEVANCE MECHANISM FOR PROJECT WORKERS Establish grievance mechanism prior to engaging Project workers Establish and operate a grievance mechanism for Project workers, as described in the LMP and and thereafter maintain and MTE, PCU consistent with ESS2. operate it throughout Project implementation. ESS 3: RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT 3.1 WASTE MANAGEMENT PLAN Adopt and implement the provisions included in the updated ESIA and the updated ESMF of the Throughout Project parent Project for addressing the risks and impacts related to management of hazardous and implementation hazardous waste, consistent with ESS3. Prior to the commencement of the relevant activity and thereafter MTE, PCU AND throughout Project implementation Ensure that project contractors, suppliers and service providers develop and implement site-specific waste management plans, for non-hazardous and hazardous waste, in accordance with ESSS 1 and ESS 3 3.2 RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT Same timeframe as for the MTE, PCU Incorporate resource efficiency and pollution prevention and management measures in the preparation and implementation of ESIA/ESMP to be prepared under action 1.1 above. the ESIA/ESMP. ESS 4: COMMUNITY HEALTH AND SAFETY 4.1 TRAFFIC AND ROAD SAFETY Same timeframe as for the Incorporate measures to manage traffic and road safety risks as required in the ESMP and ESIAs to preparation and implementation of MTE, PCU be prepared under action 1.1 above. the ESMP and ESIAs. 4.2 COMMUNITY HEALTH AND SAFETY Same timeframe as for the preparation and implementation of MTE, PCU the ESIA/ESMP. 9 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY Assess and manage specific risks and impacts to the community arising from Project activities, including, behavior of Project workers, risks of labor influx, response to emergency situations, and include mitigation measures in the ESIA/ESMPs to be prepared in accordance with the ESMF. 4.3 SEA AND SH RISKS Update, adopt and implement a SEA/SH Action Plan as part of the ESMF to assess and manage the The SEA/SH Action Plan prepared for risks of SEA and SH. the Original Financing was revised, redisclosed and adopted on [10 MTE, PCU February 2025] and shall be implemented throughout the Project implementation. 4.4 SECURITY MANAGEMENT Update the SRA and SMP and implement measures to manage the security risks of the Project, The Executive Summaries of SRA and including the risks of engaging security personnel to safeguard project workers, sites, assets, and SMP prepared for the Original activities, as set out in the updated Security Management Plan. Financing was revised, redisclosed and adopted on [10 February 2025] MTE, PCU and shall be implemented throughout the Project implementation. 4.5 INVOLVEMENT OF SECURITY AGENCIES, INCLUDING THE MILITARY Carry out a, b), c), and d) before deploying military personnel under Ensure the following measures are carried out before deploying the Recipient’s military personnel the Project and implement (Forces de Défense et de Sécurité - FDS) for the provision of security to Project workers, sites throughout Project and/or assets: implementation. a. Assess and implement measures to manage the security risks of engaging military personnel/FDS e) and f) as set out under actions as set out in the Security Management Plan, guided by the principles of proportionality and GIIP, 10.1 and 10.2 respectively. Notify and by applicable law, in relation to screening, hiring, rules of conduct, training, equipping, and the Association after receiving the monitoring of such military personnel; concern or grievance in the timeframe specified in action E b. Implement standards, protocols, and/or codes of conduct for the selection and assignment of above. military personnel/FDS to the Project, as set out in the SMP, including to verify that assigned individuals have not engaged in past unlawful or abusive behavior, including sexual exploitation and [g) within the timeframes requested abuse (SEA), sexual harassment (SH) or excessive use of force; by the [Association]]. 10 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY c. [Enter into a memorandum of understanding (MoU)] [to be signed between the Ministry of Defense and the Ministry of Transport and Equipment], setting out the arrangements for the engagement of the [FDS ] in the Project, including the relevant actions and measures set out in this ESCP;] d. Provide adequate instruction and training to the military personnel [or determine that they are properly trained], prior to deployment and on a regular basis, on the use of force and appropriate conduct (including in relation to civilian-military engagement, SEA and SH, and other relevant areas), as set out in the SMP; e. Ensure that the stakeholder engagement activities under the Stakeholder Engagement Plan (SEP) include communication on the involvement of military personnel in the Project; f. Ensure that any concerns or grievances regarding the conduct of military personnel are received, monitored, and documented (taking into account the need to protect confidentiality) by the Project’s grievance mechanism (see action 10.2 below), which shall facilitate its resolution, in accordance with ESS4 and ESS10. Notify the Association after receiving the concern or grievance, as set out under action [XX] above; ESS 5: LAND ACQUISITION, RESTRICTIONS ON LAND USE AND INVOLUNTARY RESETTLEMENT 5.1 RESETTLEMENT FRAMEWORK AND PLANS 1. Update, adopt, redisclose and implement a Resettlement Policy Framework (RPF) for the Project, 1.The RPF prepared for the Original consistent with ESS5 Financing was revised, redisclosed and adopted [10 February 2025] and 2. Prepare or update, adopt, disclose and implement a Resettlement Action Plan (RAP) for each shall be implemented throughout activity under the Project for which such RAP is required, as set out in the RPF and consistent with the Project implementation. ESS5. MTE, PCU 3. Update, adopt, redisclose and implement the Resettlement Action Plan (RAP) already prepared for the road section under the parent Project, consistent with the RPF guidelines and the ESS5. 11 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY 2. Prepare or update, adopt, disclose and implement the respective RAP prior to carrying out the relevant works, including ensuring that before taking possession of the land and related assets, full compensation has been provided and as applicable displaced people have been resettled and moving allowances have been provided. 3. Update, adopt and redisclose the RAP that has been developed for the Original Financing and disclosed on 22 January 2021 prior to carrying out the relevant works identified in AF, including ensuring that before taking possession of the land and related assets, full compensation has been provided and as applicable displaced people have been resettled and moving allowances have been provided. ESS 6: BIODIVERSITY CONSERVATION AND SUSTAINABLE MANAGEMENT OF LIVING NATURAL RESOURCES 6.1 BIODIVERSITY RISKS AND IMPACTS Identify and adopt the Biodiversity Identify and implement a Biodiversity Management measures as part of the ESMP, in accordance management measures prior to the with the guidelines of the ESIA prepared for the Project, and consistent with ESS6. start of activities likely to affect habitats in the project area, and thereafter implement the Biodiversity management measures MTE, PCU throughout Project implementation. Adopt the provisions included in the ESIA and the ESMF of the parent Project for addressing the risks and impacts related to management of biodiversity, and consistent with ESS6. 12 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY Continue to apply the provisions include in the updated ESIA and the ESMF of the parent Project for addressing the risks and impacts related to management of biodiversity, ESS 7: INDIGENOUS PEOPLES/SUB-SAHARAN AFRICAN HISTORICALLY UNDERSERVED TRADITIONAL LOCAL COMMUNITIES 7.1 Not currently relevant to the project. N/A N/A ESS 8: CULTURAL HERITAGE 8.1 CULTURAL HERITAGE RISKS AND IMPACTS Adopt the cultural Heritage measures prior to the start of the Adopt the provisions include in the ESIA and the ESMF of the parent Project for addressing the risks work, and thereafter implement MTE, PCU and impacts related to Cultural Heritage, and consistent with ESS8. the measures throughout Project implementation. 8.2 CHANCE FINDS Continue to apply the chance find Adopt and implement the chance finds procedures described as part of the ESMF for the parent procedures described in the ESMF Project. of the parent project, and MTE, PCU implement the procedures throughout Project implementation. ESS 9: FINANCIAL INTERMEDIARIES [This standard is only relevant for Projects involving Financial Intermediaries (FIs).] 9.1 Not relevant to the project. N/A N/A ESS 10: STAKEHOLDER ENGAGEMENT AND INFORMATION DISCLOSURE 10.1 STAKEHOLDER ENGAGEMENT PLAN Update, consult, adopt, redisclose and implement the Stakeholder Engagement Plan (SEP) that was The SEP prepared for the Original prepared for the Original Financing, consistent with ESS10, which shall include measures to, inter Financing was revised, redisclosed alia, provide stakeholders with timely, relevant, understandable and accessible information and and [10 February 2025] and shall be MTE, PCU consult with them in a culturally appropriate manner, which is free of manipulation, interference, implemented throughout the coercion, discrimination and intimidation. Project implementation. 10.2 PROJECT GRIEVANCE MECHANISM Maintain and operate the grievance Maintain, and operate an accessible grievance mechanism to receive and facilitate the resolution of mechanism throughout Project concerns and grievances in relation to the Project promptly and effectively, in a transparent manner implementation. MTE, PCU that is culturally appropriate and readily accessible to all Project-affected parties at no cost and without retribution, including concerns and grievances filed anonymously, in a manner consistent with ESS10. 13 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY The grievance mechanism shall be equipped to receive, register, and facilitate the resolution of SEA/SH complaints, including through the referral of survivors to relevant gender-based violence service providers, all in a safe, confidential, and survivor-centered manner. INDICATORS FOR IMPLEMENTATION READINESS (A) -Establishment of E&S risk management units in the Project Implementation Entities, (B1)- Memorandums of Understanding between the Project Implementation Unit and BNEE, Directorate of Women Affairs, and Inspectorate of Labor to ensure proper coordination of E&S risk management activities. , (1.1.3 - 2.2 - 3.1 - 4.1 - 4.2- 5.1.2 - 10.2)- ES assessments and plans to be prepared by the Recipient at the onset of implementation (C)- Preparation and regular submission of E&S implementation reports by the PCU. 14