KINGDOM OF CAMBODIA Nation − Religion − King MINISTRY OF EDUCATION, YOUTH AND SPORT SECOND HIGHER EDUCATION IMPROVEMENT PROJECT (HEIP2) ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) August 2, 2024 FINAL Table of Contents 1. Introduction............................................................................................................................ 1 2. Project Description ................................................................................................................. 1 3. Environmental and Social Policies, Regulations, and Laws ................................................ 6 4. Potential Environmental and Social Risk Impacts and Standard Mitigation Measures .. 11 5. Procedures and Implementation Arrangements ................................................................. 20 6. Stakeholder Engagement, Disclosure, and Consultations ................................................. 26 Annexes: ....................................................................................................................................... 27 Annex 1. Screening Form ............................................................................................................ 27 Annex 2. Environmental and Social Codes of Practice (ESCOP) ............................................. 31 Annex 3. Environmental and Social Management Plan (ESMP) Template ............................. 36 Annex 4. Simplified Labor Management Procedures ................................................................ 38 Annex 5. Chance Find Procedures ............................................................................................. 44 Annex 6. Fertilizer and Pest Management Plan ......................................................................... 45 List of Tables Table 1. Cambodia’s Relevant Legal Framework ..................................................................... 6 Table 2. Relevant World Bank’s ESS and Key Gaps with the National Framework ................ 8 Table 3. Environmental and Social Risks and Mitigation Measures of Civil Works .............. 12 Table 4. Project Cycle and E&S Management Procedures for rehabilitation/construction activities ................................................................................................................................... 20 Table 5. Exclusion List ............................................................................................................ 21 Table 6. Implementation Arrangements .................................................................................. 24 Table 7. Proposed Training and Capacity Building Approach ................................................ 25 Table 8. ESMF Implementation Budget .................................................................................. 26 i Second Higher Education Improvement Project - ESMF Abbreviations and Acronyms AP Affected People DGHE Directorate General of Higher Education CERC Contingent Emergency Response Component EIA Environmental Impact Assessment ESCOP Environmental and Social Code of Practice ESCP Environment and Social Commitment Plan ESF Environment and Social Framework ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plan ESIA Environmental and Social Impact Assessment ESS Environment and Social Standard E&S Environmental and Social FPIC Free Prior and Informed Consent GBV Gender-Based Violence GEIP General Education Improvement Project GRM Grievance Redress Mechanism HEI Higher Education Institution HEIP Higher Education Improvement Project HERF Higher Education Research Fund HIV/AIDS Human Immunodeficiency Virus / Acquired Immune Deficiency Syndrome IDA International Development Association IP Indigenous Peoples IPF Investment Project Financing LMP Labor Management Procedure MEF Ministry of Economy and Finance MoE Ministry of Environment MoEYS Ministry of Education, Youth and Sport OHS Occupational Health and Safety PAD Project Appraisal Document PMC Project Management Committee PMT Project Management Team RGC Royal Government of Cambodia SEA Sexual Exploitation and Abuse SEP Stakeholder Engagement Plan SEIP Secondary Education Improvement Project SMC School Management Committee STDs Sexually Transmitted Diseases UXO Unexploded Ordinance VAC Violence Against Children WB World Bank ii Executive Summary The World Bank will be supporting the MoEYS in implementing the Second Higher Education Improvement Project (HEIP2). The proposed project aims to enhance Cambodia’s competitiveness by increasing the relevance and quality of higher education provision in line with industrial needs. The proposed project aims to enhance Cambodia’s competitiveness by improving the quality of higher education and research in line with industrial needs. It builds on the progress and lessons from an ongoing higher education improvement project (HEIP). The project will comprise three main components. Component 1: Improving quality and relevance of academic programs and research The component aims to enhance the quality and relevance of higher education and research at the targeted HEIs in the fields of STEM, and potentially other complementary fields which are deemed necessary for the country’s development. The proposed sub-components are: 1.1: Improving quality and relevance of academic programs; 1.2: Improving quality and relevance of research; and 1.3: Strengthening institutional governance. Component 2: Strengthening higher education sectoral governance and research capacity This component aims to strengthen the system of higher education sector by improving sectoral governance, research management and development, and project management. The proposed sub- components are: 2.1: Strengthening higher education sectoral governance, 2.2: Building research management capacity, 2.3: Strengthening project management. This component will be managed by DGHE and central departments at MoEYS. Component 3: Contingent Emergency Response (CERC) The CERC with zero allocation will provide swift response in the event of an Eligible Crisis or Emergency, by enabling RGC to request the World Bank to re-allocate uncommitted project funds to support emergency response and reconstruction. The project environmental risks and impacts are mainly related to the investment activities under component 1 and component 2 which will help improve the infrastructure necessary for innovative teaching and learning approaches, rehabilitate, and construct classrooms and laboratories to increase enrollment in prioritized programs. The MoEYS will coordinate project activities, including day-to-day implementation, coordination, supervision, and overall management of project activities. The project will support nine selected public HEIs and relevant departments in MoEYS. The public HEIs include five within Phnom Penh—Institute of Technology of Cambodia (ITC), Royal University of Agriculture (RUA), Royal University of Phnom Penh (RUPP), Prek Leap National Institute of Agriculture (PLNIA), Royal University of Fine Arts (RUFA)—and four in provinces—Svay Rieng University (SRU), National University of Battambang (NUBB), National University of Cheasim Kamchaymear (NUCK), and University of Heng Samrin Thbongkhmum (UHST). The rationales behind the selection are: (1) ITC, RUA, RUPP PLNIA are sector leading universities in STEM and agriculture, with a combined enrollment of 43% in STEM and agricultural subjects in 2022; (2) SRU, NUBB, NUCK, and UHST) are key provincial institutions to expand access to students and contribute to the regional economic growth for supplying skilled workforce and conducting research to meet the local industry needs; (3) and RUFA is a leading university to supply graduates in archaeology for conserving and preserving the country’s historical sites and artifacts and in architecture and urbanism for designing sustainable and climate resilient infrastructure and urban spaces. iii Second Higher Education Improvement Project - ESMF This Environmental and Social Management Framework (ESMF) has been prepared to identify the potential environmental and social risks and impacts of proposed Project activities and propose suitable mitigation measures to manage these risks and impacts. It maps out the Cambodia’s laws and regulations and the World Bank’s policies applicable to the Project, and describes the principles, approaches, implementation arrangements, and environmental and social mitigation measures to be followed. The potential environmental and social risks for project activities are identified as: • Traffic disturbance and road safety risks due to transportation of materials to construction sites; • Dust generation from vehicles; • Wastewater management at sites to be discharged from new building construction; • Construction activities that cause occupational health and safety risks to communities/households nearby, construction workers and also to staff and students in the universities; • Noise and vibration from machineries and machinery movement causing safety risks; • Removal of Unexploded Ordnances (UXO) during the construction period; • Disposal of construction related wastes; • Domestic solid wastes and wastewater from the daily operation of the institutions and schools; • Hazardous and non-hazardous waste generated during laboratory operation; • Safety risk for the teachers and students during class hours in the laboratories; • Occupational Health and Safety (OHS) risks for workers, in particular lack of wearing appropriate PPE and risks of working at heights; • Inefficient practices of resource use including water and electricity; • Small-scale labor influx during civil works; • Low Risk of Sexual Exploitation and Abuse (SEA) from the construction activities and the risks from operations including Sexual Harassment (SH) and Gender Based Violence (GBV), both during construction and operations of supported HEI facilities (classrooms and laboratories etc.); • Minor concerns of engaging child or forced labor, both for contractors and the supply chain; • Potential disruptions to lessons and/or temporary access restrictions to classrooms or other facilities if civil works takes place during the school year; and • Discrimination and exclusion of disadvantaged/vulnerable groups, including Indigenous peoples, the poor, and peoples with disabilities in all project activities. • With the grant to private HEIs, there may be some risks related to technical assistance, data privacy, lack of transparency and inclusivity The MoEYS and PMT will adopt a mitigation hierarchy to the design of the selected universities which will: a) Anticipate and avoid risks and impacts; b) Where avoidance is not possible, minimize or reduce risks and impacts to acceptable levels; c) Once risks and impacts have been minimized or reduced, mitigate, and d) Where significant residual impacts remain, compensate for or offset them, where technically and financially feasible. Implementation Arrangements. The Project Management Team (PMT) led by a Secretary of State or Undersecretary of State and consisting of Directors Generals and directors of multi departments of the MoEYS, provide support to the Project Management Committee (PMC) and bears a central role in project implementation. The implementation arrangements have been designed to ensure that overall education policy direction is analyzed from a variety of angles and policy decisions are iv Second Higher Education Improvement Project - ESMF followed into implementation through the overall coordination of the Director General. It is also envisaged that the PMC will be embedded within the Ministry’s overall strategic program and budget as well as within the context of overall government planning. The project implementation will be carried out by existing MoEYS departments includes General Department of Higher Education, Department of Construction, Department of Finance, and Procurement Unit in order to build long term systematic capacity and ensure sustainability. The implementation by departments will be closely monitored by the PMT. The Construction Department will coordinate several construction engineer consultants, regional engineers as well as local engineer consultants responsible for supervising civil works. MoEYS has established a new office (Environmental and Social Safeguards Office), under the Department of State Assets and Construction, under the newly approved structure of MoEYS and will oversee all MoEYS projects. This Environmental and Social Safeguards Office will support the project’s Environment and Safeguard Unit (ESU) that will manage the project’s E&S impacts. The ESU will be responsible for ensuring proper environmental and social and management of all project activities, conduct environmental and social supervision by carrying out document reviews, site visits and interviews with the contractor, construction supervisors, workers, provincial level government staff, local authorities and local communities. The ESU with the support from the in-house E&S supervision consultant will provide regular training to all parties responsible for implementing the ESMF, including contractors. The total estimated budget proposed for ESMF implementation is US$ 176,000.00. Monitoring. During the project implementation, the ESU will conduct internal monitoring activities on a monthly basis on contractor’s performance to determine how mitigation measures are being implemented and the extent of their effectiveness. With the support from the E&S supervision consultant, the ESU will prepare the monthly monitoring report and submit to the World Bank for review. The ESU will be assisted by the PMT in this process. A separate Stakeholder Engagement Plan (SEP) has been prepared for the Project, based on the World Bank’s Environmental and Social Standard 10 on Stakeholder Engagement. The SEP can be found here: https://moeys.gov.kh/. v 1. Introduction This Environmental and Social Management Framework (ESMF) is developed to support the environmental and social due diligence provisions for activities financed by the World Bank in the Second Higher Education Improvement Project 2 (HEIP2) (P180664). The project will improve quality and relevance of higher education and research mainly in Science, Technology, Engineering and Mathematics (STEM) at targeted higher education institutions (HEIs), and to provide immediate and effective response in case of an Eligible Crisis or Emergency. The aim of the project is to enhance Cambodia’s competitiveness by increasing the quality of higher education provision and research in line with industrial needs. The proposed project will target two priority areas: 1) to improve the teaching, learning, and research in the fields of STEM in HEIs that are connected to industries prioritized in the IDP and 2) to strengthen the higher education sectoral governance. The Ministry of Education, Youth, and Sport (MoEYS) will be implementing the Project activities. This ESMF follows the World Bank Environmental and Social Framework (ESF) as well as the national laws and regulations of the Royal Government of Cambodia (RGC). The objective of the ESMF is to assess and mitigate potential negative environmental and social risks and impacts of the Project consistent with the Environmental and Social Standards (ESSs) of the World Bank ESF and national requirements. More specifically, the ESMF aims to (a) assess the potential environmental and social risks and impacts of the proposed Project and propose mitigation measures; (b) establish procedures for the environmental and social screening, review, approval, and implementation of activities; (c) specify appropriate roles and responsibilities, and outline the necessary reporting procedures, for managing and monitoring environmental and social issues related to the activities; (d) identify the staffing requirements, as well as the training and capacity building needed to successfully implement the provisions of the ESMF; (e) address mechanisms for public consultation and disclosure of project documents as well as redress of possible grievances; and (f) establish the budget requirements for implementation of the ESMF. This ESMF should be read together with other plans prepared for the project, including the Stakeholder Engagement Plan (SEP) and the Environmental and Social Commitment Plan (ESCP). 2. Project Description The project will support nine selected public HEIs and relevant departments in MoEYS. The public HEIs include five within Phnom Penh—Institute of Technology of Cambodia (ITC), Royal University of Agriculture (RUA), Royal University of Phnom Penh (RUPP), Prek Leap National Institute of Agriculture (PLNIA), Royal University of Fine Arts (RUFA)—and four in provinces—Svay Rieng University (SRU), National University of Battambang (NUBB), National University of Cheasim Kamchaymear (NUCK), and University of Heng Samrin Thbongkhmum (UHST). The rationales behind the selection are: (1) ITC, RUA, RUPP PLNIA are sector leading universities in STEM, with a combined enrollment of 43% in STEM subjects in 2022; (2) SRU, NUBB, NUCK, and UHST) are key provincial institutions to expand access to students and contribute to the regional economic growth for supplying skilled workforce and conducting research to meet the local industry needs; (3) and RUFA is a leading university to supply graduates in archaeology for conserving and preserving the country’s historical sites and artifacts and in architecture and urbanism for designing sustainable and climate resilient infrastructure and urban spaces. The proposed project aims to enhance Cambodia’s competitiveness by increasing the quality of higher education provision and research in line with industrial needs. It builds on the progress and lessons from an ongoing higher education improvement project (HEIP). The proposed project will 1 Second Higher Education Improvement Project - ESMF comprise three components: (1) Improving quality, relevance of academic programs; (2) strengthening sectoral governance for higher education and research; and (3) providing contingent emergency response component (CERC). Component 1: Improving quality and relevance of academic programs and research The component aims to enhance the quality and relevance of higher education and research at the targeted HEIs in the fields of STEM, and potentially other complementary fields which are deemed necessary for the country’s development.1 The proposed sub-components are: 1.1: Improving quality and relevance of academic programs; 1.2: Improving quality and relevance of research; and 1.3: Strengthening institutional governance. Sub-component 1.1: Improving quality and relevance of academic programs This sub-component builds upon HEIP's curriculum modernization efforts by introducing a new aim to improve the quality and relevance of potential undergraduate and graduate academic programs in STEM and other related fields to meet national and regional standards. The core activities include the following: Curriculum development. This sub-component will further update curricular to be in line with the outcome-based education (OBE)2 framework and continue to strengthen industrial connection through consultations, potentially co-development of certain curriculum modules, arrangement of guest lecturers from industry, and internships. Such activities aim to foster students’ employability and 21st-century skills to meet market demands. This sub-component also encourages the curricular update to include content on climate change and disaster resilience to align with the Cambodia’s climate commitments and strategies. This sub-component will also provide technical support to potential programs to prepare for meeting national or regional standards, a crucial new step to ensure quality recognition. It will introduce support for the development of short (online) non- degree programs to offer greater flexibility for skill-focused learning to students seeking to advance their careers without the time commitment required for traditional degree programs, representing a novel activity for addressing the immediate needs of the market. Additionally, it will also introduce technical assistance for the development of online degree programs to expand access in targeted HEIs. This new initiative builds on the foundation of the Cambodia Cyber University Network (CCUN) by (i) conducting a feasibility study for the implementation of online degree programs, and (ii) designing the structure of these programs to meet national educational standards and effectively serve student needs. Capacity development. This sub-component will continue to strengthen the capacity of education delivery by (i) upgrading lecturers’ professional qualifications to increase the number of Master and PhD holders; (ii) enhancing instructional expertise in line with updated curriculums and improved facilities; (iii) improving graduate student supervision skills, which is instrumental for graduate programs; and (iv) upgrading librarians' skills for managing expanded and modernized physical and digital libraries. This capacity building will be done through degree programs, short courses, and faculty exchange. This sub-component will also introduce mentoring support by high-capacity targeted HEIs to those with lower capacity in two forms of partnership programs: a) academic program teams with successful record in implementing the OBE curriculum framework or meeting national or regional standards will extend their support to other teams within the institution to 1 However, these fields are not the main priorities and subject to further discussion and evaluation for possible inclusion. 2 OBE is a theory that emphasizes achieving specific learning outcomes. It aligns curriculum, teaching methods, assessments, and resources to ensure students acquire the defined knowledge, skills, and attitudes by the end of their program. 2 Second Higher Education Improvement Project - ESMF implement the OBE or obtain similar standards and b) the high-performing HEIs will offer support to other targeted HEIs in strengthening their academic programs. In the field of engineering, for example, this will be achieved by offering mentorship and opportunities for advance degree programs through the creation of the Cambodia Engineering Education Development Network (CEED-Net)3. Infrastructure improvement. This sub-component is an extension of efforts under the HEIP, focusing on modernization and expansion of laboratories, both physical and digital libraries, and infrastructure necessary to compliment the updated curriculums and help HEIs obtain national or regional academic program accreditations. It will also construct additional classrooms, laboratories, and necessary offices to cater to the high demand for programs identified under the HEIP. It will also encourage adoption of climate resilient design measure and universal design principles to the extent possible. The improvement of educational facilities will narrow the gap in equitable access to quality higher education and research between urban and provincial HEIs. It will also expand access to quality education programs at targeted public HEIs. Sub-component 1.2: Improving quality and relevance of research This sub-component builds on the success of HEIP, aiming to improve the quality and relevance of STEM research at the targeted HEIs, by introducing a strategic shift from knowledge production towards the utilization of research results by industry or government agencies. It underscores the importance of applied research in strengthening industrial ties and centers on the development, transfer, and commercialization of technology and research that drive the national policy development. Key activities are two-fold. First, this sub-component will extend its support to selected research projects under HEIP, with the goal of refining the results for effective technology transfer and securing standard certifications for primary laboratories4. Second, it will support the research teams to develop and implement new research projects, building on the results of research project under HEIP, in collaboration with industrial partners or government agencies to ensure the utility application of research results. This could also encourage research projects focused on developing climate-resilient agricultural practices, enhancing disaster preparedness, and promoting sustainable technologies. These research projects are expected to contribute by generating valuable data and insights that inform effective strategies and practices for climate adaptation and mitigation. These new research projects to be supported by this sub-component will be selected and approved by a research committee established by HEIP2. Additionally, it will support research teams to pursue advance degrees to ensure research sustainability. It will also launch new initiatives by providing technical support to strengthen research funding rules and introduce a performance- based system to enhance researchers’ working conditions to reduce teaching. Sub-component 1.3: Strengthening institutional governance This sub-component builds upon the foundational work of HEIP by continuing to improve the institutional governance capacity of the targeted HEIs to implement their long-term strategic plans to increase the quality and relevance of teaching, research and services. It maintains the focus on strengthening data management, internal quality assurance (IQA), tracer studies, student 3 CEED-Net will be designed as a platform that promotes the advancement of human resources in the engineering sector throughout Cambodia and fosters a strong network of academic collaboration among national and regional HEIs. 4 By pursuing standard certifications for their labs, research teams could affirm the quality and safety of their research facilities, foster local and international trust to attract private partnerships and funding and enhance the marketability of research innovations. 3 Second Higher Education Improvement Project - ESMF grievances, research management, human resources management, and financial management. Through these activities, HEIs are expected to improve institutional capacity in line with national institutional governance standards. This sub-component will also introduce the implementation of a performance-based management system at the targeted HEIs. As a new initiative, this system will be designed to offer appropriate incentives to attract and retain talented faculty and staff, promote accountability within the HEIs, and foster continuous professional development, using annual result agreements with measurable key performance indicators. Component 2: Strengthening higher education sectoral governance and research capacity This component aims to strengthen the system of higher education sector by improving sectoral governance, research management and development, and project management. The proposed sub- components are: 2.1: Strengthening higher education sectoral governance, 2.2: Building research management capacity, 2.3: Strengthening project management. This component will be managed by DGHE and central departments at MoEYS. Sub-component 2.1: Strengthening higher education sectoral governance This sub-component aims to advance DGHE’s effort in strengthening higher education sectoral governance. It will continue supporting DGHE to strengthen the implementation of the IQA system, tracer studies, data management, and student grievances, initiated under HEIP, and expand it to more public and private HEIs. The expanded implementation of the IQA system also includes a new focus on achieving national and regional quality recognition in collaboration with the ASEAN University Network-Quality Assurance (AUN-QA) and other agencies. Additionally, this sub- component also aims to assist DGHE in launching new initiatives, including: 1. supporting HEIs to implement an OBE curriculum framework to address the need for standardization, as previous curricular revisions, especially supported by the HEIP did not adhere to specific standards; 2. conducting strategic research on the higher education sub-sector (e.g., SABER for tertiary education) to generate data and insight that can inform and shape for policymaking; and 3. developing a comprehensive regulatory framework to govern online education to guide the implementation of both non-degree and degree online programs, ensuring they meet quality standards and are delivered effectively. Sub-component 2.2: Building research management capacity This sub-component aims to support DGHE to institutionalize a system-wide competitive research fund, the Higher Education Research Fund (HERF), building on the experience of research fund management under HEIP and HEQCIP. HERF is intended to support HEIs to build institutional research capacity, contribute to knowledge building and transfer, nurture young researchers to pursue their research interest, and support graduate students to obtain advance degrees. Specifically, this sub-component aims to support DGHE to manage and award the HERF to HEIs, through transparent and competitive selection process, to conduct research mainly in STEM and other relevant fields, including climate change and disaster resilience. To ensure sustainability of the program, Inter-Ministerial Prakas will be processed for approval, and the research fund will be financed jointly by the project fund and government’s research fund. This sub-component also aims to provide technical assistance to DGHE to: (i) institutionalize necessary regulatory frameworks (e.g., research management and commercialization of research, and research procedures and financing rules) to build research and development ecosystem to attract and retain researchers in higher education; (ii) attract funding from the private and public institutions to increase the annual 4 Second Higher Education Improvement Project - ESMF amounts of HERF; and (iii) implement the database system of researcher profiles and laboratory facilities5. Sub-component 2.3: Strengthening project management This sub-component will support day-to-day coordination, and management of project activities on planning and execution, FM, procurement, construction, supervision and reporting, internal and external audits, and environmental and social safeguards management. A key focus will be on enhancing the Monitoring and Evaluation (M&E) systems to ensure that DGHE and targeted HEIs can effectively track progress, measure outcomes, and assess the impact of the project activities. This will involve the development of clear roles and responsibility among DGHE and the targeted HEIs to ensure a collaborative approach to data oversight, the establishment of thorough data collection strategies and systematic data storage, and the provision of training for M&E staff. These activities will ensure efficient project management and early identification of corrective measures to solve implementation problems. Component 3: Contingent Emergency Response (CERC) The CERC with zero allocation will provide swift response in the event of an Eligible Crisis or Emergency, by enabling RGC to request the World Bank to re-allocate uncommitted project funds to support emergency response and reconstruction6. The project environmental risks and impacts are mainly related to the investment activities under component 1.2 which will help improve the infrastructure necessary for innovative teaching and learning, rehabilitate, and construct classrooms and laboratories to increase enrollment in prioritized programs. The MoEYS will coordinate project activities, including day-to-day implementation, coordination, supervision, and overall management of project activities. 5 Research profile database will include information about researchers such as their status, areas of expertise, publications, funding sources, and other relevant detail, while the laboratory facility database will include details about laboratory facilities, such as their names, obtained standards/certification, areas of research they specialize in, experiments they can conduct, and other pertinent information. The purpose is to establish a comprehensive database that aids in recognizing research strengths and opportunities for investment within the country. 6 An "Eligible Crisis or Emergency" refers to an event that has resulted in or is likely to result in a significant negative impact on the economy and/or society due to natural or man-made crises or disasters (based on Paragraph 12 of the Bank Policy: Investment Project Financing, which pertains to Projects in Situations of Urgent Need of Assistance or Capacity Constraints). It may include extreme climate event (e.g., flood), nature disasters (e.g., earthquake), public health emergency (e.g., COVID-19), and any natural disaster or man-made crisis. 5 Second Higher Education Improvement Project - ESMF 3. Environmental and Social Policies, Regulations, and Laws 3.1 Cambodia’s Legal Framework The national laws and regulations that are relevant and directly applicable to the environmental and social risks and impacts of subproject activities are listed in Table 1. Table 1. Cambodia’s Relevant Legal Framework Law Description and Relevance to Project Activities Labor Law The law prohibits discrimination in any form, including by sex, religion, social origin, or (1997) ethnicity (art 12). Article 106 reaffirms equal conditions and wage for all work regardless of origin, age and sex for the same types of work. The Law establishes the limit for working hours to 8 hours per day and 48 hours per week as well as rates for working overtime and on public holidays. The allowable minimum age for wage employment is set at 15 years (art 177). Children from 12-15 years of age can be hired to do light work (see Section 2.24) provided that (a) the work is not hazardous to their health or mental and physical development, and (b) the work will not affect their regular school attendance, their participation in guidance programmes or vocational training approved by a competent authority. The Law recognises statutory maternity leave on half wages (art 183), and for the performance of light duties for a further two months. Employers are prohibited from laying off women during their maternity leave (art 182). Chapter eight of the Labor Law covers the health and safety of workers and requires maintaining standards of hygiene and sanitation in working environments and requirements for individual protective instrument and work clothes, lighting and noise levels (art.229). Machinery, mechanisms, transmission apparatus, tools, equipment and machines must be installed and maintained in the best possible safety conditions. All enterprises and establishments covered by this Law and employing at more than fifty workers must have a permanent infirmary on the premises/workshop/ or work sites (art.242). Workplaces/ sites with more than 200 workers must have areas for hospitalising injured or sick workers before transferring to a health facility and must be able to handle two per cent of the workers at the site. The Law requires that every manager of a workplace shall have someone take all appropriate measures to prevent work related accidents (art. 248). The Law also mandates that a general insurance system obligatory for workers shall be set up and this system shall be managed under the insurance of the National Social Security Fund (art. 256). Law on The goal of the Law on the Protection and Promotion of the Rights of Persons with Protection and Disabilities 2009 is to protect and promote the rights of persons with disabilities in the Promotion of country, and prevent, reduce and eliminate discrimination against persons with Rights of disabilities. The law also seeks to ensure that persons with disabilities are able to Persons with participate fully and equally in activities within society and provide equal opportunities Disabilities for employment. (2009) National Policy Sets out government policies related to indigenous peoples concerning culture, on education, vocational training, health, environment, land, agriculture, water resources, Development infrastructure, justice, tourism, industry and mines and energy. The Policy provides of Indigenous principles for formal registration of indigenous communities as legal entities with their Peoples (2009) own bylaws and enables their participation in economic development that affects their lives and cultures, including in the education realm. Law on Road The Law on Road Traffic (2015) is intended to ensure road traffic safety and order, and Traffic (2015) protection of human and animal health and lives, properties and environment. 6 Second Higher Education Improvement Project - ESMF Law Description and Relevance to Project Activities Sub-Decree on The Sub-Decree on Water Pollution Control #27 ANRK.BK (1999) regulates water Water Pollution pollution control measures in order to prevent and reduce the water pollution of the Control (1999) public water areas. As a minimum, all discharges of liquid wastes from construction camps, work sites or operations, to streams or water courses should conform to standards listed in the annexes. Also see Sub-Decree on Solid Waste Management, which give details of classifications of what are defined as hazardous wastes and substances. Any hazardous wastes and substances must be stored correctly and only disposed in a manner approved by MOE. Sub-Decree on The Sub-Decree on the Control of Air Pollution and Noise Disturbance, #42 ANK/BK Control of Air (2000) outlines the measures for protecting environment quality and public health from Pollution and air pollutants and noise disturbance through monitoring, curbing and mitigating Noise activities. It lists air quality standards and noise emission levels. For dust control, there Disturbance should no visible emissions from stockpiles of materials, crushers or batching plants. All (2000) vehicles should be well maintained and comply with the air quality regulations. The noise regulations do not stipulate a level of noise from construction sites but refer to mixed commercial and/or industrial and residential property or type of land use in the immediate vicinity that maybe affected by noise at 45 dB(A) from 16:00 to 18:00, 40 dB(A) at 18:00 to 22:00, and 45 dB(A) at 22:00 to 06:00. Sub-Decree on Under Article 7 of the Sub-Decree on Solid Waste Management, “the disposal of waste in Solid Waste public sites or anywhere that is not allowed by authorities shall be strictly prohibited� 7. Management (2009) 3.2 National Environmental and Social Assessment and Permitting The Prakas No.021 BRK, dated on 03 February 2020 on the Categorization of Environmental Impact Assessment for Development Project8 also listed for building construction project with the total floor area equal or in between 3,000 square meters to 15,000 square meters required for Environmental and Social Management Plan (ESMP) as the impact is considered minimum, site specific and manageable through applying good construction practices and the mitigation measures. It is not required for either Initial Environmental and Social Management Plan (IESIA) or Environmental and Social Impact Assessment (ESIA). In the building construction project, IESIA is required for project with total floor area larger than 15,000 square meters but smaller than 45,000 square meters while ESIA is required for project with total floor area larger than 45,000 square meters. The guidance for preparing IESIA/ESIA report is provided in the Prakas on General Guideline for Preparing IESIA and ESIA, 2009 N. 376 BRK.BST. The Ministry of Environment (MOE) through the Department of Environmental Impact Assessment is the agency responsible for EIA. The Guidelines also list the specific content required in EIA reports, including: (i) introduction (ii) legal framework, (iii) project description, (iv) description of the baseline environment, (v) public participation/stakeholder engagement, (vi) assessment of impacts and 7While the Sub-Decree on Waste Management has no quantitative parameters, sensible practice is expected. Such practices would include (i) all general waste and food waste should be removed to a government approved landfill; (ii) all demolition waste must be removed to a government-approved location; (iii) all waste oil and grease should be disposed by a registered sub-contractor; (iv) the final destination of the oily wastes should be established. 7 Second Higher Education Improvement Project - ESMF mitigation measures, (vii) environmental management plan, (viii) economic assessment and valuation of environmental damages and losses, (ix) conclusion and recommendations. 3.3 World Bank Standards and Key Gaps with the National Framework The project will follow the World Bank’s Environmental and Social Standards (ESSs), as well as the World Bank Group’s Environmental, Health and Safety Guidelines. Based on these policies, the environmental and social risk of the project is categorized as moderate. The project environmental risks and impacts are mainly related to the investment activities under component 1 and component 2 which will help improve the infrastructure necessary for innovative teaching and learning, rehabilitate, and construct classrooms and laboratories to increase enrollment in prioritized programs. Given that the project construction activities will be implemented within the campus of existing institutions, small to moderate rehabilitation/construction activities, and the associated low to moderate magnitude of the environmental impacts are likely. These constructions related risks and impacts are site-specific, temporary and manageable. The environmental risks and impacts from the operation of laboratories can be managed through standard protocols. Hence the project’s environmental risk is identified as moderate. All construction is expected to take place in existing institutions and thus land acquisition will not be required. Main project social risks are expected to include: a) Occupational Health and Safety (OHS) risks for workers, in particular lack of wearing appropriate PPE and risks of working at heights; b) small-scale labor influx during civil works; c) low risk of Sexual Exploitation and Abuse (SEA), Sexual Harassment (SH) and Gender-Based Violence (GBV), both during construction and operations of supported HEI facilities (i.etraining); d) minor concerns of engaging child or forced labor, both for contractors and the supply chain, though these are unlikely based on experiences of other similar projects; e) potential disruptions to learning and/or temporary access restrictions to classrooms or other facilities if civil works takes place during the school year. In addition, there could be a risk of: f) discrimination and exclusion of disadvantaged/ vulnerable groups, including Indigenous peoples, the poor and peoples with disabilities in all project activities. The World Bank’s environmental and social standards applicable to the project activities are summarized below: Table 2. Relevant World Bank’s ESS and Key Gaps with the National Framework E&S Standard Relevance ESS1: ESS1 is relevant for the project because the project activities are expected to pose Assessment and moderate environmental and social risks such as noise, dust, construction waste, Management of Occupational Health and Safety (OHS), storage or stockpile of construction materials, Environmental possible cutting or trimming of trees/branches, clearance of vegetation for construction and Social Risks camps and construction buildings, small amount of soil movement and backfilling works, and Impacts and the potential UXO to be certified/cleared prior to starting construction. The MoEYS’s university standard design and technical specification for new buildings and accommodation, which is disability friendly and include universal access, will be applied for HEIP2. The project is being designed through a consultative process, including the determination of the HEIs and the design aspects. With the grant to private HEIs, there may be some risks related to technical assistance, data privacy, lack of transparency and inclusivity. The project will ensure the data privacy and the safety of handling data collection by the project. The technical assistant (TA) activities are to be carried out in accordance with the terms of reference acceptable to the Bank, which are consistent with the ESSs. The ToRs for TA activities are to be reviewed by the Bank and achieve No Objection and ensure that the outputs of such activities comply with the terms of 8 Second Higher Education Improvement Project - ESMF E&S Standard Relevance reference. Some OHS risks and impacts for construction workers could include risk of poor sanitation at worker campsites. From subcomponent 1.2, there are some risks related to operation of laboratories e.g., wastewater generation and management that need to meet national standard requirements before discharging to public drainage. In addition to the pollution issue, operation of laboratories could also lead to the OHS risks on the users such as students and teachers if the proposed laboratories involve utilizing of chemicals and other hazardous materials and equipment. ESS2. Labor and ESS2 is relevant. This ESMF includes a LMP to address national Labor Law with the ESS2, Working including a minimum age requirement of 18 years old for all project workers. The LMP Conditions will need to be an integral part of the bidding documents and construction contracts. Most activities supported by the project will be conducted by MoEYS workers, i.e., civil servants employed by the Government of Cambodia, as well as professional consultants working for MoEYS and HEI staff. However, some contracted and subcontracted workers are also expected to be hired for the civil works subcomponents and there may be some primary supply workers (such as suppliers of construction equipment). The main risks relating to labor and working conditions for construction activities under the project are: i) unequal payment for the same job for female and male workers; ii) discrimination of women and/or vulnerable; iii) payment for unskilled workers below the minimum wage; iv) inadequate working facilities for workers, in particular lack of sanitation facilities for women; v) risks of child labor or indentured labor, especially in the supply chain. The LMP also covers the rights of direct workers for the project, which would include those persons hired directly by the MoEYS, for whatever length of time, and for which the project has specific control over the work, working conditions, and treatment of the workers. These would include consultants hired to work for the project and persons engaged to conduct monitoring and evaluation. ESS3: Resource ESS3 is relevant. The project (especially the proposed civil works under the Efficiency and subcomponent 1.2 will generate pollution to air, water, or land. But they will be minor, Pollution temporary and reversible. It will not involve activities or impacts that would consume Prevention and finite resources that may threaten people, ecosystem services and the environment even Management at the local level. The civil work activities will generate minor quantities of solid waste, which will be managed by the good waste management practices embedded in the ESCOP (Annex 2), and municipal waste that will be covered by relevant national regulations on solid waste management during the operational stage. Requirements for solid (and wastewater) management will be spelled out in the ESCP and the ESCOP of this ESMF. With regards to the risks from the removal/use of asbestos materials, the Bank’s practice note (2009) will be applied. ESS4: Community ESS4 is relevant. The Community Health and Safety issues related to construction Health and activities are expected to include occupational health and safety at construction sites, Safety potential Gender-Based Violence (GBV) and Violence Against Children (VAC) as a result of labor influx, higher incidence of HIV/AIDs due to a market for sex workers to service construction workers, transmission of communicable diseases, labor rights and child labor. Specific provisions to prevent SEA/SH as well as to protect the health and safety of workers is included in the LMP (Annex 4). The MoEYS’s university standard design and technical specification for new buildings and accommodation, which is disability friendly and include universal access, will be applied for HEIP2. The project is being designed through a consultative process, including the determination of the HEIs and the design aspects. With the grant to private HEIs, there may be some risks related to technical assistance, data privacy, lack of transparency and inclusivity. The project will ensure the data privacy and the safety of handling data collection by the project. The TA activities are to be carried out in accordance with terms of reference acceptable to the Bank, which are consistent with the ESSs. The ToRs for TA activities are to be reviewed by the Bank 9 Second Higher Education Improvement Project - ESMF E&S Standard Relevance and achieve No Objection and ensure that the outputs of such activities comply with the terms of reference. ESS5: Land ESS5 is considered not relevant. The project will not finance activities and works that Acquisition, require land acquisition or resettlement. All civil works will be undertaken in land already Restrictions on owned by HEIs. The ESMF will include an ineligibility list to rule out project support for Land Use and any facilities that would need land acquisition. Involuntary Resettlement ESS6: ESS6 is not relevant. The proposed project activities will be conducted within the Biodiversity perimeter of the existing facilities. Risks and impacts to critical natural habitats, wildlife Conservation and sanctuaries, biodiversity conservation areas, protected areas and/or natural resources Sustainable are not likely. Management of Living Natural Resources ESS7: Indigenous ESS7 is relevant as some of the project provinces are known to have Indigenous peoples. Peoples Based on the proportionality approach, the project should address inclusion of Indigenous groups as part of the SEP and ESMF. ESS8: Cultural ESS8 is relevant. Although the project civil works will be undertaken only on land that Heritage already belongs to the HEI, the land will be screened to ensure that it is free of Physical Cultural Resources (PCR). While low, there could be potential risks that tangible cultural heritage may be found on the land during construction or renovation. A provision of Chance-Finds Procedure is included in the ESCP and ESMF. In addition, the environment and social screening form will cover PCR as well as Unexploded ordnance (UXO). As such, before the construction can begin, the project will require UXO clearance certificate. The contractor shall ensure sufficient budget and have full responsibility for UXO clearance. ESS9: Financial ESS9 is considered not relevant. The project will not make use of or support financial Intermediaries intermediaries as defined by this standard. ESS10. ESS10 is relevant for all projects given the need to engage with beneficiaries and Stakeholder stakeholders on development activities that affect their lives. Engagement and Information MoEYS will prepare a SEP, including a Grievance Redress Mechanism (GRM), before Disclosure appraisal and incorporating the findings from the stakeholder engagement and assessment process during project preparation. The SEP will be disclosed and consulted prior to project appraisal. It will be developed early in the project preparation process to inform engagement, to address key risks and develop communication and engagement strategies and materials to effectively reach out to affected and interested stakeholders to ensure accessibility and cultural appropriateness. 10 4. Potential Environmental and Social Risk Impacts and Standard Mitigation Measures The project’s environmental risks and impacts are mainly related to the investment activities under component 1 and component 2 which will help improve the infrastructure necessary for innovative teaching and learning, rehabilitate, and construct classrooms to increase enrollment in prioritized programs. All project E&S risks and associated mitigation measures are summarized in Table 3. 11 Table 3. Environmental and Social Risks and Mitigation Measures of Civil Works Risks and Impacts Mitigation Measures Environmental risks and impacts Pre-construction phase: The potential impacts/concerns mainly occur during planning, site clearance activities • Risks of explosion objects As such, before the construction can begin, the project will require UXO clearance certificate. The contractor shall ensure sufficient budget available underneath the and have full responsibility for UXO clearance. construction site. Construction phase: The potential impacts/concerns mainly occur during new construction and rehabilitation/renovation works of classrooms, and laboratories. • The construction/ • Comply with local regulations and limit construction noise to specific times agreed upon in the permit; rehabilitation activities • Where feasible, install sound barriers or acoustic enclosures around construction equipment to reduce noise levels; will generate dust, • Incorporate noise-reducing features in the building or infrastructure design, such as sound-absorbing materials and double-glazed noise, vibration, windows. wastes, and safety risks • Strictly prohibit open burning of construction or waste material on the site; to staff and students at • The contractor will segregate construction wastes from other types of waste through on-site sorting and store them in appropriate the universities due to containers. the construction • To the degree feasible, recyclable materials such as wooden plates for trench works, steel, site holding, packaging material, etc., machinery movements. shall be segregated and collected on-site from other waste sources for reuse or recycle (sale). • The project is not expected to involve any demolition of existing buildings, and the use of asbestos in the new construction or • Construction may use rehabilitation/renovation is avoided. The contractors will be required to adhere closely to the World Bank Group's Good Practice some machineries that Note on Asbestos (May 2009) in cases where asbestos may be encountered on the project site. could cause spilling of • Movement of construction vehicles in campus shall be slow and done very carefully. Drivers shall be informed and frequent fuel polluting the reminder shall be done. ground. • Place the stockpile and construction materials in a safety place If archaeological chance finds are found, actions to be taken as described in Appendix 5: Chance Finds Procedures. Operation phase: • The environmental risks • Waste from lab operation shall be specially managed, stored, treated, and disposed of. During the implementation, laboratory waste and impacts related to: (i) management shall be clearly guided in lab operation’s SOP that indicate how wastewater and solid waste from lab operation can be generation of solid wastes collected, stored, and treated before it is disposed in a safety manner. and wastewater from the • Lab operators ensure using of proper PPE during operating lab. S/he shall be trained to understand well about risks related health and daily operation of the safety. S/he need to understand clearly about standard operating procedure (SOP) to be applied for operating labs. institutions and schools, generation of hazardous and non-hazardous waste from laboratory operation, and (ii) occupational health and 12 Second Higher Education Improvement Project - ESMF Risks and Impacts Mitigation Measures safety (OHS) risks, and • Safety risk for lab operators, teachers and school students during using lab equipment. Social risks and impacts Pre-construction phase: Things to take into account during project design • Recruit a portion of the workers required for the project locally. Encourage the hiring of women. Bid and contract documents will encourage contractors to hire local workers. Bringing influx workers into • Train local workers within a reasonable time frame to meet project requirements. Costs for training will be borne by contractors. HEIs’ campuses may affect • Manage workers accommodation (commute or reside on site) effectively depending on project’s need. culture, tradition, and • Avoid and when avoidance is not possible, minimize and manage labour influx. security inside HEIs • Prepare Code of Conduct (CoC), inform and train workers in the CoC and ensure it is signed by all workers. • Implement SEA/SH training. • Ensure equal pay for equal work for women. Child Labor • Apply LMP for age check prior to engagement of labour. Hiring of people under 18 years of age is not permitted. Construction phase: The potential impacts/concerns mainly occur during new construction and rehabilitation/renovation works of training facilities • Strict Code of Conduct for workers with no tolerance for physical or verbal abuse of women or children, to be signed by all workers. Sexual Exploitation and • Training to workers on maintaining good community relations, with emphasis on proper conduct around women and children. Abuse (SEA), Sexual • Training on SEA/SH and VAC for community members, in particular women and girls (may be done separately for men and Harassment (SH) and women). Gender-Based Violence • Ensuring workers sites are situated (at least 500m) from schools and/or other areas where children congregate. (GBV), both during • Children prohibited from construction site and worker’s camp. construction and operations • Ensure access to grievance redress mechanisms. of supported HEI facilities • Provision of information to local communities about the contractor’s policies and responsibilities, including the Contractor’s Code of Conduct and minimum working age. • For victims coming forward: referral to qualified SEA/SH service provider. The GRM will include a confidential channel for reporting SEA/SH. Lack of protection of • Provide full disclosure of conditions of employment, salary, payment schedules, etc., to those hired directly by the project, as set 13 Second Higher Education Improvement Project - ESMF Risks and Impacts Mitigation Measures workers out in the Labor Management Procedures (LMP) with gender equity and non- discrimination and no child or force labor. • Ensure there is no discrimination in hiring of direct workers, and no discrimination or harassment after being hired. • Provide direct workers with means to report any issues concerning work conditions, discrimination, harassment, etc. • Display safety warning signs in all workplaces where safety hazards are present. • Provide all necessary protective equipment for workers exposed to hazardous and danger activities. • Maintain first aid kits on site for construction workers. Occupational Health and • Provide clean potable water on site. Safety (OHS) for workers • Deliver training on ECoPs to all construction workers. • Provide occupational health and regular safety training and toolbox briefings. • Make sure all construction workers are aware of the GRM and that they can access it. • Place adequate fencing, and warning signs not to enter the construction sites with authorized access permit. Potential disruptions to • When possible, prioritize construction activities that may cause disruption to the students during the holiday period. lessons and/or temporary • Provision of safe and convenient passages for pedestrians, including safe crossings where construction traffic interferes, to access restrictions to reduce the risk of accidents. classrooms or other facilities • Active traffic management by trained and visible staff at the site, if required, to ensure safe and convenient passage for students if civil works takes place and the public. during the school year • Ensuring safe and continuous access to buildings of training institutions, office facilities, shops, and residences, if they remain open to the public, by implementing appropriate traffic management measures. • Vulnerable/Disadvantaged group will be identified for each subproject (based on guidance from SEP) • Consultation is conducted with identified groups using the consultation methods (based on guidance from SEP) Exclusion of Disadvantaged/ • Needs and expectation of vulnerable groups is assessed in relation to the overall intended benefit of the subprojects that are Vulnerable Groups appropriate to the groups (e.g., culturally appropriate for IPs) • Update the ESMP and SEP accordingly. • Conduct public awareness raising activities (IEC) to ensure local people and contractors know about the risks of contracting and Disease contraction/ spreading communicable diseases (e.g., HIV/AIDS) transmission • In the event of disease outbreak, provide immediate training/awareness raising to the risk groups. • Contractor’s workers will be trained on communicable diseases prior to mobilization to construction sites. • Fence off all work sites adjacent to communities to avoid unauthorized access to the project sites and to prevent potential Community Health and injuries. Safety including nearby • If school children are in the vicinity, include traffic safety personnel to direct traffic during school hours. communities and • Control driving speeds of project vehicles particularly when passing through communities or nearby schools, health centers or staff/students/existing other sensitive areas. workers in the universities. • Make sure the community is aware of the GRM and that they can access it. 14 Second Higher Education Improvement Project - ESMF Risks and Impacts Mitigation Measures • Appoint an Environmental Health and Safety Officer (EHSO) who shall be responsible for training, monitoring and reporting on ESHS concerns and implementing health and safety related programs. • Regularly train/remind drivers of strictly observing speed limits and exercise good driving practices when driving construction supported vehicles through residential areas as well as other sensitive areas such as schools, pagodas, hospitals, markets, and other populated areas, including parking. • Warning signs and barriers (i.e., temporary fence) shall be installed at construction areas to deter pedestrian access to these areas except at designated crossing points. • Sufficient lighting at night as well as warning signs shall be provided in the periphery of the construction site. • The general public/ residents, and in particular children, shall not be allowed in high-risk areas, i.e., excavation sites and areas where heavy equipment is in operation. • Provide fencing on all areas of excavation greater than 2m deep. • Ensure reversing signals are installed on all construction vehicles. • Discharge of untreated sewage shall be prohibited. • Provide trainings on HIV/AIDS and STDs to workers and the community (separately) • Provide trainings on SEA/SH and VAC to workers and the community (separately) • Ongoing consultations and awareness raising of local communities. • Inform local officials and affected residents, regularly and in advance, of the location and schedule of construction activities which may cause impacts on the environment and life of people. • Ensure all workers engaged by contractors (both main and subcontractors) read and sign Worker ’s and Manager’s Conduct of Conduct. • Maximize number of local people employed in construction and non-construction jobs and provide on-the-job skills training for local people employed. • Maximize goods and services sourced from local commercial enterprises. • Ongoing consultations and awareness raising of local communities and raising awareness in each community on GRM. Operation phase: • Implement OHS and SEA/SH management measures during the operation and maintenance phase, including regular training and Occupational Health and awareness sessions for staff and users. Safety (OHS) and SEA/SH for • Provide sufficient protocol, PPE to staff and users and ensure its proper use and maintenance. teachers and students • Provide fire prevention and control. • Conduct regular OHS inspections and risk assessments to identify and address potential hazards and risks in the facilities. • Ensure the functionality of a GRM for addressing OHS and SEA/SH concerns raised by staff, trainees, and users of the facilities. 15 The Table below indicates environmental and social risks and impacts by non-civil work activities of the project and mitigation measures Table 4. Environmental and Social Risks and Mitigation Measures of Non-Civil Works Subcomponent Activity Risks and Impacts Mitigation Measures Environmental risk and impacts Promoting innovative teaching and - The risks and impacts - The TA activities are to be carried out in accordance with terms of reference acceptable to the learning, with the use of ICT (positive and negative) Bank, which are consistent with the ESSs. The ToRs for TA activities are to be reviewed by the Bank promoting entrepreneurship skills associated with technical and achieve No Objection and ensure that the outputs of such activities comply with the terms of through SME development with assistance activities such as reference the support of the incubation modernizing curriculums for centers and improving institutional green economy, innovative governance. teaching and learning as these may lead to downstream impacts on environment and society. Improving institutional - The activity may lead to - When developing curricula and training materials, consider the potential environmental impacts governance. increase use of natural and incorporate sustainability principles and practices where possible by screening and following to resource and pollute the the requirements under ESS1 to ESS10. This could include topics such as resource conservation, environment through using pollution prevention, and environmental regulations and compliance. paper and disposing of electronic wastes such as printing cartridge and inks. 3.3 Climate Change: promote - The civil work activities - Facilities are designed to be resilient to climate change, climate change adaptation and including buildings, centers, - Integrate climate related subject into curriculum, mitigation laboratories to be - Adopt energy saving facilities/equipment/materials: lighting and cooling appliances in the constructed would be high renovation of classroom buildings and laboratories with reference to the guidelines of green risks to flooding, drought, buildings being developed for public sector and windstorm impacts. Social Risk and Impacts Sub-component 1.1: (i) updating - Little or no substantial - Assessment and Teaching of 21st Century Skills (ATC21S) streams a diverse range of skills into a curriculums to be in line with the evidence available on the manageable set of practically demonstrable capabilities (‘ways of thinking’, ‘tools for working’, outcome-based education most effective tools and ‘ways of working’ and ‘ways of living’), thereby presenting an outputs -orientated model that also framework and meet market approaches to deliver those enables the potential accommodation of new and emerging skill sets that may be generated, for demands and enhance students’ skills. example, by specific contextual, social, economic or political priorities. Takes into full account both 16 Second Higher Education Improvement Project - ESMF Subcomponent Activity Risks and Impacts Mitigation Measures 21st century skills, with the ‘professional’ and ‘personal’ skills and competencies. This provides the ATC21S framework with a inclusion of innovative pedagogy; flexibility of application that is relevant both to highly connected, highly resourced and knowledge- driven national or regional economies, and low-resourced emerging or developing national or regional economies. Design of the ATC21S model is widely concerned with facilitating the acquisition of required skills, and therefore deliberately frames them in ways that enable discussion and uptake by policymakers, educators, trainers and employers operating within the education system, the TVET sector and the labour market. Further to this, from a delivery perspective, the ATC21S model is designed as an outputs-orientated framework: it both enables programmers and stakeholders to conceptualize skills definitions in terms of demonstrable attributes and behaviors and is working to generate guidelines and tools designed to support the application of 21st Century Skills training in an educational context. Sub-component 1.1: (ii) improving - Pedagogies required to - Inquiry-based approaches require planning and well thought out approaches to collaboration, lecturers’ professional implement them are much classroom interaction and assessment. Below are primary design principles: qualifications and capacity of more complex. Students - Project must be well design with well-defined learning goals guiding the nature of activities. applying project-based/inquiry- lack prior experiences or - Resources can scaffold both teachers and student learning. based learning modelling regarding aspects - Teachers must develop participation structure and classroom norms that encourage accountability, of the learning process. use of evidence and a collaborative stance. Regarding disciplinary - Well-designed formative assessment and opportunities for revision support learning and well- understanding, students designed summative assessments can be useful learning experiences. can have difficulty - Involve the availability of ICT resources, top-management support, compatibility, complexity, generating meaningful perceived relative advantages, technical support and competitive pressure. Unique training designs questions or evaluating must be organized to fit the basic needs of the SMEs. Training institutions should continuously their questions to collaborate with both the government and non-governmental agencies to organize training understand if they are seminars and workshops, thereby introducing some ICT developmental courses that will meet the warranted by the content of different needs of the rural SMEs. There is a need for organized forms of education to help rural the investigation and they SMEs towards achieving relevant training on the use of developed ICTs. In-house training could be may lack background introduced through trade associations or/and incubation centers. knowledge needed to make sense of the inquiry. Sub-component 1.1: (iii) provide - Financial constraints, lack of - Business Incubator could make improvements on the business plan implemented by the students technical support to potential established plans and that will positively have an impact on the performance of the student startups and eventually to its programs to prepare for meeting processes graduates. national or international - for business incubation to - Incubator will serve as the new platform of entrepreneurship students in providing services on their standards; (iv) provide technical students, poor startups for them to be able to implement their business proposal well. support to targeted HEIs to infrastructure, and - The Business Incubator of the university may be part of the curriculum for technology transfer and 17 Second Higher Education Improvement Project - ESMF Subcomponent Activity Risks and Impacts Mitigation Measures strengthen industrial linkages by - networking, it leads to a innovation of the entrepreneurship students. As such, the faculty in charge in business plan arrangement of guest lecturers problematic implementation may collaborate with entrepreneurs to help the students as their coach and from industry, establishment of job entrepreneurship program mentor and prepare a comprehensive action plan to support the students for their startups. placement and/or industrial implementation and lack of - The university may encourage their graduates to enroll and avail of the services offered by Business linkage units at the HEIs, resources, access to Incubator for their startups' success. Budget warrant, the university may construct a business internships, interdisciplinary technology, system, and the center for students who want to maximize their entrepreneurial skills and enhance their creativity exchanges, and alumni activities program provided by the for future business endeavors. college related to business incubation services. - Risks regarding specifying - Research universities should be established after preparing their legal base. It is also suggested that their missions, employing the mission of research universities should be specified more clearly, and the workload of academic talented leaders, providing staff should be reduced to leave them time for research activities. In addition, extra funding should Sub-component (2.2) autonomy, funding and be provided, and funding types should be diversified. These institutions should have administrative, institutionalizing research providing strong physical financial and academic freedom, and research university leaders should be chosen among procedure and financing rules in infrastructures and quality candidates who have administrative competency and experience. Moreover, some HEIs and supporting a regulatory academic staff that need recommendations can be made for other researchers. framework for commercialization more time, investment to - Require technologically well-equipped research centers and talented scholars. of research outputs. become real research - Educate the new generation of the personnel needed for technological and intellectual leadership, universities, such as develop new knowledge so necessary for modern science and scholarship in an academically universities cannot be free appropriate environment. to employ talented researchers and students. Sub-components 1.3, 2.1 and 2.3: - Limited understanding of - Involve the availability of ICT resources, top-management support, compatibility, complexity, to create an environment that ICT and lack of skills and perceived relative advantages, technical support and competitive pressure. Unique training designs supports concrete growth and knowledge to make must be organized to fit the basic needs of the governance. Training institutions should development, to improve DGHE’s informed decision on continuously collaborate with both the government and non-governmental agencies to organize HEIs’ governance capacity, emerging ICT to adopt. training seminars and workshops, thereby introducing some ICT developmental courses that will including data management, Governance do not spend meet the different needs of the institutional governance capacity. There is a need for organized internal quality assurance (IQA) time in learning and forms of education to help sectors towards achieving relevant training on the use of developed and regional/international equipping themselves ICTs. In-house training could be introduced through trade associations or/and incubation centers. accreditation, tracer studies, before taking a decision for student grievances, human emerging ICT. resources management, and Government’s poor IT financial management, include support was one of the overall project management, issues encountered by 18 Second Higher Education Improvement Project - ESMF Subcomponent Activity Risks and Impacts Mitigation Measures coordination, and supervision of governance which hindered programs with selected HEIs; and them from adopting monitoring and evaluation of emerging ICT successfully. project progress of outcomes 19 4.1 Risks and Mitigation Measures Specific to Disadvantaged and Vulnerable Groups The disadvantaged and vulnerable groups may face prejudice or limited opportunities when enrolling in the HEIs, access to skill-based programs, knowledge of teachers of cultural needs or disability needs. To mitigate this risk, the project should incorporate inclusive and transparent measures to ensure that all eligible individuals, regardless of their background or circumstances, have equal access to the project's benefits. These measures aim to promote fairness and equity in the distribution of the project's resources and opportunities. In addition, vulnerable/disadvantaged people, such as the poor, indigenous peoples, women, etc., may be excluded from accessing temporary employment opportunities, such as those offered by construction contractors. The contractors should ensure consultations with disadvantaged groups to prioritize them for employment where possible. 4.2 Planning and Design Considerations for Avoidance of Environmental and Social Risks and Impacts The PMT of the MoEYS will conduct environment and social screening and will follow an Ineligible/ Negative criteria list to rule out certain HEIs location (see Table 5). Thus, subprojects that are found to have significant environment or social risks and impacts – such as within the National Protected Area and/or any subprojects requiring a full EIA according to national legislation – will not be considered by the MoEYS for financing under the HEIP2. Other minor and moderate E&S impacts will follow the requirements in this ESMF, such as preparation of an ESMP. 5. Procedures and Implementation Arrangements 5.1 E&S risk management for Technical Assistance Activities The MoEYS will ensure that the consultancies, studies (including feasibility studies, if applicable), capacity building, training, and any other technical assistance activities under the Project are carried out in accordance with Terms of Reference acceptable to the Bank, that are consistent with the ESSs. They will also ensure that the outputs of such activities comply with the Terms of Reference. This includes ensuring inclusion aspects are considered in non-civil works project activities. 5.2 Environmental and Social Risk Management Procedures for rehabilitation/construction activities The environmental and social risk management procedures will be implemented through the Project’s subproject selection process. In summary, the procedures aim to do the following: Table 4. Project Cycle and E&S Management Procedures for rehabilitation/construction activities Project Stage E&S Stage E&S Management Procedures a. Assessment and Screening - During subproject identification, ensure subproject eligibility by Analysis: Subproject referring to the Exclusion List in Table 5 below. identification - For all activities, use the Screening Form in Annex 1 to identify and assess potential environmental and social risks and impacts, and identify the appropriate mitigation measures for the subproject. - Identify the documentation, permits, and clearances required under the government’s Environmental Regulation. b. Formulation and Planning - Based on Screening Form adopt and/or prepare relevant Planning: Planning for environmental and social procedures and plans. 20 Second Higher Education Improvement Project - ESMF subproject activities, - For activities requiring Environmental and Social Management including human and Plans (ESMPs), submit the first 5 ESMPs for prior review and no budgetary resources objection by the World Bank prior to initiating bidding processes. and monitoring - Ensure that the contents of the ESMPs are shared with relevant measures stakeholders in an accessible manner and consultations are held with the affected communities in accordance with the SEP. - Complete all documentation, permits, and clearances required under the government’s Environmental Regulation. - Train staff responsible for implementation and monitoring of plans. - Incorporate relevant environmental and social procedures and plans into contractor bidding documents; train contractors on relevant procedures and plans. c. Implementation Implementation - Ensure implementation of plans through site visits, regular and Monitoring: reporting from the field, and other planned monitoring. Implementation - Track grievances/beneficiary feedback. support and - Continue awareness raising and/or training for relevant staff, continuous volunteers, contractors, communities. monitoring for projects d. Review and Completion - Assess whether plans have been effectively implemented. Evaluation: - Ensure that physical sites are properly restored. Qualitative, quantitative, and/or participatory data collection on a sample basis More detail for each stage is provided below. a. Subproject Assessment and Analysis – E&S Screening As a first step, all proposed activities should be screened to ensure that they are within the boundaries of the Project’s eligible activities, and they are not considered as activities listed on the E&S Exclusion List in the table below. Table 5. Exclusion List • Any construction in protected areas or priority areas for biodiversity conservation, as defined in national law • Activities that have the potential to cause any significant loss or degradation of critical natural habitats, whether directly or indirectly, or which would lead to adverse impacts on natural habitats • Activities involving changing forestland into agricultural land or logging activities in primary forest • Any activity affecting physical cultural heritage such as graves, temples, churches, historical relics, archeological sites, or other cultural structures • Activities that may cause or lead to forced labor or child abuse, child labor exploitation or human trafficking, or subprojects that employ or engage children, over the minimum age of 14 and under the age of 18, in connection with the project in a manner that is likely to be hazardous or interfere with the child’s education or be harmful to the child’s health or physical, mental, spiritual, moral , or social development • Any activity on land that is not already owned by the HEI • Any activity that will cause land acquisition, physical relocation or economic displacement of households or will require the use of eminent domain 21 Second Higher Education Improvement Project - ESMF • Any activity with significant environmental and social risks and impacts that require an Environmental and Social Impact Assessment (ESIA) • Any activity that will require Free, Prior and Informed Consent (FPIC) as defined in ESS7. As a second step, the MoEYS will use the E&S Screening Form in Annex 1 to identify and assess relevant environmental and social risks specific to the activities, and identify the appropriate mitigation measures. The Screening Form lists the various mitigation measures and plans that may be relevant for the specific activities such as the Environmental and Social Codes of Practice, the Environmental and Social Management Plan, the Labor Management Procedures, Chance Find Procedures, etc. The MoEYS will also identify the documentation, permits, and clearances required under the government’s Environmental Regulation. b. Subproject Formulation and Planning – E&S Planning Based on the process above and the Screening Form, the MoEYS will adopt the necessary environmental and social management measures already included in the Annexes of this ESMF such as the ESCOPs, the LMP, etc. or develop relevant site-specific environmental and social management plans. If site-specific ESMPs are necessary, the MoEYS will prepare these ESMPs and other applicable documents as needed. The MoEYS will provide approval and compile ESMPs and other applicable forms. The contents of the ESMPs will be shared with relevant stakeholders in an accessible manner, and consultations will be held with the affected communities on the environmental and social risks and mitigation measures. If certain subprojects or contracts are being initiated at the same time or within a certain location, an overall ESMP covering multiple subprojects or contracts can be prepared. The first five site-specific ESMPs will be submitted to the World Bank for prior review and no objection. After this first 5, the World Bank and the MoEYS will reassess whether prior review is needed for further ESMPs or a certain category of ESMPs. The MoEYS will also complete the documentation, permits and clearances required under the government’s Environmental Regulation before any project activities begin. At this stage, staff who will be working on the various subproject activities should be trained in the environmental and social management plans relevant to the activities they work on. The MoEYS should provide such training to field staff. The MoEYS should also ensure that all selected contractors, subcontractors, and vendors understand and incorporate environmental and social mitigation measures relevant to them as standard operating procedures for civil works. The MoEYS should provide training to selected contractors to ensure that they understand and incorporate environmental and social mitigation measures; and plan for cascading training to be delivered by contractors to subcontractors and vendors. The MoEYS should further ensure that the entities responsible for ongoing operation and maintenance of the investment have received training on operations stage environmental and social management measures as applicable. c. Implementation and Monitoring – E&S Implementation 22 Second Higher Education Improvement Project - ESMF During implementation, the MoEYS will conduct regular monitoring visits in person and over the phone. Contractors will be responsible for implementing the mitigation measures in the E&S risk management documents, with MoEYS oversight. The MoEYS will monitor the implementation of E&S risk management mitigation plans as part of regular project monitoring. At a minimum, the reporting will include (i) the overall implementation of E&S risk management instruments and measures, (ii) any environmental or social issues arising as a result of project activities and how these issues will be remedied or mitigated, including timelines, (iii) Occupational Health and Safety performance (including incidents and accidents), (iv) community health and safety, (v) stakeholder engagement updates, in line with the SEP, (vi) public notification and communications, (vii) progress on the implementation and completion of project works, and (viii) summary of grievances/beneficiary feedback received, actions taken, and complaints closed out, in line with the SEP. Reports from the local levels will be submitted to the MoEYS at the national level, where they will be aggregated and submitted to the World Bank on a biannual basis. Throughout the Project implementation stage, the MoEYS will continue to provide training and awareness raising to relevant stakeholders, such as staff, selected contractors, and communities, to support the implementation of the environmental and social risk management mitigation measures. An initial list of training needs is proposed below, in Section 5.5. The MoEYS will also track grievances/beneficiary feedback (in line with the SEP) during project implementation to use as a monitoring tool for implementation of project activities and environmental and social mitigation measures. Last, if the MoEYS becomes aware of a serious incident in connection with the project, which may have significant adverse effects on the environment, the affected communities, the public, or workers, it should notify the World Bank within 48 hours of becoming aware of such incident. A fatality is automatically classified as a serious incident, as are incidents of forced or child labor, abuses of community members by project workers (including gender-based violence incidents), violent community protests, or kidnappings. d. Review and Evaluation – E&S Completion Upon completion of Project activities, the MoEYS will review and evaluate progress and completion of project activities and all required environmental and social mitigation measures. Especially for civil works, the MoEYS will monitor activities with regard to site restoration and landscaping in the affected areas to ensure that the activities are done to an appropriate and acceptable standard before closing the contracts, in accordance with measures identified in the ESMPs and other plans. The sites must be restored to at least the same condition and standard that existed prior to commencement of works. Any pending issues must be resolved before a subproject is considered fully completed. The MoEYS will prepare the completion report describing the final status of compliance with the E&S risk management measures and submit it to the World Bank. 5.3 Contingency Emergency Response Component The Contingency Emergency Response Components (CERC) Manual to be prepared for the Project will include a description of the environmental and social risk assessment and management arrangements if the CERC component becomes activated. This may include a CERC ESMF or an Addendum to this ESMF based on the subproject activities that will be funded under the CERC component. If such additional documentation or revision to documentation is needed, the MoEYS will prepare, consult, adopt, and disclose these in accordance with the CERC Manual, and implement the measures and actions necessary. 23 Second Higher Education Improvement Project - ESMF 5.4 Implementation Arrangements The table below summarizes the roles and responsibilities regarding the implementation arrangements for environmental and social management. Table 6. Implementation Arrangements Level/Responsible Roles and Responsibilities Party MOEYS - Overall responsibility for implementation of the ESCP PMT - Provide support, oversight, and quality control to field staff working on environmental and social risk management. - Collect, review, and provide quality assurance and approval to Screening Forms and ESMPs as relevant. Keep documentation of all progress. - Oversee overall implementation and monitoring of environmental and social mitigation and management activities, compile progress reports from local levels/subprojects, and report to the World Bank on a biannual basis (or more if required). - Train central and field staff and contractors who will be responsible for implementing the ESMF. - If contracting is managed centrally, ensure that all bidding and contract documents include all relevant E&S management provisions per screening forms, ESMPs, and ESCOPs. Construction - Ensure project activities do not fall under the Negative List. Fill out Department Screening Forms for relevant subproject activities and submit forms to the national level. - Oversee daily implementation and monitoring of environmental and social mitigation measures, and report progress and performance to the national level on a monthly basis. - Provide training to local contractors and communities on relevant environmental and social mitigation measures, roles, and responsibilities. - If contracting is managed regionally, ensure that all bidding and contract documents include all relevant E&S management provisions per screening forms, ESMPs, ESCOPs and LMPs. Environment and - Work with national E&S supervision consultants to prepare the site Social Unit (ESU) specific ESMP and oversee the quality of instruments (ESMP, SEP, and ESCP) before disclosure. - Conduct regular monitoring to sub-project sites to ensure that ESCOP/ESMP/LMP is effectively implemented for managing impacts from civil work and reporting. - Lead the capacity development on the ESF instruments to be provided to communities, contractors, as well as the ESF focal persons in each HEI. - Ensure that GRM is functioning, having all complaints recorded in logbook; and resolved. Seek urgent intervention and advise from PMT where needed. E&S Consultants - Support the ESU on E&S measures implementation and supervision - Conduct training to the ESU, contractors and other stakeholders as required 24 Second Higher Education Improvement Project - ESMF - Working with the ESU and Construction department to prepare site- specific ESMPs for subproject activities and submit forms to the national level. Local contractors - Comply with the Project’s environmental and social mitigation and management measures as specified in site specific ESMPs, ESCOPs, and contract documents, as well as national and local legislation. Prepare own C-ESMP. - Take all necessary measures to protect the health and safety of workers and community members, and avoid, minimize, or mitigate any environmental harm resulting from project activities. 5.5 Proposed Training and Capacity Building The proposed training and capacity building approach is described in Table 7 below: Table 7. Proposed Training and Capacity Building Approach Level Responsible Audience Topics/Themes that May Be Covered Party National level National staff ESMF and approach: E&S consultant responsible for overall - Identification and assessment of E&S risks recruited under implementation of - Selection and application of relevant E&S risk the project. ESMF management measures/instruments - E&S monitoring and reporting - Incident and accident reporting - Application of LMP, including Code of Conduct, incident reporting, and SEA/SH - Application of SEP and the grievance/beneficiary feedback mechanism Provincial level ESU with the ESF Focal Persons at ESMF and approach: support from HEIs - Identification and assessment of E&S risks the E&S - Selection and application of relevant E&S risk Supervision Contractors management measures Consultants - E&S monitoring and reporting - Incident and accident reporting - Application of LMP, including Code of Conduct, incident reporting, and SEA/SH - Application of SEP and the grievance/beneficiary feedback mechanism Local/site level ESU with the Local staff - Application of SEP and the grievance/beneficiary support from feedback mechanism the E&S Local contractors - Application of LMP, including Code of Conduct, Supervision incident reporting, and SEA/SH Consultants - Application of ESCOPs or ESMPs, as relevant Community level ESU with the Community members - Basic OHS measures and Personal Protective supports from Equipment the E&S Community Workers, if - Community health and safety issues Supervision relevant - Worker Code of Conduct Consultants - SEA/SH issues, prevention, measures] - - Grievance redress - Workers’ grievance redress 5.6 Estimated Budget 25 Second Higher Education Improvement Project - ESMF The following table lists estimated cost items for the implementation for the ESMF, which have been included in the overall project budget: Table 8. ESMF Implementation Budget Activity/Cost Item Potential Cost (USD) Trainings for staff (venue, travel, refreshments etc.) and national 10,000.00 consultation Trainings for contractors (venue, travel, refreshments, etc.) 15,000.00 Printing of awareness raising materials / grievance redress materials 5,000.00 Software for data collection / supervision / monitoring / grievance redress 5,000.00 Preparation of site-specific ESMPs and other site-specific plans 30,000.00 Cost of obtaining clearances or permits 5,000.00 Implementation of site-specific ESMPs and other site-specific plans 20,000.00 Environmental and social staff (for different levels) 10,000.00 Travel and accommodation budget for environmental and social staff site 30,000.00 visits Environmental and Social Supervision Consultant(s) 30,000.00 • Prepare site-specific ESMPs, updating of the SEP, and ESCP (if require) • Ongoing monitoring of E&S documents, including assisting, and providing on the job-training to the ESU on monitoring and reportings. Contingency (10%) 16,000.00 TOTAL 176,000.00 6. Stakeholder Engagement, Disclosure, and Consultations A separate Stakeholder Engagement Plan (SEP) has been prepared for the Project, based on the World Bank’s Environmental and Social Standard 10 on Stakeholder Engagement. The SEP can be found here: https://moeys.gov.kh/. This ESMF, as well as the SEP and the Environmental and Social Commitment Plan (ESCP) that have been prepared for this project, have been disclosed in draft for stakeholder consultations on the following website https://moeys.gov.kh/ on 22 April 2024. 26 Annexes: Annex 1. Screening Form The E&S Screening procedure comprises of two stages-process: (1) Initial screening by using the Exclusion List in Table 5 of the ESMF; and (2) Screening the proposed activities to identify the approach for E&S risk management. This Screening Form is the second stage of screening process and is to be used for all subproject activities. The completed forms will be signed and kept in the Project ESF file. The World Bank may review a sample of the forms during implementation support visits. 1. Subproject Information: Subproject Title Subproject Location Regional Unit in Charge Estimated Cost Start/Completion Date Brief Description of Subproject 2. Environmental and Social Screening Questionnaires Answer Questions Next Steps Yes No ESS1 1. Is the subproject likely to have significant adverse If “Yes�: Exclude from project. environmental impacts that are sensitive and unprecedented that trigger the ‘Ineligible Activities’ or other exclusion criteria? 2. Does the subproject involve new construction or If “Yes�: significant expansion such as ponds, solid waste 1. Prepare a site-specific E&S Assessment management systems, shelters, roads (including access and/or ESMP for the proposed subproject, roads), community centers, schools/university, laboratories, based on the template in Annex 3. dormitories, bridges and jetties? 2. Include E&S risk management measures in bidding documents. 3. Does the subproject involve renovation or rehabilitation If “Yes�: of any small-scale infrastructure, such as groundwater wells, 1. Apply relevant measures based on the latrines, showers/washing facilities laboratories, dormitories, ESCOPs in Annex 2 (unless one of the schools/classrooms or shelters? questions below raises specific environmental risks and requires a site- specific ESMP). 2. Include E&S risk management measures in bidding documents. 4. Will construction or renovation works require new borrow If “Yes�: pits or quarries to be opened? 1. Prepare a site-specific ESMP for the proposed subproject, based on the template in Annex 3. 2. Include E&S risk management measures in bidding documents. 5. Does the project lead to any risks and impacts on, If “Yes�: Apply relevant measures individuals or groups who, because of their particular described in the ESMF and SEP. circumstances, may be disadvantaged or vulnerable.9 ESS2 9“Disadvantaged or vulnerable� refers to those individuals or groups who, by virtue of, for example, their age, gender, ethnic ity, religion, physical, mental or other disability, social, civic or health status, sexual orientation, gender identity, economic disadvantages or ethnic peoples status, and/or dependence on unique natural resources, may be more likely to be adversely affected by the project impacts and/or more limited than others in their ability to take advantage of a project’s benefits. 27 6. Does the subproject involve uses of goods and equipment If “Yes�: Exclude from project. involving forced labor, child labor, or other harmful or exploitative forms of labor? 7. Does the subproject involve recruitment of workforce If “Yes�: Apply LMP in Annex 4. including direct, contracted, primary supply, and/or community workers? 8. Will the workers be exposed to workplace hazards that If “Yes�: Apply LMP in Annex 4. needs to be managed in accordance with local regulations and EHSGs? Do workers need PPE relative to the potential risks and hazards associated with their work? 9. Is there a risk that women may be underpaid when If “Yes�: Apply LMP in Annex 4. compared to men when working on the project construction? ESS3 10. Is the project likely to generate solid or liquid waste that If “Yes�: could adversely impact soils, vegetation, rivers, streams or 1. Prepare a site-specific ESMP for the groundwater, or nearby communities? proposed subproject, based on the template in Annex 3. 2. Include E&S risk management measures in bidding documents. 11. Do any of the construction works involve the removal of If “Yes�: Apply asbestos guidance provide asbestos or other hazardous materials? in the ESCOP 12. Are works likely to cause significant negative impacts to If “Yes�: air and / or water quality? 1. Prepare a site-specific ESMP for the proposed subproject, based on the template in Annex 3. 2. Include E&S risk management measures in bidding documents. 13. Does the activity rely on existing infrastructure (such as If “Yes�: discharge points) that is inadequate to prevent 1. Prepare a site-specific ESMP for the environmental impacts? proposed subproject, based on the template in Annex 3. 2. Include E&S risk management measures in bidding documents. 14. Is there any potential to have impact on soil or water If “Yes�: Apply Fertilizer and Pest bodies due to agro-chemicals (e.g., pesticides) used in Management Plan in Annex 7. farmlands due to the consequences of the subproject activities (e.g., development of irrigation system, agriculture related activities, seed and fertilizer assistance, procurement of pesticides)? ESS4 15. Is there a risk of increased community exposure to If “Yes�: Apply LMP in Annex 4 and communicable disease (such as COVID-19, HIV/AIDS, relevant measures in SEP. Malaria), or increase in the risk of traffic related accidents? 16. Is an influx of workers, from outside the community, If “Yes�: Apply LMP in Annex 4. expected? Would workers be expected to use health services of the community? Would they create pressures on existing community services (water, electricity, health, recreation, others?) 17. Is there a risk that SEA/SH may increase as a result of If “Yes�: Apply LMP in Annex 4. project works? 18. Would any public facilities, such as schools, health clinic, If “Yes�: Apply relevant measures based on church be negatively affected by construction? the ESCOPs in Annex 2 (unless one of the other questions in the screening form raises specific environmental and social risks and requires a site-specific ESMP). 19. Will the subproject require the government to retain If “Yes�: Prepare a site-specific ESMP for workers to provide security to safeguard the subproject? the proposed subproject, including an assessment of potential risks and mitigation measures of using security 28 personnel. ESS5 20. Will the subproject require the involuntary acquisition of If “Yes�the subproject is not eligible. new land (will the government use eminent domain powers to acquire the land)?10 21. Will the subproject lead to temporary or permanent If “Yes� the subproject is not eligible. physical displacement (including people without legal claims to land)? 22. Will the subproject lead to economic displacement (such If “Yes� the subproject is not eligible. as loss of assets or livelihoods, or access to resources due to land acquisition or access restrictions)? 23. Has the site of the subproject been acquired through If “Yes� the subproject is not eligible. eminent domain in the past 5 years, in anticipation of the subproject? 24. Are there any associated facilities needed for the If “Yes� the subproject is not eligible. subproject (such as access roads or electricity transmission lines) that will require the involuntary acquisition of new land? 25. Is private land required for the subproject activity being If “Yes� the subproject is not eligible. voluntarily donated to the project?11 ESS6 26. Does the subproject involve activities that have potential If “Yes�: Exclude from project. to cause any significant loss or degradation of critical habitats12 whether directly or indirectly, or which would lead to adverse impacts on natural habitats13? 27. Will the project involve the conversion or degradation of If “Yes�: non-critical natural habitats? 1. Prepare a site-specific ESMP for the proposed subproject, based on the template in Annex 3. 2. Include E&S risk management measures in bidding documents. 28. Will this activity require clearance of mangroves? If “Yes�: Exclude from project. 29. Will this activity require clearance of trees, including If “Yes�: inland natural vegetation? 1. Prepare a site-specific ESMP for the proposed subproject, based on the template in Annex 3. 10 Environmental and Social Standard 5, Footnote 10: “In some circumstances, it may be proposed that part or all of the land to be used by the project is donated on a voluntary basis without payment of full compensation. Subject to prior Bank approval, this may be acceptable providing the Borrower demonstrates that: (a) the potential donor or donors have been appropriately informed and consulted about the project and the choices available to them; (b) potential donors are aware that refusal is an option, and have confirmed in writing their willingness to proceed with the donation; (c) the amount of land being donated is minor and will not reduce the donor’s remaining land area below that required to maintain the donor’s livelihood at current levels; (d) no household relocation is involved; (e) the donor is expected to benefit directly from the project; and (f) for community or collective land, donation can only occur with the consent of individuals using or occupying the land. The Borrower will maintain a transparent record of all consultations and agreements reached.� 11 Environmental and Social Standard 5, Footnote 10: “In some circumstances, it may be proposed that part or all of the land to be used by the project is donated on a voluntary basis without payment of full compensation. Subject to prior Bank approval, this may be acceptable providing the Borrower demonstrates that: (a) the potential donor or donors have been appropriately informed and consulted about the project and the choices available to them; (b) potential donors are aware that refusal is an option, and have confirmed in writing their willingness to proceed with the donation; (c) the amount of land being donated is minor and will not reduce the donor’s remai ning land area below that required to maintain the donor’s livelihood at current levels; (d) no household relocation is involved; (e) t he donor is expected to benefit directly from the project; and (f) for community or collective land, donation can only occur with the consent of individuals using or occupying the land. The Borrower will maintain a transparent record of all consultations and agreements reached.� 12 Environmental and Social Standard 6, paragraph 23: “Critical habitat is defined as areas with high bio diversity importance or value, including (a) Habitat of significant importance to Critically Endangered or Endangered species, as listed in the IUCN Red List of threatened species or equivalent national approaches; (b) Habitat of significant importance to endemic or restricted-range species; (c) Habitat supporting globally or nationally significant concentrations of migratory or congregatory species; (d) Highly threatened or unique ecosystems; and (e) Ecological functions or characteristics that are needed to maintain the viability of the biodiversity values described above in (a) to (d).� 13 Environmental and Social Standard 6, paragraph 21: “Natural habitats are areas composed of viable assemblages of plant and/or animal species of largely native origin, and/or where human activity has not essentially modified an area’s primary ecological functions and species composition.� 29 2. Exclude from project if more that x hectares of tree and vegetation cutting is expected. 2. Include E&S risk management measures in bidding documents. 30. Will there be any significant impact on any ecosystems of If “Yes�: Exclude from project. importance (especially those supporting rare, threatened or endangered species of flora and fauna)? ESS7 31. Are there any Indigenous Peoples or Sub-Saharan African If “Yes�: Prepare an Indigenous Peoples Historically Underserved Traditional Local Communities Plan OR Include the requirements of an present in the subproject area and are likely to be affected Indigenous Peoples Plan in the SEP. by the proposed subproject negatively? ESS8 32. Is the subproject to be located adjacent to a sensitive site If “Yes�: Apply Chance Find Procedures in (historical or archaeological or culturally significant site) or Annex 5. facility? 33. Locate near buildings, sacred trees or objects having If “Yes�: Apply Chance Find Procedures in spiritual values to local communities (e.g. memorials, graves Annex 5. or stones) or require excavation near there? 3. Conclusion Based on the result from the screening above, please list the E&S risk management instruments to be prepared / adopt and implemented: a) b) Name and title of person who conducted screening: Date of screening: 30 Annex 2. Environmental and Social Codes of Practice (ESCOP) To manage and mitigate potential negative environmental impacts, the project applies Environmental Codes of Practice (ESCOPs); outlined in this document. The ESCOPs contain specific, detailed and tangible measures that would mitigate the potential impacts of each type of eligible subproject activity under the project. They are marked as relevant for the planning phase, the implementation phase, or the post-implementation phase of activities. They are intended to be simple risk mitigation and management measures, readily usable to the Borrower and contractors. Specific ESCOPs for Infrastructure Subprojects Subproject Environmental Prevention/Mitigation Measures Responsible Type Party Buildings In general a) Design of schools, classrooms, dormitories, laboratories should follow PMT relevant requirements on life and fire safety required by National Construction Building Codes and relevant guidelines from the concerned Ministries. Department (Planning phase) ESU/Safeguard b) Schools: Maximise natural light and ventilation systems to minimise Focal Persons needs for artificial light and air conditioning; use large windows for Supervising bright and well-ventilated rooms. (Planning phase) Firm c) Provide adequate drainage in the building’s immediate surroundings to Contractor avoid standing water, insect related diseases (malaria, etc.) and unsanitary conditions. (Implementation phase) d) Include sanitary facilities such as toilets and basins for hand-washing. (Implementation phase) e) Tiled floors are preferred for easier cleaning and more hygienic. (Planning and implementation phases) f) Manage solid waste and waste water from schools/ food stores/ and laboratories properly (operation phase) Noise during a) Plan activities in consultation with communities so that noisiest PMT construction activities are undertaken during periods that will result in least Construction disturbance. (Planning phase) Department, b) Use when needed and feasible noise-control methods such as fences, ESU/Safeguard barriers or deflectors (such as muffling devices for combustion engines Focal Persons or planting of fast-growing trees). (Implementation phase) Supervising c) Minimize project transportation through community areas. Maintain a Firm buffer zone (such as open spaces, row of trees or vegetated areas) Contractor between the project site and residential areas to lessen the impact of noise to the living quarters. (Implementation phase) Soil erosion a) Schedule construction during dry season. (Planning phase) PMT b) Contour and minimize length and steepness of slopes. (Implementation Construction phase) Department, c) Use mulch, grasses or compacted soil to stabilize exposed areas. ESU/Safeguard (Implementation phase) Focal Persons d) Cover with topsoil and re-vegetate (plant grass, fast-growing Supervising plants/bushes/trees) construction areas quickly once work is Firm completed. (Post-Implementation phase) Contractor e) Design channels and ditches for post-construction flows and line steep channels/slopes (e.g., with palm frowns, jute mats, etc.). (Post- 31 Subproject Environmental Prevention/Mitigation Measures Responsible Type Party Implementation phase) Air quality a) Minimize dust from exposed work sites by applying water on the PMT ground regularly during dry season. (Implementation phase) Construction b) Avoid burn site clearance debris (trees, undergrowth) or construction Department waste materials. (Implementation phase) ESU/Safeguard c) Keep stockpile of aggregate materials covered to avoid suspension or Focal Persons dispersal of fine soil particles during windy days or disturbance from Supervising stray animals. . (Implementation phase) Firm d) Reduce the operation hours of generators /machines /equipment Contractor /vehicles. (Implementation phase) e) Control vehicle speed when driving through community areas is unavoidable so that dust dispersion from vehicle transport is minimized. (Implementation phase) Water a) Activities should not affect the availability of water for drinking and PMT quality and hygienic purposes. (Implementation phase) Construction availability b) No soiled materials, solid wastes, toxic or hazardous materials should Department be stored in, poured into or thrown into water bodies for dilution or ESU/Safeguard disposal. (Implementation phase) Focal Persons c) Avoid the use of waste water pools particularly without impermeable Supervising liners. Firm d) Provision of toilets with temporary septic tank. (Implementation phase) Contractor e) The flow of natural waters should not be obstructed or diverted to another direction, which may lead to drying up of river beds or flooding of settlements. (Implementation phase) f) Separate concrete works in waterways and keep concrete mixing separate from drainage leading to waterways. (Implementation phase) Solid and a) Segregate construction waste as recyclable, hazardous and non- PMT hazardous hazardous waste. (Implementation phase) Construction waste b) Collect, store and transport construction waste to appropriately Department designated/ controlled dump sites. (Implementation phase) ESU/Safeguard c) On-site storage of wastes prior to final disposal (including earth dug for Focal Persons foundations) should be at least 300 metres from rivers, streams, lakes Supervising and wetlands. (Implementation phase) Firm d) Use secured area for refuelling and transfer of other toxic fluids distant Contractor from settlement area (and at least 50 metres from drainage structures and 100 metres from important water bodies); ideally on a hard/non- porous surface. (Implementation phase) e) Train workers on correct transfer and handling of fuels and other substances and require the use of gloves, boots, aprons, eyewear and other protective equipment for protection in handling highly hazardous materials. (Implementation phase) f) Collect and properly dispose of small amount of maintenance materials such as oily rags, oil filters, used oil, etc. Never dispose spent oils on the ground and in water courses as it can contaminate soil and groundwater (including drinking water aquifer). (Implementation 32 Subproject Environmental Prevention/Mitigation Measures Responsible Type Party phase) g) Manage solid waste and waste water from schools/dormitories/food stores/ and laboraties properly (operation phase) h) After each construction site is decommissioned, all debris and waste shall be cleared. (Post-Implementation phase) Asbestos a) If asbestos or asbestos containing materials (ACM) are found at a PMT construction site, they should be clearly marked as hazardous waste. Construction (Implementation phase) Department b) The asbestos should be appropriately contained and sealed to ESU/Safeguard minimize exposure. (Implementation phase) Focal Persons Supervising c) Prior to removal, if removal is necessary, ACM should be treated with a Firm wetting agent to minimize asbestos dust. (Implementation phase) Contractor d) If ACM is to be stored temporarily, it should be securely placed inside closed containers and clearly labeled. (Implementation phase) e) Removed ACM must not be reused. (Implementation and post- implementation phase) Health and a) When planning activities of each subproject, discuss steps to avoid PMT Safety people getting hurt. (Planning phase) Construction It is useful to consider: Department • Construction place: Are there any hazards that could be removed ESU/Safeguard or should warn people about? Focal Persons • The people who will be taking part in construction: Do the Supervising participants have adequate skill and physical fitness to perform Firm their works safely? Contractor • The equipment: Are there checks you could do to make sure that the equipment is in good working order? Do people need any particular skills or knowledge to enable them to use it safely? • Electricity Safety: Do any electricity good practices such as use of safe extension cords, voltage regulators and circuit breakers, labels on electrical wiring for safety measure, aware on identifying burning smell from wires, etc. apply at site? Is the worksite stocked with voltage detectors, clamp meters and receptacle testers? b) Mandate the use of personal protective equipment for workers as necessary (gloves, dust masks, hard hats, boots, goggles). (Implementation phase) c) Follow the below measures for construction involve work at height (e.g. 2 meters above ground (Implementation phase): • Do as much work as possible from the ground. • Do not allow people with the following personal risks to perform work at height tasks: eyesight/balance problem; certain chronic diseases – such as osteoporosis, diabetes, arthritis or Parkinson’s disease; certain medications – sleeping pills, tranquillisers, blood pressure medication or antidepressants; recent history of falls – 33 Subproject Environmental Prevention/Mitigation Measures Responsible Type Party having had a fall within the last 12 months, etc. • Only allow people with sufficient skills, knowledge and experience to perform the task. • Check that the place (eg a roof) where work at height is to be undertaken is safe. • Take precautions when working on or near fragile surfaces. • Clean up oil, grease, paint, and dirt immediately to prevent slipping; and • Provide fall protection measures e.g. safety hardness, simple scaffolding/guard rail for works over 4 meters from ground. d) Keep worksite clean and free of debris on daily basis. (Implementation phase) e) Provision of first aid kit with bandages, antibiotic cream, etc. or health care facilities and enough drinking water. (Implementation phase) f) Keep corrosive fluids and other toxic materials in properly sealed containers for collection and disposal in properly secured areas. (Implementation phase) g) Ensure adequate toilet facilities for workers from outside of the community. (Implementation phase) h) Rope off construction area and secure materials stockpiles/ storage areas from the public and display warning signs including at unsafe locations. Do not allow children to play in construction areas. (Implementation phase) i) Ensure structural openings are covered/protected adequately. (Implementation phase) j) Secure loose or light material that is stored on roofs or open floors. (Implementation phase) k) Keep hoses, power cords, welding leads, etc. from laying in heavily traveled walkways or areas. (Implementation phase) l) If school children/students are in the vicinity, include traffic safety personnel to direct traffic during school hours, if needed. (Implementation phase) m) Control driving speed of vehicles particularly when passing through community or nearby school, health center or other sensitive areas. (Implementation phase) n) During heavy rains or emergencies of any kind, suspend all work. (Implementation phase) o) Fill in all earth borrow-pits once construction is completed to avoid standing water, water-borne diseases and possible drowning. (Post- Implementation phase) Other a) No cutting of trees or destruction of vegetation other than on PMT 34 Subproject Environmental Prevention/Mitigation Measures Responsible Type Party construction site. The MoEYS will procure locally sourced materials Construction consistent with traditional construction practices in the communities. Department (Planning phase) ESU/Safeguard b) No hunting, fishing, capture of wildlife or collection of plants. Focal Persons (Implementation phase) Supervising c) No use of unapproved toxic materials including lead-based paints, un- Firm bonded asbestos, etc. (Implementation phase) Contractor d) No disturbance of cultural or historic sites. (Planning and implementation phases) 35 Annex 3. Environmental and Social Management Plan (ESMP) Template Environmental and social risks and impacts are strongly linked to subproject location and scope of activities. This ESMP should be customized for each specific subproject location and activities. 1. Subproject Information Subproject Title: Estimated Cost: Start/Completion Date: 2. Site/Location Description This section concisely describes the proposed location and its geographic, ecological, social and temporal context including any offsite investments that may be required (e.g., access roads, water supply, etc.). Please attach a map of the location to the ESMP. 3. Subproject Description and Activities This section lists all the activities that will take place under the subproject, including any associated activities (such as building of access roads or transmission lines, or communication campaigns that accompany service provision). 4. ESMP Matrix: Risk and Impacts, Mitigation, Monitoring This section should identify anticipated site-specific adverse environmental and social risks and impacts; describe mitigation measures to address these risks and impact; and list the monitoring measures necessary to ensure effective implementation of the mitigation measures. It may draw from the ESMF’s pre -identification of potential risks/impacts and mitigation measures, as applicable, and drill down further to ensure relevance and comprehensiveness at the site-specific level. For subprojects involving construction, two sets of tables may be needed, for the construction phase and the operation phase. Anticipated Risk Impact Mitigation Impact/Mitigation Monitoring E&S Risks Mitigation and and Location/Timing/Frequency Responsibility Parameter to be Methodology, Responsibility Impacts Management monitored including Measures Location and Frequency 5. Capacity Development & Training Based on the implementation arrangements and responsible parties proposed above, this section outlines any capacity building, training or new staffing that may be necessary for effective implementation. 6. Implementation Schedule and Cost Estimates This section states the implementation timeline for the mitigation measures and capacity development measures described above, as well as a cost estimate for the implementation. The cost estimate can focus on the line items that will be covered by the project implementing agency, with costs of mitigation measures to be implemented by the contractor left to the contractor to calculate. 7. Attachments ESCOPs, site specific SEP etc. 36 IV. Review & Approval Prepared By: ……………………………(Signature) Position: ……………………… Date …………………… Reviewed By: ………………………(Signature) Approved By: ……………………………(Signature) Position: ………………………Date …………………… Position: ……………………… Date ………………… 37 Annex 4. Simplified Labor Management Procedures In accordance with the requirements of World Bank’s Environmental and Social Standard 2 (ESS2) on Labor and Working Conditions, a simplified LMP have been developed for the project. The LMP sets out the ways in which the MoEYS will manage all project workers in relation to the associated risks and impacts. The objectives of the LMP are to: Identify the different types of project workers that are likely to be involved in the project; identify, analyze and evaluate the labor-related risks and impacts for project activities; provide procedures to meet the requirements of ESS 2 on Labor and Working Conditions, ESS 4 on Community Health and Safety, and applicable national legislation. The Labor Management Procedures apply to all project workers, irrespective of contracts being full- time, part-time, temporary or casual. The types of workers that will be included in the project are listed below: • Direct workers – includes National Consultants (engineers, architects, procurement specialists, E&S specialists, supervising firm, HEI safeguards focal persons) and other consultants as needed. • Contracted workers – Includes contractors/subcontractors such as engineers, architects, resident engineer, site engineers, mechanics, electric and plumbing specialists, skilled workers, drivers, machines operator, plants operator and other equipment operator etc., • Primary supply workers – includes those working in companies/factories supply materials for construction, in particular raw materials (including workers in brick kilns industry). Labor Risks The following potential labor risks are identified under the project: • Violation of worker’s rights: Terms and conditions of employment of workers may not be consistent with national legislation or World Bank standards • Violation of worker’s rights: Non-discrimination and equal opportunity of workers may not be consistent with national legislation or World Bank standards • Use of child labor or forced labor • Unsafe work environment and poor working conditions • Workplace injuries and accidents, particularly when operating construction equipment, when working at height on building construction, and when handling heavy equipment and materials • Risks from exposure to hazardous substances (dust, cement, chemicals used in construction etc.) • Sexual exploitation and abuse/sexual harassment (SEA/SH) risks for workers • SEA/SH risks for community members, from workers from outside the project areas • Occupational health and safety and gender base violence • Conflicts between workers and communities Relevant National Labor Legislation The relevant and applicable legislation of Cambodia related to labor management procedure as follow: 38 Labor Law (1997). Chapter 6, Section 2, Article 137 has stated that: In all establishments of any nature, whether they provide vocational training, or they are of a charitable nature or liberal profession, the number of hours worked by workers of either sex cannot exceed eight hours per day, or 48 hours per week. The Labor Law includes provisions on Occupational Health and Safety (OHS) mostly consistent with ESS2 and ESS4 of the World Bank’s Environmental and Social Framework (ESF). In accordance with the Labor Law, the Ministry of Labor and Vocational Training has issued regulations concerning the OHS as follows: - Prakas No 052 dated 01 February 2000 concerning the sanitary toilet - Prakas No 054 dated 01 February 2000 concerning the provision of the safe drink - Prakas No 124 dated 15 June 2001 concerning the heavy object lifting by hand - Prakas No 125 dated 15 June 2001 concerning the air ventilation and sanitation - Prakas No 138 dated 22 April 2003 concerning the Noise at the workplace - Prakas No 106 dated 28 April 2004 concerning the prohibition of working children from the dangerous work place - Prakas No 075 dated 30 March 2011 concerning the Sanitation at the Construction Site - Prakas No 077 dated 30 March 2011 concerning the Information at the Construction Site - Prakas No 078 dated 30 March 2011 concerning the storage, waste management and cleanliness at the construction site. General Applicable Procedures The MoEYS and contractors will apply the following guidelines when dealing with workers: • There will be no discrimination with respect to any aspects of the employment relationship, such as: Recruitment and hiring; compensation (including wages and benefits; working conditions and terms of employment; access to training; job assignment; promotion; termination of employment or retirement; or disciplinary practices. • Harassment, intimidation and/or exploitation will be prevented or addressed appropriately. • Special measures of protection and assistance to remedy discrimination or selection for a particular job will not be deemed as discrimination. • Vulnerable project workers will be provided with special protection. • The MoEYS and contractors will 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. Code of Conduct included in this LMP will be applicable for all project workers. • The MoEYS will ensure compliance with the Code of Conduct including providing briefings/awareness raising on the Code. • The MoEYS and contractors will ensure compliance with occupational health and safety procedures including that the workers are properly trained in application of the standards that are relevant to the work. • The MoEYS and retained contractors will ensure no person under the age of 18 shall be employed. Age verification of all workers will be conducted by the contractors. • The MoEYS will recruit contractors and labor locally to the extent that they are available. • Workers shall be recruited voluntarily, and no worker is forced or coerced into work. • The MoEYS will supervise and monitor to ensure compliance with the above requirements. • All workers will be made aware of the Worker’s Grievance Mechanism (see below) to raise work related grievances, including any sensitive and serious grievances on SEA/SH. Occupational Health and Safety (OHS) Procedures The objective of the procedure is to achieve and maintain a healthy and safe work environment for all project workers (contracted workers and community workers) and the host community. 39 • On procurement for contractors, the MoEYS will avail the ESMF to the aspiring contractors so that contractors include the budgetary requirements for OHS measures in their respective bids. • The contractor will develop and maintain an OHS management system that is consistent with the scope of work, which must include measures and procedures to address all the following topics listed below and in accordance with local legislation and GIIP (as defined by World Bank Group EHSGs). The management system must be consistent with the duration of contract and this LMP. • Contractor will conduct workplace hazards identification and adopt all applicable E&S risk mitigation measures in accordance with local legislation requirements and WBG EHSGs. • Contractor designates a responsible person to oversee OHS related issues at the project site and define OHS roles and responsibilities for task leaders and contract managers. • Contractor should put in place processes for workers to report work situations that they believe are not safe or healthy, and 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 fear of retaliation. • Contractor provides preventive and protective measures, including modification, substitution, or elimination of hazardous conditions or substances informed by assessment and plan. Whenever PPEs are required for the work, it must be provided at no cost for the workers. • Contractor should assess workers’ exposure to hazardous agents (noise, vibration, heat, cold, vapors, chemicals, airborne contaminants etc.) and adopt adequate control measures in accordance with local regulations and WB EHSGs. • Contractors provides facilities appropriate to the circumstances of the work, including access to canteens, hygiene facilities, and appropriate areas for rest. Where accommodation services are provided to project workers, policies will be put in place and implemented on the management and quality of accommodation to protect and promote the health, safety, and well-being of the project workers, and to provide access to or provision of services that accommodate their physical, social and cultural needs. • Contractor provides for appropriate training/induction of project workers and maintenance of training records on OHS subjects. • Contractor documents and reports on occupational incidents, diseases and incidents as per ESMF guidance. • Contractor provides emergency prevention and preparedness and response arrangements to emergency situations including and not limited to workplace accidents, workplace illnesses, flooding, fire outbreak, disease outbreak, labor unrest and security. • Contractor provides remedies for adverse impacts such as occupational injuries, deaths, disability and disease in accordance with local regulatory requirements and Good International Industry Practices. • Contractor shall maintain all such record for activities related to the safety health and environmental management for inspection by the MoEYS or the World Bank. Contractor Management Procedures The objective of this procedure is to ensure that the MoEYS has contractual power to administer oversight and action against contractors for non-compliance with the LMP. • The MoEYS will make available relevant documentation to inform the contractor about requirements for effective implementation of the LMP. • The MoEYS will include the provisions of the ESMF, LMP and other relevant documents into the specification section of the bidding documents. The contractors will be required to comply with these specifications. 40 • Contractor will raise worker awareness on the Code and Conduct. • Contractor will show evidence of OHS and Emergency Preparedness procedures. • The MoEYS will monitor contract’s E&S performance during its regular site visits utilizing contactor reporting or external monitoring/supervision consultants where available. Where appropriate, the MoEYS may withhold contractor’s payment or apply other contractual remedies as appropriate until corrective action(s) is/are implemented on significant non- compliance with the LMP, such as failure to notify the MoEYS of incidents and accidents. Procedures for Primary Suppliers The objective of the procedure is to ensure that labor-related risks, especially child and forced labor as well as serious safety issues to the project from primary supply workers are managed. The MoEYS and all contractors will undertake the following measures: • Procure supplies from legally constituted suppliers. • To the extent feasible, conduct due diligence to ensure that primary suppliers conduct age verifications, employ workers without any force or coercion, and maintain basic OHS systems. Worker Accommodation If accommodations are provided for workers, contractors will ensure that they are provided in good hygiene standards, with fresh drinking water, clean beds, restrooms and showers, clean bedrooms, good illumination, lockers, proper ventilation, safe electrical installation, fire and lightening protection, separate cooking and eating areas. There will be separate facilities provided for men and women. The contractors will be liable to comply with "Workers’ Accommodation: Processes and Standards: A guidance Note" by IFC and the EBRD. Institutional Arrangement for Implementation of the LMP The MoEYS will carry the main responsibility for the implementation and monitoring of the LMP. The Construction Department of the MoEYS will identify subproject activities, prepare subproject designs and bidding documents, as well as procure contractors. The Construction Department of the MoEYS will be responsible for contractor and site supervision, technical quality assurance, certification, and payment of works. The Construction Department of the MoEYS will ensure that labor management procedures are integrated into the specification section of the bidding documents and the procurement contracts. Grievance Mechanism There will be a specific Workers Grievance Mechanism (Worker GM) for project workers as per the process outlined below. This considers culturally appropriate ways of handling the concerns of direct and contracted workers. Processes for documenting complaints and concerns have been specified, including time commitments to resolve issues. Workers will be informed about the relevant Worker GM upon their recruitment and their right to redress, confidentiality and protection against any reprisals from the employer will be stated in the contract. Routine Grievances The process for the Worker GM is as follows: • Any worker may report their grievance in person, by phone, text message, mail or email (including anonymously if required) to the contractor as the initial focal point for information and raising grievances. For complaints that were satisfactorily resolved by the 41 aggrieved worker or contractor within one week of receipt of complaint, the incident and resultant resolution will be logged and reported monthly to the HEIs in each subproject. • If the grievance is not resolved within one week, the contractor (or the complainant directly) will refer the issue to the HEIs in each subproject. The HEI will work to address and resolve the complaint and inform the worker as promptly as possible, in particular if the complaint is related to something urgent that may cause harm or exposure to the person, such as lack of PPE needed during construction. For non-urgent complaints, the HEIs will aim to resolve complaints withing 2 weeks. For complaints that were satisfactorily resolved by the HEIs, the incident and resultant resolution will be logged by the HEIs safeguard focal persons and reported monthly to the ESU as part of regular reporting. Where the complaint has not been resolved, the HEIs will refer to the PMT for further action or resolution. The workers will preserve all rights to refer matters to relevant judicial proceedings as provided under national labor law. At PMT level, each grievance record should be allocated a unique number reflecting year, sequence and township of received complaint. Complaint records (letter, email, record of conversation) should be stored together, electronically or in hard copy. The MoEYS will appoint a Worker GM Focal Person, who will be responsible for undertaking a monthly review of all grievances to analyze and respond to any common issues arising. The Focal Person will also be responsible for oversight, monitoring and reporting on the Worker GM. Serious Grievances In case a 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 contractor or the HEIs or the MoEYS. The contractor will immediately refer the case to the MoEYS. The MoEYS will immediately investigate the case respecting confidentiality and anonymity of the worker. Upon project effectiveness, the MoEYS will designate a Focal Person or Persons for Serious Grievances, which may be the same person working on grievances. These Focal Persons will receive training in investigating serious grievances, relevant laws and regulations, and World Bank standards including the rights of people who file a grievance. The MoEYS and the World Bank will jointly develop culturally-sensitive and locally-appropriate roles and responsibilities, and procedures. In case a direct worker or civil servant has a serious grievance, the staff may directly contact verbally or in writing the Focal Person for Serious Grievances. All complaints received will be filed and kept confidential. For statistical purposes, cases will be anonymized and bundled to avoid identification of persons involved. Code of Conduct This section listing the Code of Conduct that will be used in the Project. • Treat women, children (persons under the age of 18), and men with respect regardless of ethnicity, language, religion, political or other opinion, national, social origin, citizenship status, property, disability, birth or other status. • Do not use language or behavior towards women, children or men that is inappropriate, harassing, abusive, sexually provocative, demeaning or culturally inappropriate. 42 • Do not participate in sexual activity with community members. • Do not engage in sexual favors or other forms of humiliating, degrading or exploitative behavior. • Do not engage in any activity that will constitute payment for sex with members of the communities surrounding the workplace. • Report through the Worker GM suspected or actual gender-based violence against a person of any gender by a fellow worker or any breaches of this Code of Conduct. • Use any computers, mobile phones, or video and digital cameras appropriately, and never to exploit or harass women, children or a vulnerable person through these mediums. • Comply with all relevant local legislation. • Engaging in any of the prohibited activities above can be cause for termination of employment, criminal liability, and/or other sanctions. 43 Annex 5. Chance Find Procedures Cultural heritage encompasses tangible and intangible heritage which may be recognized and valued at a local, regional, national or global level. Tangible cultural heritage, which includes movable or immovable objects, sites, structures, groups of structures, and natural features and landscapes that have archaeological, paleontological, historical, architectural, religious, aesthetic, or other cultural significance. Tangible cultural heritage may be located in urban or rural settings, and may be above or below land or under the water. Intangible cultural heritage, which includes practices, representations, expressions, knowledge, skills—as well as the instruments, objects, artefacts and cultural spaces associated therewith— that communities and groups recognize as part of their cultural heritage, as transmitted from generation to generation and constantly recreated by them in response to their environment, their interaction with nature and their history. In the event that during construction, sites, resources or artifacts of cultural value are found, the following procedures for identification, protection from theft, and treatment of discovered artefacts should be followed and included in standard bidding documents. These procedures take into account requirements related to Chance Finding under national legislation including law on protection of cultural heritage (1996). • Stop the construction activities in the area of chance find temporarily. • Secure the site to prevent any damage or loss of removable objects. In cases of removable antiquities or sensitive remains, a guard shall be arranged until the responsible local authorities take over. These authorities are the Ministry of Culture and Fine Arts/Provincial Department of Culture and Fine Arts/office Culture and Fine Arts and Heritage Protection Police as well as Local Police. • Notify the Heritage Protection Police and/or Local Police and the relevant local authorities and PDCFA immediately. The PDCFA will inform the Ministry of Culture and Fine Arts (MCFA). • The PDCFA shall promptly carry out the necessities and inform the MCFA immediately from the date on which the information is received. • The MCFA would be in charge of evaluation /inspection of the significance or importance of the chance finds and advise on appropriate subsequent procedures. • If the MCFA determines that chance find is a non-cultural heritage chance find, the construction process can resume. • If the MCFA determines chance find is an isolated chance find, MCFA would provide technical supports/advice on chance find treatment with related expenditure on the treatment provided by the entity report the chance find. • Decisions on how to handle the finding shall be taken by the PMTs and Construction Department which could result in changes in layout, conservation, preservation, restoration and salvage • Construction work could resume only after permission is given from the PMTs and Construction Department concerning safeguard of the heritage • Conduct screening/assessment of UXO risks before site clearance. UXO screening/assessment will be carried by certified UXO experts before any physical/construction activities, including mobilization of contractors to construction site, are allowed. • In case UXOs are found by certified experts during on-site screening, removal of UXO will be carried out by certified experts. • A UXO clearance certificate shall be obtained from related authority for each subproject prior to commencing any subproject activities • As part of site-specific ESMP, conduct training and awareness activities for local community with regards to UXO risks and chance finds. 44 Annex 6. Fertilizer and Pest Management Plan The MoEYS will follow the guidelines in this Annex as applicable and provide training to farmers for proper use of fertilizers, pest and disease management in line with this Annex. The MoEYS will encourage the use of bio-pesticides and aim to minimize the use of chemical pesticides when possible. The plan comprises the following three aspects: (i) application of government regulations on pesticide control, (ii) key impacts of pesticides and mitigation measures, and (iii) training on safe use of chemicals. Government Regulations related to Pesticides. The Ministry of Agriculture, Forestry and Fisheries (MAFF) /General Directorate of Agriculture (GDA) is in charge of pesticides management and control. The MAFF/GDA has drafted a law on pesticides control and agricultural equipment uses (June 2010), so far, it has not yet been approved. The use of pesticide is practical, the farmers/users getting recommendation from the pesticide shop/depo, how to use it and its effectiveness and efficiency. The MAFF/GDA has some advices to the pesticide shop/depo: 1) Pesticides shop/Depo is getting license from MAFF/GDA. 2) All pesticides labels needed to translating into Khmer language (with Khmer scripts). 3) The shop/Depo Selling pesticides shall not mixing pesticides with other products/goods. 4) The use of pesticides is the last choice/alternatively. 5) 15-day harvesting the crop product after last pesticide spraying. Key Impacts of Pesticides and Mitigation Measures. Pesticides benefit the farmers for the crop production, nevertheless, they also impose a series of negative impacts on the environment. Pesticides may easily contaminate the air, ground water, surface water, and soil when they run off from fields, escape storage tanks, and not discarded properly. Moreover, pesticides are hazardous to both pests and humans and they become toxic to humans and non-target animal species if suitable precautions are not undertaken during transport, storage, handling and disposal. Most pesticides will cause adverse effects if they are in contact with the skin for a long time or if intentionally or accidently ingested. Pesticides may be inhaled with the air while they are being sprayed. An additional risk is the contamination of drinking-water, food or soil. The following mitigation measures are recommended from different aspects at every stage in order to avoid the adverse impacts on both human and the environment due to pesticides. Stage Mitigation Measures14 Before using 1. Minimize the need for pesticides by practicing integrated management by control strategies pesticides such as cultural control, mechanical control, physical control, biological control and chemical control. 2. Receive recommendations from the MAFF for proper management method for specific crop. General precautions 1. Only choose the pesticides labelled in the national language and do not use the pesticides without any label or with foreign language labels. 2. Select the pesticide which is suitable for specific pests and target plants as described on the label. 3. Do not mix any two or more pesticides at the same time. 4. Follow the instructions for use and the pre-harvest interval (PHI) as prescribed on the label. 5. Use appropriate and correct application techniques to ensure safety for the health of humans, animals and the environment. Label Reading 1. Check the pesticide registration number on your product. 14 Instructions from Safe Use of Pesticides by WHO. 45 Stage Mitigation Measures14 2. Review the date of manufacture and date of expiry. 3.Read the active ingredient and pesticide group on your product. 4. Read the target pests, dosage of product. 5. Read the pre-harvest interval (PHI). 6. Read the storage and disposal procedure for the product. 7. Read the first aid procedure. 8.Follow the instructions and safety precautions precisely written on the label. Storage and 1. Store pesticides in a certain place that can be locked and not accessible to unauthorized people Transport or children. 2. Never be kept in a place where they might be mistaken for food or drink. 3. Keep them dry but away from fires and out of direct sunlight. 4. Store away from water sources. 5. Should be transported in well-sealed and labelled containers. 6. Do not carry them in a vehicle that is also used to transport food. Handling / From Environmental Safety Aspect – Application 1. Application rates must not exceed the manufacturer’s recommendations. 2. Avoid application of pesticides in wet and windy conditions. 3. Pesticides must not be directly applied to streams, ponds, lakes, or other surface bodies. 4. Maintain a buffer zone (area where pesticides will not be applied) around water bodies, residential areas, livestock housing areas and food storage areas. From Health and Safety of User Aspect – 1. Use suitable equipment for measuring out, mixing and transferring pesticides. 2. Do not stir liquids or scoop pesticides with bare hands. 3. Do not spray pesticides at the down-stream direction and during the strong wind. 4. Do not spray pesticides at the high temperature of the day (noon). 5. Do not suck or blow the blocked nozzle. 6. Do not assign pregnant women, lactating mother and children under 18 for handling and use of pesticides. 7. Protective gloves, shoes, long-sleeved shirt and full trousers shall always be worn when mixing or applying pesticides. 8. Respiratory devices (nose mask) shall be used to avoid accidental inhaling. 9. In case if any exposure/body contact with the pesticide, wash-off and seek medical aid. Disposal From Environmental Safety Aspect – 1. Dispose any left-over pesticide by pouring it into a pit latrine. 2. It should not be disposed of where it may enter water used for dinking or washing, fish ponds, creeks or rivers. 3. Do not dispose any empty containers into river, creek, fish ponds and water way. 4. Do not burn any empty containers. 5. Decontaminate the pesticide containers by triple rinsing and use for next application. i.e. part- filling the empty container with water three times and emptying into a bucket or sprayer for next application. 6. All empty package and containers should be returned to the designated organization / individual for safe disposal. 7. If safe disposal is not available, bury the empty package and containers at least 50cm (20 inches) from ground level as much as possible. 8. The hole / disposal site must be at least 100 meters (~300 ft) away from the streams, wells and houses. 9. Do not reuse empty pesticide containers for any purposes. Personal Hygiene 1. Never eat, drink or smoke while handling pesticides. 2. Change clothes immediately after spraying pesticides. 3. Wash hands, face, body and clothes with plenty of water using soap after pesticides handling. Emergency Indications of Pesticide Poisoning Measures General: extreme weakness and fatigue. Skin: irritation, burning sensation, excessive sweating, staining. Eyes: itching, burning sensation, watering, difficult or blurred vision, narrowed or widened pupils. Digestive system: burning sensation in mouth and throat, excessive salivation, nausea, vomiting, abdominal pain, diarrhea. Nervous system: headaches, dizziness, confusion, restlessness, muscle twitching, staggering gait, slurred speech, fits, unconsciousness. Respiratory system: cough, chest pain and tightness, difficulty with breathing, wheezing. 46 Stage Mitigation Measures14 Responsiveness General: If pesticide poisoning is suspected, first aid must be given immediately and medical advice and help must be sought at the earliest opportunity. If possible, the patient should be taken to the nearest medical facility. First Aid Treatment If breathing has stopped: Give artificial respiration (i.e. mouth to mouth resuscitation if no pesticide has been swallowed.) If there is pesticide on the skin: Remove contaminated clothing from the patient and remove the patient from the contaminated area. Wash the body completely for at least 10 minutes, using soap if possible. If no water is available, wipe the skin gently with cloths or paper to soak up the pesticide. Avoid harsh rubbing or scrubbing. If there is pesticide in the eyes: Rinse the eyes with large quantities of clean water for at least five minutes. If there is ingestion: Rinse mouth, give water to drink. Never induce vomiting in unconscious or confused persons, seek medical advice immediately. Trainings. Trainings on pesticide management should be provided to the farmers under relevant component of the project. The following trainings on pesticide management are recommended to be provided: • Training on Policy, Laws and Regulations Regarding to Pesticides Use: To provide basic knowledge about the national laws, rules and regulations. • Trainings for Pest Management: To provide trainings to clearly understand the technical aspect of pesticide and skill in using them such as what are the eligible and prohibited items of pesticide under national regulations, the level of negative impact of each eligible item, how to use them, how to protect and minimize the negative impact on the environment and human while using them, how to keep them before and after used etc. • Storage, handling, usage and disposal of pesticide; To provide trainings about the procedures of storage, handling, usage of pesticide and disposal of pesticides residues or empty containers without affecting the health and safety of user, nearby community and the environment. 47