Republic of Tajikistan OJSHC Barqi Tojik Nurek Hydropower Rehabilitation Project Phase II (Grant No. D685-JT) and Additional Financing (Grant No. _____) ENVIRONMENTAL and SOCIAL COMMITMENT PLAN (ESCP) Draft for Negotiations November 13, 2021 NUREK HYDROPOWER REHABILITATION PROJECT PHASE 2 - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 1. The Republic of Tajikistan (the Recipient) is implementing the Nurek Hydropower Rehabilitation Project, Phase II (the Project1) through the Open Joint Stock Holding Company Barqi Tojik (Barqi Tojik), as Project Implementing Entity. The International Development Association (the Association) has agreed to provide financing for the Project, including the Original Financing (Grant No. D685-TJ), and the Additional Financing (Grant No. ____-TJ). 2. The Recipient shall, and shall cause Barqui Tojik to, carry out the Project in accordance with the Environmental and Social Standards (ESSs). To this end, this Environmental and Social Commitment Plan (ESCP) sets out material measures and actions to be carried out or caused to be carried out by the Recipient, including the timeframes of the actions and measures, institutional, staffing, training, monitoring and reporting arrangements, grievance management and the environmental and social assessments and instruments to be prepared or updated, disclosed, consulted, adopted and implemented under the ESCP and the ESSs, all in a manner acceptable to the Association. This ESCP dated __________, replaces the version dated June 2, 2020. 3. The Recipient is responsible for compliance with all requirements of the ESCP even when implementation of specific measures and actions is conducted by the Project Implementing Entity. 4. Implementation of the material measures and actions set out in this ESCP shall be monitored and reported to the Association by the Recipient and Barqi Tojik as required by the ESCP and the conditions of the Financing Agreement and the Project Agreement, and the Association shall monitor and assess progress and completion of the material measures and actions throughout implementation of the Project. 5. As agreed by the Association and the Recipient, this ESCP may be revised from time to time during Project implementation, to reflect adaptive management of Project changes and unforeseen circumstances or in response to assessment of Project performance conducted under the ESCP itself. In such circumstances, the Recipient shall agree to the changes with the Association and shall update the ESCP to reflect such changes. Agreement on changes to the ESCP shall be documented through the exchange of letters signed between the Association and the Recipient and Barqi Tojik. The Recipient shall promptly disclose the updated ESCP. 6. Where Project changes, unforeseen circumstances, or Project performance result in changes to the risks and impacts during Project implementation, the Recipient shall provide additional funds as needed to implement actions and measures to address such risks and impacts, which may include environmental, social, health and safety risks and impacts. 1 The Project refers to the entire Nurek Hydropower Rehabilitation Project, Phase II, with all sources of funding, including Grant No. D685-TJ (the Original Financing), and Grant No. ______-TJ (the Additional Financing). 2|Page NUREK HYDROPOWER REHABILITATION PROJECT PHASE 2 - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY MONITORING AND REPORTING A REGULAR REPORTING: Prepare and submit regular status update reports on the Quarterly throughout Project Barqi Tojik environmental, social, health and safety (ESHS) performance of the implementation Project, including but not limited to the implementation of the ESCP, status of preparation and implementation of environmental and social instruments required under the ESCP, stakeholder engagement activities, and functioning of the grievance mechanism(s). B INCIDENTS AND ACCIDENTS NOTIFICATION: Promptly notify the Association about occurrence of any incident or Promptly after taking notice of the Barqi Tojik accident related to the Project that has or could have a significant incident or accident, but no later adverse effect on the environment, the affected communities, the than two calendar days from its public, or the workers included, for example, occupational accidents occurrence that could result in serious or minor injuries, falls, vehicle accidents, sexual exploitation and abuse and sexual harassment (SEA/SH), larger spills of chemicals, oils, fuels, major environmental contamination, loss of biodiversity or critical habitat etc. Provide sufficient detail regarding the incident or accident, indicating immediate measures taken or that are planned to be taken to address it, and any information provided by any contractor and supervising entity, as appropriate. Subsequently, as per the Association’s request, submit a report that Within 10 calendar days after the Barqi Tojik provides details of the circumstances and causes that led to the initial report incident or accident and the actions taken to prevent any recurrence. Notification/reporting system shall be in place throughout Project implementation. C Require contractors and supervising firms to provide monthly Reports shall be submitted to the Barqi Tojik monitoring reports on ESHS performance. Provide such reports to the Association upon request. Association upon request. 3|Page NUREK HYDROPOWER REHABILITATION PROJECT PHASE 2 - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY ESS 1: ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS 1.1 ORGANIZATIONAL STRUCTURE: Maintain the existing organizational with qualified staff and resources Maintenance of ESMS - throughout Barqi Tojik to support management of ESHS risks and impacts of the Project Project implementation. including Environmental and Social staff with clear responsibilities to implement all commitments stated in the Project ESIA, ESMP, SEP, and LMP in a manner satisfactory to the Association. 1.2 The Project Management Consultant (PMC), an international firm, was Specialist shall be recruited prior to Barqi Tojik also contracted to conduct construction supervision consultancy, contractors’ being contracted including implementation of environmental and social due diligence. Ensure that the PMC has at least one full-time specialist responsible for supervising contractor ESHS performance. Specialist must have training and expertise in occupational health and safety. The specialist may be employed by Barqi Tojik and seconded to PMC, or employed by PMC directly. 1.3 ENVIRONMENTAL AND SOCIAL ASSESSMENT/ MANAGEMENT TOOLS AND INSTRUMENTS: Barqi Tojik The Nurek HPP ESIA has been updated to include the assessment of ESIA and ESMP shall be implemented the potential scale and risk of the Phase 2. Both the updated Nurek throughout Project implementation. HPP ESIA and the Nurek Bridge ESMP shall continue to be implemented in accordance with ESSs and in a manner acceptable to the Association. Include into bidding documents for civil works requirement for bidders Throughout contractor selection to submit their Management Strategies and Implementation Plans process (MSIP) as required by Nurek HPP ESIA and Nurek bridge ESMP. Include ESHS specialist on proposal evalation team and include ESHS past performance and information in proposal as evaluation factors for award. 4|Page NUREK HYDROPOWER REHABILITATION PROJECT PHASE 2 - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY 1.4 MANAGEMENT OF CONTRACTORS: Incorporate the relevant aspects of the ESCP, including, inter alia, the Prior to the preparation of Barqi Tojik relevant environmental and social instruments and codes of conduct procurement documents. into the ESHS specifications of the procurement documents and Supervise contractors throughout contracts with contractors and supervising firms. Thereafter ensure Project implementation. that the contractors and supervising firms comply and cause subcontractors to comply with the ESHS specifications of their respective contracts. Ensure that the existing civil works contractor for rehabilitation of nine Prior to commencement of civil generating units updates its existing C-ESMP, including Materials and works for rehabilitation of six units Waste Management Plan, Hazardous Waste Management Plan, Occupational Health and Safety (OHS) Plan and the Labor Management Procedure (LMP). The works for rehabiltation of six units under the Project can commence only after the update was completed to the satisfaction of the Association. Ensure that the civil works contractors for rehabilitation of Nurek Prior to commencement of civil bridge and buildings at Nurek HPP site develop C-ESMP, including a works detailed Materials and Waste Management Plan, Hazardous Waste Management Plan, OHS Plan,Traffic Management Plan, and Contractor’s Labor Management Procedure (C-LMP) to the satisfaction of the Association. 1.5 TECHNICAL ASSISTANCE Throughout Project implementation Barqi Tojik Ensure that the consultancies, studies, capacity building, training, and any other technical assistance activities under the Project are carried out in accordance with terms of reference acceptable to the Association, that incorporate the relevant requirements of the ESSs. Ensure that any outputs from the technical assistance activities are consistent with the ESSs. 5|Page NUREK HYDROPOWER REHABILITATION PROJECT PHASE 2 - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY ESS 2: LABOR AND WORKING CONDITIONS 2.1 LABOR MANAGEMENT PROCEDURES: Update, adopt, and implement the LMP including, inter alia, provisions Prior to commencement of civil Barqi Tojik on working conditions, occupational health and safety (including works for rehabilitation of six units personal protective equipment, and emergency preparedness and response), code of conduct, grievance arrangements for Project workers, and applicable requirements for contractors, subcontractors, and supervising firms (including, relevant national laws and other ESS2 requirements, such as adoption of a code of conduct, prevention of all forms of forced labor and child labor) consistent with ESS2. Submit to the Association’s approval the Labor Management Throughout Project implementation Procedure (C-LMP) of the existing civil works contractor for rehabilitation of nine generating units, including six under the Project. The C-LMP shall cover all nine generating units, including the three units under Phase 1. No activities requiring LMP shall be conducted in relation to rehabilitation of six units under the Project (Phase 2) until the updated LMP is approved. Until approval of updated LMP, the rehabilitation of three units under Phase 1 shall be carried out under existing C-LMP of the civil works contractor consistent with ESS2. PMC shall monitor and enforce Contractors’ and subcontractors’ adherence to the requirements of the C-LMP. 6|Page NUREK HYDROPOWER REHABILITATION PROJECT PHASE 2 - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY 2.2 GRIEVANCE MECHANISM FOR PROJECT WORKERS: Implement the workers’ grievance redress mechanism that is part of Throughout Project implementation Barqi Tojik Barqi Tojik’s LMP. Prior to commencement of civil Ensure that the existing contractor for rehabilitation of nine units under works for rehabilitation of six units the Project (Phase 2) updates the GRM for its employees as per updated C-LMP, or implements the Barqi Tojik GRM, and that it requires the same of its subcontractors. The existing GRM of Barqi Tojik shall continue to be used by the contractor while rehabilitating six units under Phase 2. Prior to commencement of civil Ensure that the contractors for rehabilitation of Nurek bridge and works buildings at Nurek HPP site develop and implement their GRM for their employees as per C-LMP, or implement the Barqi Tojik GRM, and that contractors require the same of their subcontractors. Throughout Project implementation Barqi Tojik shall maintain and operate GRM with support from PMC. 2.3 OHS MEASURES: Require the existing contractor for rehabilitation of nine units to update Prior to commencement of civil Barqi Tojik and submit for PMC review and approval OHS Plan that covers all nine works for rehabilitation of six units units and meets applicable OHS requirements of the updated Nurek HPP ESIA. The existing OHS Plan of the contractor would continue to be used for rehabilitation of three units under Phase 1. Require contractors for rehabilitation of Nurek bridge and buildings at Nurek HPP site to develop and submit for Project Management Prior to commencement of civil Consultant’s review and approval OHS Plan that meets applicable OHS works for rehabilitation requirements of the Nurek bridge ESMP and relevant requirements of Barqi Tojik, ESS2, and World Bank Group’s Environmental Health and Safety Guidelines (EHSGs). 7|Page NUREK HYDROPOWER REHABILITATION PROJECT PHASE 2 - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY Require Nurek HPP to update OHS Plan to include provisions for Prior to signing of the amendment to Barqi Tojik working alongside civil works contractors during the construction include the rehablitation of six units period, and monitoring implementation of the Plan. into the scope of the existing contract Barqi Tojik shall enforce OHS measures with support from PMC. Throughout Project implementation 2.4 PROJECT WORKERS TRAINING: Require the contractors to deliver training of contract workers to raise At minimum once every quarter, Barqi Tojik awareness about their contractual rights and obligations, the Code of throughout Project implementation Conduct, and how to do their jobs safely. ESS 3: RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT 3.1 MANAGEMENT OF WASTE AND HAZARDOUS MATERIALS: Barqi Tojik shall review and approve the Materials and Hazardous Prior to mobilization Barqi Tojik Waste Management Plans of the contractors for rehabilitation of Nurek bridge and other buildings at Nurek HPP site and enforce the compliance with those measures, all consistent with ESS3 and in a manner acceptable to the Association. Enforce compliance of the existing contractor for rehabilitation of nine Throughout Project implementation generating units with its Materials and Hazardous Waste Management Plans, including the Asbestos Management Plan that was approved in Phase 1, all consistent with ESS3 and in a manner acceptable to the Association. ESS 4: COMMUNITY HEALTH AND SAFETY 4.1 TRAFFIC AND ROAD SAFETY: Barqi Tojik shall require the bridge rehabilitation contractor to submit Prior to contractor mobilization Barqi Tojik for its review and approval a Traffic Management Plan and to enforce Enforce: throughout Project contractor’s compliance with the plan thereafter, consistent with ESS4 implementation and in a manner acceptable to the Association. Plan by bridge contractor shall include requirements for notifying public of closures and restrictions on use during construction. 8|Page NUREK HYDROPOWER REHABILITATION PROJECT PHASE 2 - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY 4.2 COMMUNITY HEALTH AND SAFETY: Assess and manage specific risks and impacts to the community arising Throughout Project implementation Barqi Tojik from Project activities including, inter alia, potentially hazardous waste risks, health and safety risks when working in deep waters, road safety risks, and risks to workers, nearby communities and other road users, SEA/SH risks, in accordance with the ESIA and ESMP, consistent with ESS4 and in a manner acceptable to the Association. Require training of all workers in Code of Conduct requirements Training: at induction and annually concerning interactions with communities, consult with community thereafter leaders as needed to identify issues associated with worker interactions with community members, and take appropriate actions to intervene to address issues. 4.2.1 Ensure Nurek bridge construction does not interfere with water line Throughout the Project Barqi Tojik that crosses the bridge. If temporary interruption is necessary, ensure implementation Nurek authorities are notified in advance. 4.3 DAM SAFETY: Adopt and thereafter implement an Emergency Preparedness Plan To be adopted by March 31, 2023 Barqi Tojik (EPP), Dam Operation and Maintenance (O&M) Plan, and the and implemented thereafter Instrumentation Plan consistent with ESS4 and in a manner acceptable throughout Project implementation to the Association. Install dam safety monitoring equipment and complete repair works By December 31, 2025 to improve dam safety. Maintain the dam safety panel comprising of dam safety specialist, Throughout the Project geologist, and an electro-mechanical expert, with terms of reference implementation and composition acceptable to the Association, to, inter alia, review and advise on matters related to safety and other critical aspects of the dam, its appurtenant structures, the catchment area, the area surrounding the reservoir, and downstream areas, as relevant. 9|Page NUREK HYDROPOWER REHABILITATION PROJECT PHASE 2 - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY 4.4 SECURITY PERSONNEL: The hiring and use of any security personnel by Nurek HPP or any Prior to engaging of security Barqi Tojik other contractor for rehabilitation of Nurek HPP shall be compliant personnel with the requirements of ESS 4. Measures, guided by the principles of proportionality and by applicable law, in relation to hiring, rules of Implement: throughout Project conduct, training, equipping, and monitoring of such personnel shall implementation be adopted, to ensure that the engagement of security personnel are carried out in accordance with the ESS 4 and in a manner acceptable to the Association. 4.4.1 Ensure the Nurek bridge rehabilitation contractor develops and Prior to engaging of security Barqi Tojik implements measures and actions to assess and manage risks to personnel community and to workers from the potential use of security personnel in keeping with the requirements of ESS 4 and in a manner Implement: throughout Project acceptable to the Association. implementation ESS 5: LAND ACQUISITION, RESTRICTIONS ON LAND USE AND INVOLUNTARY RESETTLEMENT ESS 5 is not currently relevant. This Project includes only rehabilitation works. The rehabilitation of generators will be within existing structures. ESS 6: BIODIVERSITY CONSERVATION AND SUSTAINABLE MANAGEMENT OF LIVING NATURAL RESOURCES 6.1 Sanitary Waste Management Plan BT and its PMC shall review the existing Sanitary Waste Management Prior to commencement of civil Barqi Tojik Plan of the contractor for rehabilitation of nine generating units and works for rehabilitation of six units require updates if necessary. Until the update is completed, the existing contractor shall continue rehabilitation of three units under Phase 1 using the existing Plan. Ensure the contractors for rehabilitation of Nurek bridge and the buildings at Nurek HPP site prepare sanitary waste management plan Prior to commencement of civil to prevent leakage of sanitary waste from the work sites into river works waters. Supervise implementation of the Sanitary Waste Management Plan Throughout the Project with support from PMC. implementation 10 | P a g e NUREK HYDROPOWER REHABILITATION PROJECT PHASE 2 - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) ESS 7: INDIGENOUS PEOPLES/SUB-SAHARAN AFRICAN HISTORICALLY UNDERSERVED TRADITIONAL LOCAL COMMUNITIES ESS 7 is not relevant. ESS 8: CULTURAL HERITAGE ESS 8 is not currently relevant. This project is rehabilitation and will not impact outside of current footprint and right-of-way that does not contain cultural heritage. ESS 9: FINANCIAL INTERMEDIARIES ESS 9 is not relevant. ESS 10: STAKEHOLDER ENGAGEMENT AND INFORMATION DISCLOSURE 10.1 STAKEHOLDER ENGAGEMENT PLAN (SEP) SEP shall be implemented Barqi Tojik The SEP finalized in May 2020 shall be implemented consistent with throughout Project implementation. ESS10, including measures to, inter alia, provide stakeholders with timely, relevant, understandable and accessible information, and consult with them in a culturally appropriate manner, which is free of manipulation, interference, coercion, discrimination and intimidation. Review: annually throughout Project implementation. Review SEP at least annually and update as needed, submit revisions Submit for approval: prior to to the Association for review and approval. adoption of revisions Announce and hold consultation meetings with local communities as Annually throughout Project per SEP. implementation Require bridge contractor/Project Management Consultant to consult Throughout Project implementation with community leaders to communicate schedule of bridge closures/restrictions, require contractor to post signs ahead of closures/restrictions. 11 | P a g e NUREK HYDROPOWER REHABILITATION PROJECT PHASE 2 - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) 10.3 PROJECT GRIEVANCE MECHANISM Throughout Project implementation Barqi Tojik The Project has an established GM system within Barqi Tojik, at national level, and at power plant site/local level. Maintain and operate the Project GM as per SEP, to receive and facilitate resolution of concerns and grievances in relation to the Project, promptly and effectively, in a transparent manner that is culturally appropriate and readily accessible to all Project-affected parties, at no cost and without retribution, including concerns and grievances filed anonymously, in a manner consistent with ESS10. The GM shall also receive, register and address concerns and grievances related to SEA/SH in a safe and confidential manner, including through the referral of survivors to gender-based violence service providers. CAPACITY SUPPORT (TRAINING) CS1 Training of PIU and BT staff on specific aspects of environmental and Throughout the Project Barqi Tojik social assessment and community health and safety. implementation 12 | P a g e