THE WORLD BANK ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) - May 2019 Eswatini Water Services Corporation Eswatini Water Access Project – P166697 ENVIRONMENTAL and SOCIAL COMMITMENT PLAN (ESCP) May 2019 1|Page THE WORLD BANK ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) - May 2019 Eswatini Water Services Corporation Eswatini Water Access Project ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 1. The Government of the Kingdom of ESwatini is planning to implement the Eswatini Water Access Project P166697 (the Project). Eswatini Water Services Corporation (EWSC) is the implementing agency with the involvement of the following Ministries/agencies/units: of the Ministry of Natural Resources and Energy as the parent ministry and the Ministry of Economic Planning and Development as the project finance coordinating ministry. The International Bank for Reconstruction and Development/International Development Association hereinafter the Bank/the Association has agreed to provide financing for the Project. 2. The Government of the Kingdom of ESwatini through EWSC will implement material measures and actions so that the Project is implemented in accordance with the World Bank Environmental and Social Standards (ESSs). This Environmental and Social Commitment Plan (ESCP) sets out a summary of the material measures and actions. 3. Where the ESCP refers to specific plans or other documents, whether they have already been prepared or are to be developed, the ESCP requires compliance with all provisions of such plans or other documents. In particular, the ESCP requires compliance with the provisions set out in the draft Environmental and Social Impact Assessment and Environmental and Social Management Plans (ESMPs), Stakeholder Engagement Plan and Labor Management Procedures and the Resettlement Policy Framework (and the subsequent Resettlement Action Plan) that have been developed for the Project. 4. The table below summarizes the material measures and actions that are required as well as the timing of the material measures and actions. Government of the Kingdom of ESwatini through EWSC is responsible for compliance with all requirements of the ESCP even when implementation of specific measures and actions is conducted by the Ministry, agency or unit referenced in 1. above. 5. Implementation of the material measures and actions set out in this ESCP will be monitored and reported to the World Bank by Government of the Kingdom of ESwatini through EWSC as required by the ESCP and the conditions of the legal agreement. The World Bank will monitor and assess progress and completion of the measures and actions throughout Project implementation. 6. As agreed by the Bank and Government of the Kingdom of ESwatini through EWSC, 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, Government of the Kingdom of ESwatini through EWSC will agree to the changes with the Bank and will update the ESCP to reflect such changes. Agreement on changes to the ESCP will be documented through the exchange of letters signed between the Bank and the Government of the Kingdom of Eswatini. The Government of the Kingdom of ESwatini through EWSC will promptly disclose the 2|Page THE WORLD BANK ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) - May 2019 updated ESCP. Depending on the project, the ESCP may also specify the funding necessary for completion of a measure or action. 7. Where Project changes, unforeseen circumstances, or Project performance result in changes to the risks and impacts during Project implementation, the Government of the Kingdom of Eswatini shall provide additional funds, if needed, to implement actions and measures to address such risks and impacts, which may include environmental, health and safety impacts. 3|Page THE WORLD BANK ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION 1.0 - MAY 2019 Eswatini Water Access Project ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN March 2019 Summary of the Material Measures and Actions to Mitigate the Timeframe Responsibility / Date of Completion Project’s Potential Environmental and Social Risks and Impacts Authority and Resources/Funding Committed ESCP Monitoring and Reporting REGULAR REPORTING: Prepare and submit regular monitoring Throughout project reports on the implementation of the ESCP. Reports will present Quarterly throughout EWSC Project implementation the state of compliance with the actions set out in the ESCP and, project Implementation Team particularly, in relation to the preparation and implementation of implementation (PIT) the environmental and social management tools and actions referenced in Section 1.4 below. Funding from the Project budget INCIDENTS AND ACCIDENTS NOTIFICATION: Promptly notify any Promptly and no later EWSC PIT Project Throughout project incident or accident related to or having an impact on the Project than 48 hours after Manager, implementation which has, or is likely to have, a significant adverse effect on the taking notice of the Environmental and/or environment, the affected communities, the public or workers. incident or accident. Social Safeguards Provide sufficient detail regarding the incident or accident, Report to the Task Officer(s), indicating immediate measures taken to address it, and include Team Leader of the SHE Officer(s) information provided by any contractor and supervising entity, as Bank appropriate. Funding from the Project budget 4|Page THE WORLD BANK ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION 1.0 - MAY 2019 SUMMARY ASSESSMENT ESS 1: ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS 1.1 ORGANIZATIONAL STRUCTURE: Establish an organizational Prior to EWSC PIT, Project To be maintained throughout structure with qualified staff to support management of E&S risks implementation of the coordinator, Public project implementation in sufficient numbers including at least one Environmental Project Affairs Manager Specialist, one Social Specialist in the PIT and one Community (PAM), Environmental Liaison Officer in each chiefdom responsible for ensuring Health and Safety compliance with the ESF and relevant instruments. Maintain the Manager (EHSM) organizational structure as necessary throughout Project implementation period. Safeguards Team (Environmental Health Safety Manager, Project coordinator, Public Affairs Manager) already in place prior to Appraisal. Funding from the Project budget 1.2 Recruit and thereafter maintain a full time Environmental Recruitment: Before EWSC PIT: Project Throughout Project Specialist, Social Specialist and with qualifications, experience and the start of the Project Coordinator, PAM, implementation under terms of reference satisfactory to the Bank and Community and no later than 3 EHSM Liaison Officers in each chiefdom. months after effectiveness. Funding from Project budget 5|Page THE WORLD BANK ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION 1.0 - MAY 2019 1.3 MANAGEMENT TOOLS AND INSTRUMENTS: Develop disclose and Final versions of the EWSC PIT 12/2019 - 01/2020. implement final versions of the following: E&S instruments will • Environmental and Social Impact Assessment (ESIA) and be issued and related Environmental and Social Management Plan disclosed prior to Funding from the (ESMP) for Component 1; Project approval by Project budget • ESMP for Component 2; the World Bank of • C-ESMP and Site-Specific Management Plan Directors and updated • Traffic Management Plan as necessary. • Health and Safety Management Plan • Emergency Preparedness Plan • Occupational, Health and Safety system (including GBV action plan) • Resettlement Policy Framework (RPF) and subsequent Resettlement Action Plans (RAPs); • Stakeholder Engagement Plan (SEP) including Grievance Redress Mechanism (GRM); • Labour Management Procedures (LMP); 01/2020 EWSC to draft a project implementation manual (or procedures manual) with the environmental and social standards’ section describing in detail: • The role of E&S specialist in preparing the environmental and social standard’s sections to be included in the ToRs, tender documents and works contracts, • The minimum environmental and social clauses to be included in the ToRs and tender documents (including codes of conduct, coordination, reporting and monitoring, and grievance redress mechanisms), • Incorporate environmental and social indicators into the monitoring and evaluation system • Completion timeframes 6|Page THE WORLD BANK ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION 1.0 - MAY 2019 EWSC will develop and implement a health and safety environmental plan in line with environmental legislation and World Bank requirements. • Report on the project’s compliance to Environmental legislation and World Bank requirements. • Update the existing ESWC’s environmental, health and safety monitoring and reporting mechanisms to align with project’s ESMP. 1.4 MANAGEMENT OF CONTRACTORS: Incorporate the relevant Prior to launching EWSC PIT 12/2020 aspects of the ESCP and the E&S documents required under this bidding processes ESCP into the procurement documents with contractors. Funding from the Appoint Construction Contractor and develop contract, which Project budget must include: • Code of ethics and respectful work place behavior • Labor and working conditions • Security of sites o Develop and disclose a Labor Management Plan, which must highlight: o Community and worker’s awareness raising and training on prevention of HIV/AIDS and Gender based violence o Engagement of specialized NGOs present in the country to increase awareness raising and sensitization among communities on GBV, SEA and other health issues o An accessible grievance mechanism for direct workers and contracted workers o Occupational Health, Safety and environmental plans in line with the World Bank EHS guidelines, EWSC OHS guidelines and the country’s OHS regulations o Improve on existing EWSC occupational health and safety mechanisms (e.g. emergency preparedness plans, non-conformance reporting, 7|Page THE WORLD BANK ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION 1.0 - MAY 2019 hazards identification and risk assessment processes, etc.) to align with project ESIA findings and World Bank requirements. 1.5 PERMIT, CONSENTS AND AUTHORIZATION: Obtain or assist in Obtain licenses and Proponents of sub- 01/2020 obtaining, as appropriate, the permits, consents and permits prior to projects will apply and authorizations that are applicable to the Project from relevant carrying out any obtain the requite national authorities, pursuant to applicable national laws. Project activity licenses, permits etc. requiring a license. Comply or cause to comply, as appropriate, with the conditions established in these permits, consents and authorizations EWSC PIT to facilitate throughout Project implementation. this process. Funding from the Project budget. 1.6 THIRD PARTY MONITORING: EWSC will appoint an independent Throughout Project Funding from the From 2nd Year to Project consultant to monitor implementation and compliance to the implementation. Project budget. completion. ESMPs for the duration of the project monitoring phase. Monitoring reports will be generated monthly and submitted Identify expertise no quarterly to the World Bank. later than end of 1st year of Project implementation. Appointment of experts prior to implementation of construction activities. ESS 2: LABOR AND WORKING CONDITIONS 2.1 LABOR MANAGEMENT PROCEDURES: Develop final Labour LMP already EWSC PIT 12/2020 Management Procedures (LMP) consistent with national developed, to be legislation and ESS2. Maintain and implement LMP throughout revised when Project implementation and ensure they are available to Project additional information workers. becomes available prior to execution of any works. 8|Page THE WORLD BANK ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION 1.0 - MAY 2019 To be implemented Funding from the throughout Project Project budget. implementation. 2.1.1 Develop and disclose ToRs for Construction Contractors to Prior to EWSC/Project 06/2020 implement and comply with ESMP. These must include commencement of Manager requesting for contractors’ SHE files. construction activities 2.1.2 Appoint Construction Contractor and develop contract, which Prior to EWSC/project 10/2020 must highlight: commencement of management o Code of ethics and respectful work place behavior construction activities o Labor and working conditions o Security of sites 2.1.3 Develop and disclose a Labor Management Plan (LMP), which Prior to construction Appointed ESIA 06/2019 must highlight: consulting firm/EWSC o Training on prevention of HIV/AIDS, Sexual Exploitation LMP already and Gender based violence developed, to be Funding from project revised when budget additional information becomes available 2.1.4 Improve on existing EWSC’s occupational health and safety Prior to EWSC/SHE 01/2020 mechanisms (that is, emergency preparedness plans, non- commencement of department/appointe conformance reporting, hazards identification and risk construction works d ESIA firm assessment processes, etc.) to align with project ESIA findings, country legal frameworks and World Bank requirements. 2.2 GRIEVANCE MECHANISM FOR PROJECT WORKERS: Develop, To be finalized prior to EWSC/Public Affairs 12/2020 maintain and operate a grievance mechanism for Project workers Project Appraisal. Manager/Construction as described in the LMP. contractors Implement GRM throughout project implementation. To be implemented Funding from project throughout project budget implementation. Prior to engaging project workers and maintained 9|Page THE WORLD BANK ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION 1.0 - MAY 2019 throughout Project implementation. 2.3 OHS MEASURES: Develop and implement occupational, health and Prior to project EWSC PIT/ 12/2020 safety (OHS) plan. implementation and Contractor(s) / maintained Design Engineer(s) Ensure that contractors develop, implement and maintain OHS throughout Project plan(s). implementation. Implement OHS measures throughout Project implementation. Funding from the Project budget 2.4 PROJECT WORKERS TRAINING: Prior to sub-project EWSC PIT/ 12/2020 o Implement training of Project Workers designed to implementation with Contractor(s) / heighten awareness of risks and to mitigate impacts on regular refresher Design Engineer(s) local communities. training. o EWSC and project contractors to design and organize training for workers to increase awareness of on social and environmental risks, code of conduct and mitigation Funding from Project measures. budget 2.6 BASELINE RISK ASSESSMENT: Conduct baseline risk assessment Prior to project EWSC PIT/ Prior to commencement of civil in line with the Project activities and propose control measure to implementation and Contractor(s) / works mitigate risks maintained Design Engineer(s) throughout Project implementation. Funding from Project budget ESS 3: RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT 3.1 WATER USE: Prior to Project EWSC PIT Prior to Project Approval by the Approval as part of the World Bank Finalize the detailed water balance as part of finalizing the ESIA. ESIA process 01/2020 Funding from Project budget ESS 4: COMMUNITY HEALTH AND SAFETY 10 | P a g e THE WORLD BANK ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION 1.0 - MAY 2019 4.1 TRAFFIC AND ROAD SAFETY: Develop and implement Traffic Prior to initiating EWSC 12/2020 Management Plan. construction. PIT/Contractor(s) Maintained throughout Project implementation. Funding from Project budget 4.2 GBV AND SEA RISKS: Prior to initiating Contractor/Public 12/2020 o Develop, disclose and implement LMP that incorporates construction. Affairs Manager/ESIA measures and actions to assess and manage the risks of Maintained firm HIV/AIDS, gender-based violence (GBV) and sexual throughout Project exploitation and abuse (SEA). implementation. o Develop and implement measures and actions to manage SEA and GBV risks as part of ESMP. o Engage a qualified institution to conduct community and workers’ training and awareness on HIV/AIDS, GBV & SEA o Awareness raising on grievance/feedback processes for reporting SEA a& GBV cases 4.3 EMERGENCY RESPONSE MEASURES: Develop and implement Prior to initiating EHSM / Project 12/2020 Emergency Preparedness and Response Plan. construction. Manager Maintained throughout Project implementation. 4.4 SECURITY PERSONNEL: Develop and implement measures and Prior to engaging 12/2020 actions to assess and manage the risks to human security of security personnel/ Contractor project-affected communities and project workers that could prior to initiating arise from the use of security personnel (as highlighted in the construction. ESMP). Maintained throughout Project implementation. 4.5 AWARENESS FOR THE COMMUNITY: Prior to project As part of ESIA process o Conduct scoping meetings for the project community implementation designed to heighten awareness of risks and to mitigate impacts specified in this section. 11 | P a g e THE WORLD BANK ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION 1.0 - MAY 2019 o Induct contractors and train communities and increase awareness on the Project risks and measures to be adopted. Draft SEP prior to Consulting firm/ EWSC o Develop and Implement a Stakeholder Engagement Plan appraisal and updated (SEP) that will focus on and underpin the hiring of local prior to construction (unskilled) labor in order to minimize labor influx Funding from project 08/2019 o The engagement of a community liaison officer to budget facilitate harmonious relationship with community. (Preferably nominated by Tinkhundla). o Monitoring of environmental and social impacts and the effectiveness of designed mitigation measures. ESS 5: LAND ACQUISITION, RESTRICTIONS ON LAND USE AND INVOLUNTARY RESETTLEMENT 5.1 LAND ACQUISITION AND RESETTLEMENT: Assess the nature and Prior to commencing Appointed consulting 12/2019 degree of expected land acquisition, including negotiation for project activities. firm/EWSC/PAM servitudes in privately owned land 5.2 RESETTLEMENT PLANS: Develop and implement resettlement Prior to submission of Appointed consulting 12/2019 action plans [RAPs] consistent with the requirements of the, the final ESIA / ESMP firm/EWSC/PAM national legislation, Resettlement Policy Framework and ESS5. for approval by the EEA. 5.3 MONITORING AND REPORTING: Throughout Project EWSC/PAM/EWSC 12/2019 • Ensure that monitoring and reporting on land acquisition implementation as surveying unit and resettlement activities are conducted separately or as part of regular Funding from project part of regular reporting. reporting. budget • Undertake a close out audit of the RAPs and address any outstanding items before RAP closure 5.4 GRIEVANCE MECHANISM: Develop, disclose and implement the Prior to ESIA consulting 12/2019 arrangements for the grievance mechanism for resettlement commencement of firm/EWSC/Surveying where necessary resettlement activities unit/PAM and maintained throughout project Funds from project implementation. budget Regular reporting on outcomes of the GRM to be established 12 | P a g e THE WORLD BANK ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION 1.0 - MAY 2019 5.5 SERVITUDES: Prior to project EWSC/PAM Conditions of the letter to be o Authorization letter received from the Ministry of appraisal maintained throughout project Transport for the use of the road reserve on MR11. Funding from EWSC implementation ESS 6: BIODIVERSITY CONSERVATION AND SUSTAINABLE MANAGEMENT OF LIVING NATURAL RESOURCES 6.1 DISTURBED ECOSYSTEMS: Develop and maintain a Borrow Prior to sourcing Contractor / EHSM 12/2020 Pits rehabilitation programme material from burrow pits / as part of the ESIA/ESMP process ESS 7: INDIGENOUS PEOPLES/SUB-SAHARAN AFRICAN HISTORICALLY UNDERSERVED TRADITIONAL LOCAL COMMUNITIES 7.1 NO INDIGENOUS PEOPLES HAVE BEEN IDENTIFIED IN THE PROPOSED PROJECT AREA. This standard is not relevant currently as there are no distinct social and cultural groups which have been identified in accordance with ESS7 and in the national context in the project area. ESS 8: CULTURAL HERITAGE 8.1 CHANCE FINDS: During ESIA and EWSC PIT 12/2019 Develop chance finds procedure as part of the sub-projects ESMPs ESMPs processes of to guide what process to follow should cultural heritage elements sub-projects. be encountered during project implementation. Funding from Project During budget Ensure chance finds procedures are reflected in all bid implementation of documents and implemented. sub-projects. 8.2 CULTURAL HERITAGE: Consultation of community structures Prior to project EWSC PIT 12/2019 including chiefdoms to identify any cultural significance areas / implementation and landmarks and measures to address risks and impacts on cultural disturbance of site. heritage. Maintained throughout Funding from Project construction budget ESS 9: FINANCIAL INTERMEDIARIES 9.1 NOT APPLICABLE TO THE PROJECT: This standard is not relevant, as the project has no financial intermediaries. ESS 10: STAKEHOLDER ENGAGEMENT AND INFORMATION DISCLOSURE 10.1 SEP PREPARATION: Prior to appraisal Appointed consulting 06/2019 firm/EWSC/PAM 13 | P a g e THE WORLD BANK ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION 1.0 - MAY 2019 o Draft Stakeholder Engagement Plan (SEP) developed and to be disclosed. Prior to project Funding from project o Update of detailed SEP effectiveness budget 10.2 SEP IMPLEMENTATION: Implement the SEP. Throughout Project EWSC/PAM 08/2019 implementation 10.3 PROJECT GRIEVANCE MECHANISM: Prior to project Appointed ESIA 08/2019 o Grievance mechanism to be developed and outlined in the implementation and consulting SEP and RPF maintained firm/EWSC/PAM o Develop, disclose and implement the arrangements for throughout the grievance mechanism. construction Funds from project o Awareness raising for potential PAPs and communities on Regular reporting budget 12/2019 the existence and processes for submitting grievances throughout project implementation Capacity Support Specify Training to be provided Specify Targeted Groups and Specify Training Completed Timeframe for Delivery Training on occupational health and safety including on Project Workers 12/2020 emergency prevention and preparedness and response arrangements to emergency situations. Training of households on the proposed sanitation systems, Households – During construction of 12/2020 including preventive maintenance the sanitation facilities Awareness on sustainable water use, including reporting All project communities 12/2020 bursts pipes and strategies on water conservation Training of the EWSC Project team on the World Bank EWSC project team 01/2020 procurement processes and ESF Training on ESF EWSC project team, Contractors and 01/2020 Consulting Engineers 14 | P a g e