REPUBLIC OF KENYA MINISTRY OF AGRICULTURE, LIVESTOCK, FISHERIES, AND COOPERATIVES STATE DEPARTMENT OF CROP DEVELOPMENT AND AGRICULTURAL RESEARCH NATIONAL AGRICULTURAL VALUE CHAIN DEVELOPMENT PROJECT (NAVCDP) Environmental and Social Commitment Plan February 2022 1 1. The Republic of Kenya (the Recipient) shall implement the National Agricultural Value Chain Development Project (NAVCDP) (the Project), with the Ministry of Agriculture, Livestock, Fisheries, and Cooperatives as the Implementing Agency. The International Development Association (the Association) has agreed to provide financing for the Project. 2. The Recipient shall implement material measures and actions so that the project is implemented in accordance with the Environmental and Social Standards (ESSs). This Environmental and Social Commitment Plan (ESCP) sets out material measures and actions, processes and procedures to be followed, specific documents, instruments, and plans, as well as the timing for each. 3. The Recipient shall also comply with the provisions of any other Environmental and Social (E&S) documents required under the Environmental and Social Framework (ESF) and referred to in this ESCP, such as Environmental and Social Management Framework (ESMF), Environmental and Social Management Plans (ESMPs), Integrated Pest Management Framework (IPMF), Labor Management Procedures (LMP), Security Management Plan (SMP), Resettlement Policy Framework (RPF), Vulnerable and Marginalized Group Framework (VMGF), Sexual Exploitation and Harassment (SEAH) Prevention and Response Plan, and Stakeholder Engagement Plan (SEP) and the timelines specified in those E&S documents. 4. The Recipient 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 or other entities. 5. Implementation of the material measures and actions set out in this ESCP shall be monitored and reported to the Association by the Recipient as required by the ESCP and the conditions of the legal agreement, and the Association will monitor and assess progress and completion of the material measures and actions throughout implementation of the Project. 6. 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 will agree to the changes with the Association 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 Association and the Recipient. The Recipient shall promptly disclose the updated ESCP. 2 7. 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, if needed, to implement actions and measures to address such risks and impacts which may include labor, health and safety, gender-based violence or environmental impacts. 3 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY / AUTHORITY Monitoring and Reporting (i) REGULAR REPORTING: Prepare and submit to the Biannually and annually Ministry of Agriculture, Association regular monitoring progress reports on the throughout the project Livestock, Fisheries, and Environmental, Social, Health and Safety (ESHS) implementation period. Cooperatives (MoALFC) performance of the project, including but not limited to, the implementation of the ESCP, status of preparation and implementation of E&S documents required under the ESCP, stakeholder engagement activities, and the functioning of the grievance mechanism. (ii) INCIDENTS AND ACCIDENTS: Promptly notify the Notification to the Ministry of Agriculture, Association of any incident or accident related to the Association within 48 hours Livestock, Fisheries and project which has, or is likely to have, a significant of first becoming aware of Cooperatives adverse effect on the environment, the affected incident or accident. communities, the public or workers including child abuse, gender-based violence, insecurity issues to the implementation of the project, labour issues and working conditions with respect to contract and contractors, community health and safety with respect to civil works along prioritized value chains, or any conflict amongst beneficiaries or beneficiaries, service providers, and stakeholders. Provide sufficient detail regarding any 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 Report submitted to the entity, as appropriate. Association within 15 days of first learning of the accident Subsequently, as per the Association’s request, prepare or incident, or on another a report on the incident or accident, including a root- timeframe acceptable to the cause analysis, and propose any measures to prevent its Association. recurrence. 4 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY / AUTHORITY ESS1 Assessment and Management of Environmental and Social Risks and Impacts 1.1 ORGANIZATIONAL STRUCTURE: Overall coordination of The National Project Ministry of Agriculture, the project shall be by the Ministry of Agriculture, Coordination Unit (NPCU) Livestock, Fisheries and Livestock, Fisheries, and Cooperatives (MoALFC) and shall be fully established Cooperatives and the relevant government agencies, departments, and before funds disbursement participating 26 counties. counterparts in the respective project counties. for all project activities and maintained throughout project implementation. The Social Safeguards For all Project activities the MoALFC shall maintain an Specialist, GBV expert, organizational structure with qualified and experienced Environment Specialist and staff, and resources to support management of the communications environment and social risks of the Project; including specialist shall be hired expediting the appointment and/or hiring and /deployed prior to project deployment of qualified and experienced Environmental effectiveness Specialists, GBV expert, Social Safeguards Specialists/anthropologist, Communications Specialist to support the National Project Coordination Unit (NPCU). For all Project activities the participating counties shall each maintain an organizational structure with qualified The Social Safeguards staff and resources to support management of Specialist and Environment environment and social risks of the Project; including the Specialist at the county level hiring and deployment of qualified and experienced shall be hired /deployed Environmental Specialist and Social Safeguards Specialist prior to disbursement of to support the County Project Coordination unit (CPCU) funds to counties for all on this Project to complement the staff at post. project activities 5 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY / AUTHORITY 1.2 Prepare and adopt the Environmental and Social i. Prepare and adopt Ministry of Agriculture, Management Framework (ESMF) with the following E&S the framework Livestock, Fisheries and instruments as annexes: Integrated Pest Management instruments prior to Cooperatives Framework (IPMF), Sexual Exploitation, Abuse and project effectiveness Harassment (SEAH) prevention and Response Plan, and and maintain Security Management Plan (SMP). In addition prepare throughout the the Labour Management Procedures (LMP), project Resettlement Policy Framework (RPF) and the implementation. Vulnerable Marginalized Groups Framework (VMGF) and disclose to public. ii. Update the environmental and social framework instruments within 12 months of project effectiveness. 1.2 ENVIRONMENTAL AND SOCIAL ASSESSMENT / Ministry of Agriculture, MANAGEMENT PLANS AND ANNUAL COMPLIANCE Livestock, Fisheries and AUDITS: Cooperatives i. Screen every technical assistance activity, sub i. Throughout & 26 participating counties project and microprojects and carry out Project environmental and social impact assessment for implementation, the identified sub-projects as per the with adoption of requirements of the ESMF and during project ESIAs and ESMPs implementation, incorporate the ESIA/ESMP to be completed recommendations in the Contractors ESMPs before the start during implementation and duly comply with any of sub-project applicable requirements in the ESMF during activities. project implementation such as (a) following the guidance on COVID-19 aspects of the Project implementation; (b) carrying out environmental and social risks assessments, preparing, 6 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY / AUTHORITY consulting upon, adopting, publicly disclosing and implementing the respective ESIAs/ESMPs before commencing works in a manner acceptable to the Association. All TA outputs will ii. Annually be prepared consistent with ESS in a manner acceptable to the Association. ii. Carry out annual Environmental and Social implementation audits for the sub-projects. These shall be reviewed and cleared by the Association. 1.3 MANAGEMENT OF CONTRACTORS: Incorporate the i. Prior to the preparation Ministry of Agriculture, relevant aspects of the ESCP, including the relevant E&S of procurement Livestock, Fisheries, and documents and/or plans, and the Labor Management documents. Cooperatives Procedures, into the ESHS specifications of the procurement documents with contractors. Thereafter ensure that the contractors comply with the ESHS specifications of their respective contracts. 7 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY / AUTHORITY ii. Supervise the contractors throughout project implementation 1.4 EXCLUSIONS: Exclude the following types of activities as Throughout project Ministry of Agriculture, ineligible for financing under the project: implementation as part of Livestock, Fisheries, and • Activities that have a high probability of causing the assessment process Cooperatives serious adverse effects to human health and/or the conducted under action 1.2 environment. above. • Activities that may adversely affect lands or rights of Traditional Local Communities or other vulnerable and marginalized groups. • Associated facilities which do not meet the requirements of the ESSs, to the extent that the beneficiaries have control or influence over such associated facilities. • Activities that may have significant adverse social impacts and/ or may give rise to significant social or community conflict. • sub-project/ activity with either adverse impacts on land or natural resources under traditional/customary use or have risks associated with the relocation of VMGs coupled with any negative impact on their cultural sites/heritage • Activities that may involve involuntary resettlement or land acquisition (physical relocation of PAPs). • Investment on land for which clear ownership document is not available. 8 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY / AUTHORITY • Activities that may involve economic displacement of more than 200 PAPs • Activities that may affect or result in impacts on cultural heritage • Any other excluded activities as set out in the ESMF for the Project. ESS2 Labour and Working Conditions 2.1 Relevant aspects of this standard shall be considered, as Throughout project Ministry of Agriculture, needed, under action 1.2 above. implementation Livestock, Fisheries, and Cooperatives 2.2 LABOR MANAGEMENT PROCEDURES: The project shall . Ministry of Agriculture, adopt and implement in accordance with Labor Prepare and adopt the LMP Livestock, Fisheries, and Management Procedures (LMP) and the applicable by project effectiveness. Cooperatives. requirements of ESS2, in a manner acceptable to the Prior to the preparation of Association, including through, inter alia, implementing procurement documents and adequate occupational health and safety measures throughout project (including emergency preparedness and response implementation measures and position of First Aid kits for relevant activities), preventive measures to avoid forced and child labor (including for primary supply workers), training of workers, establishing grievance mechanisms for project workers, signing a code of conduct noted under action 2.3 and incorporating labor requirements into the ESHS specifications of the procurement documents and contracts with contractors and supervising firms. 2.3 The Recipient shall ensure for all unremunerated Throughout the project Ministry of Agriculture, community workers 1) documentation of voluntary implementation and prior to Livestock, Fisheries, and participation; 2) working conditions particularly OHS; implementation of sub Cooperatives. and 3) no disadvantage to those who are not able to project involving community participate (elderly, disabled, women, etc.) contribution of labor. 9 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY / AUTHORITY 2.3 The Recipient shall ensure a non-discriminatory, decent Throughout project Ministry of Agriculture, work environment; including ensuring that all direct and implementation Livestock, Fisheries, and contracted workers adhere to the professional code of Cooperatives conduct developed as part of the LMP. 2.4 The Recipient shall establish a system adequate to Throughout project Ministry of Agriculture, prevent and address Sexual Harassment in the implementation Livestock, Fisheries, and workforce for all Project activities, including the Cooperatives integration of provisions into the code of conduct noted under action 2.3. 2.5 OCCUPATIONAL HEALTH AND SAFETY (OHS) Throughout project Ministry of Agriculture, MEASURES: The Recipient shall prepare and implement implementation Livestock, Fisheries and adequate occupational health and safety measures for Cooperatives workers (including emergency preparedness and response measures) in line with the ESMF/IPMF, LMP and World Bank Group EHS General guidelines. 2.6 GRIEVANCE MANAGEMENT: The project shall establish a Throughout project Ministry of Agriculture, project grievance mechanism, and assignment of focal implementation Livestock, Fisheries and points to address these grievances within MoALFC and Cooperatives. the beneficiary counties. ESS3 Resource Efficiency and Pollution Prevention and Management 3.1 RESOURCE EFFICIENCY AND POLLUTION PREVENTION Preparation before Ministry of Agriculture, AND MANAGEMENT: The Recipient shall prepare, subproject implementation, Livestock, Fisheries and consult on, adopt, publicly disclose, and implement and implementation Cooperatives the following instruments: throughout Project i. Integrated Pest Management Plans (IPMPs), implementation. including emergency response measures ii. Waste Management Plan as part of the ESMPs 10 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY / AUTHORITY 3.2 Relevant aspects of this standard shall be considered, as Throughout project Ministry of Agriculture, needed, under action 1.2 above, including, inter alia, implementation Livestock, Fisheries and measures for: (i) adequate design of pesticide storage, Cooperatives handling, transport, and management facilities (where applicable components 1&2); (ii) the EHSGs, and other relevant Good International Industry Practice (GIIP) guidelines satisfactory to the Association; 3.3 The Recipient shall establish appropriate environmental Throughout project Ministry of Agriculture, monitoring procedures for the implementation of implementation Livestock, Fisheries and environmental risk management measures; as (i) Cooperative designing an appropriate environmental and social management plan in the context of regular project monitoring, (ii) on pesticide application quality, control efficacy and the reporting of incidents, integrated into the IPMP in more detail ESS4 Community Health and Safety 4.1 COMMUNITY HEALTH AND SAFETY: Relevant aspects of Throughout project Ministry of Agriculture, this standard shall be considered, as needed, under implementation Livestock, Fisheries and action 1.2 above. Cooperatives 4.2 The Recipient shall develop and implement measures to Before subproject Ministry of Agriculture, assess and manage health and safety risks and impacts implementation and Livestock, Fisheries and to the community arising from Project activities, throughout project Cooperatives including, inter alia, risks to livestock, crop, fodder, and implementation humans associated with inappropriate use of pesticides during spraying; risks of labor misconduct; related sexual exploitation and abuse; risks of security personnel (if any), etc. and include these measures in the ESMPs to be prepared in accordance with the ESMF, in a manner acceptable to the Association. 11 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY / AUTHORITY 4.3 Under Component 1 & 2, the Recipient shall implement Before subproject Ministry of Agriculture, emergency preparedness measures in case of significant implementation and Livestock, Fisheries, and chemical spills or other health and safety related throughout project Cooperatives. incidents. implementation 4.4 Conduct training for the farmers and communities to Before subproject Ministry of Agriculture, enhance awareness of risks associated with civil works implementation and Livestock, Fisheries, and and to mitigate impacts specified in the EPRP and/or throughout project Cooperatives. IPMPs on commencement of activities. implementation . 4.5 GBV AND SEA RISKS: The Recipient shall prepare and Prepare and adopt prior to Ministry of Agriculture, implement a Sexual Exploitation and Harassment (SEAH) project effectiveness. Livestock, Fisheries and Prevention and Response Plan, to manage the risks of Maintain throughout project Cooperatives. gender-based violence (GBV) and sexual exploitation and implementation abuse (SEA) for both components. The Sexual Exploitation and Harassment (SEAH) Prevention and Response Plan shall specifically address potential risks deriving from SEAH associated with value chain linked investments, market infrastructure and the provision of other project benefits to small holder farmers. 4.7 CONFLICT: The Recipient shall implement activities in Throughout project Ministry of Agriculture, communal areas under Project in a culturally sensitive implementation Livestock, Fisheries and manner, avoiding any aggravation of local communal Cooperatives conflicts, different communities / individuals using the same land. 12 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY / AUTHORITY 4.8 SECURITY: The Recipient shall implement the Security SMP shall be prepared as part Ministry of Agriculture, Management Plan (SMP) consistent with good of ESMF on timeframe Livestock, Fisheries and international practice and ESS4, in a manner acceptable specified in action 1.2, and Cooperatives to the Association, to ensure that the use of security thereafter maintained personnel in the project does not result in adverse throughout project consequences to community health and safety, including implementation. in matters relating to GBV and SEA/SH. The SMP shall be guided by the principles of proportionality and GIIP, and by applicable law, in relation to hiring, rules of conduct, training, equipping, and monitoring of such personnel. Also, the Recipient shall ensure that Project personnel are not exposed to potential security risks in the course of their work. ESS5 Land Acquisition, Restrictions on Land Use and Involuntary Resettlement 5.1 Prepare and adopt Resettlement Policy Framework Prepare and adopt on Ministry of Agriculture, for the Project, that outlines the 1) screening timeframe specified in action Livestock, Fisheries, and process and exclusion criteria; 2) ensure that 1.2 and thereafter Cooperatives farmers and entities participating in the project maintained throughout the have tenure of the land to be used and are not project implementation. displacing other users of the land; 3) if land is to be donated or voluntary sold, the process and transaction fulfill the requirements of ESS5 VLD and are well documented. Should the granting of community lands cause relocation/economic loss of VMG, the RPF shall include guidance to exclude physical relocation and ensure that these voluntary land donations are made willingly in accordance to ESS5 criteria and that principles underlying FPIC are respected. 13 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY / AUTHORITY A RPF shall also outline potential situations of economic loss, eligibility criteria, compensation for economic loss/disturbance allowance, procedures of compensation linked to construction schedule, funding arrangement, implementation arrangement and monitoring arrangement. Ensure that adverse impacts on incomes or livelihoods (if any) that are not a direct result of land acquisition or land use restrictions imposed by the project. shall be addressed in accordance with ESS1. 5.3 Income loss/economic displacement: Income Restoration Plan Ministry of Agriculture, i. NAVCDP will engage with affected communities shall be prepared as part of Livestock, Fisheries, and / Persons / HHs, , through the process of ESMP, approved, disclosed Cooperatives stakeholder engagement described in ESS10 for and implemented prior to all decision-making processes. start of physical works on ii. NAVCDP will prepare income restoration plans site. and budget as part of ESMP if land acquisition under the project result in the economic displacement of persons NAVCDP will make provision for compensation for potential income loss/economic displacement EXCLUSIONS: Activities or investments that require involuntary resettlement, and physical displacement shall be excluded from the Project. ESS6 Biodiversity Conservation and Sustainable Management of Living Natural Resources 14 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY / AUTHORITY 6.1 BIODIVERSITY RISKS AND IMPACTS: Not relevant. Throughout project Ministry of Agriculture, Relevant aspects of this standard shall be considered, as implementation Livestock, Fisheries and needed, under action 1.2 above. The Recipient shall Cooperatives screen sub-projects, prepare, consult on, adopt, publicly disclose, environmental and social impact assessments (ESIAs)/or environmental and social management plans (ESMPs) with relevant mitigation measures for sub- projects infrastructure that are likely to have impacts on biodiversity namely investments aiming at improving irrigation infrastructure (aquatic and riparian fauna) and water structures and pollution to water bodies by pesticides which can affect aquatic fauna. ESS7 Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities 7.1 The project shall be implemented in Counties where Throughout project Ministry of Agriculture, Traditional Local Communities are present (who meet implementation Livestock, Fisheries, and the requirements of ESS7). The Recipient shall ensure Cooperatives that these communities are appropriately informed and can share in the project benefits in an inclusive and culturally appropriate manner with provisions included in the SEP and VMGF. 7.2 Social Assessment (SA) shall determine any specific risks The Social Assessment (SA) Ministry of Agriculture, resulting from the interaction between local social shall be carried out Livestock, Fisheries and structures (culture, traditional institutions, habits) and simultaneously with the Cooperatives livelihood systems with the project activities and outline preparation of value chain in a Vulnerable and Marginalized Group Plan (VMGP) for development plans for 11 counties appropriate ways of engaging with local respective counties. 15 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY / AUTHORITY communities and establish further measures as necessary. 7.3 Ensure that such communities are appropriately Throughout project Ministry of Agriculture, informed about sub- project activities in an inclusive and implementation Livestock, Fisheries and culturally appropriate manner with provisions included Cooperatives in the SEP as well as the VMGPs noted above. 7.4 Ensure that such communities share in the benefits of the VMGPs to be prepared and Ministry of Agriculture, project in an inclusive and culturally appropriate manner approved along with the Livestock, Fisheries and with provisions included in the specific VMGPs based on county specific value chain Cooperatives the social assessment of value chain development plan Development Plan and prior for the each of the 11-beneficiary county with presence to undertaking activities in areas where VMGs are of VMGs. present and implemented throughout the project. 7.5 The Project shall exclude any activities which would Throughout project Ministry of Agriculture, require Free Prior and Informed Consent (FPIC) under implementation Livestock, Fisheries, and ESS7. Cooperatives ESS8 Cultural Heritage 8.1 Relevant aspects of this standard shall be considered, as Before subproject Ministry of Agriculture, needed, in the ESMF as outlined under action 1.2 above. implementation and Livestock, Fisheries, and throughout project Cooperatives implementation ESS9 Financial Intermediaries Not relevant ESS10 Stakeholder Engagement and Information Disclosure 10.1 STAKEHOLDER ENGAGEMENT PLAN: The Project has Adopt and implement the Ministry of Agriculture, prepared and disclosed a Stakeholder Engagement Plan SEP throughout project Livestock, Fisheries and (SEP) consistent with ESS10, in a manner acceptable to implementation Cooperatives the Association. 16 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY / AUTHORITY 10.2 UPDATE SEP: The Recipient shall update and The SEP for the Project shall Ministry of Agriculture, implemented the SEP prior to finalization of value chain be updated within 12 months Livestock, Fisheries and development plans for counties defining further details of project effectiveness and Cooperatives on the operational steps consistent with ESS10, in a when/if necessary, along the manner acceptable to the Association. project cycle. The SEP shall be updated to include additionally appropriate community consultation mechanisms to support an adequate targeting mechanism and to establish appropriate delivery of farm and market linked services. 10.3 STAKEHOLDER ENGAGEMENT AND INFORMATION Throughout project Ministry of Agriculture, DISCLOSURE: Implement the SEP consistent with ESS10, implementation Livestock, Fisheries and including the use of different, culturally appropriate Cooperatives. communication approaches to ensure communication also with the most vulnerable, IP/SSAHUTLC, including illiterate, and people with disabilities. 10.4 GRIEVANCE MECHANISM: Accessible grievance Grievance Mechanism will be Ministry of Agriculture, arrangements shall be made publicly available to receive established by project Livestock, Fisheries and and facilitate resolution of concerns and grievances in effectiveness and Cooperatives. relation to the project, consistent with ESS10, in a maintained .Throughout manner acceptable to the Association. project implementation 10.5 The Recipient shall ensure that Grievance Mechanism Throughout project Ministry of Agriculture, (GM) shall be used to address GBV-related issues and implementation. Livestock, Fisheries and mechanisms to ensure confidentiality and anonymity in Cooperatives. reporting with safe and ethical documenting of GBV 17 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY / AUTHORITY issues. Further, the GM shall immediately notify both the MoALFC and the Association of any GBV complaints, with the consent of the survivor. 10.6 The Recipient shall ensure that project-level GM at Throughout project Ministry of Agriculture, National and county level accept grievances related to implementation. Livestock, Fisheries and security, labour issues, and general project Cooperatives. implementation as is required for any other complaints by target communities and other stakeholders and ensure such are addressed promptly. Capacity Building 11.1 Capacity Building : There shall be training and capacity Within 3 months of project Ministry of Agriculture, building on environmental and social risks management effectiveness and Prior to Livestock, Fisheries and for the NPCU, the 26 CPCUs and CDDs that will participate approval of County Plans. Cooperatives on the project to meet ESF requirements. A training plan Subsequently as per the will be prepared with adequate resource allocation and training plan throughout implemented. The training will focus on the ESS1-10, the project implementation GM, SEA/GBV, code of conduct, OHS and Stakeholder Engagement. Specific training would be organized on E&S screening, exclusion criteria and preparation of sub project ESIA/ESMPs, preventive and tracking measures on child and forced labor, Voluntary land acquisition procedures and management of economic displacement, preparation of VMGPs, SEAH prevention and Response Plan and GM. 18 19