Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework Version 5 16 December 2021 Document History UN-Habitat v0 Sent to UN-Habitat 13 July 2021 v0 UN-Habitat review v1 Sent to UN-Habitat 22 July 2021 v1 UN-Habitat Review 29 July 2021 v2 Sent to UN-Habitat 4 August 2021 v2 UN-Habitat Review 22 August 2021 v2 WB specialist comments Received by UN-Habitat 1 November 2021 v3 Sent to UN-Habitat 11 November 2021 v3 UN-Habitat Review 24 November 2021 v4 Sent to World Bank 1 December 2021 v4 WB RSA Comments Received by UN-Habitats 4 December 2021 v4 WB ESQAT Comments Received by UN-Habitat 7 December 2021 v5 Sent to World Bank 17 December 2021 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Table of Contents Key definitions ......................................................Error! Bookmark not defined. List of abbreviations and acronyms .................................................................. iv Executive Summary .......................................................................................... vi Executive Summary in Arabic...............................Error! Bookmark not defined. 1 Introduction and Background ....................................................................... 1 1.1 Introduction ......................................................................................................... 1 1.2 Background .......................................................................................................... 1 2 Project Description....................................................................................... 5 2.1 Objectives ............................................................................................................. 5 2.2 Geographic Scope of the Project .......................................................................... 5 2.3 Project Components ............................................................................................. 9 Component 1. Housing Recovery (USD 10 million) ................................................................................... 9 Component 2. Emergency Support to Cultural Organizations and Practitioners in Beirut (USD 2 million) ............................................................................................................ Error! Bookmark not defined. Component 3. Project Management and M&E (US$ 1 million) ................................................................ 12 2.4 Project Beneficiaries .......................................................................................... 15 Component 1. Housing Recovery ............................................................................................................. 15 Component 2. Providing emergency support to cultural entities and practitioners in Beirut .................... 15 2.5 Proposed Implementation Arrangements .......................................................... 16 3 Legal and Institutional Framework ............................................................. 24 3.1 Institutional Framework .................................................................................... 24 3.1.1 Housing .......................................................................................................................................... 24 3.1.2 Cultural Heritage ............................................................................................................................ 24 3.2 National Environmental and Social Requirements ............................................ 25 3.2.1 Environment ................................................................................................................................... 25 3.2.2 Building & Construction Laws, Decrees and Regulations ............................................................. 27 3.2.3 Earthquakes .................................................................................................................................... 28 3.2.4 Rent Laws ....................................................................................................................................... 28 3.2.5 Cultural Heritage ............................................................................................................................ 29 3.2.6 Cultural and Creative Industries ..................................................................................................... 31 3.2.7 Built-Property Taxation Law .......................................................................................................... 31 3.2.8 Building Construction..................................................................................................................... 32 3.2.9 Labor Law ...................................................................................................................................... 32 3.2.10 Social Protection ............................................................................................................................. 34 3.2.11 International and regional conventions ........................................................................................... 34 3.3 World Bank Requirements ................................................................................ 34 3.3.1 World Bank Environmental and Social Framework ....................................................................... 34 3.3.2 Environmental and Social Risk Classification ................................................................................ 35 3.3.3 Environmental and Social Commitment Plan ................................................................................. 35 3.3.4 Labor Management Procedures ...................................................................................................... 35 3.3.5 Environment, Health and Safety Guidelines ................................................................................... 35 3.3.6 Stakeholder Engagement and Information Disclosure.................................................................... 35 Page i Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures 3.4 UN-Habitat requirements .................................................................................. 37 3.4.1 Application in the context of the Project ........................................................................................ 38 3.5 Comparison between World Bank requirements and National requirements .... 38 4 Environmental and Social Baseline ............................................................ 52 4.1 Beirut City Baseline ........................................................................................... 52 4.1.1 Topography..................................................................................................................................... 52 4.1.2 Geology and Earthquakes ............................................................................................................... 53 4.1.3 Climate and Precipitation ............................................................................................................... 53 4.1.4 Beirut City Profile .......................................................................................................................... 54 4.1.5 Water Management and Sanitation ................................................................................................. 57 4.1.6 Solid Waste Management ............................................................................................................... 57 4.2 Housing .............................................................................................................. 58 4.2.1 Pre-Blast Analysis on Beirut’s Housing Sector .............................................................................. 58 4.2.2 Housing in Beirut after the Blast .................................................................................................... 60 4.3 Cultural and Creative Industries ....................................................................... 63 4.4 Gender Based Violence ...................................................................................... 65 4.4.1 Background..................................................................................................................................... 65 4.4.2 Increase in GBV Incidents Against Women and Girls ................................................................... 65 4.4.3 Increase in GBV Incidents of Intimate Partner Violence ............................................................... 66 4.4.4 Most Prominent Type of GBV Incidents Reported: Physical Assault and Psychological/Emotional Abuse .............................................................................................................................................. 66 4.4.5 Increase of Incidents of Child Sexual Abuse Against Boys and Sexual Assault Incidents in the Areas of Beirut/Mount Lebanon ..................................................................................................... 67 4.4.6 Risks of Sexual Exploitation .......................................................................................................... 67 4.4.7 Challenges to Reporting GBV Incidents and Effect of Remote Modality of Service Delivery ...... 68 4.5 COVID-19 .......................................................................................................... 68 5 Potential environmental and social risks and mitigation measures.............. 70 5.1 Project Risks ...................................................................................................... 70 5.1.1 Renter exclusion ............................................................................................................................. 70 5.1.2 Tangible cultural heritage ............................................................................................................... 70 5.1.3 Gender Based Violence .................................................................................................................. 77 5.1.4 Seismic risk .................................................................................................................................... 78 5.2 Contractors ........................................................................................................ 78 6 Labor Management Procedures .................................................................. 82 6.1 Overview of labor use in the Project .................................................................. 82 6.1.1 Type of Workers (paragraph 3 of ESS2) ........................................................................................ 82 6.1.2 Labor Influx .................................................................................................................................... 84 6.2 Assessment of key potential labor risks .............................................................. 84 6.3 Overview of labor requirements......................................................................... 85 6.3.1 Comparison of ESS2 and Lebanese Labour Requirements ............................................................ 85 6.3.2 Working conditions and management of workers relationship .................................................... 103 6.3.3 Protecting the Work Force ............................................................................................................ 104 6.3.4 Grievance Mechanism (paragraphs 21-23 of ESS2) ..................................................................... 105 6.3.5 Occupational Health and Safety (paragraphs 24-30 of ESS2) ...................................................... 106 6.3.6 Contracted Workers (paragraphs 31-33 of ESS2) ........................................................................ 107 6.3.7 Primary Supply Workers (Paragraphs 39 to 42 of ESS2) ............................................................. 108 6.4 Responsible Staff ...............................................................................................109 6.4.1 Contractors and subcontractors..................................................................................................... 109 Page ii Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures 7 Procedures for managing the environmental and social risks and impacts of subprojects ............................................................................................... 110 7.1 Exclusion List ....................................................................................................111 7.2 Screening ...........................................................................................................111 7.3 Environmental and Social Risk Management Instruments ...............................112 7.3.1 Subprojects requiring a full ESIA and ESMP .............................................................................. 112 7.3.2 Subprojects only requiring an ESMP ........................................................................................... 112 7.4 Incorporating ESHS requirements in contracts ................................................114 7.5 Consultation and Disclosure Requirements ......................................................115 7.6 Grievance Mechanism .......................................................................................116 7.7 Implementation of UN-Habitat Mitigation Measures........................................116 8 Monitoring and Reporting ........................................................................ 117 8.1 Monitoring Arrangements ................................................................................117 8.2 Subproject Environmental and Social Database ...............................................117 8.3 Monitoring of ESMPs .......................................................................................117 8.4 Monitoring of Contractors ................................................................................118 8.5 Completion Reports ..........................................................................................118 9 Capacity Building and Budget ................................................................. 121 9.1 ESS Specialists ..................................................................................................121 9.2 Capacity Development ......................................................................................121 9.3 Budget ...............................................................................................................122 Annex 1. Template for Subproject Screening................................................. 123 Screening Form for Potential Environmental and Social Issues...............................123 Conclusions of the screening: .................................................................................................................. 124 Annex 2 Relevant Environmental Standards .................................................. 125 Annex 3. Indicative Outline of Subproject ESIA ........................................... 129 Annex 4. Indicative Outline of an ESMP ....................................................... 131 Annex 5. Environmental and Social Requirements for Contractors ................ 133 Contractor Environmental and Social Management Plan (C-ESMP) ...................................................... 133 ESHS Training ......................................................................................................................................... 133 Construction Site Management ................................................................................................................ 134 Health and Safety ..................................................................................................................................... 138 Road safety and Traffic Safety ................................................................................................................ 142 Cultural Heritage ..................................................................................................................................... 143 Emergencies............................................................................................................................................. 143 Stakeholder Engagement ......................................................................................................................... 144 Labor Force Management ........................................................................................................................ 144 Contractor Environmental and Social Reporting ..................................................................................... 148 Page iii Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures List of abbreviations and acronyms 3RF Reform, Recovery and Reconstruction Framework BMLWE Beirut and Mount Lebanon Water Establishment BHI Beirut Heritage Initiative BoQ Bill of Quantities CCI Cultural and Creative Industries CDR Council for Development and Reconstruction CDW Construction Demolition Waste CFP Call for Proposals CSO Civil Society Organization Committee of Experts on the Application of Conventions and CEACR Recommendations of the ILO DGA Directorate General of Antiquities DGU Directorate General of Urbanism DGLAC Directorate General of Local Administration and Councils EHS Environment, Health and Safety EOI Expression of Interest ERP Emergency Response Plan ESCP Environmental and Social Commitment Plan ESF Environmental and Social Framework of the World Bank ESHS Environmental, Social, Health and Safety requirements EHSG Environment, Health and Safety Guidelines of the World Bank Group ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plan ESA Environmental and Social Assessment ESS Environmental and Social Standard GAC Grant Approval Committee GBVIMS Gender Based Violence Information Management GHG Greenhouse Gases GIIP Good International Industry Practice HLP Housing, Land and Property IFI International Financial Institution ILO International Labor Organization ITB Invitation to Bid LCRP Lebanon Crisis Response Plan LFF Lebanon Financing Facility for Reform, Recovery and Reconstruction LMP Labor Management Procedures LRC Lebanese Red Cross MEP Mechanical, Electrical and Plumbing MoB Municipality of Beirut MoC Ministry of Culture MoE Ministry of Environment MoEW Ministry of Energy and Water MoI Ministry of Industry MoIM Ministry of Interior and Municipalities MoSA Ministry of Social Affairs NGO Non-Government Organization OEA Order of Engineers and Architects OHS Occupational Health and Safety PCH Public Corporation for Housing Page iv Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures PIU Project Implementation Unit PoB Port of Beirut PRL Palestinian Refugees from Lebanon PRS Palestinian Refugees from Syria RFP Request for Proposals RHA Risk Hazard Assessment SEA Sexual Exploitation and Abuse SEP Stakeholder Management Plan SH Sexual Harassment SMSE Micro, Small and Medium Enterprise UN United Nations UNDP United Nations Development Program UNESCO United Nations Educational, Scientific and Cultural Organization UNHCR United Nations High Commissioner for Refugees Page v Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Executive Summary This Environmental and Social Management Framework (ESMF) was prepared by UN-Habitat for the Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Project (P176577). The Project aims to support the recovery of Beirut following the August 2020 Port of Beirut Blast (POB), by piloting the rehabilitation of a select number of severely damaged residential heritage buildings and providing emergency support to creative entities and practitioners. The World Bank is financing the Project under the provisions of World Bank OP 10.00, paragraph 12, Projects in Situations of Urgent Need of Assistance or Capacity Constraints. The ESMF was prepared to meet the requirements of the World Bank’s Environmental and Social Framework (ESF), most particularly the Environmental and Social Standard on the Assessment and Management of Environmental and Social Risks and Impacts (ESS1), including the World Bank Group Environment, Health and Safety (EHS) Guidelines. It also seeks to comply with relevant Lebanese laws and regulations, and to meet UN-Habitat’s Environmental and Social Safeguards System (ESSS). The use of a Framework is appropriate and necessary, given that the specific location and activities of each subproject will only be determined during implementation. The ESMF also includes Labor Management Procedures (LMP) to meet the requirements of ESS2. UN-Habitat has also prepared an Environmental and Social Commitment Plan (ESCP) to meet requirements of ESS1, as well as a Stakeholder Engagement Plan (SEP), to meet the requirements of ESS10, Stakeholder Engagement and Information Disclosure. The SEP must be disclosed before Project Appraisal, while the ESCP will be disclosed following negotiations. Project Description Project Components The Project includes three components • Component 1 aims at supporting the return of the displaced households to the targeted buildings. The component is divided in two subcomponents to contribute to this goal: o Residential Housing Rehabilitation o Technical Assistance for Rental Support. • Component 2 will provide grants to affected cultural entities and practitioners operating in targeted CCI for the development of cultural productions. • Component 3 will ensure the coordinated, effective, and efficient management of the Project Implementation arrangements Due to the uncertain political situation in Lebanon, the Project will be implemented without the direct engagement of any governmental entity, yet in collaboration with local authorities and other subnational governments. UN-Habitat will be the non-sovereign Grant Recipient and the fiduciary agency for the implementation of the project and will liaise and partner with local NGOs and other national academic and professional institutions. UN-Habitat will be fully responsible for implementation, environmental and social risk management, fiduciary, monitoring, and reporting arrangements. Page vi Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Environmental and Social Risks and Impacts Environmental Risks The project’s environmental risk has been determined to be Substantial under the ESF. The main environmental risks are associated with this subcomponent may include as associated with building rehabilitation activities, including (i) The consumption of energy, water, and building materials for building rehabilitation, such as paints, cement, steel, sand, or electrical supplies (ii) The generation of solid waste domestic, demolition, and hazardous waste (including asbestos-containing materials from demolition sites) (iii) Nuisance related to dust generation, vibration, and noise (iv) Occupational health and safety workforce hazards, including the increased risk of accidents from inadequate working conditions at construction sites and Covid-19 infections (v) Community health and safety hazards results from work activities particularly for residents settle beside the proposed rehabilitation housing buildings (vi) Increased traffic jams as Beirut is already very congested, and increase accidents Other risks/impacts might result from public awareness campaigns, technical and grant support to cultural organizations and practitioners, and capacity building for local governments The risks include health and safety hazards related to COVID-19, road accidents, domestic solid waste and e-waste generated during training and technical support activities. Social Risks The social risk rating for the Project is Substantial. The social risks include: (i) Under component 1, there is the risk of perception of exclusion by certain vulnerable groups like refugees, displaced people, migrants, poor Lebanese households, female-headed households, persons with disabilities, LGBTIQ communities, and the elderly which may result in social tensions due to perceptions of elite capture, discrimination or other potential conflict arising from the project benefits (ii) Weak communication and outreach and transparency on the eligibility criteria under components 1 and 2 (iii) An inadequately functioning grievance mechanism to handle complaints and concerns (iv) SEA/SH risks Management of Contractors The bulk of the Project environmental and social risks and impacts are related to Contractor activities. Whereas UNOPS and RAP will directly manage the risks related to the selection, design of activities, UNOPS and RAP must cascade environmental and social requirements to all contracted entities (Contractors). UNOPS will mitigate the environmental and social risks and impacts of Contractors by requiring them to meet a detailed set of Environmental, Social, Health, and Safety (ESHS) requirements that directly match the identified risks and impacts. The ESHS requirements include 10 sections 1. Contractor Environmental and Social Management Plan (C-ESMP) 2. ESHS Training 3. Construction Site Management 4. Occupational Health and Safety (OHS) 5. Road safety and Traffic Safety 6. Chance Find Procedures 7. Emergency Preparedness and Response 8. Stakeholder Engagement 9. Labor force management, including the Code of Conduct Page vii Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures 10. Contractor Environmental and Social Reporting Labor Management Procedures The ESMF includes Labor Management Procedures for the Project that define the set of measures required to meet ESS2 requriements. Procedures for managing the environmental and social risks and impacts of subprojects Exclusion list Subprojects that cause significant environmental and social impacts will require a full ESIA and ESMP. Screening The ESS Expert will screen all subproject proposals prepared by UN-Habitat to: (i) determine the environmental and social issues that might be triggered by the subproject, (ii) identify the relevant Environmental and Social Standards (ESS); (iii) determine the appropriate Environmental and Social risk rating for the subproject, and; (iv) specify the type of environmental and social instrument Preparation of ESMPs UN-Habitat will prepare proportionate site specific ESMPs for subprojects not requiring a full ESIA and ESMP, according to the following table of content: • Summary Sheet • Subproject Description • Environmental and Social Baseline • Consultations • Mitigation Instruments UN-Habitat will apply the World Bank’s requirements for consultation and disclosure, as detailed in the Project Stakeholder Engagement Plan. Consultations will be initiated as soon as subprojects screening has been completed and consultation records will be kept in the Project Office. Consultations will take into consideration the sociocultural context of Lebanon, as well as the ongoing COVID-19 epidemic. Incorporating of ESHS Requirements in contracts UN-Habitat will incorporate the relevant ESHS requirements for contracted entities in tender documentation and contract documents, so that potential bidders are aware of environmental and social performance requirements expected from them and are able to reflect them in their bids. The cost to contractors of meeting the ESHS requirements will be included in their respective contracts. UN-Habitat will monitor the performance of contractors relative to these obligations and enforce compliance by contractors with the requirements. Monitoring and reporting UN-Habitat will monitor and report on implementation of the ESMF, with inputs from implementation partners and the TPM agent. The ESS Expert will ensure that monitoring of E&S aspects is included in the Project’s quarterly reports to the World Bank. UN-Habitat will establish a Grievance Mechanism (GM), as detailed in the Project Stakeholder Engagement Plan (SEP; separately disclosed). The ESS Expert in UN-Habitat will handle Project activity-related complaints. UN-Habitat is fully covering, as part of the fee that it will charge the Bank, the cost of the ESS Expert and the Social Development Coordinator, as well as any associated operational costs. Page viii Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures The cost of due diligence for specific subprojects (preparation of the screening form, consultations, GM, preparation of ESMPs, and monitoring) are included in the costs/budget for each subproject. The costs to contactors of implementing the ESHS requirements will be included in their respective contracts. Page ix ‫‪Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery‬‬ ‫‪Environmental and Social Management Framework and Labor Management Procedures‬‬ ‫ملخص تنÙ?يذي‬ ‫ي البيئي واالجتماعي (‪ )ESMF‬من قبل برنامج األمم المتحدة للمستوطنات البشرية (‪)UN-Habitat‬‬‫تم إعداد اإلطار اإلدار‬ ‫جع رقم (‪.)P176577‬‬‫ع "إعادة تأهيل المساكن ودعم الصناعات الثقاÙ?ية واإلبداعية" Ù?ÙŠ بيروت مر‬‫وذلك ضمن مشرو‬ ‫ع إلى دعم تعاÙ?ÙŠ مدينة بيروت Ù?ÙŠ أعقاب انÙ?جار المرÙ?Ø£ Ù?ÙŠ ‪ 4‬آب ‪ 2020‬من خالل تجربة إعادة تأهيل عدد‬‫يهدÙ? المشرو‬ ‫ئ لألÙ?ر‬ ‫اد والمجموعات التي‬ ‫اثية والتي لحقت بها أضر‬ ‫ار جسيمة كما وتقديم الدعم الطار‬ ‫محدد من المباني السكنية ذات قيمة تر‬ ‫ع بموجب أحكام سياسة العمليات الخاصة به (‪)OP10:00‬‬ ‫ال ز‬ ‫الت تمارس صناعة إبداعية‪ .‬يمول البنك الدولي المشرو‬ ‫كانت و‬ ‫الÙ?قر‬ ‫ة ‪ - 12‬المشاريع Ù?ÙŠ حاالت الحاجة الملحة للمساعدة أو القيود المÙ?روضة على اإلمكانات‪.‬‬ ‫ي البيئي واالجتماعي (‪ )ESMF‬لتلبية متطلبات البنك الدولي وعلى األخص المعيار البيئي واالجتماعي‬‫تم إعداد اإلطار اإلدار‬ ‫بشأن تقييم وادار‬ ‫ة المخاطر واآلثار البيئية واالجتماعية (‪ )ESS1‬بما Ù?ÙŠ ذلك البيئة التابعة لمجموعة البنك الدولي وارشادات‬ ‫الصحة والسالمة‪ .‬كما تسعى إلى االمتثال للقوانين والمر‬ ‫اسيم اللبنانية ذات الصلة وتلبية نظام الضمانات البيئية واالجتماعية‬ ‫ع‬ ‫يا ًا‬ ‫نظر ألن الموقع واألنشطة المحددة لكل مشرو‬ ‫مناسبا وضرورً‬ ‫ً‬ ‫(‪ )ESSS‬لبرنامج ‪ .UN-Habitat‬يعد استخدام إطار العمل‬ ‫عي لن يتم تحديدها إال أثناء التنÙ?يذ‪.‬‬‫Ù?ر‬ ‫ة العمل (‪ )LMP‬لتلبية متطلبات المعيار البيئي واالجتماعي‬ ‫اءات إدار‬ ‫ي البيئي واالجتماعي ً‬ ‫أيضا إجر‬ ‫يتضمن اإلطار اإلدار‬ ‫(‪ .)ESS2‬أعد برنامج ‪ UN-Habitat‬خطة االلتز‬ ‫ام البيئي واالجتماعي (‪ )ESCP‬لتلبية متطلبات المعيار البيئي واالجتماعي‬ ‫(‪ )ESS1‬Ù?ضالً عن خطة إشر‬ ‫اك أصحاب المصلحة (‪ )SEP‬لتلبية متطلبات المعيار البيئي واالجتماعي ‪)ESS10( 10‬‬ ‫ع بينما‬ ‫اك أصحاب المصلحة وكشÙ? المعلومات‪ .‬يجب الكشÙ? عن خطة إشر‬ ‫اك أصحاب المصلحة قبل تقييم المشرو‬ ‫واشر‬ ‫سيتم الكشÙ? عن خطة االلتز‬ ‫ام البيئي واالجتماعي (‪ )ESCP‬بعد المÙ?اوضات‪.‬‬ ‫ع‬‫وصÙ? المشرو‬ ‫ع‬‫مكونات المشرو‬ ‫ع ثالثة مكونات‬‫يتضمن المشرو‬ ‫عيين للمساهمة Ù?ÙŠ تحقيق هذا الهدÙ?‪:‬‬‫حة إلى المباني المستهدÙ?ة‪ .‬ينقسم المكون إلى مكونين Ù?ر‬‫المكون األول‪ :‬يهدÙ? إلى دعم عودة األسر الناز‬ ‫‪ o‬إعادة تأهيل المساكن السكنية والمساعدة الÙ?نية لدعم اإليجار‪.‬‬ ‫المستهدÙ?Ø© لتطوير المنتجات الثقاÙ?ية‪.‬‬ ‫ال ز‬ ‫الت تمارس صناعة إبداعية‬ ‫• سيقدم المكون ‪ 2‬هبات مالية لألÙ?ر‬ ‫اد والمجموعات التي كانت و‬ ‫ع‬ ‫سيضمن المكون ‪ 3‬اإلدار‬ ‫ة المنسقة والÙ?عالة والÙ?عالة للمشرو‬ ‫ترتيبات التنÙ?يذ‬ ‫ع دون مشاركة مباشر‬ ‫ة من أي كيان حكومي لكن بالتعاون مع السلطات المحلية‬ ‫بسبب الوضع السياسي غير المستقر Ù?ÙŠ لبنان سيتم تنÙ?يذ المشرو‬ ‫ع وسيقوم بالتواصل‬‫ى‪ .‬سيكون برنامج ‪ UN-Habitat‬هو المتلقي المباشر للتمريل كما يعتبر الجهة االئتمانية لتنÙ?يذ المشرو‬‫والحكومات المحلية األخر‬ ‫ها من المؤسسات األكاديمية والمهنية الوطنية‪ .‬سيكون برنامج ‪ UN-Habitat‬مسؤو‬ ‫الً‬ ‫وتأسيس شر‬ ‫اكات مع المنظمات غير الحكومية المحلية وغير‬ ‫بالكامل عن التنÙ?يذ وادار‬ ‫ة المخاطر البيئية واالجتماعية واالئتمانية والرصد وترتيبات اإلبالغ‪.‬‬ ‫‪Page x‬‬ ‫‪Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery‬‬ ‫‪Environmental and Social Management Framework and Labor Management Procedures‬‬ ‫مخاطر واآلثار البيئية واالجتماعية‬ ‫المخاطر البيئية‬ ‫ع على أنها كبير‬ ‫ة بموجب اإلطار البيئي واالجتماعي (‪ .) ESF‬قد تشمل المخاطر البيئية الرئيسية المرتبطة بهذا‬ ‫تم تحديد المخاطر البيئية للمشرو‬ ‫عي ما يرتبط بأنشطة إعادة تأهيل المباني بما Ù?ÙŠ ذلك ‪ )1‬استهالك الطاقة والمياه ومواد البناء إلعادة تأهيل المباني مثل الدهانات واألسمنت‬‫المكون الÙ?ر‬ ‫الذ والرمل أو اإلمدادات الكهربائية‪ )2 ،‬توليد النÙ?ايات الصلبة المنزلية ونÙ?ايات الهدم والخطر‬ ‫ة (بما Ù?ÙŠ ذلك المواد المحتوية على األسبستوس من‬ ‫والÙ?و‬ ‫از والضوضاء‪ )4 ،‬مخاطر القوى العاملة Ù?ÙŠ مجال الصحة والسالمة المهنية بما Ù?ÙŠ ذلك زيادة‬ ‫عاج المتعلق بتوليد الغبار واالهتز‬‫مواقع الهدم)‪ )3 ،‬اإلز‬ ‫مخاطر الحوادث الناجمة عن ظروÙ? العمل غير المالئمة Ù?ÙŠ مواقع البناء واإلصابة بÙ?يروس ‪ )5 ØŒCovid-19‬تنتج مخاطر صحة المجتمع وسالمته‬ ‫من أنشطة العمل وخاصة بالنسبة للمقيمين الذين يستقرون بجوار مباني المساكن التي يتم إعادة تأهيلها‪ )6 ،‬زيادة االختناقات المرورية ألن بيروت‬ ‫مزدحمة بالÙ?عل وتزيد من الحوادث‪.‬‬ ‫ى عن حمالت التوعية العامة والدعم الÙ?ني والمنح للمؤسسات الثقاÙ?ية والممارسين وبناء القدر‬ ‫ات للحكومات المحلية‪.‬‬ ‫قد تنجم المخاطر‪/‬اآلثار األخر‬ ‫وتشمل المخاطر مخاطر الصحة والسالمة المتعلقة بـ ‪ COVID-19‬وحوادث الطرق والنÙ?ايات الصلبة المنزلية والنÙ?ايات اإللكترونية ولدت أثناء‬ ‫التدريب وأنشطة الدعم الÙ?ني‪.‬‬ ‫المخاطر االجتماعية‬ ‫ع كبير‪ .‬تشمل المخاطر االجتماعية ما يلي‪:‬‬‫تصنيÙ? المخاطر االجتماعية للمشرو‬ ‫ة‬ ‫حين والمهاجرين واألسر اللبنانية الÙ?قير‬‫‪ )1‬Ù?ÙŠ إطار المكون ‪ 1‬هناك خطر تصور االستبعاد من قبل بعض الÙ?ئات ال ضعيÙ?Ø© مثل الالجئين والناز‬ ‫ات االستيالء‬ ‫واألسر التي تعولها النساء واألشخاص ذوي اإلعاقة ومجتمعات المثليين وكبار السن مما قد يؤدي إلى التوتر‬ ‫ات االجتماعية بسبب تصور‬ ‫ع‪.‬‬ ‫على النخبة أو التمييز أو أي صر‬ ‫اع محتمل آخر ناشئ عن Ù?وائد المشرو‬ ‫‪ )2‬ضعÙ? االتصال والتوعية والشÙ?اÙ?ية بشأن معايير األهلية بموجب المكونين ‪ 1‬و ‪2‬‬ ‫‪ )3‬آلية تظلم غير Ù?عالة للتعامل مع الشكاوى والمخاوÙ?‬ ‫‪ )4‬مخاطر ‪SEA / SH‬‬ ‫إدار‬ ‫ة المقاولين‬ ‫ع بأنشطة المقاول‪ .‬Ù?ÙŠ حين أن مكتب األمم المتحدة لخدمات المشاريع وخطة عمل إعادة‬‫ترتبط معظم المخاطر واآلثار البيئية واالجتماعية للمشرو‬ ‫التوطين سيدير‬ ‫ان بشكل مباشر المخاطر المتعلقة باختيار األنشطة وتصميمها ‪ ،‬يجب على مكتب األمم المتحدة لخدمات المشاريع وخطة عمل إعادة‬ ‫التوطين أن ير‬ ‫اعي المتطلبات البيئية واالجتماعية لجميع الكيانات المتعاقدة (المتعاقدون)‪ .‬سيقوم مكتب األمم المتحدة لخدمات المشاريع بالتخÙ?ÙŠÙ? من‬ ‫المخاطر واآلثار البيئية واالجتماعية للمقاولين من خالل مطالبتهم باستيÙ?اء مجموعة Ù…Ù?صلة من المتطلبات البيئية واالجتماعية والصحية والسالمة‬ ‫(‪ ) ESHS‬التي تتطابق بشكل مباشر مع المخاطر واآلثار المحددة‪.‬‬ ‫تتضمن متطلبات البيئة والصحة والسالمة ‪ (ESHS) 10‬أقسام‬ ‫‪ .1‬خطة اإلدار‬ ‫ة البيئية واالجتماعية للمقاول (‪)C-ESMP‬‬ ‫‪ .2‬تدريب البيئة والصحة والسالمة (‪)ESHS‬‬ ‫‪ .3‬إدار‬ ‫ة موقع البناء‬ ‫‪ .4‬الصحة والسالمة المهنية (‪)OHS‬‬ ‫‪ .5‬السالمة على الطرق والسالمة المرورية‬ ‫‪ .6‬إجر‬ ‫اءات البحث عن Ù?رصة‬ ‫ئ واالستجابة لها‬‫‪ .7‬التأهب للطوار‬ ‫‪ .8‬إشر‬ ‫اك أصحاب المصلحة‬ ‫ة القوى العاملة ‪ ،‬بما Ù?ÙŠ ذلك مدونة السلوك‬ ‫‪ .9‬إدار‬ ‫‪ .10‬إعداد التقارير البيئية واالجتماعية للمقاول‬ ‫‪Page xi‬‬ ‫‪Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery‬‬ ‫‪Environmental and Social Management Framework and Labor Management Procedures‬‬ ‫اءات إدار‬ ‫ة العمل‬ ‫إجر‬ ‫ع والتي تحدد مجموعة التدابير المطلوبة لتلبية متطلبات المعيار البيئي‬ ‫اءات إدار‬ ‫ة العمل الخاصة بالمشرو‬ ‫يتضمن إطار اإلدار‬ ‫ة البيئية واالجتماعية إجر‬ ‫واالجتماعي ‪.)ESS2( 2‬‬ ‫عية‬ ‫اءات إدار‬ ‫ة المخاطر واآلثار البيئية واالجتماعية للمشاريع الÙ?ر‬ ‫إجر‬ ‫قائمة االستبعاد‬ ‫اسة تقييم األثر البيئي واالجتماعي (‪ )ESIA‬وخطة اإلدار‬ ‫ة البيئية واالجتماعية‬ ‫ات بيئية واجتماعية كبير‬ ‫ة در‬ ‫عية التي تسبب تأثير‬‫ستتطلب المشاريع الÙ?ر‬ ‫(‪.)ESMP‬‬ ‫عية التي أعدها برنامج ‪ UN-Habitat‬أجل‪ )1( :‬تحديد القضايا البيئية‬‫حات المشاريع الÙ?ر‬‫سيقوم الخبير البيئي واإلجتماعي بتحديد جميع مقتر‬ ‫عي‪ )2( ،‬تحديد المعايير البيئية واالجتماعية ذات الصلة؛ (‪ )3‬تحديد تصنيÙ? المخاطر البيئية واالجتماعية‬‫ع الÙ?ر‬‫واالجتماعية التي قد تنشأ عن المشرو‬ ‫ع األداة البيئية واالجتماعية‪.‬‬‫عي Ùˆ (‪ )4‬تحديد نو‬‫ع الÙ?ر‬‫المناسب للمشرو‬ ‫إعداد خطط اإلدار‬ ‫ة البيئية واالجتماعية‬ ‫اقتصاديا‬ ‫ً‬ ‫تقييما ً‬ ‫بيئيا‬ ‫عية التي ال تتطلب ً‬ ‫سيقوم برنامج ‪ UN-Habitat‬بإعداد خطط اإلدار‬ ‫ة البيئية واالجتماعية الخاصة بالمواقع المناسبة للمشاريع الÙ?ر‬ ‫قا لجدول المحتوى التالي‪:‬‬ ‫كامال وخطة اإلدار‬ ‫ة البيئية واالجتماعية ÙˆÙ?ً‬ ‫ً‬ ‫‪ -‬ورقة الملخص‬ ‫عي‬‫ع الÙ?ر‬‫‪ -‬وصÙ? المشرو‬ ‫‪ -‬خط األساس البيئي واالجتماعي‬ ‫‪ -‬استشار‬ ‫ات‬ ‫‪ -‬أدوات التخÙ?ÙŠÙ?‬ ‫ع‪ .‬ستبدأ‬ ‫سيطبق برنامج ‪ UN-Habitat‬متطلبات البنك الدولي للتشاور واإلÙ?صاح على النحو المÙ?صل Ù?ÙŠ خطة إشر‬ ‫اك أصحاب المصلحة Ù?ÙŠ المشرو‬ ‫ع‪ .‬ستأخذ المشاور‬ ‫ات Ù?ÙŠ االعتبار السياق‬ ‫عية وسيتم االحتÙ?اظ بسجالت االستشار‬ ‫ة Ù?ÙŠ مكتب المشرو‬ ‫المشاور‬ ‫ات بمجرد االنتهاء من تحديد المشاريع الÙ?ر‬ ‫االجتماعي والثقاÙ?ÙŠ للبنان ‪ ،‬Ù?ضالً عن وباء ‪ COVID-19‬المستمر‪.‬‬ ‫دمج متطلبات البيئة والصحة والسالمة (‪ )ESHS‬Ù?ÙŠ العقود‬ ‫سيدمج برنامج ‪ UN-Habitat‬متطلبات البيئة والصحة والسالمة (‪ ) ESHS‬ذات الصلة للكيانات المتعاقدة Ù?ÙŠ وثائق الهبات ووثائق العقود بحيث‬ ‫يكون مقدمو العروض المحتملون على در‬ ‫اية بمتطلبات األداء البيئي واالجتماعي المتوقعة منهم ويكونون قادرين على عكسها Ù?ÙŠ بر‬ ‫امجهم‪ .‬سيتم‬ ‫تضمين تكلÙ?Ø© استيÙ?اء المقاولين لمتطلبات البيئة والصحة والسالمة (‪ )ESHS‬Ù?ÙŠ عقودهم الخاصة حيث سيقوم البرنامج برصد أداء المتعاقدين Ù?يما‬ ‫يتعلق بهذه االلتز‬ ‫امات وانÙ?اذ إمتثال المقاولين للمتطلبات‪.‬‬ ‫المر‬ ‫اقبة والرصد‬ ‫سيقوم برنامج ‪ UN-Habitat‬برصد تنÙ?يذ إطار اإلدار‬ ‫ة البيئية واالجتماعية واإلبالغ عنه مع مدخالت من شركاء التنÙ?يذ وخبير تدابير حماية البيئة‪.‬‬ ‫ع إلى البنك الدولي‪.‬‬ ‫سيضمن خبير ‪ ESS‬تضمين مر‬ ‫اقبة الجوانب البيئية واالجتماعية Ù?ÙŠ التقارير الÙ?صلية للمشرو‬ ‫ع (‪SEP‬‬‫اك أصحاب المصلحة Ù?ÙŠ المشرو‬ ‫سينشئ برنامج ‪ UN-Habitat‬آلية لتقديم الشكاوى واإلقتر‬ ‫احات (‪ )GM‬على النحو المÙ?صل Ù?ÙŠ خطة إشر‬ ‫ع‪.‬‬‫؛ تم الكشÙ? عنها بشكل منÙ?صل)‪ .‬سيتولى خبير ‪ ESS‬Ù?ÙŠ برنامج ‪ UN-Habitat‬معالجة الشكاوى المتعلقة بنشاط المشرو‬ ‫يغطي برنامج ‪ UN-Habitat‬بالكامل كجز‬ ‫ء من الرسوم التي سيتقاضاها البنك تكلÙ?Ø© خبير ‪ ESS‬ومنسق التنمية االجتماعية ‪ ،‬Ù?ضالً عن أي تكاليÙ?‬ ‫تشغيلية مرتبطة بذلك‪.‬‬ ‫‪Page xii‬‬ ‫‪Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery‬‬ ‫‪Environmental and Social Management Framework and Labor Management Procedures‬‬ ‫اء العامين‪ ،‬واعداد خطط اإلدار‬ ‫ة البيئية واالجتماعية‪،‬‬ ‫عية محددة (إعداد نموذج الÙ?رز‪ ،‬والمشاور‬ ‫ات‪ ،‬والمدر‬ ‫يتم تضمين تكلÙ?Ø© العناية الواجبة لمشاريع Ù?ر‬ ‫عي‪ .‬سيتم تضمين التكاليÙ? التي يتحملها المتعاقدون لتنÙ?يذ متطلبات البيئة والصحة والسالمة Ù?ÙŠ العقود‬‫ع Ù?ر‬ ‫اقبة) Ù?ÙŠ التكاليÙ?‪/‬الميز‬ ‫انية لكل مشرو‬ ‫والمر‬ ‫الخاصة بهم‪.‬‬ ‫‪Page xiii‬‬ Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures 1 Introduction and Background 1.1 Introduction 1. This Environmental and Social Management Framework (ESMF) was prepared by UN-Habitat to meet the requirements of the World Bank’s Environmental and Social Framework (ESF)1, as well as national environmental laws and regulations, for the Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Project in Lebanon (P176577). The use of an ESMF is appropriate and necessary, given that the Project consists of many activities at different localities, and that the specific locations and activities of each subproject will only be determined during implementation. 2. The ESMF was prepared to meet the requirements of the World Bank’s Environmental and Social Framework (ESF), most particularly the Environmental and Social Standard on the Assessment and Management of Environmental and Social Risks (ESS1), including the World Bank Group Environment, Health and Safety (EHS) Guidelines. It also seeks to comply with relevant Lebanese laws and regulations, and to meet UN-Habitat’s Environmental and Social Safeguards System (ESSS). 3. The Project ESMF will guide UN-Habitat in ensuring that all project activities meet the requirements of the World Bank’s ESF, including the preparation and implementation of subproject specific environmental and social management instruments. For this purpose, the ESMF details how UN-Habitat will screen each subproject to assess its environmental and social risks and impacts, identify the necessary mitigation measures, and monitor the implementation of Environmental and Social Management Plans (ESMPs), most particularly the environmental and social performance of Project contractors. 4. In addition to meeting the requirements of Environmental and Social Standard 1 (ESS1), Assessment and Management of Environmental and Social Risks and Impacts, the ESMF includes Labor Management Procedures (LMP) to meet the requirements of ESS2, Labor and Working Conditions. UN-Habitat has also prepared an Environmental and Social Commitment Plan (ESCP) to meet requirements of the World Bank’s Standard on the Assessment and Management of Environmental and Social Risks and Impacts (ESS1), as well as a Stakeholder Engagement Plan (SEP), to meet the requirements of ESS10, Stakeholder Engagement and Information Disclosure. The SEP must be disclosed before Project Appraisal, while the ESCP will be disclosed following negotiations. 1.2 Background 5. On August 4, 2020, a massive explosion at the Port of Beirut (PoB) devastated the city, killing at least 200 people, wounding more than 6,000 and displacing around 300,000 individuals2. The explosion affected neighborhoods located within a radius of 5 km from the blast epicenter, causing widespread destruction to homes, businesses, infrastructure, and disrupting economic activity. Heavy destruction took place within a radius of 2 km from the port; Rmeil, Mdawar, and part of Saifi, were the most affected cadasters. 6. In the immediate aftermath of the blast, a Rapid Damage and Needs Assessment (RDNA)3 was undertaken to estimate the impact of the disaster on the population, changes in economic flows, physical assets, infrastructure, and service delivery in Beirut. The RDNA report indicates that 171,000 1 https://www.worldbank.org/en/projects-operations/environmental-and-social-framework 2 From the Project Appraisal Document (PAD) 3 World Bank Group; European Union; United Nations. 2020. Beirut Rapid Damage and Needs Assessment. World Bank, Washington, DC. Page 1 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures housing units were affected by the blast. The buildings damage assessment conducted by the municipality of Beirut and the Order of Engineers and Architects indicates nearly 150 buildings to be structurally damaged. Nearly one year after, most of the non-structural damages have been addressed. Only buildings that require structural rehabilitation are still unfinished. The main destruction affected buildings that were constructed between 1900 and 1940 as they were mainly built using sand stones 7. without reinforced concrete. Total damages were estimated between US$ 3.8-4.6 billion, with the housing and culture sectors as the most severely affected. Losses were estimated at US$ 2.9-3.5 billion, with the housing sector being the hardest hit, followed by the transport and port sector, and the culture sector. 8. Although many of the newly constructed luxurious buildings that are located opposite to the port were heavily affected, they have not been included in support scheme as tenants are considered more affluent. 9. Prior to the explosion, Lebanon was already reeling from multiple crises. These included: (i) spill overs from the conflict in Syria since 2011, which led Lebanon to host the largest refugee per capita population in the world; (ii) a financial and economic crisis that has induced systemic macro-financial failures, including, impairment of the banking sector and risk of deposits; an exchange rate collapse; default on sovereign debt; triple-digit inflation rates; and a severe economic contraction; (iii) impacts from the COVID-19 pandemic due to consequent lockdowns that further exacerbated economic and financial stresses; (iv) social crises coupled with increasing poverty rates led to social unrest and an ongoing political crisis. 10. The influx of displaced Syrians in Lebanon since 2011 led to one of the world’s highest concentrations of displaced people in any country, in a context already affected by high poverty. The total population of Lebanon increased by more than 38 percent between 2010 and 2019, rising from 4.9 million to 6.6 million. According to UN-Habitat, in 2014, one out of every five residents in the country was a refugee, 25 percent of them concentrated in Beirut. As of early 2020, 16.5 percent (914,648) of the registered displaced Syrian population lived in Lebanon, and the Government of Lebanon (GoL) estimates that there are approximately half a million more unregistered displaced Syrians. 11. The PoB explosion has exacerbated the impact of Lebanon’s pre-existing economic and financial crisis. While the economy had already contracted by 1.9 percent in 2018, by October 2019, it plunged into a financial crisis brought about by a sudden stop in capital inflows, which precipitated systemic failures across banking, debt, the exchange rate collapse, and an economic recession of 6.7 percent. Subject to unusually high uncertainty associated with COVID-19 pandemic, real GDP growth contracted by 20.3 percent in 2020 while a 2021 projection indicates a likely contraction of 9.5 percent of GDP. 12. In an effort to address these challenges, the World Bank together with the United Nations (UN), the European Union (EU), civil society, the Government of Lebanon (GOL), and other stakeholders developed the Reform, Recovery and Reconstruction Framework (3RF). The 3RF is part of a comprehensive response to the massive explosion on the Port of Beirut on August 4, 2020. It is a people-centered recovery and reconstruction framework focusing on a period of 18 months that will bridge the immediate humanitarian response and the medium-term recovery and reconstruction efforts to put Lebanon on a path of sustainable development. 13. The 3RF aims to help Lebanon achieve three central goals in response to the Beirut port explosion. First, a people-centered recovery that returns sustainable livelihoods to the affected population; improves social justice for all, including women, the poor, and other vulnerable groups; and ensures participatory decision making. Second, the reconstruction of critical assets, services, and infrastructure that provides equal access for all to quality basic services and enables sustainable economic recovery. Third, the implementation of reform to support reconstruction and to help restore people’s trust in governmental institutions by improving governance. Page 2 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures 7. The 3RF provides a roadmap to operationalize the findings of the RDNA that is structured under four strategic pillars: (a) improving governance and accountability, (b) jobs and opportunities, (c) social protection, inclusion and culture, and (d) improving services and infrastructure. Page 3 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Figure 1. Areas affected by the Beirut Port blast on August 4, 2021 Page 4 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures 2 Project Description 2.1 Objectives 14. The Project aims to support the recovery of Beirut following the POB, by piloting the rehabilitation of a select number of severely damaged residential heritage buildings and providing emergency support to creative entities and practitioners. The Project was prepared under the provisions of World Bank OP 10.00, paragraph 12, Projects in Situations of Urgent Need of Assistance or Capacity Constraints. 15. The Project is structured around two technical components and a project management component. The proposed interventions aim to support the recovery and reconstruction of the areas of Beirut affected by the blast through in-depth consultations with government, civil society, and donors in addition to local and international experience, studies, and assessments. The project will also be coordinated with other recovery activities being implemented in adjacent areas. 16. The Project follows an integrated urban recovery approach that examines the city as a ‘‘cultural constructâ€?, combining its built heritage, social fabric, and cultural and creative industries.4 Beirut’s communities are an intrinsic part of the city’s social fabric, but their vibrant livelihoods have been heavily disrupted by the blast. The project will target residential buildings of heritage value located in vibrant, socially, and culturally significant neighborhoods, as well as support the revival of cultural activities that represent a vital source of livelihoods for cultural workers that will contribute to recreate vibrant neighborhoods. Although the project will intervene in a very small portion of the identified reconstruction and recovery needs, it has the potential to bring back community livelihoods and catalyze the revitalization of the neighborhoods’ vibrancy--all while establishing an integrated reconstruction framework to scale up operations once additional funding becomes available. 2.2 Geographic Scope of the Project 17. The target area consists of three cadasters within a 5 km radius from the blast zone: Rmeil, Medawar and Saifi. 18. The target cadasters are characterized by a vibrant urban fabric rich in its cultural domains and its built environment and spaces such as: Sursock museum and garden, Tobaji Orchard, Villa Audi, EdL, pedestrian stairs such as St. Nicolas, Vendom, Massaad, Gholam. Nonetheless prior to the blast, this traditional urban fabric was disrupted by large roads. 19. Based on the heritage map produced by DGA and Beirut Heritage Initiative (BHI) and which divided the blast affected areas into 19 clusters and following the field survey conducted by UN- Habitat and Live Love Beirut for more than 100 buildings located in the frontline of the city facing the Port and where the impact of the blast has left both tangible and intangible assets under threat. The following figures illustrate the type and condition of buildings being considered for rehabilitation and indicate the locations of damaged building. 4 UNESCO-World Bank. (2018). Culture in City Reconstruction and Recovery (CURE Framework). Washington, DC.: The World Bank Group. https://openknowledge.worldbank.org/handle/10986/30733 Page 5 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Figure 2. Example of a building with level 4 damage Page 6 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Figure 3. Example of a building damaged by the POB Figure 4. Location of the three target cadasters relative to the blast (Medawar: dark red; Saifi: orange; Rmeil: light orange5 5 Taken from UN-Habitat. Beirut Housing, Cultural Heritage and Creative Industries Recovery Project. Eligibility Criteria and Prioritization of Buildings. Powerpoint Presentation, 22 June 2021 Page 7 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Figure 5. Locations of the damaged buildings within the three targeted cadasters. The Project is targeting the buildings not yet considered by anyone Page 8 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures 2.3 Project Components Component 1. Housing Recovery (USD 10 million) 20. This component aims at supporting the return of the displaced households to the targeted buildings. The component is divided in two subcomponents to contribute to this goal: (i) Residential Housing Rehabilitation (ii) Technical Assistance for Rental Support. The housing rehabilitation and the rental technical assistance subcomponents will be implemented as integral parts of the overarching housing recovery strategy and action plan,6 adopting a social stability approach to provide assistance through an area-based lens. Subcomponent 1.1. Historic Housing Rehabilitation (USD 6.75 million) 21. This subcomponent will support the rehabilitation of severely damaged buildings that have been directly impacted by the blast.7 The project will prioritize complex repairs of severely damaged residential units that have not been completely rehabilitated and are located in neighborhoods within 5 km of the epicenter of the blast. A focus will be on a subset of vacant residential buildings that were inhabited by lower-income and vulnerable8 households with low tenure security who may have been temporarily displaced. 22. The subcomponent will not target official, classified buildings of cultural heritage which may be recognized at a local, regional, national, or global level. This subcomponent will not affect the city’s built heritage,9 but instead focus on buildings with historic, architectonic features that contribute to the cultural fabric of the historic neighborhoods of Beirut. The target buildings are viewed from an architectural, aesthetic, spiritual or sociocultural perspective that contribute to the cultural construct of the neighborhood and the overall value from a heritage perspective. Considering the year of construction, the level of damage, and the type of property, a pool of residential buildings with heritage features will be compiled by UN-habitat in consultation with the key stakeholders (FER, DGA, MoB, civil society and Academia), and will be endorsed by the project’s advisory committee that will be established in the first stages of implementation. Based on the long list, the project will prioritize those residential buildings of heritage value that meet the geographic scope, socioeconomic status, level of damage and the heritage value criterion.10 23. A two-step prioritization procedure has been developed for the identification of damaged buildings to be rehabilitated based on i) geographic scope ii) level of damage, iii) socio-economic 6 A housing recovery strategy and an action plan will be developed by the WB in collaboration with UN-Habitat and local stakeholders as part of a separate Advisory services and Analytics (ASA). 7 The buildings currently being considered are two story small apartment buildings. However, the Project might consider slightly larger buildings depending on the prioritization matrix. 8 This includes low-income population, refugees, migrant workers, Female Head-of-Household (FHH), and the LGBTQI+ community. 9 Built Heritage refers to single or groups of architectural works constituting past or contemporary human settlements (i.e., buildings, structures and open spaces) in their urban or rural setting as evidence of a particular civilization, a significant development or a historic event. 10 A two-tier prioritization framework based on i) geographic scope ii) level of damage iii) heritage value, and iv) socio-economic vulnerability will be developed under the POM preparation. The first step will identify a long list of the most damaged buildings of heritage vale within a 5 km radius of the blast, inhabited by socio- economically vulnerable populations. Based on the list of buildings that respond to the four main selection criteria, the second step will apply further criteria to reach the number of buildings the project will rehabilitate. This short list will use the following criteria: i) Private ownership, ii) Having no land acquisition or ownership issue, iii) Not had a rehabilitation after the blast, iv) Have no plan for sales, moves, closure, building demolition or expropriation, v) Containing cultural activities, vi) Vacancy, vii) Renter prevalence. Page 9 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures vulnerability, and iv) heritage value. The first step will be to identify a long list of the most damaged buildings of heritage value within a 5 km radius of the blast, inhabited by socioeconomically vulnerable populations. This list would pull from the pool of buildings previously identified. Based on the first long list of buildings that respond to the four main selection criteria, the second step will apply further criteria to reach the number of buildings the project will rehabilitate. This short list will use the following criteria: i) Private ownership, ii) Having no land acquisition or ownership issue, iii) Not had a rehabilitation after the blast, iv) Have no plan for sales, moves, closure, building demolition or expropriation, v) Containing cultural activities, vi) Vacancy, vii) Renter prevalence. 24. As such, this subcomponent will finance the rehabilitation of approximately 30 severely and moderately damaged buildings affected by the blast. According to the current market rates on the ground, the average total full cycle11 cost for rehabilitating severely damaged units with structural damage12 is US$ 360,000 while the average rehabilitation cost of moderately damaged units without structural damage is US$ 190,000.13,14 25. The project will engage with the community to facilitate participation of vulnerable households in the decision process for housing rehabilitation to generate ownership, promote sustainability, and develop new capabilities. Owners and tenants will be consulted to provide the historic background of the building to better inform the rehabilitation. Moreover, their inputs on the less-technical interventions (i.e., finishes) and the BoQ will be integrated into the architectonic, architectural, and engineering drawings, to the extent possible. 26. The building rehabilitation process will follow a Build Back Better (BBB) approach.15 This entails rehabilitation in ways that are stronger (more productive and resilient), faster (limiting the impact of shocks), and more inclusive (ensuring nobody is left behind). The project will adopt the national construction code and best international construction practices. In addition to structural strengthening of buildings, it is envisaged that the rehabilitation of residential buildings will also be aimed at increasing climate change mitigation and building accessibility. To the extent possible targeted households will benefit from improvements in energy efficiency and reduced energy demand (e.g., insulation, windows, heating/cooling systems, lighting), renewable energy (e.g., rooftop solar photovoltaic) and water efficiency (e.g., low flush toilets, low water shower heads, rainwater capture and reuse). Improving accessibility for elderly and disabled groups, and as needed measures to reduce fire risk, such as detection, alarms, and egress will be considered for each building, but will depend on the regulations surrounding buildings of CH value. 27. The identification of a long list of buildings targeted will be made on the basis of the following criteria: • Geographic scope. The Project will intervene in the 5 km boundaries of the explosion, with a possible emphasis on Medawar and Rmeil districts due to the high concentration of blast- damaged buildings with heritage value and because of the least support for residential recovery until now, according to the assessment conducted by UN-Habitat. • Level of damage. The Project will utilize a sliding scale approach, prioritizing assistance to structurally endangered and heavily damaged buildings followed by buildings of moderate damage (L2 and L3 level of damage, according to the UN damage assessment). 11 From design to delivery. 12 UN-Habitat defined a threshold for the buildings’ level of damage: L1 for buildings with cosmetic damage, L2 for buildings with major but not structural damage, L3 for buildings with structural damage. 13 The estimated rehabilitation cost may change according to the type of damage (i.e., constructive elements affected and severity of the damage) 14 Since the Project will be addressing severely damaged buildings, the structural assessments, design document and permitting must be considered in the breakdown of costs. 15 The approach adopted by the Project is consistent with several ESS objectives. Page 10 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures • Socioeconomic vulnerability. The Project will prioritize the poorest and the most vulnerable households affected by the blast (e.g., low-income, FHH, refugees), based on a socioeconomic field survey. The vulnerability criteria consider social (i.e., presence of elderly, female headed households, people with disabilities, refugees, building located in an area of higher social vulnerability) and economic vulnerability (i.e., household receiving rental support, presence of CCI, level of income). • Cultural value. The Project will rehabilitate residential buildings of heritage value that are not included in the Cultural Heritage classification of UNESCO and DGA. The Project will consider non-official cultural heritage classifications conducted by UN-Habitat, BBHR, NGO and CSOs as well as buildings of heritage value to the community yet may not be officially classified, and validated by the Ministry of Culture through the DGA 28. The identification of the short list of buildings targeted will be made on the basis of the following criteria: • Private ownership. The Project will only intervene in those buildings owned by (or ownership assigned to) the private sector, excluding publicly owned enterprises, private buildings with public agency tenants. • No land acquisition or ownership issue. The Project will be implemented involving mainly buildings and apartment units with individual or corporate private ownership. This will help in ensuring the sustainability of achieved outputs as targeted direct beneficiaries will be eager to sustain achieved restoration of their housing units. • No rehabilitation after the blast. The Project will not intervene in those buildings affected by the blast already rehabilitated. • No plan for sales, moves, closure, building demolition or expropriation. The Project will not rehabilitate buildings that are planned to any change on their physical or legal status. Consultations with the municipality of Beirut and the OEA on the status of these buildings in terms of sale will be conducted. • Presence of cultural activities. The Project will prioritize those buildings containing activities of intangible cultural heritage, which includes practices, representations, expressions, knowledge, skills—as well as the instruments, objects, artifacts 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. • Vacancy. The Project will prioritize the most damaged buildings that have been assessed are unsafe to live in and are therefore vacant. • Renter prevalence. The Project will prioritize the buildings that are most occupied by renters. Subcomponent 1.2 Technical Assistance for Rental Support (USD 0.05 million) 29. The Rental Support subcomponent will provide: (i) support to beneficiaries (tenants and owners) of subcomponent 1.1 to achieve sustainable rental agreements (ii) capacity development to renters in the districts of Rmeil and Medawar for them to advocate for renters’ rights and minimize eviction risk. 30. The intended outcome of this component is to promote the return of the vulnerable households who were living in the affected area prior to the explosion and facilitate stability on their rental agreements for a reasonable period after the rehabilitation, to be discussed in the early phases of implementation. To do so, the subcomponent will tackle housing and property (renter–owner) legal disputes within selected buildings to facilitate the return of affected households, promoting affordable rental housing and minimize eviction risk. As such, the first activity will leverage the improvements works conducted under subcomponent 1.1. to ensure displaced tenants are able to return to their homes Page 11 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures with preferential rental agreements (i.e., long-term contract, rental cap). The second activity will inform the tenants of the selected neighborhood of their rental rights to minimize the risk of eviction. 31. The first activity of the assistance aims at ensuring preferable rental conditions for tenants of buildings rehabilitated under component 1.1 by providing tools to negotiate with landlords. The objective of this activity is to support the stability and sustainability of tenants’ rental agreements by providing them with mechanisms to promote long-term contracts, mitigate the impact of potential rent increases16 and prevent evictions. This process will include: (i) Identify the legal issues pertaining to property rights in the selected buildings, which may hinder the return of affected households (ii) Ensure tenants have proper Housing, Land Property (HLP) documents and both parties understand the necessary legal agreements (iii) Review and put forth legal remedies related to the identified renter–owner disputes in selected buildings (iv) Facilitate rental cost threshold arrangements between landlords and tenants prior to works (v) Negotiate through legal advice and coordinate the development of official lease agreements for concerned beneficiaries based on Lebanese laws and regulations. 32. At the same time, mitigation efforts will be built into the agreements with the landlords to prevent real estate speculation. 33. Capacity development and outreach and awareness campaigns will be conducted to make vulnerable households aware of the rental laws and risk of eviction. This second activity will include: (i) Conduct awareness-raising and capacity-building sessions on housing and property rights targeting tenants and owners and relevant local and international NGOs. The training will involve awareness of their rights under housing laws, guidance on how best to minimize the risk of evictions and displacement, how to read rental contracts, negotiate with landlords and provide insight into affordable housing solutions available in the affected areas. (ii) Conduct capacity-building and outreach campaigns to enhance relevant governmental entities’ engagement in addressing identified housing and property issues. PCH will advise lawyers and NGOs on a policy level on the policy environment to ensure renters rights are clear. (iii) Document the learning process to inform the progressive development of the Housing Recovery Strategy17 and other ongoing affordable housing initiatives Component 2: Emergency Support for Cultural and Creative Industries Recovery (US$ 2.14 million) 34. There is a sharp decline in cultural productions with physical and financial damages to CCI leading to the loss of livelihoods of cultural actors, dependent on the revenue generated through their cultural work. With more than 55% of 200 mapped CCI permanently or temporarily closed,18 there has been a significant exodus of cultural actors from the sector and from the affected neighborhoods. Urgent emergency support is essential to sustain the livelihoods of the remaining cultural actors and recover the vibrancy and cultural identity of affected neighborhoods. 16 An inflation of the real estate and rental prices is expected due to rehabilitation improvements 17 The Housing Recovery Strategy will be developed by the World Bank in parallel as part of an ASA linked to this operation. 18 UNESCO Lebanon. Beirut CCI Survey. 2020. Page 12 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures 35. The objective of this component is to provide grants to affected19 cultural entities20 and practitioners21 operating in targeted CCI for the development of cultural productions.22 This component will finance, and technically support the rollout of cultural productions in neighborhoods affected by the PoB explosion. The following indicative CCI will be targeted: i) performing arts; ii) visual arts and crafts; iii) intangible cultural heritage; iv) audio-visual and interactive media; v) heritage and tourism activities; and vi) literature and press.23 Eligible expenses under the grants scheme are expected to be technical services, equipment, artist fees and operational/running costs. Construction costs, works and repairs are an example of costs that will be excluded, with a comprehensive list of ineligible expenses spelled out in the Project Operations Manual (POM). The timeframe of implementation of each cultural production must not exceed 12 months from the grant approval date. Subcomponent 2.1 Technical Support for Cultural Actors 36. An extensive outreach and communication campaign will be conducted to reach out to cultural entities and practitioners operating in Beirut and raise awareness about the project. The campaign will be rolled out by a local organization hired by UNESCO with the following proposed tasks: i) development of needed communication materials; ii) raising awareness about the project; and iii) preliminary identification of interested eligible beneficiaries. Technical support will be provided to cultural entities and practitioners for the design and implementation of cultural productions; cultural entities and practitioners with low capacity will be prioritized. To ensure adequate technical support, the same local organization engaged on the communication and outreach campaign will also perform this technical role. Subcomponent 2.2. Provision of Grants for Cultural Production 37. To access support, cultural entities and practitioners will apply for grants under component 2. The Grant Approval Committee (GAC) chaired by UNESCO and comprised of external members (on a pro-bono basis), representatives of both ministerial institutions and local cultural entities active within the cultural sector, will be set up. UNESCO will set clear controls and guidelines to ensure clear, equitable and accountable management of funds. It is expected that the grants will be disbursed in at least two installments. The POM will spell out the details related to the calls for proposals, mechanics of disbursement of grants and the required documentation to be submitted by grantees, such as narrative and financial reports. 19 The term “affectedâ€? refers to eligible applicants that have sustained physical damages, and/or indirect economic losses linked to actual physical damages, inside and outside of the hazard area, in the entirety of the city of Beirut. 20 “Entitiesâ€? are defined as local cultural institutions/centers/associations of a non-profit nature, formal, based in Beirut. The definition also includes informal non-profit associations such as local “collectivesâ€?, based in Beirut, with at least 3 years of experience/good track record in the CCI. 21 “Practitionersâ€? are low-income cultural workers operating in Beirut. Practitioners have at least 3 years of experience/good track record in the CCI. 22 Cultural production refers to activities of a cultural/artistic and or heritage nature, producing an output of human creativity. Moreover, this definition is not limited to only the output of human creativity but includes other activities that contribute to the creation and distribution of cultural and creative products. Eligible outputs also include capacity building and skills development workshops and neighborhood level festivals/fairs across targeted CCI. Examples of cultural productions are described in the technical analysis section. 23 Definitions of CCI refer to the UNESCO-World Bank report on CCI: UNESCO; World Bank. 2021. Cities, Culture, Creativity: Leveraging Culture and Creativity for Sustainable Urban Development and Inclusive Growth. Paris: UNESCO, and Washington, D.C.: World Bank. © World Bank and UNESCO. https://openknowledge.worldbank.org/handle/10986/35621 License: CC BY-SA 3.0 IGO. Targeted CCI are selected according to the categories defined by the UNESCO-World Bank report on CCI and are detailed further in the technical analysis section. Page 13 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures 38. The criteria that guided the prioritization process of cultural and creative industries are the geographic scope, the socio-economic inclusion and the local ecosystem: i) geographic scope: selected CCI are present or relevant in the neighborhoods affected by the PoB explosion; ii) socio-economic inclusion: selected CCI are run, implemented by or benefit vulnerable groups and individuals (identified as low-income youth and women, persons with disabilities, the elderly, LGBTIQ+, refugees, displaced people and migrants); and iii) prevalence/ecosystem of cultural entities/practitioners: selected CCI are primarily composed of local cultural institutions/centers/associations of a non-profit nature and by self-employed cultural workers. 39. The targeting of the CCI sectors and subfields will be based on UNESCO’s CCI analysis that has been conducted with DGA. Based on the latest available data, targeted subfields will be finalized during the first TAC meeting. Weightage will be given to CCI subfields that respond to the three criteria mentioned above. 40. Grants will be provided based on estimated ranges per CCI sector and according to grantees as individual cultural practitioners or entities. To be considered eligible for funding, applications will meet the following eligibility criteria: 1) Neighborhood revitalization: Eligible proposals are rolled out in neighborhoods affected by the PoB explosion (within a 5km radius) and contribute to restore the vibrancy of the affected neighborhoods and make them attractive. Cultural productions are rolled out, where possible, in public spaces. 2) Economic development: Eligible proposals generate economic benefits and expected direct (i.e., temporary jobs created, livelihoods enhanced) and indirect (i.e., increase in local tourism) economic benefits are spelled out clearly in the application. 3) Social value: Eligible proposals for cultural productions generate collective benefits for local communities. Moreover, they describe how cultural productions are an enabler of enhanced relationships among creatives and CCI participants. 4) Technical feasibility: Eligible proposals for cultural production are technically feasible, present a clear description of activities and related budget. They spell out the dedicated team involved and the expected level of efforts to deliver the cultural production related work. Collaboration between cultural entities and practitioners, and across CCI is encouraged. 41. The component will coordinate with other related projects and ensure no overlap occurs with financed activities under the Lebanon Building Beirut Building Beirut Businesses Back and Better (B5) project. Component 1 of the Lebanon B5 project (P176013) provides grants to eligible micro and small enterprises that have been affected by the PoB explosion. A list of the beneficiaries targeted under this project will be cross-referenced and any creative self-employed cultural workers benefitting from the B5 project will not be included under this grant. However, certain eligible cultural actors may be directed to apply to the B5 project if it applies more suitably. Moreover, this component will strictly focus on CCI and will involve cultural entities of a non-profit nature that would not be covered under the B5 project and are critical to the restoration of the livelihoods of cultural workers and the character of Beirut’s neighborhoods. Component 3. Project Management and M&E (US$ 1 million) 42. This component will ensure the coordinated, effective, and efficient management of the pilot project. It will support the overall coordination and management of the proposed activities, including, inter alia: (i) management of the Financial Management Framework Agreement (FMFA) based financing agreement with the UN-Habitat Page 14 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures (ii) track project costs to meet the budget (iii) develop and manage a detailed project schedule and work plan (iv) provide project updates on a consistent basis to World Bank task team about strategy, adjustments, and progress (v) manage contracts with vendors and suppliers by assigning tasks and communicating expected deliverables (vi) utilize industry best practices, techniques, and standards throughout entire project execution (vii) Monitor progress and adjust as needed (viii) measure project performance using agreed upon results framework and indicators to identify areas for improvement 43. The World Bank managed Lebanon Financing facility will engage a Third-Party Monitoring (TPM) agent to undertake independent result verification of sub-projects and activities funded under the project and ensure a transparent and equitable process. On a quarterly basis, the TPM agent will report on activity outputs, the restoration of services for the intended beneficiaries, and the fiduciary and safeguard processes followed by the local partners. The Terms of Reference (ToRs) for the TPM agent will be developed by UN-Habitat and agreed with the World Bank. To ensure the independence of the TPM agent, it will share its monitoring reports with UN-Habitat, subsequently UN-Habitat will share them the World Bank within five calendar days, along with any comments. UN-Habitat will also share a report with the World Bank on the actions taken to address any implementation issues identified by the TPM agent within two weeks from the date of submission of the monitoring report. 2.4 Project Beneficiaries Component 1. Housing Recovery 44. The direct beneficiaries under component 1 will be between 1,120 -1400 persons. The project is expected to rehabilitate around 30 buildings of cultural heritage value. Technical assistance will be offered to the tenants and wider community to support sustainable rental solutions. Additional indirect beneficiaries would include professionals working in engineering, architecture, construction sectors, cultural artisans, equipment suppliers, construction and engineering firms, and other service providers. Indirect beneficiaries are the inhabitants of the restored neighborhoods that may benefit from the enhanced historic built environment. Component 2. Providing emergency support to cultural entities and practitioners in Beirut 45. Component 2 direct beneficiaries will be approximately 3,000 cultural actors.24 Direct beneficiaries are affected25 cultural entities and practitioners26 that are recipients of the grants, as well as practitioners involved in the development of cultural productions financed with the grants. It is estimated that component 2 will disburse approximately 100 grants, 60 to cultural organizations and 40 to cultural practitioners. Priority will be given to youth- (aged between 18 and 35 years old) and women-led entities and female and youth practitioners. Special attention will also be paid in the outreach to cultural practitioners who are persons with disabilities, elderly (aged 60+), LGBTIQ+, refugees, displaced people, and migrants. It is expected that at least 50 percent of direct beneficiaries 24 Cultural actors refer to both cultural entities and practitioners. 25 The term “affectedâ€? refers to eligible applicants that have sustained physical damages, and/or indirect economic losses linked to actual physical damages, inside and outside of the hazard area, in the entirety of the city of Beirut. 26 “Entitiesâ€? are defined as local cultural institutions/centers/associations of a non -profit nature, formal, based in Beirut. The definition also includes informal non-profit associations such as local “collectivesâ€?, based in Beirut, with at least 3 years of experience/good track record in at least one of the targeted cultural and creative industries. “Practitionersâ€? are low-income cultural workers operating in Beirut. Practitioners have at least 3 years of experience/good track record in at least one of the targeted cultural and creative industries. Page 15 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures will be women. Indirect beneficiaries are members of the local community that will benefit from the roll out of cultural productions and the overall economic value added by increased tourist potential. 2.5 Proposed Implementation Arrangements 46. Due to the uncertain political situation in Lebanon, the Project will be implemented without the direct engagement of any governmental entity, yet in collaboration with local authorities and other subnational governments. UN-Habitat will be the non-sovereign Grant Recipient and the fiduciary agency for the implementation of the project and will liaise and partner with local NGOs and other national academic and professional institutions. The engagement of the municipalities of Beirut and Burj Hammoud and the Directorate General of Antiquities, the directly involved public institutions, will be limited to exchange of information, processing buildings’ permits, and developing skills and capacities of staff and employees. The local NGOs and other concerned national parties who were directly engaged in the response to the blast will be involved in facilitating the implementation of the components and sub-components of the Project and in ensuring a proper targeting. 47. UN-Habitat will be fully responsible for implementation, environmental and social risk management, fiduciary, monitoring, and reporting arrangements. UN-Habitat will manage the Project from its country office through a Project Management Team (PIU). The UN-Habitat country team includes a team of experts ranging from procurement, financial management, urban development, social development, communication and outreach and legal issues. In the case of specific matters outside its expertise it will also hire housing analysts, structural engineers, restoration architects, a CCI expert, an ESS expert, and a legal expert. To the extent possible, UN-Habitat will rely on local implementers. The procurement is expected to follow the Alternative Procurement Arrangements, and UN-Habitat will be responsible for the overall coordination, needs prioritization, technical assistance, institutional capacity building, fiduciary processes, safeguards, and monitoring of the project. As the primary implementing agency, UN-Habitat will ensure eligibility criteria for both components are implemented in an objective manner. 48. A Technical Advisory Committee (TAC) will be established as a steering committee for this project. The TAC will be responsible for providing strategic level advice on project implementation to support integration and synergies among the activities of the components. Moreover, the TAC’s involvement will promote a programmatic approach by accounting for the larger 3RF priorities and sectors’ long term development strategies. The composition of the TAC will intrinsically promote collaboration with other organizations on the ground, including institutions such as the Ministry of Social Affairs (MOSA), the Public Corporation for Housing (PCH), and the OEA. The TAC will include professionals from local civil society organizations, academia, and relevant government institutions, comprising of individuals such as social development experts, structural engineers, architects, urban planners, cultural heritage experts, creative practitioners and economists. The TAC would be formed 1 month after project effectiveness and will meet at least twice a year and on a demand basis. Detailed terms of reference for this group of experts will be elaborated in the POM. 49. Local NGOs and CSOs will be selected to support the PIU in the activities of capacity development, outreach and communication, and monitoring. Under subcomponent 1.1. the PIU will recruit local NGOs to support in the selection of buildings and identification of beneficiaries (i.e., reaching out to families in places where they moved to after the blast; legal advisor on tenure, among others). Under subcomponent 1.2. national NGOs with capacity and experience in dealing with housing issues (Legal Agenda, Public Works Studio, etc.) will support the PIU. A local NGO with experience in the local cultural and creative ecosystem and the capacity of raising awareness and conducting outreach campaigns will be selected to support the implementation of Component 2. Also, NGOs will support the execution capacity development activities and training for various stakeholders and municipalities to enhance the knowledge and skills of relevant housing institutions for coordination and future implementation of the housing recovery strategy and action plan. Page 16 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures 50. Contractors will be hired through competitive bids to support the implementation of the housing rehabilitation activities. The structural assessment and architectural design the intervention as well as the rehabilitation works of the affected units will be implemented through a contractor-based model given the technical complexity of the rehabilitation process, the tight timeline and the limited funds available. The bidding process will prioritize local engineering firms. Lebanon includes a large number of competent and well-equipped local contractors who have been engaged in the housing construction sector over the past 3 decades. The availability of a large number of eligible contractors will ensure engaging the most appropriately selected based on a transparent bidding process. Construction labor force mainly include refugees and other migrant workers. 51. The Grant Approval Committee (GAC) will be set up and chaired by UNESCO in close collaboration with the PIU and comprised of minimum four external members (on a pro-bono basis) that are representatives of two local cultural entities. The GAC role is to review and approve applications received from cultural practitioners and entities. UNESCO will launch a call for expression of interest to select the two external members and the call for expression of interest will be detailed in the POM. The role of the GAC is to review the applications to ensure the neighborhood revitalization, economic development, and social value criteria are met and to provide the final approval. Provision will be adopted in the GAC TOR for the GAC to recommend the option of merging proposals that are aligned and in complementarity with each other. UNESCO will set clear controls and guidelines to ensure clear, equitable and accountable management of funds. The PIU will oversee grant implementation, and closely monitor progress against the expected objectives. 52. UN-Habitat and UNESCO will engage local and national government partners throughout the process to support the transfer of knowledge and ensure the sustainability of the implementation arrangements. Among others, municipality of Beirut and Bourj Hammoud, the DGA, and OEA will be involved throughout the initiative. These local and national institutions play a specific role, particularly in the following areas: clearance from the DGA on heritage buildings, construction permits from the MoB, and endorsement of the OEA on permitting, for the rehabilitation of heritage housing. UN-Habitat will be liaising with these institutions for these permits and clearances. In addition, opportunities will also be sought to build capacities of these local institutions for improving processes of construction permits, planning for and implementation of city-wide recovery, etc. This will be done through knowledge exchanges, targeted trainings and institutional support on identified topics. This will ensure the long-term ownership and sustainability of the rehabilitation and recovery efforts. Page 17 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures 53. The following Figure and Table present the Project’s Implementation Structure. Figure 6. Project Implementation Structure WB/L FF UN-Habitat Technical Fiduciary Agent and Advisory implementer committee through FMFA (within PCU+CSOs One Stop Shop Governorate, UNESCO Municipality, Contributing UN LAF, DGA, MoT, Entity Chair of the GAC Local Partners Third- Local Grant CSOs/ NGOs Party contractors Approval Academia Monitori Implementation committee Outreach, of rehabilitation ng Agent work (GAC) beneficiary TPMA Review and selection and NGOs Technical support Page 18 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Table 1. Proposed implementation arrangements for the Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Project Activity Roles and Responsibilities Component 1. Housing Recovery: Budget 8,459,000 USD Subcomponent 1.1 Housing Recovery: 8,409,000 USD Evidence based studies and selection of Clusters based on criteria (tbd): Lead • Identify the most damaged housing units with cultural heritage value eligible under the project • UN-Habitat will lead on compiling all data required on potential • Conduct a rapid socio-economic verification assessment to identify level of vulnerability buildings to be restored • Identify legal aspects and level of occupancy Directly involved • Verify buildings, common and open spaces • MoB, DGA will support in provision of data and advise on • Validate damaged buildings according to criteria selection criteria and other technical aspects Other • OEA and DGA to share data available. • NGOs to engage in the rapid field verification Conduct detailed technical assessments and engineering analysis to develop Bill of Quantities Lead (BoQs) and prepare construction documents for the rehabilitation of residential units and buildings • UN-Habitat with support of Engineering Consultancy Bureaus • communication and outreach with direct beneficiaries Directly involved • verification and validation of legal aspects • MoB to provide data on legal status of targeted buildings • consultations/agreement on the design and finalization of legal documents • DGA, MoB and UNESCO to share details and assessments • structural assessment and designing the intervention type – stabilization, structural conducted on buildings with heritage value strengthening or full reconstruction • MoB to provide permit • sharing the results and consultations and consensus by homeowners and tenants • procurement of design/implementation/supervision consultancy and civil works contractor, led Other by PIU and local implementers • UNHCR to support CfR • NGOs with legal expertise &, Attorneys to advise on applicable measures. • OEA to engage in overseeing the works • NGOs working on housing rehab in blast affected area to share their experience Page 19 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Activity Roles and Responsibilities Construction, assistance and inspection (AI) Lead • Implement construction works • UN-Habitat through contractors for severely damaged • Provide guidance to homeowners during construction buildings and through NGOs for partially damaged ones • ESS assurance Directly involved • Inspect and supervise to verify satisfactory achievement of compliance with disaster resilient • MoB, DGA, OEA to support in overseeing the quality of work standards • NGOs to liaise with homeowners on compliance with Specs • Handover to homeowners - tenants • Continued Communication and outreach (SEP) Other • Universities, active NGOs to share their experience and ensure no replication of work • NGOs – tenants, owners, community members • MoB, DGA Subcomponent 1.2. Tackling housing and property (renter–owner) legal disputes within selected buildings to facilitate the return of affected households, promoting affordable rental housing 50,000 USD • Identify the legal issues pertaining to property rights in the selected buildings, which may Lead hinder the return of affected households • UN-Habitat • Review and put forth legal remedies related to the identified renter –owner disputes in selected Directly involved buildings • Negotiate through legal advice and coordinate the development of official lease agreements for • Local NGOs, MoB, Parliament committees, tenants’ concerned beneficiaries based on Lebanese laws and regulations committees, owners of housing units, Bar Association • Conduct awareness-raising and capacity-building sessions on housing and property rights Other targeting residents (tenants and owners) and concerned local and international NGOs • PCH, legal advisors, local community committees, mukhtars • Conduct capacity-building and outreach campaigns to enhance the relevant governmental entities’ engagement in addressing identified housing and property issues • Document the learning process to inform the progressive development of the Housing Recovery Strategy and other ongoing affordable housing initiatives Page 20 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Activity Roles and Responsibilities Component 2. Providing Emergency Support to Cultural Organizations and Practitioners: 2,145,000 USD Subcomponent 2.1 Conducting the outreach and communication campaign: 100,000 USD Develop needed communication materials Lead • Recruit local experienced organization to support in delivering messages and awareness • UNESCO raising related to CCIs Directly involved • Establish coordination with relevant government ministries/departments • Local NGOs, DGA, MoB, CCI committees and institutions • Compile data on CCIs within the targeted area • Identify sectors that will be supported through the grants scheme Other • Develop the awareness materials and campaign tools • SMSEs, professional entities, MoC, artists, academia Raise awareness about the project Lead • Develop the awareness raising program and its features • UNESCO through selected NGOs • Identify appropriate tools to reach out to targeted beneficiaries Directly involved • Conduct the awareness raising campaign • Cultural organizations and practitioners, DGA, MoB, CCI • Follow up on the actions informed through the campaign committees, Mukhtars Others • SMSEs, professional entities, MoC, artists, academia Subcomponent 2.2. Supporting and accompanying cultural organizations and practitioners in the cultural production (2,045,000 USD) Provide cultural organizations and practitioners with financial support (grants) Lead • Establish Grants Approval Committee (GAC) • UNESCO through GAG and Selected NGO • Put in place grants’ transfer modalities Directly involved • Identify grants scheme in terms of sector type and beneficiary category • Cultural organizations and practitioners, cultural events’ • Launch call for proposals/initiatives organizers, DGA, MoB, CCI committees, Mukhtars, • Review applications by PIU and GAC - Selection of viable initiatives • Sign contracts Others • Transfer grants to selected beneficiaries. • SMSEs, professional entities, MoC, artists, academia Page 21 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Activity Roles and Responsibilities Provide technical support to cultural organizations and practitioners Lead • Provide through specialized NGO/company technical support to ensure that grants are being • UNESCO through GAG, Selected NGO invested appropriately as planned Directly involved • Monitor the implementation of cultural activities and events • Cultural organizations and practitioners, cultural events’ • Propose means to ensure sustainability of activities beyond the grants organizers, DGA, MoB, CCI committees, Mukhtars • Compile lessons learnt for replicability • Communication and visibility Other • SMSEs, professional entities, MoC, artists, academia Component 3. Project management, M&E, and capacity development: 2,15 million USD Comprehensive study on beneficiary eligibility to ascertain: Lead • Engage NGOs • UN-Habitat • Manage survey and database Directly involved • Publish beneficiary list • MoB • Conduct urban scale planning and evaluation • Develop ToRs for selection of the consultants and contractors Other • Prepare EoIs, RfPs, ITBs, etc. • NGOs, Legal bodies Communication and outreach Lead • Coordinate with other government ministries/departments • UN-Habitat • Procure and supervise Partner Organizations (POs) Stakeholders • Promote awareness of the housing program and its features • DGA, DGU, MoB, DGLAC, PCH Training Program Lead • Prepare training package including curriculum and modules • UN-Habitat • Procure and supervise partner organizations (POs) Directly involved • Train local artisans and homeowners for multi-hazard resistant construction techniques • Stakeholders Others • Supported by MoB, DGA, NGOs, OEA, housing committees, Payments and financial reporting Lead • Interact with NRB and commercial banks • UN-Habitat Others • Commercial banks as partners Page 22 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Activity Roles and Responsibilities Grievance Redress Lead • UN-Habitat Directly involved • Local Committees Others • MoB, NGOs Reporting, Monitoring & evaluation, including preparation of implementation progress reports Lead • UN-Habitat Directly involved • Project Technical Committee Other • MoB, DGA, OEA Page 23 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures 3 Legal and Institutional Framework 54. This ESMF is prepared to: • Meet the requirements of the World Bank’s Environment and Social Standards (ESS), as per the World Bank’s ESF, including the World Bank Group Environment, Health and Safety (EHS) Guidelines, and other relevant guidelines and guidance • Comply with national environmental and social laws and regulations 3.1 Institutional Framework 3.1.1 Housing 55. The institutional framework for housing & urban development in Lebanon is led by the Ministry of Social Affairs (MoSA) and the Council for Development and Reconstruction (CDR) at the national level, and with the Ministry of Interior and Municipalities (MoIM) at the municipal level. Because the institutional framework for housing is led by MoSA whereas most urban development projects are implemented by CDR – they’re not mutually inclusive. • MoSA is responsible for facilitating access to housing for low-income groups and loans for middle-income groups. • CDR has articulated and coordinated several large-scale planning interventions (physical, infrastructural, and social) including the National Master Plan of Lebanon (approved in 2009). The CDR also plays a key role in the interface between national authorities and international donors and lending agencies. • The Directorate General of Urbanism (DGU) is the main urban planning agency in the country, entrusted with the organization of national, regional, and local territories. • The MoIM is responsible for local authorities in Lebanon, by exercising its authority over the management, budget, and finances of all municipalities. 56. At the subnational level, municipalities are entrusted with issuing building permits, enforcing local building and environmental regulations, and ensuring the management of their territories. Since the mid-1990s, and in response to a set of public incentives, Unions of Municipalities have proliferated throughout the country, engaging in strategic planning exercises at the regional level. 3.1.2 Cultural Heritage 57. The cultural sector currently falls under the mandate of the Ministry of Culture (MOC), which includes two directorates: the Directorate General of Cultural Affairs, and the Directorate General of Antiquities (DGA). A World Bank review in 2017 found that the DGA was understaffed and that its share of the national budget was below 0.1 percent.27 Currently, there are no legal protections for cultural heritage beyond archeological sites and the “Law for the Built Heritageâ€? of 2016-2017 is still pending approval in Parliament. Therefore, the MOC-DGA does not have the authority nor the financial resources to carry out any comprehensive protection and development program for the sector. Furthermore, the sector is hindered by the lack of a regulatory framework or of guidelines for conservation, and as well as of incentives for owners to preserve urban heritage. As a consequence CCI that are closely connected with intangible cultural heritage are marginalized. Other ministries intervene in the cultural and creative space, such as the Ministry of Social Affairs, which is particularly involved in the craft sector and its promotion, and the Ministry of Tourism, which 27 World Bank - Cultural Heritage and Urban Development Project (CHUD) Implementation Completion and Results Report (ICR) - June 15, 2017 Page 24 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures participates in the organization of festivals. Municipalities can also have a strong impact on local cultural production, an example is the Municipality of Beirut which is engaged in a number of large- scale cultural projects, including the Sursock Museum, Beit Beirut and municipal public libraries. 3.2 National Environmental and Social Requirements 3.2.1 Environment 58. Law 444 of 2002 on environmental protection28 is the framework environmental law. It is composed of 7 Parts divided into 68 articles: • Part I deals with fundamental principles and general provisions. • Part II provides for regulating the environment protection especially the following matters: environmental planning; Environment National Council; financing environment protection through the establishment of a national environmental fund; and the mechanism of environmental pollution control. • Part III refers to the Environment Information System and the participation in environment management and protection. • Part IV relates to the Environmental Impact Assessment. • Part V concerns with environment protection. • Part VI deals with responsibilities and penalties. • Part VII contains final provisions in particular the following matters: air protection and fighting bad smells; coast protection and marine protection against pollution; water pollution control; land and underground protection; installations; dangerous and harmful chemical substances; noises; natural resources management; and, biodiversity protection and natural disasters. 59. Key articles include: • Article 30 prohibits any discharge, immersion or incineration in the territorial waters that could affect human health and marine natural resources; damage both activities and marine organisms, including navigation, fishing, plants and algae; spoil the quality of marine water; and reduce the tourism potential of the sea and Lebanese beaches; (ii) protection of the aquatic environment from pollution. • Article 35 provides for protection of surface (including springs, rivers, banks, lakes, marshes, reservoirs, drinking water distribution networks) and groundwater from pollution hazards and restore the quality of this water; protection of ecological balances and wetlands with their ecosystems; development and protection of natural resources and their valuation as economic resources; development of integrated management of natural resources related to the environment. • Article 38 provides for reducing soil degradation and erosion, combating desertification, control pollution of land, and its natural resources, and loss of arable land; rational use of the land or the ground and their natural resources; the obtaining of a prior authorization from the Ministry of Environment before undertaking activities related to the aforementioned issues; rules for the facilities that shall have the potential for environmental review and self-monitoring in order to systematically measure its pollutant releases and the results of its activities on the environment; management of natural resources and conservation of biological diversity. • Article 48 provides for setting up an inventory of existing animal and plant species, especially those at risk of extinction; proposing the establishment of national parks, nature reserves and protected areas; developing a control system for the access and use of biological resources; and the participation of citizens and public and private institutions in the conservation of biological diversity and the sustainable use of natural resources; (vi) management of risks and natural 28 https://www.fao.org/faolex/results/details/en/c/LEX-FAOC037678 Page 25 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures disasters including preventive measures to be taken to address all serious environmental pollution caused by natural disasters. Environment Assessment29 60. The Environmental Impact Assessment system in Lebanon is defined in the Environmental Protection Law 444/2002. Article 21 of the Law requires that project proponents in the public and private sectors carry out EIAs for any project that is likely to cause negative impacts on the environment. 61. The Ministry of Environment Decree 8633/2012 sets the concepts and rules that should be followed in preparing EIAs, indicates the projects subjected to an EIA, and the level of details required, according to a screening system provided in the annexes of the decree. 62. The Decree defines an EIA process as follows: • Screening: the project proponent presents a project screening form (standard form annexed to the Decree). The MoE provides its feedback within 15 days with the project classification. Projects are classified into 3 categories according to their environmental risk and sensitivity: o Annex I projects require a full EIA. The annex includes list of the activities associated with high environmental risks. o Annex II projects (medium risk) require an Initial Environmental Examination (IEE). The annex includes the list of activities that are associated with lower environmental risks than in Annex I. o Annex III addresses sensitive areas, including legally protected areas (natural protectorates, natural forests, wetlands, river banks, natural parks, important bird areas, historical, archeological and sacred sites), habitats of endangered species, natural ponds, sea, river and spring shores and state-owned land. Any project located in those areas will be elevated to a higher risk category. o Any project not included in Annex I, Annex II and not located in any of the Annex III areas does not need further environmental assessment • Project proponents of Annex I projects should prepare a scoping report, according to the guidelines provided in Annex 7 of the Decree. The scoping report should include a detailed description of the project, an analysis of alternatives, baseline data, expected impacts, and the EMP. The Municipality where the project will be implemented should inform the public that an EIA will be prepared and should give them least 15 days to send any comments or concerns. The MoE reviews the scoping report and provide comments to be considered within 15 days. The project proponent prepares the EIA report considering comments made during the scoping stage, and submits it to the MoE whom must provide their comments within 2 months. Table 2. Annex 1. Projects that duly require an EIA study 1 Irrigation and drainage o Building dams, man-made lakes and pools/ponds Irrigation projects for area exceeding 500 hectares 2 Drinking water o Building dams, reservoirs, pools and man-made lakes Water desalination plants Integrated projects for drinking water supply 3 Wastewater o Establishment of wastewater treatment plants Drainage channels into the sea Integrated projects for wastewater 4 Solid waste o Establishing centers for the management, treatment, and discharge of the various sold waste 5 Agriculture and forestry o Preparing land for farming, include leveling, clearing, reclaiming, and using chemicals in agricultural activity Deforestation projects 29 Adapted from the Environmental and Social Systems Assessment prepared for the Creating Economic Opportunities in Support of the Lebanon National Jobs Program (P163870, 31 May 2018) Page 26 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures 6 Building roads, bridges, railway lines, and tunnels 7 Airports and harbors 8 Power generation and supply: Power generating stations Power transformation stations 9 Oil and gas o Installation of pipelines on/off the beaches Excavation and extraction of oil and gas Oil refineries Oil platforms Oil tanks 10 Mines, sanders, stone mills, sand sucking 11 Building hospitals 12 Tourism and recreation projects o Establishing skiing centers 13 Land reclamation 14 River and sea public properties 15 Inland and marine fisheries 16 Zoo building • Consultations with stakeholders are mandatory for Annex I projects during scoping. Approved scoping reports and EIAs are made available at MoE premises to concerned parties and the general public, but without disclosing any data related to copyrights, industrial and financial details. • Project proponents must prepare IEEs for Annex II projects, according to the guidelines provided in Annex XI. The IEE should include a concise description of the project, the baseline environment, the expected impacts, and the EMP. The IEEs are reviewed within 30 days, by MoE technical committee according to criteria described in MoE decision 260/1-261/1 of 2015. The IEE is considered approved if the project proponent does not receive a response from the MoE within 30 days. The MoE can elevate the project category if the IEE review reveals that the project could have important environmental impacts. • The project proponent is responsible for implementing EMPs during construction, operation and decommissioning, and MoE is responsible for monitoring. 63. Since the buildings rehabilitated by the Project are small, and the rehabilitation will be within existing footprints and dimensions, Project activities will not require the preparation of EIAs or IEEs according to the EIA Decree. Environmental Standards 64. Three main legislative texts set the environmental standards applicable to Lebanon (see Annex 2 for further details). They are relevant to this Project: • Ministerial Decision 52/1 of the MoE (29 July 1996) setting environmental quality standards and criteria for air, noise, water and soil • Ministerial Decision 8/1 of the MoE (30 January 2001) updating Decision 52/1 regarding National Standards for Environmental Quality related to air pollutants and liquid waste emitted from classified establishment and wastewater treatment plants • Decree 5606/2019 provides the procedure for the integrated management of hazardous waste, including requirements related to generation, sorting, storage, transport and disposal. The Decree covers asbestos waste. 3.2.2 Building & Construction Laws, Decrees and Regulations30 • The Original Building Law in Lebanon was put in practice in 1919 and was officially written in 1940 during the French mandate. This law gave the full authority to the municipality to 30 This section refers to a number of resources as academic articles and papers. It has been informed by the following references: • Ashkar, H. (2014). Lebanon 2004 Construction Law: Inside the Parliamentary Debates. Civil Society Knowledge Center, Lebanon Support, • Ashkar, H. (2018). The role of laws and regulations in shaping gentrification: The view from Beirut. City, Ghandour, M., (2001). Building Law: a critical reading of the Lebanese case. Page 27 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures regulate and control the various aspects of construction, such as setbacks, building heights, plots and areas banned from construction, space between urban blocks and the building area with respect to the total plot area. In 1954, it was issued as Decree 6285. It divided Beirut into zones, along with setting height limits, exploitation ratios and dimensions of development parcels for each zone (this map can be found in Annex 3). • Legislative Decree 148/1983, included amendments related to permits, insurance, parking spaces, and increase in exemptions for exploitation ratios. Besides, it allowed side attachment of buildings, creating continuous barriers along the street, or “wall effectâ€? taking place at both sides of the streets, preventing decent ventilation, and reducing airflow. Another affecting aspect is the combination of a number of small lots into one larger one, known as “land poolingâ€?. Developers use this technique to profit from a higher total exploitation ratio TER, and consequently be able to construct higher towers, which are increasingly spreading all over the city, increasing the haphazard in Beirut’s and affecting severely its urban morphology. Decree 444/2002 proposed to reserve half of leftovers areas inside parcels as gardens and green area, but it was never adopted. • The Construction Law (Law 646/2004), with significant increase in building heights within areas where there was no limitation to maximum building height, the building envelope known as Gabary (the volume inside which the building is to be constructed) increased from a height equal to 2 times the width of front setbacks and road to 2.5, affecting airflows. There was a significant contribution from the real estate developers through their union Building Promoters Federation of Lebanon, through influencing, pressuring the Lebanese State and politicians, and drafting the law in the best ways that suited their practices. • The Enforcement Decree (No. 15874/2005) provided an increase of 25% for high rises and building envelope. Besides, if a high rise allocated the municipality with parking spaces, the building could go higher with 2 additional floors. Important to note the effect of the building envelope Gabary on the landscape of Beirut. This can be noted through the emergence of the triangular or conical shape for building tops. 65. Notably, the Lebanese Building Regulations evolved in relation to the loss in green areas, along with providing greater profit from land for developers and favoring higher larger projects. 3.2.3 Earthquakes 66. No seismic building code existed in Lebanon till 2005 when the government issued Decree 14293 that regulates safety procedures in buildings, installations, and elevators for the protection against fires and earthquakes. 67. In 2012, the Lebanese Standards Institution (LIBNOR, affiliated with the Ministry of Industry), issued Standard NL135 (2012) Protection from earthquakes: general rules, which defines the measures to address seismic risks when designing building in Lebanon. 3.2.4 Rent Laws31 • The Old Rent Law (Law 25/1941) is a rent control law introduced in 1941. It follows the French civil code and provides for the intervention by the State in the housing sector. The law • Mohsen, H.& Raslan, R. & El Bastawissi, I. (2020). The Impact Of Changes In Beirut Urban Patterns On The Microclimate: A Review Of Urban Policy And Building Regulations. Architecture and Planning Journal APJ, Vol. 25 31 This section is based on several academic articles and papers; most particularly: • Ashkar, H. (2018). The role of laws and regulations in shaping gentrification: The view from Beirut. City, • Fawaz, M., Krijnen, M., El Samad, D., (2018). A property framework for understanding gentrification: Ownership pattern and the transformations of Mar • Mikhael, Beirut. City. Vol 22, Issue 3, pp. 358-374. • Maghribi, R., (2018). A New Rent Law, A New Urban Dynamic. LAU Magazine. Vol 20. Issue no. 1. Spring 2018. Page 28 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures defines rent price cap, extends rental periods indefinitely, allowing the inheritance of rental contract, and sets very strict termination conditions of a lease contract along with a relatively generous compensation for the tenant. Before 1992, the State took few corrective actions to adjust rents following the sharp devaluation of the Lebanese currency in 1980, and existing contracts remained official with some tenants paying less than 5% of market value for their rental. • The Old Rent Law was revoked in 1992, after the end of the Civil War, due to the enactment of Laws 159/1992 and 160/1992. These laws aimed to liberalize the rental market starting from the enaction date (22 July 1992). All rental contracts signed prior to this date were to remain rent-controlled (stipulations of Law 160/1992), whereas all rental contracts signed after that date were freed from the Old Rent Law (stipulations of Law 159/1992). Post-1992 lease contracts’ rates were to be freely determined through the market and the lease duration would be for an initial 3 years. The aim of these 2 laws was to alleviate the post-war housing crisis and to implement corrective measures due to the currency devaluation at the time, while maintaining the housing security of tenants who already had lease contracts signed before 22 July 1992. • A new Rent Law (from 28 December 2014) and its amendment (Law 2/2017) aim to release the remaining rent-controlled units that date prior to July 1992 (per Law 160/1992). The liberalization process is through phasing out the rental contracts over a period of nine years during which a progressive readjustment of the rent rate will incrementally be applied, in order for the rent value to reach the market rate. The law also described the compensation scheme in case of a tenant-vacating scenario and the establishment of a compensation fund to support the most vulnerable households who will not be able to afford the new rent rate. The liberalization process meant that tenants no longer had lifetime tenure security and their lease period is going to be reduced to 3 years period. The implications of the rent-control laws have been severe, particularly on the most vulnerable households (both owners and tenants), especially due to the fact that the market rental rates have been steadily increasing due to the real estate boom, to reach unaffordable rates to a majority of the population. 3.2.5 Cultural Heritage32 68. Order 166/LR of 7 November 193333 on the regulation of antiquities still serves as the document of reference for managing cultural heritage: • Article 1. States: All products of human activity, whatever civilization they belong to, are considered to be antiquities; prior to the year 1700 (year 1107 of the Hegira), Are assimilated to antiques and subject to the rules of this decree, immovable objects after the year 1700, the conservation of which is of public interest from the point of view of history or art, and which will be registered on the General Inventory of Historic Monuments planned 9 Art. 20. • Article 2. States: Antiques are immovable or movable. • Marot, B., (2014), The End of Rent Control in Lebanon: Another Boost to the “Growth Machine?â€? Jadaliyya 32 This section is based on the following academic articles and papers: • Ashkar, H. 2013. “Radical Gentrification in Beirut and the Changing Struggle for Urban Commons.â€? Paper presented at urban commons: moving • beyond state and market, Humboldt-Universität zu Berlin, Berlin. • Brones, S. 2010. “Beyrouth et ses ruines (1990-2010) : Une approche anthropologique.â€? PhD diss., Université Paris Ouest Nanterre La Défense. 33 UNESCO translation from: https://libnanews.com/en/regulation-on-antiquities-order-no-166-lr-of-november- 7-1933-relating-to-antiques-regulations/ Page 29 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Are real estate antiques: o any contribution of human industry covering the soil of geological formation (tells). o all old works or buildings; remains or remains of old buildings with or without a structure visible above the ground. o All movable objects attached to the fund or to the immovable in perpetuity. o all natural sites or sites suitable for human industry, such as rock shelters, caves, rocks bearing paintings, sculptures, moldings, or inscriptions. Movable antiques are all objects or debris, objects, made, worked or modified by human hands and not in the preceding categories. 69. In 1996, the Ministry of Culture provided a list of 1016 buildings to be protected in Beirut. The list was pared down to 250 buildings in 1999. However, the extended list was never approved by Government. According to the official gazette, the list in Beirut (from 1980 to 2016) included 50 buildings and antiquities assets. Ten of these are in the Project target area (Rmeil, Mdawar and Saifi), but none of them is considered for this project. 70. Aside from freezing demolition, the State and municipalities do not provide assistance or incentives to preserve protected buildings, leading to wide objection to the proposed list by their owners. However, numerous loopholes make it possible to de-list or demolish “protectedâ€? buildings. For example, the Ministry of Culture might consider the demolition of a listed building if elements of its façades are preserved. As a consequence, only a handful of the originally listed buildings still exist today. 71. The Ministry of Culture drafted a law on Heritage Buildings Protection that was officially submitted it to the Lebanese Parliament. It was not adopted because of political considerations. An amended draft was resubmitted in 2016, which offers incentives to property owners such as tax exemptions. It also would allow property owners to sell investment rights to third party investors in order to use it for building elsewhere while preserving buildings of cultural significance34, while retaining their rights to the land. This draft law was forwarded to Parliament in October 2017. While waiting for the Law to come into effect, several owners of heritage buildings have succeeded in freeing their plots for development by reverting to the Council of State that tends to protect their ownership rights. At the same time, old streets and traditional neighborhoods have gradually lost their special character due to the inability to impose urban conservation principles and implement sustainable urban conservation strategies. 72. The Ministry of Finance, in coordination with the Ministry of Culture, issued a circular on 12th of August 2020 prohibiting the sale of historic and heritage properties before obtaining the approval of the Ministry of Culture. The Ministry of Finance also exempted owners of all affected properties from paying the built property taxes until buildings are restored. 73. The Governor of Beirut City issued a decision requiring that all efforts to consolidate or restore heritage buildings get a permit from the Directorate General of Antiquities if the building was built prior to 1971. At the same time, the municipality will not issue any permits for new buildings in these areas in an attempt to protect the historic character of these areas. 34 For the project, any building that has a heritage item is considered of heritage value, such as the three arcades, pitched brick wooden roof, balconies, handrails, ornamental fixtures, etc. Page 30 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Traditional Lebanese Architecture 74. Corpus Levant35 published a benchmark rehabilitation manual in 200436 that was adopted by DGA. A manual for minor interventions was derived from the Corpus Levant manual by the Beirut Assist Cultural Heritage (BACH) following the POB in September 2020, to assist institutions and individuals willing to restore damaged traditional buildings. 75. The manual details the different architectural styles and construction technologies, and propose solutions to repair, restore and rehabilitate buildings of heritage value in order to respect the original architecture, and guarantee the durability and integrity of the buildings. 3.2.6 Cultural and Creative Industries 76. The Constitution establishes the freedom of oral and written expression, of printing, assembly and association; and guarantees the balanced development of the regions culturally, socially and economically, as an essential pillar of the unity of the state and the stability of the system. With specific reference to the creative and cultural sector, the MoC is limited in scope and resources with only the mutual Aid fund to support artistic work (Law 7535, 2012) and production. This CCI support fund aims to contribute to the financing of productions of CCIs and the knowledge economy, by supporting and marketing the production of films, documentaries and audiovisual pieces. Overall, cultural life is largely driven by efforts from civil society and the private sector and remains significantly dependent on the will of funders (banks, sponsors, embassies, institutions). CCI operate in Lebanon in a complex business environment, where they are defined by the standard regulations concerning businesses as well as intellectual property rights, taxation and many other issues. Protection of intellectual property rights for producers is not adequately regulated. An outdated legal instrument (Law 75, 1999) intervenes on literary and artistic property: only music, literature and cinema related sectors receive support regarding intellectual property and copyright. However, despite this protection, the artist-creators operating in these domains lack trust in the legal system and refrain from claiming their rights guaranteed by law. 3.2.7 Built-Property Taxation Law37 77. There are two types of annual property taxes that exempt vacant properties in Lebanon, the Built Property Tax which is paid by property owners and collected by the Ministry of Finance, and the Rental Value Fee, which is collected by the Municipality. • The Built Property Tax Law, issued in 1962, where article 15 exempts vacant property from the Built Property Tax. • The Law 60/88 on Municipal Charges and Fees, dealing with the taxes and fees imposed by the local authorities or municipalities on residents, where article 3 considers that the fees of the Rental Value of units (residential, commercial…) is imposed over “the occupantâ€? of the unit in exchange for municipal services as cleaning, security… Thus, any vacant unit, with no occupant, is exempted from the municipal taxes. Property taxations provide a major revenue for both local authorities and the State. While 35 Corpus Levant is a consortium between: • Ecole d’Avignon • Ministry of Culture, Directorate General of Antiquities, Lebanon • Directorate General of Antiquities and Museums of Syria • Collegi d’Aparelladors i Arquitectes Tècnics, Barcelona With the support of the European Commission and MEDA - EUROMED HERITAGEE 36 https://issuu.com/asociacionrehabimed/docs/manual_liban_fra 37 This section has been especially informed by the following reference: Fawaz, M. & Zaatari, A. (2020), Property Tax: No More Vacancy Exemptions, The Lebanese Center for Policy Studies LCPS. Page 31 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures noting the existing high vacancy rate in Beirut (around 20%), exemption of vacant taxations encourages speculative behavior. 3.2.8 Building Construction38 78. The following steps must be taken to obtain a construction permit: (i) A registered engineer (or group of engineers in different disciplines mainly Civil, Architect, Electrical and Mechanical) should prepare an official document containing: o Owner’s pledge and consent o Legal real estate documents (plot number, official papers of the plot, etc.) o plans of rehabilitation o Topographic maps o Method statement for rehabilitation o Engineer pledge. The document should be signed and stamped by those engineers. (ii) The document is first registered at the Municipality of Beirut (MoB) [in other areas in Lebanon it should be registered at the Directorate General of Urbanism (DGU), Engineering department for first screening and registration of the document. (iii) For heritage buildings, MoB requests an approval and no objection signature from the Directorate General of Antiquities. Upon approval, MoB provides a permit to start only excavation (in case of new buildings). (iv) After getting MoB (and DGA) approvals, the document should be submitted to the Order of Engineers and Architects (OEA) with additional technical details (detailed execution drawings for all the services (Civil, Architecture, Mechanical, Electrical and Plumbing (MEP), seismic assessment for buildings exceeding 10 meters). The OEA upon approval provides a permit to start execution. (v) After completion of the works, the responsible engineer should present the as-built drawings to MoB, to get the final endorsement from Beirut Governor. (vi) At all stages, fees are to be paid for the financial departments of the stated entities. 79. Following the Beirut Port Explosions, in order to accelerate the rehabilitation processes, the following stages of approval were defined to obtain a renovation permit: • Lebanese Armed Forces approval (main role is to register the file and reserve the plot subject to rehabilitation for the applicant) • DGA approval (especially when it is a heritage building) • MoB approval (to provide a permit signed by the Governor) • OEA approval (to approve the soundness of the document provided). 80. No financial fees are imposed on buildings subjected to restoration in the blast affected areas). A certified engineer (registered at OEA) must sign and stamp all documents. 3.2.9 Labor Law 81. The 1946 Labor Law and its amendments set the framework and rules governing the relationship between employers and employees, including: • Minimum age of employment: 13 years (if the candidate is in good health); subject to yearly medical examinations until the age of 18. • Minimum age for employment in industrial workplaces and tedious tasks and works requiring substantial physical effort, or those posing health risks: 15 years • Minimum age for employment on tasks and works that pose risks or hazards to health and safety: 16 years 38 These requirements will be applied to buildings on the short list, a defined in section 2.3 Project Components Page 32 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures • Employment record issued by the Ministry of Labor specific to every employee, comprising name, nationality, employer name, photograph, specialty, health consultations, and dates of joining and leaving each establishment. • Working hours for employees under the age of 18 years: ≤6 hours, including a one-hour break following 4 continuous working hours. Working hours must exclude the period between 7:00 pm and 7:00 am. • Adolescent employees must be given a resting period of at least 13 consecutive hours between two working shifts. Overtime work and work during breaks, on weekends and holidays are forbidden for adolescents. • Minimum vacation days for adolescents: 21 days following employment for a complete year; 2/3 of which must be taken continuously. • No gender discrimination is allowed in the workplace regarding work type, remuneration, employment, promotion, training and clothing. Employment of women in industrial settings and other tedious and risky works is forbidden • The right of women for a paid maternity leave (10 weeks according to the latest legislation) • It is forbidden to fire women during their maternity leave • Maximum weekly working hours: 48 hours with a 1-hour break (mid-day) • Working hours can be reduced based on the level of physical effort required by the job • Right of employees to a continuous 9-hour resting period during a working day • The right of employees for a continuous 36-hour break every week • The right of employees hired since at least 1 year to 15 days of vacation per year, without the right of employers to fire employees during their leave. • The right of employees to a paid occupational sick leave in case of occupational accident, the duration of which varies based on the case. 82. The following laws and regulations are also applicable to the Project: • Ministry of Labor Decision 49/1 of 1997 forbids the employment of adolescents and children under 18 years of age in non-industrial settings, unless a medical examination proves them apt to perform such work. • Decree 11802 of January 2004 provides the general regulations for the prevention of occupational hazards and accidents, and the promotion of health and safety in all industrial establishments subject to the Labor Law. In particular, it covers: o Prevention and safety measures, i.e., strong fencing around transport machines, maintenance of elevators and lifting machines, and suspension of useful signals, boilers, air tank security measures, heavy load movement, setting of personal protective equipment; noting that the employer should notify the Ministry of Labour within a maximum period of 24 hours for any incurred occupational accident or fire. o Provision for healthy and protected work environment, such as clean working environment, low noise, good lighting and well ventilation, disposal of harmful waste, o Provision of clean drinking water and a suitable place for lunch, in addition to an emergency kit for at least 50 workers put in a visible locker. • Decree 8987 of 2012 forbids the employment of adolescents and children under 18 years of age in jobs that pose a risk to their health, safety and behavior • Decree 3791 of 2016 (amending Decree 7426 of 2012) raises the minimum daily wage to US$ 20. • Ministry of Labor Decision 29/1 of 2018 restricts a substantive number of jobs to Lebanese citizens in order to protect the workforce and reduce unemployment, including tiling, plastering, gypsum board, iron, wood and aluminum profile installation and other decorative tasks. Engineering is also restricted to Lebanese citizens. On March 21, 2018, a clarification letter was issued by MoL regarding Decision 29/1, which Page 33 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures states that Syrians are allowed to occupy jobs in the construction sector that are not restricted to Lebanese citizens as per Decision 29/1 of 2018. 3.2.10 Social Protection • Law on the Protection of Women and Family Members from Domestic Violence (Law 293 of 2014) advances women’s rights and safety. It establishes important protection measures and related policing and court reforms, but leaves women at risk of marital rape and other abuse. • Article 522 of the Penal Code that exempts a rapist from punishment if he marries his victim was abrogated in 2017. • Law 205 passed in December 2020 criminalizes sexual harassment. It targets all types of sexual harassment, in any setting, and especially in the workplace. Per the law, perpetrators can be sentenced to up to two years in prison and fined up to 20 times the value of the minimum wage, which stands at 675,000 Lebanese pounds, according to Lebanese rights group Legal Agenda. The punishment increases to between six months and two years in prison and a fine of between 10 and 20 times the minimum wage if there is a “relationship of dependencyâ€? or work between the perpetrator and the victim; if the perpetrator uses their position of power over a colleague; or if the harassment occurs at a range of state institutions, universities, schools or on transport services. 3.2.11 International and regional conventions 83. Lebanon ratified the Basel Convention through Law 387 of 1994 for hazardous waste transboundary exportation. 3.3 World Bank Requirements 3.3.1 World Bank Environmental and Social Framework 84. The World Bank Environmental and Social Framework (ESF) sets out the World Bank’s Commitment to sustainable development. It includes a set of ten Environmental and Social Standards (ESSs) that establish the mandatory requirements that the Borrower and the projects must meet through the project life cycle: ESS 1 Assessment and Management of Environmental and Social Risks and Impacts ESS 2 Labor and Working Conditions ESS 3 Resource Efficiency and Pollution Prevention and Management ESS 4 Community Health and Safety ESS 5 Land Acquisition, Restrictions on Land Use and Involuntary Resettlement ESS 6 Biodiversity Conservation and Sustainable Management of Living Natural Resources ESS 7 Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities ESS 8 Cultural Heritage ESS 9 Financial Intermediaries ESS 10 Stakeholder Engagement and Information Disclosure. 85. Only ESS1, ESS2, ESS3, ESS4, ESS8 and ESS10 are deemed relevant to the Project. The standards establish objectives and requirements to avoid, minimize, reduce, and mitigate environmental and social risks and impacts, and to compensate for or offset any residual impacts. In the context of the Project, UN-Habitat shall address the Project’s environmental and social risks as part of the environmental and social assessment process, in accordance with ESS1. Page 34 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures 3.3.2 Environmental and Social Risk Classification 86. The World Bank has classified the overall environmental and social risks of the Project as substantial. Environmental risks are rated as substantial, as well as social risks. The World Bank will review the risk classification assigned to the project on a regular basis, including during appraisal and implementation, and will change the classification where necessary, to ensure that it continues to be appropriate. Any change to the classification will be disclosed on the World Bank’s website. 3.3.3 Environmental and Social Commitment Plan 87. In the context of the Project, UN-Habitat has developed and will implement an Environmental and Social Commitment Plan (ESCP) that sets out the measures and actions required for the project to achieve compliance with the ESSs over a specified timeframe. The ESCP was agreed with the World Bank, was disclosed before project appraisal, and forms part of the legal agreement. The ESCP may be revised periodically to address issues that arise during implementation. 3.3.4 Labor Management Procedures 88. As required by ESS2 on Labor and Working Conditions, UN-Habitat developed Labor Management Procedures (LMP) for the Project and included it as Chapter 6 in this ESMF. 3.3.5 Environment, Health and Safety Guidelines 89. The ESF also requires UN-Habitat to apply the relevant requirements of the World Bank Group Environmental, Health and Safety Guidelines (EHSGs)39, especially the General Guidelines. These are technical reference documents, with general and industry specific examples of Good International Industry Practice (GIIP). They define acceptable pollution prevention and abatement measures and emission levels in World Bank financed projects. 90. The EHSGs contain the performance levels and measures that are normally acceptable and applicable to projects. If less stringent levels or measures than those provided in the EHSGs are appropriate in view of the financial constraints or other specific subproject circumstances, the World Bank will require UN-Habitat to provide full and detailed justification for any proposed alternatives through the environmental and social assessment of the subproject40. This justification must demonstrate, to the satisfaction of the World Bank, that the choice of any alternative performance level is consistent with the objectives of the ESSs and the applicable EHSGs, and is unlikely to result in any significant environmental or social harm. 91. In the context of the Project, UN-Habitat will apply the General EHS Guidelines.4142 The General Guidelines cover environmental, occupational health and safety, and community health and safety related risks. 3.3.6 Stakeholder Engagement and Information Disclosure 92. ESS10 requires that UN-Habitat implement a Stakeholder Engagement Plan (SEP) proportionate to the nature and scale of the project and its potential risks and impacts. The SEP is a standalone document that was prepared and disclosed prior to appraisal. ESS10 requires that the SEP: 39 A complete list of industry-sector guidelines can be found at: www.ifc.org/ifcext/enviro.nsf/Content/EnvironmentalGuidelines. 40 Project activities are not expected to require a full ESIA and ESMPand will instead require proportionate ESMPs (see Chapter 7). 41 https://www.ifc.org/wps/wcm/connect/e22c050048855ae0875cd76a6515bb18/Final%2B- %2BWater%2Band%2BSanitation.pdf?MOD=AJPERES) 42 (https://www.ifc.org/wps/wcm/connect/e22c050048855ae0875cd76a6515bb18/Final%2B- %2BWater%2Band%2BSanitation.pdf?MOD=AJPERES Page 35 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures • Describe the timing and methods of engagement with stakeholders throughout the life cycle of the project, distinguishing between project-affected parties and other interested parties. • Describe the range and timing of information to be communicated to project-affected parties and other interested parties, as well as the type of information to be sought from them. • Take into account the main characteristics and interests of the stakeholders, and the different levels of engagement and consultation that will be appropriate for different stakeholders. • Set out how communication with stakeholders will be handled throughout project preparation and implementation. • Describe the measures that will be used to remove obstacles to participation, and how the views of differently affected groups will be captured. Where applicable, the SEP will include differentiated measures to allow the effective participation of those identified as disadvantaged or vulnerable. Dedicated approaches and an increased level of resources may be needed for communication with such differently affected groups so that they can obtain the information they need regarding the issues that will potentially affect them. 93. When the stakeholder engagement with local individuals and communities depends substantially on community representatives, UN-Habitat will make reasonable efforts to verify that such persons do, in fact, represent the views of such individuals and communities, and that they are facilitating the communication process in an appropriate manner. Grievance Mechanism 94. As required by ESS10, UN-Habitat prepared, will disclose before Project appraisal and will implement a grievance mechanism as part of the SEP to receive and facilitate resolution of concerns and grievances of project-affected parties related to the environmental and social performance of the project in a timely manner. 95. The grievance mechanism must be proportionate to the potential risks and impacts of the project and will be accessible and inclusive. Where feasible and suitable for the project, the grievance mechanism will utilize existing formal or informal grievance mechanisms, supplemented as needed with project-specific arrangements. • The grievance mechanism is expected to address concerns 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. The mechanism, process or procedure will not prevent access to judicial or administrative remedies. The Borrower will inform the project- affected parties about the grievance process in the course of its community engagement activities, and will make publicly available a record documenting the responses to all grievances received • Handling of grievances will be done in a culturally appropriate manner and be discreet, objective, sensitive and responsive to the needs and concerns of the project-affected parties. The mechanism will also allow for anonymous complaints to be raised and addressed. Information Disclosure 96. The World Bank requires that all documents provided by UN-Habitat meet the requirements of the World Bank Policy on Access to Information. The Policy requires that UN-Habitat provide sufficient information about the potential risks and impacts of the Project for their consultations with its stakeholders. Such information will be disclosed in a timely manner, in an accessible place, and in a form and language understandable to project-affected parties and other interested parties as set out in ESS10, so they can provide meaningful input into project design and mitigation measures. 97. UN-Habitat will disclose the ESMF and the SEP prior to Project appraisal. It will disclose the final version of the ESCP following Project negotiations. The World Bank will also disclose these instruments in its publicly available web portal. Page 36 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures 3.4 UN-Habitat requirements 98. UN-Habitat adopted an Environmental and Social Safeguards System (ESSS) in 2016 (updated in 2021)43, which outlines UN-Habitat’s commitment, capacity and procedures to assess and manage the environmental and social risks of Projects. The objectives of the ESSS are to: • identify and evaluate potential environmental and social risks and negative impacts of projects; • apply a mitigation hierarchy to anticipate and avoid or minimize risks, and where impacts remain, compensate for risks and impacts to people, communities, and the environment; • manage environmental and social safeguards throughout the project; • engage the affected community through disclosure of project-related information and consultation on matters that directly affect them • ensure that grievances and external communications from stakeholders are responded to and managed appropriately. 99. The ESSS: • Identifies 6 Environmental and Social Safeguard Standards with objectives and requirements to manage potential risks and impacts to people, communities, and the environment from projects. • Provides procedures to screen proposed projects for potential environmental or social risks and to develop appropriate measures to avoid, minimize, or compensate for negative effects. It also ensures that mitigation measures are monitored for implementation and effectiveness, and that any impacts arising from the project are addressed. • Is aligned with United Nations, Bi-and Multilateral Institutions’ environmental and social safeguard policies. It has been prepared while bearing in mind the safeguard management systems of other organizations including the International Finance Corporation (IFC), the United Nations Development Programme (UNDP), the United Nations Environment Programme (UNEP), and the International Union for Conservation of Nature (IUCN). 100. Environmental and social safeguard standards provide guidance on how to identify risks and impacts, and are designed to help avoid, mitigate, and manage risks and impacts throughout the life of a project. The safeguard standards guide management of the environmental and social risks and impacts so that the full sustainable development benefits from the project are realized. 101. UN-Habitat has adopted the Performance Standards established by the International Finance Corporation (IFC). The IFC Performance Standards have also been adopted by the Green Climate Fund on an interim basis until 2017. 102. The environmental and social safeguard standards to be applied on all UN-Habitat projects are as follows: • Community Health, Safety, and Working Conditions • Pollution Prevention and Resource Efficiency • Biodiversity Conservation and Sustainable Natural Resource Management • Displacement and Resettlement • Indigenous Peoples • Cultural Heritage 103. UN-Habitat assesses every project against these safeguard standards by following the internal procedures presented in Chapter 3 of their ESSS system. UN-Habitat understands that not every safeguard standard is applicable on every project, and this will be noted in UN-Habitat’s Safeguards Screening Report (SSR). 43 https://unhabitat.org/sites/default/files/2021/09/un-habitat_esss3.0.pdf Page 37 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures 3.4.1 Application in the context of the Project 104. The application of UN-Habitat’s environmental and social requirements in the context of the Project will in no way supersede or diminish the obligation by UN-Habitat to comply with the environmental and social standards of the World Bank and the laws and regulations of Lebanon, as set forth in this ESMF. 3.5 Comparison between World Bank requirements and National requirements 105. The following Table compares the relevant ESF standards and the corresponding national requirements and identifies recommended actions to will any gap identified. Page 38 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Table 3. Table indicating the relevance of requirements in the relevant environmental and social standards, as well as recommended actions to fill gap between World Bank requirements and Lebanese requirements Requirements under Lebanese laws Key Requirement as per ESF Relevance to the Project Agreed Actions and regulations ESS1. Assessment and Management of Environmental and Social Risks and Impacts Meet ESS requirements in acceptable manner The requirement applies to all WB The requirement is an obligation towards UN-Habitat will implement the and timeframe (including for existing facilities), funded Projects the WB on the part of the recipient rather Environmental and Social Commitment manage entities, deploy qualified specialists, than a national requirement Plan advisory panel for high-risk projects Para 3,14,17,25,33 Agree a ‘common approach’ to joint financing The requirement is not relevant The requirement is an obligation towards No action required with other IFIs (measures included in ESCP, because no other IFI is involved in the the WB on the part of the recipient rather one set of project documents disclosed Project than a national requirement Para 9,12,13 Assess and manage associated facilities, and The requirement is relevant because Lebanese laws and regulations do not UN-Habitat will ensure that Project supply chain risks, or demonstrate legal and the Project will source material for include requirements regarding associated activities meat primary supply chain institutional inability to influence construction facilities or supply-chains requirements in ESS2 and ESS6 Para 10,11,30,32,36 Use Borrower framework, where materially The requirement is relevant to the All Project must meet all national laws and UN-Habitat will meet Lebanese labor consistent, address capacity needs Project, as UN-Habitat will meet regulations requirements and construction related Para 19,21,22,9,12,13 Lebanese labor requirements and requirements construction related requirements Carry out an integrated Environmental & The requirement is relevant because Lebanese laws and regulations do not UN-Habitat has prepared an ESCP, an Social Assessment (ESA) of direct, the Project will cause direct impacts. require the preparation of ESIAs for the ESMF and a SEP, in line with ESF transboundary impacts, adopt mitigation However, the Project will not cause type of activities implemented by the requirements. Furthermore, UN-Habitat hierarchy transboundary impacts Project will screen subprojects for potential E&S Para 23,24,26,27,35 risks and impacts and site-specific ESIA/ESMPs or proportionate ESMPs will be prepared, as determined by the screening process. Page 39 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Requirements under Lebanese laws Key Requirement as per ESF Relevance to the Project Agreed Actions and regulations Address all relevant environmental risks and The requirement is relevant because The ESMF identifies relevant impacts, impacts, apply the Environmental Health & the Project involves the rehabilitation of defines appropriate mitigation measures, Safety Guidelines (EHSG) & Good existing buildings and applies the General EHS Guidelines, International Industry Practice (GIIP) as described in Annex 5, Environmental, Para 18,26,28 Social, Safety and Security (ESHS) requirements Address all relevant social risks and impacts, The requirement is relevant, although There are no requirements in Lebanese UN habitat will follow ESS1 requirements. support disadvantaged and vulnerable groups, no land issue is expected laws and regulation In particular, UN-Habitat will assist the recognize and inform stakeholders of land most vulnerable groups and inform about tenure rights tenure rights, as well as enter into Para 28,29 agreements with landlords to protect tenants. Develop, disclose and implement an The requirement is relevant for all WB The requirement is an obligation towards UN-Habitat has prepared and will Environmental & Social Commitment Plan funded Projects the WB on the part of the recipient rather implement the disclosed Environmental (ESCP) than a national requirement and Social Commitment Plan Para 36-44 Monitor, including third-party monitors, The requirement is relevant for all WB Reporting to the WB is an obligation UN habitat will follow ESS1 requirements implement corrective measures, report to the funded Projects towards the WB on the part of the recipient Bank rather than a national requirement Para 45-50 Engage stakeholders & disclose information The requirement is relevant for all WB UN-Habitat has prepared and will on project risks, impacts, mitigation measures funded Projects implement the disclosed Stakeholder Para 51-53 Engagement Plan ESS2. Labor and Working Conditions Identify project workers (direct, contracted, The requirement to identify project The requirement uses WB specific The different types of workers are identified primary supply, community, government) workers is relevant to this Project, as it terminology that has no equivalent in in the Labor Management Procedures Para 3-8 will employ workers, most particularly to Lebanese laws and regulations prepared by UN-Habitat rehabilitate buildings Page 40 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Requirements under Lebanese laws Key Requirement as per ESF Relevance to the Project Agreed Actions and regulations Establish written labor management The requirement to establish labor Work contracts are regulated by Title I of The Lebanese Labor Code fulfils ESS2 procedures with clear employment terms and management procedures with clear the Labour Code. A worker is defined as a requirements to establish written labor conditions employment terms and conditions is person who works with an employer management procedures with clear Para 9-12 relevant to this Project, as it will employ according to an individual or collective employment terms and conditions workers, most particularly to rehabilitate agreement (art. 2). UN-Habitat will meet the requirements of buildings the Lebanese Labor Code. Ensure equal opportunity, prevent The requirement to ensure equal The Lebanese Labor Code provide equal UN Habitat will follow the Lebanese Labour discrimination and protect vulnerable workers opportunity, prevent discrimination and opportunities rights between men and Code. Para 13-15 protect vulnerable workers is relevant womenâ€? with respect to type of work, UN-Habitat will follow ESS2 requirements to this Project, as it will employ amount of wage or salary, employment, in cases where equal opportunity, the workers, most particularly to rehabilitate promotion, professional qualification, and prevention discrimination and the buildings and because the majority of apparel (LC, art. 26). Recruitment is not protection vulnerable workers are not the workers are likely to be Syrian. expressly covered. sufficiently covered within by the Labor The principle of equal pay for work of equal Code, value is not expressly provided for in Lebanese law (ILO CEACR, 2020). The Lebanese labor code explicitly covers Lebanese citizens. Respect the role of worker organizations The requirement to respect the role of Trade unions are expressly prohibited from UN Habitat will follow ESS2 requirements Para 16 worker organizations is relevant to this all political activity, including meetings or to respect the role of worker organizations, Project, as it will employ workers, most demonstrations of a political nature (art. as well as international obligations in particularly to rehabilitate buildings and 84). human rights. because the majority of the workers are Foreigners are not allowed to establish likely to be Syrian. trade unions. Art. 92 of the Labor Law expressly requires those who want to join trade unions to be Lebanese citizens, hence migrant works and refugees are excluded. They are allowed to join unions if other requirements are met – practicing the profession, being 18 or older, and not being convicted of major offenses – if they are entitled to work in Lebanon. They do not enjoy full membership, and cannot run for union office or vote in trade union elections (art 92). They may, however, nominate a delegate to defend their Page 41 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Requirements under Lebanese laws Key Requirement as per ESF Relevance to the Project Agreed Actions and regulations interests before the committee of the trade union (art 92). Collective bargaining: In order to engage in collective bargaining, a trade union must have the membership of at least 60% of the workers concerned. Collective agreements must be ratified by at least two-thirds of union members at a general assembly (arts. 3-4, Decree No 17386 of 1964; ILO CEACR, 2018). Protect against all kinds of forced labor and The requirement to protect against all Forced labor is prohibited by Decree No. UN Habitat will ban all forms of forced child labor below the minimum age or that is kinds of forced labor and child labor 3855 of 1 September 1972. There is no labor in line with Lebanese law. hazardous to child development below the minimum age or that is specific provision in national legislation UN-Habitat will not employ any persons Para 17-20 hazardous to child development is punishing the exaction of forced labor, below the age of 18. relevant to this Project, as it will employ although judges may refer to section 569 of workers, most particularly to rehabilitate the Penal Code for such cases (ILO This is fully addressed in section 6.3.3 of buildings CEACR, 2018; ILO CEACR, 2020). the LMP It is illegal for employers to confiscate workers’ passports (Order No. 142/1 of 2003). Trafficking in persons is prohibited and penalized by Law No 164/2011. It is defined as deceiving a person for the purpose of exploitation or facilitating his exploitation by others by using methods of threatening over the person who is subject to perpetrators authority (art. 586.1 Law No 164/2011). Exploitation is defined to include, inter alia, forcible or compulsory work (art. 586.1 F, Law No 164/2011). Provide an employment grievance mechanism The requirement to provide an Lebanese Law does not include any UN-Habitat will apply ESS2 requirements (separate from ESS10 GRM, and not employment grievance mechanism is equivalent provision to provide an employment grievance applicable to community labor) relevant to this Project, as it will employ mechanism (separate from ESS10 GM. Para 21-23, 33, 36 direct, contracted and primary supply workers Page 42 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Requirements under Lebanese laws Key Requirement as per ESF Relevance to the Project Agreed Actions and regulations Apply Occupational Health and Safety The requirement is relevant to this Decree 11802 of January 2004 provides UN-Habitat will apply both national and Measures taking into account the EHSGs Project, as it will employ workers, most the general regulations for the prevention ESS2 requirements to ensure that EHSG Para 24-30 particularly to rehabilitate buildings of occupational hazards and accidents, requirements relative to OHS are met. In and the promotion of health and safety in particular, UN-Habitat ensure the following all industrial establishments subject to the measures by requiring contractors to Labor Law. In particular, it covers: implement the Project ESHS requirements, • Prevention and safety measures, i.e., including inter alia: strong fencing around transport • Appropriate signage of hazardous machines, maintenance of elevators areas visible by the general public and lifting machines, and suspension • Demarcation of work sites with safety of useful signals, boilers, air tank tape, fencing or barricades, as security measures, heavy load appropriate, to prevent unauthorized movement, setting of personal access to the construction sites protective equipment; noting that the • Provision of occupational Health and employer should notify the Ministry of Safety training to all workers Labour within a maximum period of 24 • The establishment of an emergency hours for any incurred occupational preparedness and response system, accident or fire. including the training of workers on • Provision for healthy and protected the actions to be taken in emergency work environment, such as clean situations working environment, low noise, good • Provision of appropriate PPE to lighting and well ventilation, disposal workers, that give adequate protection of harmful waste, without incurring unnecessary • Provision of clean drinking water and inconvenience to the individual, a suitable place for lunch, in addition including helmets, safety boots, to an emergency kit for at least 50 gloves, goggles, safety jackets, and workers put in a visible locker. N95 masks, as well as body coverall, gloves, respirators with filters, and goggles in the case of contaminated sites • Availability at all times of qualified first-aid personnel • Installation of retaining nets to hold falling debris during construction. • Prevention of stagnation of exposed water volumes to hamper insect and vector breeding. Page 43 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Requirements under Lebanese laws Key Requirement as per ESF Relevance to the Project Agreed Actions and regulations Manage third-party contracted workers and The requirement is relevant to this Lebanese Law does not include any UN-Habitat will apply ESS2 requirements ascertain reliability of contractor entities Project, as it will employ workers, most equivalent provision Para 31-32 particularly to rehabilitate buildings Ensure safe, voluntary community labor and The requirement is not relevant to the No action required document community agreement in labor Project, as no community workers will management procedures be involved Para 34-38 Monitor primary suppliers and shift to others The requirement is relevant to this Lebanese Law does not include any UN-Habitat will apply ESS2 requirements where unable to remedy significant Project, as it will employ workers, most equivalent provision noncompliance particularly to rehabilitate buildings Para 39 ESS3. Resource Efficiency and Pollution Prevention and Management Recognize project-related pollution generation The requirement is relevant because Law 78/2018 on the protection of the UN habitat will follow ESS3 and national & resource consumption and the threat of the Project will involve activities to environment comprises articles related to requirements GHG concentration to human welfare rehabilitate buildings ambient air pollution, monitoring air Para 1,11 pollutants, etc. resulting from human activities. There are no national regulations regarding GHG concentration Apply technically feasible resource efficiency The requirement is relevant because Law 78/2018 on the protection of the UN habitat will follow ESS3 and national and pollution prevention measures, adopt the the Project will involve activities to environment comprises articles related to requirements EHSGs and other GIIP rehabilitate buildings ambient air pollution, monitoring air Para 5,6 pollutants, etc. resulting from human activities. Ensure efficient consumption of energy, water The requirement is relevant because National Electricity Policy Paper, The UN habitat will follow ESS3 and national and raw materials, optimize use, cleaner the Project will involve activities to National Water Sector Strategy, and law requirements production, reuse, recycle, reduce rehabilitate buildings 80/2018 promotes electricity metering, Para 5,6 water rationing, and 3Rs related to solid waste respectively. Page 44 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Requirements under Lebanese laws Key Requirement as per ESF Relevance to the Project Agreed Actions and regulations Implement water management measures, The requirement is relevant because There are no requirements in Lebanese UN habitat will follow ESS3 requirements minimize usage and assess cumulative the Project will involve activities to laws and regulation impacts rehabilitate buildings Para 7-9 Remediate the effects of historical pollution, The requirement is relevant because of No Action required establish a process to identify responsibility the likelihood of finding asbestos when Para 12 rehabilitating buildings Address air, water and soils impacts on human The requirement is relevant because There are no climate change requirements UN habitat will follow the relevant health & environment, consider the impacts of Project activities will rehabilitate in Lebanese laws and regulations provisions of ESS3 climate change existing buildings. Para 13 Buildings will be protected from any climate degradation or climate hazards (e.g., applying plaster to the external facades will ensure longevity of the built structure versus any climate impact Estimate sources of air pollution and avoid or The requirement is relevant because Law 78/2018 on the protection of the UN-Habitat will apply both ESS3 and minimize project-related air emissions Project activities to rehabilitate environment comprises articles related to national requirements, by requiring Para 15,16 buildings will require machinery that ambient air pollution, monitoring air contractors to comply with the ESHS produces emissions pollutants, etc. resulting from human requirements activities. Estimate gross Green House Gas (GHG) The requirement is not relevant to the There are no climate change requirements No action required emissions resulting from the project (may seek Project in Lebanese laws and regulations Bank technical assistance) Para 16 Page 45 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Requirements under Lebanese laws Key Requirement as per ESF Relevance to the Project Agreed Actions and regulations Avoid or minimize the generation of hazardous The requirement is relevant to this Decree 5606/2019 defines the norms of UN-Habitat will apply both ESS3 and and non-hazardous waste, ensure safe Project, as rehabilitation activities will hazardous waste storage, transport and national requirements, by requiring storage, transport, disposal generate hazardous and non- disposal. This decree along with decree contractors to comply with the ESHS Para 17-20 hazardous waste, including asbestos 8633/2012 Fundamental for EIAs requires requirements an assessment of the likely environmental consequences of a proposed project, and determination of necessary measures for mitigating negative environmental consequences and increasing positive impact on the environment and natural resources before approving or disapproving the project. Prepare a Pest Management Plan using The requirement is not relevant to the No action required combined or multiple tactics, and only use Project approve pesticides Para 22-25 ESS4. Community Health and Safety Identify community exposure to impacts from The requirement is relevant because Chapter 4 of Law 444/2002 requires the UN-Habitat will ensure that community project activities, equipment and infrastructure, Project activities will occur within an preparation of environmental assessments, exposure to impacts is identified during the including risks to vulnerable groups urban setting but does not specifically require the preparation of ESMPs, including for Para 1, 3, 5 proponent to identify and characterize vulnerable groups. community exposure to impacts from UN-Habitat will require contractors to project activities incorporate mitigation measures in their C- There is no specific mention of vulnerable ESMP, in line with the Project’s ESHS groups in Lebanese legislation requirements. Ensure safe design and operation of The requirement is relevant because There is no specific requirement in UN-Habitat will ensure that the design of infrastructure & equipment, with certification, the Project will rehabilitate existing Lebanese Law about the safe design and the building rehabilitation activities is third-party audit, independent expert advisory building operation of buildings reviewed by an advisory committee on high risk components Para 6-8 Page 46 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Requirements under Lebanese laws Key Requirement as per ESF Relevance to the Project Agreed Actions and regulations Manage quality of services provided to The requirement is relevant because There is no specific requirement under UN-Habitat will seek to include Universal community and apply Universal Access the Project will rehabilitate existing Lebanese Law Access features during rehabilitation where features to design where feasible buildings feasible, and where it does not negate the Para 9 heritage features of the rehabilitated buildings. Any modification of existing buildings will be based on consultations with relevant stakeholders and authorities Assess and manage traffic and road safety The requirement is relevant to this There is no specific requirement under UN-Habitat will ensure that direct and risks, maintain vehicle fleet safety, and avoid Project, as rehabilitation activities with Lebanese Law requiring a proponent to induced road safety impacts are identified incident and injury to the public affect road traffic in Beirut assess and manage traffic and road safety and addressed during the preparation of Para 10-12 risks of their activities ESMPs. UN-Habitat will require contractors to incorporate mitigation measures in their C- ESMP, in line with the Project’s ESHS requirements. Avoid or minimize direct impacts on The requirement is not relevant to this No action required ecosystem services that may result in Project community health & safety risks Para 14 Avoid or minimize community exposure to The requirement is relevant to this There is no specific requirement under UN-Habitat will require all contractors to disease and transmission related to labor Project because building rehabilitation Lebanese Law meet ESHS requirements, which include influx activities could increase community measures to avoid or minimize community Para 14 exposure to communicable or vector- exposure to disease and transmission borne diseases, including COVID-19 related to labor influx Avoid or minimize community exposure to The requirement is relevant to this Decree 5606/2019 regulates the storage, UN-Habitat will apply both ESS3 and hazardous materials, modify, substitute, Project because construction activities transport, and disposal of hazardous national requirements eliminate, ensure safe storage, transport, will generate hazardous waste, waste. UN-Habitat will require contractors to disposal potentially including asbestos However, the decree does not specifically incorporate measures to avoid or minimize Para 17-18 discuss community exposure. community exposure to hazardous waste in their C-ESMP, in line with the Project’s ESHS requirements. Page 47 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Requirements under Lebanese laws Key Requirement as per ESF Relevance to the Project Agreed Actions and regulations Conduct a Risk Hazard Assessment (RHA), The requirement is relevant to this There is no specific requirement under UN-Habitat assist and collaborate with prepare an Emergency Response Plan (ERP), Project because construction activities Lebanese Law stakeholders to prepare a Risk Hazard assist and collaborate with stakeholders to might create hazards Assessments (RHA), and to prepare an prepare Emergency Response Plans (ERP), as Para 19-23 required in ESS3 Assess risks posed by security personnel, The requirement is not relevant to this No action required encourage disclosure of government security Project, as the Project will not finance arrangements security personnel Para 24-27 Apply dam safety requirements, engage an The requirement is not relevant to this No action required independent panel of experts, and deploy an Project because the Project does not emergency preparedness plan include activities related to dams Annex 1 ESS8. Cultural Heritage Establish risks to cultural heritage from The requirement is relevant because There is no specific requirement under UN-Habitat will determine and assess the projects involving earthworks, protected areas, the Project will rehabilitate buildings Lebanese Law. risks to cultural heritage when rehabilitating known sites that have some cultural heritage However, prior authorization is required buildings with cultural heritage element, in Para 3,5,6 elements from DGA. coordination with the Directorate General of Antiquities (DGA), UNESCO, the Order of Engineers and Architects (OEA), and the Municipality of Beirut (MoB Recognize risk to tangible cultural heritage, The requirement is relevant because There is no specific requirement under UN-Habitat will recognize risks to tangible and to intangible heritage if impacted by a the Project will rehabilitate buildings Lebanese Law. cultural heritage, and to intangible heritage physical project component that have some cultural heritage However, prior authorization is required if impacted by a physical project Para 9 elements from DGA for tangible cultural heritage. component, in coordination with UNESCO, DGA, the Order of Engineers and Architects (OEA), and the Municipality of Beirut (MoB) Identify mitigation measures, conserve and The requirement is relevant because Corpus Levant manual to maintain UN-Habitat will rehabilitate in situ any rehabilitate in situ or relocate, document and the Project will rehabilitate buildings traditional Lebanese architecture proposes cultural heritage elements of the buildings catalogue, build technical capacity that have some cultural heritage appropriate techniques to rehabilitate targeted by the Project Para 9 elements buildings with cultural heritage elements Page 48 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Requirements under Lebanese laws Key Requirement as per ESF Relevance to the Project Agreed Actions and regulations Develop a Cultural Heritage Management The requirement for a Chance Find There is no specific requirement under The Project ESHS requirements include a Plan, implement a Chance Finds Procedure Procedure is relevant to this Project. Lebanese Law regarding chance finds chance find procedures, that will be Para 10-16 However, the requirement to develop a implemented and coordination with the Cultural Heritage Management Plan is Ministry of Culture and DGA not relevant. Determine presence of listed legally protected The requirement is not relevant to this No action required world, national and local cultural heritage Project as it does not affect any listed areas, consult stakeholders, implement legally protected world, national, or preservation programs local heritage areas Para 17 Manage archaeological sites and material, The requirement is not relevant to this No action required document, map, investigate, determine Project, as it does not include any custodial responsibility archeological sites Para 18-20 Address impacts on built heritage, maintain The requirement is relevant because According to Antiquities law 35/1933, all UN-Habitat will address impacts on built authenticity, preserve physical and visual the Project will rehabilitate buildings restoration works to be coordinated with heritage, maintain authenticity, preserve context with cultural heritage elements DGA. physical and visual context, in close Para 21-23 Corpus Levant is the only document that coordination with DGA defines requirements needed to preserve the built heritage, under the technical guidance of DGA. Identify natural features with cultural heritage The requirement is not relevant to this No action required significance, consult and negotiate Project preservation and use Para 24-26 Guard against theft and trafficking of movable The requirement is not relevant to this No Action required cultural heritage, identify and protect Project endangered objects Para 27-28 Page 49 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Requirements under Lebanese laws Key Requirement as per ESF Relevance to the Project Agreed Actions and regulations Proceed with commercial use only after The requirement is not relevant No action required meaningful consultation, equitable benefits because the Project only supports self- sharing and impact mitigation employed practitioners working in Para 29 Culture Creative Industries and not SMEs and large commercial activities ESS10. Stakeholder Engagement and Information Disclosure Establish a systematic approach as early as The requirement is relevant for all WB There is no equivalent requirement under UN-Habitat engaged stakeholders during possible, proportionate to project risks and funded Projects Lebanese Law Project preparation and will implement the impacts disclosed Stakeholder Engagement Plan Para 2, 3 (SEP) The Borrower will engage with stakeholders as The requirement is relevant for all WB The 2017 access to information provides UN-Habitat will engage with stakeholders an integral part of the project’s environmental funded Projects access to information by stakeholders, but as an integral part of the project’s and social assessment and project design and does not define a requirement for projects environmental and social assessment and implementation to engage with stakeholders. project design and implementation, as Para 4 indicated in the SEP Identify and analyze project affected and other The requirement is relevant for all WB There is no equivalent requirement under UN-Habitat will work closely with the- interested stakeholders for risk and funded Projects Lebanese Law recruited local NGO to help identify and vulnerability analyze vulnerability and risks Para 5, 10-12 Integrate core stakeholder engagement The requirement is relevant for all WB There is no equivalent requirement under UN-Habitat will regularly consult the principles (inclusive, culturally appropriate, funded Projects Lebanese Law relevant stakeholders throughout the understandable, consult on design, throughout project cycle (refer to SEP) project cycle) Para 6, 7 Develop & implement a Stakeholder The requirement is relevant for all WB There is no equivalent requirement under UN-Habitat has prepared, and will disclose Engagement Plan (SEP) describing measures funded Projects Lebanese Law and implement the Project SEP to remove obstacles to participation Para 13-18 Disclose accessible information allowing The requirement is relevant for all WB The 2017 access to information provides UN habitat will disclose accessible stakeholders to understand risks, impacts, funded Projects access to information by stakeholders, but information allowing stakeholders to opportunities does not define a requirement to disclose understand risks, impacts, opportunities Para 19-20 information to stakeholders. Page 50 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Requirements under Lebanese laws Key Requirement as per ESF Relevance to the Project Agreed Actions and regulations Engage stakeholders in a continuous two-way The requirement is relevant for all WB There are no laws requiring access to UN habitat will engage stakeholders in a process of meaningful consultation funded Projects public documents and the government continuous two-way process of meaningful Para 21, 22, 24 generally does not respond to requests for consultation documents. Adapt engagement commitments to changes The requirement is relevant for all WB The requirement is an obligation towards UN habitat will adapt engagement in project risk profile and disclose an updated funded Projects the WB on the part of the recipient rather commitments to changes in project risk ESCP than a national requirement profile and disclose an updated ESCP Para 25 Deploy a Grievance Mechanism, accessible, The requirement is relevant for all WB There is no practice of transparency and UN-Habitat will initiate the Grievance and allows for anonymity, disclose process and funded Projects complaints handling in public institutions in Redress mechanism once the Project response records, use existing local systems Lebanon. Although some of these starts, as indicated in the SEP, including a Para 26, 27 grievance redress and complaints handling referral pathway in the event of SEA/SH mechanisms are in place, the rate of usage and trust in these mechanisms is low. Report to stakeholders, disclosing information The requirement is relevant for all WB There is no equivalent requirement under UN habitat will apply ESS10 requirements on engagement as part of the ESA funded Projects Lebanese Law Para 9, 28 Page 51 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures 4 Environmental and Social Baseline 4.1 Beirut City Baseline 4.1.1 Topography 106. Beirut is located on a relatively flat peninsula nestled between the Mediterranean Sea and Mount Lebanon (see Figures 5 and 6). The Mount Lebanon mountain range has an average elevation of approximately 2,200 m and is composed of thick carbonate sediments. Historically, the regions topography has directed water from the mountains to the sea through a dense network of 14 rivers. Figure 7. Simplified topographic map of Lebanon – inset map showing the position of Lebanon in the Levant Region44 44 F. H. Nader, Petrographic and geochemical study on cave pearls from Kanaan Cave (Lebanon), International Journal of Speleology (Edisione Italiana), p. 40, 2007. Page 52 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures 4.1.2 Geology and Earthquakes45 Tectonic Context 107. Lebanon is one of the countries that are usually considered situated in a moderate seismic region, as it has not suffered from large destructive earthquakes for almost two centuries. It however lies on the 1000 km long Levant fault system that separates the Arabic plate in the east from the African plate in the west. This active fault extends from the Red Sea in the South to the southwest segment of the east Anatolian fault in the North. Historical Seismicity 108. Lebanon is characterized by low to moderate seismicity. However, the presence of major faults has generated devastating historic earthquakes.46 Several factors have turned Lebanon is one of the most exposed Mediterranean countries to earthquakes because of a highly urbanized coastal strip and an embryonic building code regarding anti-earthquake measures. 109. Historic information shows that Lebanon witnessed several earthquakes above 7 degrees magnitude according to Richter scale (check figure below for major seismic activities), even though the seismicity recorded in recent years has only been moderate, seismic studies have shown that the faults linked to the Yammouneh one and the Mount Lebanon Thrust could now rupture again. One of the largest historical events is the July 551 earthquake (Darawcheh et al. 2000) that affected the entire Lebanese coast and caused the destruction of most coastal cities with the reported death of 30.000 “knownâ€? people in Beirut city itself. This event was followed by a tsunami that affected the entire Phoenician coast. Municipality of Beirut 110. Beirut is surrounded by active faults. To the east, the Yammouneh and the Serghaya faults are respectively 25 and 55 km away. The Roum fault is 15 km to the south. The most dangerous fault is probably the Mount Lebanon Thrust fault that, on its way to merge with the Yammouneh fault at depth, passes just under the city of Beirut. All these faults are capable of generating earthquakes with magnitude larger than 7. 111. Another important issue is the high population’s density, in Beirut. Almost fifty percent of the Lebanese population lives or works in Beirut and suburbs. It is the political, administrative and economic centre of the country. This centralization significantly increases the vulnerability of not only Beirut inhabitants but also of all Lebanese citizens and would result in a critical situation in case a violent earthquake occurs. 4.1.3 Climate and Precipitation 112. Lebanon enjoys a Mediterranean climate characterized by a hot dry season extending from May to October, and a cool, wet season between November and April. Although only a little over 10,500 km2 in area, its wide topographical variation gives rise to a wide variety of microclimates. 113. The city of Beirut has mild climate conditions typical of other Mediterranean cities that is characterized by a wet season (November-March) with relatively short and interspersed, yet heavy, downpours, comprising approximately 80% of Beirut’s total precipitation (Figure 7). Precipitation is minimal during the dry season (April-October), with little to no precipitation between from June to August. Precipitation levels recorded at the Beirut weather station between 2006 and 2011 varied from 510 mm in 2008 to 1112 mm in 2009. 45 This section is adapted from the Beirut Urban resilience Master Plan (Phase II): Data Scoping, seismic and tsunami hazard assessments. World bank and National Council of Scientific Research Lebanon. October 2020. 46 Verdeil, E., G. Faour and M. Hamzé (des). 2019. Atlas of Lebanon : New Challenges. Presse de l’Ifpo, CNRS Lebanon. Page 53 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Figure 8. Rainfall days per month in Beirut, January (left) to December (right). 4.1.4 Beirut City Profile 114. Lebanon’s total population is estimated to be around 5.6 million, including Palestine refugees in Lebanon (PRL), Palestine refugees from Syria (PRS) and displaced Syrians. The latter group constitutes an estimated 1.5 million of the total population.47 The country also hosts an estimated 400,000 migrant workers – mostly current or former female domestic helpers – from Africa and Asia.48 115. Beirut City as defined by UN-Habitat in the Beirut City Profile49 includes 31 municipalities, including the Municipality of Beirut. Beirut City has a population of almost 1.3 million, including approximately 266,000 displaced Syrians, 27,277 Palestinian Refugees from Lebanon (PRL) and 4,300 Palestinian Refugees from Syria (PRS), according to the Lebanese Crisis Response Plan (LCRP) 2021 data.50 Although the city is home to various religions and socioeconomic groups,51 these are mostly homogenously divided over different neighborhoods. Beirut’s western districts are mostly known as Sunni, and the east as Christian. This division is, to a considerable extent, a repercussion of the Lebanese Civil War, which ended the heterogenous politico-religious and socioeconomic fusions that previously defined the city’s neighborhoods. 116. The city is home to most of Lebanon’s governmental, diplomatic, educational and health-care institutions, with key public institutions being based mainly in the Beirut’s Central District, Hamra and Adlieh areas.52 It is also the country’s biggest economic hub. Figures prior to the Beirut Port blast and 47 GoL and United Nations (2021) “Lebanon Crisis Response Plan 2017 -2021 (2021 Update).â€? https://data2.unhcr.org/en/documents/details/85374. 48 IOM UN Migration (2020) "Foreign Nationals MSNA Analysis Beirut, September 2020," 8 September. [Online]. Available: https://migration.iom.int/node/9637. 49 Based on the city profile, Beirut City encompasses 31 municipalities, covering an area of 111.22 km2. The boundaries are based on the continuously built-up area of the city with interlinked urban systems. UN-Habitat Lebanon (2021) Beirut City Profile 2021, Beirut: UN-Habitat Lebanon. https://unhabitat.org/beirut-city-profile 50 According to the city profile, the actual population figures may vary significantly from this estimate. 51 There are 18 officially recognized religions present in Lebanon, the majority being Christian (mostly Maronite, Greek Orthodox or Protestant) or Muslim (mostly Sunni, Shia or Druze). 52 UN-Habitat (2021) Page 54 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures COVID-19 pandemic showed a growth in banking and tourism, which are part of Beirut Governorate’s biggest sectors. 117. Unemployment in Lebanon is estimated to be 11.4%, with higher unemployment among women (14%) than men (10%), and almost double among youth aged 15−24 (23.3%).53 As most jobs created are in low-productivity activities that demand low-skilled labor, unemployment rates among younger educated people are higher, including those living in Beirut Governorate. 118. UN-Habitat estimates that 12% of the Lebanese population in the Beirut greater urban area is living in poverty. Between 21% and 40% of households endure moderate to severe food insecurity. These figures have been increasing due to the cumulative impact of the Beirut Port blast, the COVID- 19 pandemic, and the financial crisis, according to recent surveys conducted after the Beirut Port blast. More broadly, World Bank estimates that poverty in Lebanon54 increased from 25.6 % in 2012 to 37 % in 2019, and that extreme poverty increased from 10% in 2012 to 16.2 % in 2019. The Syrian crisis itself contributed a 7 percentage points increase in overall poverty between 2012 and 2017. 119. Besides rising poverty levels, Lebanon is also suffering from structural challenges related to high and growing inequality levels. According to some studies, the top 1% of the working population receives 25% of the national income, and the top 10% receives 55%.55 Governance 120. In contrast to other Lebanese municipalities, Beirut Municipality’s decision-making and executive powers are separated. The former is reserved for the mayor and the municipal council, while the latter is assigned to the Governor of Beirut. The Governor is technically subordinate to the Minister of Interior and Municipalities appointed by a decree of the Council of Ministers to serve a six-year term, whereas the mayor and municipal council members are elected. The current governor was appointed in June 2020, while the current Mayor and municipal council were elected in 2016 for a six-year term. 121. Beirut Governorate is represented by 24 councilors and 107 mukhtars (the representative of the smallest state body at the local level in Lebanon) elected in 2016, only 3 and 2 of whom, respectively, are women.56 122. Lebanon is characterized by political instability and weak governance. The regulatory power over Beirut City (as defined by UN-Habitat) is not held by a unified governance body, and hierarchical systems across municipal, regional, and central levels are incoherent. Despite attempts to improve the situation, efforts of municipalities also often do not reach far –– due to the heavily centralized state, bureaucracy, and the lack of financial resources. At a national level, long-standing governance challenges exist. After years in which discontent over the Lebanese Government grew, with a peak of civil uprising in October 2019, the Beirut Port blast sparked new anti-government demonstrations and sentiments. These developments have led to the resignations of two governments, as well as unsuccessful attempts by two Prime Minister Designates to form a government. Lebanon has been governed by a care-taker Council of Ministers since August 2020. In July 2021, a new Prime Minister Designate was appointed. 123. One year after taking office in 2016, the Mayor of Beirut presented a vision for the city that included, among other ambitions, ensuring environmental treatment of sanitary drainage, providing 53 ILO and CAS, 2019. Labour Force and Household Living Conditions Survey 2018-2019 Lebanon. 54 The Fallout of War: The Regional Consequences of the Conflict in Syria. Washington DC: The World Bank Group. https://openknowledge.worldbank.org/bitstream/handle/10986/33936/The-Fallout-of-War.pdf 55 Lydia Assouad, Rethinking the Lebanese Economic Miracle: The Extreme Concentration of Income and Wealth in Lebanon, 2017. 56 Standing at 132 out of a total of 156 countries according to the Global Gender Gap Report 2021, Lebanon has one of the highest overall gender gaps in the world, and amongst the lowest rates of women’s political participation (112 out of 156) and labor force participation (144 of 156). Page 55 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures modern means of transportation and parking, and ensuring maintenance of drinking water in a sustainable manner. These fit well in the city’s 2016-2022 Vision based on four development axes. Two of these axes are sustainable infrastructure and environmental development and integrated and cohesive cultural and sports development; a third axe touches upon social and inclusive development as well. 124. This vision ought to be revisited after the economic collapse and PoB explosion given the need to addresses emerging socio-economic, reconstruction and recovery needs.â€? 125. Civil society is increasing its visibility and influence in the political arena. Two examples highlighted in the Beirut City Profile57 are the civil society movement Beirut Madinati58, which promotes livability in Beirut, and the work of NGO Nahnoo, resulting in the re-opening of Beirut’s largest park, Horsh Beirut. Besides these non-profit organizations, academic centers, such as the Beirut Urban Lab (part of the American University of Beirut), are influencing public opinion while raising awareness on the city’s livability and inclusivity. Social Protection and Social Inclusion 126. Structural challenges as well as multiple crises have aggravated the situation, including in Beirut City. Thus, a large proportion of the city’s residents do not have access to effectively functioning, comprehensive, transparent and inclusive social security nets. A part of the population is not covered by the public system at all, including many of the most vulnerable.59 Essential features of the Lebanese social protection system discriminate against women, including discrimination in pension schemes and insufficient support to victims of sexual and gender-based violence (SGBV), among others.60 127. COVID-19 and the collective and individual trauma of the PoB explosion have aggravated the social protection and inclusion needs. According to the Inter-Agency SGBV Task Force61, more than half of the surveyed women and girls (54%) have observed an increase of harassment, violence or abuse against other women and girls in their household or community, 57% felt less safe in their communities, and 44% felt less safe in their homes. The PoB explosion has increased the risks related to domestic violence and SGBV, particularly for women and children. This is partly a consequence of displacement and new household compositions in shelter locations (e.g., living with acquaintances). Other factors that have contributed to the increased risks including the lack of street lighting, increased military and police presence, and stress and insecurity leading to tensions and mental instability.62 128. After the PoB explosion, psychological assistance became an urgent need, particularly among children.63 Doctors anticipate not only short-term effects, but also a long-term increase in anxiety, depression, and post-traumatic stress disorder (PTSD) among the population. Vulnerability to these 57 UN-Habitat (2021). Beirut City Profiles 2021 58 https://beirutmadinati.com 59 Some of city's inhabitants were living in precarious housing and socio-economic conditions before the explosions. Field surveys have shown that the number of female-headed households is high in the areas most affected by the explosion. There is also a prevalence of migrant workers as well as several LGBTQI organizations, who have been exposed to gender-based violence in the aftermath of the blast. Also see: https://www.iom.int/news/well-being-and-security-migrant-workers-lebanon-deteriorate-beirut-blast 60 UN-Habitat, 2021 61 Inter-Agency SGBV Task Force, 2020. Impact of COVID-19 on the SGBV Situation in Lebanon - May 2020, May: 1–12. 62 UN Women, CARE, UN ESCWA, ABAAD and UNFPA, 2020. A Rapid Gender Analysis of the August 2020 Beirut Port Explosion: An Intersectional Examination. 63 Save the Children, 2020. Rapid Needs Assessment Beirut Blast. Page 56 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures effects is higher among – besides children – those who have previously suffered from trauma resulting from the Lebanese Civil War or the Syria War, for example.64 129. The recent crises and their consequences on the residents’ socioeconomic and social well-being have also contributed to increased social tensions, partly in terms of the relations between host and refugee communities. At the same time, people have come together in solidarity and support initiatives.65 130. Associated to the increasing vulnerabilities, there is reportedly a rise in so-called “hunger- crimes,â€? such as theft, particularly in neighborhoods with wealthier communities, such as Gemmayzeh and Mar Mikhael.66 In general, crimes involving weapons and/or violence peeked following the first COVID-19 lockdown.67 131. Finally, the current challenges that Lebanon currently faces puts youth at risk of radicalization and violent extremism,68 and has been associated with increased school dropouts by children.69 4.1.5 Water Management and Sanitation70 132. About 4 percent of the Water Supply and Sanitation (WSS) facilities of the blast area were impacted by the blast but are still functioning to some extent. About 3 percent of assets received minimal damage, 1 percent partial damage, and 96 percent have not been impacted. The affected assets range from wells, water storage and supply reservoirs, a water treatment plant, a sewage treatment plant, water and sewage pumping stations, water distribution networks, sewerage networks, connections, and administrative buildings. The data sources are from various stakeholders, including the Beirut and Mount Lebanon Water Establishment (BMLWE), the Ministry of Energy & Water (MoEW), UN agencies, partners, and NGOs. The findings of the assessment were also discussed with them. 133. The blast impacted WSS services at the household level. The original report from the Lebanese Red Cross (LRC) assessment (including 2,771 affected individuals) concluded that 84 households did not have access to water, and 188 households had unacceptable toilet connections. UNICEF led the installation of water tanks and sewage connections to buildings that are not structurally damaged (several NGOs were involved under this activity, and according to the Water sector, all identified HHs were serviced). 4.1.6 Solid Waste Management 134. In all Lebanon there is no treatment for construction and demolition waste (CDW) in Lebanon is not treated, and CDW ends up in water bodies or unmanaged dumpsites. A report for UNDP in 2018 stated that there are around 841 illegal dumpsites scattered across Lebanon. 64 Sabaghi, Dario, 2020. Invisible Wounds: Beirut Witnesses Mental-Health Crisis after Blast. Middle East Eye, September 27. https://www.middleeasteye.net/news/lebanon-beirut-explosion-mental-health-trauma-ptsd-crisis. 65 UN-Habitat (2021) 66 France24, 2020. Hunger Crimes on the Rise in Crisis-Hit Lebanon https://www.france24.com/en/20200715-hunger-crimes-on-the-rise-in-crisis-hit-lebanon 67 OCHA, 2020. Humanitarian Context Overview: Lebanon Summary, December. 68 International Alert, 2017. School for Stability: Examining the Role of Education in Fostering Social Stability in Lebanon.â€? 69 IRC, 2020. Beirut: 1 in 4 Children Risk Dropping out of School Warns IRC - Lebanon | ReliefWeb. https://www.rescue.org/press-release/beirut-1-4-children-risk-dropping-out-school-warns-irc. 70 Copied from RDNA WSS note, paragraph B page 2. Page 57 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures 135. UN-Habitat is leading a consortium to deal with the CDW and received a permit from Beirut Governor to store rubble in Karantina plot 1343. The consortia are currently negotiating with the World Bank the possibility of funding the project that aims to: • Usage of the CDW in rehabilitating Lebanese mountain quarries • Creating city-scape furniture from the rejects of glass and plastics • Setting a sustainable solution for the CDW in Lebanon 136. To date, the consortia has mobilized more than 4,000 volunteers to sweep and sort the rubble, stored more than 150,000 tons of mixed rubble (and still receiving an average amount of 1,000 tons per day), received a crusher from UNICEF (donated by the Finnish government), arranged site management and safety, and currently recruiting and international expert to guide and put the safety protocols to treat the rubble in the best environmental manner. 137. The World Bank and UNDP are preparing the Beirut Critical Environment Recovery, Restoration and Waste Management Program (P176635), to control the most urgent public health and environment impacts that resulted from the PoB explosion, particularly dealing with the poorly managed hazardous waste, chemicals and other waste materials that are now present on the site. The proposed interventions are based on the needs identified under the RDNA, the Construction and Demolition Waste Management Plan prepared by the European Union71 and the Demolition Waste Assessment’ carried out by United Nations Development Program72 The selection of project interventions will also be informed by the on-going waste categories assessment of the Recygroup (supported by French Government) and other ongoing research, and will closely consider and be designed in parallel with environmental restoration activities. 4.2 Housing73 4.2.1 Pre-Blast Analysis on Beirut’s Housing Sector 138. The governance of the housing sector is characterized by the lack of a national strategy or policy and the absence of a specialized institutional body mandated with ensuring housing for all, such as a ministry for housing. Housing provision in Beirut was considered part of a profit-seeking urban strategy that favored high- and middle-income households without presenting a clear vision on how to address housing affordability for low-income and vulnerable groups.74 For instance, between 1998 and 2018 the Public Corporation for Housing (PCH) was established to facilitate low interest loans to upper-middle-income individuals to enable them to purchase housing as a way to strengthen GDP growth by supporting the real estate sector and contribute to financial stability, rather than a way to secure housing ownership for the middle class.75 Absent and/or biased urban and land policies have contributed to private development, which combined with weak urban planning and poor service provision (i.e., municipal services) has contributed to increased inequality in access to adequate housing.76 This includes the government’s incentivization of real estate and construction activities through Foreign direct investment (FDI) from diaspora and foreign investors since the late 1990s, and the facilitation of expropriation of private property for redevelopment projects in central areas of Beirut. As a result, real estate development has been realized through the concentration of development in prime locations in the city but also in the outskirts of the city; the demolition of 71 EU. October 2020. Beirut Explosion: Construction and Demolition (C&D) Waste Management Plan 72 UNDP. October 2020. Demolition Waste Assessment Outside the Port of Beirut. 73 The section on Housing is taken directly from the PAD 74 Marot, “Jadaliyya - The End of Rent Control in Lebanon: Another Boost to the Growth Machine? 75 UN-Habitat, Guide for Mainstreaming Housing in Lebanon’s National Urban Policy. 76 UNDP, “Leave No One Behind for an Inclusive and Just Recovery Process in Post-Blast Beirutâ€?; UN-Habitat, “Lebanon Urban Profile,â€? 2011. Page 58 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures existing buildings to allow for new construction; and the use of land agglomeration to facilitate construction of large-scale projects.77 Regarding cultural heritage residential buildings, the Ministry of Culture (MoC) through the Directorate General of Antiquities is responsible for the development of public policy and planning, promotion of these assets, heritage preservation, however, the heritage sector’s current regulatory frameworks do not provide adequate guidelines or incentives for the preservation of Beirut’s heritage. 139. The Lebanese real estate market presents a supply-demand mismatch in terms of prices, tenure arrangements and quality of housing. The reasons behind the market segmentation are multifaceted, notably: market regulations have incentivized homeownership over other forms of tenure arrangements (such as private rental contracts) and have promoted real estate speculation (particularly for high-end housing where profits are more lucrative); a deteriorating housing stock; the lack of public housing;78 and the predominant influence of actors involved in property development. The housing market is to a large extent segmented, catering and varying to different socioeconomic groups. The high vacancy rates across the city illustrate the disconnect between local needs, supply and lack of policy regulation. For example, the vacancy rate for plots of land was about one third,79 while vacancy of higher-end apartments in Beirut Municipality exceeded 50 percent.80 140. As a result of the speculative housing market, land and real estate prices have risen sharply. Land prices in Beirut increased an exorbitant 600 percent from 2003 to 2013, while real estate prices inflated 200 percent.81 In Beirut Municipality, the increase in home prices in the 2000s was five times that of income nationally, while rents in different areas of Beirut City increased by 30 to 75 percent over the same period.82 In 2019-2020, housing-related expenditures represented on average 36 and 29 per cent of annual spending for the median household in Beirut and Mount Lebanon governorates, respectively. Moreover, the average mid-market family unit in Beirut is priced at USD 350,000, 23 times the average per capita annual income (prior to the current crises) of USD 12,610.83 141. The residential rental segment has also felt the impact of the increasing gap between supply and demand on the market. Many higher end apartments are available in a proportion that exceeds more affordable ones. Units that were originally earmarked for the sales market are not being sold and some developers are opting to rent them at least temporally, which increases further available supply and exerts more pressure on rents. As a result, rents in Beirut are estimated to have declined by 50 percent on average from 2019 to 2020, if measuring in USD.84 However, if calculating in LBP, the opposite has occurred, and rents have skyrocketed.85 In addition to the currency devaluation, the rise on poverty and the lack of affordable rental apartments in the market does not fulfill the increasing needs of the demand.86 Inability to pay rent was the most common reason for eviction.87 In the first half of 77 Gebara, Khechen and Marot, Mapping New Constructions in Beirut (2000-2013). 78 Since its independence in 1942, the Lebanese State has rarely engaged in the production of public housing or introduced measures to protect or secure affordable housing for low-income groups such as property regularization and neighborhood upgrading 79 Beirut Urban Lab, Beirut: A City for Sale? 80 MoF, Public Finance Monitor. 81 InfoPro, Business Opportunities in Lebanon – Year XI. Real Estate in Greater Beirut [Database], 2014. 82 UN-Habitat, Guide for Mainstreaming Housing in Lebanon’s National Urban Policy. 83 Ibid 84 Ramco Real Estate Advisers (2020). 85 In addition, some owners only accept payments that does comprise a cash portion, which is further pushing the market down and vacancy rates up. 86 Bank Audi. Lebanon Real Estate Report (2020). 87 UNHCR, UNICEF and WFP, “VASyR 2020.â€? Page 59 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures 2020, 2,236 Syrians were evicted in the two governorates, constituting a 62 percent increase compared with the first half of 2019.88 142. With an oversupply of high-income housing and an underserved low-income housing market, a large and increasing share of Beirut City’s residents are suffering from a lack of affordable and adequate housing. Typically, homeowners are middle-income families with access to low-interest housing mortgages who have found the housing that they seek outside the boundaries of Beirut Municipality, within the greater city area.89 On the other hand, the pressing housing needs has led many refugees, migrants and urban poor to settle in informal areas at the outskirts of the city or overcrowded inner-city housing units, often with insecure tenure, deteriorating living conditions, and inflating prices. These markets that were estimated to accommodate 30 percent of the Greater Beirut population before the current Syrian crisis, typically combine several forms of informality, such as violations of building and construction codes, urban regulations, and property rights, and single apartments with multiple sales.90 4.2.2 Housing in Beirut after the Blast 143. Housing was the sector most impacted by the PoB explosion, with vulnerable populations being the most severely affected. The explosion is estimated to have caused between US$ 1.9-2.3 billion in damage to the housing sector, adversely affecting an estimated 351,000 residents of Beirut.91 About 87,552 houses were damaged92, 16 percent of them completely destroyed, 29 percent partially damaged, and 55 percent minimally damaged. Housing of the port and surrounding areas93 had been hit the hardest, forcing the residents to dwell elsewhere, often with friends and family. Of all asset classes, low-income housing units94 sustained the most damage, with 64 percent of these units (est. 22,000 low-income residential units) having sustained some form of damage. Losses in the housing sector are estimated between US$ 1.0-1.2 billion, which particularly reflect the high proportion of renters in the Beirut population and, the city’s high rental cost. Renter households make up about 55% in the affected blast radius. With an estimated monthly rental from damaged housing averaged at US$ 1,475.48, the net loss of rental income by landlords for the first 36 months after the explosion is estimated at US$ 544.3 million while the temporary rental of housing by displaced owners is projected at US$ 173.3 million for the same period.95 88 Inter-Agency Coordination Lebanon, “In Focus - Rise in Evictions due to Increased Economic Vulnerability (July 2020).â€? 89 . CAS (2007) 90 UNHABITAT and UNHCR. (2014). Housing, land & property issues in Lebanon: Implications of the Syrian refugee crisis. New York: United Nations. 91 World Bank Group; European Union; United Nations. (2020). Beirut Rapid Damage and Needs Assessment. Washington, DC.: World Bank Group. 92 The 87,552 damaged residential building represented about 51 percent of the 171,887 housing units assessed 93 Port surrounding areas include Marfaa, Medawar, Saifeh, and Remeil 94 Combined low-income apartment buildings and low-income, single-family housing asset typologies. 95 RDNA Page 60 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Figure 9. Housing damage across the areas most affected by the blast Source: Order of Engineers and Architects, 2020. 144. Units and buildings remaining in need of repair are mainly those severely damaged, requiring more costly structural works, encompassing historic including heritage-grade buildings. The wide national and international immediate response mostly focused on less damaged units due to the technical complexity of addressing severely damaged units. As of 25 February 2021, 5,777 buildings still remain with low or cosmetic damage (L1 damage level), 1,881 buildings with major but not structural damage (L2 level) and 1,093 with structural damage (L3 level). 145. Most of the impacted residential buildings with cultural heritage value are still unattended and remain in precarious conditions, requiring rehabilitation to allow habitability. So far early recovery efforts have focused on addressing affected residential buildings suffering minor damage96 due to a lack of leadership from the authorities, funds, capacity, and time required to assume the complex rehabilitation works of the most severely damaged buildings during what was considered the “humanitarian phaseâ€?. According to the UN-Habitat damage inventory for all the buildings within the blast affected area of damaged buildings approximately 25 buildings have not received any type of rehabilitation assistance yet, 20 have been propped but not rehabilitated, 50 buildings are under rehabilitation but not completed and 80 have been completely rehabilitated. According to the Directorate General for Antiquities (DGA), 80% of the 640 heritage buildings which were damaged by the blast are of residential use. Among these buildings, UNESCO interventions have focused on securing the most severely damaged buildings using international and DGA standards97, with a lot of 14 heritage buildings in Rmeil, Saifi and Medawer.98 However, the majority of the affected historic 96 Buildings with less than 10 percent of physical damage. 97 Prior the PoB explosion, many heritage buildings were object of inappropriate interventions using concrete and other non-compatible materials, which have weakened the historical structural fabrics. 98 Other damaged buildings were stabilized by other organizations, including Aliph (12 buildings), Association for Protecting Natural Sites and Old Buildings in Lebanon (APSAD) (5 buildings), Beirut Built Heritage Rescue (BBHR) (12 buildings), private contractors ‘on pro-bono’ basis and others. Page 61 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures residential units did not receive any attention and those damaged buildings that have been addressed require further complex technical interventions to ensure their habitability. 146. The lack of coordinated policies and support systems for property owners and occupants has rendered housing conditions contingent upon the owners’ ability or willingness to pay for necessary works.99 A large share of Beirut’s housing stock is deteriorating and in need of renovation and maintenance works. Cost represents a major impediment for preservation, as there are no incentives in place for property owners or occupants to maintain their housing units and buildings nor a monitoring system or other compliance mechanisms to enforce a certain standard for housing conditions. For instance, despite Lebanon being an earthquake-prone country, a significant number of buildings do not have appropriately secure and solid structures that could withstand any hazard, such as seismic. According to an assessment conducted in eight neighborhoods within Beirut city by UN-Habitat, in seven neighborhoods, between 30 and 62 per cent of buildings need major repair or emergency intervention to their exterior walls, windows, doors and balconies).100 147. More than 41 percent of the affected buildings sampled are vacant, and more than 32 percent present some kind of legal issue.101 UN-Habitat has identified three main categories of legal status and legal ownership of the building affected by the PoB explosion these comprise (see figure 9): i) sole ownership with no legal issues, ii) joint tenancy with legal issues, and iii) pending ownership and legal status. Buildings with sole ownership and with no legal issues are those which are either owned by the private owners or the municipality. In this case, the property is a) rented by tenants under either the old or the new rental contracts; b) occupied by the owner; or c) vacant. In the case of buildings under joint tenancy, the building is owned by different family members. In this ownership typology, the property is a) occupied by old renters, b) occupied by the owner(s), or c) vacant. Finally, there are some buildings that are pending ownership and legal status, i.e., the property is neither owned by a private owner nor by the Municipality (e.g., pending expropriation). In the aforementioned situation, the property is either a) rented informally, b) occupied by the owner prior to the change of the legal status, or c) vacant. 67.7 percent of the targeted building had sole ownership, the majority of them are rented (26.5 percent), 26.5 are vacant and 14.7 are occupied by owners. Regarding buildings with legal issues, 5.8 percent have joint tenancy and 26.5 percent have pending ownership and legal status. 148. Low and middle-income households are under the greatest distress and consequently, in most need of financial and physical support for rehabilitation and rental costs. In the aftermath of the blast, low-income homeowners might have had to sell their housing units (when they were able to do so) while many vulnerable tenants are unlikely to be able to pay their rent. The compounding crises represent risks of further exacerbating the fragile situation, including a potential collapse in property prices, increased rent disputes, further overcrowding, increasingly precarious tenure and renters seeking more affordable housing options outside the city. For homeowners, the unstable financial environment, renders the access to funds for reconstruction extremely difficult and precisely the sale might be a way to secure hard currency. On the other hand, those who are struggling to pay rent have been evicted, forced to relocate elsewhere or are still living in their homes in precarious conditions.102,103. A multisectoral needs assessment of two of the most blast-affected neighborhoods, Karantina and Mar Mikhael, highlights the precarious tenure conditions for many of those most 99 UN-Habitat, “Guide for Mainstreaming Housing in Lebanon’s National Urban Policy.â€? 100 UN-Habitat (2021). Beirut City Profiles 2021. 101 Data from a sample of 20 buildings conducted by UN-Habitat in the Rmeil. 102 Old-regime tenants will be reticent to leave their units, whatever the living conditions, yet old-regime landlords may be unwilling to or unable to invest in rehabilitation given the lack of financing and low rates of return. 103 UNDP, “Leave no one Behind for an Inclusive and Just Recovery Process in Post -blast Beirut. Page 62 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures affected, with up to 57.2 per cent of respondents did not have an official lease agreement and 3.2 per cent of respondents had lost these documents in the blast.104 149. Precarious tenure and threat of eviction by property owners are of great concern in Beirut, particularly for the most vulnerable groups. Evictions are extensive in central areas of Beirut. Among Syrian refugee households, the share of those living under eviction threat in Beirut Governorate increased from 4 percent (2018) to 8 percent (2019) before decreasing to 3 per cent (2020).105 Women-headed households consistently have less tenure security and worse shelter conditions.106 Variables contributing to tenure insecurity and evictions include lack of formal written lease agreements (only 2 and 1 percent of Syrian refugees in Beirut and Mount Lebanon governorates, respectively, have written agreements), rent burden, and relationships to the property owner and a limited recourse to the court system. The majority of evictions and eviction threats are conducted without following due legal process, and the eviction notice is often very short (less than a month).107 150. Beyond the physical damage of the blast, housing speculation is threatening the preservation of the cultural identity of the central areas of Beirut. The following Housing, Land, Property (HLP) issues have been identified: owners’ plans to repurpose or upgrade property; the refusal of owners to rehabilitate damaged property, particularly in cases where the tenants’ rental arrangement is about to expire and the owner does not wish to extend it; pressure on property owners who do not have the financial means to carry out repairs to sell their properties to developers or investors and those homeowners that might have to sell their housing units to secure hard currency from the sale in a context of the rapid devaluation of the Lebanese pound.108 4.3 Cultural and Creative Industries 151. Beirut is recognized as a regional cultural hub across the Mediterranean, due to its rich history and outstanding cultural heritage, as well as for its vibrant culture and creativity. Its heritage reflects many different civilizations, from Phoenician, Hellenistic, Roman, Byzantine, to Arab and Ottoman, among others. This remains in the tangible heritage within the urban fabric, but also in the artistic and intellectual communities developing a wealth of cultural and creative production. Within a dynamic definition of culture that involves both tangible and intangible assets, Beirut’s cultural sphere could be broadly categorized into heritage sites, historic buildings, and cultural and creative industries (CCIs). This would capture physical landmarks as well as productive aspects of culture. 152. The CCI sector includes a wide range of subsectors and specializations, including production, dissemination and communication. According to UNESCO, 109 CCIs are understood as organized activities centered around the production or reproduction, promotion, distribution or commercialization of goods, services and activities of content derived from cultural, artistic or heritage origins. There is not yet an official categorization of CCIs in Lebanon, but a definition has been recently established around seven areas:110 (i) audiovisual and interactive media; (ii) performing 104 Norwegian Refugee Council (NRC)’s multisectoral needs assessment 105 UNHCR, UNICEF and WFP, “VASyR 2019â€?; UNHCR, UNICEF and WFP, “VASyR 2020.â€? 106 UNHCR, UNICEF and WFP, “VASyR 2019.â€? 107 UNHCR, UNICEF and WFP, “VASyR 2020.â€? 108 HLP TTC, “Guidance Note on Housing, Land and Property in the Context of the Beirut Port B last Response.â€? 109 Cities Culture Creativity, Leveraging culture and creativity for sustainable urban development and inclusive growth, UNESCO and The World Bank 2021. https://documents1.worldbank.org/curated/en/104121621556036559/pdf/Cities-Culture-Creativity-Leveraging- Culture-and-Creativity-for-Sustainable-Urban-Development-and-Inclusive-Growth.pdf 110 Ibid Page 63 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures arts; (iii) intangible cultural heritage; (iv) literature and press; (v) visual arts and crafts; (vi) design and creative services, and (vii) heritage and tourism activities. 153. Relevant examples include: • Design, fashion design (clothes, garments, shoes, jewelry), interior and architectural design • Habitat, such as furniture, lighting, textile, and decoration) • Performance and celebration, including performing arts, music, festivals and fairs • Visual arts and crafts, including fine arts, photography, graphic design, and crafts • Books and press, including books, library, and book fairs • Audio-visual and interactive media, including film and video, radio, internet podcasting, and video games • Cultural and Natural heritage, such as museums, archeological and historical sites, and cultural landscapes • Gastronomy, including type snacks, restaurants, and food types 154. Due to lower barriers of entry, CCIs play a critical role in developing and fostering the socioeconomic inclusion of vulnerable groups. For instance, at a global level about 45% of workers in CCIs are women.111 In Lebanon, it is estimated based on anecdotal evidence that the sector is heavily dependent on youth. Being part of a creative ecosystem often encourages connections between groups that normally would not interact, thus building tolerance, commonalities, innovation and embracing diversity. As CCIs have strong linkages with intangible heritage, the proximity of creators within a defined spatial dimension reinforces the exchange of local knowledge and skills, builds-up creative networks and can attract investors and innovators. This dynamic environment also helps to broaden social networks, increase social capital and strengthen a sense of identity and of belonging to a community. Moreover, it helps integrate marginalized communities, such as displaced people and refugees. For example, an initiative in the cinema industry is reaching out to children and youth, including in refugee settlements, with no access to films as an educational tool, giving them the opportunity to explore a new world and create an interest in film production as a form of self- expression. Likewise, a theater company is developing psychosocial interventions based on a drama therapy approach, targeting various marginalized populations such as: women, youth and children subject to domestic violence; incarcerated youth and residents of shelters; children and youth with physical and intellectual disabilities; foreign domestic workers; and migrants, displaced people and refugees. 155. CCIs contribute significantly to the Lebanese economy. In 2015, it was estimated that CCIs in Lebanon contributed 5% to Lebanon’s GDP and 4.5 percent to national employment, with average annual growth rate of over 8 percent112. It is estimated that approximately 20 percent of the economically active population of Beirut (362,000 people) work in the sector, including both formally and informally. Each creative business, gallery, and cultural space provided on average 5 full-time jobs. Between 2013 and 2014, over 4,000 CCI businesses were active across the country, with the heaviest concentration in Beirut. Beirut’s CCIs are clustered in specific locations to allow communities to reap the benefits of increased economic activity and provide the opportunity for uniqueness in an increasingly globalized world. In 2018 the CCI sector entered a period of stagnation and then of recession, similarly to most sectors of the Lebanese economy. 156. The CCIs in Beirut are mostly located in the neighborhoods affected by the explosion, which are home to 850 CCI businesses, and 88 galleries and cultural spaces. Overall damage to the cultural sector is estimated at US$ 1–1.2 billion, with losses for the first 36 months after the explosion ranging from US$ 400 to US$ 490 million. The explosion damaged tangible cultural assets, including 652 heritage buildings (public and private), 240 assets of religious significance, 11 national monuments, 9 theaters and cinemas, 6 museums, 24 libraries and archives. The explosion also damaged 713 CCI 111 Ibid 112 UNIDO, 2015. Mapping of Clusters in Cultural and Creative Industries in the Southern Mediterranean Page 64 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures businesses, and 64 galleries and cultural spaces, severely decreasing cultural productions. The area most-affected by the blast happened to be the vibrant epicenter of the city, driven by traditional and modern artisans that largely operated within its creative ecosystem, with historical buildings hosting the cultural and creative productions. The impact on the livelihoods of CCIs workers, mainly youth, women and marginalized groups, was devastating with an estimated 3,500 jobs lost as a result, and the risk that those affected will permanently abandon the sector. 4.4 Gender Based Violence113 4.4.1 Background 157. Throughout 2020, Lebanon faced a deterioration in its economic condition that resulted in the devaluation of the Lebanese pound, with estimates revealing that more than 55% of the country’s population is now trapped into poverty and struggling to meet primarily necessities. This is also the case of 89% of the Syrian refugee population who are living under the extreme poverty line. This situation comes at a critical period as the country continues to report increasingly high numbers of COVID-19 cases leaving health systems and frontline workers overwhelmed. In addition, the Beirut port explosions, on August 4th, which caused large human and material losses, left thousands of people of all ages and nationalities, in particular vulnerable groups, affected with post-traumatic stress disorders and emotional traumas. Vulnerable groups at risk from the host community, namely female refugees, migrant workers, sex workers and persons that identify as LGBTIQ+, in particular transwomen, face higher risks in 2020 in comparison with previous years.114 158. In light of these adversities, the annual Gender Based Violence Information Management System (GBVIMS) report aims to provide a situational analysis on the impact of the socio-economic situation, COVID-19 pandemic and Beirut port explosions on the Gender-Based Violence (GBV) situation in Lebanon. The data reflected in this report is provided by thirteen (13) data gathering organizations that coordinate the GBVIMS through a National Steering Committee in Lebanon. The analysis has been triangulated with other sources including protection monitoring reports, various technical sector’s data, surveys and impact assessments conducted in the period of this analysis. 4.4.2 Increase in GBV Incidents Against Women and Girls 159. Data reported through the GBVIMS indicates a 5% increase in female survivors in 2020 (98%) in comparison to 2019 (93%). Data collected in Quarter 2 of 2020 indicates the most disproportionate impact of COVID-19 on women and girls (99% female survivors) during this period. In addition, 9% increase in Lebanese survivors accessing Gender-Based Violence (GBV) case management services, amounting to 35% in 2020 in comparison to 26% in 2019. This increase of female survivors is not surprising, since during the early stages of the outbreak of COVID-19 many humanitarian organizations in Lebanon and various countries reported an increase in GBV incidents linked with lockdown restrictions and family confinement in the households. Analysis suggests that since the outbreak of COVID-19 more organizations have outreached to Lebanese nationals due to the emerging risks of GBV, including domestic violence, in comparison to the period prior to the outbreak in which most programme interventions targeted mainly Syrian refugees. From February to November 2020, 113 This section is taken directly from UNFPA, UNHCR. 2020. Gender-Based Violence Information Management System. Annual Overview of Incidents of GBV in Relation to Lebanon’s Situation 2020. https://reliefweb.int/report/lebanon/gender-based-violence-information-management-system-annual-overview- incidents-gbv 114 See the following sources: • https://www.preventionweb.net/news/lebanon-financing-facility-approves-55-million-recovery-program- targeting-vulnerable • https://www.rescue.org/resource/supporting-beiruts-immediate-social-recovery-services-environmental- social-standards-all Page 65 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures the Internal Security Forces (ISF) reported to have a 102% increase in calls to their domestic violence hotline number115, mostly from Lebanese nationals. The COVID-19 pandemic, political uprising and the devaluation of the Lebanese pound compounded one of Lebanon’s worst socio-economic crises since the civil war, high levels of unemployment and inflation is leaving individuals and families inability to meet their basic needs, including paying for rent. In addition, the Beirut port explosions further exacerbated the situation in the areas of Beirut/Mount Lebanon. 160. Gender-Based Violence incidents that occurred online have significantly increased following the outbreak of COVID-19. Case managers working with survivors reported that since the beginning of the lockdown, more women and girls, especially among Palestinians and Syrians refugees are being exposed to online sexual harassment and blackmail. GBVIMS data indicates that 2% (2020) of survivors are Palestinian. In addition, the Internal Security Forces (ISF) indicates that 143 incidents (threats and exploitation) were perpetrated online in the month of July and August 2020, with the majority being against women and girls, 70% (July) and 75%(August). Lockdowns and movement restrictions have led to an even greater reliance on the internet, particularly the use of social media, and cell phones for communication, thus amplifying the likelihood of women and girls being exposed to GBV incidents online. 4.4.3 Increase in GBV Incidents of Intimate Partner Violence 161. GBV case managers report an increase of survivors in need for case management services, especially through their hotlines, since face-to-face case management services were significantly limited (focusing only on urgent and high-risk cases) due to the outbreak of COVID-19. Data from the GBVIMS highlights this trend with a 3% increase in incidents perpetrated by an intimate partner or family member in 2020 (69%) in comparison to 2019 (66%). In addition, with the continuous lockdown measures in place, incidents of intimate partner violence continue to be on the rise. This is noted with a 5% increase in incidents of intimate partner violence between Q3 (67%) and Q4 (72%), when lockdown measures imposed by authorities were stricter. Triangulated data from the United Nations Relief and Work Agency for Palestine Refugees in the Near East (UNRWA) indicates that there has been a rise in incidents of domestic violence within Palestinian camps and children have reported to have witnessed these incidents within their households. Furthermore, according to data collected by a national non- governmental organization, KAFA (Enough Violence and Exploitation), the number of calls from their hotline increased 3 folds, reaching an average of 950 calls on monthly basis during quarter 4 of 2020. 162. According to a survey on the impact of COVID-19 on GBV programming in Lebanon conducted by the SGBV Task Force in December 20207, all persons have been affected by the shift to remote modality of service provision, however some of the most notable are, LGBTIQ+ (2%), persons with disability (10%), adolescent girls (12%) and adult women (8%). 4.4.4 Most Prominent Type of GBV Incidents Reported: Physical Assault and Psychological/Emotional Abuse 163. Due to the prolonged confinement and ongoing lockdown measures the most reported type of incidents through the GBVIMS in 2020 were physical assault 38% (2020) and psychological/emotional abuse 33% (2020). These two types of GBV incidents are linked to incidents of intimate partner violence and domestic violence. Data from the GBVIMS indicates a 3% increase in 2020 (80%) compared to 2019 (77%) of incidents taking place at the survivor’s and perpetrator’s home. Since the breakout of COVID-19 in Lebanon, 57% of women and girls have reported feeling less safe in their communities and 44% of women and girls reported feeling less safe in their homes. Analysis indicates that the dire economic situation has resulted in high tensions within the household 115 COVID-19 magnifies issues of gender-based violence in Lebanon https://www.dailystar.com.lb/News/Lebanon-News/2020/Dec- 08/515137-covid-19-magnifies-issue-of-gender- based-violence-in-lebanon.ashx Page 66 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures due to the inability of meeting basic needs, restriction of movement, increased debts and family members obliged to share small housing spaces. The pandemic has resulted in immediate exacerbation of gender inequalities. Data from the GBVIMS indicates a 9% increase in incidents of physical assault occurring in the survivor’s house in Q2 (21%), coinciding approximately by the time of the start of the pandemic, compared to Q4 2020 (30%). This increase was also notable among survivors of psychological/emotional abuse, accounting for a 4% increase, 18% (Q2 2020), and 22% (Q4 2020). 4.4.5 Increase of Incidents of Child Sexual Abuse Against Boys and Sexual Assault Incidents in the Areas of Beirut/Mount Lebanon 164. Almost a year has passed since the tragic Beirut port explosions that claimed the lives of over 200 people, injured over 6,000 and displaced more than 300,0009. People affected by the Beirut port explosions continue to experience post-traumatic stress, exhaustion, anxiety and distress, especially among street connected children. Data from the Protection Sector monitoring reports indicates that 96% of people have experienced mental health distress due to the socio-economic situation and 60% due to the outbreak of COVID-19. GBVIMS data in Beirut/Mount Lebanon indicates that 21% (2020) of child sexual abuse survivors are boys under the age of 18. Analysis suggests that the ongoing closure of schools has increased the risk of children being exposed to violence, especially street connected children and tensions within the household have increased due to the dire economic situation and high levels of unemployment. Furthermore, according to data collected by the International Rescue Committee (IRC) Protection Monitoring reports in December 2020, a higher percentage of boys were reported to be out of school in comparison to girls, this may be linked to the fact that more boys are being engaged in child labor, hence increasing the risks of being exposed to child sexual abuse. In addition, data collected through the Vulnerability Assessment of Syrian Refugees (VASyR) for 2020 indicates that 4.4% of Syrian children were engaged in child labor in 2020 in comparison to 2.6% in 2019. 165. The Beirut explosions impact continues to ripple across all populations, regardless of age, sex, nationality and especially among vulnerable groups, women and children at risk, LGBTIQ+ and persons with disabilities. Data from the GBVIMS in Beirut/Mount Lebanon indicates that 1% (2020) of survivors who have some form of disability. In addition, triangulated data from UNRWA indicates that persons with disabilities have struggled to access available services especially livelihoods and living space is not adapted due to design and over crowdedness of camps and they continuously face discrimination and isolation. 166. Data from the GBVIMS in Beirut/Mount Lebanon indicates a 3% increase of sexual assault incidents occurring in the street between Q2 2020 (4%) and Q4 2020 (7%). Analysis indicates that this increase is a result of empty and dark streets at night after the Beirut explosions, poor lighting conditions and abandoned buildings. The increase in incidents has also resulted in a higher number of referrals to GBV services as a result of the explosions. This is highlighted by data collected through the Referral Information Management System (RIMS), 265 (July – October 2020) in comparison to 152 (March- June 2020)116. 167. Furthermore, data from the GBVIMS highlights a 3% increase in survivors reporting having no relation with the perpetrator, 15% (Q2 2020) compared to 18% (Q4 2020). 4.4.6 Risks of Sexual Exploitation 168. Incidents of sexual exploitation often go unreported, especially among female refugees and migrant workers due to the fear of retaliation, lack of information on reporting mechanisms and many 116 Referral Information Management System (RIMS), Preparing for and responding to emergency crises with efficient and accountable referral pathways. November 2020 https://reliefweb.int/sites/reliefweb.int/files/resources/RIMS%20Nov%20report_2020.pdf Page 67 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures are not able to report incidents to the authorities due to the absence of a legal residency. This is further supported by data collected through the GBVIMS which indicates that 40% (2020) of survivors have declined accepting referrals to legal assistance services. According to data collected through the GBVIMS in 2020, 1% of survivors reported incidents of exploitation and nearly 4% reported incidents perpetrated by landlords. Protection sector data reported through Protection Monitoring reports indicates that due to the unaffordable rent prices and increased tensions with landlords, 15% of head of households have changed accommodation in the last year. In addition, data from the IRC Protection Monitoring reports for the month of November 2020 indicates that, 66% of female headed households reported that their levels of debt had significantly increased, in comparison to 57% of male headed households. The increased levels of debt are more likely to expose women and adolescent girls to various forms of violence such as physical assault, child marriage, harassment and sexual exploitation. 169. Preliminary findings from VASyR in 2020 indicates that 3% of refugee women and 2.5% of refugee men worry about family members being sexually exploited in relation to paying rent, 4% of refugee women and 3% of refugee men worry about exploitation in relation to accessing food. Protection sector data indicates that there has been an increase in eviction or threats of eviction due to the inability to pay rent. Data from Protection Monitoring reports for the month of November 2020 indicate that 79% of people, majority of which are refugees, were not able to pay their rent and 55% had to reduce spending/not pay their rent. 170. Landlords have increased pressure and threats to pay rent through verbal abuse and harassment. These circumstances have pushed people towards harmful coping mechanisms as the vast majority of persons especially among the most vulnerable groups are facing extreme difficulties in paying for food, rent and health services including testing for COVID-19 and treatments. 4.4.7 Challenges to Reporting GBV Incidents and Effect of Remote Modality of Service Delivery 171. Incidents of Gender-Based Violence have been on the rise this year in comparison to 2019, nevertheless, many incidents continue to go under-reported. GBVIMS data indicates that 43% (2020) of survivors reported incidents of GBV more than one month after it occurred. The conditions and restrictions in place due to COVID-19 have directly impacted survivors of GBV, especially among women and girls. Analysis suggests that this is due to the following: 1) survivors sharing the house with the perpetrator, which most often is an intimate partner or family member, 2) restriction of movement and difficulty in accessing communication means due to the sharing of phones among several family members, 3) lack of privacy and 4) lack of resources to afford related communication costs. 172. Furthermore, according to a survey on the impact of COVID-19 on GBV programming in Lebanon conducted by the SGBV Task Force in December 2020, indicates that GBV services were affected by the pandemic, 50% of the respondents stated that their organization was not able to reach the same number of people in need in 2019 (with the comparable level of resources and funding). Moreover, respondents also mentioned that some illiterate people, women and girls are facing very hard socio-economic conditions and survivors of intimate partner violence obliged to live with their perpetrators during lockdown periods were also affected by the shift to the remote modality. 4.5 COVID-19 173. As of 2 November 2021, WHO has reported 642 225 confirmed cases of COVID-19 with 8 509 deaths. As of 1 November 2021, a total of 3 483 026 vaccine doses have been administered.117 117 https://covid19.who.int/region/emro/country/lb Page 68 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures 174. The COVID-19 pandemic comes on the heels of the ongoing economic and financial crisis in Lebanon, with lockdown measures hampering economic activities and leading to increased unemployment, under-employment and working poverty, among other things.118 In addition, while the economic crisis had mainly hit tradable sectors, the coronavirus epidemic led to the collapse of other sectors, including tourism and transport. 175. Due to currency depreciation and political instability, businesses were already facing rising costs, while consumers were experiencing dwindling purchasing power. The economic contraction, along with the two-digit inflation rate, the increased levels of unemployment and income losses, as well as the steep depreciation of the Lebanese pound, are the factors underlying the substantial increase in poverty rates in Lebanon. As of 15 March 2020, the World Bank estimated poverty rates to have increased from 37 per cent in 2019 to 45 per cent (equivalent to 2.43 million people), and extreme poverty rates from 16 per cent to 22 per cent. The pandemic and deepening economic crisis are expected to result in even higher rates of poverty. 176. The shock caused by the pandemic to the “arts and entertainment sectorâ€? (a CCI sector) is the sixth hard-hit sector in Lebanon, employing 13,000 workers.119 Theatres, cinemas, museums, archaeological sites, public parks, and entertainment and sports venues have been closed for more than three months, leading to huge losses incurred by businesses and severe repercussions for the workers ordinarily employed in such activities. 118 The Rapid Diagnostic Assessment of Employment Impacts under COVID-19 in Lebanon – ILO – August 2020. https://www.ilo.org/wcmsp5/groups/public/---ed_emp/documents/publication/wcms_754666.pdf 119 Ibid Page 69 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures 5 Potential environmental and social risks and mitigation measures 5.1 Project Risks 177. The environmental and social risks of the Project by a Project component, subcomponent and activity are outlines in Table 4 below. The risks include: 5.1.1 Renter exclusion 178. The exclusion by landlords of past tenants following the rehabilitation of the buildings is a significant risk. This is compounded by fact that many of the previous tenants were of modest means, benefited from rental control, and belonged to minorities, such as the elderly, migrant workers, refugees, LBGTQI persons and female headed households. Landlords would argue that the rehabilitation of the buildings were so extensive as to change their nature, and that the change would justify increased rent. 179. The project will address this by conducting information and Q&A sessions for property owners and tenants in order to ensure understanding of their rights and obligations under the project. Technical staff will regularly verify the presence of assisted families whether the circumstances confirm the targeted duration of the assistance, if the conditions have changed or there was any breach to the agreement or dispute between the beneficiary and property owner. Complex disputes and eviction threats cases should be referred to legal actors for the provision of legal services tailored to each situation. A Due Diligence checklist will be developed to ensure that beneficiaries are in lawful possession of the property and there is an existing tenancy agreement (written or verbal) and thus to avoid later disputes or issues of liability for owners, tenants and third parties. If there is no existing rental agreement, the project should assist with developing this. Landlords will be encouraged to sign long-term agreements with tenants to ensure security of tenure. 5.1.2 Tangible cultural heritage 180. There is a risk that the significance of the valued heritage features of rehabilitated buildings could be degraded during their rehabilitation. The neighborhoods where the Project will intervene are considered to have historical and cultural significance, as they are representative of early 20th century architecture and design. Although the Project does not target buildings that have specific cultural heritage value, the targeted buildings will have features that are culturally significant. The following Figure presents 5 preidentified buildings with heritage value located in the Rmeil and Medawar districts. Figure 10. Sample of buildings with heritage value preidentified in the Rmeil and Medawar districts. Page 70 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Table 4. Environmental and social Risks by Project activity Activity Risks Mitigation Measures Component 1. Housing Recovery: Budget 9,382,000 USD Subcomponent 1.1 Housing Recovery: 8,409,000 USD Evidence based studies and selection of Clusters based on UN-Habitat will ensure that vulnerability is taken into criteria (tbd): Vulnerable or insolvent persons might be excluded account when selecting clusters, including humanitarian • Identify the most damaged housing units with cultural during the selection process. standards, socioeconomic status, persons with specific heritage value eligible under the project needs, and safety status. Landlords might increase rental prices following • Conduct a rapid socio-economic verification assessment to rehabilitation or evict them if they refuse to pay (ESS4) DGA will advise on non-residential buildings protected identify level of vulnerability under national heritage legislation which will be excluded The studies themselves might cause labor risks, • Identify legal aspects and level of occupancy including SEA/SH, child labor or forced labor (ESS2) from the Project • Verify buildings, common and open spaces UNESCO will advise on buildings that were assessed • Validate damaged buildings according to criteria and propped after the blast which fit the criteria Priority will be given to youth- (aged between 18 and 35 years old) and women-led entities and female and youth practitioners. Special attention will also be paid in the outreach to cultural practitioners who are persons with disabilities, elderly (aged 60+), LGBTIQ+, refugees, displaced people, and migrants. It is expected that at least 50 percent of direct beneficiaries will be women. UN-Habitat will require all contracted workers to sign the Code of Conduct in Annex 5. Conduct detailed technical assessments and engineering analysis The design of rehabilitation activities might not take into UN-Habitat will mitigate this risk by following a due to develop Bill of Quantities (BoQs) and prepare construction account the cultural heritage components of the buildings diligence checklist when engaging with the parties, offer documents for the rehabilitation of residential units and buildings (ESS8) mediation/negotiation and legal assistance as needed. • communication and outreach with direct beneficiaries Damage to local cultural heritage and heritage buildings UN-Habitat will liaise with DGA and UNESCO to • verification and validation of legal aspects not officially recognized as Cultural Heritage during implement the measures recommended in the manual • consultations/agreement on the design and finalization of rehabilitation activities for minor interventions was derived from the Corpus legal documents The design activities might not address earthquake risks Levant manual by the Beirut Assist Cultural Heritage • structural assessment and designing the intervention type – The studies themselves might cause labor risks, (BACH) following the POB in September 2020 stabilization, structural strengthening or full reconstruction including SEA/SH, child labor or forced labor (ESS2) UN-Habitat will ensure that all rehabilitation design • sharing the results and consultations and consensus by meets the requirements of Standard NL135 (2012) homeowners and tenants Protection from earthquakes: general rules. This will be Page 71 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Activity Risks Mitigation Measures • procurement of design/implementation/supervision done through reviews and approvals by the municipality consultancy and civil works contractor, led by PIU and local of Beirut, DGA, and the Order of Engineers and implementers Architects UN-Habitat will ensure that the nature of rehabilitated buildings is maintained, as well as the character of the neighborhoods. This will require DGA clearance UN-Habitat will require all contracted workers to sign the Code of Conduct in Annex 5. Construction, assistance and inspection (AI) There is a risk that rehabilitation activities The following UN-Habitat will include Environment, Social, Health and • Implement construction works issues Rehabilitation activities might cause the following safety (ESHS) requirements (Annex 5) in bidding • Provide guidance to homeowners during construction risks: documents and contracts, and monitor their • implementation. The requirements include à Code of • ESS assurance Poor working conditions • Conduct. • Inspect and supervise to verify satisfactory achievement of Work place discrimination compliance with disaster resilient standards • Unsafe working conditions (OHS, ESS2) • Handover to homeowners - tenants • Child or forced labor, including in primary supplies • Continued Communication and outreach (SEP) • Sexual abuse and harassment, including the abuse of child workers, and including primary suppliers • Poor management of solid, liquid and hazardous waste (ESS3) • Disturbances (noise, dust smell, ESS3) • Increased traffic and traffic accidents (ESS4) The above risks are compounded because of lax enforcement. Subcomponent 1.2. Tackling housing and property (renter–owner) legal disputes within selected buildings to facilitate the return of affected households, promoting affordable rental housing 50,000 USD • Identify the legal issues pertaining to property rights in the Given the current housing market, there is a significant UN-Habitat will mitigate this risk by following a due selected buildings, which may hinder the return of affected risk that building owners might not allow the tenants at diligence checklist when engaging with the parties, offer households the time of the blast to retain their rentals once they are mediation/negotiation and legal assistance as needed. • Review and put forth legal remedies related to the identified rehabilitated. UN-Habitat will take into account that women are renter–owner disputes in selected buildings The increased levels of debt are more likely to expose vulnerable to sexual abuse and exploitation. • Negotiate through legal advice and coordinate the women and adolescent girls to various forms of violence UN-Habitat will encourage longer term rental contracts development of official lease agreements for concerned such as physical assault, child marriage, harassment between the parties and conduct awareness raising beneficiaries based on Lebanese laws and regulations and sexual exploitation. sessions on security of tenure. • Conduct awareness-raising and capacity-building sessions on housing and property rights targeting residents (tenants UN-Habitat will ensure inclusion by applying the SEP and owners) and concerned local and international NGOs Page 72 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Activity Risks Mitigation Measures • Conduct capacity-building and outreach campaigns to enhance the relevant governmental entities’ engagement in addressing identified housing and property issues • Document the learning process to inform the progressive development of the Housing Recovery Strategy and other ongoing affordable housing initiatives Component 2. Providing Emergency Support to Cultural Organizations and Practitioners: 2 million USD Subcomponent 2.1 Conducting the outreach and communication campaign Develop needed communication materials Certain groups might be de facto excluded from the UNESCO will ensure that communication and outreach • Recruit local experienced organization to support in process. reach all groups, by applying the SEP delivering messages and awareness raising related to CCIs The studies themselves might cause labor risks, UNESCO will require all contracted workers to sign the • Establish coordination with relevant government including SEA/SH, child labor or forced labor (ESS2) Code of Conduct in Annex 5. ministries/departments • Compile data on CCIs within the targeted area • Develop awareness materials and campaign tools Raise awareness about the project Certain groups might be de facto excluded from the UNESCO will ensure that communication and outreach • Develop the awareness raising program and its features process. reach all groups, by applying the SEP • Identify appropriate tools to reach out to targeted The studies themselves might cause labor risks, UNESCO will require all contracted workers to sign the beneficiaries including SEA/SH, child labor or forced labor (ESS2) Code of Conduct in Annex 5. • Conduct the awareness raising campaign • Follow up on the actions informed through the campaign Subcomponent 2.2. Supporting and accompanying cultural organizations and practitioners in the cultural production 2,045,000 USD Provide cultural organizations and practitioners with financial Certain groups might be de facto excluded from financial UNESCO will ensure that all persons and groups have support (grants) support equal access to the grants through an open call for • Establish Grants Approval Committee (GAC) The granting mechanism might cause labor risks, proposal. • Put in place grants’ transfer modalities including SEA/SH, child labor or forced labor (ESS2) The Grant approval committee will analyze all • Identify grants scheme in terms of sector type and applications according to objective eligibility criteria and beneficiary category submit selected proposals to UN-Habitat • Launch call for proposals/initiatives UN-Habitat will require all contracted workers to sign the • Review applications by PIU and GAC - Selection of viable Code of Conduct in Annex 5. initiatives • Sign contracts • Transfer grants to selected beneficiaries. Page 73 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Activity Risks Mitigation Measures Provide technical support to cultural organizations and Certain groups might be de facto excluded from technical UNESCO will require specialized NGOs to design and practitioners assistance implement the technical support in a non-discriminatory • Provide through specialized NGO/company technical The technical support mechanism might cause labor manner support to ensure that grants are being invested risks, including SEA/SH, child labor or forced labor UNESCO will require all contracted workers to sign the appropriately as planned (ESS2) Code of Conduct in Annex 5. • Monitor the implementation of cultural activities and events • Propose means to ensure sustainability of activities beyond the grants • Compile lessons learnt for replicability • Communication and visibility Component 3. Project management, M&E, and capacity development: 1 million USD Comprehensive study on beneficiary eligibility to ascertain: The studies themselves might cause labor risks, UN-Habitat will apply the LMP. • Engage NGOs including SEA/SH, child labor or forced labor (ESS2) IN particular, UN-Habitat will require all contracted • Manage survey and database workers to sign the Code of Conduct in Annex 5. • Publish beneficiary list • Conduct urban scale planning and evaluation • Develop ToRs for selection of the consultants and contractors • Prepare EOIs, RFPs, ITBs and CFPs Communication and outreach Communication and outreach activities might exclude UN-Habitat will ensure stakeholder involvement by • Coordinate with other government ministries/departments vulnerable groups applying the SEP • Procure and supervise Partner Organizations (POs) • Promote awareness of the housing program and its features Training Program Training programs might exclude vulnerable groups UN-Habitat will ensure stakeholder involvement by • Prepare training package including curriculum and modules applying the SEP • Procure and supervise partner organizations (POs) • Train local artisans and homeowners for multi-hazard resistant construction techniques Payments and financial reporting No inherent risk No action taken • Interact with NRB and commercial banks Page 74 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Activity Risks Mitigation Measures Grievance Redress The risk is that plaintiffs do not have equal access to the UN-Habitat will ensure that the Project Grievance Project Grievance mechanism, which is a Project Mechanism is implemented as described in the SEP Component Reporting, Monitoring & evaluation, including preparation of No inherent risk No action taken implementation progress reports Page 75 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures 181. The construction of the targeted buildings was seldom properly documented. Most targeted buildings were built hastily and extended over time without proper structural bonding. The connection between the different eras of construction is often hidden by lime plaster, which also hides degradation of the building’s elements such as sand stones or wooden planks. Furthermore, none of these buildings was designed to withstand lateral forces such as earthquakes, extreme winds, or events such as the POB explosions. 182. UN-Habitat will start with a thorough assessment of the original structure, through visual observation, comparison, analysis of remaining specimens, and documentation to set the baselines for preservation and restoration. Reconstruction efforts must first identify potential defects, as well as urgent measures necessary to prevent further deterioration of the building, and assess the specific architectural qualities of the building in terms of historic value, materials used, and the decorative features. UN-Habitat will implement the measures recommended in the manual for minor interventions was derived from the Corpus Levant manual by the Beirut Assist Cultural Heritage (BACH) following the POB in September 2020, to assist institutions and individuals willing to restore damaged traditional buildings. 183. UN-Habitat will use the non-official classifications proposed by CSOs of buildings of lower heritage value, which it is currently refining, in collaboration with implementing partners, academia, the professional community and CSOs involved in the built heritage sector. This approach fully responds to the principles presented in Section B of ESS8.120 184. UN-Habitat will contrast these criteria with the heritage value assessment conducted by UNESCO in the PoB area.121 These heritage categories will be overlayed to the mapping layers that UN-Habitat already produced (i.e., socioeconomic vulnerability and damage level of the buildings). These entry points will determine the heritage detailed criteria to be considered for the prioritization of buildings and clarified by UN-habitat. The criteria for the heritage value include: • Age of the buildings. Buildings that are severely damaged and hosted prior to the blast vulnerable communities will be classified depending on the era(s) of construction/additions. Ottoman, French mandate-era, Italian influence, art deco era, modern (1940-50). • Historic façade and roof. This includes, but is not limited to the following elements: triple arcades/arches (and their variations depending on historic style), large openings (1:2 ratio), wood shutters, marble balcony slab and columns, stone balcony corbels, ornamental iron balustrades, balconettes, verandas, the use of spolia122 in the façade, and wood structure pitched roof. This classification includes the use of the following materials on the façade: sandstone and lime plastering, cedar wood (Qotrani), handcrafted color cement tiles. All facades worked on will be returned to their original form. 120 B. Stakeholder consultation and identification of cultural heritage 13. The Borrower will identify, in accordance with ESS10, stakeholders that are relevant for the cultural heritage that is known to exist or is likely to be encountered during the project life cycle. Stakeholders will include, as relevant: (a) project affected parties, including individuals and communities within the country who use or have used the cultural heritage within living memory (b) other interested parties, which may include national or local regulatory authorities that are entrusted with the protection of cultural heritage and nongovernmental organizations and cultural heritage experts, including national and international cultural heritage organizations. 14. The Borrower will carry out meaningful consultations with stakeholders in accordance with ESS10 in order to identify cultural heritage that may be affected by the potential project; consider the significance of the cultural heritage affected by the project; assess the potential risks and impacts; and explore avoidance and mitigation options. 121 Under the UNESCO Heritage Emergency Fund, a GIS 3-dimension mapping is being developed of the building and urban spaces within the blast affected area. 122 Spolia is the reuse of earlier building material or decorative sculpture on new monuments. Page 76 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures • Interior architectonic elements. Buildings Stairwells, stained glass, moldings, will be returned to their original form. • Other features considered. 2 to 4 stories (most commonly with retail on street level for main streets). 5.1.3 Gender Based Violence Sexual harassment/abuse and exploitation 185. As described in section 4.4 above, the COVID-19 pandemic has further increased the risk of GBV, especially exploitation, for women and adolescent girls. The Beirut port explosions introduced new vulnerabilities and exposed women and girls to heightened risk of violence because of the lockdown and the economic crises. There is a risk that women, girls, undocumented persons and members of the LGBTQI community will be even more exposed to sexual exploitation and abuse. Limited livelihood opportunities and services during the pandemic and the increased levels of debt are more likely to expose women and adolescent girls to sexual exploitation. According to the GBVIMS, the percentage of cases of GBV perpetrated by landlords are increasing. 4% of refugee women mentioned in the 2020 Vulnerability Assessment of Syrian Refugees (VASyR) are worried about the risk of sexual exploitation in relation to access to food. 186. UN-Habitat will mitigate these risks by ensuring all workers, contractors and staff engaged in the project are trained on prevention of sexual exploitation and abuse and sexual harassment. All contractors and workers will be informed that allegations about any sexual misconduct, harassment, abuse or exploitation constitute criminal offences, and as such will be reported to the police for further investigation. Allegations of sexual misconduct/harassment, exploitation and abuse by Project workers may result in serious consequences, up to and including termination and possible referral to legal authorities. All workers/contractors will be informed that any exchanging of money, goods, services, or other things of value, for sexual favors or activities is strictly prohibited and that they are prohibited from engaging in any sexual activities that are exploitive or degrading to any person. 187. UN-Habitat will strengthen its training and advocacy for the prevention of sexual exploitation and abuse and sexual harassment in its project sites. The Stakeholder Engagement Plan prepared by UN-Habitat includes a feedback/grievance mechanism related to PSEA/SH, and information about the grievance mechanisms will be present and visible at the project sites. UN-Habitat will engage with the GBV working group and refer victims/survivors of alleged sexual harassment/violence/abuse to relevant actors that can provide services such as PSS/legal/medical support. 188. All actors who may be in contact with survivors need to be aware of their responsibility to listen carefully, respect and give truthful information to survivors. 189. All actors who may come into contact with SGBV survivors are responsible to be knowledgeable about the SGBV referral pathways and what forms of assistance the survivor can expect through referral to other actors. Intimate partner violence/domestic violence 190. Lebanon’s Law 293 criminalizes domestic violence. The Law 293 specifically protects family members, not all members of the household, such as domestic workers. 69% of the GBV incidents reported in 2020 were incidents of domestic violence. Marital rape is not criminalized in the law 293. Article 503 of the Lebanese Penal Code defines the crime of rape as forced sexual intercourse against someone other than the wife by violence or threat. UN-Habitat will train all staff and contractors on the requirements of the Law 293 and provide information about any domestic/sexual violence reported to occur in the vicinity of project sites and/or during working hours will be reported to the police for investigation. Workers will be informed that allegations of criminal activities may result in serious consequences, up to and including termination. Page 77 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Sexual harassment 191. All workers and contractors will be informed about Law 205 regarding sexual harassment, and the consequences that may incur to the individual worker/employer. Any reported incident of sexual harassment will be investigated. Full confidentiality will be assured to any individual that report sexual harassment. 192. Data from the GBVIMS in Beirut/Mount Lebanon indicates a 3% increase of sexual assault incidents occurring in the street between Q2 2020 (4%) and Q4 2020 (7%). Analysis indicates that this increase is a result of empty and dark streets at night after the Beirut explosions, poor lighting conditions and abandoned buildings. UN-Habitat will mitigate this by increasing streetlights and the presence of security guards at the project sites. 5.1.4 Seismic risk 193. The inherent risk to Project activities has been described in the preceding Chapter. The specific risk is that rehabilitation activities might not address the earthquake risks in the building targeted by the Project, or even that rehabilitation activities might increase this risk. UN-Habitat will follow Standard NL135 (2012) Protection from earthquakes: general rules, and standards regarding the avoidance of seismic risks, which proposes the four following stages: • Data collection, investigation and structural performance assessment stage. This stage is comprised of historical data and document collection regarding the structures including on site visual and in-situ investigations, in-situ and laboratory material testing and geotechnical investigations. Structural seismic performance assessment of the structures will also be carried out in this stage. • Survey stage. UN-Habitat will prepare structural, topographical, geometrical and detail architectural survey projects as drawings and corresponding report. UN-Habitat will ensure that a proper detailed survey will be conducted to better understand and decide the optimized seismic retrofitting for buildings targeted for this project. The survey will include, in addition to the level 0 survey which mainly considers all existing records/ documentation of the building, information about the structural behavior of the building versus earthquakes as shown in the figure below. The survey will lead to a decision-making process to allow an integrated understanding of the building’s behavior versus earthquakes. The survey should be followed by a detailed finite element design models and analysis to identify the seismic impacts on the building’s structures and propose the adequate retrofitting methods as per the international norms and standards (such as Eurocode 8, IBC, UBC, etc. which are advisable according to NL 135/ 2012 issued by LIBNOR). • Preliminary strengthening and restoration project stage. Subsequent to the results obtained from the seismic performance assessment, alternative preliminary strengthening and/or retrofit projects are proposed along with corresponding rehabilitation projects. Each alternative will not only be designed to ensure the buildings are structurally sound and fulfill the seismic performance criteria set forth, but also will be designed to preserve the historical and heritage value of the structure. Design deliverables of this stage include the preliminary strengthening and restoration drawings along with engineering and restoration reports. • Final (Detailed) strengthening and restoration project stage. Selected strengthening scheme for each structure will be developed in more detail together with the complete construction drawings together with the BoQs, tender documents and construction guidelines. 5.2 Contractors 194. Whereas UN-Habitat will directly manage the overall risks associated with the Project, as described in Section 5.1 above, UN-Habitat must also cascade environmental and social requirements to all contracted entities. Table 5 provides a generic list of risks and impacts that the entities Page 78 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures contracted by the Project might cause. Some of the listed risks and impacts might only be relevant to some of the activities in Table 3, and some might never become relevant to any of the Project activities during Project implementation. The list anticipates the risks and impacts that might become relevant across the range of Project activities but does not imply that any or all of the listed risks are likely to happen for a specific Project activity. 195. The environmental and social risks and impacts of contracted entities will be mitigated by requiring them to meet a detailed set of Environmental, Social, Health, and Safety (ESHS) requirements (Annex 5), which matches the risks and impacts listed in Table 5. They are largely based on the General EHS Guidelines of the World Bank Group, and other World Bank Guidelines. 196. Given that Project activities range from advisory services, the use of NGOs for stakeholder engagement activities, building rehabilitation, and support to CCIs, their environmental and social risk profiles will significantly vary, and some of the requirements will not be relevant for certain activities. This will be determined during the screening of activities (see Chapter 7), and UN-Habitat will apply the ESHS requirements to contracted entities in a manner that is proportional to their relevance for a particular set of activities Table 5. Potential ESHS risks and impacts associated with the activities of contractors RISK or IMPACT Relevant ESS Construction site management Damage to Existing Installations • Existing installations, such as buildings, structures, works, pipes, cables, sewers, or other ESS4 services may be damaged • Owners, tenants, or occupiers of properties may be disturbed or inconvenienced by the ESS4 construction works Waste from Construction Activities • Construction debris and spoils might contaminate soils and groundwater ESS3 • Transport of waste might litter roads ESS3 • Solid waste and debris might be disposed of improperly ESS3 Air Pollution • Air pollution due to emissions from construction vehicles and equipment ESS3 • Dust generation during excavation, backfilling, compaction, or transport o construction ESS4 materials can affect the wellbeing of neighboring communities Hazardous and Toxic Waste • The production of liquid waste can lead to soil or groundwater pollution ESS3 • Hazardous, or potentially hazardous, wastes from construction debris or the use of ESS3 chemicals can spill into the environment Area Signage • The absence of appropriate signage and precautionary measures can lead to accidents ESS2, ESS4 Page 79 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures RISK or IMPACT Relevant ESS Borrow Pits and Quarries • Quarries used by primary suppliers could lead to the significant conversion or ESS6 degradation of natural or critical habitats • Improperly sited quarries can pollute the ground and surface water ESS3 • Unfenced borrow pits and quarries are a hazard to people and livestock ESS4 • Blasting operations can damage property. ESS4 • Borrow pits and quarries can deface the landscape ESS3, ESS4 Health and Safety Potable Water Supply • Inadequate supply of potable water on site can lead to worker illness and disease ESS2 Clean Eating Area • The absence of clean eating areas can lead to worker illness and disease ESS2 Personal Protective Equipment (PPE) • The lack of appropriate PPE, and of training in its use, can lead to injuries ESS2 Noise • High noise levels can permanently affect the hearing of workers ESS2 • Increased levels of noise and vibration due to heavy vehicles and construction ESS4 equipment, which are a nuisance to the community around the site Slips and Falls • Slips and falls on the same elevation are among the most frequent cause of lost time ESS2 accidents at construction sites Working at Heights • Falls from elevation associated with working with ladders, scaffolding, and partially built ESS2 or demolished structures are among the most common cause of fatal or permanent disabling injury at construction sites Struck by Objects • Construction and demolition activities pose significant hazards related to the potential fall ESS2 of materials or tools, as well as ejection of solid particles from abrasive or other types of power tools which can result in injury to the head, eyes, and extremities Welding/Hot Works • Welding may seriously injure a worker’s eyesight, and in extreme cases blindness may ESS2 result. Communicable Diseases • Construction sites can facilitate the spread of communicable diseases ESS2, ESS4 COVID-19 • Construction sites can increase the spread of COVID-19 ESS2, ESS4 Vector-Borne Diseases • Poorly managed construction site can favor vector borne diseases, particularly if pools of ESS2, ESS4 stagnant water are not avoided Road safety and Traffic Safety • Project related traffic can cause accidents ESS2, ESS4 Page 80 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures RISK or IMPACT Relevant ESS Cultural Heritage • Damage to existing Installations: ESS8 • Damage to arches, painted ceilings, wood decoration, etc. in buildings of 1940s era due to the inadequate technical expertise. Emergency Preparedness and Response • Lack of preparation can seriously increase the negative impact of an emergency ESS4 Stakeholder Engagement • The lack of engagement with neighboring communities affected by Project activities might ESS10 cause tensions, and result in complaints Labor Force Management Labor Conditions • Contractors might not provide workers with the terms and conditions they are entitled to ESS2 under Lebanese Labor Legislation (wages, leave and rest, overtime, maternity leave) Insurance • Contractors might not compensate workers and their families for workplace injuries or ESS2 deaths Grievance Mechanism for Workers • Lack of a functioning worker GM, or contractors might not act on worker grievances ESS2 Protection from Sexual Exploitation and Abuse • Workers might sexually abuse or exploit women or children or might be exposed to ESS2, ESS4 SEA/SH Protection from Child Labor or Forced labor • Contractors might unknowingly employ workers under the age of 18, or forced laborers ESS2 Code of Conduct • The behavior of workers towards women can be prejudicial to neighboring communities, ESS2 and to fellow workers Page 81 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures 6 Labor Management Procedures 197. This Chapter presents the Labor Management Procedures (LMP) that UN-Habitat developed to meet ESS2 requirements. 6.1 Overview of labor use in the Project 6.1.1 Type of Workers (paragraph 3 of ESS2) 198. The LMP is applicable to all Project workers hired by UN-Habitat or UNESCO whether full- time, part-time, temporary, or daily workers. Government civil servants working in connection with the project, whether full-time or part-time, will remain subject to the terms and conditions of their existing public sector employment agreement or arrangement, except for the provisions of paragraphs 17 to 20 (Protecting the Work Force) and paragraphs 24 to 30 (Occupational Health and Safety) of ESS2. 199. Government workers will benefit from capacity building efforts, but will otherwise only be indirectly involved by delivering permits or conducting inspections as part of their statutory duties. ESS2 requirements do not apply to such circumstances. Direct Workers 200. Direct workers include all persons engaged directly by UN-Habitat and UNESCO to work specifically in relation to the project. They include current and new employees who will be assigned to work on the Project. They also include additional staff required during project implementation, such as consultants providing technical support. 201. UN-Habitat and UNESCO will employ approximately 29 workers for the Project as detailed in Table 5. Seven of these workers are existing UN-Habitat staff, while the others will be recruited on fixed term contracts. Table 6. List of UN-Habitat and UNESCO direct workers Number of Input Description workers Level Component 1. Housing Rehabilitation 1 Head of Country Programme (existing staff) 1 Part time 2 Programme planning and coordination (existing staff) 1 Part time 3 Monitoring and Evaluation/Reporting (existing staff) 1 Full time 4 Project Coordinator (PIU) 1 Full time 5 Restoration Architect PIU 1 Full Time 6 CCI expert (UNESCO) 1 Full Time 7 ESS Expert PIU 1 Full Time 8 Legal expert PIU 1 Full Time 9 Housing Analyst 1 Full time 10 Civil/structural Engineer 1 Full time 11 Site Engineer (2 persons) 2 Full time Page 82 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures 12 Social Development Coordinator 1 Full time 13 Financial Manager 1 Full time 14 Admin/finance Assistant 1 Full time 15 Procurement Officer 1 Full time 16 Procurement Assistant (2 persons) 2 Full time 17 Regional Procurement Officer 1 Full time 18 Communication and outreach officer 1 Full time Component 2. Creative Cultural Industries (UNESCO) 19 CCI expert for 24 months to advise the PIU on the selection of eligible 1 Full time beneficiaries, and to monitor the implementation of the component 20 Capacity building coordinator for 24 months to provide technical 1 Full Time support to grantees on business development and management Component 3. Housing Rehabilitation 21 Project Manager 1 Full time 22 Restoration Architect 1 Full time 23 ESS Expert 1 Full time 24 Socioeconomic Expert 1 Full time 25 Procurement Officer 1 Full time 26 Finance Officer 1 Full time 27 Legal expert (24 months) 1 Full time Total 29 Contracted workers 202. Contracted workers are the persons employed as deemed appropriate by contractors, subcontractors, and other intermediaries. Contractors may also hire casual unskilled laborers from within communities where construction activities will occur. 203. Table 7 details the entities that UN-Habitat and UNESCO will contract to implement specific tasks, ranging from stakeholder engagement, architectural and structural design and monitoring, and to perform the construction works. Table 7. List of entities that will be contracted by UN-Habitat Number of Number of Description entities Workers Component 1. Housing Rehabilitation 1 Local NGO or private sector to identify direct beneficiaries, mobilize 1 10 them, conduct outreach, and resolve disputes 2 Local/international engineering firm to conduct the structural and 1 16 architectural design and to monitor works 3 Local suppliers and service providers to develop communication and 1 8 awareness raising materials Page 83 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures 4 Qualified contractors to restore heavily damaged buildings, including 11 50 masons, bricklayers, carpenters, electricians, plumbers, and drivers (approximately 25 workers per building) 5 Qualified contractors to rehabilitate buildings with moderate damages, 20 150 including masons, bricklayers, carpenters, electricians, plumbers, and drivers Component 2. Creative Cultural Industries 6 Specialized NGO to conduct awareness raising campaign on the support 1 10 program 7 Local banks or money transfer companies to support CCIs through the 1 5 provision of grants Total 249 Community Workers 204. People employed or engaged in providing community labor. 205. The Project will not involve community workers. Primary Supply Workers 206. People employed or engaged by UN-Habitat’s suppliers who, on an ongoing basis, provide directly to the Project goods or materials essential for the core functions of the project. The core functions constitute production or service processes without which the project cannot continue. 207. Project activities will require the provision of construction material to rehabilitate buildings on an on-going basis from particular suppliers. 6.1.2 Labor Influx 208. Syrians make up a disproportionate proportion of construction workers. Nonetheless, no significant labor influx is expected as UN-Habitat will rely on available existing workers living in nearby communities. It is also very difficult for workers without legal residency to travel outside of their community. No workers camps will be established. 6.2 Assessment of key potential labor risks 209. The followings labor risks might be relevant to some of the Project activities: • Discrimination in employment can occur in the workplace in various ways: 123 o Employers may impose requirements that are not necessary for a job but may result in excluding a specific group o Female workers might be paid less o Migrant/refugees workers may be paid less/discriminated against o Selection criteria for training and development may be discriminatory. o Termination of employment may disproportionately target older or female workers o Project workers may be inappropriately treated or harassed based on their gender, age, disability, nationality, ethnicity, or religion. 123 The term employer is systematically used in of the Lebanese Labor Code. In the context of the Project, it is used for UN-Habitat and any entity contracted by UN-Habitat that will employ contracted workers Page 84 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures • Child Labour. As indicated by UNICEF124, the consequences of child labor are staggering. It can “result in extreme bodily and mental harm, and even death. It can lead to slavery and sexual or economic exploitation. And in nearly every case, it cuts children off from schooling and health care, restricting their fundamental rights and threatening their futures. As poverty rates are increasing in Lebanon, both among Lebanese and refugees, the risk of child labor is increasing. • Sexual Harassment (SH) is defined as unwelcome sexual advances, requests for sexual favors, and other unwanted verbal or physical conduct of a sexual nature in the workplace. SH differs from SEA in that it occurs between personnel/staff working on the project, and not between staff and project beneficiaries or communities. The distinction between SEA and SH is important so that policies and staff training can include specific instructions on the procedures to report each. SH is not limited to gender, and women, men and non-binary persons can experience SH. • Workplace related Sexual Exploitation and Abuse (SEA) is defined as any actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another. Sexual abuse is further defined as “the actual or threatened physical intrusion of a sexual nature, whether by force or under unequal or coercive conditions.â€? Anyone can experience SEA regardless of gender and age. In the context of World Bank supported projects, project beneficiaries or members of project-affected communities may experience SEA. • Occupational Health and Safety risks can occur because of the potentially hazardous work environment. The more serious risks include: o Exposure to noise and dust, falling objects, and exposure to electrical hazards from the use of tools o Working at height o Exposure to chemicals such as paints, solvents, lubricants, and fuels o Traffic accidents o Lifting of heavy structures, equipment or materials o Welding hazards (fumes, burns and radiation) o Lack of protective or safety equipment. • COVID-19 transmission at worksites. The inevitable proximity of workers at construction sites, as well as physical exertion and hard breathing are all factors that could increase COVID- 19 transmission if precautionary measures are not taken. 6.3 Overview of labor requirements 6.3.1 Comparison of ESS2 and Lebanese Labour Requirements 210. The approach adopted by UN-Habitat to meet ESS2 requirements is to rely on Lebanese labor laws and regulations when appropriate, but to supplement the national requirements by sufficient and proportionate additional measures if there is a gap. 211. The following Table provides a point-by-point and sequential comparison of ESS2 requirements, with the requirements spelled out in Lebanese labor laws and regulations. The Table supports the analysis presented in the following sections. 124 https://www.unicef.org/protection/child-labour Page 85 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Table 8. Comparison of ESS2 requirements and requirements under Lebanese labor laws and regulations ESS2 Requirements Lebanese Labor Requirements125 Recommended Actions (Direct quote from ESS2) A. Working Conditions and Management of Worker Relationships (Section A of ESS2) Terms and Conditions of Employment Paragraph 10 Project workers will be provided with information and Work contracts are regulated by Title I of the Labour Code. A UN-Habitat and UNESCO will meet the documentation that is clear and understandable regarding worker is defined as a person who works with an employer requirements of the Lebanese Labor Code. their terms and conditions of employment. according to an individual or collective agreement (art. 2). The Lebanese Labor Code fulfils ESS2 The Labour law distinguishes between two classes of workers: requirements employees and workmen. Employees are salary earners who perform a desk job or a non-manual job. Workmen are wage- earners that are within the group of employees (art. 3). Work contracts may be written or oral (art. 12). Contracts have to be submitted to the Authority of Common Law (art. 12). Written contracts must be in Arabic, however may be translated to a foreign language if the employer or wage-earner/salary-earner does not know Arabic (art. 12). The information and documentation will set out their rights Every wage-earner and salary-earner is to receive a ‘work book’ UN-Habitat and UNESCO will meet the under national labor and employment law (which will include which includes, inter alia, the date of their entry and exit in each requirements of the Lebanese Labor Code. any applicable collective agreements), including their rights workplace. If a worker so requests, it should also include their daily, The Lebanese Labor Code fulfils ESS2 related to hours of work, wages, overtime, compensation and weekly or monthly wage or salary (LC, art. 14). requirements benefits, as well as those arising from the requirements of this ESS. This information and documentation will be provided at the Lebanese Law does not include any equivalent provision UN-Habitat and UNESCO will ensure that the beginning of the working relationship and when any material ESS2 requirements are applied if there is any changes to the terms or conditions of employment occur. material change to the terms or conditions of employment 125 Based on a report prepared for the World Bank by Ergon Page 86 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures ESS2 Requirements Lebanese Labor Requirements125 Recommended Actions (Direct quote from ESS2) Paragraph 11 Project workers will be paid on a regular basis as required by Minimum pay is fixed by a commission comprising of UN-Habitat and UNESCO will meet the national law and labor management procedures. representatives from the Ministry of National Economy, employers, requirements of the Lebanese Labor Code. and wage-earners/salary-earners (LC, art. 45). The Lebanese Labor Code fulfils ESS2 The current statutory monthly minimum wage was set in 2012 and is requirements equal to LBP 675,000 (approximately USD 442,39 according to the official LBP rate of 31 March 2020), as determined by Decree 7426/2012. The minimum daily wage is LBP 30,000 (approximately USD 19,66 according to the official LBP conversion rate of 31 March 2020). This applies to both public and private sector. According to the Labour Code, payment can be in kind or in official currency (art. 47). Payment must be made at least once a month to employees and twice a month to workers (LC, art. 47). For piece-work of which the execution lasts more than 15 days, the date of payment may be fixed by mutual agreement, but the worker must receive down payments every 15 days and have received the full pay within two weeks following delivery of the piece of work (LC, art. 47). Deductions from payment of wages will only be made as National law does not require that workers are informed of the UN-Habitat and UNESCO will apply ESS2 allowed by national law or the labor management conditions under which deductions can be made, as required requirements procedures, and project workers will be informed of the by ESS2. conditions under which such deductions will be made. Project workers will be provided with adequate periods of In principle, the working week may not exceed 48 hours (LC, art. UN-Habitat and UNESCO will meet the rest per week, annual holiday and sick, maternity and family 31). requirements of the Lebanese Labor Code. leave, as required by national law and labor management Overtime The Lebanese Labor Code fulfils ESS2 procedures. requirements It is possible to derogate from the 48-hours maximum work week in cases of emergency. A definition of such an emergency is not given. In such cases, employers can raise daily working hours to 12 hours, provided that additional hours are compensated at 150%, notification is provided to the Social Affairs Service and provisions on adolescents’ work are not contravened (LC, art. 33). There is no clear provision in the legislation for employees to refuse to work extended hours. Page 87 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures ESS2 Requirements Lebanese Labor Requirements125 Recommended Actions (Direct quote from ESS2) Regulation No. 30 of 1956 states that working time can be increased to 54 hours per week in “commercial establishmentsâ€? (ILO CEACR, 2015). The circumstances under which working time can be increased to 54 hours is not specified in the decree, an omission which has attracted ILO commentary (ILO CEACR, 2015). Mandatory Rest Leave Employees must be granted a weekly rest which is not under 36 hours (LC, art. 36). Employees are also entitled to an unbroken rest of 9 hours every 24 hours, except in cases where work circumstances require otherwise (LC, art. 34). Where work exceeds 6 non-stop hours for men, and 5 non-stop hours for women, employees are entitled to a rest-time of at least 1 hour (LC, art. 34). Under-18s cannot work more than 6 hours a day, and must receive a break of at least 1 hour if the working period exceeds 4 consecutive hours (LC, art. 23). Annual Leave An employee is entitled to 15 days' annual leave on full pay after completing one year of employment. The employer may determine the timing of such annual leave based on work requirements (LC, art. 39). Regulations on sickness contracted by the employee as a result of his or her job or any occupational accident are detailed in the sections on OHS below. The Labour Code grants the employee the right to a yearly sick leave for sicknesses and accidents not related to the job, the duration of which is based on the employment duration, with a minimum of half a month on full pay and half a month on half pay (LC, art. 40). Maternity and Family Leave Women are entitled to 10 weeks of maternity leave at 100% pay (Laws Nos. 226 and 267 of 2014; LC, Arts 28 and 29). There is no statutory paternity leave. A draft law providing for three days' paternity leave was introduced and approved by the Council of Ministers in January 2018, but has not yet entered into force pending its enactment by the Lebanese Parliament. Page 88 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures ESS2 Requirements Lebanese Labor Requirements125 Recommended Actions (Direct quote from ESS2) There are no laws that guarantee childcare leave in Lebanon or the right to breastfeed, nor does the law provide for nursery or childcare facilities. Paragraph 12 Where required by national law or the labor management The employer is required to provide a written notice of termination at UN-Habitat and UNESCO will meet the procedures, project workers will receive written notice of least one month in advance (LC, art. 50.c) requirements of the Lebanese Labor Code. termination of employment and details of severance The Lebanese Labor Code fulfils ESS2 payments in a timely manner. requirements All wages that have been earned, social security benefits, For those groups covered by the Labour Code, severance pay is UN-Habitat and UNESCO will meet the pension contributions and any other entitlements will be paid equal to one month per year of service, and half a month for those requirements of the Lebanese Labor Code. on or before termination of the working relationship, either with less than one year of service. Severance is limited to a The Lebanese Labor Code fulfils ESS2 directly to the benefit of the project workers. maximum of ten months for certain groups of wage-earners, such requirements as those employed in the professions (e.g., medicine or law) or by master-craftsmen (LC, art. 54). A female employee is also granted severance pay in the event of marriage, provided that she has served the employer with due termination notice, she has been employed with the same employer for over a year, and she provides the employer with a marriage certificate (LC, art. 59; ILO CEACR, 2020). Where payments are made for the benefit of project workers, Lebanese Law does not include any equivalent provision There is no Lebanese equivalent to this project workers will be provided with evidence of such requirement. UN-Habitat and UNESCO will payments. apply ESS2 requirements Non-discrimination and Equal Opportunity Paragraph 13 Decisions relating to the employment or treatment of project The Labour Code prohibits discrimination between “working men UN-Habitat and UNESCO will follow the Labor workers will not be made on the basis of personal and womenâ€? with respect to type of work, amount of wage or salary, Code. characteristics unrelated to inherent job requirements. The employment, promotion, professional qualification, and apparel (LC, UN-Habitat will meet the requirements of the employment of project workers will be based on the principle art. 26). Recruitment is not expressly covered. Lebanese Labor Code, particularly for of equal opportunity and fair treatment, and there will be no The principle of equal pay for work of equal value is not expressly construction workers of Syrian origin. discrimination with respect to any aspects of the employment provided for in Lebanese law (ILO CEACR, 2020). relationship, such as recruitment and hiring, compensation (including wages and benefits), working conditions and terms Women are prohibited from working in a number of industries and of employment, access to training, job assignment, jobs, including mining, production and use of explosives and production of alcohol (LC, art. 27 and Annex 1) Page 89 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures ESS2 Requirements Lebanese Labor Requirements125 Recommended Actions (Direct quote from ESS2) promotion, termination of employment or retirement, or The Labor law contains a general prohibition against the disciplinary practices. employment of women in the industrial sector during the night (ILO CEACR, 2013). It is expressly prohibited to dismiss a pregnant worker or a woman on maternity leave (LC, arts 29 and 52). Men are granted welfare benefits that do not apply to women (LC, art. 3 and Social Security Law, art. 46). For example, article 14 of the SSL guarantees insurance cover for a non-employed wife of a husband who contributes. However, a wife contributing can only provide insurance cover for her husband if he is over 60 or disabled (Oxfam, 2016). Act No. 220 (2000) provides that a certain number of jobs in the public sector are allocated to persons with disabilities (Act No. 220 of 2000, art. 73). Quotas are also applicable to private sector employers, depending on their size (Act No. 220 of 2000, art. 74). The labor management procedures will set out measures to Lebanon passed a new law against sexual harassment in the Lebanese Labor Code fulfils ESS2 prevent and address harassment, intimidation and/or workplace in December 2020. The law defines sexual harassment requirements exploitation. Where national law is inconsistent with this as “any bad and repetitive behavior that is extraordinary, UN-Habitat and UNESCO will require all paragraph, the project will seek to carry out project activities unwelcome by the victim, and with sexual connotation that workers to sign a Code of Conduct as per in a manner that is consistent with the requirements of this constitutes a violation of the body, privacy, or emotions.â€? The law Annex 2 paragraph to the extent possible. notes that sexual harassment can occur through speech, actions, and electronic means. The law also considers single or repeated acts that use, “psychological, moral, financial, or racist pressure to obtain benefits of sexual natureâ€? as sexual harassment. The law punishes sexual harassment with up to 1 year in prison and fines of up to 10 times the minimum wage. In certain contexts, including in the context of subordination or a work relationship, it is considered a serious crime, and prison time and fines can be increased to up to 4 years and 50 times the minimum wage. The law contains whistleblower protections and prohibits discrimination, abuse, or disciplinary measures against people who report harassment or testify about the abuse. Such retaliation can be punished by up to 6 months in prison and a fine of 20 times the minimum wage. Page 90 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures ESS2 Requirements Lebanese Labor Requirements125 Recommended Actions (Direct quote from ESS2) Paragraph 14 Special measures of protection and assistance to remedy Not applicable UN-Habitat and UNESCO will apply the ESS2 discrimination or selection for a particular job based on the requirement inherent requirements of the job or the objectives of the project will not be deemed as discrimination, provided they are consistent with national law. Paragraph 15 The Borrower will provide appropriate measures of protection The Constitution of 1926 has a general guarantee of equality (art. UN-Habitat and UNESCO will monitor and assistance to address the vulnerabilities of project 7), which covers only Lebanese citizens. contractors closely to ensure that workers’ workers, including specific groups of workers, such as Work performed by migrant workers is governed by Decree No. rights are protected. women, people with disabilities, migrant workers and 17561 of 1964. It stipulates that foreign worker must obtain a permit children (of working age in accordance with this ESS). Such from the Ministry of Labour, and that there is a general preference measures may be necessary only for specific periods of time, for the employment of Lebanese nationals (Decree No. 17561 of depending on the circumstances of the project worker and 1964, art. 8). the nature of the vulnerability. Certain occupations are reserved for Lebanese nationals including medicine, law, pharmacy, accounting, and engineering (Decree No. 17561 of 1964, art. 9, Decision 1/41 of 2017). According to government Decision no. 1/49 of 2017, the number of foreign workers per company must not exceed one foreigner per ten Lebanese workers. There are special agreements and exceptions for Syrians and Palestinians: • A bilateral agreement between Lebanon and Syria provides for equal treatment and indefinite employment for Syrian work permit holders in Lebanon (and vice versa). • Syrian refugees are still required to hold a work permit in order to work. This applies to Syrians registered with UNHCR as well as those who are not (Inter-Agency Coordination Lebanon, 2017). • Decision 1/41 of 2017 states that Syrians are permitted to work in the agriculture, construction and environment sectors. Syrians may be considered for other employment if an employer can provide evidence that they failed to find a Lebanese after three months of searching (Decision 1/41 of 2017). Page 91 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures ESS2 Requirements Lebanese Labor Requirements125 Recommended Actions (Direct quote from ESS2) • As of 2010, Palestinian refugee workers are entitled to benefit from end-of-service indemnities under the Social Security Law on the same conditions as Lebanese workers and are exempt from the condition of reciprocity imposed by the Labour Code and the Social Security Law on other foreign workers (Act No. 128, amending art. 9.3 Social Security Law). • Palestinian workers do not benefit from national sickness and maternity funds or the family allowances fund (US DoS, 2020). Palestinian workers were previously excepted from the requirement to obtain a work permit prior to commencing employment, as is required of other foreign workers. However, this exception was lifted in 2019 (Al Jazeera, 2019). Although Syrians are permitted to work in these three sectors, technically and legally, they still need a work permit. The government has turned a blind eye on this for decades though. However, work permits require legal residency, which only 20% of the Syrians have. Syrians with a legal residency linked to registration with UNHCR (prior to 2015) cannot obtain work permits. If they do get a sponsor, they cannot re-enter the UNHCR registration system and are hence less protected against detention. Employers can sponsor workers and provide them with legal residency in the period of the work contract, but since the contract is finished, the residency is finished and the worker would have to get a new sponsor. Worker’s Organizations Paragraph 16 In countries where national law recognizes workers’ rights to The Constitution of 1926 protects freedom of association (art. 13). UN-Habitat and UNESCO will meet the form and to join workers’ organizations of their choosing and The Labour Code provides that wage-earners or salary-earners may requirements of the Lebanese Labor Code. to bargain collectively without interference, the project will be form trade unions (art. 83). The Lebanese Labor Code fulfils ESS2 implemented in accordance with national law. In such Public sector employees are prohibited from establishing or joining requirements circumstances, the role of legally established workers’ a trade union, organizing petitions, and publishing articles or organizations and legitimate workers’ representatives will be speeches on any issue (Decree No. 15703/1964, art. 15). respected, and they will be provided with information needed for meaningful negotiation in a timely manner. Trade unions must be formed between members of the same profession, and the Ministry of National Economy has discretion to determine the similarity of professions (art. 85). Page 92 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures ESS2 Requirements Lebanese Labor Requirements125 Recommended Actions (Direct quote from ESS2) Trade unions must receive prior authorization for registration from government (arts 86-87). (Note that the Labour Code specifies that authorization is sought from the Ministry of National Economy, but it appears that this is provided by the Ministry of Labour in practice.) A trade union is legally authorized only once a ministerial order is published in the Official Gazette (art 87). Internal trade union regulations are only enforceable after government approval (art 89), and the government is entitled to dissolve trade unions that have not taken into account their “incumbent obligationsâ€? or “have performed acts exceeding their competenceâ€? (art 105). Trade unions are expressly prohibited from all political activity, including meetings or demonstrations of a political nature (art. 84). Foreigners are not allowed to establish trade unions. Art. 92 of the Labor Law expressly requires those who want to join trade unions to be Lebanese citizens, hence migrant works and refugees are excluded. They are allowed to join unions if other requirements are met – practicing the profession, being 18 or older, and not being convicted of major offenses – if they are entitled to work in Lebanon. They do not enjoy full membership, and cannot run for union office or vote in trade union elections (art 92). They may, however, nominate a delegate to defend their interests before the committee of the trade union (art 92). Collective bargaining: In order to engage in collective bargaining, a trade union must have the membership of at least 60% of the workers concerned. Collective agreements must be ratified by at least two-thirds of union members at a general assembly (arts. 3-4, Decree No 17386 of 1964; ILO CEACR, 2018). Where national law restricts workers’ organizations, the Not Applicable project will not restrict project workers from developing alternative mechanisms to express their grievances and protect their rights regarding working conditions and terms of employment. The Borrower should not seek to influence or control these alternative mechanisms. The Borrower will not discriminate or retaliate against project It is prohibited to dismiss an employee for being a trade union UN-Habitat & UNESCO will meet the workers who participate, or seek to participate, in such official or member, or for engaging in legal trade union activity (art. requirements of the Lebanese Labor Code. 50). Page 93 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures ESS2 Requirements Lebanese Labor Requirements125 Recommended Actions (Direct quote from ESS2) workers’ organizations and collective bargaining or The Lebanese Labor Code fulfils ESS2 alternative mechanisms. requirements B. Protecting the Work Force Child Labor and Minimum Age Paragraph 17 A child under the minimum age established in accordance Lebanon ratified: The Project will not employ anyone under the with this paragraph will not be employed or engaged in • ILO Convention 138 (1973) on the Minimum Age of Admission age of 18. connection with the project. The labor management to Employment on 10 June 2003 • UN-Habitat contracts will require all procedures will specify the minimum age for employment or • ILO Convention 182 (1999) on the Worst Forms of Child contractors and consultants to verify engagement in connection with the project, which will be the Labour on 11 September 2001 official documentation for all workers age of 14 unless national law specifies a higher age. • the Convention on the Rights of the Child (1989) on 14 May involved in their respective activities, such 1991 as a birth certificate, national identification • The Arab Labor Convention No. 18 concerning the card, passport, or medical or school employment of minors on 24 May 2000 (Arabic only) record. Labor Law, Decree 1946 and amendments: • If a child under 18 is discovered working on the Project, measures will be taken to • The responsibility for age verification is with the employer immediately terminate the employment or • Children may work a maximum of six hours (with 1 hour rest engagement of the child in a responsible after 4 hours) manner, taking into account the best • Children are not allowed to work between 7 pm and 7 am, and interest of the child. there needs to be a rest period of at least 13 hours between two work periods • A medical certificate is required from the Ministry of Public Health (MoPH) for any child to work, ensuring that the child is physically and mentally fit to perform the job. • The minimum age of employment is 14 years of age (LC, art. 22). • Family farms are excluded from the Labor Code (art. 7) • Art. 25 of the Labor Code allows vocational training establishments to derogate from the minimum age threshold and hazardous work restrictions. Pursuant to art. 25, 12- and 13-year-olds can work in vocational training establishments, including establishments which involve hazardous work, if the establishment specifies the nature of the trade, the hours and Page 94 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures ESS2 Requirements Lebanese Labor Requirements125 Recommended Actions (Direct quote from ESS2) conditions of work, and seeks approval from the Ministry of Labour and Public Health Services. Decree No. 8987 (2012) on the prohibition of employment of minors under the age of 18 in works that may harm their health, safety or morals. • Persons under 18 who receive vocational training or technical education in any plant or factory, their training / education is not considered employment and must be approved by the Ministry of Labour, and is subject to the issuance of an annual medical certificate by the Ministry of Health • For family farms, children can only work up to 4 hours a day ( • Annex 1, list the worst forms of child labor (works and activities which are totally prohibited for minors under 18 years of age) • Annex 2, list hazardous works (those which are likely to harm the health, safety or morals of children under 16 years of age) Family work / light work: There are currently no provisions on light work for those under the minimum age of employment (ILO CEACR, 2020). The National plan of action to combat the worst forms of child labor in Lebanon by 2016 (November 2013) aims to eliminate the worst forms of child labor as a matter of urgency. Paragraph 18 A child over the minimum age and under the age of 18 may Lebanese Law does not include any equivalent provision UN-Habitat, UNESCO and their contractors be employed or engaged in connection with the project only will not employ anyone under the age of 18. under the following specific conditions: (a) the work does not fall within paragraph 19 below; (b) an appropriate risk assessment is conducted prior to the work commencing; and (c) the Borrower conducts regular monitoring of health, working conditions, hours of work and the other requirement of this ESS. Page 95 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures ESS2 Requirements Lebanese Labor Requirements125 Recommended Actions (Direct quote from ESS2) Paragraph 19 A child over the minimum age and under the age of 18 will Hazardous work: Decree No 8987 prohibits under-18s from UN-Habitat, UNESCO and their contractors not be employed or engaged in connection with the project in performing certain hazardous activities, which are listed in Annex 1 will not employ anyone under the age of 18. a manner that is likely to be hazardous or interfere with the to the Decree. This includes inter alia use of explosives, work in child’s education or be harmful to the child’s health or quarries and mines, and activities that require PPE to prevent an physical, mental, spiritual, moral or social development. immediate hazard (e.g., activities that pose a danger to the eyes/vision, limbs, or the respiratory system, or involve exposure to carcinogens) There is a separate list of prohibited activities for under-16s, including defined occupational hazards (including inter alia exposure to hazardous substances, work at heights, work with machinery) and defined kinds of work (including inter alia some agricultural activities such as mixing pesticides and working more than 4 hours per day, all types of construction work) (Decree No. 8987 of 2012, Annex 2). However, these activities can be carried out by 16-17-year-olds provided that two conditions are fulfilled: they are offered full protection for their physical, mental and moral health and they receive special education or appropriate training to carry out the works safely (Decree No. 8987 of 2012, Annex 2). Forced Labor Paragraph 20 Forced labor, which consists of any work or service not Forced labor is prohibited by Decree No. 3855 of 1 September UN-Habitat and UNESCO will ban all forms of voluntarily performed that is exacted from an individual under 1972. There is no specific provision in national legislation punishing forced labor under the Project, as detailed in threat of force or penalty, will not be used in connection with the exaction of forced labor, although judges may refer to section section 6.3.3 of the LMP. This will include the project. This prohibition covers any kind of involuntary or 569 of the Penal Code for such cases (ILO CEACR, 2018; ILO primary supply workers as detailed in section compulsory labor, such as indentured labor, bonded labor, or CEACR, 2020). 6.3.7 of the LMP. similar labor-contracting arrangements. No trafficked persons It is illegal for employers to confiscate workers’ passports (Order The ESMF procedures for subprojects will will be employed in connection with the project. No. 142/1 of 2003). include an assessment of potential forced Trafficking in persons is prohibited and penalized by Law No labor, and as necessary define specific actions 164/2011. It is defined as deceiving a person for the purpose of to avoid it exploitation or facilitating his exploitation by others by using methods of threatening over the person who is subject to perpetrators authority (art. 586.1 Law No 164/2011). Exploitation is Page 96 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures ESS2 Requirements Lebanese Labor Requirements125 Recommended Actions (Direct quote from ESS2) defined to include, inter alia, forcible or compulsory work (art. 586.1 F, Law No 164/2011). C. Grievance Mechanism Paragraph 21 A grievance mechanism will be provided for all direct workers There are no statutory requirements regarding enterprise level UN-Habitat, UNESCO and their contractors and contracted workers (and, where relevant, their grievance mechanisms (individual or collective). will apply ESS2 requirements organizations) to raise workplace concerns. Such workers Article 77 of the Labour Code provides for Labour Arbitration Boards will be informed of the grievance mechanism at the time of (or Councils) to be established in each governate. The Board recruitment and the measures put in place to protect them resolves disputes relating to minimum pay, labor accidents, against any reprisal for its use. Measures will be put in place dismissals, dereliction of work, fines, and all disputes between to make the grievance mechanism easily accessible to all employers and wage-earners/salary-earners resulting from the such project workers. enforcement of Labour Code provisions (LC, art. 79). Labour arbitration courts have three months to decide on the case brought before it (LC, art. 50). Paragraph 22 The grievance mechanism will be proportionate to the nature As above UN-Habitat, UNESCO and their contractors and scale and the potential risks and impacts of the project. will apply ESS2 requirements It will be designed to address concerns promptly, using an understandable and transparent process that provides timely feedback to those concerned in a language they understand, without any retribution, and will operate in an independent and objective manner. The grievance mechanism may utilize existing grievance mechanisms, providing that they are properly designed and implemented, address concerns promptly, and are readily accessible to such project workers. Existing grievance mechanisms may be supplemented as needed with project-specific arrangements. Paragraph 23 The grievance mechanism will not impede access to other As above UN-Habitat, UNESCO and their contractors judicial or administrative remedies that might be available will apply ESS2 requirements under the law or through existing arbitration procedures, or substitute for grievance mechanisms provided through collective agreements. Page 97 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures ESS2 Requirements Lebanese Labor Requirements125 Recommended Actions (Direct quote from ESS2) D. Occupational Health and Safety (OHS) Paragraph 24 Measures relating to occupational health and safety will be Decree 11802 of January 2004 provides the general regulations for UN-Habitat and UNESCO will require applied to the project. The OHS measures will include the the prevention of occupational hazards and accidents, and the contractors to meet the relevant Project ESHS requirements of this Section, and will take into account the promotion of health and safety in all industrial establishments requirements in Annex 2. These cover all of General EHSGs and, as appropriate, the industry-specific subject to the Labor Law. In particular, it covers: the issues raised in Paragraph 24 of ESS2 EHSGs and other GIIP. The OHS measures applying to the • Prevention and safety measures, i.e., strong fencing around project will be set out in the legal agreement and the ESCP transport machines, maintenance of elevators and lifting machines, and suspension of useful signals, boilers, air tank security measures, heavy load movement, setting of personal protective equipment; noting that the employer should notify the Ministry of Labour within a maximum period of 24 hours for any incurred occupational accident or fire. • Provision for healthy and protected work environment, such as clean working environment, low noise, good lighting and well ventilation, disposal of harmful waste, • Provision of clean drinking water and a suitable place for lunch, in addition to an emergency kit for at least 50 workers put in a visible locker. Specific issues, inter alia working in confined spaces, working at height, fire risks, vibration and noise, and ionizing radiation are covered by Decree No. 11802/2004 on Occupational Prevention, Safety and Health. Paragraph 25 The OHS measures will be designed and implemented to The employer must take all the necessary measures of health UN-Habitat and UNESCO will require address: (a) identification of potential hazards to project protection in the workplace, especially in relation to safety, lighting, contractors to meet the relevant Project ESHS workers, particularly those that may be life threatening; (b) ventilation, aeration, drinking water, lavatories, evacuation of dust requirements in Annex 2. These cover all of provision of preventive and protective measures, including and smoke, and hygiene measures to protect workers from pollution the issues raised in Paragraph 25 of ESS2 modification, substitution, or elimination of hazardous by pathological or biological factors (Decree No. 11802/2004, art. conditions or substances; (c) training of project workers and 38). maintenance of training records; (d) documentation and The head of the concern must report to the Ministry of Labour any reporting of occupational accidents, diseases and incidents; accidents at work within 24 hours of their occurrence and any (e) emergency prevention and preparedness and response professional sickness (Decree No. 11802/2004, art. 38 f). arrangements to emergency situations; and (f) remedies for Page 98 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures ESS2 Requirements Lebanese Labor Requirements125 Recommended Actions (Direct quote from ESS2) adverse impacts such as occupational injuries, deaths, Concerns that fall under the Labour Code and employ more than 15 disability and disease. people are required to employ a doctor. The doctor is required to keep a medical record for every worker, comprising the medical examination results and the health condition, the nature of the disease (if any), the modes of treatment and the absenteeism period required due to sickness (Decree No. 11802/2004, art 38). The employer must keep a record of all results of check-ups on boilers, steam vessels, and air vessels (Decree No. 11802/2004, art. 17). Paragraph 26 All parties who employ or engage project workers will The employer has a duty to conduct regular checks of the In addition to meeting the requirements of develop and implement procedures to establish and maintain machines, tools and substances used by workers to ensure these Article 115 of the Labor Code, UN-Habitat and a safe working environment, including that workplaces, do not entail any risks to the health and safety of the workers who UNESCO will require contractors to meet the machinery, equipment and processes under their control are use them (Decree No. 11802/2004, art. 3.5) relevant Project ESHS requirements in Annex safe and without risk to health, including by use of The employer has a duty to provide workers with appropriate 2. These cover all of the issues raised in appropriate measures relating to chemical, physical and personal prevention and protection uniforms and gear. The Paragraph 26 of ESS2 biological substances and agents. Such parties will actively equipment is at the expense of the employer (Decree 11802/2004, collaborate and consult with project workers in promoting art. 24). understanding, and methods for, implementation of OHS requirements, as well as in providing information to project The employer is obliged to provide a sufficient first-aid kit (Decree workers, training on occupational safety and health, and 11802/2004, art. 33). provision of personal protective equipment without expense The employer is obliged to provide information to workers on risks to the project workers. related to machines and equipment, as well as dangers due to chemical/biological and physical factors. The employer must also continuously train workers on the procedures and methods of chemicals’ safe and sound use (Decree 11802/2004, arts. 3, 45, 58). Paragraph 27 Workplace processes will be put in place for project workers Workers may stay away from any location at the work site if UN-Habitat and UNESCO will require to report work situations that they believe are not safe or circumstances arise which make them reasonably think that their contractors to meet the relevant Project ESHS healthy, and to remove themselves from a work situation safety or health is in danger (Decree No. 11802/2004, art. 58). requirements in Annex 2. These cover all of which they have reasonable justification to believe presents A worker who withdraws from work as a result of this is protected the issues raised in Paragraph 27 of ESS2 an imminent and serious danger to their life or health. from the consequences to which his departure may lead, in Project workers who remove themselves from such accordance with current regulations and laws (Decree No. situations will not be required to return to work until 11802/2004, arts. 19 and 58). necessary remedial action to correct the situation has been Page 99 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures ESS2 Requirements Lebanese Labor Requirements125 Recommended Actions (Direct quote from ESS2) taken. Project workers will not be retaliated against or otherwise subject to reprisal or negative action for such reporting or removal. Paragraph 28 Project workers will be provided with facilities appropriate to The employer is required to care for the workers’ dormitory and UN-Habitat and UNESCO will require the circumstances of their work, including access to prevent its contamination in order to prevent sickness (Decree No contractors to meet the relevant ESHS canteens, hygiene facilities, and appropriate areas for rest. 11802/2004, art. 38). requirements in Annex 2. These cover all of Where accommodation services are provided to project The Labour Code prohibits an employer from accommodating the issues raised in Paragraph 28 of ESS2 workers, policies will be put in place and implemented on the minors employed in their service in a lodging belonging to the management and quality of accommodation to protect and employer (art. 15). 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. Paragraph 29 Where project workers are employed or engaged by more Lebanese Law does not include any equivalent provision UN-Habitat and UNESCO will require than one party and are working together in one location, the contractors to meet the relevant Project ESHS parties who employ or engage the workers will collaborate in requirements in Annex 2. These cover all applying the OSH requirements, without prejudice to the issues raised in Paragraph 29 of ESS2 responsibility of each party for the health and safety of its own workers. Paragraph 30. A system for regular review of occupational safety and health Lebanese Law does not include any equivalent provision UN-Habitat and UNESCO will require performance and the working environment will be put in contractors to meet the relevant Project ESHS place and include identification of safety and health hazards requirements in Annex 2. These cover all of and risks, implementation of effective methods for the issues raised in Paragraph 30 of ESS2 responding to identified hazards and risks, setting priorities for taking action, and evaluation of results. E. Contracted Workers Paragraph 31 The Borrower will make reasonable efforts to ascertain that Lebanese Law does not include any equivalent provision As detailed in section 6.3.6, UN-Habitat and third parties who engage contracted workers are legitimate UNESCO Procurement will ascertain that third and reliable entities and have in place labor management parties who engage contracted workers are procedures applicable to the project that will allow them to legitimate and reliable entities and have in Page 100 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures ESS2 Requirements Lebanese Labor Requirements125 Recommended Actions (Direct quote from ESS2) operate in accordance with the requirements of this ESS, place labor management procedures except for paragraphs 34–42. applicable to the project that will allow them to operate in accordance with the requirements of this ESS Paragraph 32 The Borrower will establish procedures for managing and Lebanese Law does not include any equivalent provision UN-Habitat and UNESCO will apply ESS2 monitoring the performance of such third parties in relation to requirements the requirements of this ESS. In addition, the Borrower will incorporate the requirements of this ESS into contractual agreements with such third parties, together with appropriate noncompliance remedies. In the case of subcontracting, the Borrower will require such third parties to include equivalent requirements and noncompliance remedies in their contractual agreements with subcontractors. Paragraph 33 Contracted workers will have access to a grievance Lebanese Law does not include any equivalent provision UN-Habitat and UNESCO will ensure that mechanism. In cases where the third party employing or contracted works have access to a grievance engaging the workers is not able to provide a grievance mechanism mechanism to such workers, the Borrower will make the grievance mechanism provide under Section C of this ESS available to the contracted workers. F. Primary Supply Workers Paragraph 39 As part of the environmental and social assessment, the Lebanese Law does not include any equivalent provision As part of the environmental and social Borrower will identify potential risks of child labor, forced assessment, UN-Habitat and UNESCO will labor and serious safety issues which may arise in relation to identify potential risks of child labor, forced primary suppliers. labor and serious safety issues which may arise in relation to primary suppliers. This is further detailed in section 6.3.7 Paragraph 40 Where there is a significant risk of child labor or forced labor Lebanese Law does not include any equivalent provision UN-Habitat and UNESCO will apply ESS2 related to primary supply workers, the Borrower will require requirements the primary supplier to identify those risks consistent with Page 101 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures ESS2 Requirements Lebanese Labor Requirements125 Recommended Actions (Direct quote from ESS2) paragraphs 17 to 20 above. The labor management procedures will set out roles and responsibilities for monitoring primary suppliers. If child labor or forced labor cases are identified, the Borrower will require the primary supplier to take appropriate steps to remedy them. Paragraph 41 Additionally, where there is a significant risk of serious safety Lebanese Law does not include any equivalent provision UN-Habitat and UNESCO will apply ESS2 issues related to primary supply workers, the Borrower will requirements require the relevant primary supplier to introduce procedures and mitigation measures to address such safety issues. Such procedures and mitigation measures will be reviewed periodically to ascertain their effectiveness. Paragraph 42 The ability of the Borrower to address these risks will depend Lebanese Law does not include any equivalent provision UN-Habitat and UNESCO will apply ESS2 upon the Borrower’s level of control or influence over its requirements primary suppliers. Where remedy is not possible, the Borrower will, within a reasonable period, shift the project’s primary suppliers to suppliers that can demonstrate that they are meeting the relevant requirements of this ESS. Page 102 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures 6.3.2 Working conditions and management of workers relationship Terms and Conditions of Employment (paragraphs 10-12 of ESS2) 212. Paragraphs 10-12 of ESS2 cover: (i) contract terms and conditions; (ii) wages and deductions; (iii) working hours; (iv) overtime; (v) rest breaks; and (vi) leave. Lebanese requirements fulfil ESS2 requirements on these issues. The only exception to the above is linked to the last sentence in Paragraph 10 of ESS2: This information and documentation will be provided at the beginning of the working relationship and when any material changes to the terms or conditions of employment occur. 213. Therefore: • UN-Habitat and UNESCO will ensure that the requirements arising from Paragraph 10-12 of ESS2 will be applied to all their direct and contracted workers. • UN-Habitat and UNESCO will ensure that national requirements are met for all their contracted workers, including commitments under international conventions. • Workers individually recruited by UN-Habitat and UNESCO will not be subjected to national requirements. 214. Direct workers recruited by UN-Habitat and UNESCO with Project funding will have individual agreements (employment contracts or service contracts) with fixed monthly salary rates. All recruitment procedures will be documented and records kept in accordance with UN-Habitat requirements. 215. Terms and conditions of workers recruited by contractors, including part-time workers, will be determined by their individual contracts. 216. For all their direct and contracted workers, UN-Habitat and UNESCO will ensure that: • Recruitment procedures are transparent, public and non-discriminatory, and open with respect to ethnicity, nationality, religion, sexual orientation, disability, gender or age. • Clear job descriptions are provided in advance of recruitment indicating the skills required for each post • Employment terms and conditions are communicated in a language that is understandable to both parties • In addition to written documentation, an oral explanation of conditions and terms of employment is provided to workers who may have difficulty understanding the documentation. • All workers have written contracts describing terms and conditions of work, including: o Hours of work, wages, overtime, compensation and benefits, holidays, leaves, etc. o Adequate periods of rest per week, annual holiday and sick leave • All workers have the content of their contract explained to them before they sign • All workers are provided with the following information before they sign: o Non-Discrimination and Equal Opportunity in the Project o Measures to prevent GBV, including SEA and SH in accordance with the ESF o Ban the use or support of child, forced or compulsory labor • All workers sign their employment contract • All open-ended workers are informed at least one month before their expected release date if terminated • Information and documentation are provided directly to the concerned workers if there is any material change to the terms or conditions of employment. Page 103 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Non-discrimination and Equal Opportunity (paragraphs 13-15 of ESS2) 217. UN-Habitat and UNESCO will require that the employment of all project workers be based on the principles of non-discrimination and equal opportunity. There will be no discrimination with respect to any aspects of the employment relationship, including recruitment, compensation, working conditions and terms of employment, access to training, promotion or termination of employment. 218. UN-Habitat and UNESCO will meet the relevant Lebanese requirements where these match ESS2 requirement. Sexual Harassment 219. Lebanon passed a new law against sexual harassment in the workplace in December 2020. The law defines sexual harassment as “any bad and repetitive behavior that is extraordinary, unwelcome by the victim, and with sexual connotation that constitutes a violation of the body, privacy, or emotions.â€? The law notes that sexual harassment can occur through speech, actions, and electronic means. The law also considers single or repeated acts that use “psychological, moral, financial, or racist pressure to obtain benefits of sexual natureâ€? as sexual harassment. The law punishes sexual harassment with up to 1 year in prison and fines of up to 10 times the minimum monthly wage. In certain contexts, including in the context of subordination or a work relationship, it is considered a serious crime, and prison time and fines can be increased to up to 4 years and 50 times the minimum monthly wage. 220. The law contains whistleblower protections and prohibits discrimination, abuse, or disciplinary measures against people who report harassment or testify about the abuse. Such retaliation can be punished by up to 6 months in prison and a fine of 20 times the minimum wage. 221. UN-Habitat and UNESCO will meet the requirements in paragraph 13 of ESS2 regarding workplace harassment, intimidation and/or exploitation, including sexual exploitation and abuse (SEA) and sexual harassment (SH), by requiring all direct and contracted Project workers to sign the Code of Conduct that is part of Project ESHS requirement for contractors (Annex 5). Worker’s Organizations (paragraph 16 of ESS2) 222. As indicated in Paragraph 16 of ESS2, UN-Habitat and UNESCO will apply Lebanese requirements with regards to worker organizations, most particularly the provisions regarding the settlement of labor disputes. 6.3.3 Protecting the Work Force Child Labour and Minimum Age (paragraphs 17-18 of ESS2) 223. The Project will not employ persons under the age of 18. Furthermore, UN-Habitat policies do not allow the employment of children under the age of 18. UN-Habitat and UNESCO will require all contractors and consultants to verify the identity and age of all Project workers, using documentation such as a birth certificate, national identification card, passport, or medical or school record. If a child under 18 is discovered working on the Project, measures will be taken to immediately terminate the employment or engagement of the child in a responsible manner, taking into account the best interest of the child. Forced Labour (paragraph 20 of ESS2) 224. Forced labor is prohibited by Decree 3855 of 1 September 1972. There is no specific provision in national legislation punishing the exaction of forced labor, although judges may refer to section 569 of the Penal Code for such cases (ILO CEACR, 2018; ILO CEACR, 2020). 225. It is illegal for employers to confiscate workers’ passports (Order No. 142/1 of 2003). Page 104 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures 226. Trafficking in persons is prohibited and penalized by Law 164/2011. It is defined as deceiving a person for the purpose of exploitation or facilitating his exploitation by others by using methods of threatening the person who is subject to perpetrators authority (art. 586.1 of Law 164/2011). Exploitation is defined to include, inter alia, forcible or compulsory work (art. 586.1 F, Law 164/2011). 227. UN-Habitat and UNESCO will ban all forms of forced labor under the Project. A provision regarding forced labor is included in the above-mentioned ESHS requirements for contractors. 6.3.4 Grievance Mechanism (paragraphs 21-23 of ESS2) 228. UN-Habitat and UNESCO will ensure that a grievance mechanism is provided for all direct and contracted Project workers to raise workplace concerns. It will ensure that all such workers are informed of the grievance mechanism at the time of recruitment, and that the grievance mechanism is easily accessible to all Project workers. 229. The GMs for workers will include: (i) procedure to receive grievances such as comment/complaint form, suggestion boxes, email, and telephone line, (ii) stipulated timeframes to respond to grievances, (iii) a register to record and track the timely resolution of grievances, and (iv) a focal point responsible to receive, record and track resolution of work-related grievances. They shall adhere to the following principles126: • Provision of information. All workers should be informed about the grievance mechanism at the time they are hired, and details about how it operates should be easily available, for example, included in worker documentation or on notice boards. • Transparency of the process. Workers must know to whom they can turn in the event of a grievance and the support and sources of advice that are available to them. All line and senior managers must be familiar with their organization's grievance procedure. • Keeping it up to date. The process should be regularly reviewed and kept up to date, for example, by referencing any new statutory guidelines, changes in contracts or representation. • Confidentiality. The process should ensure that a complaint is dealt with confidentially. While procedures may specify that complaints should first be made to the workers’ line manager, there should also be the option of raising a grievance first with an alternative manager, for example, a human resource (personnel) manager. • Non-retribution. Procedures should guarantee that any worker raising a complaint will not be subject to any reprisal. • Reasonable timescales. Procedures should allow for time to investigate grievances fully but should aim for swift resolutions. The longer a grievance is allowed to continue, the harder it can be for both sides to get back to normal afterwards. Time limits should be set for each stage of the process, for example, a maximum time between a grievance being raised and the setting up of a meeting to investigate it. • Right of appeal. A worker should have the right to appeal to the World Bank or national courts if he or she is not happy with the initial finding. • Right to be accompanied. In any meetings or hearings, the worker should have the right to be accompanied by a colleague, friend or union representative. • Keeping records. Written records should be kept at all stages. The initial complaint should be in writing, if possible, along with the response, notes of any meetings and the findings and the reasons for the findings. Any records on SEA shall be registered separately and under the strictest confidentiality. 126 These principles are included in the ESHS requirements for contractors. They are based on Annex D of the Guidance Note for Performance Standard 2. Page 105 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures • Relationship with collective agreements. Grievance procedures should be consistent with any collective agreements. • Relationship with regulation. Grievance processes should be compliant with the national employment code. 230. The GMs for workers shall be distinct from the Project level Grievance Mechanism for affected individuals and communities that is detailed in the Project SEP. They will not preclude the right of workers to access other judicial or administrative remedies that might be available under Lebanese law or through existing arbitration procedures, or substitute for grievance mechanisms provided through collective agreements. Rather, their purpose is to mediate and seek appropriate solutions to labor related grievances, without escalating to higher stages. 231. Sexual abuse, exploitation and harassment complaints by survivors will not be addressed though the GMs for workers, but rather directly through a separate channel of the Project GM, as described in the Project Stakeholder Engagement Plan. UN-Habitat and UNESCO will report suspected crimes to national law enforcement authorities. 232. UN-Habitat shall establish a GM for its direct workers that will be supervised by its GM focal point (see the Project SEP). As indicated in the SEP, grievances are expected to be resolved within 7 days. UNESCO will use for its workers the same GM established by UN-Habitat. Worker GM for contractors 233. As indicated in the ESHS requirements for contractors, UN-Habitat and UNESCO will require that each contractor put in place a Grievance Mechanism (GM) to raise workplace related concerns for its contracted workers and the workers of its subcontractors. These worker GMs will be proportionate to the workforce, as well as the nature and scale and the potential risks and impacts of the Project. Depending on the nature and scope of activities, UN-Habitat and UNESCO might provide contracted workers access to their Project GM to handle work related complaints, rather than require contractors to establish their own GM. 234. UN-Habitat and UNESCO will ensure that all workers are informed of the grievance mechanism at the time of recruitment, the measures put in place to protect them against any reprisal for its use, processes in place to ensure a safe working environment, and how to report if they feel unsafe. 235. When appropriate because of the scope and nature of the activities, each contractor will designate a Grievance Focal Point. This person will receive the complaints, and coordinate with relevant departments/organization and persons to address the complaint. Contractors must escalate the issue to the UN-Habitat within 7 days if the grievance cannot be resolved. If the Contractor does not respond to the complaint, or if the contractor’s response is not satisfactory, the complainant or its representative can directly contact the GM Focal Point within UN-Habitat directly to follow up on the issue. 236. The ESS Expert within UN-Habitat will review work-related grievances from Project workers and their resolution on a quarterly basis, across all of its contractors, and prepare a short summary to be included in the bi-annual progress report to the World Bank. 6.3.5 Occupational Health and Safety (paragraphs 24-30 of ESS2) 237. UN-Habitat and UNESCO will require all of its contractors to meet the relevant OHS measures127 that are included in the Project ESHS requirements, which are derived from the General Environmental 127 Relevance will be determined during the screening process Page 106 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Health and Safety Guidelines. These requirements go beyond what is included in Lebanese laws and regulations: 238. The ESHS requirements require that all contracted workers and subcontractors receive adequate training and information prior to commencement of new assignments, regarding relevant work hazards and protection of their health from hazardous ambient factors that may be present. 239. UN-Habitat and UNESCO will also establish and maintain a system for regular review of occupational safety and health performance and the working environment, including the identification of safety and health hazards and risks, the implementation of effective methods for responding to identified hazards and risks, setting priorities for taking action, and the evaluation of results (paragraph 30 of ESS2). 6.3.6 Contracted Workers128 (paragraphs 31-33 of ESS2) 240. UN-Habitat and UNESCO will use their own procurement procedures for solicitations and contracts. They will ensure that bidding contractors are legitimate and licensed according to the Lebanese Labor Code. During the process of selecting contractors who will engage contracted workers, UN-Habitat may review the following information: • Business licenses, registrations, permits, and approvals • Financial records for the past three years • Records of safety and health violations, and responses; • Documents relating to a labor management system, including OHS issues • Workers’ certifications/permits/training to perform required work • Accident and fatality records and notifications to authorities • Proof of workers’ experience and enrolment in related projects • Worker payroll records, including hours worked and pay received • Enrolment of safety members and records of meetings • Copies of previous contracts, showing inclusion of provisions and terms reflecting ESS2 241. UN-Habitat and UNESCO will ensure that the management of environmental, health, safety, and social risks (including labor related risks) are an integral part of their contract management, particularly works contracts. Requirements applicable to contractors regarding these risks when the risks are relevant are detailed in the standardized Environmental, Social, Health, and Safety requirements (ESHS, see Annex 2), including a Code of Conduct. The purpose of the Code of Conduct is to commit all persons engaged by the contractor, including subcontractors and suppliers, to acceptable standards of behavior. Signature of the Code confirms that: • They have received a copy of the Code of Conduct as part of their contract • The Code of Conduct was explained to them as part of induction process • They acknowledged that adherence to this Code of Conduct is a mandatory condition of employment • Understand that violations of the Code of Conduct can result in serious consequences, up to and including dismissal, or referral to legal authorities. 242. These ESHS requirements meet the national labor requirements, as well as the requirements of ESS2, and ESS4. In particular, the Occupational Health and Safety measures in the ESHS include: (a) the identification of potential hazards to project workers, particularly those that may be life threatening; (b) the provision of preventive and protective measures, including modification, substitution, or elimination of hazardous conditions or substances; (c) training of project workers and maintenance of training records; 128 This section is called 10. Contractor Management in the LMP Template Page 107 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures (d) documentation and reporting of occupational accidents, diseases and incidents; (e) emergency prevention and preparedness and response arrangements to emergency situations; and (f) remedies for adverse impacts such as occupational injuries, deaths, disability and disease. 243. As appropriate and relevant, UN-Habitat and UNESCO shall: • Include the ESHS requirements in request for proposals (RFPs) for all construction activities. • Require that bidders’ submission outline how they plan to meet the relevant ESHS requirements, and include the full cost of all the actions necessary to meet the relevant ESHS requirements. • Assess the quality of the bidder’s response to ESHS requirements, their past environmental and social performance, and their capacity to meet ESHS requirements, during the selection process. • Include the relevant ESHS requirements in all contracts, as special technical clauses, and also incorporate any additional requirements indicated in the subproject ESMP. • Require selected contractors to prepare and submit to UN-Habitat a succinct Contractor-ESMP (C- ESMP), detailing how they will operationalize the relevant ESHS requirements. • Review and approve the succinct C-ESMP before the start of work • Require that Contractors implement their respective C-ESMPs, and monitor their performance in doing so. 244. When appropriate, UN-Habitat and UNESCO shall provide sufficient training and orientation to their contractors at different stages of awarding and implementation of the Project, to ensure their full understanding and compliance with the relevant ESHS requirements. 245. UN-Habitat and UNESCO shall ensure that the application of ESHS requirements is proportional to the scope of the contract, the number of employees involved, and the level of risk. Whereas, no C-ESMP might be sufficient for a contract involving 3 employees to repair a leaking toilet, a C-ESMP will be necessary for a contract to replace multiple toilets and install septic tanks for 100 schools, an activity that could involve several teams over several months. 246. UN-Habitat and UNESCO shall monitor the performance of contractors in relation to their contracted workers, focusing on compliance with their contractual agreements (obligations, representations, and warranties). Contractor’s labor management reports shall include: (a) a representative sample of employment contracts; (b) records relating to grievances received and their resolution; (c) reports relating to safety inspections, including fatalities and incidents and implementation of corrective actions; (d) records relating to incidents of noncompliance with national law; and (e) records of training provided for contracted workers to explain the standardized Environmental and Social Clauses. 247. More broadly, UN-Habitat and UNESCO shall conduct regular supervision check-ups to monitor and ensure the compliance of contractors with their respective C-ESMP. 6.3.7 Primary Supply Workers (Paragraphs 39 to 42 of ESS2) 248. Primary suppliers for the Project will include suppliers of construction material: • Selection of primary suppliers. When sourcing construction or school materials from primary suppliers, the contractor will require such suppliers to identify the risk of child labor/force labor and serious safety risks in producing the materials. UN-Habitat and UNESCO will review and approve the purchase of primary supplies from the suppliers following such risk identification/assessment and any other relevant due diligence. Where appropriate, the contractor will be required to include specific requirements on child labor/forced labor and work safety issues in all purchase orders and contracts with primary suppliers. • Remedial process. If child labor/forced labor and/or serious safety incidents are identified in relation to primary supply workers, UN-Habitat and UNESCO will require the primary supplier to Page 108 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures take appropriate steps to remedy them. Such mitigation measures will be monitored periodically to ascertain their effectiveness. Where the mitigation measures are found to be ineffective, UN- Habitat will, within reasonable period, shift the project’s primary suppliers to suppliers that can demonstrate that they are meeting the relevant requirements. 6.4 Responsible Staff 249. The ESS Expert in UN-Habitat will oversee and guide all aspects of the Project related to ESS2 and this LMP. They will coordinate with Project activities on a daily basis, including relations with direct workers, contractors and primary suppliers. More specifically the experts will: • Verify that contractors are meeting labor and OHS obligations toward contracted workers, as required by Lebanese laws and regulations and ESS2 • Ensure training on LMP and OHS for all Project workers, including their direct workers • Ensure that the grievance mechanisms for Project workers are established and implemented and that workers are informed of their purpose and how to use them • Register all complaints in the GM log as indicated in the SEP • Monitor implementation of the Code of Conduct • Provide or organize regular trainings/awareness raising sessions • Update the LMP when necessary, in the course of preparation, development and implementation of the Project • Contribute to the regular reports for the World Bank 250. UN-Habitat will ensure that their environmental and social experts are sufficiently qualified and trained to address labor related issues. 6.4.1 Contractors and subcontractors 251. All contractors and subcontractors including UNESCO will: • Prepare and implement a C-ESMP, if applicable • Comply with the labor-relevant ESHS requirements, including worker training, OHS requirements, and the Code of Conduct • Manage their contracted workers in accordance with national laws and regulations and this LMP, and ensure that their subcontractors do the same • Enforce the Code of Conduct to address GBV risks, including SEA and SH, amongst their contracted workers • Verify the age of workers to avoid child labor • Report emergencies, incidents and accidents to UN-Habitat, who will report to the World Bank • Communicate job description and employment conditions to contracted workers in a clear manner, and ensure that CoCs are signed by all its contracted workers • Maintain records of recruitment and employment for contracted workers • Have a system to regularly review and report on labor, and occupational health and safety performance • Assign a Safety Officer who will be responsible for OHS issues, when the presence of such an officer is deemed necessary Page 109 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures 7 Procedures for managing the environmental and social risks and impacts of subprojects 252. This section sets out in detail the procedures129 to be followed in addressing the environmental and social risks and impacts of subprojects. A subproject in the context of this Project is a group of activities that are considered together for the purpose of assessing environmental and social impacts, and of defining appropriate and sufficient mitigation measures. Whenever possible and efficient, UN-Habitat will synchronize the organization of activities into subprojects for the purpose of environmental and social risks management with the bundling of activities for the purpose of procurement. Subprojects could thus be a single building, but also a cluster of buildings depending on the circumstances. 7.1 Selection of the buildings to be rehabilitated 253. As indicated in the Project description and in the Project Operations Manual, UN-Habitat will identify a long list of the most damaged buildings with heritage features within a 5 km radius of the blast, inhabited by socioeconomically vulnerable populations. This long list would meet the following criteria: • Geographic scope. The Project will intervene in the 5 km boundaries of the explosion, with a possible emphasis on Medawar and Rmeil districts due to the high concentration of blast-damaged buildings with heritage value and because of the least support for residential recovery until now, according to the assessment conducted by UN-Habitat. • Level of damage. The Project will utilize a sliding scale approach, prioritizing assistance to structurally endangered and heavily damaged buildings followed by buildings of moderate damage (L2 and L3 level of damage, according to the UN damage assessment). • Socioeconomic vulnerability. The Project will prioritize the poorest and the most vulnerable households affected by the blast (e.g., low-income, FHH, refugees), based on a socioeconomic field survey. The vulnerability criteria consider social (i.e., presence of elderly, female headed households, people with disabilities, refugees, building located in an area of higher social vulnerability) and economic vulnerability (i.e., household receiving rental support, presence of CCI, level of income). • Cultural value. The Project will rehabilitate residential buildings of heritage value that are not included in the Cultural Heritage classification of UNESCO and DGA. The Project will consider non-official cultural heritage classifications conducted by UN-Habitat, BBHR, NGO and CSOs as well as buildings of heritage value to the community yet may not be officially classified, and validated by the Ministry of Culture through the DGA 254. UN-Habitat will then apply further criteria to reach the short-list of buildings the Project will rehabilitate: • Private ownership. The Project will only intervene in those buildings owned by (or ownership assigned to) the private sector, excluding publicly owned enterprises, private buildings with public agency tenants. • No land acquisition or ownership issue. The Project will be implemented involving mainly buildings and apartment units with individual or corporate private ownership. This will help in 129 The Project Operations Manual (POM) will detail the linkages between the ESMF and Project implementation Page 110 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures ensuring the sustainability of achieved outputs as targeted direct beneficiaries will be eager to sustain achieved restoration of their housing units. • No rehabilitation after the blast. The Project will not intervene in those buildings affected by the blast already rehabilitated. • No plan for sales, moves, closure, building demolition or expropriation. The Project will not rehabilitate buildings that are planned to any change on their physical or legal status. Consultations with the municipality of Beirut and the OEA on the status of these buildings in terms of sale will be conducted. • Presence of cultural activities. The Project will prioritize those buildings containing activities of intangible cultural heritage, which includes practices, representations, expressions, knowledge, skills—as well as the instruments, objects, artifacts 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. • Vacancy. The Project will prioritize the most damaged buildings that have been assessed are unsafe to live in and are therefore vacant. • Renter prevalence. The Project will prioritize the buildings that are most occupied by renters. 7.2 Exclusion Criteria 255. As indicated in the POM, UN-Habitat and the World Bank will also use exclusion criteria when establishing the short-list of the buildings to be rehabilitated or retrofitted under the Project. The following types of subprojects will not be supported by the Project: • Buildings with a commercial character such as commercial and entertainment facilities (e.g., bars, dance clubs, camps, health strengthening centers, summer camps for children) • Other types of subprojects and activities that would have a negative impact on the environment encourage the marginalization of social and ethnical groups, duplicate other projects and activities supported by other institutions are not in compliance with Lebanese Legislation. • Subprojects submitted by local or central government institutions when previously renovated buildings under the Project have not followed their obligations regarding maintenance and operations. • Any subproject which would trigger of the Land Acquisition Restrictions on Land Use and Involuntary Resettlement ESS5, i.e., buildings that involve land acquisition or resettlement. • Any subproject that involves changing quality or quantity of water in international waterways as defined in OP 7.50 of WB, reliance on existing hydroelectric dams triggering dam safety aspects of the ESF, etc. • Any subproject that would be classified as High-Risk according to ESS1 • Any subproject that would have impacts on Natural Habitats and trigger ESS6 256. UN-Habitat will involve the ESS Expert and he Social Development Coordinator in the establishment of the short list, and the application of the relevant environmental and social exclusion criteria. 7.3 Screening 257. Once UN-Habitat has established the short-list of buildings to be rehabilitated, the ESS Expert will, within 5 days of receiving a specific subproject technical proposal from UN-Habitat technical staff, prepare, sign, and pass on to the Project Manager a subproject specific screening form (Template is in Page 111 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Annex 1), indicating: • The proposed environmental and social risk rating (Substantial, Moderate or Low), with justifications. High risk subprojects are not eligible under the Project. • The proposed environmental and social risk management instruments. 258. Most importantly, the ESS Expert shall determine if the subproject requires a full Environmental and Social Impact Assessment (ESIA) and Environmental and Social Management Plan (ESMP), or a site- specific proportionate ESMP. 259. As necessary, the ESS Expert will visit the proposed site to confirm his conclusions. 7.4 Environmental and Social Risk Management Instruments 7.4.1 Subprojects requiring a full ESIA and ESMP 260. If a subproject requires a full ESIA and ESMP, the ESS Expert will prepare draft ToRs for the ESIA and ESMP as per the templates in Annexes 4 and 5. He will then pass on the ToRs to the Program Manager who will submit them to the World Bank for review and clearance. 261. UN-Habitat will competitively select consultants to prepare full ESIAs and ESMPs for their subprojects that require them. The ESS Expert will supervise their preparation and interact with the consultants. On completion of the instruments, the Program Manager will submit the draft ESIAs and ESMPs to the World Bank for their review, clearance and disclosure. 262. Given the type of activities described in the Project Appraisal Document, it is not expected that any full ESIA or ESMP will be required. 7.4.2 Subprojects requiring a proportionate ESMP 263. The ESS Expert will prepare proportionate site-specific ESMPs for subprojects not requiring a full ESIA and ESMP. 264. As defined in Annex 1, E of ESS1, the ESMPs will consist of the set of mitigation, monitoring, and institutional measures to be taken during implementation and operation of a subproject to eliminate adverse environmental and social risks and impacts, offset them, or reduce them to an acceptable level. The proportionate site-specific ESMPs will meet the relevant ESF requirements, and also incorporate the subproject specific measures arising from the LMP (part of this ESMF), and the SEA/SH Prevention and Response Action Plan, and SEP prepared for the Project. 265. UN-Habitat will prepare the proportionate site-specific ESMP according to the following table of content: Summary Sheet Subproject Name Subproject Location Implementing Partner (if any) Risk level (low, moderate, substantial or high) Date of the field visit Consultation Summary Page 112 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Observations/Comments Signature of ESS Expert Date Subproject Description • Nature and scope of activities, particularly construction and rehabilitation works. Include all the technical details that are relevant to understanding the environmental and social risks and impacts of the subproject, including any associated facilities • Location, including a map. If the subproject includes multiple locations, then the particulars of each location must be provided. Environmental and Social Baseline • Provide all the necessary information required to understand the environmental and social risks and impacts of the subproject. • Provide enough pictures to illustrate environmental and social issues, with appropriate legends. Environmental and Social Risks and Impacts • Described the environmental and social risks and impacts, based on the risks and mitigation measures identified in Chapter 5 Consultations • Detail how UN-Habitat has engaged with affected and concerned stakeholders of the subproject, through the process of stakeholder engagement described in the Project (SEP). In particular UN Habitat will initiate consultations to inform stakeholders about the activities to be undertaken, their timetable and possible impacts, as well as the subproject specific grievance mechanism procedures. • The consultations shall include the communities and persons that might be negatively affected, and not only beneficiaries or interested and concerned parties. • The consultation process will take in account the sociocultural context of Lebanon. Consultations can take the form of focus groups, discussions with elders/community leaders, or interviews. • Conduct separate consultations done for women in order to ensure that any special concerns and needs are taken into account during the preparation of the safeguard instruments • Ensure that PAPs are not exposed to risks as part of their participation in subproject consultations, for example by not disclosing personal information/photos. • Document all subproject specific consultations (date, location, list of participants, affiliations, topics discussed, issues raised, and conclusions). • Indicate how stakeholder comments, suggestions, concerns, and expectations were addressed in the site-specific proportionate ESMP • Include photos of consultation events Mitigation Instruments • Propose and implement differentiated measures so that adverse impacts do not fall disproportionately on the disadvantaged or vulnerable, and ensure that they are not disadvantaged in sharing any development benefits and opportunities resulting • Refer to the Environment, Social (including labor), Health, and Safety requirements (Annex 5) and attach them to the ESMP • Highlight the ESHS requirements to which subproject contractors must pay the greatest attention. If necessary, the ESMP will “proportionalizeâ€? the ESHS requirements to the subproject’s nature, scope, the specific environmental and social risks, and the number of workers involved. For example, the ESMP might need to specify for small contracts the type of Page 113 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures PPE, or the contents of First Aid Boxes. • If necessary, indicate additional requirements that will be applicable to the subproject contractor. • Indicate the mitigation measures that UN-Habitat will be implementing to address the environmental and social risks and impacts not associated with contractors (see section 6.2 of this ESMF), including legacy issues, and technical assistance. • Detail subproject specific measures required for the subproject to be in accordance to the Project Labor Management Procedures (LMP) • Detail subproject specific measures required for the subproject to be in accordance with the Project SEA/SH Prevention and Response Action Plan • Provide a subproject specific monitoring plan that indicates what parameters will be monitored, how they will be monitored, who will monitor them, and how frequently they will be monitored. • Detail any training provided by UN-Habitat to the contractors and their workers. Budget • Provide a budget for the mitigation measures to be implemented by UN-Habitat. The cost to contractors of meeting the ESHS requirements will be included in their respective contracts. 266. UN-Habitat will only submit construction related ESMPs to the Bank. Rehabilitation activities for different buildings might be bundled into a single subproject for the sake of efficiency, if for example dealing with contiguous buildings and the same contractor. 267. UN-Habitat will publicly disclose the ESMP on the UN-Habitat’s website, immediately upon their completion and approval by the Bank. 7.5 Incorporating ESHS requirements in contracts 268. UN-Habitat will for each subproject: • Reference the ESHS requirements (Annex 5) in Requests for Proposals and Invitations to Bid. • Require that bidders submit a preliminary environmental and social plan as part of their bids, describing the principles and methodology they will use to address ESHS issues during the contract, and include all costs associated with managing environmental and social issues in their bids. • Consider during the selection process the quality of the preliminary environmental and social plan, the bidders' past environmental and social performance, and the ability of the bidder to manage environmental and social issues • Require that selected contractors prepare a Contractor Environmental and Social Management Plan (C-ESMP) that details how the relevant ESHS requirements will be implemented, including personnel, taking into account the site-specific proportionate ESMP prepared by UN-Habitat for the subproject • Approve the C-ESMP before the start of activities • Use the C-ESMP as the benchmark when monitoring and evaluating the contractor’s environmental and social performance 269. Contractor will be contractually obligated to fully implement their respective C-ESMPs. As indicated in the LMP, UN-Habitat will hold Contractors accountable for their environmental and social performance, as well as any environmental or social damage or prejudice caused by their staff (see the section on the Environmental and Social Liabilities of Contractors in the LMP. 7.6 Environmental and Social Liabilities of Contractors 270. UN-Habitat will hold Contractors accountable for their environmental and social performance, as well as any environmental or social damage or prejudice caused by their staff, by including the following Page 114 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures measures in bidding documents and contracts: • Mitigation measures to be included in the contract will be specified in the subproject ESMP prepared by the UN-Habitat. • Any impact that is not properly mitigated will be the object of an environmental/social notice by the UN-Habitat. • For minor infringements and social complaints, an incident which causes temporary but reversible damage, the contractor will be given a notice to remedy the problem and restore the environment. No further actions will be taken if UN-Habitat confirms that restoration is done satisfactorily. • For social notices, the Project engineer will alert the contractor to remedy the social impact and to follow the issue until solved. If the contractor does not comply with the remediation request, work will be stopped and considered under no excused delay. • If the contractor has not remedied the environmental impact during the allotted time, UN-Habitat will stop the work and give the contractor a notification according to the non-complied mitigation measure that was specified in the bidding document. • No further actions will be required if UN-Habitat sees that restoration is done satisfactorily. Otherwise, if Contractor hasn’t remedied the situation within one day any additional days of stopping work will be considered no excused delay • Environmental notifications issued by UN-Habitat might include one or more environmental penalty. • In the event of repeated noncompliance, UN-Habitat will bring the environmental and social notices history to its procurement in order to take legal action. 7.7 Consultation and Disclosure Requirements 271. Throughout the months of May and June 2021, UN-Habitat conducted several meetings (in person and virtual) involving many relevant stakeholders aiming to discuss collaboration, coordination, synergies, and complementarities. The details of these consultations are described in the Stakeholder Engagement Plan (SEP). 272. As indicated in the Project Stakeholder Engagement Plan, for each subproject UN-Habitat will: • Ensure the open and transparent engagement of subproject stakeholders by conducting regular consultations throughout the different phases of subproject implementation, commencing as early as possible. • Document and report the results of these consultations in relevant local languages in an appropriate manner. • Conduct a stakeholder analysis during the preparation of each subproject based on consultations, in- person or remote meetings, including focus group discussions, survey questionnaires, key informant interviews and interactive tools used in online platforms to ensure the full, meaningful and quality engagement of all stakeholders. • Only use accessible formats and channels. • Give due consideration to potential language barriers (noting that Arabic is the most commonly used language among all stakeholders) or other practical, sociopolitical or educational barriers (such as ethnic, religious groups, low-income households, women, persons with limited mobility, etc.). • Develop relevant subproject material in all relevant languages and disseminate them at subproject locations and on the website and social media channels to ensure maximum outreach and visibility. • Identify the names and phone numbers of focal points for stakeholder groups, and communicate with them as group – likely via WhatsApp – as it was shown to be the most applicable and widely used means of communication in this context. Page 115 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures 7.8 Grievance Mechanism 273. The Project SEP includes a Grievance and Redress Mechanism that defines channels to voice complaints or raise issues faced by Project beneficiaries and stakeholders, and procedures for investigating and resolving complaints. Subproject related grievances can be brought up by affected people in case of: (i) non-fulfilment of contracts or agreements; (ii) compensation entitlements; (iii) types and levels of compensation; (iv) disputes related to destruction of assets or livelihoods; or (v) disturbances caused by construction activities, such as noise, vibration, dust or smell. Anonymous complaints will be admissible. 274. The Grievance and Redress Mechanism also includes a referral pathway for responding to sexual exploitation and abuse/sexual harassment (SEA/SH) related complaints. The principles of confidentiality and anonymity will be implemented along with a survivor centric approach. 275. The ESS Expert within UN-Habitat, with the support of the Socioeconomic Expert, will ensure that all complaints and inquiries from Project affected communities or individuals regarding any environmental or social impacts due to activities of their subprojects are addressed. UN-Habitat will also allocate the human resources necessary to enable the redress of grievances within the defined timeframes. 7.9 Implementation of UN-Habitat Mitigation Measures 276. UN-Habitat will remain directly responsible for implementing the mitigation measures in subproject ESMPs that are not part of the contractor’s responsibilities. These include: • Implementing the SEP • Ensuring that rehabilitation designs and instructions meet the commitments made in Chapter 5 relative to seismic risks and heritage features • Coordinating with national authorities to get the requisite clearances and permits • Contractor performance oversight and monitoring. Page 116 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures 8 Monitoring and Reporting 8.1 Monitoring Arrangements 277. UN-Habitat will monitor the overall implementation of the ESMF, most particularly it will: • Prepare environmental and social screening forms for all subprojects in a timely manner (list of subprojects by risk category and date) • Prepare and clear subproject ESIAs and ESMPs, as needed (list of instruments with dates) • Ensure prior review requirements of the World Bank (non-objection requests with dates) • Monitor the implementation of the proportionate ESMPs, mots particularly the implementation of agreed mitigation measures, and the environmental and social performance of contractors against the ESHS requirements • Train Project staff, Implementing Partners, and contractors (list of persons, dates and places) 278. The E&S Focal Point within UN-Habitat will prepare: • bi-annual reports summarizing monitoring results, to be included in the Project’s bi-annual Reports to the World Bank • reports that aggregate and analyze monitoring results ahead of World Bank implementation support missions • an annual evaluation of all environmental and social monitoring results, which will be submitted to the World Bank as part of overall project implementation reporting 279. Environmental and social risk management aspects are also part of the scope of the Third-Party Monitoring (TPM) services contracted by UN-Habitat. More specifically, TPMs will report on the compliance with World Bank requirements and on the implementation of environmental and social mitigation measures. 8.2 Subproject Environmental and Social Database 280. The E&S Focal Point within UN-Habitat will establish, maintain, and update a database of subprojects that will include for each subproject: • type of subproject, name of subproject, implementing partner (if any) • environmental and social risk level • timeline (clearance of screening form, clearance of ToRs, clearance of safeguard instruments) • supervision reports by E&S focal point during implementation • contractor reports • noncompliance by contractors • cross references to the Grievance Redress Mechanism’s log of complaints. 8.3 Monitoring of ESMPs 281. The E&S focal point within UN-Habitat will ensure that, where and when possible, onsite visits to subproject sites will be conducted to monitor the implementation of their ESMPs. The following tables provide an indicative monitoring plan in the event of a large water and sanitation subproject, to be included in subproject ESMPs. Page 117 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Table 9. Monitoring plan What How Who When • ESHS compliance by • Monitoring checklists • ESS expert and Social • Semi-annually contractors • Visual inspection. Development (for one year • Capacity building programs. • Focus groups with Coordinator after the start • Training of members of communities • Local Authorities of operation) community or local NGOs on • Local NGOs health & hygiene awareness • Communities Complaint handling GM Log GM personnel monthly 8.4 Monitoring of Contractors 282. UN-Habitat will monitor and document (including pictures) the environmental and social performance of contractors for each subproject throughout the contract period. This will involve both spot check visits to work locations, and reviews of records kept by the contractor and of reports submitted by the contractor. The frequency of site visits should be commensurate with the magnitude of activities and their associated environmental and social impacts. Overall, each construction site should be visited at least once a week during subproject implementation. 283. For any incident or accident that causes or has the potential to cause material or significant environmental and/or social harm, the site supervisor/designated officer shall notify UN-Habitat within 2 hours. UN-Habitat shall visit sites where a serious accident is recorded within one working day of the accident or incident, and report any significant accident or incident to the World Bank within 48 hours. 284. UN-Habitat will document every visit and interaction with contractors, and identify environmental and social noncompliances with the ESHS requirements and their significance, and the guidance provided on actions to be taken. The ESS Expert will follow up as needed to ensure the timely resolution of noncompliances. This may include additional visits to the contractor’s work site or offices, further communications with contractor personnel, issuance of notices of deficiency or warnings to the contractor. 285. At any stage of construction or other work, if the contractor has not taken appropriate action to achieve compliance with the environmental and social clauses after repeated notices of violation and warnings of noncompliance, and significant environmental or social impacts are occurring or imminent, UN-Habitat should order the contractor to stop work until environmental and social performance is brought under control and up to acceptable standards. 8.5 Completion Reports 286. Upon subproject completion, the ESS Expert will prepare a subproject completion report that flags any unresolved environmental or social issue, with recommended remedial action. This report will be shared with the Program Manager who will decide the way forward. For subprojects with significant environmental or social impacts, the completion report might recommend periodic routine inspections/monitoring during operation of the facility by dedicated environmental and social specialists. 8.6 Third Party Monitoring Agent 287. As part of their environmental and social risk management responsibilities, the Third Party Monitoring Agent (TPMA) will: Page 118 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures • Review Environmental and Social documents of the selected subproject(s) to gain an understanding of which Environmental and Social Standards apply at the sub-project level and to also be familiar with the instruments that have been developed & expected impacts/risks to be monitored; • Liaise with relevant Project Management Teams at each implementing agency for inquiry of relevant data and information regarding sub-projects environmental and social requirements; • Carry out field visits, where applicable, to projects that have environmental and social management plans (ESMPs) and document findings and recommendations; • Assess whether there are any changes in the Social or Environmental risk levels than was originally classified. This assessment will be based on field visits, interviews with the implementing entity staff, community leaders, randomly selected beneficiaries, and other data sources as deemed relevant; • Verify compliance with Social and Environmental requirements, processes and procedures as per the Environmental and Social Commitment Plan (ESCP) and other relevant E&S instruments; • Assess whether consultations with the identified stakeholders as per the Stakeholder Engagement Plan (SEP) are being conducted and document the findings; • Verify during field visit whether there is a functional Grievance Redress Mechanism (GRM) system with referral pathways for sexual exploitation and abuse and sexual harassment (SEA/SH) complaints at the sub-project level and whether it is functioning well. Verify if the focal person in charge of receiving and handling grievances is available and check the logbook. In addition to observing where the GRM information is posted and if visible to the public. the TPMA should check whether the phone number and email for GRM is adequately functioning as part of verifying and assessing the functionality of the GRM system; • Document field findings (site visits, interviews, photos, geo-tagging at sub-projects level etc.); • In addition to highlighting problems, risks and red flags, the TPMA should also pay attention to the good and improved practices during the field visit and documented in its monthly report, and • Develop and propose corrective measures with agreed timelines, if needed, for the Project Management Team to be approved by the World Bank to address non-compliance issues or to enhance environmental and social performance. 288. As part of Environmental and Social Performance Monitoring, the TPMA will specifically: • Review and develop familiarity with all environmental and social standards (ESSs) that apply for the purpose of the sub-projects; • Develop familiarity with all environmental and social instruments that have been prepared and disclosed for the entire project and for each sub-project to identify and establish a compliance system; • Provide GPS information and maps on where the visits take place; • Discuss the provisions of the E&S instruments with the concerned PIU staff and the ESS Expert as part of the PIU staff; • Provide an update on the consultation mechanism in place and as outlined in the cleared and disclosed Stakeholder Engagement Plans (SEP) assessing how effective PIU consults with key stakeholders); • Confirm the Environmental and social staffing within PIU and its adequacy with the respective environmental and social challenges; • Depending on the project interventions, carry out field visits to ensure that the provisions of the environmental and social instruments have been implemented; • Carry out field visits to ensure that Contractors have prepared and complied with C-ESMPs, Engineers are fully staffed including E&S specialists and are regularly on site; reports are produced timely; Page 119 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures • Ensure that Occupational Health and Safety (OHS) risk assessment is adequately managed, OHS measures are fully in place and implemented; and workers are aware of the OHS risks of their tasks and well trained to protect themselves; • Review how hazardous substances, if applicable, are managed on site and according to the requirements of the best practices (as per the WBG EHS Guidelines); • Provide an update on the environmental and social key indicators in site-specific instruments; • Collect statistics on project incidents and how they are managed; • Collect basic information on process (evidence and nature of consultations carried out; evidence of a grievance redress mechanism (GRM) in place with referral pathways and whether this is being accessed, such as number of complaints received and resolved; check if the focal person in charge of complaints is available, checking to see whether the Bank’s disclosure policies are met, including on whether documents are translated and made available to the general public); • In case of land acquisition, assess whether non-compliance with the Bank’s ESF is evident including failure to develop RAP/ARAP following the requirements of the RPF and the adequacy of compensation and resettlement assistance provided; • Carry out field verification to assess if there are child labor or forced labor issues and as per ESS2. In addition to observing OHS measures and the compliance of the workers and the child labor issues, the TPMA will triangulate the information also through checking workers’ ID in order to understand if there is any child labor; • Check any potential risk on the local communities such as sexual exploitation and abuse and sexual harassment (SEA/SH) that may result from labor influx; • The TPMA needs to verify that no private land is used by contractors for the storage of their equipment without consent of landowners or lease agreement. For that to happen, a verification for the lease agreement needs to be checked; • The implemented subprojects should be avoiding expropriating private land that is owned by individuals or groups, nor removing encroachers from state land. In case this is inevitable, the related E&S instrument should be prepared (e.g., resettlement action plan), approved and affected persons should be compensated prior to the commencement of any civil works. The TPMA should verify that this is the case and flag any violation in this regard; • Verify if all workers as identified under ESS2 and as per the Labor Management Procedures (LMP) are insured by the main contractor and subcontractors and have codes of conduct in culturally appropriate languages and are aware of the available channels to lodge any grievances with a copy of the GRM log; • Where the sub-project sites are near local communities, TPMA should carry out consultation with local communities, local business and workers during the field visit as part of information verification and triangulation. This should include consultation with women from the local communities as well as other local stakeholders such as NGOs and NGO representatives of identified vulnerable groups as per the SEP. Particularly in topics like the potential labor influx impacts, it is necessary to ask parties beyond the contractor and it makes better sense to ask the communities if they have any concerns related to the labor (including on labor’s behavior); • Categorize subprojects into categories in term of compliance with E&S instruments. In the Progress reports, the TPMA needs to include a table to summarize the subprojects visited, under which component, location, E&S instruments prepared, and compliance with the ESMP. The categories could include full compliance, partial compliance and non-compliance. For the last two categories, more frequent visits will be needed. This tool will also help the TPMA in prioritizing the sites that need to be visited more often Page 120 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures 9 Capacity Building and Budget 9.1 ESS Expert 289. UN-Habitat’s environmental and social standards (ESS) Expert based in Beirut will oversee the management of environmental and social risks for the Project. The Expert will: • Review and clear environmental and social screening forms for all subprojects • Prepare ESMPs for all subprojects requiring them • Monitor subproject compliance with ESMPs, through field visits and spot checks • Work closely with UN-Habitat technical staff and procurement officers to incorporate environmental and social requirements into subproject design, appraisal and resource mobilization • Compile quarterly, biannual, and annual reports on environmental and social risk management performance of the Project that will be incorporated into the Project reports • Provide assistance and deliver capacity building trainings to UN-Habitat staff, implementation partners, and contractors • Organize and oversee the preparation, production and distribution of training manuals and awareness materials 9.2 Capacity Development 290. UN-Habitat will ensure that the ESS Expert and the Social Development Coordinator receive training on the ESF and its implementation. 291. The ESS Expert and the Social Development Coordinator in UN-Habitat will organize training for the people involved in Project implementation, including: • A launch workshop to operationalize the ESMF and agree on roles and responsibilities moving forward • A workshop with UN-Habitat technical staff to explain the ESMF and its implementation. • Training in environmental and social risk management for implementation partners and participating contractors. • Toolbox talks for contractors to explain the ESMF and the ESHS requirements, including the grievance mechanism for workers, sexual exploitation and abuse (SEA)/sexual harassment (SH) and the associated grievance management, and worker OHS, including: o On-site risk identification and mitigation o Use of PPEs o Emergency Prevention and Preparedness • Sessions to sensitize local authorities to the ESMF and its implementation Page 121 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures 292. UN-Habitat will also finance the production of training manuals and awareness materials as needed. Table 10. Indicative costs of capacity building activities Capacity Building Measures Unit Cost (USD) Costs (USD) 5 X 2-day training on ESMF for implementation 2000/session 10,000 partners 10 X 1-day consultation with local authorities and key 1000/session 10,000 stakeholders 20 X 1-day training on ESMPs and contractual clauses 1000/session 20,000 for contracted entities Production of environmental and social awareness 5000 5,000 materials (brochures, posters, fliers) TOTAL 45,000 9.3 Budget 293. UN-Habitat will allocate USD 72,000 for the implementation of the Project Grievance Mechanism, as well as USD 100,000 for an NGO that will facilitate communications with stakeholders. • UN-Habitat is fully covering, as part of the fee that it will charge the World Bank, the cost of the ESS Expert and of the Social Development Coordinator, as well as any associated operational costs and the costs of SEP and LMP implementation. All these costs are embedded in different budget lines of the overall fee. • The cost of due diligence for specific subprojects (preparation of the screening form, consultations, GM, preparation of ESMPs, and monitoring) will be included in the costs/budget for each subproject. These costs are scalable to the level and scope of the potential risks and impacts, and might include the costs of consultants recruited by UN-Habitat to assist on specific tasks. Page 122 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Annex 1. Template for Subproject Screening Screening Form for Potential Environmental and Social Issues UN-Habitat will use this form to screen for the potential environmental and social risks and impacts of a proposed subproject. The form will allow UN-Habitat to: (i) identify the relevant Environmental and Social Standards (ESS); (ii) establish an appropriate Environmental and Social risk for the subproject; and (iii) specify the type of environmental and social assessment required, including specific instruments/plans. The Screening Form is not a substitute for subproject-specific environmental and social assessments or specific mitigation plans. Subproject name Subproject location Implementing Partner (if any) Estimated Investment Was the site visited beforehand Estimated Start/Completion Date Observations/Comments Signature of UN-Habitat ESS Expert Signature of Program Manager Questions Is the subproject likely to generate large to medium scale adverse An ESIA and ESMP risks and impacts on human populations or the environment? must be prepared What is the nature of these risks and impacts and what standards must an ESIA and ESMP would have to take into account Does the subproject involve civil works including the rehabilitation of buildings affected by the POB? Is the subproject located in the vicinity of any known cultural heritage sites? Does the subproject have adverse risks and impacts on human A proportionate ESMP populations or the environment that are not likely to be significant, do must be prepared not involve activities that have a high potential for harming people or the environment, and are located away from environmentally or socially sensitive areas. Page 123 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Does the subproject have potential adverse risks to and impacts on The SEP, LMP, and the human populations or the environment that are likely to be minimal or SEA/SH Prevention and negligible? Response Plan Conclusions of the screening: 1. Indicate the proposed environmental and social risk ratings130 (Substantial, Moderate or Low), and provide justifications. High risk subprojects131 are not eligible under the Project). 2. Indicate the proposed environmental and social risk management instruments that must be prepared. 130 Substantial Risk subprojects are likely to generate some significant adverse risks and impacts on human populations or the environment, because of their large to medium scale. They are not located in a highly sensitive area. Impacts are likely to be mostly temporary, predictable and reversible. Moderate Risk subprojects have adverse risks and impacts on human populations and/or the environment that are not likely to be significant, because the subproject is not complex or large, do not involve activities that have a high potential for harming people or the environment, and are located away from environmentally or socially sensitive areas. Low Risk subprojects have potential adverse risks to and impacts on human populations or the environment that are likely to be minimal or negligible. These subprojects do not require further ES assessment following the initial screening. 131 High Risk subprojects are likely to generate a wide range of significant adverse risks and impacts on human populations or the environment, because of the complex nature of the Project, their large to very large scale, or the sensitivity of the subproject locations. Impacts are likely to be long term, permanent, irreversible, and impossible to avoid entirely due to the nature of the Project Page 124 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Annex 2 Relevant Environmental Standards Table 11. Maximum Allowable Limits for Ambient Air Pollutants (MoE Decision 52/1) Maximum Allowable Pollutant Averaging Period Concentration (in µg/m3) 350 1 hour Sulfur Dioxide (SO2) 120 24 hours 80 1 year 200 1 hour Nitrogen Dioxide (NO2) 150 24 hours 100 1 year 150 1 hour Ozone (O3) 100 8 hours 30,000 1 hour Carbon monoxide (CO) 10,000 8 hours Total Suspended Particulate 120 24 hours Particulate Matter 80 24 hours Lead 1.0 1 year Benzene 1.0 1 year Page 125 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Table 12. Maximum allowable limits for air emissions as set in Decision 8/1 Parameter Emission limit value Remark Dust 200 mg/m3 (for new facilities) 500 mg/m3 (for With no hazardous compounds existing facilities) Particulate Inorganic Pollutants Group I 1 mg/m3 Mass flow > 5g/h Group II 10 mg/m3 Mass flow > 25g/h Group III 30 mg/m3 Mass flow > 50g/h Gaseous Inorganic Pollutants Group I 1 Mass flow > 50g/h Group II 5 Mass flow > 300g/h Group III 30 Mass flow > 1,000g/h Group IV 500 Mass flow > 10,000g/h Gaseous Organic Pollutants Group I 20 Mass flow > 500g/h Group II 100 Mass flow > 4,000g/h Group III 200 Mass flow > 6,000g/h Cancer Causing Pollutants Group I 0.2 Mass flow > 5g/h Group II 2 Mass flow > 10g/h Group III 10 Mass flow > 50g/h Page 126 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Table 13. Wastewater discharge standards into different media (Decision 8/1) Substance Limits for Water Bodies Sewerage system Surface water Sea pH 6-9 6-9 6-9 Temperature 35ºC 30 ºC 35ºC BOD (5 day, 20ºC) 125 mg/l 25 mg/l 25 mg/l COD (dichromate) 500 mg/l 125 mg/l 125 mg/l Total Phosphorus 10 mg/l 10 mg/l 10 mg/l 1322 60 mg/l 30 mg/l 30 mg/l Total Nitrogen Suspended solids 600 mg/l 60 mg/l 60 mg/l AOX 5 5 5 Detergents - 3 mg/l 3 mg/l Coliform Bacteria 370 C in 100 - 2,000 2,000 133 ml 3 Salmonellae Absence Absence Absence Hydrocarbons 20 mg/l 20 mg/l 20 mg/l Phenol Index 5 mg/l 0.3 mg/l 0.3 mg/l Oil and grease 50 mg/l 30 mg/l 30 mg/l Total Organic Carbon Ammonia (NH4+) - 10 mg/l 10 mg/l Silver (Ag) 0.1 mg/l 0.1mg/l 0.1 mg/l Aluminum (Al) 10 mg/l 10 mg/l 10 mg/l Arsenic (As) 0.1 mg/l 0.1 mg/l 0.1 mg/l Barium (Ba) 2 mg/l 2 mg/l 2 mg/l Cadmium (Cd) 0.2 mg/l 0.2 mg/l 0.2 mg/l Cobalt (Co) 1 mg/l 0.5 mg/l 0.5 mg/l Chromium total (Cr) 2 mg/l 2 mg/l 2 mg/l Hexavalent Chromium (CrVI+) Chromium Copper total (Cu) 1 mg/l 0.5 mg/l 1.5 mg/l Iron total (Fe) 5 mg/l 5 mg/l 5 mg/l Mercury total (Hg) 0.05 mg/l 0.05 mg/l 0.05 mg/l Manganese (Mn) 1 mg/l 1 mg/l 1 mg/l Nickel total (Ni) 2 mg/l 0.5 mg/l 0.5 mg/l Lead total (Pb) 1 mg/l 0.5 mg/l 0.5 mg/l 132 Sum of Kjeldahl-N (organic N + NH3), NO3-N, NO2-N 133 For discharges in close distance to bathing water, a stricter environmental limit value could be necessary Page 127 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Substance Limits for Water Bodies Sewerage system Surface water Sea Antimony (Sb) 0.3mg/l 0.3mg/l 0.3mg/l Tin total (Sn) 2 mg/l 2 mg/l 2 mg/l Zinc total (Zn) 10 mg/l 5 mg/l 5 mg/l Active (Cl2) - 1 mg/l 1 mg/l Cyanides (CN-) 1 mg/l 0.1mg/l 0.1mg/l Fluorides (F) 15 mg/l 25 mg/l 25 mg/l Nitrate (NO3) - 90 mg/l 90 mg/l Phosphate (PO4) - 5 mg/l 5 mg/l Sulphate (SO4) 1,000 mg/l 1,000 mg/l 1,000 mg/l Sulphide (S2) 1 mg/l 1 mg/l 1 mg/l Table 14. Ambient Noise Standards as per Decision 52/1 Limit for Ambient Noise Level dB(A) Region Type Day Time Evening Time Night Time (7 a.m. - 6 p.m.) (6 p.m. - 10 p.m.) (10 p.m.- 7 a.m.) Commercial and administrative areas in 55-65 50-60 45-55 town centers Residential areas with some 50-60 45-55 40-50 construction sites or along a main road Urban residential areas 45-55 40-50 35-45 Residential suburbs with slight traffic 40-50 35-45 30-40 Industrial areas 60-70 55-65 50-60 Rural residential areas, public gardens 35-45 30-40 25-35 and hospitals Table 15. National Occupational Noise Exposure Standards in Work Areas Duration per Allowed Sound Level Day (hours) Exposure, dB(A) 8 90 4 95 2 100 1 105 ½ 110 ¼ 115 Page 128 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Annex 3. Indicative Outline of Subproject ESIA Where an environmental and social impact assessment (ESIA) must be prepared as part of the environmental and social assessment of a subproject, it will include the following: Executive Summary • Concisely discusses significant findings and recommended actions. Legal and Institutional Framework • Analyzes the legal and institutional framework for the project, within which the environmental and social assessment is carried out, taking into account in an appropriate manner all issues relevant to the project, including: (a) the country’s applicable policy framework, national laws and regulations, and institutional capabilities (including implementation) relating to environment and social issues; variations in country conditions and project context; country environmental or social studies; national environmental or social action plans; and obligations of the country directly applicable to the project under relevant international treaties and agreements; (b) applicable requirements under the ESSs; and (c) the EHSGs, and other relevant GIIP. • Compares the Borrower’s existing environmental and social framework and the ESSs and identifies the gaps between them. • Identifies and assesses the environmental and social requirements of any co-financiers. Subproject Description • Concisely describes the proposed subproject and its geographic, environmental, social, and temporal context, including any offsite investments that may be required (e.g., dedicated pipelines, access roads, power supply, water supply, housing, and raw material and product storage facilities), as well as the project’s primary suppliers. • Through consideration of the details of the project, indicates the need for any plan to meet the requirements of ESS1 through 10. • Includes a map of sufficient detail, showing the project site and the area that may be affected by the project’s direct, indirect, and cumulative impacts. Baseline Data • Sets out in detail the baseline data that is relevant to decisions about project location, design, operation, or mitigation measures. This should include a discussion of the accuracy, reliability, and sources of the data as well as information about dates surrounding project identification, planning and implementation. • Identifies and estimates the extent and quality of available data, key data gaps, and uncertainties associated with predictions. • Based on current information, assesses the scope of the area to be studied and describes relevant physical, biological, and socioeconomic conditions, including any changes anticipated before the project commences. • Takes into account current and proposed development activities within the project area but not directly connected to the project. Environmental and Social Risks and Impacts • Takes into account all relevant environmental and social risks and impacts of the project. This will include the environmental and social risks and impacts specifically identified in ESS2–8, and any other environmental and social risks and impacts arising as a consequence of the Page 129 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures specific nature and context of the project, including the risks and impacts identified in ESS1, paragraph 28. Mitigation Measures • Identifies mitigation measures and significant residual negative impacts that cannot be mitigated and, to the extent possible, assesses the acceptability of those residual negative impacts. • Identifies differentiated measures so that adverse impacts do not fall disproportionately on the disadvantaged or vulnerable. • Assesses the feasibility of mitigating the environmental and social impacts; the capital and recurrent costs of proposed mitigation measures, and their suitability under local conditions; and the institutional, training, and monitoring requirements for the proposed mitigation measures. • Specifies issues that do not require further attention, providing the basis for this determination. Analysis of Alternatives • Systematically compares feasible alternatives to the proposed project site, technology, design, and operation—including the “without projectâ€? situation—in terms of their potential environmental and social impacts. • Assesses the alternatives’ feasibility of mitigating the environmental and social impacts; the capital and recurrent costs of alternative mitigation measures, and their suitability under local conditions; and the institutional, training, and monitoring requirements for the alternative mitigation measures. • For each of the alternatives, quantifies the environmental and social impacts to the extent possible, and attaches economic values where feasible. Design Measures • Sets out the basis for selecting the particular project design proposed and specifies the applicable EHSGs or if the EHSGs are determined to be inapplicable, justifies recommended emission levels and approaches to pollution prevention and abatement that are consistent with GIIP. Key Measures and Actions for the Environmental and Social Commitment Plan (ESCP) • Summarizes key measures and actions and the timeframe required for the project to meet the requirements of the ESSs. This will be used in developing the Environmental and Social Commitment Plan (ESCP). Appendices • List of the individuals or organizations that prepared or contributed to the environmental and social assessment. • References—setting out the written materials both published and unpublished, that have been used. • Record of meetings, consultations and surveys with stakeholders, including those with affected people and other interested parties. The record specifies the means of such stakeholder engagement that were used to obtain the views of affected people and other interested parties. • Tables presenting the relevant data referred to or summarized in the main text. • List of associated reports or plans. Page 130 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Annex 4. Indicative Outline of an ESMP An ESMP consists of the set of mitigation, monitoring, and institutional measures to be taken during implementation and operation of a subproject to eliminate adverse environmental and social risks and impacts, offset them, or reduce them to acceptable levels. The ESMP also includes the measures and actions needed to implement these measures. UN-Habitat will (a) identify the set of responses to potentially adverse impacts; (b) determine requirements for ensuring that those responses are made effectively and in a timely manner; and (c) describe the means for meeting those requirements. The content of the ESMP will include the following: Mitigation • The ESMP identifies measures and actions in accordance with the mitigation hierarchy that reduce potentially adverse environmental and social impacts to acceptable levels. • The plan will include compensatory measures, if applicable. Specifically, the ESMP: 1. identifies and summarizes all anticipated adverse environmental and social impacts 2. describes - with technical details – each mitigation measure, including the type of impact to which it relates and the conditions under which it is required (e.g., continuously or in the event of contingencies), together with designs, equipment descriptions, and operating procedures, as appropriate 3. estimates any potential environmental and social impacts of these measures; 4. takes into account, and is consistent with, any other mitigation plans that might be required for the project (e.g., cultural heritage). Monitoring • The ESMP identifies monitoring objectives and specifies the type of monitoring, with linkages to the impacts assessed in the environmental and social assessment and the mitigation measures described in the ESMP. Specifically, the monitoring section of the ESMP provides (a) a specific description, and technical details, of monitoring measures, including the parameters to be measured, methods to be used, sampling locations, frequency of measurements, detection limits (where appropriate), and definition of thresholds that will signal the need for corrective actions; and (b) monitoring and reporting procedures to (i) ensure early detection of conditions that necessitate particular mitigation measures, and (ii) furnish information on the progress and results of mitigation. Capacity Development and Training • To support timely and effective implementation of environmental and social project components and mitigation measures, the ESMP draws on the environmental and social assessment of the existence, role, and capability of responsible parties on site. • Specifically, the ESMP provides a specific description of institutional arrangements, identifying which party is responsible for carrying out the mitigation and monitoring measures (e.g., for operation, supervision, enforcement, monitoring of implementation, remedial action, financing, reporting, and staff training). • To strengthen environmental and social management capability of UN-Habitat, the ESMP recommends the establishment or expansion of the parties responsible, the training of staff and any additional measures that may be necessary to support implementation of mitigation measures and any other recommendations of the environmental and social assessment. Page 131 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Implementation Schedule and Cost Estimates • For all three aspects (mitigation, monitoring, and capacity development), the ESMP provides (a) an implementation schedule for measures that must be carried out as part of the project, showing phasing and coordination with overall project implementation plans; and (b) the capital and recurrent cost estimates and sources of funds for implementing the ESMP. These figures are also integrated into the total project cost tables. Integration of ESMP with Project • The Borrower’s decision to proceed with a project, and the Bank’s decision to support it, are predicated in part on the expectation that the ESMP (either stand alone or as incorporated into the ESCP) will be executed effectively. Consequently, each of the measures and actions to be implemented will be clearly specified, including the individual mitigation and monitoring measures and actions and the institutional responsibilities relating to each, and the costs of so doing will be integrated into the project’s overall planning, design, budget, and implementation. Page 132 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Annex 5. Environmental and Social Requirements for Contractors The Environmental, Social, Safety and Security (ESHS) requirements134 are a standard list of requirements that contractors must implement for most subprojects. The subproject specific ESMPs prepared by UN-Habitat will highlight the relevant requirements, but might also supplement the ESHS requirements, as needed, by defining additional requirements. The ESHS requirements include 10 sections 1. Contractor Environmental and Social Management Plan (C-ESMP) 2. ESHS Training 3. Construction Site Management 4. Occupational Health and Safety (OHS) 5. Road safety and Traffic Safety 6. Chance Find Procedures 7. Emergency Preparedness and Response 8. Stakeholder Engagement 9. Labor force management, including the Code of Conduct 10. Contractor Environmental and Social Reporting Contractor Environmental and Social Management Plan (C-ESMP) The Contractor shall: • Prepare and submit to UN-Habitat for approval a Contractor Environmental and Social l and Social Management Plan (C-ESMP) • Include in the C-ESMP a detailed explanation of how the contractor’s performance will meet the ESHS requirements as defined in the contract bidding documents • Ensure that sufficient funds are budgeted to meet the ESHS requirements, and that sufficient capacity is in place to oversee, monitor and report on C-ESMP performance. • Put in place controls and procedures to manage their ESHS performance. • Get prior written approval from UN-Habitat Engineers before starting construction or rehabilitation activities. ESHS Training The Contractor shall • Determine ESHS training needs in collaboration with UN-Habitat • Maintain records of all ESHS training, orientation, and induction. • Ensure, through appropriate contract specifications and monitoring that service providers, as well as contracted and subcontracted labor, are trained adequately before assignments begin. 134 The ESHS requirements build on the General EHS Guidelines of the World Bank Group, but also take into account other World Bank guidelines, and good practice notes Page 133 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures • Demonstrate that its employees are competent to carry out their activities and duties safely. For this purpose, the Contractor shall issue a Competence Certificate for every person working on site (relative to trade and aspect of work assignment) that specifies which tasks can be undertaken by which key personnel. Orientation Training The Contractor shall: • Provide ESHS orientation training to all employees, including management, supervisors, and workers, as well as to subcontractors, so that they are apprised of the basic site rules of work at/on the site and of personal protection and preventing injury to fellow employees. • Training should consist of basic hazard awareness, site-specific hazards, safe work practices, and emergency procedures for fire, evacuation, and natural disaster, as appropriate. Any site-specific hazard or color coding in use should be thoroughly reviewed as part of orientation training. Visitor Orientation The Contractor shall: • Establish an orientation program for visitors, including vendors, that could access areas where hazardous conditions or substances may be present. • Visitors shall not enter hazard areas unescorted. • Ensure that visitors shall always be accompanied by an authorized member of the contractor, or a representative of UN-Habitat, who has successfully fulfilled the ESHS orientation training, and who is familiar with the project site construction hazards, layout, and restricted working areas. New Task Employee and Contractor Training The Contractor shall: • Ensure that all workers and subcontractors, prior to commencement of new assignments, have received adequate training and information enabling them to understand work hazards and to protect their health from hazardous ambient factors that may be present. The training should adequately cover the step-by-step process that is needed for Project activities to be undertaken safely, with minimum harm to the environment, including: o Knowledge of materials, equipment, and tools o Known hazards in the operations and how they are controlled o Potential risks to health o Precautions to prevent exposure o Hygiene requirements o Wearing and use of protective equipment and clothing o Appropriate response to operation extremes, incidents and accidents Construction Site Management Vegetation The Contractor shall: • Prevent any unnecessary destruction, scarring, or defacing of the natural surroundings in the vicinity of the construction site Page 134 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures • Protect all trees and vegetation from damage by construction operations and equipment, except where clearing is required for permanent works, approved construction roads, or excavation operations • Revegetate damaged areas on completion of the works, and for areas that cannot be revegetated, scarifying the work area to a condition that will facilitate natural revegetation, provide for proper drainage, and prevent erosion • Use, as much as possible, local species for replanting and species that are not listed as a noxious weed • Repair, replant, reseed or otherwise correct, as directed by UN-Habitat or its representative, and at the Contractor’s own expense, all unnecessary destruction, scarring, damage, or defacing of the landscape resulting from the Contractors operations • Transport labor and equipment in a manner to avoid as much as possible damage to grazing land, crops, and property Protection of Existing Installations The Contractor shall: • Safeguard all existing buildings, structures, works, pipes, cables, sewers, or other services or installations from harm, disturbance or deterioration during construction activities • Coordinate with local authorities to identify existing infrastructure that might not be visible • Repair any damage caused by the Contractor’s activities, in coordination with concerned authorities. • Take all reasonable precautions to prevent or reduce any disturbance or inconvenience to the owners, tenants or occupiers of properties to the construction activities, and more generally to the public • Maintain safe access to public and private properties that might be affected by construction activities. If necessary, provide acceptable alternative means of passage or access to the satisfaction of the persons affected. • Install retaining nets to hold falling debris during construction. • Avoid working during night hours Waste from Construction Activities The Contractor shall: • Collect and properly manage all solid wastes resulting from the construction activities, including construction debris and spoils, to prevent the contamination of soil and groundwater • Remove unneeded excavation material from construction sites as soon as possible • Agree with relevant municipalities about construction waste disposal • Carefully select waste disposal sites, to be approved by UN-Habitat • Minimize littering of roads by ensuring that vehicles are licensed and loaded in such a manner as to prevent falling off or spilling of construction materials, and by sheeting the sides and tops of all vehicles carrying mud, sand, other materials or debris • Transfer construction waste to assigned places in the selected waste disposal sites with documented confirmation. • Properly dispose of solid waste and debris at designated permitted sites waste disposal sites allocated by the local authorities, and obtain a receipt of waste from the authorized landfill authority. Page 135 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Air Quality The most common pollutant involved in fugitive emissions is dust or particulate matter (PM) that is released during the transport and open storage of solid materials, and from exposed soil surfaces, including unpaved roads. Accordingly, the Contractor shall: • Use dust control methods, such as covers, water suppression, or increased moisture content for open materials storage piles, or controls, including air extraction and treatment through a baghouse or cyclone for material handling sources, such as conveyors and bins; • Use water suppression for control of loose materials on paved or unpaved road surfaces. Oil and oil by-products are not a recommended method to control road dust. • Use wheel washes at quarries, ready-mix plants, construction sites, and other facilities to prevent track-out of mud, dust and dirt on to public road. • Regularly clean road surfaces within the construction sites to remove accumulated fine material, and regularly clean transportation vehicles. • Cover open bodied trucks handling sand, gravel or earth. • Minimize smoke from diesel engines by regular and proper maintenance, in particular by ensuring that the engine, injection system and air cleaners are in good condition. Hazardous and Toxic Materials Toxic and deleterious wastes resulting from the Contractor’s activities require special attention in order to forestall their introduction into the natural environment which could result in harm to people, aquatic life or natural growth of the area. Accordingly, the Contractor shall: • Train workers regarding the handling of hazardous materials • Label using easily understandable symbols, and provide material safety data sheets, for chemical substances and mixtures according to the Globally Harmonized System (GHS) of classification and labelling of chemicals. • Store hazardous materials as per the statutory provisions of the Manufactures, Storage and Import of Hazardous Chemicals Rules (1989), under the Environment (Protection) Act, 1986. • Provide adequate secondary containment for fuel storage tanks and for the temporary storage of other fluids such as lubricating oils and hydraulic fluids, • Use impervious surfaces for refueling areas and other fluid transfer areas • Train workers on the correct transfer and handling of fuels and chemicals and the response to spills • Implement procedures for handling any asbestos contaminated materials • Provide portable spill containment and cleanup equipment on site and training in the equipment deployment • Assessing the presence of hazardous substances in or on building materials (e.g., polychlorinated biphenyls, asbestos containing flooring or insulation) and decontaminate, and properly dispose of contaminated materials • Deposit or discharge toxic liquids, chemicals, fuels, lubricants and bitumen into containers for salvage or subsequent removal to off-site locations, in coordination with the relevant authorities • Treat hazardous waste separately from other waste • Avoid the storage or handling of toxic liquid adjacent to or draining into drainage facilities • Keep absorbent materials or compounds on Site in sufficient quantities corresponding to the extent of possible spills • Select landfill sites used for the disposal of solid waste in coordination with the relevant authorities • Ensure adequate primary treatment of sanitation effluents and installing septic tanks away from municipal watering points Page 136 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Area Signage The Contractor shall: • Appropriately mark hazardous areas • Install warning signs in Arabic • Ensure that signage is in accordance with international standards and is well known to, and easily understood by workers, visitors and the general public as appropriate. • Demarcate work sites with safety tape, fencing or barricades, as appropriate, to prevent unauthorized access to the construction sites • Safeguard public safety by covering holes and by installing guardrails along temporary pathways. Borrow Pits and Quarries135 Materials required for site fill, backfill or the construction of permanent works that are not available from the surface will be obtained from borrow areas and quarries that the Contractor will identify, subject to approval by UN-Habitat. The Contractor shall adhere to the following standards when siting, developing, operating, and reinstating borrow pits and quarries: • Obtain all necessary permits for borrow pits and quarry operations. • Locate quarry sites as far away from settlements as possible. Quarry operations will produce noise and dust that will impact on nearby inhabitants even if controls are imposed. • Fence and secure quarry sites. Steep quarry faces are a hazard to people and livestock. • Locate borrow pits and quarries at least 100 m from watercourses or human habitations. • Conduct a pre-blasting inspection/survey, in consultation with residents/property owners, prior to operating a quarry, to document the existing condition of buildings and identify any sensitive structures, building components or contents. The site conditions and the inspection information should be used to design the blasting operation to avoid any effects to property. • Locate, to the extent possible, borrow pits on land that is not used for cultivation and is not wooded. • Avoid areas of local historical or cultural interest and locate pits more than 25 m of grave sites. • Hide, to the extent possible, pits from the road. Quarries and borrow pits should be designed to minimize visible scarring of the landscape. • Develop a borrow pits and quarry management plan, including a plan to reinstate borrow pits and quarry sites as closely as possible to their original state Decommissioning of Worksites and Plant The Contractor shall: • Clear construction sites of any equipment or waste, and ensuring that the sites are free from contamination. • Dispose of or ensure the recycling of any equipment or waste in an appropriate and environmentally sound manner. 135 Contractors should consider doing borrow pits on a a willing-buyer willing-seller (renter) basis to avoid involuntary land acquisition. Page 137 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Health and Safety Contractors will collaborate with other contractors in applying health and safety requirements, when workers from more than one contractor are working together in one location, without prejudice to the responsibility of each party for the health and safety of its own workers. Severe Weather and Facility Shutdown The Contractor shall: • Design and build work place structures to withstand the expected elements for the region and designate an area designated for safe refuge, if appropriate. • Develop Standard Operating Procedures (SOPs) for project or process shut-down, including an evacuation plan. Lavatories and Showers The Contractor shall: • Provide adequate lavatory facilities (toilets and washing areas) for the number of people expected to work at the construction sites, and make allowances for segregated facilities, or for indicating whether the toilet facility is “In Useâ€? or “Vacantâ€?. • Provide toilet facilities with adequate supplies of hot and cold running water, soap, and hand drying devices. • Provide separate toilets for women workers at the worksite • Where workers may be exposed to substances poisonous by ingestion and skin contamination may occur, provide facilities for showering and changing into and out of street and work clothes. Potable Water Supply The Contractor shall: • Provide adequate supplies of potable drinking water • Ensure that water supplied to areas of food preparation or for the purpose of personal hygiene (washing or bathing) meets drinking water quality standards Clean Eating Area The Contractor shall: • Where there is potential for exposure to substances poisonous by ingestion, make suitable arrangements to provide clean eating areas where workers are not exposed to the hazardous or noxious substances Personal Protective Equipment (PPE) The Contractor shall: • Identify and provide at no cost appropriate PPE to workers, the workers of subcontractors, as well as to visitors, which gives adequate protection without incurring unnecessary inconvenience to the individual, including helmets, safety boots, gloves, goggles, safety jackets, and N95 masks, as well as body coverall, gloves, respirators with filters, and goggles in the case of contaminated sites • Ensure that the use of PPE is compulsory • Provide sufficient training in the use, storage and maintenance of PPE to its workers and workers of its subcontractors Page 138 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures • Properly maintain PPE, including cleaning when dirty and replacement when damaged or worn out; • Determine requirements for standard and/or task-specific PPE based on of Job specific Safety Analysis (JSA) • Consider the use of PPE as a last resort when it comes to hazard control and prevention, and always refer to the hierarchy of hazard controls when planning a safety process Noise The Contractor shall institute appropriate measures to reduce the exposure of workers to construction noise, including but not limited to: • Avoid exposure to a noise level greater than 85 dB(A) for a duration of more than 8 hours per day without hearing protection. In addition, no unprotected ear should be exposed to a peak sound pressure level (instantaneous) of more than 140 dB(C). • Enforce the use of hearing protection should be enforced actively when the equivalent sound level over 8 hours reaches 85 dB(A), the peak sound levels reach 140 dB(C), or the average maximum sound level reaches 110 dB(A). • Provide hearing protective devices capable of reducing sound levels at the ear to at most 85 dB(A). • Reduce the “allowedâ€? exposure period or duration by 50 percent for every 3 dB(A) increase in in excess of 85 dB(A). • Perform periodic medical hearing checks on workers exposed to high noise levels. • Rotate staff to limit individual exposure to high levels. • Install practical acoustical attenuation on construction equipment, such as mufflers. o Use silenced air compressors and power generators o Keep all machinery in good condition o Install exhaust silencing equipment on bulldozers, compactors, crane, dump trucks, excavators, graders, loaders, scrapers and shovels. • Post signs in all area where the sound pressure level exceeds 85 dB(A). • Shut down equipment when not directly in use • Provide advance notice to occupants if an activity involving high level impact noise is in close proximity to buildings. Slips and Falls Slips and falls on the same elevation associated with poor housekeeping, such as excessive waste debris, loose construction materials, liquid spills, and uncontrolled use of electrical cords and ropes on the ground, are also among the most frequent cause of lost time accidents at construction and decommissioning sites. To prevent slips and falls from, or on, the same elevation, the Contractor shall • Implementing good house-keeping practices, such as the sorting and placing loose construction materials or demolition debris in established areas away from foot paths • Clean up excessive waste debris and liquid spills regularly • Locate electrical cords and ropes in common areas and marked corridors • Ensure that workers use slip retardant footwear Working at Heights The contractor shall implement fall prevention and protection measures whenever a worker is exposed to the hazard of falling more than two meters, or through an opening in a work surface. Fall prevention / protection measures may include: • Installation of guardrails with mid-rails and toe boards at the edge of any fall hazard area Page 139 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures • Proper use of ladders and scaffolds by trained employees • Use of fall prevention devices, including safety belt and lanyard travel limiting devices to prevent access to fall hazard area, or fall protection devices such as full body harnesses used in conjunction with shock absorbing lanyards or selfretracting inertial fall arrest devices attached to fixed anchor point or horizontal life-lines • Appropriate training in use, serviceability, and integrity of the necessary PPE • Inclusion of rescue and/or recovery plans, and equipment to respond to workers after an arrested fall Struck By Objects The Contractor shall: • Use a designated and restricted waste drop or discharge zones, and/or a chute for safe movement of wastes from upper to lower levels • Conduct sawing, cutting, grinding, sanding, chipping or chiseling with proper guards and anchoring as applicable • Maintain clear traffic ways to avoid driving of heavy equipment over loose scrap • Use temporary fall protection measures in scaffolds and out edges of elevated work surfaces, such as hand rails and toe boards to prevent materials from being dislodged • As necessary, require workers to wear appropriate PPE, such as safety glasses with side shields, face shields, hard hats, and safety shoes Welding/Hot Work The contractor shall: • Provide proper eye protection such as welder goggles and/or a full-face eye shield for all personnel involved in, or assisting, welding operations. Additional methods may include the use of welding barrier screens around the specific work station (a solid piece of light metal, canvas, or plywood First Aid and Accidents The Contractor shall: • Ensure that qualified first-aid by qualified personnel is always available. Appropriately equipped first-aid stations should be easily accessible throughout the place of work. • Provide workers with rescue and first-aid duties with dedicated training so as not to inadvertently aggravate exposures and health hazards to themselves or their co- workers. Training would include the risks of becoming infected with blood–borne pathogens through contact with bodily fluids and tissue. • Provide eye-wash stations and/or emergency showers close to all workstations where immediate flushing with water is the recommended first-aid response. • Provide dedicated and appropriately equipped first-aid room(s) where the scale of work or the type of activity being carried out so requires. • Equip first aid stations and rooms with gloves, gowns, and masks for protection against direct contact with blood and other body fluids. • Make widely available written emergency procedures for dealing with cases of trauma or serious illness, including procedures for transferring patient care to an appropriate medical facility. • Immediately report all accidental occurrences with serious accident potential such as major equipment failures, contact with high-voltage lines, exposure to hazardous materials, slides, or cave-ins to UN-Habitat. • Immediately investigate any serious or fatal injury or disease caused by the progress of work by the Contractor, and submit a comprehensive report to UN-Habitat. Page 140 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Communicable Diseases Sexually-transmitted diseases (STDs), such as HIV/AIDS, are the communicable diseases of most concern because of labor mobility. Recognizing that no single measure is likely to be effective in the long term, the Contractor shall implement a combination of behavioral and environmental modifications to mitigate communicable diseases: • Conduct Information, Education and Consultation Communication (IEC) campaigns, at least every other month, addressed to all construction site staff (including all the Contractor’s employees, all subcontractors of any tier, consultants' employees working on the site, and truck drivers and crew making deliveries to the site for Works and Services executed under the Contract, concerning the risks, dangers and impact, and appropriate avoidance behavior of communicable diseases. • Provide for active screening, diagnosis, counselling and referral of workers to a dedicated national STD and HIV/AIDS program, (unless otherwise agreed) for all site staff and labor. • Provide male or female condoms to all Site staff and workers, as appropriate. • Provide treatment through standard case management in on-site or community health care facilities. • Ensure ready access to medical treatment, confidentiality and appropriate care, particularly with respect to migrant workers. • Promote collaboration with local authorities to enhance access of workers families and the community to public health services and ensure the immunization of workers against common and locally prevalent diseases. • Provide basic education on the conditions that allow the spread of other diseases such as COVID-19 and Cholera. The training should cover sanitary hygiene education. • Prevent illness in immediate local communities by: o Implementing an information strategy to reinforce person-to-person counselling addressing systemic factors that can influence individual behavior as well as promoting individual protection, and protecting others from infection, by encouraging condom use o Training health workers in disease treatment o Conducting immunization programs for workers in local communities to improve health and guard against infection o Providing health services o Contracting an HIV service provider to be available on-site COVID-19136 In the context of the COVID-19 pandemic, Contractors shall develop and implement measures to prevent or minimize an outbreak of COVID-19, and develop procedures indicating what should be done if a worker gets sick. The Contractor shall: • Assess the characteristics of the workforce, including those with underlying health issues or who may be otherwise at risk • Confirm that workers are fit for work, including temperature testing and refusing entry to sick workers • Consider ways to minimize entry/exit to site or the workplace, and limit contact between workers and the community/general public • Train workers on hygiene and other preventative measures, and implement a communication strategy for regular updates on COVID-19 related issues and the status of affected workers • Treat workers who are or should be self-isolating and/or are displaying symptoms 136 Based on the World Bank COVID-19 LMP Template, April 16, 2020 Page 141 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures • Assess risks to continuity of supplies of medicine, water, fuel, food and PPE, taking into account international, national and local supply chains • Reduce, store and dispose of medical waste • Adjust work practices to reduce the number of workers and increase social distancing • Expand health facilities on-site compared to usual levels, develop relationships with local health care facilities and organize for the treatment of sick workers • Build worker accommodations further apart, or have one worker accommodation in a more isolated area, which may be easily converted to quarantine and treatment facilities, if needed • Establish a procedure to follow if a worker becomes sick (following WHO guidelines) • Implement a communication strategy with the community, community leaders and local government in relation to COVID-19 issues on the site. Vector-Borne Diseases Reducing the impact of vector-borne disease on the long-term health of workers is best accomplished by implementing diverse interventions aimed at eliminating the factors that lead to disease. The Contractor, in close collaboration with community health authorities, shall implement an integrated control strategy for mosquito and other arthropod-borne diseases that includes the following measures: • Prevent of larval and adult propagation through sanitary improvements and elimination of breeding habitats close to human settlements • Eliminate unusable impounded water • Increase water velocity in natural and artificial channels • Consider the application of residual insecticide to dormitory walls • Implement integrated vector control programs • Promote the use of repellents, clothing, netting, and other barriers to prevent insect bites • Use chemoprophylaxis drugs by non-immune workers and collaborating with public health officials to help eradicate disease reservoirs • Monitor and treat circulating and migrating populations to prevent disease reservoir spread • Collaborate and exchange in-kind services with other control programs in the project area to maximize beneficial effects • Educate project personnel and area residents on risks, prevention, and available treatment • Monitor communities during high-risk seasons to detect and treat cases • Distribute appropriate education materials • Follow safety guidelines for the storage, transport, and distribution of pesticides to minimize the potential for misuse, spills, and accidental human exposure Road safety and Traffic Safety The Contractor shall ensure traffic safety by all project personnel during displacement to and from the workplace, and during the operation of project equipment on private or public roads. The Contractor shall adopt best transport safety practices across all aspects of project operations with the goal of preventing traffic accidents and minimizing injuries suffered by project personnel and the public, including: • Emphasize safety aspects among drivers • Improve driving skills and requiring licensing of drivers • Institute defensive driving training for all drivers prior to starting their job • Adopt limits for trip duration and arranging driver rosters to avoid overtiredness • Avoid dangerous routes and times of day to reduce the risk of accidents • Use speed control devices (governors) on trucks, and remote monitoring of driver actions Page 142 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures • Require that drivers and co-passengers wear seatbelts, and duly sanction defaulters. • Regularly maintain vehicles and use manufacturer approved parts to minimize potentially serious accidents caused by equipment malfunction or premature failure. Where the project may contribute to significant changes in traffic along existing roads the Contractor shall: • Commence activities that affect public motorways and highways, only after all traffic safety measures necessitated by the activities are fully operational. • Arrange diversions for providing alternative routes for transport and/or pedestrians • Minimize pedestrian interaction with construction vehicles, particularly at crossing points to schools, markets, and any animal crossing points of significance, through appropriate signage, engineered footpaths or traffic slowing devices. • Organize meaningful road accident awareness events at all roadside schools and communities within 150 meters of the road centerline, covering safe road crossing, road accident hazards from weather conditions and vehicle roadworthiness, overloading and driver alertness, dangers posed by parked and broken-down vehicles, etc. • Collaborate with local communities and responsible authorities to improve signage, visibility and overall safety of roads, particularly along stretches located near schools or other locations where children may be present. • Collaborate with local communities on education about traffic and pedestrian safety (e.g., school education campaigns). • Coordinate with emergency responders to ensure that appropriate first aid is provided to all affected persons in the event of accidents. • Use locally sourced materials, whenever possible, to minimize transport distances, and locate associated facilities such as worker camps close to project sites. • Employ safe traffic control measures, including road signs, traffic cones, removable barriers, and flag persons to warn of dangerous conditions. Cultural Heritage137 The Contractor shall: • Develop and adopt a Chance Find Procedure that outlines the actions to be taken if previously unknown cultural heritage is encountered, including: o determine whether cultural heritage is expected to be found, either during construction or operations o train construction crews and supervisors to spot potential archaeological finds o keep records and ensure expert verification o provide chain of custody instructions for movable finds o notify the Department of Archaeology at the Ministry of Culture or a local university, for quick assessment and action o define clear criteria for potential temporary work stoppages required for rapid disposition of issues related to the finds. • Avoid indirect damage to existing cultural heritage, such as affecting masonry through vibration Emergencies The Contractor shall: 137 Particular care must be taken when opening or operating quarries Page 143 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures • Establish and maintain an emergency preparedness and response system, in collaboration with appropriate and relevant third parties including to cover: (i) the contingencies that could affect personnel and facilities of the project to be financed; (ii) the need to protect the health and safety of project workers; (iii) the need to protect the health and safety of the Affected Communities. The emergency preparedness and response system shall include: o Identification of the emergency scenarios o Specific emergency response procedures o Training of emergency response teams o Training of workers on the actions to be taken in emergency situations o Emergency contacts and communication systems/protocols (including communication with Affected Communities when necessary) o Procedures for interaction with government authorities (emergency, health, environmental authorities) o Permanently stationed emergency equipment and facilities (e.g., first aid stations, firefighting equipment, spill response equipment, personal protection equipment for the emergency response teams) o Protocols for the use of the emergency equipment and facilities o Clear identification of evacuation routes and muster points o Emergency drills and their periodicity based on assigned emergency levels or tiers o Decontamination procedures and means to proceed with urgent remedial measures to contain, limit and reduce pollution within the physical boundaries of the project property and assets to the extent possible. Stakeholder Engagement As part of the overall Project Stakeholder Engagement138, the Contractor will undertake a process of stakeholder engagement with representative persons and communities directly affected by the activities it undertakes, including, if necessary, the public disclosure of its C-ESMP. The Contractor shall also maintain throughout the Project good relations with local communities and will give these communities prior notice of plans and schedules as they might affect local people. The stakeholder engagement process will also be applicable in the event of land acquisition associated with changes in the footprint of activities. Labor Force Management139 Labor Conditions The Contractor shall: • Implement the measures and commitments defined in the Project Labor Management Procedures. • Provide all workers with terms and conditions that comply with Lebanese labor legislation, and applicable International Labor Organization conventions on workplace conditions. • Hire workers through recruitment offices, and avoid hiring “at the gateâ€? to discourage spontaneous influx of job seekers • Put in place workplace processes for project 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. Project 138 The overall process of stakeholder engagement is described in the Project Stakeholder Engagement Plan (SEP) 139 See Chapter 6 of the Project ESMF, for the Labor Management Procedures Page 144 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures workers who remove themselves from such situations will not be required to return to work until necessary remedial action to correct the situation has been taken. Project workers will not be retaliated against or otherwise subject to reprisal or negative action for such reporting or removal. • Ensure that children and minors are not employed directly or indirectly on the project, and keep registration and proof of age for all employees on-site. • Avoid all forms of forced or compulsory labor, i.e., all work or service which is exacted from any person under the threat of a penalty and for which the person has not offered himself or herself voluntarily. • Develop and adopt a Gender Action Plan to promote the transfer of construction skills to local women, to facilitate their employment at the Project site, including training and recruitment targets. Insurance The Contractor shall: • Protect the health of workers involved in onsite activities • Compensate any employee for death or injury Grievance Mechanism for Workers The Contractor shall put in place a Grievance Mechanism for its workers and the workers of its subcontractors that is proportionate to its workforce. The GM for workers shall be distinct from the Project level Grievance Mechanism described in the Project Stakeholder Engagement Plan (SEP) for affected individuals and communities, and shall adhere to the following principles: • Provision of information. All workers should be informed about the grievance mechanism at the time they are hired, and details about how it operates should be easily available, for example, included in worker documentation or on notice boards. • Transparency of the process. Workers must know to whom they can turn in the event of a grievance and the support and sources of advice that are available to them. All line and senior managers must be familiar with their organization's grievance procedure. • Keeping it up to date. The process should be regularly reviewed and kept up to date, for example, by referencing any new statutory guidelines, changes in contracts or representation. • Confidentiality. The process should ensure that a complaint is dealt with confidentially. While procedures may specify that complaints should first be made to the workers’ line manager, there should also be the option of raising a grievance first with an alternative manager, for example, a human resource (personnel) manager. • Non-retribution. Procedures should guarantee that any worker raising a complaint will not be subject to any reprisal. • Reasonable timescales. Procedures should allow for time to investigate grievances fully, but should aim for swift resolutions. The longer a grievance is allowed to continue, the harder it can be for both sides to get back to normal afterwards. Time limits should be set for each stage of the process, for example, a maximum time between a grievance being raised and the setting up of a meeting to investigate it. • Right of appeal. A worker should have the right to appeal to the World Bank or national courts if he or she is not happy with the initial finding. • Right to be accompanied. In any meetings or hearings, the worker should have the right to be accompanied by a colleague, friend or union representative. • Keeping records. Written records should be kept at all stages. The initial complaint should be in writing, if possible, along with the response, notes of any meetings and the findings and the reasons Page 145 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures for the findings. Any records on SEA shall be registered separately and under the strictest confidentiality. • Relationship with collective agreements. Grievance procedures should be consistent with any collective agreements. • Relationship with regulation. Grievance processes should be compliant with the national employment code. Protection from Sexual Exploitation and Abuse140 The Contractor shall: • Provide repeated training and awareness raising to the workforce about refraining from unacceptable conduct toward local community members, specifically women • Inform workers about national laws that make sexual harassment and gender-based violence a punishable offence which is prosecuted • Prohibit its employees from exchanging any money, goods, services, or other things of value, for sexual favors or activities, or from engaging any sexual activities that are exploitive or degrading to any person. • Develop a system to capture gender-based violence, sexual exploitation and workplace sexual harassment related complaints/issues. • Adopt a policy to cooperate with law enforcement agencies in investigating complaints about gender-based violence. Protection from Child Labor The Contractor shall: • Verify that workers are older than 18 when hiring • Exclude all persons under the age of 18. • Review and retain copies of verifiable documentation concerning the age of workers Code of Conduct The Contractor shall ensure that all employees, including those of subcontractors, are informed about and sign the following Code of Conduct: CODE OF CONDUCT FOR CONTRACTOR’S PERSONNEL We the Contractor [enter name of Contractor] have signed a contract with UN-Habitat [enter description of the activities]. These activities will be carried out at [enter the Site and other locations where the activities will be carried out]. Our contract requires us to implement measures to address environmental and social risks related to the activities, including the risks of sexual exploitation and assault and gender-based violence. This Code of Conduct is part of our measures to deal with environmental and social risks related to the activities. It applies to all our staff, including laborers and other employees at the at all the places where the activities are being carried out. It also applies to the personnel of every subcontractor and any other personnel assisting us in the execution of the activities. All such persons are referred to as “Contractor’s Personnelâ€? and are subject to this Code of Conduct. This Code of Conduct identifies the behavior that we require from all Contractor’s Personnel . 140 Contractors will ensure that their workers meet the requirements of Law 205/2020 on sexual harassment t Page 146 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures Our workplace is an environment where unsafe, offensive, abusive or violent behavior will not be tolerated and where all persons should feel comfortable raising issues or concerns without fear of retaliation. Required Conduct Contractor’s Personnel shall: 1. carry out his/her duties competently and diligently; 2. comply with this Code of Conduct and all applicable laws, regulations and other requirements, including requirements to protect the health, safety and well-being of other Contractor’s Personnel and any other person; 3. maintain a safe working environment including by: 4. ensuring that workplaces, machinery, equipment and processes under each person’s control are safe and without risk to health; 5. wearing required personal protective equipment; 6. using appropriate measures relating to chemical, physical and biological substances and agents; and 7. following applicable emergency operating procedures. 8. report work situations that he/she believes are not safe or healthy and remove himself/herself from a work situation which he/she reasonably believes presents an imminent and serious danger to his/her life or health; 9. treat other people with respect, and not discriminate against specific groups such as women, people with disabilities, migrant workers or children; 10. not engage in any form of sexual harassment including unwelcome sexual advances, requests for sexual favors, and other unwanted verbal or physical conduct of a sexual nature with other Contractor’s or Employer’s Personnel; 11. not engage in Sexual Exploitation, which means any actual or attempted abuse of position of vulnerability, differential power or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another. In Bank financed projects, sexual exploitation occurs when access to or benefit from Bank financed Goods, Works, Consulting or Non-consulting services is used to extract sexual gain; 12. not engage in Sexual Assault, which means sexual activity with another person who does not consent. It is a violation of bodily integrity and sexual autonomy and is broader than narrower conceptions of “rapeâ€?, especially because (a) it may be committed by other means than force or violence, and (b) it does not necessarily entail penetration. 13. not engage in any form of sexual activity with individuals under the age of 18, except in case of pre-existing marriage; 14. complete relevant training courses that will be provided related to the environmental and social aspects of the Contract, including on health and safety matters, and Sexual Exploitation and Assault (SEA); 15. report violations of this Code of Conduct; and 16. Not retaliate against any person who reports violations of this Code of Conduct, whether to us or the Employer, or who makes use of the Grievance mechanism for Contractor’s Personnel or the project’s Grievance Mechanism. Raising Concerns If any person observes behavior that he/she believes may represent a violation of this Code of Conduct, or that otherwise concerns him/her, he/she should raise the issue promptly. This can be done in either of the following ways: 1. Contacting the Individual designated by the Contractor [enter name of Contact) 2. In writing at this address [ ] 3. By telephone at [ ] 4. In person at [ ] 5. Calling [ ] to reach the Contractor’s hotline and leave a message (if available) Page 147 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures The person’s identity will be kept confidential, unless reporting of allegations is mandated by the country law. Anonymous complaints or allegations may also be submitted and will be given all due and appropriate consideration. We take seriously all reports of possible misconduct and will investigate and take appropriate action. We will provide warm referrals to service providers that may help support the person who experienced the alleged incident, as appropriate. There will be no retaliation against any person who raises a concern in good faith about any behavior prohibited by this Code of Conduct. Such retaliation would be a violation of this Code of Conduct. Consequences of Violating the Code of Conduct Any violation of this Code of Conduct by Contractor’s Personnel may result in serious consequences, up to and including termination and possible referral to legal authorities. For Contractor’s Personnel I have received a copy of this Code of Conduct written in a language that I comprehend. I understand that if I have any questions about this Code of Conduct, I can contact [enter name of Contractor’s contact person with relevant experience in handling gender-based violence] requesting an explanation. Name of Contractor’s Personnel: [insert name] Signature: ______________________________________________ Date: (day month year): ______________________________________________ Countersignature of authorized representative of the Contractor: Signature: ______________________________________________ Date: (day month year): ______________________________________________ A copy of the code shall be displayed in a location easily accessible to the community and project affected people. It shall be provided in languages comprehensible to the local community, Contractor’s personnel (including sub-contractors and day workers), and affected persons.] Contractor Environmental and Social Reporting The Contractor shall report major work-related incidents, accidents or loss of life to UN-Habitat within 24 hours of their occurrence. The Contractor shall monitor, keep records and report on the following environmental and social issues: • Safety: hours worked, lost time injury (LTI), lost workdays, recordable incidents and corresponding Root Cause Analysis (lost time incidents, medical treatment cases), first aid cases, high potential near misses, and remedial and preventive activities required (for example, revised job safety analysis, new or different equipment, skills training, and so forth). • Environmental incidents and near misses: environmental incidents and high potential near misses and how they have been addressed, what is outstanding, and lessons learned. • Major works: those undertaken and completed, progress against project schedule, and key work fronts (work areas). • ESHS requirements: noncompliance incidents with permits and national law (legal noncompliance), project commitments, or other ESHS requirements. • ESHS inspections and audits: by the Contractor, UN-Habitat, or others—to include date, inspector or auditor name, sites visited and records reviewed, major findings, and actions taken. • Workers: list of workers at each site, confirmation of ESHS training, indication of origin (expatriate, local, nonlocal nationals), gender, age with evidence that no child labor is involved, and skill level (unskilled, skilled, supervisory, professional, management). • Training on ESHS issues: including dates, number of trainees, and topics. Page 148 Beirut Housing Rehabilitation and Cultural Heritage and Creative Industries Recovery Environmental and Social Management Framework and Labor Management Procedures • Footprint management: details of any work outside boundaries or major off-site impacts caused by ongoing construction—to include date, location, impacts, and actions taken. • External stakeholder engagement: highlights, including formal and informal meetings, and information disclosure and dissemination—to include a breakdown of women and men consulted and themes coming from various stakeholder groups, including vulnerable groups (e.g., disabled, elderly, children, etc.). • Details of any security risks: details of risks the Contractor may be exposed to while performing its work—the threats may come from third parties external to the project. • Worker grievances: details including occurrence date, grievance, and date submitted; actions taken and dates; resolution (if any) and date; and follow-up yet to be taken—grievances listed should include those received since the preceding report and those that were unresolved at the time of that report. • External stakeholder grievances: grievance and date submitted, action(s) taken and date(s), resolution (if any) and date, and follow-up yet to be taken—grievances listed should include those received since the preceding report and those that were unresolved at the time of that report. Grievance data should be gender-disaggregated. • Major changes to Contractors environmental and social practices • Deficiency and performance management: actions taken in response to previous notices of deficiency or observations regarding ESHS performance and/or plans for actions to be taken should continue to be reported to UN-Habitat until it determines the issue is resolved satisfactorily Page 149