People's Republic of Bangladesh Bangladesh Land Port Authority (BLPA), Roads and Highway Department (RHD), National Board of Revenue (NBR) WTO Cell, Ministry of Commerce ACCELERATING TRANSPORT AND TRADE CONNECTIVITY IN EASTERN SOUTH ASIA PROGRAM BANGLADESH PHASE 1- PART OF A MULTIPHASE PROGRAMMATIC APPROACH (P176549) Draft ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) March 2022 ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) 2 ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 1. The People’s Republic of Bangladesh (the Borrower) will implement the Accelerating Transport and Trade Connectivity in Eastern South Asia (ACCESS program) - Bangladesh Phase 1 Project (the Project), with the involvement of the Bangladesh Land Port Authority (BLPA) under the Ministry of Shipping, Roads and Highways Department (RHD) under Ministry of Road Transports and Bridges, National Board of Revenue (NBR) under Ministry of Finance, and Ministry of Commerce – WTO Cell (MoC), as set out in the Financing Agreement. The International Development Association (World Bank) has agreed to provide financing (P176549) for the Project, as set out in the referred agreement. This ESCP shall apply to the Project referred to above. 2. The Borrower shall ensure that the Project is carried out in accordance with the Environmental and Social Standards (ESSs) and this Environmental and Social Commitment Plan (ESCP) in a manner acceptable to the World Bank. The ESCP is a part of the Financing Agreement. Unless otherwise defined in this ESCP, capitalized terms used in this ESCP have the meanings ascribed to them in the referred agreement. 3. Without limitation to the foregoing, this ESCP sets out material measures and actions that the Borrower shall carry out or cause to be carried out, including, as applicable, the timeframes of the actions and measures, institutional, staffing, training, monitoring, and reporting arrangements, and grievance management. The ESCP also sets out the environmental and social (E&S) instruments that shall be adopted and implemented under the Project, all of which shall be subject to prior consultation and disclosure, consistent with the ESS, in form and substance, and in a manner acceptable to the World Bank. Once adopted, said E&S instruments may be revised from time to time with prior written agreement by the World Bank. 4. As agreed by the World Bank and the Borrower, this ESCP will be revised from time to time, if necessary, during Project implementation to reflect adaptive management of Project changes and unforeseen circumstances or in response to Project performance. In such circumstances, the Borrower and the World Bank agree to update the ESCP to reflect these changes through an exchange of letters signed between the World Bank and the Borrower. The Borrower shall promptly disclose the updated ESCP. ACCELERATING TRANSPORT AND TRADE CONNECTIVITY IN EASTERN SOUTH ASIA PROGRAM - BANGLADESH PHASE 1 [AS PART OF A MULTIPHASE PROGRAMMATIC APPROACH (MPA)] ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY MONITORING AND REPORTING A REGULAR REPORTING Quarterly reports throughout the PIUs (BLPA, MOC, NBR, RHD) Each PIU will prepare and submit to the World Bank regular monitoring reports on the Project implementation. environmental, social, health, and safety (ESHS) performance on the respective activities of the Project, including but not limited to the implementation of the ESCP, status of preparation and implementation of E&S instruments required under the ESCP, stakeholder engagement activities, and functioning of the grievance mechanisms. IAs would recruit the firm immediately PIUs (BLPA and RHD) after the mobilization of the RAP Procurement of Third party/ Independent monitoring firm or NGO will be completed for Implementation NGO/Firm (INGO). the monitoring of RAP implementation B INCIDENTS AND ACCIDENTS Each PIU will promptly notify the World Bank of any incident or accident related to the Notify the World Bank no later than 48 PIUs (BLPA, MOC, NBR, RHD) Project which has, or is likely to have, a significant adverse effect on the environment, the hours after learning about the incident affected communities, the public, or workers, including, inter alia, cases of sexual or accident. exploitation and abuse (SEA), sexual harassment (SH), and accidents that result in death, serious or multiple injury, concerns of COVID-19 infections, serious mismanagement in handling waste, security breach, etc. Provide sufficient detail regarding the scope, severity, and possible causes of the incident or accident, indicating immediate measures taken or that are planned to be taken to address it and any information provided by any contractor and/or supervising firm, as appropriate. Provide a subsequent report to the Subsequently, at the World Bank’s request, prepare a report on the incident or accident World Bank not later than 30 days when and propose any measures to address it and prevent its recurrence. the Bank was notified of the incident. C CONTRACTORS' MONTHLY REPORTS Require contractors and supervising firms to provide monthly monitoring reports on ESHS Monthly. The first report will be Contractors employed performance in accordance with the metrics specified in the respective bidding submitted 30 calendar days after the by the PIUs documents and contracts and submit such reports to the World Bank. Contractor's mobilization at the site. (RHD, BLPA, NBR, and MOC) D NOTIFICATIONS RELATING TO DAAB COMPLIANCE REVIEW OF CONTRACTOR COMPLIANCE WITH SEA/SH PREVENTION AND RESPONSE OBLIGATIONS 3|Page ACCELERATING TRANSPORT AND TRADE CONNECTIVITY IN EASTERN SOUTH ASIA PROGRAM - BANGLADESH PHASE 1 [AS PART OF A MULTIPHASE PROGRAMMATIC APPROACH (MPA)] ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY The World Bank will be notified of any referral submitted to the Dispute Avoidance and No later than 07 calendar days after the Adjudication Board (DAAB) to initiate a process of compliance review in relation to a issuance or receipt, as applicable, of the PIUs (BLPA, MOC, NBR, RHD) contractor’s obligations to prevent and respond to sexual exploitation , and abuse (SEA), relevant document (i.e., referral to the and/or sexual harassment (SH) specified in the respective works contract with such DAAB, issuance of DAAB decision, Notice contractor; and, in the event of any such referral, notify the World Bank of (i) the DAAB’s of Dissatisfaction, a notice of decision on such referral; (ii) the contractor’s Notice of Dissatisfaction, if any, with such commencement of emergency / full DAAB decision; (iii) any notification received on the commencement of an emergency arbitration, emergency/full arbitration arbitration proceeding or full arbitration proceeding in relation to the DAAB’s decision; order, as applicable). and (iv) the resulting emergency arbitration order and/or full arbitration order, if any. ESS 1: ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS 1.1 ORGANIZATIONAL STRUCTURE 1. The Borrower, in collaboration with the IAs (BLPA, RHD, NBR, and MOC), will establish (1) IPSC: within 3 months of project (1) PIUs (BLPA, MOC, NBR, an inter-ministerial project steering committee (IPSC) for overall coordination, technical effectiveness and RHD) backstopping, and liaison, including for ESF implementation among the PIUs, respective ministries, and other relevant government ministries/agencies. (2) The ESCs to be set up within 3 (2) PIUs (BLPA, MOC, NBR, 2. An Environmental and Social Cell (ESC) as proposed in the ESMF with qualified staff and months of project effectiveness. and RHD) resources to support management of E&S risks and impacts associated with the Project Activities. (3) The E&S staff as included in the ESMF (3) PIUs (BLPA, MOC, NBR, to be recruited within 3 months of and RHD) 3. PIUs will also engage E&S Consultants or through project management consultants project effectiveness and to remain with (PMC), as relevant, as per the ESMF. the Project throughout the project implementation: MOC: 2 specialists: (Gender and Social Development Specialist), Environmental Specialist); NBR: 2 specialists (Environmental/ OHS Expert, Social Development, Gender, and SEA/SH Expert); BLPA: 5 specialists (OHS & Labor Management Expert, Land Acquisition & Resettlement Expert, Environmental Expert, Gender and SEA/SH Expert, Social Development & Stakeholder Engagement Expert); RHD: 4|Page ACCELERATING TRANSPORT AND TRADE CONNECTIVITY IN EASTERN SOUTH ASIA PROGRAM - BANGLADESH PHASE 1 [AS PART OF A MULTIPHASE PROGRAMMATIC APPROACH (MPA)] ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY 5 specialists (OHS & Labor Management Expert, Land Acquisition & Resettlement Expert, Environmental Expert, Gender and SEA/SH Expert, Social Development & Stakeholder Engagement Expert) and 4 deputed engineers. 4. The ESC will be staffed with Executive Engineer level core staff looking at the E&S (4) RHD and BLPA in their management and liaise/coordinate with other PIUs. Individual consultants, including Land (4) To be designated and deputed within respective PIUs. NBR Acquisition and Resettlement Consultants (LAR Consultant) will also be engaged with ESC 3 months of project effectiveness through the PMC. as proposed in the ESMF, RPF, and SEP. 1.2 ENVIRONMENTAL AND SOCIAL INSTRUMENTS (1) Adopted prior to appraisal and (1) RHD and BLPA 1. adopt and implement Environmental and Social Impact Assessment (ESIA) documents, implement throughout Project consistent with the relevant ESSs: (a) RHD for Sylhet-Charkhai-Sheola-Sutarkandi Road and implementation. (b) BLPA for Burimari Land Port (2) Adopt prior to appraisal and 2.PIUs (BLPA, MOC, and 2. Adopt and implement the E&S Management Framework (ESMF), consistent with the implement the ESMF throughout Project NBR) relevant ESSs. implementation. 3. Adopt, and implement site specific ESIA reports, E&S Management Plan (ESMP), and/or (3) Carry out subproject specific (3.a) BLPA for Bhomra and any other E&S plans required in accordance with the ESMF, for the proposed sub-projects: ESIA/ESMP following the ESMF and Benapole land ports. (3.b) (a) BLPA for Bhomra and Burimari land ports; (b) NBR for customs house and VAT Training obtain the World Bank's approval prior NBR for the customs house academy in Chattogram. to the respective bid process. Once and VAT Training academy in adopted, implement the respective Chattogram. ESMP throughout sub-project implementation. 1.3 MANAGEMENT OF CONTRACTORS As part of the preparation of PIUs (BLPA, MOC, NBR, RHD) Incorporate the relevant aspects of the ESCP, including, inter alia, the relevant E&S procurement documents and respective instruments, the Labor Management Procedures, and Code of Conduct, C-ESMP and other contracts. sub-management plans (identified in ESIAs) into the ESHS specifications of the procurement documents and contracts with contractors and supervising firms. Thereafter Supervise contractors throughout ensure that the contractors and supervising firms comply and cause subcontractors to Project implementation. comply with the ESHS specifications of their respective contracts. 1.4 TECHNICAL ASSISTANCE 5|Page ACCELERATING TRANSPORT AND TRADE CONNECTIVITY IN EASTERN SOUTH ASIA PROGRAM - BANGLADESH PHASE 1 [AS PART OF A MULTIPHASE PROGRAMMATIC APPROACH (MPA)] ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY Ensure that the consultancies, studies (including feasibility studies, as applicable), capacity PIUs (BLPA, MOC, NBR, RHD) building, training, and any other technical assistance activities under the Project are Throughout Project implementation. carried out in accordance with terms of reference acceptable to the World Bank that are consistent with the ESSs. Thereafter ensure that the outputs of such activities comply with the terms of reference. 1.5 CONTINGENT EMERGENCY RESPONSE FINANCING a) The adoption of the CERC manual in form and substance acceptable to the a) Ensure that the CERC Manual includes a description of the ESHS assessment and World Bank and respective IAs is a PIUs (BLPA, MOC, NBR, RHD) management arrangements, including ESMF Addendum for the implementation of CERC withdrawal condition under section 1B in accordance with the ESSs. of Schedule 2 of the Financing Agreement for the Project. b) Adopt any environmental and social (E&S) instruments which may be required for activities under CERC of the Project, in accordance with the CERC Manual and CERC-ESMF b) Adopt any required E&S instrument Addendum and the ESSs, and thereafter implement the measures and actions required and include it as part of the respective under said E&S instruments, within the timeframes specified in said E&S instruments. bidding process, if applicable, and in any case, before carrying out the relevant Project activities for which the E&S instrument is required. Implement the E&S instruments in accordance with their terms throughout Project implementation. ESS 2: LABOR AND WORKING CONDITIONS 2.1 LABOR MANAGEMENT PROCEDURES Prior to appraisal PIUs (BLPA, MOC, NBR, RHD) Adopt and implement consolidated Labor Management Procedures (LMP) for the Project, including, inter alia, provisions on working conditions, management of workers' relationships, occupational health and safety (including personal protective equipment [PPE], and emergency preparedness and response), Code of Conduct (including relating to GBV/SEA/SH), forced labor, child labor, grievance redress arrangements for Project workers, and applicable requirements for contractors, subcontractors, and supervising firms. 2.2 GRIEVANCE MECHANISM FOR PROJECT WORKERS All 4 (four) IAs to set up labor-specific PIUs (BLPA, MOC, NBR, RHD) GRMs (per outline in the LMP) within the 6|Page ACCELERATING TRANSPORT AND TRADE CONNECTIVITY IN EASTERN SOUTH ASIA PROGRAM - BANGLADESH PHASE 1 [AS PART OF A MULTIPHASE PROGRAMMATIC APPROACH (MPA)] ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY Establish and operate a grievance redress mechanism (GRM) for Project workers, as first (1st) quarter and, after that, described in the LMPs and consistent with ESS2. The GRM should also be designed to maintain and operate respective GRMs address labor-related GBV/SEA/SH issues including provision of a referral system. throughout Project implementation. ESS 3: RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT 3.1 WASTE MANAGEMENT PLAN Adopt and implement a Waste Management Plan (WMP), to manage hazardous and non- Adopted within the first (1st) quarter hazardous wastes and e-Waste consistent with ESS3. The specific WMP will be integrated from the Effective Date of the Project PIUs (BLPA, MOC, NBR, RHD) in the site specific ESMP with other sub-management plans. and maintained throughout Project implementation. 3.2 RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT Adopted within the first (1st) quarter Incorporate resource efficiency and pollution prevention and management measures in from the Effective Date of the Project PIUs (BLPA, MOC, NBR, RHD) the site specific ESMP to be prepared under the project. and maintained throughout Project implementation. ESS 4: COMMUNITY HEALTH AND SAFETY 4.1 TRAFFIC AND ROAD SAFETY Prepare plans as part of ESIAs and PIUs (BLPA, NBR, RHD) Consultants (i.e., Environmental Specialists in the PIUs) to prepare traffic and road safety ESMPs. Monitor implementation management plans as part of ESMP. Incorporate measures to manage traffic and road throughout the Project timeline. safety risks as required in the ESMP in bidding documents. Before the implementation of the specific sub-project, the Contractor to make these plans site specific. These are then reviewed by PIU consultants and their effectiveness monitored during physical construction works. 4.2 COMMUNITY HEALTH AND SAFETY Done as part of ESIA/ESMP and PIUs (BLPA, NBR, RHD) Assess and manage specific risks and impacts to the community arising from Project implemented throughout the Project activities, e.g., behavior of Project workers, risks of labor influx, response to emergency timeline. situations, and include mitigation measures in the ESMPs to be prepared in accordance with the ESMF. 4.3 SEA AND SH RISKS Prior to project effectiveness and after PIUs (BLPA, MOC, NBR, RHD) that, implement it throughout the Adopt and implement a SEA/SH Action Plan to assess and manage the risks of SEA/SH. Project timeline. 4.4 SECURITY MANAGEMENT Implement it throughout the Project PIUs (BLPA, NBR, RHD) Assess and implement measures to manage the security risks of the Project, including the timeline within 6 (six) months of the risks of engaging security personnel to safeguard project workers, sites, assets, and Project's effectiveness. activities, as set out in the ESMP and guided by the principles of proportionality and GIIP, 7|Page ACCELERATING TRANSPORT AND TRADE CONNECTIVITY IN EASTERN SOUTH ASIA PROGRAM - BANGLADESH PHASE 1 [AS PART OF A MULTIPHASE PROGRAMMATIC APPROACH (MPA)] ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY and by applicable law, in relation to hiring, rules of conduct, training, equipping, and monitoring of such personnel. ESS 5: LAND ACQUISITION, RESTRICTIONS ON LAND USE AND INVOLUNTARY RESETTLEMENT 5.1 RESETTLEMENT POLICY FRAMEWORK Prior to appraisal and implemented PIUs (BLPA, RHD, NBR) Adopt and implement a Resettlement Policy Framework (RPF) for the Project, consistent throughout Project implementation with ESS5. 5.2 RESETTLEMENT PLANS To be prepared prior to the issue of bids Adopt and implement site-specific resettlement action plans (RAPs) as set out in the RPF for the corresponding civil works PIUs (BLPA, RHD) and consistent with ESS5. contracts Set up Monitoring Committees as detailed in the RPF: (a) PIU level and (b) Field-level to guide and support RAP implementation, especially for the disbursement of fund provided Prior to the start of the land acquisition in the RAP, payment of compensation to the PAPs, and liaise with various stakeholders process including different governmental organizations and other relevant agencies. 5.3 GRIEVANCE MECHANISM Immediately after the preparation of the PIU (BLPA and RHD) Adopt and implement respective GMs/ GRMs as referred in the RPF RAP, consistent with site-specific RAPs and prior to the start ESS5 and ESS 10. of land acquisition. ESS 6: BIODIVERSITY CONSERVATION AND SUSTAINABLE MANAGEMENT OF LIVING NATURAL RESOURCES 6.1 BIODIVERSITY RISKS AND IMPACTS Adopted within the first (1st) quarter PIU (BLPA, RHD, NBR) Adopt and implement a Biodiversity Management Plan (BMP) as/ if identified in the ESMF from the Effective Date of the Project and incorporate in the site specific ESMP as will be prepared. and maintained throughout Project implementation. ESS 8: CULTURAL HERITAGE 8.1 CULTURAL HERITAGE RISKS AND IMPACTS Adopted within the first (1st) quarter PIUs (BLPA, RHD, NBR) from the Effective Date of the Project 8|Page ACCELERATING TRANSPORT AND TRADE CONNECTIVITY IN EASTERN SOUTH ASIA PROGRAM - BANGLADESH PHASE 1 [AS PART OF A MULTIPHASE PROGRAMMATIC APPROACH (MPA)] ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY Adopt and implement a Cultural Heritage Management Plan (CHMP) as/ if identified in the and maintained throughout Project site-specific ESIA/ESMP prepared for the Project and consistent with ESS8. implementation. 8.2 CHANCE FINDS Describe and implement the chance finds procedures as part of the ESMF, ESIA, ESMP of Throughout Project implementation but PIUs (BLPA, RHD, NBR) the Project. specifically during the preparation of the ESIA/ESMP. ESS 10: STAKEHOLDER ENGAGEMENT AND INFORMATION DISCLOSURE 10.1 STAKEHOLDER ENGAGEMENT PLAN PREPARATION AND IMPLEMENTATION Adopt and implement a Stakeholder Engagement Plan (SEP) for the Project, consistent Prior to appraisal PIUs (BLPA, RHD, MOC, NBR) with ESS10, which shall include measures to, inter alia, provide stakeholders with timely, relevant, understandable, and accessible information and consult with them in a culturally appropriate manner, which is free of manipulation, interference, coercion, discrimination, and intimidation. 10.2 PROJECT GRIEVANCE MECHANISM Establish, publicize, maintain, and operate an accessible grievance mechanism, to receive All 4 (four) IAs to set up project-specific PIUs (BLPA, RHD, MOC, NBR) and facilitate resolution of concerns and grievances in relation to the Project, promptly GRMs (per outline in the SEP) within 30 and effectively, in a transparent manner that is culturally appropriate and readily (thirty) calendar days of project accessible to all Project-affected parties, at no cost and without retribution, including approval. In the interim, make the concerns and grievances filed anonymously, in a manner consistent with ESS10. existing institutional GRMs of the IAs accessible to the stakeholders. The grievance mechanism shall be equipped to receive, register, and facilitate the resolution of SEA/SH complaints, including through the referral of survivors to relevant gender-based violence service providers, all in a safe, confidential, and survivor-centered manner. CAPACITY SUPPORT CS1 Based on E&S Capacity Assessment, following types of training will be provided to the relevant target groups, such as PIU staff, key stakeholders, direct workers, and consultants: During project implementation *PIUs (RHD, MOC, BLPA, • Introduction to World Bank ESF NBR) • Labor and working conditions, OHS, and Labor management audit *PIU Environmental and • Stakeholder Engagement Social Development 9|Page ACCELERATING TRANSPORT AND TRADE CONNECTIVITY IN EASTERN SOUTH ASIA PROGRAM - BANGLADESH PHASE 1 [AS PART OF A MULTIPHASE PROGRAMMATIC APPROACH (MPA)] ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY • Grievance Management Specialists • Environmental and social assessment and social inclusion *World Bank • Preparation of ESIA and ESMP • Preparation and review of RPF and RAP • ESF/ESS compliance monitoring and audit • RAP compliance monitoring and audit • Gender and development • Community Health and Safety • SEA/SH Risk Management • Chance finds procedure (and if necessary, Cultural heritage impacts management) CS2 Training for contractors, sub-contractors, contracted workers, community, project affected persons, etc. During project implementation *PIUs (RHD, MOC, BLPA, • Occupational and community health and safety NBR) • SEA/SH and Code of conduct *PIU Environmental and • Grievance management, including labor and SEA/SH GRM Social Development • Compensation payment and land ownership/entitlements Specialists • Gender and development *Contractor • Community Health and Safety • SEA/SH Risk Management 10 | P a g e ACCELERATING TRANSPORT AND TRADE CONNECTIVITY IN EASTERN SOUTH ASIA PROGRAM - BANGLADESH PHASE 1 [AS PART OF A MULTIPHASE PROGRAMMATIC APPROACH (MPA)]