Lao People's Democratic Republic Peace Independence Democracy Unity Prosperity Ministry of Public Works and Transport The Southeast Asia Regional Economic Corridor and Connectivity (SEARECC) Project (P176088) Environmental and Social Commitment Plan (ESCP) Prepared by: Environmental Research and Disaster Prevention Division (EDPD) Public Works and Transport Institute (PTI) 03 March 2022_Revised Final ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) 1. Lao PDR (herein after the Recipient) is implementing the Southeast Asia Regional Economic Corridor and Connectivity (SEARECC) (“the Project�), with the involvement of the following Ministries: (a) The Ministry of Public Works and Transport (MPWT) through the Department of Planning and Finance (DPF) which will be responsible for all civil works under the Project; (b) MAF, which will be responsible for institutional and operational capacity development in agricultural trade facilitation; (c) Customs Department under the Ministry of Finance (MOF) and the Department of Import and Export under the MOIC, which will be responsible for implementing Customs and trade facilitation activities through the National Trade Facilitation Committee (NTFC) and Provincial Trade Facilitation Committee (PTFC); (d) Ministry of Public Security (MoPS), which will be responsible for overall border facility management and security, immigration and border crossings, and relevant provincial authorities involved in roads improvement and maintenance, dry-ports development, cross- border facility management, management of private sector investment, and ensuring consistency between national regulations and local practices of border facility operation. The International Development Association (the Association), has agreed to provide financing for the Project. 2. The Recipient will implement material measures and actions so that the Project is implemented in accordance with the Environmental and Social Standards (ESSs). This Environmental and Social Commitment Plan (ESCP) sets out material measures and actions, any specific documents or plans, as well as the timing for each of these. WORKING DRA FT 3. The Recipient will also comply with the provisions of any other E&S documents required under the ESF and referred to in this ESCP, such as Environmental and Social Management Framework (ESMF), Resettlement Policy Framework (RPF), Ethnic Groups Engagement Framework (EGEF), Stakeholder Engagement Plans (SEP), and related plans that are prepared (ESMPs, RAPs, EGEPs) and the timelines specified in those E&S documents. 4. The Recipient is responsible for compliance with all requirements of the ESCP even when implementation of specific measures and actions is conducted by the Ministry, agency or unit referenced in para 1 above. 5. Implementation of the material measures and actions set out in this ESCP will be monitored and reported to the Association by the Recipient as required by the ESCP and the conditions of the legal agreement, and the Association will monitor and assess progress and completion of the material measures and actions throughout implementation of the Project. 6. As agreed by the Association and the Recipient, this ESCP may be revised from time to time during Project implementation, to reflect adaptive management of Project changes and unforeseen circumstances or in response to assessment of Project performance conducted under the ESCP itself. In such circumstances, the Recipient will agree to the changes with the Association and will update the ESCP to reflect such changes. Agreement on changes to the ESCP will be documented through the exchange of letters signed between the Association and the Recipient, through MPWT. The Recipient will promptly disclose the updated ESCP. 1 7. Where Project changes, unforeseen circumstances, or Project performance result in changes to the risks and impacts during Project implementation, the Recipient shall provide additional funds, if needed, to implement actions and measures to address such risks and impacts, which may include environmental, health, and safety impacts, labor influx and land acquisition. WORKING DRA FT 2 Summary of the Material Measures and Actions Timeframe Responsible to Mitigate the Project’s Potential Environmental and Social Risks and Impacts Entity/Authority MONITORING AND REPORTING A REGULAR REPORTING Quarterly, throughout project implementation. • As a part of its regular project reporting, prepare and submit to the Association regular monitoring reports on the environmental, social, health and safety (ESHS) performance MPWT of the Project, including but not limited to the implementation of the ESCP, status of Annual progress report, preparation and implementation of E&S documents required under the ESCP, throughout the project stakeholder engagement activities, functioning of the grievance mechanism (GRM). implementation. B INCIDENTS AND ACCIDENTS • Prepare and operationalize the Incident Reporting Mechanism Within three months after the project effectiveness • Promptly notify the Association of any incident or accident related to the Project which Component (prior to the start of has, or is likely to have, a significant adverse effect on the environment, the affected Management Units construction works) communities, the public or workers including road traffic related accidents on the project (CMUs) in each roads and other incidents occurred in the project construction sites or related to project Notify the Association within ministry (MAF, MOIC, financed civil works. 48 hours after learning of the MOPS, MPWT) will incident or accident; a report be responsible within • Provide sufficient detail regarding the incident or accident, indicating immediate will be provided within 3 their components and measures taken or that are planned to be taken to address it, and any information business days after the will report through the provided by any contractor and supervising entity, as appropriate. Subsequently, as per incident or accident. MPWT PMU. the Association’s request, prepare a report on the incident or accident and propose any measures to prevent its recurrence. C CONTRACTORS MONTHLY REPORTS Monthly (and upon request by the Association) • Submit monthly monitoring report summarizing the implementation of environmental and social (ES) mitigation measures, to the DPWT. 3 Summary of the Material Measures and Actions Timeframe Responsible to Mitigate the Project’s Potential Environmental and Social Risks and Impacts Entity/Authority • MPWT to submit such monthly reports to the Association upon request. Contractors (and by MPWT to the Association upon request) ESS 1: ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS 1.1 ORGANIZATIONAL STRUCTURE MPWT PMU, including the two focal points, will be • Establish and maintain two (2) focal persons to handle E&S concerns (one for each) atestablished within 30 days the PMU of MPWT; and 1 focal person to handle E&S concerns in each of the CMUs in of project effectiveness. MOIC, MAF, MOPS and MPI. Also assign one (1) focal person for E&S at the DWPTs Focal persons at DWPTs MPWT; MOIC; MAF; and CMUs, and two staff and MOPS, of the 5 provinces. The PMU, CMUs and DWPTs shall comprise qualified staff, to ensure hired by MPWT will be in proper management of the E&S risks. The MPWT at the national level will hire and place within 90 days after mobilize one (1) International Safeguard Consultant (Safeguard Team Leader), one (1) project effectiveness. National Social Safeguard Consultant and one (1) National Environmental Safeguard Consultant that would provide capacity building and trainings to these E&S focal The organizational structure persons. In addition, one accountant will be hired to assist EDPD/PTI for ESF budget will be maintained reporting. throughout the project implementation. 1.2 ENVIRONMENTAL AND SOCIAL ASSESSMENT • Update, adopt and implement, in a manner acceptable to the Association, the E&S Throughout project documents as follows: Environmental and Social Management Framework (ESMF) – implementation. MPWT which includes a Preliminary-Environment and Social Impact Assessment (Pre-ESIA) and Labor Management Procedures (LMP) – Ethnic Groups Engagement Framework (EGEF), Resettlement Policy Framework (RPF), the Stakeholder Engagement Plan (SEP) and any other future plans. 4 Summary of the Material Measures and Actions Timeframe Responsible to Mitigate the Project’s Potential Environmental and Social Risks and Impacts Entity/Authority • The MPWT will conduct the Feasibility Study (FS) and Environmental and Social Impact The FS/ESIA to start in Assessment (ESIA) (which will include identification of direct, indirect, cumulative and early 2022. All plans to be transboundary impacts) and prepare and implement its associated Environmental and prepared, consulted and Social Management Plans (ESMP) and any other documents required (RAPs, EGEPs, disclosed prior to the start LMP, SEP and any other action plans) for the works and activities supported by the of site-specific project SEARECC project, following the screening procedures, assessment protocols and activities. measures described and agreed in the ESMF and the other instruments prepared for The CERC ESMF the project (EGEF, SEP, RPF). The ESIA/ESMP will develop site specific environmental addendum should be and social clauses to be included in the tender documents to ensure implementation by prepared and its procedures contractors. followed prior to activating the CERC. • A CERC-ESMF that is incorporated in the SEARECC ESMF will be finalized by MPWT During 6 months after following completion of the CERC Operation Manual. project effectiveness. 1.3 MANAGEMENT TOOLS AND INSTRUMENTS • Screen any proposed subprojects in accordance with the ESMF prepared for the MPWT and DWPT at Project, and thereafter, draft, adopt and implement the subproject ESMPs, RAPs, the Provincial level Throughout the project EGEPs and any other plans, as required, in a manner acceptable for the Association. implementation and prior to TORs will be • The TORs for project’s technical assistance activities (technical studies, institutional the start of relevant project submitted to the strengthening and update of legal framework) will be reviewed by the Association prior activities Association by each to procurement/start of activities for no objection, to ensure that ESF requirements are Component effectively integrated. Potential risks and impacts associated with any downstream Management Units activities will be considered through these TORs. and PMU Prior to the procurement/start of activities 5 Summary of the Material Measures and Actions Timeframe Responsible to Mitigate the Project’s Potential Environmental and Social Risks and Impacts Entity/Authority 1.4 MANAGEMENT OF CONTRACTORS ESHS specifications to be The MPWT PMU and • Incorporate the relevant aspects of the ESCP, including the relevant E&S documents included in bidding CMUs will be and/or plans, and the Labor Management Procedures, into the ESHS specifications of documents and contractor’s responsible for bid contracts the procurement documents with contractors. Thereafter ensure that the contractors and contract comply with the ESHS specifications of their respective contracts. preparation to ensure relevant E&S • The MPWT will require all contractors and subcontractors at their own costs to documents are Throughout Project implement the following procedures included in the bidding documents and contracts. included. implementation o Construction ESMPs (CESMPs): Requirements for the preparation and implementation of CESMPs following the ESIA/ESMP prepared by the government and the ToR/contracts to builders which are satisfactory to the Association. o Social commitments on child labor; GBV; SEA/SH and VAC o Work plan and Timeline o Labour Management and Health and Safety procedures as required in the LMP o Standard working procedures/methodologies DWPTs at the o Workers Code of Conduct (CoC) Provincial level and o Workers GRM Contractors o Training plan o Communication plan as agreed in the SEP that incorporate COVID19 communication measures o GBV and SEA/SH Action Plan o ESHS Action Plan o Contingency/Emergency Plan o Submission of monthly reports on the CESMPs implementation including accidents, grievances and any other issues affecting construction (lack of water, permits delay, etc). 6 Summary of the Material Measures and Actions Timeframe Responsible to Mitigate the Project’s Potential Environmental and Social Risks and Impacts Entity/Authority ESS 2: LABOR AND WORKING CONDITIONS 2.1 LABOR MANAGEMENT PROCEDURES • Update, adopt, and implement the Labor Management Procedures (LMP) that have been developed for the Project. Throughout the Project Implementation MPWT PMU, CMUs • A Code of Conduct (CoC) in line with the LMP will be included in all contracts for Contractors project workers. 2.2 GRIEVANCE MECHANISM FOR PROJECT WORKERS • Establish, maintain, and operate a grievance mechanism for Project workers, as Grievance mechanism MPWT PMU described in the LMP and consistent with ESS2. The government will manage operational prior to Contractors grievances from direct workers as described in the LMP and ensure that contractors engaging Project workers designate relevant staff to manage their workers’ GRM. and maintained throughout Project implementation 2.3 OCCUPATIONAL HEALTH AND SAFETY (OHS) MEASURES Before the start of civil works and throughout project • Prepare, adopt, and implement occupational, health and safety (OHS) measures implementation. specified in the ESMP, including Covid-19 prevention measures. MPWT PMU; MOIC; MOPS and MAF Contractors ESS 3: RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT 3.1 WASTE MANAGEMENT PLAN: Prepare, adopt, and implement an Waste Management Same timeframe than for Plan as part of works contracts, as envisaged by subproject ESMPs under actions 1.2 and the preparation and 1.3 above. 7 Summary of the Material Measures and Actions Timeframe Responsible to Mitigate the Project’s Potential Environmental and Social Risks and Impacts Entity/Authority implementation of the MPWT PMU, CMUs, ESMPs DPWT and Contractors 3.2 RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT: Same timeframe than for the preparation and • Resource efficiency and pollution prevention and management measures will be MPWT PMU implementation of the covered under the ESMP to be prepared under action 1.2 above. ESMPs Contractors ESS 4: COMMUNITY HEALTH AND SAFETY 4.1 TRAFFIC AND ROAD SAFETY: The requirement for traffic and road safety will be part • For management of traffic and road safety, the government will ensure that Contractors of the bidding documents. develop and implement a site-specific traffic management plan (as part of the C-ESMP), The plan will be reviewed Contractors alternates routes and time of travel, affected roads, etc. The plan must be shared with and approved by the MPWT the local traffic authorities and spread into the community in forms (printed, radio or before project activities other means) and time periods to agree with the contractors. The plan will be developed start. in a way to avoid peak rush hours, to ensure traffic control by placing adequate flagmen and signs (following international standards and diamond quality) along the route, only Contractors budget trained drivers employed, and vehicle safety is regularly inspected. implementation of ESIAs/ESMPs needs to be reflected in their financial and technical proposal 4.2 COMMUNITY HEALTH AND SAFETY: FS/ESIA work (including ESMPs) starting in early • The Project will ensure that contractors implement measures and actions to manage MPWT; DPWT, 2022. specific risks and impacts to the community arising from Project activities. The ESIA MOIC, MPOS and and / or ESMP will include measures to protect community health and safety consistent MAF 8 Summary of the Material Measures and Actions Timeframe Responsible to Mitigate the Project’s Potential Environmental and Social Risks and Impacts Entity/Authority with the requirements in the ESF and ESMF, including to prevent and avoid: traffic Prior to tendering respective Contractors accidents, disease transmission and, SEA/SH, VAC and GBV, Covid19 and other works, and throughout the zoonotic diseases outbreaks that can increase risk to communities and workers, among project implementation others risks which will be included these measures in the ESMPs to be prepared in Contractors budget accordance with the ESMF and in a manner acceptable to the Association. implementation of ESIAs/ESMPs needs to be reflected in their financial and technical proposal 4.3 GBV, SEA/SH and VAC RISKS: FS/ESIA work (including ESMPs) starting in early • Update, adopt, and implement a Gender-Based Violence Action Plan (GBV Action Plan) 2022. as required in the ESMPs based on the ESMF to assess and manage the risks of MPWT; MOIC; MAF; gender-based violence (GBV) and Sexual Exploitation and Abuse and Sexual Prior to tendering respective and MOPS Harassment (SEA/SH) and Violence Against Children (VAC). works, and throughout the project implementation. • Engage and involve in the implementation GBV, SEA/SH and VAC service providers ESS 5: LAND ACQUISITION, RESTRICTIONS ON LAND USE AND INVOLUNTARY RESETTLEMENT 5.1 RESETTLEMENT PLANS: FS/ESIA work (including detailing land acquisition • Prepare, consult, adopt, disclose and implement Resettlement Action Plans (RAPs) needs and preparation of consistent with the requirements of the RPF, ESS5, and national legislation and aligned with ESMF and ESIA findings and implement the respective RAPs before RAPs) starting in early MPWT; DPWT carrying out the associated activities, in a manner acceptable to the Association. 2022. 9 Summary of the Material Measures and Actions Timeframe Responsible to Mitigate the Project’s Potential Environmental and Social Risks and Impacts Entity/Authority • Full compensation will be paid to affected households/ persons before any civil works Prior to displacement and/or is implemented and/or displacement takes place. civil works. 5.2 GRIEVANCE MECHANISM: Prior to civil works and/or any land acquisition and • The Project, via the DWPTs in the provinces, will ensure that the RAPs include details throughout implementation on the Project Grievance Redressal Mechanism (GRM), which will also be available MPWT to receive any Project related resettlement or compensation complaint and feedback. The MPWT PMU will maintain operational GRMs throughout the lifetime of the Project as outlined in the RPF. The government will ensure the designation of relevant staff to manage the GRM as described in the RPF. ESS 6: BIODIVERSITY CONSERVATION AND SUSTAINABLE MANAGEMENT OF LIVING NATURAL RESOURCES 6.1 BIODIVERSITY RISKS AND IMPACTS: Submit for the Bank’s prior approval: three months • Prepare, adopt, and implement a stand-alone Biodiversity Management Plan, in after Project effectiveness, accordance with the guidelines of the ESIA prepared for the Project, and in a manner prior to construction of structure that may affect MPWT acceptable to the Bank. biodiversity. • The project will not finance road improvement that could provide access to critical Once approved the plan is habitats such as wildlife sanctuary and protected areas or may cause deforestation. implemented throughout Project implementation. ESS 7: INDIGENOUS PEOPLES/SUB-SAHARAN AFRICAN HISTORICALLY UNDERSERVED TRADITIONAL LOCAL COMMUNITIES [See examples of possible actions below, if determined that ESS7 is relevant]. 7.1 INDIGENOUS PEOPLES FRAMEWORK: MPWT 10 Summary of the Material Measures and Actions Timeframe Responsible to Mitigate the Project’s Potential Environmental and Social Risks and Impacts Entity/Authority • Prepare, adopt, and implement Ethnic Group Engagement Plan (EGEPs) consistent Based on the EGEF, if with the requirements of the Ethnic Group Engagement Framework (EGEF) that has EGEPs need to be been prepared for the Project and ESS7, in a manner acceptable to the Association. prepared, submit to the Association for approval • FS/ESIA will conduct screening of Ethnic Groups in the subprojects and prepare prior to the carrying out of EGEPs as needed. Subprojects prepared after the FS/ESIA stage should also follow screening and other measures as detailed in the EGEF. the relevant activity and implement throughout project implementation. 7.2 GRIEVANCE MECHANISM: Based on the IPPF and implement throughout the • Prepare, consult, adopt, and implement the arrangements for the grievance mechanism project implementation for Ethnic Groups, as required under the EGEF and further describe such arrangements MPWT; MOIC; MAF; in the respective EGEPs (if the grievance mechanism is distinctive from the one and MOPS established under ESS10). The government will ensure the designation of relevant staff to manage the GRM as described in the SEP/EGEF. • The established Grievance Redress Committee (GRC) for each Component will ensure women representation by allocating at least 1-2 women members for the committee positions. ESS 8: CULTURAL HERITAGE 8.1 CHANCE FINDS: Throughout Project MPWT implementation • Prepare, adopt, and implement the chance finds procedure described in the ESMP developed for the Project. ESS 10: STAKEHOLDER ENGAGEMENT AND INFORMATION DISCLOSURE 11 Summary of the Material Measures and Actions Timeframe Responsible to Mitigate the Project’s Potential Environmental and Social Risks and Impacts Entity/Authority 10.1 STAKEHOLDER ENGAGEMENT PLAN PREPARATION AND IMPLEMENTATION SEP prepared and disclosed prior to project appraisal. • Update, adopt, and implement Stakeholder Engagement Plan (SEP). MPWT Implement throughout Project implementation 10.2 PROJECT GRIEVANCE MECHANISM: Prior to commencement of the Project activities. • The Project will ensure that the arrangements for the Grievance Redress Mechanisms (GRMs) covering all sub- projects as described in the ESMF, SEP, RPF, EGEF and Maintained throughout MPWT; MOIC; MAF; LMP are implemented for all project components. Furthermore, the government will Project implementation and MOPS develop a communication plan for the grievance redress mechanism to ensure that potential PAPs and communities are aware of its existence and familiar with the process for submitting grievances to such grievance mechanism. The government will ensure the designation of relevant staff to manage the GRM as described in the SEP. 10.3 COMMUNICATION PLAN: Prior to commencement of MPWT the Project activities. • The Project will develop and disclose all E&S instruments and the project grievance/ feedback management process for project affected people that ensures transparency, prompt feedback and accessibility without costs implications as required by ESS10 and outlined in SEP, ESMF, LMP; EGEF and RPF. CAPACITY SUPPORT (TRAINING) CS1 Some key trainings, but not limited to, will be provided: • Implement the capacity building outlined in section 6.10 of the ESMF. Six months after MPWT and E&S effectiveness. Consultants 12 Summary of the Material Measures and Actions Timeframe Responsible to Mitigate the Project’s Potential Environmental and Social Risks and Impacts Entity/Authority • CMU staff at national and provincial level (and implementation support consultants) and EDPD/PTI of MPWT-to be provided by E&S consultants: Basic requirements of ESF At least one month before MPWT and E&S ESSs, including specific requirements of ESMPs, RPF, ESMF, EGEF, RAP, ESHS, starting the civil works. Consultants EGEP, LMP, OHS, VAC, SEP and GRM. • Contractors, sub-contractors and site supervisors/engineers of contractors/sub- contractors and implementation support consulting firm. Training to be provided by the E&S Coordinator of MPWT, on the requirements of ESF ESSs on the E&S risks at the At least one month before Contractors level of contractors, sub-contractors and supervision consultants, including ESHS, OHS, starting the civil works. RAP, EGEF, EGEP, LMP, SEA/SH, VAC, SEP and GRM • Communities: Road safety, SEA/SH, VAC, SEP and GRM, and basic ESMPs and ESMF of the project. At least one month before Supervision starting the civil works and • Contractors and their subcontractors, with oversight of the supervision consultants and throughout implementation consultants. DWPTs, to ensure all workers of contractors and their Sub-contractors sign Codes of of road works. DPWTs Conduct for the contractors’ workers and trained on requirements of Codes of Conduct including ESHS, OHS, GBV, SEA/SH, VAC, LMP, SEP and GRM. • Sectoral implementing agencies (MAF responsible for agricultural value chains, and biodiversity and forest conservation, customs department of MOF, Department of Import and Export of MOIC, and MOPS): mitigation measures and management plans for indirect/cumulative/transboundary impacts 13