ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) REPUBLIC OF NIGER Ministry of Planning BUSINESS CLIMATE, COMPETITIVENESS, AND COVID- 19 RESPONSE SUPPORT PROJECT - (P176074) ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) DRAF T Draft May 8, 2021 ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) - (P176074) ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 1. The Republic of Niger (hereinafter the “Recipient”) will implement the Business Climate, Competitiveness, and COVID-19 Response Support Project, (the “Project”) with the involvement of the Implementation Unit of the Growth and Competitiveness Support Project (Projet d’Appui à la Croissance et à la Compétitivité—PRACC) under the supervision of the Ministry of Planning. The International Development Association (hereinafter the “Association”), has agreed to provide financing for this project. 2. The Recipient will implement material measures and actions so that to ensure 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. 3. The Recipient will also comply with the provisions of all other environmental and social (E&S) documents required under the Environmental and Social Framework (ESF) and referred to in this ESCP, such as the Environmental and Social Management Framework (ESMF), the Stakeholder Engagement Plan (SEP), the Labor Management Procedures (LMP), Codes of Conduct and the action plan for the prevention of SEA/SH and violence against children (VAC), as well as the timelines specified in those E&S documents. 4. The Recipient is responsible for compliance with all ESCP requirements, even when implementation of specific measures and actions is conducted by the Ministry or unit referenced in paragraph 1 above. DRAF T 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 evaluate the progress and completion of the material measures and actions throughout implementation of the Project. 6. As agreed between the World Bank and the Recipient, this ESCP may be revised from time to time during implementation of the Project, to reflect adaptive change management or unforeseen circumstances or in response to assessment of the Project performance conducted under the ESCP itself. In such circumstances, the Recipient will agree to the changes with the World Bank and will update the ESCP to reflect such changes. Agreement on changes to the ESCP will be documented through the exchange of signed letters signed between the Association and the Recipient. The Recipient will promptly disclose the updated ESCP. 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 risks of work accidents, risks related to environmental issues, health, safety, labor influx and gender-based violence. 2 | Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) - (P176074) CONCRETE MEASURES AND ACTIONS TIMETABLE RESPONSIBLE ENTITY/AUTHORITY MONITORING AND REPORTING REGULAR REPORTS The Recipient will prepare and submit to the Association through the Project Implementation Unit (IU) regular monitoring reports on the Each quarter starting from the effective date of the A implementation of this ESCP, the degree of preparation and Project Implementation Unit (PIU) Project, implementation of the environmental and social documents required under the ESCP, the stakeholder engagement activities, and the operation of the grievance redress mechanism(s). INCIDENTS AND ACCIDENTS a. The Recipient will immediately notify the Association of any incident or accident directly or indirectly related to the implementation of the Project that has or may have serious consequences for the environment, communities affected by the Project, the public, or staff (including fatal a. Notify the Association within 48 hours after accidents or any allegation of GBV in connection with Project becoming aware of the incident or accident, implementation). or 24 hours in case of a fatality B Project Implementation Unit b. The Recipient will provide sufficient details of the incident or accident, b. A report must be provided within a timeframe indicating the immediate measures taken or to be taken without delay acceptable to the Association. DRAF T to address it and including all information provided by any suppliers or service providers. Subsequently, as per the Association’s request , prepare a report on the incident or accident and propose measures to prevent its recurrence. CONTRACTORS MONTHLY REPORTS The Recipient will require suppliers and service providers to prepare and Monthly, following the signing of the supplier or C submit monthly monitoring reports to the PIU, including on the service provider contract and throughout Project Project Implementation Unit implementation of environmental, social, health, and safety requirements implementation contained in procurement documentation. ESS1: ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS 3 | Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) - (P176074) CONCRETE MEASURES AND ACTIONS TIMETABLE RESPONSIBLE ENTITY/AUTHORITY ORGANIZATIONAL STRUCTURE The existing Competitiveness and Growth Support Project P127204 (PRACC) Implementation Unit will also serve as the Implementation Unit for the Business Climate, Competitiveness, and COVID-19 Response Support The PRACC environmental and social safeguard Project. specialist will be retained as environmental and Ministry of Planning The staff already engaged by the PRACC Implementation Unit, including social safeguard specialist throughout project 1.1 Project Implementation Unit/PIU implementation. Additional specialists, such as a environmental and social safeguard specialists, will act as staff for this Coordinator specialist on SEA/SH issues, may be engaged after project. The environmental and social safeguard specialists will ensure the the project’s effective date. implementation and monitoring of the measures contained in the safeguard instruments and ensure continuity between the effective date and the start of activities. ENVIRONMENTAL AND SOCIAL ASSESSMENT An Environmental and Social Management Framework (ESMF) has been The final version of the ESMF will be adopted and prepared. It will be consulted, published, and adopted by the Recipient and published prior to Project appraisal and the 1.2 Project Implementation Unit measures will be implemented throughout Project disseminated nationally and on the Association’s website. implementation DRAF T 4 | Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) - (P176074) MANAGEMENT TOOLS AND INSTRUMENTS a. The Recipient will also prepare the following documents: - Environmental and Social Management Framework (ESMF); - Labor Management Procedures (LMP); - Stakeholder Engagement Plan (SEP) with the project’s Grievance Mechanism (GM); - Specific Environmental and Social Impact Notices (ESIN) and a. The ESMF will be prepared, consulted, Environmental and Social Impact Assessments (ESIA) required for approved, and adopted by the Recipient and sub-projects in a manner acceptable to the Bank and in published nationally and on the World Bank accordance with the ESMF. website; it will be adopted by the Recipient - prior to Project evaluation. b. The Recipient will adapt the existing PRACC Project implementation The SEP will be prepared, consulted, manual (or procedures manual) with a section on “Environmental and approved, and adopted by the Recipient and Social Safeguards,” which will describe in detail: will be published on the national and World - The role of the procurement specialist in drafting terms of Bank websites prior to Project evaluation. reference, bidding documents, and contracts; - The role of environmental and social safeguard specialists in The LMP will be prepared, consulted, 1.3 DRAF T Project Implementation Unit/ drafting the sections on environmental and social safeguards to be adopted, and published prior to appraisal . included in bidding documents and works contracts; - Minimum environmental and social clauses (including codes of Throughout Project implementation. conduct, coordination, reports and monitoring, grievance redress mechanism) to be included in bidding documents and works b. Prior to carrying out the relevant Project contracts; activities and throughout Project - Environmental and social indicators to be included in the implementation. monitoring system; - Timetables. c. No later than 3 months after the effective date and throughout implementation of mitigation measures throughout the life of the Project 5 | Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) - (P176074) MANAGEMENT OF CONTRACTORS a. The Recipient will incorporate the relevant aspects of this ESCP, including the ESMF, LMP, SEP and any other Environmental and Social Impact Notices (ESIN) and Environmental and Social Impact Assessments (ESIA) into procurement documents and contracts with suppliers and service providers. b. The Recipient will ensure that all contracts require suppliers, service providers, and subcontractors to comply with the aforementioned management tools and instruments. c. The Recipient will ensure that all bidding documents and contracts for services other than consulting services under the Project require suppliers, service providers, and subcontractors to adopt a code of a. Prior to the preparation of the procurement conduct that will be signed by all workers. This code of conduct will documents and the preparation of bidding apply to contracts or services other than consulting services documents for the relevant Project activities commissioned or carried out in accordance with said contracts. It will and throughout Project implementation 1.4 Project Implementation Unit cover, violence against children, and sexual exploitation and abuse, as DRAF T b. Before engaging suppliers and service well as sexual harassment with clear sanctions for non-compliance and providers continued training to reinforce the messages in the codes of conduct. c. Before implementation phase of activities throughout Project implementation 6 | Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) - (P176074) MONITORING BY THIRD PARTIES: The Recipient will ensure that the National Environmental Assessment Office (BNEE) and its branches at regional, departmental, and communal levels, as well as the environmental and social focal points of other relevant ministries shall be mobilized to complete and verify the monitoring of the Project’s environmental and social risks and impacts. Depending on their mission and their areas of expertise, they will ensure compliance with the provisions set out in this ESCP and shall support the implementation of the agreed social and environmental risk mitigation measures and actions. Quarterly reports thus produced by the various bodies or individuals will be sent to the PIU for review and approval by the BNEE and sent to the Recipient for assessment and archiving in the Project files. Due to the sensitivity of these interventions and in the interests of clarity and proper implementation, the Recipient will share these reports with the Bank for its information. 1.6 From the start of project activities DRAF T Project Implementation Unit/ 7 | Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) - (P176074) CONCRETE MEASURES AND ACTIONS TIMETABLE RESPONSIBLE ENTITY/AUTHORITY ESS2: LABOR AND WORKING CONDITIONS LABOR MANAGEMENT PROCEDURES The Recipient will develop, consult, adopt, publish, and implement labor management procedures (LMP) in accordance with national legislation and the requirements of ESS2, including but not limited to the prohibition of SEA/SH, forced labor, and child labor. The LMP will be prepared, published, consulted, LMPs also include a specific grievance mechanism (GM) and measures to and adopted prior to the commencement of Project Implementation Unit mitigate the risk of sexual exploitation and abuse (SEA), and health and 2.1 project activities and then implemented in safety (H&S) as required in the SEA/SH response and elimination action accordance with its content throughout Project Suppliers and service providers plan. In addition to signing the codes of conduct, which define and sanction implementation any act of SEA/SH, all Project staff, including employees and their employers, will be invited to take part in occasional workshops/sessions to inform and raise awareness about SEA/SH/H&S throughout the life cycle of the Project. GRIEVANCE REDRESS MECHANISM FOR PROJECT WORKERS The Recipient will establish, maintain, and operate a specific grievance Project Implementation Unit DRAF T To be prepared upon Project implementation and 2.2 mechanism for Project workers as described in the LMP and in accordance used throughout Project implementation with ESS2. OCCUPATIONAL HEALTH AND SAFETY AT WORK (OHS) a. Before the start of . a. The Recipient will adopt and implement OHS measures specified in the Before publishing supplier/service provider Project ESMF, including but not limited to measures to prepare for and expressions of interest (integration of H&SW Project Implementation Unit 2.3 respond to health emergencies. measures). b. The Recipient shall ensure that Project suppliers and service providers Suppliers and service providers comply with these occupational health and safety (OHS) measures. . b. Throughout Project implementation 8 | Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) - (P176074) CONCRETE MEASURES AND ACTIONS TIMETABLE RESPONSIBLE ENTITY/AUTHORITY PROJECT WORKER TRAINING AND AWARENESS The Recipient, through the PIU, BNEE, and the Ministry of Labor, will work with suppliers and/or service providers to organize training for Project workers that will include a presentation of risks and impacts as well as the benefits of the Project. This training will be offered both to project staff (for better awareness and to better conduct their supervision missions) and to workers (for better awareness and prevention and to reduce the risk of accidents) linked to the project. Project Implementation Unit/PIU Particular attention will be paid to the following aspects: Coordinator – Environmental and Social • Environmental and social compliance; Safeguard Specialist – Monitoring and 2.4 Throughout Project implementation • Gender-based violence (GBV) and SEA/SH in particular; Evaluation Specialist • Child labor/forced labor; • Grievance redress mechanism (including a mechanism for submitting Suppliers and service providers complaints relating to SEA/SH/H&S, pollution and damage during the implementation of Project activities; hygiene, health and environment; compliance with codes of conduct, etc.); • Measures relating to COVID-19. The Recipient will provide the Bank with quarterly monitoring and DRAF T implementation reports on this action plan for awareness raising and capacity building on risk management measures for Project employees. ESS3: RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT The Recipient shall ensure that (i) resource efficiency and pollution Before the start of Project activities. prevention and management measures will be covered by the 3.1 Project Implementation Unit Environmental and Social Impact Notices (ESIN) and Environmental and Throughout the Project implementation period Social Impact Assessments (ESIA) to be prepared under section 1.3. The Recipient commits, under section 1.4, to ensure that suppliers, service providers, and subcontractors comply these instruments and tools. ESS4: COMMUNITY HEALTH AND SAFETY 9 | Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) - (P176074) CONCRETE MEASURES AND ACTIONS TIMETABLE RESPONSIBLE ENTITY/AUTHORITY COMMUNITY HEALTH AND SAFETY The Recipient will develop and implement throughout the Project measures Project Implementation Unit/PIU At the commencement of relevant Project and actions to assess and manage specific risks and impacts on the Coordinator – Environmental and Social 4.1 activities and throughout Project community and Project workers in accordance with appropriate H&SW Safeguard Specialist – Monitoring and implementation protocols and include such measures under the ESMF, in a manner Evaluation Specialist satisfactory to the World Bank. RISKS OF GENDER-BASED VIOLENCE AND SEXUAL EXPLOITATION AND ABUSE The Recipient will develop, adopt, and implement a gender-based violence action plan to assess and manage the risks of GBV/sexual exploitation and Project Implementation Unit/PIU abuse in a manner acceptable to the World Bank. Coordinator – Environmental and Social The Recipient will ensure that all bidding documents and contracts for Safeguard Specialist – Monitoring and 4.2 Throughout Project implementation services other than consulting services in connection with the Project require Evaluation Specialist suppliers and service providers, subcontractors, and consultants to adopt a Suppliers and service DRAF T code of conduct that will be signed by all workers. This code of conduct will providers/manager apply to contracts or services other than consulting services, commissioned or performed under said contracts, address gender-based violence, violence against children, and sexual exploitation and abuse, include an action plan for their effective enforcement, and provide training to this end. 10 | Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) - (P176074) CONCRETE MEASURES AND ACTIONS TIMETABLE RESPONSIBLE ENTITY/AUTHORITY SECURITY PERSONNEL Prior to the recruitment of security personnel. Project Implementation Unit Agreements (including clauses on compliance The Recipient will ensure, where necessary, that service providers who with the code of conduct) will be enforced require security services for their staff and property may, in accordance with throughout Project implementation the measures defined in the ESMF: • give preference to existing security services in the project area; • where necessary, use public security services (gendarmes or national 4.3 police) and ensure a formal agreement is signed, including clauses on compliance with the code of conduct; • provide training for security staff in a manner satisfactory to the Bank; Any allegation of unlawful or abusive acts by military or security personnel deployed to protect project staff and property will be examined rapidly and action will be taken (or the relevant parties will be urged to take action) to prevent such acts from recurring. ESS5: LAND ACQUISITION, RESTRICTIONS ON LAND USE, AND INVOLUNTARY RESETTLEMENT 5.1 This ESS is not relevant to the Project DRAF T ESS6: BIODIVERSITY CONSERVATION AND SUSTAINABLE MANAGEMENT OF LIVING NATURAL RESOURCES 6.1 This ESS is not relevant to the Project ESS7: INDIGENOUS PEOPLES/SUB-SAHARAN AFRICAN HISTORICALLY UNDERSERVED TRADITIONAL LOCAL COMMUNITIES PLAN FOR INDIGENOUS PEOPLES 7.1 No group or community or people meeting the criteria set out in paragraph 8 or 9 of ESS7 are present in the Project area. ESS8: HERITAGE 8.1 This ESS is not relevant to the Project ESS9: FINANCIAL INTERMEDIARIES 9.1 This ESS is not relevant to the Project ESS10: STAKEHOLDER ENGAGEMENT AND INFORMATION DISCLOSURE 11 | Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) - (P176074) CONCRETE MEASURES AND ACTIONS TIMETABLE RESPONSIBLE ENTITY/AUTHORITY STAKEHOLDER ENGAGEMENT PLAN PREPARATION AND IMPLEMENTATION The Recipient shall prepare, consult, adopt, disseminate, and implement the The SEP will be adopted and published prior Project’s Stakeholder Engagement Plan (SEP). As stakeholder consultation to Project appraisal. and involvement is an iterative process that will continue throughout the life Throughout Project implementation, the SEP 10.1 cycle of the Project, the SEP remains subject to change. Such changes, when Project Implementation Unit will be disseminated and implemented. Once needed and initiated by the Recipient, must be confirmed with the Bank updated as required by both parties, it will be before appropriate consideration and in accordance with the requirements published again. of ESS10. The new version of the SEP will be made public. PROJECT GRIEVANCE REDRESS MECHANISM The Recipient will develop, maintain, and implement the Grievance Redress Mechanism with an appropriate monitoring and reporting system in The grievance redress mechanism will be operational from the start of Project activities 10.2 accordance with ESS10 as described in the SEP. Project Implementation Unit and will be maintained throughout Project This Grievance Redress Mechanism will be supported by a communication implementation DRAF T plan to ensure that potentially affected local populations and communities are aware of its existence and know how to submit complaints. 12 | Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) - (P176074) CAPACITY SUPPORT (TRAINING) Health and safety at work Training of Project workers and suppliers/service providers in health and safety at work, including RC1 prevention of risks related to COVID-19, STDs, and During Project implementation Project Implementation Unit HIV/AIDS. Health and safety rules Solid and liquid waste management The Bank’s new Environmental and Social Framework (ESF) Stakeholder identification and engagement Contents of the Environmental and Social Commitment Plan (ESCP) RC2 Contents of the Stakeholder Engagement Plan (SEP) During Project implementation Project Implementation Unit DRAF T Stakeholders that may be directly concerned are: PIU, central management officers, the Technical Committee, the Steering Committee, the Coordinator, the managers of the Project components. 13 | Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) - (P176074) CAPACITY SUPPORT (TRAINING) Environmental and social management module: National environmental and social legislation: the law defining the fundamental principles of environmental assessment in Niger and its implementing decree Good knowledge of management organization and procedures. During Project implementation Project Implementation Unit Stakeholders that may be directly concerned are project workers/beneficiaries/local authorities/authorities/CRA/CIPMEN/SAHFI SA/Chamber RC3 of Commerce/NGOs Conduct of ESIAs, policies, procedures, and legislation on social issues in Niger Knowledge of implementation and monitoring process DRAF T for ESIA, ESMP, etc. Monitoring and oversight of environmental and social During Project implementation Project Implementation Unit aspects and reporting Beneficiaries are project workers/beneficiaries/local authorities/authorities/CRA/CIPMEN/SAHFI SA/Chamber of Commerce/NGOs 14 | Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) - (P176074) CAPACITY SUPPORT (TRAINING) Environmental and social screening processes and tools and provisions for the application of effective measures to manage environmental and social risks and impacts and security risks recommended during RC4 implementation of sub-projects During Project implementation Project Implementation Unit Beneficiaries are project workers/beneficiaries/local authorities/authorities/CRA/CIPMEN/SAHFI SA/Chamber of Commerce/NGOs Employment and working conditions module Employment conditions under national labor legislation Codes of conduct for suppliers, service providers, and subcontractors RC5 Rules relating to child labor and the minimum age for During Project implementation Project Implementation Unit child employment. DRAF T Beneficiaries are suppliers, service providers, and subcontractors 15 | Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) - (P176074) CAPACITY SUPPORT (TRAINING) GRM and SEA/SH module Procedures for recording and handling complaints, archiving Procedures for resolving complaints Documentation and handling of complaints Use of the procedure by the various stakeholders RC6 During Project implementation Project Implementation Unit Raising public awareness GBV/SEA/SH risk awareness, prevention, and mitigation measures Beneficiaries are suppliers, service providers, and subcontractors DRAF T 16 | Page