State of Palestine Palestinian Ministry of Education Environmental and Social Management Framework (ESMF) Project: Improving Early Childhood Development (ECD) (P168295) Draft Final Report September, 2019 List of Acronyms D.G. Directorate General CAE Child Abuse/Exploitation ECD Early Childhood Development EHS Environmental, Health, and Safety EHSG Environmental, Health, and Safety Guidelines EIA Environmental Impact Assessment EQA Environment Quality Authority EM Environmental Matrix EMP Environmental Management Plan ES Environmental and Social ESCHIA Environmental, Social, and Cultural Heritage Impact Assessment ESCP Environmental and Social Commitment Plan ESF Environmental and Social Framework ESHS-MP Environmental, Social, Health, and Safety Management Plan EIA Environmental Impact Assessment ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plan ESMS Environmental and Social Management System ESO Environmental and Social Officer ESRC Environmental and Social Risk Classification ESSs Environmental and Social Standards FIDIC The International Federation of Consulting Engineers GBV Gender Based Violence GRM Grievance Redressal Mechanism IEE Initial Environmental Examination/Evaluation KG Kindergarten LAL Land Acquisition Law LMP Labor Management Procedures LTC Local Technical Consultant LVC Land Valuation Committee M&E Monitoring and Evaluation MDLF Municipal Development and Lending Fund MOE Ministry of Education MOH Ministry of Health MOSD Ministry of Social Development MOT Ministry of Transportation MoTA Ministry of Tourism and Antiques MoPWH Ministry of Public Works and Housing 1|Page OHS Operation Health and Safety PA Palestinian Authority PCRs Physical Cultural Resources PCU Projects Coordination Unit PEAP Palestinian Environmental Assessment Policy PEL Palestinian Environmental Law PLA Palestinian Land Authority PMU Project Management Unit SEF Stakeholder Engagement Framework SEP Stakeholder Engagement Plan TLM Teaching and Learning Materials WB World Bank 2|Page Table of Contents 0. Executive Summary ........................................................................................................... 5 1. Preface ............................................................................................................................. 10 2. ECD Project Description ................................................................................................... 11 2.1 ECD Project Objectives ............................................................................................. 11 2.2 ECD Project Components ......................................................................................... 11 2.3 Implementation Arrangements................................................................................ 13 2.4 Institutional Structure .............................................................................................. 14 3. Environmental and Social Management Framework (ESMF) ......................................... 15 3.1 Environmental and Social Legal Framework ............................................................ 15 3.2 Baseline Environmental and Social Information ...................................................... 21 3.3 Environmental and Social Management Plan (ESMP) ............................................. 22 3.4 Management & Reporting ....................................................................................... 38 4. Environmental and Social Liability of MOE Contractors ................................................. 41 5. Environmental and Social Monitoring ............................................................................. 46 5.1 Environmental and Social Monitoring ..................................................................... 46 5.2 Environmental and Social Management Reporting ................................................. 46 5.3 Grievance Redress Mechanism (GRM)..................................................................... 47 6. Annexes ........................................................................................................................... 49 Annex 1: Applicable WB ESSs ................................................................................................... 50 Annex 2: Chance Find Procedures ........................................................................................... 53 Annex 3: Stakeholder Engagement/Consultation Meetings ................................................... 54 Annex 4: ECD ESRC and Assessment of Potential Risks ........................................................... 57 Annex 5: Generic ESMP Matrices ............................................................................................ 59 Annex 6: Environmental and Social Management Guidelines for Contractors ....................... 62 Annex 7: Contractor’s Commitment of Environmental and Social Compliance and Penalties .................................................................................................................................................. 65 Annex 8: Duties and Responsibilities of MOE throughout Project Cycle ................................ 66 Annex 9: Form for Environmental and Social Management and Monitoring ......................... 67 Annex 10: Grievance Redress Mechanism Checklist ............................................................... 70 3|Page List of Charts Chart 1: Institutional Structure of D.G. of Building ................................................................. 33 Chart 2: Parties involved in construction/refurbishment activities ....................................... 39 Chart 3: Duties and Responsibilities of MOE throughout Project Cycle ................................. 66 List of Tables Table 1: Gap Analysis of Applicable ESSs and Palestinian’s National laws and Regulations ... 18 Table 2: Project Activities and Potential Impacts during Construction Phase ........................ 30 Table 3: Main ES Risks for New, Extension, and Refurbishment KGs/Schools ........................ 31 Table 4: Capacity Risk Analysis................................................................................................. 34 Table 5: Proposed Workshops/Seminars for Target Groups ................................................... 36 Table 6: ESMF Cost Estimate.................................................................................................... 38 Table 7: Project Monitoring Plan ............................................................................................. 39 Table 8: World Bank ESSs and Core Requirements ................................................................ 50 4|Page 0. Executive Summary Improving Early Childhood Development (ECD) project aims to improve the coverage and quality of early childhood development services for children from gestation until age 5 in the West Bank. The project components are as follows: • Component 1 : Health Care: Promoting early health development: Subcomponent 1.1: Strengthening prenatal and postnatal care Subcomponent 1.2: Strengthening early nutrition and simulation during the first 1,000 critical days of life This component will be under the leadership of the Ministry of Health (MOH). • Component 2 – Education: Improving access to high quality KG services Subcomponent 2.1: Expanding access to KG2 Subcomponent 2.2: Enhancing quality of KG services This component will be under the leadership of Ministry of Education. • Component 3 –: Improving availability of ECD Data under the leadership of Ministry of Education • Component 4: Project management and implementation support Subcomponent 4.1: Project management and implementation support for MOH- under the leadership of MOH. Subcomponent 4.2: Project management and implementation support for MOE- under the leadership of MOE. The ECD project components, especially which will be implemented by MOH and MOSD, have mainly no risks/impacts but rather positive environmental and social impacts. These components include improve coverage and quality service delivery types of activities or supply of equipment and these activities do not include construction of infrastructure and/or waste management aspects. The second component of the ECD project within the responsibility of MOE includes construction activities such as refurbishment of KGs/Schools classrooms in schools, possibly supply of furniture, play areas, kitchen and rest rooms that are likely to have negative environmental and social impacts. The classification of risks associated with this kind of activities is assessed as medium to low risks. These risks are addressed in this Environmental and Social Management Framework (ESMF), therefore when proceeding with preparation of any subproject with construction activities, it is necessary to follow this ESMF. Legal Framework MOE, when preparing subproject proposal/appraisal to be financed by ECD project, would have accomplished Palestinian polices and regulations including revised Palestinian Basic Law of 2003, the Jordanian Law No. 79 of 1966 The Cities, the Villages and Buildings Regulating Law, the Buildings and Regulation Bylaw for Local Authorities No. 5 for 2011, and Palestinian Environmental Law, in addition to this ESMF which prepared in compliance with the WB ESF. ESMF approach is selected because the ECD project consists of series of activities, and the risks and impacts that cannot be determined until the subproject details 5|Page have been identified. Gap between WB ESF and Palestinian policies and regulations was conducted in which WB roles prevail especially in ESS1 and ESS10. Institutional and Implementation Arrangements MOH will hold the responsibility for procurement under Components 1 and 4.1 while MOE will hold responsibility for procurement under Components 2, 3 and 4.2. D.G. of Buildings at the MOE together with PCU will be responsible for following up the implementation of the environmental and social considerations stated in the ESMF in addition to Palestinian laws, policies and regulations. An Environmental and Social Officer (ESO) to be hired at the D.G. of Buildings will follow implementation of environmental and social issues stated in this ESMF and establish ESMS at MOE. Environmental and Social Classification and Assessment of Risks and mitigation measures ESMF approach is selected because the ECD project consists of series of activities in which risks and impacts cannot be determined until the project details have been identified. It provides guidance for classification and assessment for risks and impacts of deteriorating natural environment, and resulting in negative social impacts specifically identified in ESSs 1–10. Forms are developed to facilitate conducting subproject classification, assessment, risks and impacts, and environmental and social management and monitoring for subprojects having construction activities. When exact location of subproject is determined, MOE can use the forms developed in the ESMF to identify and assess the environmental and social impacts, both adverse and beneficial, in the project’s area of influence in order to avoid, or where avoidance is not possible, minimize, mitigate, or compensate for adverse impacts on workers, affected communities, and the environment. Subprojects with construction activities entail risks and requirements as identified in ESS1, ESS2, ESS4, and ESS10 including construction risks, community and labor health and safety, MOE capacity to effectively implement the ESMF and Environmental and Social Management Plan (ESMP), and stakeholder engagement and information disclosure. The rated environmental and social risk of the Project is moderate which indicate a moderate likelihood of adverse impacts associated with project implementation. The environmental and social risks associated with construction activities of subproject during construction phase include noise, dust, solid waste and wastewater, community and labor health and safety, and social disturbance such as the traffic safety. In the operation stage, the project will increase traffic and need maintenance to ensure sustainability. These risks and impacts could become a source of grievance. Labor Management Procedures (LMP) is prepared to set out the Project’s approach to meeting national requirements as well as the objectives of the Bank’s Environmental and Social Framework, specifically objectives of Environmental and Socials Standard 2: Labor and Working Conditions (ESS2) and Standard 4: Community Health and Safety (ESS4). It enables different project-related parties including direct workers who will be assigned to work on 6|Page this Project, contractors and sub-contractors and contracted workers, to have a clear understanding of what is required on a specific labor issue. The risks associated with subprojects with construction activities are generally medium to low as mentioned above. Environmental and Social Commitment Plan (ESCP) need to be developed in agreement with the Bank that sets out a summary of the material measures and actions for mitigation and monitoring. Stakeholder Engagement Framework/Stakeholder Engagement Plan (SEF/SEP) needs to be disclosed at early stage of ESMF. There is a GRM at MOE and MOH and should be customized to handle the ECD construction subprojects and supply and operation of supplied medical equipment. MOE and MOH has prepared a draft GRM manual in accordance with the terms of ESF.as part of SEF document. Risk associated with MOE capacity to effectively implement the ESMF, ESMP, SEP/SEF, and LMP ESMP associated with construction of subprojects and the risk associated with current structure setup at the three Ministries to handle the implementation and management of the ECD project is assessed and found to be Moderate. Capacity building of MOE is proposed via hiring ESO and provide him with required training so that he is able to manage and monitor the implementation of the environmental and social aspects of ECD project including building Environmental and Social Management System (ESMS) at the MOE. Land Acquisition, Restrictions on Land Use and Involuntary Resettlement (ESS5) is not relevant to the ECD construction subprojects since the expansion of KGs/Schools classrooms in schools will be done within the existing footprints of KGs/schools. ESS6, ESS7, ESS8, and ESS9 are not expected to be relevant to the project. However, a chance find may occur whereby historical and cultural property is inadvertently found. ESMF provides generic ESMP, which is prepared to mitigate and monitor the risks and impacts of construction subprojects, that must be updated when the exact location of subproject is identified and included in the tender documentation, so that potential bidders are aware of environmental and social requirements, and are able to reflect that in their bids. Further, environmental and social liabilities of MOE section which was adapted from the ESMF prepared for Municipal Development Program Phase III is prepared where breakdown for the cost of each mitigation measure noncompliance is detailed, and will be enclosed in bidding documents. The ESMP include also environmental and social management guidelines for ECD contactors. The cost is estimated for ESMF implementation related to beneficiaries and stakeholder trainings, and hiring and training of ESO, to support MOE in the implementation of the ESMF. The indicative budget associated with implementing the ESMF and monitoring of environmental and social risks associated with the project is estimated at 165,000 $. Environmental and Social Monitoring 7|Page Currently, MOE and MOH has no Environmental and Social Officer (ESO) responsible for environmental and social management. ESO will assigned to be part of the D.G. of Buildings responsible for implementing the Project construction activities. He will supervise the implementation of the ESMF and monitor the compliance of suppliers/contractors to the provisions of the ESMPs, SEF/ESP, and LMP in both Ministries. A system and setup for ESO for environmental and social monitoring and reporting for subprojects is required to be developed at the MOE. ESO will be responsible to instruct contractors on the compliance with the ESMP, SEF/SEP, and LMP. ESO will conduct regular supervisory and environmental and social monitoring visits to verify contract ors’ adherence to the requirements set out in the environmental and social instruments and produce the required reports. Duties and responsibility of MOE during project cycle are defined. Forms for site visit reports, monthly/quarterly reports, project final report are prepared and shall be filled by ESO. Frequency of reporting should be determined based on project size, complexity, and duration. These forms include detailed reporting of the status of environmental and social performance under the ECD construction subprojects, including overview of deviations/violations of ESMP encountered over the report period, instructions given to contractors for addressing noncompliance and identified issues, and follow-up actions on the revealed outstanding matters. ESO’s reports will include in addition to summary of site visits documentation of meetings and agreements with affected people, contractor’s action during construction stage, environmental and social training and on-job training for the workers, summary of the raised environmental and social issue, ES notes, and complaints and how complaints have been followed. Stakeholder Engagement WB ESS10 recognizes the importance of open and transparent engagement between the Borrower and project stakeholders as an essential element of good international practice. Effective stakeholder engagement can improve the environmental and social sustainability of projects, enhance project acceptance, and make a significant contribution to successful project design and implementation. During the preparation of the ESMF, stakeholder engagement was ensured via conducting visits to the three line Ministries, where information about the ECD project components and subcomponents, potential risks and impact from the project were discussed and communicated with the three Ministries. MOE and MOH have prepared a Stakeholder Engagement Framework (SEF), and in order to facilitate meaningful consultations during subproject preparation when exact location of subproject is identified, MOE and MOH shall prepare SEP for each project involved. 8|Page In the SEF, the initial list of stakeholders has been developed based on several meetings with the relevant departments in the MOE and the MOH. The preliminary stakeholder analysis has identified the various interests of stakeholder groups and the influence these groups may have on the project. The analysis also shaped the design of stakeholder consultation events and which stakeholders to engage and when. The strategy adopted in the SEF, among other thing, includes: (i), public meetings to inform project stakeholders about the project’s objectives and get feedback from the local community, including providers and users of education and health services; (ii) meetings will be held in the suitable locations to ensure access to vulnerable groups; (iii) consultation meetings will be held with stakeholders throughout the project life cycle. 9|Page 1. Preface The Environmental and Social Management Framework (ESMF) for ECD is prepared for the purposes of implementing the ECD, in compliance with the national and local policies and regulations as well as with the World Bank new ESF. ESMF approach is selected because the project consists of series of activities, and the risks and impacts that cannot be determined until the subproject details have been identified. This ESMF is the environmental and social instrument prepared based on the ESF requirements and is to be applied to the screening and assessment of the projects to be financed by the ECD. The ESMF should provide the following key outputs: • Sets out the principles, rules, guidelines and procedures to assess the environmental and social risks and impacts; • Provides measures and plans to reduce, mitigate and/or offset adverse risks and impacts, provisions for estimating and budgeting the costs of such measures, and information on the agency or agencies responsible for addressing project risks and impacts, including on its capacity to manage environmental and social risks and impacts; • Includes adequate information on the area in which subprojects are expected to be sited, including any potential environmental and social vulnerabilities of the area; and on the potential impacts that may occur and mitigation measures that might be expected to be used. • Sets the standards, which will guide subproject screening, and preparation of Environmental and Social Management Plans (ESMP) for individual infrastructure subprojects financed under the program. • Generic ESMP matrices annexed to the ESMF. It provides means to be considered during the main phases of the projects; design, implementation, operation, control and monitoring. 10 | P a g e 2. ECD Project Description In 2017, Palestine launched its National ECD Strategy-a pioneering document that prioritizes the holistic development of young children from gestation (pregnancy) until age 5. This document calls for a multi-sectoral service delivery system, led jointly by MOE, MOH and MOSD to offer high quality integrated services to children and their families. It also identifies a number of challenges faced by the Palestinian ECD sector that should be addressed through concerted efforts and investments. Improving Early Childhood Development (ECD) Project is aligned with the National ECD Strategy. The main purpose of the project is to improve the coverage and quality of early childhood development services for children from gestation until age 5 in the West Bank. As the population of 5-year-olds in Palestine will grow, the current KG2 enrollment rate in public and private supply of services is estimated to decrease to 67%. 2.1 ECD Project Objectives The ECD aims to improve the coverage and quality of early childhood development services for children from gestation until age 5 in the West Bank and Gaza. 2.2 ECD Project Components The main components of the ECD are: Component 1: Health Care: Promoting early health development: under this component, the project aims to improve the holistic development of children from gestation until age 3 through its two subcomponents. • Subcomponent 1.1: Strengthening prenatal and postnatal care: will strengthen pre- and ante-natal care by financing the procurement of medical equipment for MOH health care facilities in both the West Bank and Gaza • Subcomponent 1.2: Strengthening early nutrition and simulation during the first 1,000 critical days of life: will enhance caregivers’ parenting skills in West Bank and Gaza by (i) designing and piloting a parenting intervention using existing delivery channels (i.e., MOH and UNRWA PHCs, nurseries, health community and social workers); and (ii) developing a public national ECD website for all families. In doing so, the subcomponent will leverage and build on existing ECD resources developed by MOH, MOSD and development partners (e.g., UNRWA, UNICEF, WHO and Save the Children). MOH will be responsible for the implementation of Component 1 through the existing PCU for the ongoing World Bank-financed project. Component 2 – Education: Improving access to high quality KG services: Under this component, the project aims to improve access to KG2 and enhance the quality of KG services, through its two subcomponents. 11 | P a g e • Subcomponent 2.1: Expanding access to KG2: will increase access to KG2, by financing (i) refurbishments and extensions of public KG2 classrooms, and (ii) the design and piloting of a public-private partnership (PPP) model. For refurbishments and extensions, 36 public schools are expected to be selected where KG2 classrooms to be refurbished and/or constructed, according to the following agreed upon criteria: o High level of poverty o Low private sector penetration o Sufficient KG2 demand PPPs: the PPP model will provide tailored incentives to private providers to expand their capacity. In the first year of project implementation, the subcomponent will hire a university or firm to conduct a market analysis, review the licensing framework for KG2, and develop the technical design of the PPP modality. In years 2- 5, the subcomponent will finance the piloting of the PPP model, including the administrative cost for setting up PPPs and transfer payments under PPP agreements. The PPP model will be piloted in selected communities in WBG where KG2 demand is significantly higher than available KG2 supply. • Subcomponent 2.2: Enhancing quality of KG services: will enhance the quality of KG services by financing (i) the development and roll-out of a KG Teacher Professional Diploma, (ii) the development and production of a KG Teacher Toolkit, and (iii) the piloting of a KG quality assurance system. KG Teacher Professional Diploma: The in-service professional development program will target private KG teachers who do not have any formal training in early childhood education (ECE). Beneficiaries will include about 1,200 private KG teachers in the West Bank (representing 40 percent of the total stock of unqualified private KG teachers) and 200 KG teachers in Gaza. KG Teacher Toolkit: The toolkit will provide hands-on support for KG teachers by equipping them with carefully selected toys, story books and other materials, accompanied by a detailed script with specific guidance on their usage for age- appropriate and play-based activities. KG Quality Assurance System: A robust KG quality assurance system requires four key elements: (1) clearly defined quality standards anchored in an ECE governance strategy, (2) adequate data collection instruments and protocols, (3) regular monitoring visits to KGs, and (4) tailored support mechanisms for continuous improvement of KG teaching. The World Bank will support all four elements of the system through both technical assistance (TA) and financing under the ECD operation. Specifically, the TA will cover a review of Palestinian KG quality standards and ECE governance structure, as well as the adaptation of a classroom observation tool to assess teaching practices. The ECD operation will finance (i) the procurement of tablets for KG supervisors to administer the classroom observation tool, (ii) training on its use, and (iii) the production of short videos on best practices that can be used by KG supervisors to coach teachers during the monitoring sessions. This component will be under the leadership of Ministry of Education. 12 | P a g e Component 3: Improving availability of ECD Data: Under this Component, the project aims to improve the availability of relevant ECD data to strengthen sectoral and multi-sectoral planning of ECD services. ECD data at MOE. Data for public and registered private KGs is collected annually through the School Census by the Statistics Department. This data is restricted to administrative variables at the school, classroom, and student-levels3. The KG Department collects, via its KG supervisors, a rich set of variables on the quality of KG teaching and the learning of each child. However, this data remains in paper records at schools or with individual supervisors and is not compiled centrally. Furthermore, the child-level data is not uniquely identified using the Palestinian National ID Number. A move towards a multi-sectoral ECD data system will require MOE to: (1) digitize and centrally compile all relevant school, classroom, teacher and child-level data, and (2) uniquely identify child-level data through the National ID Number. ECD data at MOSD: Data for nurseries is collected annually by the Nursery Department. This data is restricted to administrative variables at the facility-level4. In addition, a rich set of indicators is collected on the development of children that attend nurseries5. Yet, this data remains in paper records at nurseries, and is not compiled centrally. A move towards a multi-sectoral ECD data system will require MOSD to: (1) digitize and centrally compile all relevant facility and child-level data, and (2) through the National ID Number, match this data with its comprehensive dataset of poverty and vulnerability data. ECD data at MOH: Upon birth, MOH uniquely identifies each child and through the Health Information System, it is possible to track children’s medical history. MOH then collects detailed medical information for each child, including all vaccination records, development status and known allergies and illnesses. While some challenges persist, MOH’s information system meets the necessary requirements to enable a future multi-sectoral ECD data system. This component shall be under the leadership of Ministry of Education. Component 4: Project management and implementation support • Subcomponent 4.1: Project management and implementation support for MOH- under the leadership of MOH. • Subcomponent 4.2: Project management and implementation support for MOE- under the leadership of MOE. 2.3 Implementation Arrangements ECD project will finance investments and activities that are within the responsibility of MOE, MOH, and MOSD. As described in the project components in the previous section, The ECD project will finance improving of services and equipment to MOSD and MOH. While the project will finance new, extension and refurbishment of KG classes to MOE in addition to some improvement of services activities. 13 | P a g e MOH will hold the responsibility for procurement under Components 1 and 4.1 while MOE will hold responsibility for procurement under Components 2, 3, and 4.2. MOE will prepare a financial manual where the financial procedures will be fully illustrated and also the consolidation procedures between the MOH and the MOE will be detailed and clarified. For subprojects to be implemented by MOE will follow the procedures mentioned above for management and financing. For subprojects including building, extension of KG2 classrooms, and refurbishments, the Directorate General of General Education will be responsible for annual work planning and identification of subprojects according to the Ministry’s needs for development. 2.4 Institutional Structure Two agreements shall be signed for this project, the first is with the MOH where the PCU at MOH shall be managing and providing support to Component 1, and subcomponent 4.1. The second agreement shall be with MOE, where its PCU shall be managing and providing support to components 2 and 3 and subcomponent 4.2. Both PCU and PMU at MOH and MOE shall be responsible for reporting back to the Bank, for implementing and managing the ECD project and for the contracts management of their components and subcomponents, and management of the accounts, fiduciary aspects including financial management, incurring disbursement of payments to contractors in compliance with the laws and regulations of WB and Ministry of Finance. ESO to be appointed at D.G. of Buildings at MOE will be responsible for following up the implementation of the environmental and social considerations stated in the ESMF in addition to Palestinian laws and policies. Capacity assessment for MOE to implement the ESMF and ESMF cost implication are described in section 3.3.6. 14 | P a g e 3. Environmental and Social Management Framework (ESMF) ESMF is a technical day-to-day guide for implementing ECD project in sound environmentally and socially manner. It provides guidance for environmental and social management associated with ECD subproject proposals in accordance to Palestinian environmental legal and administrative framework and World Bank new ESF. ESMF carry uniform templates to facilitate conducting subproject environmental and social risk classification, assessment of risks, and monitoring and reporting processes. 3.1 Environmental and Social Legal Framework According to ESF requirements, when a project is proposed for Bank financing, MOE and the Bank will consider whether to use all, or part, of the Palestinians’ ES Framework in the assessment, development and implementation of a project. Such use may be proposed provided this is likely to address the risks and impacts of the ECD project, and enable the project to achieve objectives materially consistent with the ESSs. WB ESF and Palestinian policies and regulations are presented in this section and gap analysis is conducted accordingly. 3.1.1 Palestinian Laws and Regulations Related to Environmental Management MOE when preparing construction works including building of schools and classrooms would have accomplished all legal requirements acquired by and respecting the revised Palestinian Basic Law of 2003, the Jordanian Law No. 79 of 1966, the Villages and Buildings Regulating Law, and the Buildings and Regulation Bylaw for Local Authorities No. 5 for 2011. Palestinian Environment Law The Palestinian Environment Law of 1999 covers the main issues relevant to environmental protection and law enforcement. The objectives of this law include: • Protect the environment from all types of pollution • Protect public health and social welfare • Incorporate protection of environmental resources in all social and economic development plans and promote sustainable development to protect the rights of future generations • Conserve ecologically sensitive areas, protect biodiversity, and rehabilitate environmentally damaged areas In accordance with the Palestine Environment Law, EQA in coordination with the competent agencies prepared the Environmental Assessment Policy. 15 | P a g e Palestinian Environmental Assessment Policy EQA developed the Palestinian Environmental Assessment Policy of 2000 as a leading authority for the approval of environmental assessment studies. This policy aims to achieve the following goals: • Ensure an adequate quality of life in all aspects, and ensure that the basic needs and social, cultural, and historical values of the people are not negatively impacted as a result of development activities • Preserve the capacity of the natural environment • Conserve biodiversity and landscape, and promote the sustainable use of natural resources • Avoid irreversible environmental damage and minimize reversible environmental damage from development activities In accordance with the policy, project proponents are required to submit an application for environmental approval that informs the EQA and relevant approving authorities of the intended project activities. Subsequently, a determination is made whether an initial environmental evaluation (IEE) or a detailed environmental impact assessment (EIA) is required. The IEE is for projects where significant environmental impacts are uncertain, or where compliance with environmental regulations must be ensured, whereas an EIA is required for projects, which are likely to have significant environmental impacts. Stakeholder consultation is mandatory by PEAP for EIA. At the minimum, the proponent must meet with the principal stakeholders to inform them about the proposed project and to solicit their views. The methods and results of the consultations must be documented. Laws and Regulations related to Resettlement, Land Expropriation and Involuntary Resettlement The Jordanian Expropriation Law No. 2 for 1953 applied in the West Bank/Palestine describes the procedures for private lands’ expropriation for public use and the compensation. Land acquisition is undertaken in accordance with Decree (12) of 1987 referred to as the Land Acquisition Law (LAL) and in accordance to its amendments. General Rules for the Protection of Historic Areas The Jordanian Heritage law No. 51 for the year 1966 manages case of accidental findings of any antiquities or Physical Cultural Resources (PCRs). The Higher Council of Planning decided on 2006 to approve the General Rules for the protection of historic areas and individual historic buildings. These rules are considered an amendment of the Building and Planning Regulations for the Local Authorities approved by 16 | P a g e Higher Council of Planning issued on 1996. This amendment prevents demolish or remove any historic buildings or demolish or distort any element of that forming the root of the historic town such as paths, alleys, open spaces, covered passages and portals. Other Laws and Regulations relating to Environment Management Palestinian Public Health Law No. 20 was developed by the Ministry of Health (MOH) and approved by the Legislative Council in 2004. The law states the role of the Palestinian Authority, as represented by the MOH and other authorities, to control communicable, non- communicable, and genetic diseases by practicable means, including the removal of health nuisances. It also states that it is under MOH authority in cooperation with the competent authorities to specify the rules and conditions of transferring, saving, treatment or disposal of the hazardous waste. No one is allowed to do what is stated here above unless it is in accordance with the conditions and rules. The Grievance and Complaints bylaw that has been approved by the Ministerial Cabinet on 2005 and updated on 2009. 3.1.2 World Bank ESF The ECD project will be implemented in compliance with applicable Palestinian laws, policies and regulations governing environmental and social issues as well as the applicable World Bank ESF as far as the Bank provides core financing for the project. World Bank’s ESF was approved in August 2016 and got effective in October 1, 2018 and will thereafter apply to the ECD project. It boosts protections for people and the environment; promote capacity and institution strengthening and country ownership; and enhance efficiency for both the Government and the World Bank. It consolidates the World Bank’s environmental and social policies and harmonizes them with those of other development institutions. It makes important advances for the World Bank in areas such as transparency, accountability, nondiscrimination, and public participation. Environmental and social risk classification and assessment of the subprojects of the ECD shall be conducted in light of the World Bank’s ESF and the Palestinian ES guidelines. Classification and assessment of subproject proposal for risks and impacts of deteriorating natural environment, and resulting in negative social impacts specifically identified in ESSs 1–10. Mitigating measures will be identified accordingly. Key stakeholders and potentially affected people will be identified and mechanisms for consultation and disclosure will be determined. 17 | P a g e 3.1.3 WB ESF and Palestinian Laws and Regulations Gap Analysis A gap analysis was also made to the applicable ESSs and Palestinian’s National laws and International good practice commonly used in Palestine. Table (1) shows this analysis and gives recommendations to be applied for the ECD project. Table 1: Gap Analysis of Applicable ESSs and Palestinian’s National laws and Regulations Issue National WB ESF and gaps with Recommendations Laws/International National Laws good practice commonly used ESS1: Assessment and Management of Environmental and Social Risks and Impacts Environmental and Low, medium, Four classifications: WB ESF prevail social risk significant High Risk, Substantial classification and Risk, Moderate Risk or assessment Low Risk. Environmental and Category A, B and C ES instruments ESIA, WB ESF prevail social assessment ESMP, ESMF, strategic instruments environmental and social assessment (SESA) ESS 2: Labor and Working Conditions To promote safety Refer to article 90, There is no gap Apply Palestinian and health at work 91, 92 of the between the national Labor Law Palestinian Labor labor law and the World Law no.07 of 2000 Bank OHS guidelines (See annex 1) FIDIC 99 clause 4.8 & 6.7 (see annex 2) To promote the fair Refer to article 16, There is a gap in regards Apply World Bank treatment, non- 100, and 106 of the to measures to prevent Guidelines as discrimination and Palestinian Labor and address stipulated in ESS2 equal opportunity of Law no.07 of 2000 harassment, project workers (See annex 1) intimidation and/or exploitation. Where Palestinian Labor law is inconsistent with this clause, the project will seek to carry out project activities in a manner that is consistent with World Bank guidelines. 18 | P a g e Issue National WB ESF and gaps with Recommendations Laws/International National Laws good practice commonly used To protect project Refer to articles 93- There is no gap Apply Palestinian workers against 99 of the Palestinian between the national Labor Law (GBV) and child labor law no.07 of labor law and the World abuse/exploitation 2000 (see annex 1) Bank OHS guidelines (CAE) issues and that discuss Code of Conduct and regulating the work contracted workers, of minors. Also refer community workers to article (4) of and primary supply amendment #19 of workers, as 2012 and child law appropriate. no. 07 (annex 3) Refer to World Bank Apply World Bank guidelines in regard to Guidelines in ESF No National law in gender based violence regards to gender in ESF based violence To prevent the use Refer to articles 93- There is a gap in regards Apply World Bank of all forms of forced 99 of the to forced labor Guidelines in ESF labor and child labor Palestinian labor law no.07 for the year 2000 (see annex 1) that discuss regulating the work of minors To support the Refer to article 5 of There is no gap Apply Palestinian principles of the Palestinian labor between the national Labor Law freedom of law no.07 of 2000 labor law and the World association (see annex 1) that Bank OHS guidelines ensures that both workers and employers have the right to establish union organizations To provide project The right of the The ESF requires that a Apply World Bank workers with public to complain is grievance mechanism Guidelines in ESF accessible means to ensured by the will be provided for all raise workplace grievance bylaw direct and contracted concerns/grievances approved by the workers (and, where Ministerial Cabinet relevant, their on 2005 and organizations) to raise updated on 2009 workplace concerns ESS 4: Community Health and Safety 19 | P a g e Issue National WB ESF and gaps with Recommendations Laws/International National Laws good practice commonly used To avoid adverse International good There is gap resulted Apply FIDIC & ESS4 impacts on health practice including from the fact that FIDIC (3.3 of the and safety of FIDIC 99 and the only provides general “Environmental, project-affected Jordanian Code for guidelines Health, and Safety communities during construction 2004 (EHS) Guidelines the project lifecycle are commonly used General EHS in Palestine. FIDIC Guidelines: 99 clauses 4.8 and Community Health 6.7 stated that & Safety”) and Safety plan should EHSG guidelines. be provided: Spray the dust with water Work only at the allowable hours. Use safety fence around the site. To avoid or minimize Use boundary There is gap resulted Apply FIDIC, ESS4, community exposure stones around the from the fact that FIDIC and section 3.4 of to project-related hole in the streets. only provides general the Environmental traffic and road Put the necessary guidelines Health and Safety safety risks, diseases warning signs (EHS) Guidelines and hazardous General EHS materials. Guidelines: Community Health & Safety To have in place Based on FIDIC 99 There is gap resulted Apply FIDIC, ESS4, effective measures clause 4.8 & 6.7; from the fact that FIDIC and section 3.7 of to address Safety plan should only provides general the Environmental emergency events be provided. guidelines Health and Safety The emergency (EHS) Guidelines phone numbers General EHS should be available Guidelines: in the site and easy Community Health to access. & Safety Provide a first aid box To ensure that the Safety plan should There is a gap where Apply ESS4 and safeguarding of be provided. there is no coverage for section 3.7 of the personnel and this issue in any national Environmental property is carried document Health and Safety out in a manner that (EHS) Guidelines avoids or minimizes General EHS 20 | P a g e Issue National WB ESF and gaps with Recommendations Laws/International National Laws good practice commonly used risks to the project- Guidelines: affected Community Health communities & Safety ESS10: Stakeholder Engagement and Information Disclosure Stakeholder Consultations are The Bank will require WB ESF prevail engagement and required for engage with information EIA. Public stakeholders, through disclosure disclosure is not information disclosure, required for projects consultation, and that do not require a informed participation. full EIA. SEP shall be developed and disclosed. Public disclosure is required for all EA reports. Project grievance The Palestinian The ESS ensures WB ESF prevail mechanism Bylaw sets the rules reception and timely for grievance of the response to any public and the complaints made about improving the the Project and be the performance of the basis for developing Palestinian appropriate mitigation Ministries and strategies Authorities. No project GRM is required. 3.2 Baseline Environmental and Social Information Baseline environmental and social information for Gaza Strip and West Bank are available in the already prepared Environmental and Social Assessment reports such as EIA, ESIA, EMSP, etc. These reports have good documentation about the environmental and social issues including climate, air quality, roads, noise, available water resources, water quality, vegetation cover, agricultural resources, employment and income, occupational health and safety, natural habits and sanctuaries, resettlements, culture and heritage, recreation and tourism, marine life resources, issues. Examples of reports to refer to: • ESIA for Environmental Assessment Report for Wastewater Treatment Plant Ramallah; 21 | P a g e • ESIA for Environmental Assessment Report for Northeast and Southwest Jenin Water Supply Projects Jenin Governorate – West Bank; • Environmental, Social, and Cultural Heritage Impact Assessment (ESCHIA) for Hebron Wastewater Management Project; • Feasibility Study and ESIA for Wastewater Management in Tubas, Tayasir, Aqqaba and Al Aqaba; • Environmental Impact Assessment for Alreehan Neighbourhood; • Environmental Impact Assessment for Rawabi Community; • ESIA for Hebron Solar Photovoltaic (PV) project; • Environmental and Social Impact Assessment (ESIA) & Environmental and Social Management Plan (ESMP) for Gaza Water Supply Rehabilitation and Expansion Project Gaza II Emergency Water Project (GEWPII); • Environmental and Social Impact Assessment (ESIA) for Gaza Solid Waste Management Project; • Environmental and Social Impact Assessment (ESIA) & Environmental and Social Management Plan (ESMP) for Gaza Water Supply and Sewage Systems Improvement Project (WSSSIP), including Additional Financing 1 (AF1); • USAID INP II GAZA Sustainable Water Supply Program Environmental Assessment Report. 3.3 Environmental and Social Management Plan (ESMP) 3.3.1 Objectives and Features Environmental and social management plan (ESMP) is an instrument that details (a) the measures to be taken during the implementation and operation of a project to eliminate or offset adverse environmental and social impacts, or to reduce them to acceptable levels; and (b) the actions needed to implement these measures. ESMP is a section in bidding documents of the ECD subprojects, having construction activities, which is legally binding contractors to comply with environmental and social considerations. ESMP is prepared in compliance with the Palestinian environmental laws, Municipal bylaws and WB ESF. ESMP is considered the base of environmental and social management of the ECD construction subprojects and should have the following contents: • Short description of ECD; • Subproject Description; • Environmental and Social Legal Framework (Palestinian and ESMF); • Subproject ES classification and assessment; • A description of planned mitigation measures for identified risks, and how and when they will be implemented; • ESMP matric: The subproject activities and anticipated impacts and impacts’ significant are determined and mitigation measures are identified and summarized; • Environmental and Social Liabilities of Contractors; 22 | P a g e • Environmental and Social Grievance Mechanism; • Monitoring Program Responsibilities: The monitoring program should identify what information will be collected, how, where and how often. The people, groups, or organizations that will carry out the mitigation and monitoring activities are defined; • Capacity Development and Training: the ESMP can recommend specific, targeted training for project staff, contractor, and community groups to ensure the implementation of ES requirements. The ESMP must be integrated into the ECD subproject’s plan and design, budget, specifications, estimated costs, bidding documents, and contract/agreements clauses. 3.3.2 Environmental and Social Risk Classification and Assessment of Potential Risks and Impacts ECD project components especially that will be implemented in connection with MOH and MOSD include activities having mainly no risks/impacts but rather positive environmental and social impacts. These components include service delivery types of activities or supply of equipment and do not include infrastructure construction and/or waste management aspects. They include capacity building and in service training programs, technical design of PPP modality, establishing system that ensures the application of quality standards and quality assurance in public and private providers, parental education to promote early stimulation, and establishing a Multi-Sectoral Information Management System for ECD. For the equipment to be purchased for the MOH including hearing test equipment, congenital cataract equipment (indirect Ophthalmoscope, direct Retinoscopy, handheld Auto Refracto-Kerato meter, and Neonatal incubators), and detailed Ultrasound for testing fetal organs to enhance the quality of antenatal care, neither these equipment use or produce any type of waste or medical waste nor use or produce any harmful radiations. The environmental and social impact for these project activities is classified as positive. However, ECD subprojects under Component 2.1”Expanding Access to Kindergarten 2 (KG2)” include construction activities that are likely to have negative environmental and social impacts. This section provides guidelines for ESRC and assessment of potential risks for subprojects particularly under Components 2.1 where construction is envisaged. As the locations for the subprojects have not yet been identified at this stage, it is important to have the appropriate tools in place to carry out classification and assessment processes. Environmental and Social Risk Classification (ESRC) According to WB ESF classification, four levels were identified: High Risk, Substantial Risk, Moderate Risk or Low Risk. In determining the appropriate risk classification, the following relevant issues are applicable including (i.) the type, location, sensitivity, and scale of the project; (ii) the nature and magnitude of the potential environmental and social risks and 23 | P a g e impacts; (iii) the capacity and commitment of the Borrower (including any other entity responsible for the implementation of the project) to manage the environmental and social risks and impacts in a manner consistent with the ESSs (iv) any other risks. i. Type, location, sensitivity and scale of the project including the physical considerations of the project Although the specific information of the physical investment on the ECD construction subprojects, i.e. size and location, are unknown, it is clear that the total size of the subproject is to be small to medium. The expected features of subprojects suggest that impacts described in ESS1 is at Moderate scale of a few hundred square meters. The environmental baseline in the project area is overall not sensitive or vulnerable, with project implementation expected to affect mainly areas with existing human habitat and infrastructure footprints. Therefore, the environmental risk for this project is classified as Moderate. ii. Nature and magnitude of the potential ES risks and impacts (e.g. whether they are irreversible, unprecedented or complex). The adverse environmental and social impacts of the project in construction stage include noise, dust, solid waste and wastewater, labor and community health and safety, and traffic safety. In the operation stage, the project will increase traffic and need maintenance to ensure sustainability. These impacts in operation stage are expected to be at limited magnitude given the overall size of the project. The environmental impacts are moderate, site-specific, predictable and/or reversible. These adverse impacts can be readily and reliably managed through the environmental management hierarchy. Per the ESF, the environmental risk for this project is classified as Moderate. iii. Capacity and commitment of MOE to manage risks and impacts in a manner consistent with the ESSs. The MOE will closely coordinate efforts with the Ministry of Health and Ministry of Social Development for the implementation of specific activities related to the health and social sectors. The PCU and PMU role in the three line Ministries in the past has been limited to provide oversight and monitoring of the procurement and financial management of the projects and the PCU and PMU are staffed mainly with qualified financial and procurement specialists, given the fact previous projects have been category “C” according to OP 4 .01 with no activities of significant environmental impacts. Therefore, there are no environmental or social specialists onboard the PCU and the existing staff has little or no previous experience in the Social or Environmental Safeguards or the new Bank’s ESF framework. Given these facts, the environmental and social risk for this project is classified as Moderate. Environmental and social capacity assessment and required capacity building are described in section 2 which call for the importance of recruiting ESO and establishing ESMS at MOE. 24 | P a g e Applicability of WB ESSs and risk assessment As mentioned before, ECD subprojects’ activities under component 2.1 which are related to building new classrooms and refurbishment existing classrooms/spaces in public primary schools, negative impacts might occur during the construction and operation phases. ESO at MOE will conduct the environmental and social assessment of the subproject which are often site-specific to assess the environmental and social risks and impacts of the project. The potential application of the World Bank ESSs should be assessed during the preparation of the subproject prior to appraisal; and if likely to be applicable, appropriate measures will be designed and applied. The assessment will be proportionate to the potential risks and impacts of the subproject, and will assess, in an integrated way, all relevant direct, indirect and cumulative environmental and social risks and impacts specifically identified in ESSs1-10. Based on preliminary identification of ECD subproject construction activities, the objectives and core requirements of applicable ESSs as required by ESF are stated in Annex 3. Description of the potential environmental and social risks and impacts relevant to the ECD construction subprojects are as follows: ESS1 Assessment and Management of Environmental and Social Risks and Impacts: The project has education and health components which include activities of construction and rehabilitation of KG classrooms in schools, possibly supply of furniture, play areas and kitchen, and supply of equipment to improve health care to mothers and infants in selected clinics. Those activities entail construction risks, community, and labor OHS risks that need to be managed. The construction activities will most likely be conducted by local contractors and labor management aspects are discussed further under ESS2. The community health and safety will be further assessed in ESS4. It is unlikely the project will involve land acquisition; more details will be given under ESS5. Details on stakeholder engagement, consultations, and GRM will be addressed under ESS10. The risks associated with this kind of activities are generally Moderate as mentioned before. During implementation, site-specific ESMP shall be prepared as necessary once the exact construction location of these facilities have been identified. West Bank and Gaza’s Environmental and Social Framework is not being proposed to be applied in whole or in part for this project. The EIA policy of the PA coincides with most of the provisions of ESS1. However, projects are categorized either with high environmental impacts where a full-fledge EIA is required by the Environment Quality Authority, or minor impacts where an elementary environmental assessment is required. The scope of coverage of EIA depends on the type of the project, however, several aspects covered by the Bank ESSs are not covered, particularly the social impacts. An Environmental and Social Commitment Plan (ESCP) need to be developed in agreement with the Bank to set out a summary of the material measures and actions for mitigation and monitoring. The ESMF will be publicly disclosed in the affected areas prior to appraisal. 25 | P a g e ESS2 Labor and Working Conditions Direct Workers employed directly by the client for project implementation and contracted workers for implementation of civil works in KGs/schools and clinics will be involved in the Project activities. Potential labor risks are associated with component 1 and subcomponent 2.1 of the Project. Key Labor Risks: It is assessed that key labor risks associated with the Project are: • Exposure to construction/refurbishment activities including noise and dust, falling and falling objects, exposure to hazardous materials and exposure to electrical hazards from the use of tools; • Operation of medical equipment (mainly monograms and general stats monitoring equipment such as indirect Ophthalmoscope, direct Retinoscopy, handheld Auto Refracto-Kerato meter, and Neonatal incubators); and • Gender-Based Violence (GBV), Sexual Exploitation and Abuse (SEA), and child Abuse/Exploitation (CAE) risks. The risk on this aspect is fairly high given the construction sites are distributed over the entire West Bank and in some cases could be remote. The construction activities of the Project will be conducted via local contractors. The provisions of this ESS2 will apply to these contracts and will be part of the bidding documents and specifications, particularly the OHS aspects to construction workers and operators of healthcare equipment. Risk associated with current labor and working conditions is classified as Moderate. Labor Management Procedures (LMP) is prepared to set out the Project’s approach to meeting national requirements as well as the objectives of the Bank’s Environmental and Social Framework, specifically objectives of En vironmental and Socials Standard 2: Labor and Working Conditions (ESS2) and Standard 4: Community Health and Safety (ESS4). It enables different project-related parties including direct workers, contractors and sub-contractors and contracted workers, to have a clear understanding of what is required on a specific labor requirements. ESS3 Resource Efficiency and Pollution Prevention and Management This project will not consume large amount of energy and/or raw materials. This project will not produce toxic waste but general wastes, such as spoils, debris, and wastewater. Proper measures for safe disposal of waste during construction and operation phases is determined in the ESMF. The operation of supplied medical equipment for the MOH including hearing test equipment, congenital cataract equipment (indirect Ophthalmoscope, direct Retinoscopy, handheld Auto Refracto-Kerato meter, and Neonatal incubators), and detailed Ultrasound for testing fetal organs to enhance the quality of antenatal care, neither these equipment use or produce any type of hazardous waste nor use or they produce harmful radiations. 26 | P a g e ESS4 Community Health and Safety The construction activities for KGs/Schools classrooms (new, extension, and refurbishment) will take place within the existing footprint of schools, most likely during schooling year. The increased traffic of vehicles transporting equipment and materials on the roads near the communities may pose safety impacts. All impacts and mitigation measures to ensure safety of school kids and the surrounding communities including traffic management plan to prevent any accidents or injuries will be developed by contractors. All construction materials, paintings, electrical and mechanical equipment, playgrounds, shall comply with safety standards for school kids. ESS5 Land Acquisition, Restrictions on Land Use and Involuntary Resettlement: At this stage, ESS5 is not expected to be relevant to the ECD project. The expansion of KG classrooms in schools will be done within the existing footprints of schools, no land acquisition is expected. ESS6 Biodiversity Conservation and Sustainable Management of Living Natural Resources ESS6 is not relevant to this project given the fact project activities are conducted in urban areas, within the existing footprints of schools. No Forests or natural habitats will be affected by the project activities. However, given the coverage of the project and the fact that not all schools are identified, there could be schools need new land to expand. If the mapping exercise proved this scenario, the impacts on natural habitats will be assessed during the preparation of ESMP. ESS7 Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities At this stage, this ESS7 is not expected to be relevant to the project as there is no Indigenous People (IP) present in the project area. However, considering the project will be national wide and Bedouins are internationally recognized as IP, the project may cover Bedouin communities. This will be confirmed by the social assessment and in case the Bedouin community is present in the project area, an Indigenous Peoples Plan will be prepared. ESS8 Cultural Heritage At this stage, ESS8 is not expected to be relevant to the project, project activities are unlikely to pose risk to physical cultural property. However, in the course of project implementation a chance find may occur whereby historical and cultural property is inadvertently found. Chance Find Procedures clauses for avoiding potential impacts will be inserted into the civil works contracts to ensure that the necessary measures are in place during construction phase of subproject. Contractors are to abide to Chance Find Procedures which are described in Annex 4. 27 | P a g e ESS9 Financial Intermediaries ESS9 is not expected to be relevant to the project given the fact that all ECD project activities will financed by the Bank and will be implemented by the three line Ministries and no FI are involved. This will be confirmed by the environmental assessment. ESS10 Stakeholder Engagement and Information Disclosure Consultation According to WB ESF, ESS10 is applicable for all projects therefore ESS10 is relevant to the Project. Accordingly meaningful consultations with the involved stakeholders and communities should be conducted. Beneficiaries and stakeholders involved in ECD project, depending on involved Ministry, include pregnant women, children up to age 5, caregivers, parents, teachers and students at schools, nearby affected people from the community, the three Ministries including MOE, MOH, and MOSD who are involved in the project implementation, and private sector providers of KGs/Schools. Consultations with the three Ministries and representatives from the Bank were carried out during preparation of the ESMF to get their input and feedback on environmental and social management of the ECD project including identification of risks, capacity to manage the risks in terms of staff and institution. The meetings were held at the Ministries’ offices during the mo nth of January 2019 with key persons from D.G. of Buildings, D.G. of Public Health, and PCU and PMU in the three line Ministries. The consultation is incorporated when preparing this ESMF. Summary of consultation meetings and attendance sheets with the three Ministries are enclosed in Annex 3. Stakeholder Engagement Framework (SEF) Since the exact sites of KGs/Schools are not yet determined, Stakeholder Engagement Framework (SEF) is prepared by MOE and MOH which includes and describes the range of information to be provided to and sought from stakeholders, the timing and methods of engagement, the main characteristics and interests of stakeholders, as well as different levels of engagement, and appropriate consultation to be taken into account. The SEF also includes and describes the grievance mechanism required. The strategy adopted in the SEF includes: (i), public meetings to inform project stakeholders about the project’s objectives and get feedback from the local community , including providers and users of the education and health services, among others; (ii) meetings to be held in the suitable locations to ensure access to vulnerable groups; (iii) consultation meetings to be held with stakeholders throughout the project life cycle. For Ministry of Health, public meetings will be held with pregnant women, parents and children as well public and UNRWA health providers. For the Ministry of Education, workshops will be held in schools prior to construction, to raise awareness among students, teachers, parents, and administration on risk management during construction in schools, and how to deal with emergencies. 28 | P a g e Stakeholder Engagement Plan (SEP) SEF will be updated and developed to Stakeholder Engagement Plan (SEP) in accordance with the terms of the ESF once the subproject location is defined. During preparation of the SEP, MOE and MOH will provide stakeholders with the following information, as early as possible, and in a timeframe that enables meaningful consultations with stakeholders on project design: the purpose, nature and scale of the project, duration of proposed project activities, potential risks and impacts of the project, proposed stakeholder engagement process, and process and means by which grievances can be raised and will be addressed. The existing GRM at MOE and MOH should also be improved to comply with the requirement of ESS10. Discussion about GRM is present in section 5.3. Annex 4 provides a tool and guideline for ESRC and applicable ESSs that should take place at an early stage of subproject cycle and be prepared by ESO when the exact site of construction is identified. 3.3.3 Summary of ECD subprojects’ Environmental and Social Risks and Impacts Summary of activities associated with construction and operation phases Table (2) summarizes the expected subproject activities during construction and operation phases and the identified potential risks on the significant environmental and social issues. 29 | P a g e Table 2: Project Activities and Potential Impacts during Construction Phase Significant Environmental and Social Issues Community OHS1 Socio-economic Archaeology Project Activities Air Quality Labor and Accidents Traffic Noise Construction phase Excavation and Earthwork x x x x x x Heavy Machinery Operation x x x x x Construction of KGs/Schools x x x x Waste Disposal (solid, liquid, x hazardous, etc.) Wastewater Disposal x Transportation x x x x x Operation phase Transportation x x x x x Wastewater x Solid waste x Sustainability x x Summary of potential risks Table (3) summarizes the risks and impacts estimated based on the general information available at this stage of the project as described in the previous section. Later and after subprojects are identified, this Environmental and Social Evaluation Matrices (ESEMs) can be modified to accommodate the site-specific conditions. 1 Including community, workers, and students at KGs/Schools 30 | P a g e Table 3: Main ES Risks for New, Extension, and Refurbishment KGs/Schools Risks and Impacts Environmental and Social No. No Risk Low Risk Moderate Component Risk Construction phase 1 Existing public services x 2 Air quality/Dust × 3 Noise × 4 Students health and safety x 5 Community health and safety × 6 Workers health and safety × 7 Socio-economic2 x 8 Traffic × 9 Water resources × 10 Construction waste x 11 Aesthetic x 12 Archaeology x 13 MOE ESMS x 14 Procurement among Ministries x 15 Labor and working conditions x 16 Existing GRM x Operation phase 1 Traffic x 2 Wastewater x 3 Solid waste x 4 Sustainability x 3.3.4 Environmental and Social Capacity Assessment of MOE Current D.G. of Buildings Main Tasks The main tasks of D.G. of Buildings are: • Implementation of the general policy of the Ministry and the planning and construction of school and administrative buildings and other educational projects. • Working to provide the requirements of the educational policy in cooperation and coordination with the concerned authorities inside and outside the ministry. • Representing the Ministry in communicating and negotiating with donor countries regarding school building projects, and continuing research to obtain funding for the implementation of projects for school and educational buildings. 2 The negative socio-economic issues referred to in this table include loss of land, asset, livelihood, lack of access to business’/residences during construction, influx of labor, community level conflicts resulting from project interventions, etc. 31 | P a g e • Participate in the assessment and identification of the needs and priorities of the school buildings, and the preparation of specifications and standards that are adapted to the requirements of the Ministry and in line with the global policies in education. Current Structure of D.G. of Buildings D.G. of Buildings have 17 Engineers at the Headquarter office in Ramallah and 2 Engineers in each Governorate of the West Bank. D.G. of Buildings comprises of three departments and subsections under each department (depicted in Chart 1) as follows: • Department of Design and Engineering Supervision o Engineering Design Section o Supervision and follow-up Section o Documents and Contracts Section o Measurements Section • Department of School Building Services o Follow-up directorates Section o Maintenance Section o Land and Acquisition Section • Department of Engineering Studies o Projects Preparation Section o Engineering Studies and Planning Section 32 | P a g e D.G. of Buildings Southern Governorates General Director Northern Governorates Department of Design and Department of School Department of Engineering Supervision Building Services Engineering Studies • Engineering Design Section • Follow-up directorates • Department of • Supervision and follow-up Section Engineering Studies Section • Maintenance Section • Projects Preparation • Documents and Contracts • Land and Acquisition Section Section Section • Engineering Studies • Measurements Section and Planning Section Land acquisition and Chart 1: Institutional licensing Dept. Structure of D.G. of Building Environmental and Social Capacity Assessment According to the mandate and main tasks mentioned above, D.G. of Buildings is not responsible for construction/rehabilitation activities of projects. However it is responsible for preparation of project bidding documents and project management including monitoring and supervision. Project technical designs, preparation of specs, and BOQs are prepared by outsourcing external engineering firm/office registered and accredited by the Engineering Association. In conclusion, D.G. of buildings will not be responsible for design and preparation of subproject documents but it will be responsible for monitoring and supervision of the subproject including the ES issues. While the external engineering firm/office, in addition to the design and preparation of subproject document, will be responsible for implementation of the ESMP of the ECD subprojects. To this end, assessment of the organizational structure and capacity of D.G. of buildings is carried out to determine the capacity building needed to ensure that the MOE has the staff, skills, equipment and system to manage and supervise the ESMF and ESMP and the needs to strengthen its capacity. The criteria for assessment are as follow: • Presence of full-time engineer to daily supervise the subproject, with the experience to fully manage environmental and social considerations; 33 | P a g e • Presence of a supervision engineer for each subproject sector, with the experience in managing projects environmentally and socially; • Presence of a dedicated safety engineer who monitors environmental impacts; • Presence of functioning and documented system to screen subprojects for environmental impact assessment, according to WB or EQA criteria; • Presence of a written Occupational Safety and Health (OSH) policy for its staff; • Presence of a functioning and documented system to keep track of site visits during construction; • Presence of a clause, or clauses, which provide legally binding environmental management guidelines in subprojects; and • Presence of a complaints mechanism, which is well-known to all citizens. Capacity Risk Assessment Table (4) depicts the capacity risk assessment of D.G. of Buildings/MOE to manage the environmental and social risks and impacts. Table 4: Capacity Risk Analysis Stage Risk Risk Level Mitigation Presence of ES There is no ES staff Substantial Appoint ESO staff present in D.G. of buildings Environmental D.G. of Buildings has no Moderate Train ESO on environmental and and Social previous experience in social aspects Classification conducting and environmental and social Assessment classification ESMP D.G. of Buildings is to Moderate Train ESO to do so verification introduce site specific impacts, mitigation into the ESMP, in addition to ensure inserting ESMP, compliance annexes into bidding document Environmental Potential noncompliance Moderate Penalties will be imposed on and social of contractor to ESMP contractor management guidance during construction, contractor engineer is not 34 | P a g e Stage Risk Risk Level Mitigation considering environmental management during construction. In cases where complaints Presence of unsolved raised to MOE regarding complaints contractor noncompliance, auditing revealed noncompliance Presence of D.G. of Buildings has no Moderate Establish ESMS at D.G. of ESMS ESMS Buildings Presence of D.G. of Buildings has Moderate D.G. of Buildings already have OHS previous experience in OHS guidelines conducting OHS Capacity Assessment Results The assessment revealed that there are neither environmental specialist nor ESMS are present to implement the ESMF and ESMP. MOE should appoint full time ESO to assist the PCU carrying out the day-to-day activities in relation to the ECD project cycle. The duties and responsibility of ESO are: • Carry out classification for all ECD’s proposed projects and define the environmental and social risk assessment; • Review and assess the environmental and social feasibility of the proposed subprojects; • Support in designing ESMP for proposed subprojects, where needed and make the necessary reviews; • Carry out supervision and monitoring activities during project implementation; • Hold field visits to projects sites to ensure compliance with the environmental and social safeguard procedures; • Liaise with key stakeholders and contractors; • Liaise with the appropriate officials from the Department of Antiquities at the MoTA where needed. 35 | P a g e Required Capacity Building The newly appointed officer is to attend capacity building programs that will ensue gaining sound knowledge in the World Bank ESF, as well as supporting MOE in their efforts to comply with these procedures. The proposed training and capacity building for PCU and ESO shall cover the following topics: • Environmental and social screening; • Preparation of ESMPs; • Implementation of ESMPs during construction and operational phases; • OHS; • GRM; • Environmental and social monitoring and reporting. The D.G. of Buildings will liaise with contractors to ensure identification of the ESMF and ESMP within the pre-bid meeting. Table (5) shows proposed seminars/workshops that seen to be held for the different target groups during the project implementation stages. Table 5: Proposed Workshops/Seminars for Target Groups Target Group Workshop/ Seminars By Whom Notes Beneficiaries ▪ An orientation session on ESO and contractor liability, health and Stakeholders safety measures, ESMP ▪ A training on complaints mechanism A seminar concerning: ESO As part of ▪ The use of the mitigation form implementation Contractors and environmental and social stage preparation in guidelines. project pre-bid ▪ The implementation of mitigation meeting measures. 3.3.5 Example of ESMP Environmental and social risks and impacts during construction and operational phases of ECD construction subprojects are described according to the WB ESF in the previous section. Mitigation measures which will effectively address potential risks and impacts and implementation and monitoring responsibilities for mitigation measures are identified. 36 | P a g e Based on that, generic ESMP matrices (Annex 5) is produced and should be modified after exact location and detailed information of the subproject are identified. Contractors will be responsible for implementing the ESMP during the construction phase, which also includes, the environmental and social guidelines to be followed by contractor (Annex 6) for contractors. ESMP and environmental requirements for contractors are legally binding and are to be included in the bidding documents and contracts for the ECD construction subprojects. Contractor’s commitment of environmental and social compliance and penalties is presented in Annex 7. ESO/MOE is responsible for monitoring contractors’ compliance to ensure overall compliance during the construction and operational phases of the projects. 3.3.6 ESMF Cost Implication The cost of mitigation measures of the ESMP, which is part of the project tender documents, will be included in the BOQ and the Bidding documents. Example of mitigation measures’ costs including: • Costs of dust suppression during excavation works and costs of monitoring noise during construction (shall be calculated based on the frequency of monitoring and cost of equipment); • Costs of installing erosion control measures shall be estimated as part of the engineering costs; and • Cost of clean-up and disposal of construction debris and waste. The costs will be included in the subproject contract financed by the Grant. This is estimated to cost on average around 2-3% of the ECD’s project Grant. The estimated cost for ESMF implementation, shall cover costs related to stakeholder trainings, and hiring and training of ESO, and hiring LTC to support MOE in the implementation of the ESMF. The cost associated with implementing the ESMF and monitoring of environmental and social risks associated with the project is estimated at 165,000 $. Table (6) presents an indicative budget for the actions of ESMF implementation covering (i) cost of hiring ESO, (ii) cost of training, (iii) cost of orientation seminar for contractors, and cost of LTC. 37 | P a g e Table 6: ESMF Cost Estimate Activities Quantity Unit Rate Total ($) ($) Remuneration of ESO 483 3,0004 144,000 Capacity Building for ESO by LTC 1 6,000 6,000 Training Beneficiaries and When required ESO - Stakeholders Environmental orientation 1 6,000 6,000 Seminar for contractors Environmental and social 1 3,000 3,000 management cost under LTC contract ESMS establishment at D.G. of 1 Will be covered -Once the ESO is Buildings by MOE in place there is no additional cost for establishing the ESMS Miscellaneous 6,000 6,000 Total 165,000 3.4 Management & Reporting The project will work with 36 school distributed throughout the West Bank; the focal point of contact is planned to be the building department at MOE; who will assign several local engineering offices to implement the needed construction of KG in targeted schools. The engineering offices will be in charge of design and implementation, which in total will take around 4 months (expected from March to August 2020). The PCU will assign an ESO to monitor and be the connection between all involved parties, and to supervise that the engineering office and contractor’s work follow the OHS of the World Bank. The D.G. of Buildings will be responsible for the bidding process as well, and will issue the Terms of Reference (TOR) for application and will follow up on all application and make the selection of contractors. 3 Considering the ECD will have 48 months 4 including social charges and taxes 38 | P a g e At the design phase, Design plans, technical reports, bill of quantitates (BOQ), and other bidding documents will be submitted to the D.G. of buildings department at the MOE for review and approval. The MOE will make sure that all plans are made in accordance with local specifications. Chart 2 below shows the relationship between different parties who will be following the construction or refurbishments parts of the project. In addition, Table (7) shows the time expected for each construction/refurbishment site to be completed. Chart 2: Parties involved in construction/refurbishment activities D.G. Buildings Selecting Consulting Engineering & District Offices Offices Contracting Engineers Handover (Design & Supervision) Contractors Workers Table 7: Project Monitoring Plan Component 2.1: Construction/Refurbishment of KG/School classes Design phase Implementation phase & supervision Tendering for Implementati Each package construction Preparation documents Tendering of bidding Handover contracts on phase contract Middle, (North, Signing Sign of phase phase South Extension 2 1 4 2 1 7 1 months month months months month months month Refurbishment 2 1 4 2 1 7 1 39 | P a g e months month months months month months month Notes: • The entire project is divided into 3 parts by region (North, middle, south), each region need the above durations, so they should start in parallel to each other. Also, the above durations depends on the conditions of each school. • Implementation period at each site should not exceed 4 month. • Contractors should be reporting to supervision engineers (representing the consulting engineering office at each site), those in return will validate the reports technically and financially and submit to D.G. Buildings for final approval and action. • District engineers shall visit the sites regularly or as instructed by the D.G. Buildings and shall report directly to the D.G. Buildings. • The Handover of each site upon completion is usually done through a handover committee approved by the Minister and constitute of the D.G. Buildings, District Office and School principal and any other person as stated in the approved structure by the Minister. 40 | P a g e 4. Environmental and Social Liability of MOE Contractors With the aim of harmonizing the WB effort for managing the environmental and social activities financed by the Bank in Palestine, this section is adapted from the ESMF prepared for Municipal Development Program Phase III to suit the ECD project. This ESMF provides ESMP which is legally binding and is to be included in the bidding of ECD subprojects, so that potential bidders are aware of environmental and social performance standards expected from them and are able to reflect that in their bids. ESMP include environmental and social management guidelines for ECD contactors; to be implemented also as per stated in Annex 6. Furthermore and in compliance with the Palestinian labor law, contractors are responsible on complying with health and safety requirements where they are to provide insurance for construction labors, and staff attending to the construction site, citizens for each subproject. Monitoring of these components is integrated in bidding evaluation, and site visits reports. Presence of labor influx or labor camp is not expected due to the small size of ECD subprojects where short-term jobs are provided. The environmental and social management of the construction works become essential parts of a works contract upon its conclusion and their implementation is mandatory for a contractor. MOE, as the owner of construction works, will be responsible for enforcing compliance of contractor with the terms of the contract, including adherence to the ESMF and the subproject ESMP. The following procedures prevail, in addition to ESO/supervisor engineer judgment: ▪ Deduction of environmental noncompliance will be added as a clause in the Bill of Quantities (BOQ) section, referring to annex in the bidding document detailing the deduction procedures; ▪ Environmental penalties shall be calculated and deduction are to be included in each submitted invoice; ▪ Mitigation measures in ESMP is the reference for environmental notes and penalties; ▪ Each impact depicted in the ESMP if not properly mitigated to be counted an environmental/social note; ▪ For minor infringements and social complaints, an incident which causes temporary but reversible damage, the contractor will be given environmental and social note/stop and alert to remedy the problem and to restore the environment. If reviewing the action by ESO/Supervisor Engineer showed that restoration is done satisfactorily no further actions will be taken; ▪ For social notes: ESO/Supervisor Engineer will stop and alert the contractor to remedy the social impact, ESO/Supervisor Engineer will follow the issue until solved. 41 | P a g e If contractor didn’t comply to remediation request, stop will be considered under no excused delay; ▪ If the contractor hasn’t remedied the environmental impact during this given time, ESO/Supervisor Engineer will: o stop the work and give the contractor an environmental and social note correlated to financial penalty according to the non-complied mitigation measure depicted in the biding document and the following procedures for National Competitive Bids and Shopping Bidding Documents; o ESO/Supervisor Engineer after the given time frame are to review the action, if engineer sees that restoration is done satisfactorily no further actions will be taken, otherwise and if Contractor hasn’t remedied the situation within 1 day any additional days of stopping work will be considered no excused delay; ▪ When ESO/Supervisor Engineer issue an environmental/social note, it might depict one or more environmental penalty; and ▪ If repeating the noncompliance to ESMP penalties approached (3-5) % of the contract value, ESO/Supervisor Engineer will raise the formal recorded environmental and social notes and the deduction history to MOE in order to take a legal action. Considering that bidding document include environmental penalty in the BOQ, ESMP and deduction procedures in annexes and referred to in particular conditions. 42 | P a g e The form of the environmental/social note: Environmental and Social Note No ( ) MOE Date Project Name Site Location Contractor The Environmental Note ESO/Supervisor Engineer Contractor Representative on time of note Submitted to Contractor Representative Hour Date Procedures for National Competitive Bids and Shopping Bidding Documents: As mentioned above, environmental and social notes might contain one or more environmental penalty applicable for deduction. ▪ For social notes: stop and alert the contractor to remedy the action; ▪ For environmental notes: refer to the ESMP for the note to verify how many notes illustrated in the note; ▪ Deduction rate starts with 0.1% of contract value; and ▪ Deduction rate increase by 0.05% of the contract amount after each fifth note. 43 | P a g e For National Competitive Bids: ESMP Compliance Penalty for National Completive Bids ESMF Compliance Penalty Environmental and No. Penalty Social Note 1 1 Stop and alert Stop and deduct 0.1% of the contract amount for each 2 2+3+4+5+6 mitigation measure in the environmental note. Minimum amount of deduction is 180 $. Stop and deduct 0.15% of the contract amount for each 3 7+8+10+11+12 mitigation measure in the environmental note Minimum amount of deduction is 270 $. Each 5 notes + deduction would be: N= percentage of deduction of (N-1) + (0.5* percentage of deduction of (N-1)) 3+1 Next five notes For example: Stop /Deduct 0.1%+0.05(0.1%) of the contract amount for each mitigation measure in the environmental note. Minimum amount of deduction is 360 $. If penalty rate approach 5% of contract cost it is 5 Note +1 recommended to stop work and take action according to bidding documents. Deduction is to be calculated by ESO who is to consider the environmental Note (N), and the deduction for N. Deduction for N= [percentage of deduction of (N-1) + (0.5* percentage of deduction of (N- 1)]* contract Amount. If Penalties Rate approach 5% of Contract cost its recommended to stop work, and take action according to bidding documents. Municipality can decide if a mitigation measure has a significant impact and might municipality require setting its noncompliance penalty rate based on its significance. For Shopping Bidding Documents: ▪ For social notes: stop and alert the contractor to remedy the action; ▪ For environmental notes: refer to the ESMP for the note to verify how many notes illustrated in the note; ▪ Deduction rate starts with 0.1% of contract value; and 44 | P a g e ▪ Deduction rate increase by 0.05% of the contract amount after each fifth note. ESMP Compliance Penalty for Shopping Bidding Documents ESMF Compliance Penalty Environmental and No. Penalty Social Note 1 1 Stop and alert Stop and deduct 0.1% of the contract amount for each 2 2+3+4+5+6 mitigation measure in the environmental note. Minimum amount of deduction is 48 $. Stop and deduct 0.15% of the contract amount for 3 7+8+10+11+12 each mitigation measure in the environmental note Minimum amount of deduction is 72 $. Each 5 notes + deduction would be: N= percentage of deduction of (N-1) + (0.5* percentage of deduction of (N-1)) 3+1 Next five notes For example: Stop /Deduct 0.1%+0.05(0.1%) of the contract amount for each mitigation measure in the environmental note. Minimum amount of deduction is 96 $. If penalty rate approach 3% of contract cost it is 5 Note +1 recommended to stop work and take action according to bidding documents. Deduction is to be calculated by ESO who is to consider the environmental Note (N), and the deduction for N. Deduction for N= [percentage of deduction of (N-1) + (0.5* percentage of deduction of (N- 1)]* contract Amount. If Penalties Rate approach 3% of Contract cost its recommended to stop work, and take action according to bidding documents. ESO can decide if a mitigation measure has a significant impact and might MOE require setting its noncompliance penalty rate based on its significance. 45 | P a g e 5. Environmental and Social Monitoring 5.1 Environmental and Social Monitoring MOE will monitor the environmental and social performance of the project in accordance with the ESCP to be prepared. A system and setup for ESO for environmental and social monitoring and reporting for subprojects will be developed at the MOE. Environmental and social monitoring will be an integral part of this system in the course of the subproject implementation. ESO will be responsible to instruct contractors on the compliance with the ESMP. ESO will conduct regular supervisory and environmental and social monitoring visits to verify contractors’ adherence to the requirements set out in ESMP and produce the required reports. Annex 8 provides duties and responsibility of MOE during project cycle. 5.2 Environmental and Social Management Reporting During construction phase of construction subproject, ESO fills the prepared environmental and social forms in Annex 9 (a.) for site visit reports, (b.) for monthly/quarterly reports, and project final report. Frequency of reporting should be determined based on project size, complexity, and duration. These forms include detailed reporting of the status of environmental and social performance under the ECD project, including overview of deviations/violations of ESMP encountered over the report period, deviations/violations of environmental and social management guidelines for contractors, instructions given to contractors for addressing noncompliance and identified issues, and follow-up actions on revealed matters. Furthermore, ESO will use the Environmental form in Annex 9 to facilitate comparing environmental and social mitigation measures recorded in the appraisal stage and what has been implemented on ground. ESO’s reports will include also documentation of meetings and agreements with affected people, contractor’s action during construction stage, summary of site visits, environmental and social training and on-job training for the workers, summary of the raised environmental and social issue, ES notes, and complaints and how complaints have been followed. Moreover, ESO will verify the presence and application of health and safety measures. Regarding workers’ insurance, it will be checked during bidding evaluation process, where in case of accident during subproject implementation, based on contractor’s reports and ESO’s reports, ESO is to report what the accident was, when it occurred, how the citizen or worker was treated following the insurance procedures. Contractor’s report will include any changes in public service on shop drawings, hazards or accidents within the project site and their resolution procedures, workers’ grievances and 46 | P a g e their resolution, chemical transport and storage log sheets, log of all disposed items and location of disposal, and spill accidents and any formation of stagnant water pools. 5.3 Grievance Redress Mechanism (GRM) In Palestine, The right of the public to complain in Palestine is ensured by the grievance bylaw approved by the Ministerial Cabinet on 2005 and updated on 2009. The Bylaw sets the rules for grievance of the public and the improving the performance of the Palestinian Ministries and Authorities. WB ESF requires to implement a grievance redress mechanism (GRM) to receive and facilitate resolution of affected peoples’ grievances about the project’s performance, including concerning environmental and social impacts and issues. There is a Complaints Unit at the Ministry of Education and at the Ministry of Health. The units are part of the ministries’ organizational structure and administered by Heads of Unit and equipped with trained staff. The Complaints Unit work is regulated by the Council of Ministers Decision No. (8) of 2016 and by the Procedure Manual No. (20/17) of 2017. Both documents are made public and published in Arabic on the ministries’ websites. The PCU and PMU at both ministries shall customize the pre-existing complaints system to meet the project needs. PCU and PMU shall inform the stakeholders on their rights and the GRM system during stakeholder engagement activities, and shall keep log of the complaints at hand. MOE and MOH has prepared a draft GRM manual in accordance with the terms of ESF. The draft GRM manual is annexed to SEF document prepared by both Ministries. Checklist for good practice GRM which illustrates the requirements of the ESSs is presented in Annex 10. The process reads as follows: Processing of grievances 1- Citizen submits their written grievance to MOE. Citizen must receive a receipt. 2- Reply to grievance shall be in time less than 14 days. 3- The grievances unit pursues with the grievance following the procedures as indicated in the checklist. 4- Employee in charge of handling the grievance submitted the grievance to a specialized grievance unit, the unit must submit its response to grievances within three a week at most. 5- Grievance feedback shall be communicated with complainant by telephone, fax, email, or in written. Feedback/grievance monitoring and recording MOE shall keep log for grievances and how complaints were resolved within a stipulated time frame and then produce monthly reports for senior management. Grievances/feedback reports include data on numbers of grievances/feedback received, 47 | P a g e compliance with business standards, issues raised in grievances/feedback, trends in grievances/feedback over time, the causes of grievances/feedback, whether remedial action was warranted, and what redress was actually provided? MOE shall also make sure that the GRM and the complaint system is applied properly according to the related laws and regulations and grievances/feedback made public periodically. 48 | P a g e 6. Annexes Authority Land Acquisition: Palestinian Authority Land Acquisition The compensation amount and the price of a property are estimated by an official Land Valuation Committee (LVC), represented by at least three ministries from Ministry of Finance (MoF), MoLG, Palestinian Land Authority (PLA) and Ministry of Public Works and housing (MoPWH). LVC can consult other institutions, authorities or experts from the private sector to ensure the market price. If case of dispute between landowner and LVC, either party may refer the dispute to the court. The court will determine the amount of compensation or usufruct right based on the following criteria: • The market price based on adjacent lands of the same kind; • Damages caused to the values of the land; • Damage incurred as a result of separating the acquired land from any other land belonging to landowner. The law empowers the court with the jurisdiction to consider all lawsuits, hear all contradictory litigation and any claims made to the subject. The compensation is then paid by the MoF. If the landowner is not available or refuse to take the compensation, an account is opened in the name of the owners and the compensation is deposited in this account. 49 | P a g e Annex 1: Applicable WB ESSs The ESSs 1-10 are designed to help Governments manage project risks and impacts, and improve environmental and social performance, consistent with good international practice and national and international obligations. The objectives and core requirements of the applicable ESSs to ECD construction subprojects are shown in Table (8). Table 8: World Bank ESSs and Core Requirements ESSs Objectives Core requirements ESS1: • Identify, assess, evaluate, and • The types of ES risks and impacts Assessment manage environment and social that should be considered in the and risks and impacts in a manner environmental and social Management consistent with the ESF assessment of • Adopt a mitigation hierarchy • The use and strengthening of the Environmental • Adopt differentiated measures Government’s environmental and & Social Risks so that adverse impacts do not social framework for the and Impacts fall disproportionately on the assessment, development and disadvantaged or vulnerable, implementation of world Bank and they are not disadvantaged financed projects where in sharing development benefits appropriate and opportunities • An Environmental and Social • Utilize national environmental Commitment Plan (ESCP), and social institutions, systems, developed in agreement with the laws, regulations and World Bank, that sets out a procedures where appropriate summary of the material measures and actions for mitigation and monitoring ESS2: Labor & • Promote safety and health at • Requirements for the Government Working work to prepare and adopt labor Conditions • Promote the fair treatment, management procedures non-discrimination, and equal • Provisions on the treatment of opportunity of project workers direct, contracted, community, and • Protect project workers, with primary supply workers, and particular emphasis on government civil servants vulnerable workers • Requirements on terms and • Prevent the use of all forms of conditions of work, non- forced labor and child labor discrimination and equal • Support the principles of opportunity and workers freedom of association and organizations collective bargaining of project • Provisions on child labor and 50 | P a g e ESSs Objectives Core requirements workers in a manner consistent forced labor with national law • Requirements on occupational • Provide project workers with health and safety, in keeping with accessible means to raise the World Bank Group’s EHSG workplace concerns • Requirement for a grievance mechanism ESS4: • Anticipate or avoid adverse • Requirements on traffic and road Community impacts on the health and safety, including road safety Health & safety of project-affected assessments and monitoring Safety communities during project life- • Requirements to assessment risks cycle associated with security personnel, • Promote quality, safety, and and review and report unlawful climate change considerations in and abusive acts to relevant infrastructure design and authorities construction • Avoid or minimize community exposure to project-related traffic and road safety risks, diseases and hazardous materials • Have in place effective measures to address emergency events • Ensure that safeguarding of personnel and property is carried out ESS5: Land • Avoid or minimize involuntary • Applies to permanent or Acquisition, resettlement temporary physical and economic Restrictions on • Avoid forced eviction displacement resulting from Land Use & • Mitigate unavoidable adverse different types of land acquisition Involuntary impacts from land acquisition or and restrictions on access Resettlement restrictions on land use • Prohibits forced eviction • Improve living conditions of • Requires that acquisition of land poor or vulnerable persons who and assets happens only after are physically displaced, through payment of compensation and provision of adequate housing, resettlement has occurred access to services and facilities, • Requires community engagement and security of tenure and consultation, disclosure of • Conceive and execute information and a grievance resettlement activities as mechanism 51 | P a g e ESSs Objectives Core requirements sustainable development programs • Ensure that resettlement activities are planned and implemented with appropriate disclosure ESS10: • Establish a systematic approach • Requires stakeholder engagement Stakeholder to stakeholder engagement that throughout the project life-cycle, Engagement & helps Governments identify and preparation and Information stakeholders and maintain a implementation of a Stakeholder Disclosure constructive relationship with Engagement Plan (SEP) them • Requires early identification of • Assess stakeholder interest and stakeholders, both project-affected support for the project and parties and other interested enable stakeholders’ views to be parties, and clarification on how taken into account in project effective engagement will take design place • Promote and provide means for • Stakeholder engagement to be effective and inclusive conducted in a manner engagement with project- proportionate to the nature, scale, affected parties throughout the risks and impacts, and appropriate project life-cycle to stakeholders’ interests • Ensure that appropriate project • Specifies what is required for information is disclosed to information disclosure and to stakeholders in a timely, achieve meaningful consultation understandable, accessible and • Requires an inclusive and appropriate manner responsive grievance mechanism, accessible to all project-affected parties, and proportionate to project risks and impacts 52 | P a g e Annex 2: Chance Find Procedures Contracts for civil works involving excavations should normally incorporate procedures for dealing with situations in which buried Physical Cultural Resources (PCR) are unexpectedly encountered. The final form of these procedures will depend upon the local regulatory environment, including any chance find procedures already incorporated in legislation dealing with antiquities or archaeology. For ECD construction subcomponents, chance finds procedures contain the following elements: 1. PCR Definition The definition of PCRs include any movable or immovable objects, sites, structures, groups of structures, and natural features and landscapes that have archaeological, paleontological, historical, architectural, religious, aesthetic, or other cultural significance. PCRs may be located in urban or rural settings, and may be above or below ground, or under water. 3. Recognition A clause on chance finds should be included in general specifications section of the bidding document of subproject. 4. Chance Find Procedures In case of accident findings of any antiquities or PCRs that might occur during the implementation of the subproject, the contractor must notify ESO/MOE who will immediately liaise with appropriate officials from MoTA. According to the applicable Jordanian Heritage law No. 51 for the year 1966, Article 15 MOE must stop the contractor and notify MoTA within 3 days to take necessary actions. In addition, the contractor should be familiar with the following “Chance Finds Procedures” in case accident chance find of any culturally valuable materials during excavation: ▪ Stop work immediately following the chance find of any possible archeological, historical, paleontological, or other cultural value; inform the ESO; ▪ Protect artifacts as well as possible using plastic covers; implement measures to stabilize the area, if necessary, to properly protect artifacts; ▪ Prevent and unauthorized access where finding occurred; and ▪ Restart construction works only upon the authorization of the relevant authorities. 53 | P a g e Annex 3: Stakeholder Engagement/Consultation Meetings Meeting No.1, Representatives from three line Ministries and the WB specialists and consultants 54 | P a g e General overview and brief information of ECD project was given by the Bank and consultant team. The team discusses the project components and introduces the objectives of the ESMF document, its components, potential risks and impacts, describing environment and social considerations, complaints mechanisms. In depth consultation is agreed to be carried out during the coming few days to further discuss the ESMF for the ECD project. Meeting No. 2, meeting with D.G. of Buildings Meeting Subject: ESMF for ECD project/stakeholder engagement and identification and assessment of risks Date: Jan 21, 2019 Venue: MOE Names: 1. Eng. Sai’d (Ahmad Adnan) Jawhari Head of supervision Department, D.G. of Buildings 2. Eng. Khawla Shehada, Head of Design Section, D.G. of Buildings 3. Ola Shawar, Civil Engineer Minutes • D.G. of Buildings stated that they don’t have the capacity (in terms of staff or ESMS) and time for preparation of ESMP, environmental and social management and monitoring of ECD project. • D.G. of Buildings do not design projects or produce project documents but rather they manage contracts and project implementation. • Design of MOE construction projects is carried out by external engineering firms/offices. • There is grievance system at MOE. • There is no grievance system between contractor and his workers. • Contract do not provide traffic plan during construction. • OHS is part of bidding document and MOE Contractors are legally binding to it. • MOE has technical guidelines and specification for construction of schools and classrooms. Meeting No. 3, meeting with MOSD Meeting Subject: ESMF for ECD project/stakeholder engagement in identification and assessment of risks Date: Jan 1st, 2019 Venue: MOSD Names: 1. Eng. Muna Awad, Procurement Specialist, PMU 2. Mohamad Alkarm, Early childhood protection Minutes • Mr. Alkarm highlighted the important role of MOSD in KGs sector including licensing, health issues, and civil defense activities. The ECD project could build on synergies with the Social Protection Enhancement Project which the World Bank finances. 55 | P a g e • ECD activities to be implemented by MOSD have no risks in contrary they provide positive impacts. • Eng. Muna has Master degree in environmental engineering and she worked previously with MDLF and UNRWA with experience in environmental and social safeguards. She could help in environmental and social management of ECD construction subprojects. Meeting No. 4, meeting with MOH Meeting Subject: ESMF for ECD project/stakeholder engagement and identification and assessment of risks Date: Jan 27, 2019 Venue: MOH Names: 1. Dr. Yaser Bozya, D.G. of Public Health 2. Eng. Muhanad Aqel, PMU 3. Dr. Sawsan Abo-Shari’a Minutes • For the equipment to be purchased for the MOH including hearing test equipment, congenital cataract equipment (indirect Ophthalmoscope, direct Retinoscopy, handheld Auto Refracto-Kerato meter, and Neonatal incubators), and detailed Ultrasound for testing fetal organs to enhance the quality of antenatal care, neither these equipment use or produce any type of waste or medical waste nor use or they produce harmful radiations. Meeting No. 5, meeting with PCU at MOE Meeting Subject: ESMF for ECD project/stakeholder engagement and identification and assessment of risks Date: Jan 27, 2019 Venue: MOE Names: 1. Eng. Nadine Njoum, PCU 2. Eng. Suha Khalili, PCU 3. Abeer Mashni, WB consultant Minutes • The major discussion point was raised on the potential risk associated with current structure setup in the three Ministries to handle the procurement process of ECD subprojects. • Discussion were made on institutional arrangement required to ensure effective implementation of ECD project including procurement process. 56 | P a g e Annex 4: ECD ESRC and Assessment of Potential Risks Section A – Basic Information Project Title: Project Type: Duration: ESO/MOE: Section B- Environmental and Social Risk Classification (ESRC) Is the project likely to have adverse environmental Environmental/Social and social impacts based on: High Risk, Substantial Risk, Moderate, Low Type (building new classrooms, extension, and refurbishment of existing classrooms) Location sensitivity or vulnerable (large, medium, small) Scale of the subproject footprint (large, medium, small) Is the project likely to have adverse environmental Environmental and social impacts based on nature and magnitude irreversible, unprecedented or complex of the potential ES risks and impacts? Social irreversible, unprecedented or complex Are there any other areas of risk that may be relevant? Section C- Applicability of ESSs and ES Requirements ESSs Applicable / Not applicable Requirement ESS1 No further action, ESMP ESS2 labor management procedures OHS GRM ESS3 Waste Management ESS4 Traffic and Road Safety Plan ESS5 GM ESS6 Identification ESS7 Consultation 57 | P a g e IPP ESS8 chance find procedures ESS9 ESMS ESS10 SEP (B) MITIGATION MEASURES What alternatives to the subproject design have been considered and what mitigation measures are proposed? What lessons from the previous similar construction subprojects have been incorporated into the project design? Have stakeholders and affected people been engaged and have their interests and knowledge been adequately taken into consideration in subproject preparation? (C) Classification and Conclusion Conclusion of the environmental and social classification: 1. No risk 2. Low risk 3. Moderate risk If accepted, and based on risk assessment, subproject preparation requires: 1. No further action 2. Completion of the Environmental and Social Management Plan 58 | P a g e Annex 5: Generic ESMP Matrices Potential Impact Mitigation Measures Operation/ Supervision Monitoring Responsibility Construction Phase Damage to existing ▪ Additional survey for potential sites Contractor Supervision Engineer ESO aboveground and underground ▪ Repair any damage occurs in coordination with the appropriate service provider public services (Water, ▪ Monitoring of site excavation Wastewater, electricity, etc.) Transportations of materials ▪ Ensuring that vehicles are loaded in such a manner as to prevent falling off or spilling Contractor Supervision Engineer Supervision and equipment to the work site of construction materials and by sheeting the sides and tops of all vehicles carrying Engineer/ESO mud, sand, other materials and debris Dust generated by construction ▪ Monitor the excavations Contractor Supervision Engineer Supervision activities ▪ Applying (spraying) water where possible Engineer/ESO ▪ Avoid work during windy days ▪ Covering the construction area very well ▪ Covering the transportation trucks ▪ Monitoring and maintaining equipment from emissions or fumes Traffic congestion and increase ▪ Proper scheduling of any risky activities Contractor Supervision Engineer Supervision the risk of accidents ▪ Ensure placing proper traffic signs to ensure proper routing and distribution of traffic Engineer/ESO ▪ Closure of work site and limit access to verified personnel only Construction waste generated ▪ Clear site management plans and dumping at proper and approved sites Contractor Supervision Engineer Supervision and left in site Engineer/ESO Improper disposal of generated Ensure that the facilities are connected to either wastewater network and if not Contractor Supervision Engineer Supervision waste available to a septic tank that is regularly maintained Engineer/ESO Noise generation during ▪ Construction management of working hours and respecting normal working hours Contractor Supervision Engineer Supervision construction activities ▪ Proper maintained and serviced vehicles Engineer/ESO ▪ Traffic regulation signs and traffic calming measures ▪ Shutting down equipment when it is not directly in use ▪ Postpone the working by high voice machinery and shakiness machinery until school classes finished (around 12:pm) Localized disturbance of Contractor Supervision Engineer Supervision ▪ Proper construction management and reshape the site conditions to its origin surrounding areas ▪ Check drivers' credentials Engineer/ESO 59 | P a g e Potential Impact Mitigation Measures Operation/ Supervision Monitoring Responsibility ▪ Traffic plan, warning signs, protection of excavation sites, providing detours and Contractor Supervision Engineer Supervision Traffic increasing around the coordination with traffic department Engineer/ESO schools, localized disturbance ▪ Coordinate with the school administration to take appropriate measures of student of traffic and accidents risks safety ▪ Provide safe access and passages Loss of aesthetic due to Proper design of landscaping for the area and around the school which may include Contractor Supervision Engineer Supervision construction activities some plantation activities Engineer/ESO Potential uncover and damage Follow “Chance Finds Procedures” Contractor Supervision Engineer Supervision of archaeological remains Engineer/ESO Land Use (Property Rights) Avoid any use of private land during construction, except of presence of legal document Contractor Supervision Engineer Supervision between contractor and citizen to use the land for short time Engineer/ESO Improper implementation of ▪ Prepare OHS plan Contractor Supervision Engineer Supervision Workers health and safety ▪ Workers commitment to OHS (vests, gloves, HD wearing apparel, helmet and others… Engineer/ESO ▪ Provide a first aid box close to the construction site ▪ Provide sanitary lavatory for workers Potential risk on Pedestrians' ▪ Maintain and commitment to traffic signs, road markings, barriers and traffic control Contractor Supervision Engineer Supervision safety in the nearby area due signals and such other measures as may be necessary for ensuring traffic safety around Engineer/ESO machinery movement the construction site ▪ Blocking and isolating the working area Potential risk to Students and ▪ Install Canopy around the construction area, and close the site access, further to close Contractor Supervision Engineer Supervision teachers safety the footing works area from access Engineer/ESO ▪ Provide safe and healthy passages for them ▪ Provide safety measures for them (mask when needed) Use of Toxic and Hazardous ▪ Provide valid licenses of the chemical transport company and the driver Contractor Supervision Engineer Supervision Materials such as asphalt and ▪ Submit Material Safety Data Sheets and chemical mixture data sheets to the Engineer Engineer/ESO thermoplastic paint for approval ▪ Store and dispose of residual hazardous material by an experienced professional Generation of solid Waste ▪ Prepare a waste management plan prior to commencement of construction activities Contractor Supervision Engineer Supervision Engineer/ESO 60 | P a g e Potential Impact Mitigation Measures Operation/ Supervision Monitoring Responsibility Operational Phase Building new schools/ classes ▪ Ensure appropriate traffic circulation and necessary steel guards on sidewalks KGs/Schools KGs/Schools MOT increase traffic ▪ Traffic signs to reduce the traffic (one-way sign) and traffic calming signs administration administration and ▪ GM and how complaints were resolved traffic police Improper disposal of generated ▪ Ensure proper connection to wastewater network and if septic tank is used, proper KGs/Schools KGs/Schools EQA wastewater disposal is maintained administration administration ▪ Inspect any improper collection/disposal Generation of solid Waste ▪ Waste management is properly maintained KGs/Schools KGs/Schools EQA administration administration ▪ Sustainability of the Project ▪ Ensure financial sustainability KGs/Schools KGs/Schools MOE ▪ Failure to sustain safe and ▪ Ensure technical sustainability by proper training and capacity building of relevant administration administration good condition of the institutions subproject due to damage, ▪ Use and maintain checklists and monitoring tools to conduct frequent checks on misuse, and lack of subproject conditions maintenance 61 | P a g e Annex 6: Environmental and Social Management Guidelines for Contractors Purpose The purpose of these environmental and social management guidelines for contractors is to define minimum standards of construction practice acceptable to the MOE. General Specifications 1. These general environmental guidelines apply to any work to be undertaken under the ECD subprojects. The contractor shall comply with the approved ESMP. If the contractor fails to implement the approved ESMP, MOE reserves the right to arrange for execution of the missing action by a third party on account of the Contractor. 2. Notwithstanding the contractor’s obligation under the above clause, the contractor shall implement all measures necessary to avoid undesirable adverse environmental and social impacts wherever possible, restore work sites to acceptable standards. 3. These Environmental Guidelines, as well as ESMP, apply to contractor. They also apply to any sub-contractors present on project work sites at the request of the contractor with permission from the MOE. Movement of Trucks and Construction Machinery The contractor moving solid or liquid construction materials and waste shall take strict measures to avoid littering at roads by ensuring that vehicles are 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 and debris. Traffic Safety Measures The contractor shall provide, erect and maintain traffic signs, road markings, barriers and traffic control signals and other measures as may be necessary for ensuring traffic safety around the construction site. The contractor shall properly close the work site and ensure access of right personnel only. The contractor shall not commence any work that affects the public motor roads and highways until all traffic safety measures necessitated by the work are fully operational. Access-across Construction Site In carrying out the construction works, the contractor shall take all reasonable precautions to prevent or reduce any disturbance or inconvenience to the students and teachers in school if construction is to be made in operated schools, citizens of adjacent facilities, and to the public in general. The contractor shall install Canopy around the construction area, and close the site access, further to close the footing works area from access. He shall maintain any existing right of way across the whole or part of the construction site and public and private access to adjoining frontages in a safe condition and to a standard not less than that pertaining at the commencement of the contract. If required, the contractor shall provide acceptable alternative means of passage or access to the satisfaction of the persons affected. 62 | P a g e Protection of the Existing Installations Contractors shall properly safeguard all existing installations from harm, disturbance or deterioration during the concession period. Contractors shall take all necessary measures required for the support and protection of all buildings, structures, pipes, cables, sewers and other apparatus during the concession period, and to repair any damage occurs in coordination with Municipality and concerned authorities. Noise and Dust Control Contractors shall take all practicable measures to minimize nuisance from dust and noise from the construction sites. This includes: • Respecting normal working hours for school when work is commenced within. • Maintaining equipment in a good working order to minimize extraneous noise from mechanical vibration, creaking and squeaking, as well as emissions or fumes from the machinery; • Shutting down equipment when it is not directly in use. Regarding Dust control, contractor is asked to provide a water tanker, and apply water spraying when required to minimize the impact of dust. Where work in areas dust might spread to existing classrooms or neighboring facilities, additional to spraying, proper isolation of the work area is mandatory. Waste Disposal Contractors must agree with the municipality about arrangements for construction waste disposal. The municipality shall designate a dumping site or landfill for the disposal of solid waste. Disposal of residues in right of way or nearby land is prohibited. Protection of Trees and Other Vegetation Contractors shall avoid loss of trees and damage to other vegetation wherever possible. Adverse effects on green cover within or in the vicinity of the construction site shall be minimized. Clearance of Rehabilitation Site on Completion Contractors shall clear up all working areas both within and outside the work site and accesses as work proceeds and when no longer required for the carrying out of the construction works. All surplus soil and materials, sheds, offices and temporary fencing shall be removed, post holes filled and the surface of the ground restored to its original condition. 63 | P a g e Site Construction Safety and Insurance Further to enforcing the compliance of environmental and social management, contractors are responsible on providing insurance for construction labors, staff attending to the construction site, citizens for each subproject, the insurance requirements and clauses are stated in the bidding documents complying to the labor law. Labor and Working Conditions Contractors responsible for the construction work should prepare their labor management procedure, in compliance with the labor management procedure prepared by MOE and MOH before the initiation of the construction work. LMP promotes health and safety at work, fair treatment, non-discrimination, and equal opportunity of project workers, protects project workers, prevent the use of all forms of forced labor and child labor, support the project workers (direct and contracted) in a manner consistent with national law and ESS2, and provide project workers with accessible means to raise workplace concerns. Contractor’s Environment, Social, Health, and Safety Management Plan (ESHS-MP) Contractors shall prepare an ESHS-MP to ensure the adequate management of the environmental and social aspects of the works, health and safety in addition to LMP as indicated above. Contractor’s ESHS-MP shall provide description of procedures and methods for complying with LMP. Contractor’s ESHS-MP will be reviewed and approved by MOE before start of the works. ESMP, ESHS-MP, and LMP Reporting Contractors shall prepare monthly progress reports to MOE on compliance with general specifications, the project ESMP, LMP, and his own ESHS-MP. Contractors’ reports will include information ESHS management actions/measures taken and problems encountered in relation to HSE aspects (incidents, including delays, cost consequences, injuries, remedial actions, etc. Details of ESHS performance will be reported to MOE. Training of Contractor’s Personnel Contractors shall provide sufficient training to his own personnel to ensure that they are all aware of the relevant aspects of these general conditions, any project ESMP, and his own HSE-MP, and are able to fulfill their expected roles and functions. Specific training will be provided to those Employees that have particular responsibilities associated with the implementation of the HSE-MP. Training activities will be documented for review by MOE. Other Requirements Other requirements that contractors shall consider include: community relations and the acceptable behavior expected from Contractor staff and labor, location of contractor’s office if any to ensure the privacy of residences, and existence of a grievance mechanism for conflicts among the labors and with the community. 64 | P a g e Annex 7: Contractor’s Commitment of Environmental and Social Compliance and Penalties [Contractor’s name and address on letterhead] I hereby acknowledge that I have read and understood the requirements of the ESMP attached to the Bidding Document. Furthermore I acknowledge that any costs for meeting the conditions and requirements of the ESMP or other requirements expressed in the Bill of Quantities are included in the Bid Price. If awarded the Contract, I will appoint Mr. --------------------------------- to ensure that Environmental and social conditions are met and complied with and to receive all environmental and social notes on behalf of contractor. Signed -------------------------------- Date: ------------------------------- Contractor Name: --------------------------------- 65 | P a g e Annex 8: Duties and Responsibilities of MOE throughout Project Cycle D.G of General Education Identification of subprojects by ESO Classification and assessment according to ESMF Preparation Phase ESO Identification of Risks and Impacts High Risk, Substantial Risk Moderate, Low No Risk ESO/Consultant ESO No Further Action ESIA ESMP ESO Implementation Phase ESMP Monitoring Field Checks Compliance and Reports Chart 3: Duties and Responsibilities of MOE throughout Project Cycle 66 | P a g e Annex 9: Form for Environmental and Social Management and Monitoring a. Site Visit Report Project Location: …………………………..… Project Name:…………………………...... Date:……………………………………... Mitigation # Impact to check Yes No Remarks measure/s carried out 1 Damage to existing public services 2 Noise/alarm generation 3 Dust spreading out 4 Odor emission 5 Traffic problems (hindering, detours, closure …etc.) 6 Solid Waste Services problems 7 Sewerage Services problems 8 Student and pedestrians' safety endangered 9 Stagnant water pools 10 Landscape / aesthetic element/s deteriorated 11 Natural Resources negatively affected 12 Biodiversity & Wildlife threatened 13 Heritage and archaeological sites negatively affected 14 Workers safety and health considered 15 Workers commitment to OHS (vests, gloves, etc.) 16 Working machines suitability 17 Presence of Toxic and Hazardous materials Documentation of community 18 concerns/complaints 67 | P a g e 22. Comments: ……………………………………………………………………………………………………………………………………………… …………………………………………………………………………………………………………………………………… 23. Recommendations: ……………………………………………………………………………………………………………………….………………..…… …………………………………………………………………………………………………………………………………… Environmental and Social Officer (ESO) Signature …………………………………………………………. Date…………………………………………….. 68 | P a g e b. Suggested Environmental and Social Monthly/Quarterly Monitoring Report Format No. Key Environmental Implementation Status of Corrective actions Environmental and Social and monitoring compliance needed/Penalties and social issues mitigation of ESMP measure taken Complaints received ……………………………………………………………………………………………………………………………………………… ……………………………………………………….. Status of complaints ……………………………………………………………………………………………………………………………………………… ……………………………………………………….. 22. Comments: ……………………………………………………………………………………………………………………………………………… ……………………………………………………….. 23. Recommendations: ……………………………………………………………………………………………………………………….…………………… ………………………………… Environmental and Social Officer (ESO) Signature ……………………………………… Date……………………………………… 69 | P a g e Annex 10: Grievance Redress Mechanism Checklist Project Location: …………………………..… Project Name:…………………………...... Date:……………………………………... # Impact to check Yes No Remarks 1 System issues Does the project invite grievance feedback? Does the grievance mechanism have clarity, procedures, system for keeping complaints and recording feedback, and system for protecting confidentiality? 2 Staff management Is there a grievance manual for workers? Do the grievance procedures provide guidance on grievance feedback, and remedies? Are adequate resources allocated for the grievance mechanism to function effectively? Does MOE provide training on grievance management to staff? 3 Communication to grievance mechanism users How users submit grievance feedback? 4 Feedback/grievance recording Are all feedback/grievances recorded? 5 Business standards Are there business standards in place for the process and timing with which grievances/feedback are dealt with? Is there a quality control system? 70 | P a g e