Sint Maarten Civil Society Partnership Facility for Resilience Project (CSPFRP) (P172339) Environmental and Social Management Framework (ESMF) 12 October 2020 - FINAL VERSION 1 - Contents 1 Introduction .............................................................................................................................. 1 1.1 Background........................................................................................................................................ 1 1.2 Contents of the Framework.............................................................................................................. 2 2 Project Description .................................................................................................................... 3 2.1 Components ...................................................................................................................................... 3 2.2 Cost of the Project and Implementation Schedule........................................................................... 4 2.3 Resources and Materials ................................................................................................................... 4 3 Applicable Government Regulations and WB Environmental and Social Standards....................... 6 3.1 Regulations and Standards ................................................................................................................ 6 3.1.1 Applicable Policies, Legislations and Regulations of the GoSM.......................................6 3.1.2 Labor Legislation .............................................................................................................6 3.1.3 National HIV and AIDS Workplace Policy.........................................................................7 3.2 Relevant Administrative Framework ................................................................................................. 7 3.2.1 Government of Sint Maarten – Cooperation with Ministries..........................................7 3.2.2 Department of Labor ......................................................................................................7 3.3 World Bank Environmental and Social Standards .........................................................................8 4 Baseline Environmental and Social Conditions .......................................................................... 12 4.1 Physiography ................................................................................................................................... 12 4.2 Climate ............................................................................................................................................ 13 4.3 Natural Hazards ............................................................................................................................... 13 4.4 Biological Environment ................................................................................................................... 13 4.5 Demography and Socio-economy ................................................................................................... 14 4.6 Environmental and Social setting .................................................................................................... 14 5 Potential Risks and Impacts of the Project and their Management ............................................ 14 5.1 Environmental and Social Risk Rating ............................................................................................. 14 5.2 Implementation Stages ................................................................................................................... 20 5.3 ESMF reporting................................................................................................................................ 23 6 Project Institutional Arrangements and Capacity Building ......................................................... 24 6.1 Institutional Arrangements for Project Implementation................................................................ 24 6.2 Institutional Arrangements for ESMF Implementation .................................................................. 25 6.3 Capacity Building and Training ....................................................................................................... 25 6.4 ESMF Budget ................................................................................................................................... 25 7 Stakeholder Engagement and Information Disclosure ............................................................... 26 7.1 Stakeholders of the Project ............................................................................................................. 26 7.2 Stakeholder Engagement ................................................................................................................ 26 7.3 Consultation Meetings on the ESMF and Feedback ....................................................................... 27 List of Annexes Annex 1 – Institutional and Implementation Arrangements Diagram .............................................................. 29 Annex 2 – Project Organization Civil Society Partnership Facility for Resilience Project (CSPFRP) .................. 30 Annex 3 – CSOs categorized based on Thematic Focus Area ............................................................................ 31 Annex 4 – Overview of the CSPFRP Consultation Process and Resources Used..............................................32 Annex 5 – Report NGO Workshop – 22 February 2020 .................................................................................37 Annex 6 - Values and Policies of VNG International .......................................................................................... 41 Annex 7 - Workers operating under CSOs Code of Conduct .......................................................................43 Annex 8 - Social and Environmental Screening Checklist And Cultural Heritage Screening Checklist ..........45 Abbreviations and Acronyms ESMF-VNGI-OCT20-VERSION ii ANG Netherlands Antillean Guilder AZ Ministry of General Affairs COVID-19 Coronavirus Disease 2019 CoC Code of Conduct ECYS Ministry of Education, Culture, Youth and Sport EHSGs Environmental Health and Safety Guidelines EIA Environmental Impact Assessment ESCP Environmental and Social Commitment Plan ESF Environmental and Social Framework ESHS Environmental Social Health and Safety ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plan ESS Environmental and Social Standard E&S Environmental and Social FAK First Aid Kit GA Grant Agreement GBV Gender Based Violence GRM Grievance Redress Mechanism GM Grant Manual GoSM The Government of Sint Maarten HIV/AIDS Human Immunodeficiency Virus infection / Acquired Immune Deficiency Syndrome ILO International Labor Organization LBT Learning Benchmark Training LMP Labor Management Procedures M&E Monitoring and Evaluation MinBZK Ministry of Interior of the Netherlands NRPB National Recovery Program Bureau NRRP National Recovery and Resilience Plan OHS Occupational Health and Safety OM Operations Manual PDO Project Development Objective PDT Pre-Disbursement Training PIU Project Implementation Unit PPE Personal Protective Equipment PTC Project Technical Committee RTS Refreshment Training Session ESMF-VNGI-OCT20-VERSION ii SEA Sexual Exploitation and Abuse SEP Stakeholder Engagement Plan SER Social Economic Council SMDF Sint Maarten Development Fund SXM Sint Maarten TA Technical Assistance TL Team Leader ToR Terms of Reference VNGI International Cooperation Agency of the Association of Netherlands Municipalities VROMI Ministry of Public Housing, Spatial Planning, Environment and Infrastructure VSA Ministry of Health, Social Development and Labor WB World Bank ESMF-VNGI-OCT20-VERSION ii 1 Introduction This Environmental and Social Management Framework (ESMF) was drafted to mitigate any Environmental and Social (E&S) risk that may arise from implementation of the Civil Society Partnership Facility for Resilience Project (CSPFRP)1, ensuring implementation is not only in line with the ‘do no harm’ principle but also ‘do better’ sustainable projects. The Project aims to improve the capacity of Civil Society Organizations (CSO) to support reconstruction and resilience activities and contribute to service delivery2. The Project is fully funded by the Government of the Netherlands3 under the Sint Maarten Hurricane Irma Reconstruction, Recovery and Resilience Program Single-Donor Trust Fund (TF073024) and administered by the International Bank for Reconstruction and Development (World Bank)4. 1.1 Background The Project will be implemented on Sint Maarten. The Project Development Objective (PDO) is to improve the capacity of CSOs and provide them with grant resources to implement reconstruction and resilience sub-projects at community level. The main aim will be to support sub-project initiatives for communities through CSOs focused on the reconstruction and resilience in the aftermath of hurricane Irma which had a devastating impact on the socio-economic operations on the island. In addition, the Project will contribute to improving service delivery in social infrastructure and show resilience of communities in the reconstruction of facilities. The Project will be implemented through three components: (i) small grants for reconstruction and resilience; (ii) capacity building and technical assistance; and (iii) project management and coordination. The grants component will be the most important and largest component of the project and finance grants based on project proposals generated by CSOs in joint collaboration with communities (incl. vulnerable groups) which have a clear overview of the needs and requirements of stakeholders. Both the capacity building and management components are supportive and meant to make the recipients capable and resilient to overcome future calamities. The Project will be implemented through the International Cooperation Agency of the Association of Netherlands Municipalities (VNGI), who will perform the activities of a Project Implementation Unit (PIU) which will enter into a Grant Agreement with the World Bank (WB). The PIU will forge collaborative initiatives with local implementing partners to ensure smooth project implementation and ownership at country level. VNGI has carried out an E&S assessment of the Project and activities in compliance with the WB Environmental and Social Framework (ESF) requirements and prepared this Environmental and Social Management Framework (ESMF). This ESMF presents potential E&S impacts and risks of the project, and the measures which will be applied to address these impacts and risks. The following are the key E&S impacts and risks identified: • Reconstruction of facilities and minor works, when financed through the grants mechanism, might generate temporary and on-site reversible environmental impacts during construction. Potential risks and impacts will be easily addressed through generic mitigation measures included in the agreements with the CSOs. 1 Hereafter called the Project. 2 CSOs include Non-Governmental Organizations (NGOs), Community Based Organizations (CBOs), Faith Based Organizations (FBOs) and youth organizations. 3 Ministry of Interior (MinBZK). 4 The institutional and implementation arrangements of the Project are visualized in Annex 1. ESMF-VNGI-OCT20-VERSION 1 • Occupational Health and Safety (OHS) risks for either direct workers (e.g. VNGI staff working in SXM or staff from CSOs that will be recipients of the grants), community workers or primary supply workers might exist but they will also be easily addressed through a set of OHS guidelines and awareness campaigns that will be included as part of the grants to the CSOs. • Gender Based Violence (GBV) and Sexual Exploitation and Abuse (SEA) issues will be covered through nominating an independent counsellor under the grant scheme during the entire project implementation period where GBV and SEA specific complaints can be submitted and will be treated in a confidential manner. To address the key E&S risks, VNGI has drafted this ESMF. The ESMF addresses: (i) Procedures for the identification, assessment and management of the E&S risks and impacts of sub- projects, including E&S screening to ascertain relevance of any of the ESF’ Environmental and Social Standards (ESS); (ii) Eligibility and selection of CSO sub-projects that ensure non-discrimination and adherence to the ESS (including any exclusions such as resettlement and biodiversity impacts); and depending on the scope, characteristics, of the proposed sub-project, the adjustment to specific mitigation measures to avoid risks; (iii) Organizational capacity and competency to manage the environmental and social risks; (iv) Monitoring and review of E&S risks of sub-projects and the portfolio; (v) Reporting and external communication mechanisms including Stakeholder Engagement throughout Project implementation and the adoption of a Grievance Redress Mechanism (GRM) for the Project; and (vi) A simple template for a Code of Conduct (CoC) for CSOs (Annex 7) The ESMF is a living document which will be adjusted continuously during Project implementation. On behalf of the PIU, the Project Team Leader (TL), in mutual cooperation with the VNGI Senior Project Manager, will make sure that the content of the document will stay up-to-date and reflect the progress of the Project in true sense. 1.2 Contents of the Framework In addition to this Section 1 the ESMF consists of the following Sections: Section 2: Project Description This section describes the activities to be carried out under the Project and the role of VNGI and the PIU. Section 3: Applicable GoSM Regulations and WB Environmental and Social Standards This Section describes the relevant policies of the Government of Sint Maarten (GoSM) and ESSs of the WB and how they have been considered while designing the Project and preparing this ESMF. Section 4: Baseline Environmental and Social Conditions This Section describes the existing environmental and social conditions of the Project area. Section 5: Potential Risks and Impact of the Project and their Management This Section describes potential environmental and social impact and risks associated with Project activities. ESMF-VNGI-OCT20-VERSION 2 Section 6. Project Institutional Arrangements and Capacity Building Section 7: Stakeholder Engagement and Information Disclosure This Section describes the Stakeholder Engagement Plan (SEP) and details of consultations carried during the preparation of the Project. 2 Project Description 2.1 Components The CSPFRP for Sint Maarten will support interventions aimed at enhancing capacities of CSOs to partake in contributing to improving service delivery and resilience. The Project will be implemented through three main components namely: (i) Small Grants for Reconstruction and Resilience, (ii) Capacity Building and Technical Assistance and (iii) Project Management and Coordination. Component 1 will finance small grants provided to local CSOs that will work with communities to generate sub-project proposals to implement activities focused on reconstruction, resilience and service delivery. The Project will not finance major civil works nor new constructions. Rather, sub-projects to be financed will constitute those requiring rehabilitation and be of small magnitude. In addition, the Project will not include any land acquisition nor displacement of populations. Sub-project applications will be submitted and grants awarded. Sub-project proposals will be screened against predetermined eligibility criteria. Sub-projects will be implemented by local CSOs, which will benefit from continuous Technical Assistance (TA) and Capacity Building from the PIU. The sub-project cycle includes several stages described in section 2.2 below. The cycle will meet minimum rigor and yet be simple enough to minimize transaction burden and ensure a quality implementation credible grant management and learning and knowledge sharing. In the first year of implementation, the Project will organize two ‘quick win’ application rounds in order to make results visible and to make the mechanism straightforward, speedy and inclusive and to spread resources equally over the different thematic areas. Beyond year one, the Project will analyze the outcomes of the ‘quick wins’ and where appropriate adjust the conditions. Following the ‘quick win’ rounds, a maximum of five standard application rounds will be organized beyond year one, which will follow the different steps as described in section 2.2. All sub-projects applications will be demand driven. Component 2 will support all capacity building and TA activities, mainly for CSO staff but also for all other stakeholders involved in sub-project implementation and in coordination of the sub-project work to achieve its PDO. This component will also provide TA needs that will be identified to satisfy seasonal and/or periodic technical needs of the Project such as design and undertaking of qualitative and quantitative evaluations and facilitating learning and knowledge sharing events, to mention only a few. Component 3 will support all activities related to project management and coordination. These will include day-to-day operational management of the Project; fiduciary oversight and management, including E&S risk management; planning and monitoring; reporting and documentation of good practices; knowledge management and coordination activities within the Project and with all other stakeholders. Management and coordination will also involve processes of the grant mechanism or the sub-project cycle and activities that will aim at awareness creation, education and communication. This component will support all other logistical and operational aspects of the Project that will ensure that ESMF-VNGI-OCT20-VERSION 3 management and oversight of local implementing partners functions smoothly. In addition, the component will support activities related to the functionality of the Project Technical Committee (PTC) that will ensure coordination and harmonization of project activities with other related work on Sint Maarten. 2.2 Cost of the Project and Implementation Schedule The Project will be implemented by VNGI. VNGI will enter into a Grant Agreement (GA) with the WB, and in return will establish a PIU and collaborative initiatives with local CSOs and implementing partners to ensure smooth implementation and ownership at country level5. The PIU will be in charge for the day-to-day operations and technical and financial coordination of the project. The PIU will have a local TA team active consisting of the following six team members: • One TL in charge for the organizational, administrative and financial operations; • One Deputy TL also responsible for M&E activities; • One Grants Manager responsible for the design and development of the grants process, including the call for proposals; • One Capacity Building and Training Manager in charge for the development and execution of training and capacity building; • One local Financial and Control Specialist responsible for the financial eligibility check and assessment of financial proposals. • One Social and Environmental Specialist, responsible for the implementation of the environmental and social requirements of the project. In addition, the PIU team can call in the services of external short-term consultants and an independent counsellor in charge for handling Gender Based Violence (GBV) and Sexual Exploitation and Abuse (SEA) incidents. A Senior and Junior Project Manager and a Financial Administrator from VNGI based in The Hague, the Netherlands will provide additional distance support. Although the entire Project team (both local- and distance based) is responsible for implementation of the Project based on the E&S risk management instruments, the TL and the Senior Project Manager are ultimately accountable for a proper performance. The TL will appoint, from the local team, separate staff members for specific partial tasks. The Senior Project Manager will act in a similar way when it comes to distant responsibilities. The total budget of the Project is US$ 7.2M with an estimated implementation period of 48 calendar months6. The project will start activities latest one month after signing the Grant Agreement and finish 48 months later. 2.3 Resources and Materials The basis of the Project will be to develop a grant scheme which is transparent, accessible and demand- driven and in line with the priorities identified by the GoSM and the trust fund. At the same time the Project will make sure that the mechanism is inclusive meaning that it will not exclude organizations and/or target groups from participating due to the complexity of rules and regulations. To find a balance between a framework of regulations within which there is scope for maneuvering and adjusting to a 5 Reference is made to Annex 2: Project Organization Civil Society Partnership Facility for Resilience Project (CSPFRP). 6 The budget includes all costs to be made for environmental and social mitigation measures. ESMF-VNGI-OCT20-VERSION 4 specific local situation will be a challenge. As long as CSO applications are consistent with the PDO and fulfil basic and technical selection criteria, which will be included in the Grant Manual (GM), themes to be covered can be kept flexible enabling generating grassroots ideas. The prime stakeholders of the Project, the ‘project affected parties’, will be the citizens and communities of Sint Maarten who will benefit from rehabilitated cultural, environmental, social care and after school facilities and services, and skills development implemented by CSOs under the Project. Inclusiveness and transparency will be key words during both the preparation as well as implementation stage of the Project in order to guarantee unambiguity and full support during the entire process. Target groups will be consulted before and during implementation to make sure that the Project will keep addressing the main objective, reconstruction and improving services and building resilience. In addition, the pace of converting theory into practical arrangements will be another success indicator for the grant scheme. Quick visible improvements to win the hearts and minds of stakeholders is a key element of the Project. As mentioned in section 2.2, the grant scheme offers over time two different modalities. In the first year of Project implementation two ‘quick win’ application rounds will be launched. ‘Quick wins’ are characterized by straightforward and one-off activities which will be implemented within a relatively short period of time (maximum six calendar mnths). In this way, the scheme can take off fast with quick results to be shown to all stakeholders. This will also help in building up the legitimacy of the Project as such. In the further course of Project implementation, an additional five regular call for proposals will be organized, which follow the steps as indicated in section 5.2, implementation stages. For these regular rounds of proposal submission the maximum grant budget will be established following an assessment of the first round of ‘quick wins’which will provide more in-depth information on what is feasible, achievable and manageable. Priority for the CSOs are sub-projects within the sphere of recovery and rehabilitation of Sint Maarten after hurricane Irma. Based on the need for ‘quick wins’ and visible results, it seems logical to focus on activities that can be quickly realized in infrastructure, repairs and recovery. This could be repair of broken fences, information signs or building repairs. However, new construction of buildings, engineering or new infrastructure development is beyond the scope of this Project. Following the ‘quick wins’ the five application cycles could then concentrate on activities which require a longer implementation period and most probably larger budget. Activities such as: • Community Councils/neighborhood initiatives and initiatives for emergency relief; • Day care centers/afternoon school programs and activities; • Sports and recreation activities/facilities; • Nature and environment (recycling) and animal welfare activities; • Art, cultural, archaeological and heritage activities; • Psycho-social support and mental health; ESMF-VNGI-OCT20-VERSION 5 3 Applicable Government Regulations and WB Environmental and Social Standards 3.1 Regulations and Standards 3.1.1 Applicable Policies, Legislations and Regulations of the GoSM Sint Maarten, previously part of the Dutch Antilles, became an independent country within the Kingdom of the Netherlands on October 10, 2010. Sint Maarten has full autonomy for internal affairs including the environmental legislation with the Dutch Government being responsible for defense and foreign affairs. According to Article 22 of the ‘Constitution of the Country of Sint Maarten’, it shall be a constant concern of the GoSM to keep the country habitable and to protect and improve the natural environment and the welfare of animals. Currently, the country has no comprehensive legislation related to environmental protection and no law for carrying out Environmental Impact Assessment (EIA) for any development projects. When the GoSM will establish any relevant legislation or ordinances on environmental protection during implementation of the Project, VNGI commits to, after consultation with the WB, adhering to these policies. If new legislation leads to additional costs or impediments to carry out the Project, renegotiation will start with the WB. The GoSM has some existing policies and regulations on the management of labor and health issues. These regulations and their applicability to the Project are discussed in the following sections. 3.1.2 Labor Legislation The Labor legislation describes provisions concerning the work-times, periods of rest, overtime, nightshift, standby shift, holidays, prohibition of child labor, prohibition of night work and dangerous work for youths. A copy of the regulations can be obtained from the GoSM website.7 According to this legislation, children under the age of 15 years are prohibited from working, whether or not in exchange for wages of compensation and youth between 15 and 18 cannot perform dangerous work. The Ministry of Public Health, Social Development & Labor (VSA) also endorses8 that Children ages 16 and older are allowed to work, however convention no. 182 prohibits all forms of hazardous work for children. The intention is to ensure that every girl and boy has the opportunity to develop physically and mentally to her or his full potential, prohibiting all work by children that jeopardizes their education and development. The head or director of an enterprise has an obligation to report occupational injuries to the Department of Labor and the police. The injuries should be reported as soon as possible, but no later than 24 hours. For the reporting of injuries, but also other labor-safety related matters, the following should be contacted: Department of Labor/Safety Inspection, Vineyard Office Parc, W.C. Buncamper Rd 33, Philipsburg, Sint Maarten, D.C., Phone: +1-721- 5422059/5422079. The CSO grantee to be procured under the Project will be responsible for complying with the Labor Regulations (see: section 3.2.2 below). 7 Website on Labor Regulations of GoSM: http://www.St.maartengov.org/government/VSA/labour/Pages/Labour- Legislation.aspx 8 http://www.St.maartengov.org/government/VSA/labour/Documents/Fundamental%20Rights%20of%20the%20Worker%20pos ter.pdf ESMF-VNGI-OCT20-VERSION 6 3.1.3 National HIV and AIDS Workplace Policy The purpose of the National HIV and AIDS Workplace policy is to ensure a uniform and fair approach to the effective prevention of new HIV infections among employees, their families and dependents, and provide social protection within the workplace to employees directly impacted by HIV. The principles of the policy are aligned to the International Labor Organization (ILO) code of practice on HIV/AIDS and recommendation no. 200 concerning HIV and AIDS and the World of Work and include the recognition of HIV as a workplace issue, non-discrimination in employment, no screening, no forced disclosure, protection of confidentiality, social dialogue, gender equality, HIV prevention, treatment, care and support measures as critical components for addressing the epidemic in the workplace. The National HIV and AIDS Workplace Policy is relevant for both VNGI office staff and the CSO grantee in the field. 3.2 Relevant Administrative Framework 3.2.1 Government of Sint Maarten – Cooperation with Ministries Under the current Project, small grants to CSOs will be financed to implement sub-project activities focused on reconstruction, resilience and service delivery in relation to cultural, environmental, social care and after school facilities and services, and skills development implemented. Annex 3 of this ESMF lists the number of CSOs active in different thematic subject areas that in principle can be covered under the current Project. The table shows a great diversity in thematic areas for which different Ministries and Government Agencies are responsible. Also, the fact that many CSOs indicated as a major challenge the weak collaboration with government institutions is a reason for strengthening such structures under the Project. Covering topic areas listed in Annex 3 almost automatically means that a close cooperation and information exchange with the following Ministries is a prerequisite for a successful implementation of the Project: • Ministry of General Affairs (AZ) • Ministry of Public Health, Social Development and Labor (VSA) • Ministry of Education, Culture, Youth and Sports (ECYS) • Ministry of Public Housing, Spatial Planning, Environment and Infrastructure (VROMI) Under the Project a Technical Committee (PTC) will be established which prime role will be to advise on the development of the CSO facility and approve key steps during project implementation9. On behalf of the GoSM the National Recovery Program Bureau (NRPB) will chair the PTC and as such keep the relevant Ministries abreast with the progress of the Project. The civil society should ideally be represented in the PTC. Upon request of a Ministry, the project team can disclose additional information verbally and/or in writing whenever required. The PTC anyhow will have to approve the semi-annual progress reports of the Project which will be shared through the NRPB with relevant Government Agencies. Line Ministries will have to stay up-to-date with the progress of the grant scheme and what CSOs are implementing to avoid misunderstanding and/or duplication of activities. Mutual cooperation will be a key success factor in achieving the main aim of the project. 3.2.2 Department of Labor The Department of Labor is charged with the tasks concerning labor. The Department of Labor has the following tasks: 9 Separate Terms of Reference (ToR) for the operation of the PTC have been produced and are under discussion in the PTC. ESMF-VNGI-OCT20-VERSION 7 • Formulating policy memorandums and recommendations and making proposals for the development, adjustment, monitoring and implementation of national policy concerning labor and the policy regarding safety and labor inspection; • Preparing, implementing and monitoring the national legislation concerning labor and monitoring the compliance with this legislation; • Promoting international, social and labor affairs, such as the relationship with the ILO. The Labor Affairs Agency is the executing division of the Department of Labor and is tasked with monitoring compliance with the labor legislation and settling complaints resulting from labor relations between employers and employees. 3.3 World Bank Environmental and Social Standards The PIU will screen grant requests in line with this ESMF to ensure adherence to relevant ESS, particularly ESS1, ESS2, ESS3, ESS4, ESS6, ESS8 and ESS10. The location of CSO sub-projects and their specific scopes will be defined in each grant request. Before each call for proposals, the PIU will review the Environmental and OHS criteria established in the ESMF and adjust whenever needed, particularly provisions related to stakeholder engagement and environmental performance of the recipients of the grants. VNGI will submit to the WB a revised and final ESMF after the approval of the GA, but before the first call for proposals is launched. This additional time will allow VNGI to adjust screening criteria and the environmental and social mitigation measures once they and their local partners are able to engage better with CSOs on the ground. CSOs participating in the grant funding mechanism will receive Technical Assistance (TA) that will enable them to submit requests in accordance with the environmental criteria and the applicable ESS, as underlined in the final ESMF. One Grievance Redress Mechanism (GRM) for the entire grant mechanism will be in place to ensure that complaints from beneficiaries of sub-projects are collected and addressed10. The PIU will lend substantial support to this across all the grants, taking the responsibility of tracking complaints and assisting the CSO to investigate and resolve them. Applicable OHS guidelines, resources management, cultural heritage and stakeholder engagement guidelines will be provided to participating CSOs. The PIU will monitor and supervise the environmental and OHS performance of the CSOs as they implement the grants The standards which the project will meet through the project life cycle are described in the following sections and summarized in Table 3.1 below. ESMF-VNGI-OCT20-VERSION 8 Table 3.1: World Bank ESSs Requirements Actions taken by VNGI Actions taken (or to be taken) by VNGI to comply ESS Relevance Requirements of with ESS requirements ESS ESS 1: Relevant to this E&S assessment of the The Project E&S risk is categorized as Assessment and Project proposed Project to assess Moderate. Management of E&S the E&S risks and impacts The PIU will further screen the E&S risks and Risks and Impacts of the Project throughout impacts of sub-projects to be financed through the the project life cycle. The grants mechanism. assessment will be proportionate to the risks The PIU will develop specific screening criteria. The and impacts of the Project. instructions to applicants will incorporate the criteria and the remedies of the PIU in case the CSO fails to comply with the E&S standards. VNG will submit to the WB for clearance the proposed screening criteria before launching the call for proposals. Any sub-project causing negative social or environmental impacts will be stopped instantly. The two ‘quick win’ cycles in year one cover small scale activities with visible results. The five full application cycles following year one requires a closer management involvement in terms of screening and follow-up in line with the information related to the stages as described in section 5.2 below. Undertake stakeholder VNGI will engage its stakeholders, the project engagement on the affected parties, before and during Project activities and impacts of implementation frequently through different the Project and disclose information channels (social media, radio, appropriate information in written publications, flyers, training and accordance with ESS 10. information sessions and reports and publications). In section 7.3 a brief overview of the consultation steps so far has been provided. More evidence about the consultation process is given in Annex 4 to this ESMF. Once implementation has started, stakeholders will be trained and exchange experiences repetitively. Grant scheme Two separate modalities will be implemented through sub- implemented. First, two ‘quick win’ application projects executed by CSOs rounds will be organized in year one. In subsequent years five additional call for proposals will follow. Conduct monitoring and Reporting will be based on progress made by CSOs reporting on the E&S during implementation of their sub-projects, performance of the Project separate surveys and field visits. against the ESSs. VNGI will prepare semi-annual progress reports and submit these to the PTC for formal approval. 10 A detailed description of the GRM is included in the separate Stakeholder Engagement Plan (SEP). ESMF-VNGI-OCT20-VERSION 9 Actions taken (or to be taken) by VNGI ESS Relevance Requirements of ESS to comply with ESS requirements The grantee will undertake a process During preparation, stakeholders can of meaningful consultation of the respond to all documents disclosed and Project risks and impacts in a manner made public1. that provides stakeholders with CSOs will provide evidence of opportunities to express their views stakeholder engagement in their sub- on Project risks, impacts and project application. mitigation measures. During implementation CSOs have the possibility to express their views and suggestions for improvement both verbally and in writing to the PIU. Any feedback received will be processed and if considered feasible incorporated by the PIU. Any suggestions resulting from consultations will be communicated to relevant stakeholders. ESS 2: Relevant to this The Grantee will develop and The grantee will be pointed out by VNGI Labor and Workers Project implement Labor Management on its responsibility to take labor Condition Procedures applicable to the Project. measures at sub-project level. A child under the minimum age will With the exception of skill not be employed or engaged in development (work/learn) internships, connection with the project. the Project and sub-projects implemented by a CSO will not employ any workers under the age of 18. Measures relating to OHS will be This ESMF includes OHS and GBV/SEA applied to the Project. OHS measures prevention measures for both the PIU in will include the requirements of this charge for the Project as well as all CSO section and will take into account the employees involved in sub-project general Environmental Health and activities including community workers. Safety Guidelines (EHSGs). VNGI has Labor Management Procedures (LMP) identified a special counsellor for include a Grievance Redress Mechanism GBV and SEA and will support (GRM) for employees. referrals for GBV and SEA victims. The Project is considered low risk from a GBV/SEA point of view. An independent counsellor where GBV/SEA cases can be deposited will be identified. COVID19 risk mitigation measures will be put in place to safeguard against spreading including the use of social distancing measures, virtual gatherings, and appropriate safety measures put in place for all sub projects. ESS 3: Relevant to the Resource Efficiency: The grantee will VNGI will screen each small grant to be Resource Efficiency Project implement technically and financially financed under Component 1 and and Pollution feasible measures for improving the identify specific efficiency measures Prevention and efficient consumption of energy, related to the efficient use of energy, Management water and materials, as well as other water and materials, minimizing waste resources if applicable. and/or creating unnecessary waste. The grantee will minimize the Should waste, mold or debris be generation of waste including non- generated, the respective CSO obtaining hazardous waste and manage the the grant will be held responsible for waste that is safe for human health collecting and disposing it following a and the environment. waste management plan. Any cost associated with the collection and disposing of mold or debris is included in the budget of a sub-project. 1 Reference is made to Annex 5 of this ESMF: Overview of the CSPFRP consultation process and resources used. ESMF-VNGI-OCT20-VERSION 10 Actions taken (or to be taken) by VNGI ESS Relevance Requirements of ESS to comply with ESS requirements ESS 4: Relevant to the Evaluation of the risks and impacts on During Project preparation and at the Community Health Project health and safety of the affected start of implementation, stakeholders and Safety communities during Project cycle and will be informed by the PIU that OHS mitigation measures measures are a key element for implementation of the sub-projects. Detailed information will be part of both the GM and OM. For stakeholders it is obligatory to participate in a PDT session preceding sub-project implementation in which OHS guidelines will explicitly be handled. The PIU will include in its OM specific health and safety instructions to be taken into account by CSOs to mitigate risks. Where small works activities will take place, performers will be obliged to guarantee that employees can operate in a safe environment and secure manner. Protective clothing and precautionary measures to create a safe environment will be mandatory. The PIU will at random inspect sites and take corrective measures if required. The Grantee will avoid or minimize CSOs are obliged to take necessary the potential for community exposure measures whenever relevant avoiding to water-related and vector-borne exposure to water-related and vector- diseases and hazardous material. borne diseases and hazardous material by offering employees protective equipment. Disaster awareness and preparedness The PIU and CSOs will immediately put project activities on halt should there be an official announcement for natural disasters or other calamities. ESS 5: Land Not relevant. This provision will be addressed through Acquisition, Any sub-project the screening process of grants received. Restrictions on Land causing physical Use and Involuntary or economic Resettlement displacement is not eligible. ESS 6: Relevant to the The proposed project will neither This provision will be addressed through Biodiversity Project. finance nor support civil works or the screening process of grants received. Conservation and policies that might negatively affect Sustainable biodiversity or management of Management of living natural resources or any Living Natural critical or sensitive area. Resources ESS 7: Not relevant to There are no Indigenous People in SXM Indigenous Peoples/ the Project that meet the criteria defined in ESS7. Sub-Saharan African Historically Underserved Traditional Local Communities ESS 8: Relevant to the Protection of cultural heritage. Screening of grant requests will assure Cultural Heritage2 Project that sub-projects will not be an infringement to tangible or intangible cultural heritage sites. Any sub-project causing damage to cultural heritage will 2 When cultural heritage is suspected/discovered, this will be reported instantly to the Ministry of ECYS and Ministry of VROMI according to SXM national legislation. ESMF-VNGI-OCT20-VERSION 11 Actions taken (or to be taken) by VNGI ESS Relevance Requirements of ESS to comply with ESS requirements be stopped instantly. A screening tool for cultural heritage is attached as Annex 8 ESS 9: Not relevant to Financial the Project Intermediaries ESS 10: Relevant to the The grantee will identify the different The prime stakeholders are the citizens Stakeholder Project stakeholders of the Project, both and communities of Sint Maarten who Engagement and Project-affected parties and other will be represented by local CSOs. Information interested parties and conduct Special attention will be for vulnerable Disclosure meaningful consultations on Project groups. CSOs will carry out stakeholder design and impacts. consultations before submission of a sub-project proposal. The grantee has developed a SEP and The SEP describes in detail the different will seek the views of stakeholders on stakeholders and how they will be the SEP and the project overall. engaged in the project Stakeholders have provided feedback to the draft SEP. Their comments have been incorporated in the version disclosed on-line and submitted to the WB for approval (see section 7.3). Prior to appraisal the grantee will This ESMF has been disclosed on the disclose Project information to allow Website of the local partner in Sint stakeholders to understand the risks Maarten - https://www.npowersxm.com and impacts of the Project. Representatives of CSOs and local communities are actively encouraged to provide feedback on Project information disclosed12. The grantee will maintain, and Stakeholder feedback has been sought disclose as part of the E&S and comments received been included assessment, a documented in this ESMF (see: section 7.3). record of stakeholder engagement, Each sub-project cycle will include including a description of the additional consultations (two ‘quick stakeholders consulted, a summary of wins’ and five ordinary cycles). A the feedback received and a brief general information session will be explanation of how the feedback was organized to provide potential taken into account, or the reasons applicants with basic information about why it was not. the grant scheme. Separate training such as the Pre- Disbursement Training (PDT) will be organized for CSOs whose proposal have been awarded to become familiar with the technical and financial requirements during sub-project implementation. Outcome of these training/information sessions will be included in updated versions of the ESMF. The grantee will produce a GRM to A GRM submission form has been receive and facilitate the resolution developed to receive concerns and of concerns and grievances from the grievances which arise from the Project. Project related to the environmental CSOs who have been successful in and social performance of the Project submitting a grant application, will be in a timely manner. made familiar with the GRM during the Prior to Project appraisal the process PDT session preceding implementation and means by which grievances can of a sub-project. be raised and will be addressed will be shared. The GRM is described in detail in the SEP. The GRM will be shared online as part of the SEP and consulted on during stakeholder consultations. ESMF-VNGI-OCT20-VERSION 12 Risk mitigation measures will be put in place to safeguard COVID-19 prevention, including the use of social distancing measures, virtual gatherings, and appropriate safety measures put in place for all sub projects. As projects are demand driven, it is at this moment hard to say which measures are exactly required. They will be specified for each sub-project separately. ESMF-VNGI-OCT20-VERSION 13 4 Baseline Environmental and Social Conditions 4.1 Physiography Sint Maarten is an island country in the Leeward Islands of the Caribbean. It is a constituent country of the Kingdom of the Netherlands. It encompasses the southern 40% of the Caribbean island of Sint Martin, while the northern 60% of the island constitutes the French overseas territory of Saint Martin. Sint Maarten is centred on 18° 01’N Latitude and 63° 05’ W Longitude. The island hinges between the lesser and the greater Antilles and lies between the Atlantic Ocean and the Caribbean Sea. Other neighbouring island territories include Anguilla, St. Kitts and Nevis and St. Barthélemy. The total land area of the entire island is 90 km2 (15 km long and 13 km wide at its widest point). The island features a series of jagged ranges of hills from north to south terminating at Pic Paradis, 424 m the highest point, on the French side of the island. The coastline is a series of beaches, coastal lagoons, rocky areas and mangroves, and the interior is characterized by many valleys, most of which are rather flat. 4.2 Climate The climate of Sint Maarten is tropical with hot and sunny weather all year around. Daily average temperature ranges from 25 degrees Celsius (°C) in the period from January to March, to 28 °C between June and October. The night temperature rarely drops below 20 °C, while sometimes it can reach 35 to 37 °C during the day from June to November. Average monthly weather data of Sint Maarten is given in Table 4.1. Average annual rainfall is 1,045 mm. In the period from June to November (but mostly from August to October), Sint Maarten can be hit by tropical depressions and hurricanes, as happens in general in the Caribbean. Table 4.1: Average Monthly Weather Data of Sint Maarten Month Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Temperature, Min (°C) 22 22 23 23 24 25 25 25 26 25 24 23 Temperature, Max (°C) 28 27 28 28 29 30 30 31 31 30 29 28 Rainfall, (mm) 75 50 45 80 100 70 85 115 120 100 115 90 4.3 Natural Hazards Sint Maarten is highly vulnerable to natural disasters and adverse climatic events due to its location within the Atlantic hurricane zone. For the past decades, the country has been exposed to high winds, intense storms and numerous hurricanes: Donna in 1960 (Category 3), Luis in 1995 (Category 4), Lenny (1999) and Irma 2017 (Category 5 on Saffir-Simpson scale). Due to the size of the country, a single storm has the potential to impact the entire population directly. High winds, rainfall and flooding are the principal risk factors while the country is also vulnerable to earthquakes. Coastal areas are exposed to flood risk from storm surge and tsunamis. Increased urbanization along with climate change and limited country capacity to build with resilience adds to its vulnerability to natural hazards. 12 Inaddition to the disclosure of information on the Website of the project https://www.r4cr.org/downloads.draft versions of the safeguard documents were issued as press release in the Daily Herald on 6 April 2020 in printed version and on-line: https://www.thedailyherald.sx/islands/vng-issues-urgent-call- to-local-ngos. On-line newspapers such as ‘SXM Islandtime’, ‘SMN news’, ‘Island Talk’, ‘Soualiga Newsday’, ‘721News’ and ‘Caribisch Netwerk (Curacao) ’disclosed the information as well. ESMF-VNGI-OCT20-VERSION 14 4.4 Biological Environment The major part of Saint Maarten is covered with secondary vegetation derived from either seasonal formations or dry evergreen formations13. Only on the top of the hills, some more or less original semi- evergreen seasonal forest is found. This type of forest has regionally become extremely rare too. Because of its small area, this forest formation is very vulnerable. On the higher hills of the two ridges in the middle part of the island, and the hills of the eastern ridge, dense secondary woodland vegetation is growing, preventing erosion and with a high scenic value. Along the coast and inland waterways remains of mangrove forests and other types of coastal vegetation survive, which are of high ecological value, and also have scenic value. The fauna of Sint Maarten is poor in species, not only because of Sint Maarten’s small size, but also because of habitat destruction, hunting, imported predators and hurricanes. One bird species, the Red- tailed Hawk (Buteo jamaicensis) and two kinds of reptiles, the Antillean Iguana and the Iguana Delicatissima. Among the vertebrates, birds form the largest group with a total of 39 resident and nesting birds and 68 species of migrating birds and visitors. These include 19 seabirds, of which 10 species breed in or in the vicinity of the island. Sint Maarten is classified as an important breeding area for seabirds. Several small rocky islands just offshore accommodate breeding colonies of seabirds. 4.5 Demography and Socio-economy Sint Maarten is a high-income constituent country of the Kingdom of the Netherlands in the Caribbean. It is the most densely populated country in the Caribbean with a population of roughly 40,500 (January 1st 2018)3 in an area of 34 square km and a per capita Gross Domestic Product (GDP) of U$ 25,381 in 20184. English is the widely spoken language though Dutch and English are the official languages of the country. In addition to the 38,000 registered inhabitants, there is a significant group of unregistered migrants, estimated to be between 10,000 and 15,000 people. Tourism and tourism-related industry is the major source employment in the country. Only about 10% of the land is suitable for domestic agricultural production, and over 90% of food products are imported. Nearly 30% of the male working population (45% for female workers) earn less than ANG 2,000 (US$ 1,115) per month. Literacy rate in people over the age of 14 is 95.8%. Hurricane Irma has severely damaged the economy of the country. Sint Maarten’s unemployment rate (6.2%) and youth unemployment rate (23.8%) in 2017 have significantly risen following the hurricane due to the shutting down of tourism businesses. The tourism sector suffered from significant damages to the airport, accommodations and tour operator equipment, dramatically reducing the number of tourist arrivals. Micro, small and medium-sized enterprises have experienced a significant loss of capital due to the impacts of the hurricane. 4.6 Environmental and Social setting VNGI will review and screen sub-project applications for any specific environmental or social impact. Factors that will be taken into account are the specific site selected for the intervention, the scope of activities to be financed, the timing of the activities, the institutional and organizational capacity of the CSO and whether the intervention will be executed in accordance with the relevant ESS as indicated in table 3.1 above. 13 Source: Biological Inventory of Sint Maarten (http://www.dcbd.nl/sites/www.dcbd.nl/files/documents/RojerKNAP96- 33BioInv-StMaarten%5Beng%5D.pdf) 3 Source: Department of Statistics, Sint marten (Aug 2020). 4 Source: Central Bank of Curacao and Sint Maarten; IMF Article IV - Concluding Statement, December 2, 2019. ESMF-VNGI-OCT20-VERSION 15 5 Potential Risks and Impacts of the Project and their Management 5.1 Environmental and Social Risk Rating The project environmental and social risk is categorized as Moderate. The project is expected to have positive impacts on society and communities. Resilience and service delivery through CSOs will enhance stakeholder participation and citizen engagement which in turn will enable citizens to prioritize and receive access to resilient public services. The specific sub-project objectives, scope and location will be defined during Project implementation once the grant funding mechanism is in place and proposals are received. A preliminary set of potential sub- projects include the financing of community councils/neighborhood initiatives and initiatives for emergency relief; day care centers/afternoon school programs and activities; sports and recreation activities/facilities; nature and environment (recycling) and animal welfare activities; art, cultural, archaeological and heritage activities; or psycho-social support and mental health. Minimal temporary negative environmental impacts to community health and safety can occur, particularly from activities that will include rehabilitation or expansion of small facilities needed to improve health and education service delivery. The likely impacts will be site specific, limited to the immediate surroundings and can be managed through the implementation of specific mitigation measures. OHS risks can occur during implementation of the grants and these will be handled by workers and/or CSOs and oversight provided by the PIU while the GoSM manages the COVID-19 crisis. Implementation of the project components will be guided using the WB Environmental and Social Framework (ESF) and relevant ESS and this ESMF. The PIU will screen the E&S risks and impacts of sub- projects (see: Annex 8). The PIU will develop specific screening criteria. The instructions to applicants, included in the GM, will incorporate the criteria and the remedies of the PIU in case a CSO fails to comply with the E&S standards. VNGI will submit to the WB for clearance the proposed screening criteria before launching the call for proposals. Any sub-project causing negative E&S impacts will be stopped instantly. Of the three Project components, Component 1 might generate potential negative social impacts as this component will finance small grants to CSOs that will work with communities to implement activities focused on reconstruction, resilience and service delivery (e.g. indoor and outdoor facilities, health and education service delivery facilities, social care services; or skills development and employment). As the specific activities will become known once applications are made to the grant mechanism, mitigation measures will be proposed at this time. Any negative social impacts that arise from grant activities are anticipated to be site specific, minor, and easily mitigated. One anticipated negative impact could arise from the grant making process itself. Tensions may develop as very small organizations compete with larger organizations for the same funds but with fewer resources to develop proposals. This concern that all organizations regardless of size be given an equal chance to apply for funding under the mechanism was frequently raised during consultations. VNGI is developing tools and tailored training to support and simplify the application process to address this issue during project implementation. Potential OHS risks and impacts might also occur. The grants to the CSOs will incorporate OHS provisions consistent with the GoSM, the WB E&S risk management policies and WB Group Environmental, Health, and Safety. The PIU will adjust the environmental and social screening criteria and mitigation measures with the first set of grants that will be signed. Tables 5.1 and 5.2 describe the potential risks and mitigation measures that the PIU will apply in small works or minor repairs. With the outbreak and spread of COVID-19, restrictive measures have been taken on Sint Maarten to ESMF-VNGI-OCT20-VERSION 16 avoid interactions at social gatherings. The restrictions have implications for public consultations and stakeholder engagement activities organized under CSPFRP both at preparation and implementation stage. Direct engagement with stakeholders through public hearings, community meetings, focus group discussions, field surveys and/or individual interviews cannot be applied as consultation mechanism since the outbreak of COVID-19. VNGI had to adjust its approach during the first consultation round to receive feedback on the draft versions of the ESMF and SEP organized in April 2020. The following mechanism were applied and turned out to be so effective that they are considered to be used during the implementation period of CSPFRP: • A wide and multiple dissemination of messages and documents using websites of local organizations, direct E-mail traffic, local radio and social media involvement was used. • Consultations organized by VNGI were carried out locally on Sint Maarten by people on the ground. Because of their local presence and network, CSOs were more comfortable to present their questions and provide feedback. • A cross-media approach is essential for a successful launch. While official channels like the WB and Netherlands’ representation on Sint Maarten published the messages on their websites, informal channels such as WhatsApp groups and Facebook posts ensured a wider reach. A combination of these two approaches provides a solid platform. • The campaign should be intensive with press releases, commercials, and newsletters launched, immediately followed by a ‘telephone marathon’ where stakeholders are personally approached to learn their views. In this way people feel the sense of urgency and become personally involved. 5.2 Implementation Stages The official outreach about the Project will be done after signing of the GA between the WB and VNGI. Information included in the Project’s environmental and social safeguard documents16 have been disclosed and circulated among Project stakeholders. In the run up to drafting the documents, consultations about the project objectives, components and interventions were held in a CSOs workshop in August 2019 and a resultant comprehensive report informed the drafting of project documents. In addition, the VNGI fielded a joint pre-appraisal mission with the WB in which additional consultations were held in January 2020. While the intention was to organize additional physical information and hearing sessions to record final observations made by stakeholders, this was not possibly doable due to the COVID-19 outbreak. Nonetheless, information and hearing sessions were organized at social distance both in Sint Maarten and internationally during the weeks of March 30 and April 6. The use of social media is therefore a crucial instrument as has been experienced in those weeks where stakeholders were called to respond to draft documents and provided useful feedback which, where relevant, was incorporated in the revised documents. Within two months of signing the Grant Agreement with the WB, one generic information session on the overall Project will be organized for stakeholders. It is expected that due to COVID-19 this information session will have to be organized through (social) media. This at the same time will be the official start of the Project characterized by a substantial grant component. Component 1 is the grants component to be provided to local CSOs for reconstruction and resilience. The grants component has two separate modalities. In order to achieve quick visible results, in year one of Project implementation two simplified grant scheme cycles will be organized, the so-called ‘quick win’ application rounds based on pre-selection rather than a call for proposals which will become effective in following years. The ‘quick win’ rounds are ready for immediate implementation following sub-project approval. The ‘quick win’ rounds will enable CSOs in Sint Maarten to apply for funds for quickly achievable, one-off actions, that fit within the criteria of the round which include relatively small requests for funds, ESMF-VNGI-OCT20-VERSION 17 Table 5.1 Summary of Potential Environmental, Social, Health and Safety Risks for Grants funding for Small Works and Minor Repairs Component/Activities with Potential Environmental and Scope of works Potential Environmental and Social Impacts and Risks Social Impacts Removal of Damaged Parts of Buildings Debris and Waste Generation. Debris and other waste Damaged parts of buildings such as interior ceilings, walls, material will be generated from the demolition site and doors and windows will be removed or demolished and clean-up activities taken to avoid site pollution. transported to the debris disposal site. Minor Mold Remediation Community Health and Safety Risks Small scale mold remediation works may be needed through Staff working on the rehabilitation of buildings are exposed cleaning of affected material or removal of the affected to risks associated with construction activities. Small scale material. mold remediation works may have an impact on infants, elderly or people with respiratory diseases. Community also needs to be protected from any potential GBV/SEA from workers. Nuisance from the Rehabilitation Activities Component 1 – Sub-project Noise and vibration (limited due to no use of heavy grants provided to CSOs and equipment), dust and minor vehicular movement from the allocated to small works rehabilitation activities may cause nuisance to nearby activities as mentioned in communities and workers. section 5.2 Demolition of Damaged Structures Occupational Health and Safety (OHS) Risk Damaged parts of buildings such as walls, doors and windows OHS risks are associated with minor demolition works and will be removed and transported to the debris disposal site. collection and removal of debris. The COVID-19 outbreak disrupted organizing of additional physical information and hearing sessions to record final observations made by stakeholders. Community Health and Safety Risks Communities living around sub-project sites are exposed to risks associated with rehabilitation activities. Mold remediation works may pose health risks to infants and persons recovering from surgery, immune suppressed people, or people with chronic inflammatory lung diseases (e.g., asthma, hypersensitivity pneumonitis, and severe allergies). ESMF-VNGI-OCT20-VERSION 18 Table 5.2 Standard ESHS Mitigation Measures for Minor Works/Minor Repairs ESHS Responsibility Risks/Impact/ Description of the Risk/Impact Mitigation Measures Implementation Supervision Activity Community Exposure of community The CSO implementing the sub-project shall: CSO staff or VNGI - PIU health and members to risks while - Make sure that unauthorized access to rehabilitation sites is contractors (in safety rehabilitating small works prevented. In extreme cases, the CSO will close the site during case of rehabilitation works for the duration that rehabilitation works outsourcing) are under implementation; - Guarantee that all employees (both paid and voluntary workers) respect the Code of Conduct (CoC) before starting activities (Annex 6 to this ESMF includes the CoC for CSOs; - Disclose type and duration of rehabilitation works to affected communities and other stakeholders; - Share the GRM mechanism with stakeholders including the way they can submit a complaint. - Follow GoSM mitigation measures and safeguard guidelines against COVID-19, including the use of social distancing measures, virtual gatherings, and appropriate safety measures put in place for all sub projects. Hazards at work Occupational health safety risks The CSO implementing the sub-project shall: CSO staff or VNGI - PIU site associated with the proposed - Identify potential hazards at worksites associated with the contractors (in rehabilitation works may result rehabilitation activities; case of from the exposure to potential - Take necessary control and protection measures to mitigate risks outsourcing) hazards at the work site or associated with the potential hazards including COVID-19 risk while working prevention measures. Occupational Lack of awareness among The PIU shall provide ESHS awareness during the pre-disbursement VNGI - PIU VNGI - PIU risks at work workers on the ESHS risks and training sessions to CSO staff, as part of their regular training, before site requirements of the Project they start working on site, on primary ESHS risks associated with the proposed small rehabilitation works. Personal Lack of relevant PPEs will CSO staff shall provide a minimum of PPE to employees when they CSO staff or VNGI - PIU Protective increase the risk of worker’s are actively involved in rehabilitation works based on contractors (in Equipment (PPEs) exposure to hazards; Lack of requirements (e.g. safety boots, helmets, masks, gloves, protective case of and First Aid Kits FAK and knowledge of first aid clothing, goggles and ear protection). A basic FAK should be outsourcing) (FAK) may aggravate possible minor available on each site where rehabilitation works are wounds implemented. Cost for this equipment included in the budget14. 14 In case external contractors will execute the small rehabilitation works, these contractors will be responsible for taking the necessary protection measures for their workers. This will be checked on an at random basis by the PIU. ESMF-VNGI-OCT20-VERSION 18 ESHS Responsibility Risks/Impact/ Description of the Risk/Impact Mitigation Measures Implementation Supervision Activity Building Hazards from falling debris and - Remove or secure objects that may fall while workers work CSO staff or VNGI - PIU demolition objects under them. contractors (in works case of outsourcing) Workers Lack of safe drinking water and The CSO implementing the sub-project shall: CSO staff or VNGI - PIU facilities at the sanitation facilities create - Arrange safe drinking water to workers; contractors (in works/construct unhygienic conditions at - Provide adequate sanitation facilities; case of ion sites worksites - Clean all worksites on a daily basis; outsourcing) - Ensure that workers do not eat, drink or smoke in working areas. Child and youth Children under the age of 15 VNGI shall, with the exception of skill development CSO staff VNGI - PIU labor years are prohibited from (work/learn) internships, not allow hiring labor less than 18 VNGI - PIU working. Youth workers of age years of age for rehabilitation works. 15 to 18 have some work restrictions. Children under the age of 16 should undergo compulsory education Grievance Workers shall have access to a If the CSO staff or external contractors responsible for the overall VNGI - PIU VNGI - PIU Redress GRM to raise concerns related management of minor rehabilitation works do not address Mechanism to the work environment concerns, employees will directly address the GRM mechanism (GRM)15 developed by VNGI. The VNGI Project TL will track all complaints and present them in a quarterly report. There is a specific GBV/SEA referral mechanism (added in the SEP and LMP) that will be shared with community and monitored by the Project TL. VNGI has identified a special counsellor for GBV and SEA and will support referrals for GBV and SEA victims. 15 The GRM tracking form is attached as Annex 4. ESMF-VNGI-OCT20-VERSION 19 that contribute to the goal of enabling CSOs to carry out delivering their services and thus contributing to the resilience of the island. Beyond year one, the second modality will become effective where CSOs will submit sub-project applications following a standard set of stages. The criteria for application will be defined more precisely in the sub-project Grant Manual (GM) and following an assessment of the ‘quick win’ results. In year two and beyond five full application cycles will be organized. The five cycles of the project, launched in year two and beyond, are characterized by the following stages articulated in detail in a separate GM. These include: Stage Environmental and Social Activities Sub-project Design Stage Sub-project Design Stage Official announcement to stakeholders that sub-project Before sub-project proposals can be submitted, a sub- applications can be submitted in line with the project GM will be developed for potential applicants guidelines as documented in the GM. Both, relevant which includes selection criteria, guidelines and thematic areas as well as the nature of the applicants instructions in line with the ESSs which sub-project will be disclosed. applications should meet. The criteria, instruction and guidelines are explained in an information session organized by the PIU5. Applicants will receive both a hard and soft copy of the GM which can be consulted while preparing the application. The information will also be disclosed through social media. For each cycle a separate generic information session will be organized. Request for Clarifications Request for Clarifications Potential applicants have an opportunity to raise Questions and clarifications on specific sections of the concerns and questions on the grant scheme and its GM can be submitted to the PIU via E-mail in writing. concurrent procedures and guidelines A need for The PIU will collect all questions/observations and adjustment or clarification can result from these official respond within a certain time interval which will be requests for clarifications received from potential communicated to the CSOs. Responses on questions applicants, but also from omissions observed in the and clarifications will be put on the Project website documentation. which makes it transparent and available to every potential applicant Submission of Applications Submission of Applications Applications submitted under this grant scheme will The thematic areas to be covered by an application have to comply with the general notions of the Project. should cover one or more of the following categories: Eligible sub-projects must provide proven evidence community councils/neighborhood initiatives and that they cover one or more of the identified priority initiatives for relief; day care centers/afternoon school sectors defined under the NRRP17. Hence, each grant programs and activities; sports and recreation application is expected to present a sub-project activities/facilities; nature and environment (recycling) proposal that contributes to the redevelopment and/or and animal welfare activities; art, cultural, strengthening of community, economic and/or archaeological and heritage activities; psycho-social government structures. support and emotional support; poverty relief and youth employment/entrepreneurship. Special emphasis for vulnerable groups (poorer segments in society, gender, minors, elderly, displaced and disabled people) is mandatory. 16 TheWB Environmental and Social Framework (ESF) sets out the WB commitment to sustainable development, through a policy and a set of environmental and social standards designed to support projects with the aim of ending extreme poverty and promoting shared prosperity. 5 The COVID-19 crisis demands for customization. ESMF-VNGI-OCT20-VERSION 20 Assessment of Applications Assessment of Applications Applications will be screened on completeness and The application (both hard and soft copy) is received whether all administrative requirements are met. on-time. The application follows the standard formats Applications that pass this first stage will be reviewed and templates. The sub-project proposal fits within the on their technical and financial feasibility in line with theme categories identified above. The related budget the standardized rating system of the assessment grid. does not exceed the maximum. When submitting an application in partnership with The grant application assessment grid provides for a (an)other organization(s), the evaluation of the standardized rating system per predefined variables financial capacity is based on the capacity of the lead with a maximum score of 100. The grid includes three applicant. main categories on which scores can be attained: organizational capacity, quality of the application including specific E&S risk factors identified, and budget. Sub-projects will not include major civil works nor new construction, only rehabilitation. In addition, sub- project s will not include any land acquisition or displacement of populations. Selection, Negotiation and Contract Awarding Selection, Negotiation and Contract Awarding After review and assessment of the application and In case E&S measures remain underexposed in the before contract awarding, the PIU reserves the right to application, the PIU can insist on a clarification from the ask for justification on entries in both the technical as CSO and how to mitigate E&S risks that can result from well as the financial part of the application. This could project activities (e.g. GBV and SEA prevention). Only result in a request for amendments and/or corrections when there is full clarity on the E&S risks, potential of the sub-project proposal. impacts and corresponding mitigation measures incorporated in the subproject, a sub-project agreement will be signed. Training and Capacity Building Training and Capacity Building Before implementation, CSO staff involved in sub- E&S implications of the grant mechanism will be project activities will participate in a PDT session which explicitly described in the Operations Manual (OM), a is obligatory. Before the first financial transfer to CSOs copy of which will be distributed (both hard and soft will be made, involved CSO staff will become familiar copy) to each CSO which has been selected to with all the sub-project aspects (operational and implement a sub-project. financial management, reporting requirements and During the PDT, the PIU will systematically cover each monitoring). section of the OM including the E&S implications it During sub-project implementation the PIU will could have for a specific sub-project. Social inclusion organize on an annual basis additional capacity and vulnerability are aspects that will be prominently development training known as Learning Benchmark stressed during the PDT and LBT. Training (LBT) where CSO staff meet with fellow colleagues and provide and share experiences and lessons learned with staff of other CSOs to ensure that experiences and expertise will be widely available throughout Sint Maarten. 17 Community recovery, economic recovery and government recovery. Reference is made to following publication: ‘Sint Maarten National Recovery and Resilience Plan – a roadmap to building back better’, World Bank Group. ESMF-VNGI-OCT20-VERSION 21 Sub-Project Implementation Sub-Project Implementation During sub-project implementation applicants are In the reports to be submitted, CSOs will report required to submit narrative reports on progress of following a pre-developed template and in a simple their sub-project. Narrative reports provide the PIU manner how E&S aspects of sub-projects are with concrete and detailed insight in the progress of the safeguarded. In case of small works activities this sub-project, as they are based on the output and means what precautions have been made to protect outcome indicators to be achieved. Exact deadlines for project staff employees and other stakeholders. For submission of reports and the exact period it will cover environmental or cultural heritage activities CSOs will are dependent on the duration of the sub-project, its have to explain clearly that interventions will not starting and end date. damage the environment. The PIU also requires insight in the use of the grant The PIU will monitor sub-project implementation. In budget. All applicants are required to submit a financial case a CSO will have to take additional preventive report on the use of the grant budget. Financial reports measures to mitigate environmental and/or health will be checked on compliance with the contractual risks that will have a negative impact on the budget, the agreement, on correct use of the format, the inclusion CSO will immediately inform the PIU in writing. The PIU of only real costs and the balance of advances received. and the CSO will jointly discuss and take necessary action. In case the intervention is of substantial nature, In addition, the PIU will compare the use of the grant the issue will be forwarded to the PTC for advice. budget with the interim results achieved (as indicated in the narrative report) to ensure that the costs claimed follow the principles of fairness, reasonableness and are related to the proposed project activities. Sub-Project Monitoring and Evaluation (M&E) Sub-Project Monitoring and Evaluation (M&E) M&E enables the PIU to ensure a proper sub-project The PIU will continuously monitor whether the social implementation and to gain insight in achieved and environmental conditions on the site are still in line (interim) results and in lessons learned of what works with what has been described by the CSO in the sub- and what does not. Those lessons can at a later stage project proposal. contribute to an informed decision-making process on In situations where during implementation the the impact of support initiatives. The M&E task implies circumstances have changed and a demand for of systematic and on-going data collection, information corrective action is required, the CSO will, after having gathering, analysis and feedback. CSOs will collect in a consulted the PIU, and within the available budget, systematic manner data and provide these to the PIU in take necessary corrective action. particular through their regular reporting. In case the corrective action is beyond the current Apart from data and information provided by CSOs to budget, the PIU is obliged to take the issue to the PTC the PIU through their narrative and financial reports, the where a decision to make additional funds available can PIU itself will also collect data on the progress of the be taken. grant implementation by conducting surveys, review of In case a CSO is not willing to take corrective action, the reports, field visits and communication and data sharing sub-project grant can eventually be suspended. with relevant stakeholders. Staff of the PIU will at random make field visits to project sites to check whether environmental and social aspects, as indicated in the sub-project outline, are safeguarded. ESMF-VNGI-OCT20-VERSION 22 5.3 ESMF reporting VNGI will report progress on the implementation of the Project periodically. Table 5.3 indicates the monitoring parameters that the VNGI TL will apply for grants financing minor works/minor repairs. VNGI will adjust reporting and monitoring requirements for CSOs after receiving the first batch of grant requests during project implementation. Table 5.3 ESMF Monitoring Plan for Sites where Minor Works/Minor Repairs are executed Monitoring Means of Compliance Responsible # Frequency Parameter/ Activity Monitoring Indicator/Threshold Limits Agency 1 Rehabilitation works Ensure that Control measures Quarterly VNGI - PIU site inspection workplace hazards implemented and specified in are tackled inspection report 2 Workers aware of Check All CSO staff active under the Quarterly VNGI - PIU ESHS risks and CoC documentation, Project have attended the training records PDT where information on and interviews ESHS and CoC has been with workers provided 3 Use of PPE by CSO Visual inspection Use of PPE adequate Quarterly VNGI - PIU staff on use of relevant PPEs 4 First Aid Kits at Visual inspection All worksites shall have Quarterly VNGI - PIU worksites and interviews adequate first aid kits 5 Water and Visual inspection Availability of safe drinking Quarterly VNGI - PIU sanitation facilities and interviews water and sanitation facilities at worksites 6 Cleanliness at Visual inspection Worksites shall be clean Quarterly VNGI - PIU worksites without rubbish 7 Grievances from Grievances All grievances shall be Quarterly VNGI - PIU staff or registered through addressed with 14 days of the beneficiaries18 GRM tracking form complaint acknowledgement and resolved of receipt within 2 days). 8 Waste Management Visual inspection of Facilities are clean and waste Quarterly VNGI - PIU sites collection and disposal facilities in place 18 The GRM is described in detail in the SEP. ESMF-VNGI-OCT20-VERSION 23 6 Project Institutional Arrangements and Capacity Building 6.1 Institutional Arrangements for Project Implementation The PIU will manage the on-grant mechanism from call for proposals to award, provide implementation support and supervise the activities of CSOs when implementing sub-project activities. Local CSOs submitting an application will undergo basic eligibility criteria screening. Detailed eligibility criteria will be included in the separate GM. Selected grantees will implement sub-projects at community level. The TL is on behalf of VNGI and the PIU overall responsible for the project, including implementation of the ESMF. Certain tasks and/or responsibilities, however, may be delegated to PIU staff of VNGI who frequently travel to the work sites for more regular management and monitoring. PIU staff visiting sub- project sites may play a supportive role to the TL who is responsible for delegating tasks, but also for following up and ensuring (monitoring) tasks are adequately executed. The different roles and responsibilities of relevant PIU Project staff in the environmental and social management of the Project are presented in the table below. Table 6.1: Roles and Responsibilities in Environmental and Social Management of the Project Staff Responsibilities • Assist VNGI in drafting the Environmental, Social, Health and Safety requirements in accordance with the ESMF and integrating the ESMF into the contract documents. • Supervise VNGI PIU staff employees. • Investigate and report all incidents related to environmental, social and health aspects. Carry out root cause analysis for all major incidents, and recommended actions to be taken to rectify the failure that led to these incidents. • Assist VNGI in implementing its Environmental Social Commitment Plan. • Prepare and submit to the WB monitoring reports on the environmental, social, health and safety (ESHS) performance of the Project, including, the implementation of the ESCP and the ESMF, stakeholder engagement activities, status of complaints received by the GRM mechanism and other aspects of monitoring ESHS as detailed in the ESMF. • Promptly notify the Bank of any incident or accident related to the Project which has, or is likely to have, a significant adverse effect on the environment, the affected communities, the public or Team Leader workers, such as possible impact of natural hazards during Project implementation or any violations of the CoC. • Provide sufficient detail regarding the incident or accident, indicating immediate measures taken or that are planned to be taken to address it, whilst taking into account relevant data protection and privacy laws. Subsequently, as per the WB’s request, prepare a report on the incident or accident and propose any measures to prevent its recurrence. • Screen and supervise any repair works in accordance with the ESMF prepared for the Project in a manner acceptable to the WB. • Implement the LMP that has been developed for the Project. • Implement community disaster awareness and preparedness messages as underlined in the ESMF. • Implement GBV and SEA prevention measures underlined in the ESMF, including a CoC and informing Project affected communities about GBV and SEA risks. • Establish, maintain and operate a GRM for the Project, as described in the SEP. • Investigate and report all incidents related to environmental, social and health aspects. Carry out a root cause analysis for all major incidents and recommended actions to be taken to rectify the failure that led to these incidents. • Supervise and support work executed by CSOs to ensure compliance with the environmental, social, health and safety requirements of the bidding documents and ESMF. Other PIU Staff • Provide recommendations for implementation of corrective actions for any non-compliances and suggest improvements whenever needed. • Provide regular training programs to CSO staff associated with the project activities. • Execute on a regular basis at random site visits to check progress of sub-project activities. • Carry out regular consultations with stakeholders following the SEP. ESMF-VNGI-OCT20-VERSION 24 6.2 Institutional Arrangements for ESMF Implementation At Project level, the PIU (represented by the TL) will, on a day-to-day basis be responsible for ESMF implementation. VNGI (represented by the Senior Project Manager) will, at all stages of the process be informed and have regular consultations with the TL on actions to be taken. The PTC, overarching the project, will receive on a regular basis up-to-date information about progress of the Project including the advancement of the ESMF. Should there be a need to interfere within the fixed reporting period, the Project TL can always submit a request for the PTC to convene. 6.3 Capacity Building and Training Due to the fact that in principle all CSOs must get an equal opportunity to submit an application which meets basic requirements, the PIU will, during the preparation stage of the overall program, organize not only generic information sessions but also provide TA to staff of organizations that are less adept to the submission of complex project proposals. Such support will not only provide CSOs with the necessary assistance during preparation leading to higher quality proposals, but also strengthen the internal technical capacity of CSOs resulting in better operating organizations. A crucial aspect of the Project will be to make CSOs and staff attached to these CSOs resilient to assure that they will be able to better absorb future shocks. Prior to Project implementation, staff of selected CSOs will participate in a PDT. Main aim of the PDT is to familiarize CSO staff with the rules, regulations and requirements, both technical and financial, identified under the Project. The content of key documentation such as the ESMF, SEP, LMP and ESCP will be subject of discussion. But also the content of the GM and OM will be disclosed to assure that CSOs act according to the rules and guidelines developed. During Project implementation, the PIU will at least once a year organize a LBT session. Main aim of the LBT is to call all stakeholders together to learn from their field experiences and to give them the opportunity to share experiences with other stakeholders. Once sub-project proposals are approved, a CSO will operate in relative isolation during implementation of their sub-project. At regular intervals, the PIU wants to bring stakeholders together to exchange views, ideas and discuss about lessons learned. Should there be a need during implementation of the Project to provide repetitive information on sub- project guidelines as described in the different written documents, the PIU can organize a so-called Refreshment Training Session (RTS). Especially in cases where there is a substantial staff turnover within CSOs, there might be a request for such an RTS for newcomers. The PIU will keep a close eye on such needs. At the end of the project, the PIU will organize an official closing conference in which the main outcomes of the Project will be disclosed and experiences officially shared. 6.4 ESMF Budget The project budget allows for the deployment of expertise to ensure that project operations are in line with the ESMF framework. The budget line for this totals US$ 38.100. This will allow for a maximum of 15 working days per calendar year for additional support on the project safeguard strategies (60 expertise days in total over the course of the 4 project years). This budget line can be used for a review of the ESMF framework and possible necessary updates, training of the project team on WB standards on safeguards and the processing of complaints received on the project in case needed. Given the demand-driven nature of the project there is flexibility under this budget ESMF-VNGI-OCT20-VERSION 25 line to divide the expertise days over these (and possible other) activities. Clearly, the project will report over the use of this budget line in its periodic progress reports. 7 Stakeholder Engagement and Information Disclosure 7.1 Stakeholders of the Project The project has a range of stakeholders who are broadly categorized in accordance with ESS 10: The prime stakeholders of the Project, the ‘Project affected parties’, will be the citizens and communities of Sint Maarten who will benefit from rehabilitated cultural, environmental, social care and after school facilities and services, and skills development implemented under said Project. Inclusiveness and transparency will be key words during both the preparation as well as implementation stage of the Project in order to guarantee unambiguity and full support during the entire process. Target groups will be consulted before and during Project implementation to make sure that the Project will keep addressing the main aim, reconstruction and improving services and building resilience. CSOs will voice the needs of citizens and communities and will develop a relevant proposal to be financed under the Project. Special attention will be addressed to the most vulnerable segments of the society, people who have been directly affected by the hurricane, who lost their job(s) and/or currently live below or around the minimum living wage rate. The most vulnerable groups are considered to be single headed households, minors, disabled persons and elderly, having difficulties in reaching a minimum subsistence level. CSOs have played a key role in the socio-economic restructuring of the country following hurricane Irma. The GoSM is another important stakeholder in this process. It is therefore of utmost importance that both the Government and the civil society will remain closely connected and support each other during project preparation and implementation in order to avoid any misunderstanding and/or duplication of activities. Mutual cooperation will be a key success factor in achieving the main aim of the project. 7.2 Stakeholder Engagement A Stakeholder Engagement Plan (SEP) has been prepared and publicly disclosed. The PIU will be responsible for regular communication with stakeholders through the following mechanisms: Visibility and Community engagement in line with the different project stages by use of: • Social media (Website, Facebook, on-line newspapers, E-mail (MailChimp) • Printed newspaper • Radio and Television advertising and interviews • Physical information sessions and meetings (one information session per grant cycle) • Brochures and flyers • Registration and evaluation forms • Beneficiary surveys (see reporting and monitoring) • On-site visits Capacity Strengthening and Training • Pre-disbursement Training • Learning Benchmark Training sessions to discuss possible bottlenecks and exchange experiences and relevant sub-project information • Other Refreshment Training (technical and financial) upon request • Individual grantee coaching and support ESMF-VNGI-OCT20-VERSION 26 • Final conference 7.3 Consultation Meetings on the ESMF and Feedback On-going consultations will be continuously organized with CSOs, community representatives, NRPB, relevant GoSM Ministries and other stakeholders such as media representatives. Any feedback or inputs on proposed scope of work, risks and mitigation measures received will be documented and if necessary adjusted into Project documents. Updated versions of these documents will be shared with the WB for approval prior to public disclosure by both the WB and the VNGI. Consultations made under this ESMF is a follow-up of previous steps of engaging all stakeholders involved in the Project to provide them an opportunity to deliver any input and/or feedback to the Project. Annex 4 of this ESMF includes a list of key dates where feedback from stakeholders has been sought and received. Once the draft E&S risk management documents were developed, a consultation process on Sint Maarten started. The following activities were organized: • E&S risk management documents were published on the Websites of Foresee Foundation and the NPOwer platform; • A press release was published via the Daily Herald and on the mentioned websites; • Messages were spread via social media (predominantly Facebook); • Links were created on the Website of the WB Trust Fund and Dutch representation (VNP); • Direct E-mails were sent to the Ministries of General Affairs, Education and Social Affairs and Health, as well as to the NRPB; • The NRPB forwarded the draft E&S risk management documents to the Social Economic Council (SER) and Ombudsman for feedback. Following this outreach to Project stakeholders, dedicated one-to-one feedback sessions were organized for all being present during the NGO workshop organized in August 2019. Main aim was to obtain direct feedback from these entities and as a clear follow-up to the said consultation activity. Some of the results and feedback received following the consultations include: • The set-up and design of the Project are widely endorsed by almost all stakeholders; • Stakeholders call on the Project to operate flexible and adapt to local circumstances; • A recommendation was made to build on initiatives already present in Sint Maarten (through the ‘Samenwerkende Fondsen, NPOwer’, etc.) and not ‘re-invent the wheel’ or duplication; • Stakeholders confirm the need for capacity building and TA next to the grant mechanism; • Advice has been given to also allow for income generating activities to be funded under the Project, as well as for private-public partnerships; • The E&S risk management instruments should remain ‘living documents’. The PIU remains open for any feedback, advice and/or suggestions during project implementation and will adjust the E&S risk management documents accordingly. The ESMF is a living document and will be updated continuously as conditions or the Project change. ESMF-VNGI-OCT20-VERSION 27 List of Annexes Annex 1 – Institutional and Implementation Arrangements Diagram Annex 2 – Project Organization Civil Society Partnership Facility for Resilience Project (CSPFRP) Annex 3 – CSOs categorized based on Thematic Focus Area Annex 4 – Overview of the CSPFRP Consultation Process and Resources Used Annex 5 – Meeting minutes for NGO Workshop Annex 6 – Values and Policies of VNG International (VNGI Code of Conduct) Annex 7 – Workers operating under CSOs Code of Conduct Annex 8 - Social and Environmental Screening Checklist And Cultural Heritage Screening Checklist ESMF-VNGI-OCT20-VERSION 28 Annex 1 – Institutional and Implementation Arrangements Diagram NL Ministry of Interior (MinBZK) Project Technical Committee (PTC) CSO Grantee Project World Bank Implementation CSO Grantee Unit (PIU) CSO Grantee ESMF-VNGI-OCT20-VERSION 29 Annex 2 – Project Organization Civil Society Partnership Facility for Resilience Project (CSPFRP) World Bank VNGI Senior and Junior Project Managers Component 3: Team Leader and Deputy Team Leader Component 1: Component 2: Grant Manager Capacity Development and and Finance Staff; Training Manager Independent Assessors Auditor Civil Society Organizations ESMF-VNGI-OCT20-VERSION 30 Annex 3 – CSOs categorized based on Thematic Focus Area19 Thematic category Focus No. %20 Advocacy-Social support- Anti-poverty groups, associations for certain groups, legal 14 4.8% Housing aid for citizens, housing development foundation. Arts–Culture- Heritage Dance, crafts, theatre, cultural events, musical 20 6.8% instruments, heritage or museums. Community Development Community councils, service clubs, community development groups, women foundations, children voices’ 40 13.6% foundations. Funding-Support to NGOs CSOs providing funds to other CSOs (Be The Change Foundation/SXM DOET, Island Gems, Prins Bernhard 5 1.7% Cultuurfonds, Samenwerkende Fondsen, SMDF. Health-Care- Lifestyle Substance abuse, lifestyle, association of psychologists, disease awareness, child support, sea rescue, medical 27 9.2% services. Labor-Income-Trade Awareness through trade associations and labor unions. 7 2.4% Nature-Environment- Green organisations, wildlife, nature, trails and hiking, 16 5.4% Animals waste2work. Schools-Education-Day- Children foundations with an educational focus, nurseries, care-After school activities playschools, day care, performing arts academy, learning centres, primary schools, high schools, colleges, 91 31.0% university, library, preparation for employment, training for professionals. Sports-Recreation Sports clubs and associations, scouting, sailing. 54 18.4% Poverty Alleviation Poverty relief organizations, food distribution 2 0.7% Faith Based Churches and religious foundations 18 6.1% Overall Total 294 100.1% 19 Tablebased on NPOwer NGO database (updated version - July 2019). 20 Thematiccategories as % of overall total. Education, sports-recreation and community development consist of 63% of areas on which CSOs are focused. ESMF-VNGI-OCT20-VERSION 31 Annex 4 – Overview of the CSPFRP Consultation Process and Resources Used Key Dates Date Activity Highlights • VNG International mission, • First exploration with World Bank and including consultations with World Foresee Foundation of a possible Bank and Foresee Foundation; CSPFRP project. Discussions on partnership for the project and a 17-23 March 2019 possible division of roles and responsibilities; • Discussions with the VNP on its vision on the project and its preferred set-up; • VNG International mission, • Further discussions with Foresee and including meetings with World World Bank on needs of civil society; Bank and Foresee Foundation; • Discussions with the government (AZ, 13-18 May 2019 VSA) on the possibilities for the project, needs of local communities and involvement of the government in the project; • VNG International mission, • Progress update meetings with World including meetings with World Bank, VNP and Foresee Foundation; Bank, SMDF and Foresee • Discussions with SMDF on the CSPFRP Foundation; project and the role SMDF foresees for 22-26 June 2019 itself; • Discussions with SMDF and Foresee on the priorities for CSOs on St Maarten and sub-projects expected to be applied for; • Online civil society survey on • All CSOs in NPOwer’s database on St challenges and needs for CSOs on Maarten reached; St Maarten; • 75 detailed responses from CSOs on organisational features, target groups July/August 2019 and most pressing needs and challenges; • Important needs identified in the field of employment creation and support to aftercare facilities; ESMF-VNGI-OCT20-VERSION 32 Date Activity Highlights • Cluster meetings with CSOs on the • 7 thematic cluster meetings organised; upcoming support facility and • Participation of 37 organisations in the assistance needed21; cluster meetings, representing CSO’s as well as government authorities (e.g. VSA); 19 August 2019 • Feedback gathered on the need for flexibility of the project, quick win sub- projects and pressing needs; • Needs identified on technical assistance to complement grant project support and support to job creation; • VNG International mission, • Progress update meetings with World including meetings with World Bank and Foresee Foundation; Bank, SMDF and Foresee • Discussions on the proposal, budget and Foundation; team arrangements within the project; 13-21 November • Updates shared on priority projects for 2019 CSOs; • Discussions with the government (AZ, VSA) on the project and the government’s involvement; • Consultation mission VNG • Meeting with SMDF on collaboration and International – in joint roles and responsibilities within the collaboration with World Bank project; staff; • Meeting with Chamber of Commerce on collaboration in the project in the context of the PTC; • Meeting with the Nature Foundation on 19-25 January collaboration, technical committee, and 2020 needs of local communities; • Discussion with World Bank on safeguard requirements; • Meetings with implementing partner Foresee Foundation on the project design; • Attended NPOwer CSO meeting about upcoming NGO conference; • Consultation mission VNG • Visit NRPB, VNP and AZ to learn about International, including exchanges their role and position in relation to the with local CSOs; WB administered trust fund; 16-22 February • Discuss with a CSO delegation (White 2020 Yellow Cross Foundation and the Foresee Foundation) the civil society support facility. 21 Including representatives of the following sector: Community Councils/Neighbourhood initiatives/emergency relief, Day cares/Play schools/Afternoon school programmes and extra-curricular activities, Sports/Recreation, Nature/Environment/Animal Welfare/re-/upcycling, Art/Culture/Archaeology/ Heritage, Psycho-Social support/ Mental care and Care for elderly and disabled/poverty relief and other vulnerable groups. ESMF-VNGI-OCT20-VERSION 33 Date Activity Highlights • NGO conference organized by • Participation rate of seventy (70) CSOs; Foresee Foundation and its • Training and familiarization sessions 22 February 2020 NPOwer platform. organized on diversity of subject areas; • Networking instrument (exchange views and experiences). • NPOwer survey on current needs • Survey indicated that next to Irma, and impact of COVID-19 on COVID-19 is also expected to disrupt the March – April 2020 priorities. society; • Other priorities may be identified (e.g. food support, mental assistance). Key Resources Website - Friday, April 3rd 2020 https://www.npowersxm.com/ Press releases – Saturday, April 6th 2020 The Daily Herald: https://www.thedailyherald.sx/islands/vng-issues-urgent-call-to-local-ngos - printed newspaper and online Online newspapers: SXM Islandtime, SMN news, Island Talk, Soualiga Newsday, 721News, Caribisch Netwerk (Curacao): https://smn-news.com/st-maarten-st-martin-news/34427-project-strengthening-non-governmental- organizations-ngos.html https://sxmislandtime.com/project-strengthening-non-governmental-organizations-ngos/ https://www.soualiganewsday.com/index.php?option=com_k2&view=item&id=30745:call-for-urgent- ngo-stakeholder-feedback-ngos-strengthening-project&Itemid=450 https://www.sxm-talks.com/the-daily-herald/vng-issues-urgent-call-to-local-ngos-the-daily-herald/ Emails sent via npowersxm@gmail.com: 436 sent out on Saturday, April 4th 2020 before 11:30 AM (26 emails not delivered) Facebook: NPOwersxm: https://www.facebook.com/NPOwerSXM/ NPOwer Community Service page: https://www.facebook.com/groups/sxmcsos/ VNP : https://www.facebook.com/vnpsxm/ Links to Feedback form: https://docs.google.com/spreadsheets/d/1GtjsunKkIik8lzugWZz7YLQJAP2fmeDjKzW9EUXtXyg/edit#gid= 1266240308 https://docs.google.com/forms/d/11qVudhP7qVkN2VyeUKUSjD_9kxEV80YdsVs9O7fnACw/edit#respons es ESMF-VNGI-OCT20-VERSION 34 For immediate release – The Daily Herald Project: Strengthening non-governmental organizations (NGOs) Feedback URGENTLY needed! Call for NGO Stakeholder Feedback: Non-Governmental Organizations (NGOs) Strengthening Project VNG International (VNGI) is calling on all NGO stakeholders for input to strengthen the NGO sector, in a post Irma recovery and reconstruction effort. VNGI, through the World Bank managed Trustfund, financed by the Government of The Netherlands, has been diligently working on a grants mechanism, which will launch periodic calls for proposals, to fund projects with recovery and rehabilitation objectives, as well as providing technical assistance and capacity building for the grant beneficiaries (NGOs). VNGI has been working on Sint Maarten in the context of the recovery and reconstruction efforts since the passing of hurricane Irma in 2017. Given the importance of close involvement of all stakeholders and to ensure proper consultation, VNGI is calling on all NGO sector stakeholders to review two of the main instruments used for this purpose, namely the draft 'Environmental and Social Safeguards Instrument' and the draft 'Stakeholders Engagement Plan'. Both need NGO Stakeholder input to be further processed. Kindly go to www.npowersxm.com and provide your comments using the provided 'Feedback Form'. If you have questions the local advisors are happy to assist you and you can send an email to npowersxm@gmail.com or call 581 5050. ESMF-VNGI-OCT20-VERSION 35 Areas of Interest Organization St. Maarten Development Fund K1 Britannia Freegan Food Café Community Councils/ Red Cross Neighbourhood Ministry VSA initiatives, emergency relief, ADRA International (ADRA SXM) Tzu Chi Foundation Rotary Clubs SECDA (platform for Daycares/after-school prog.) Daycares/Play Belvedere Community Center schools/Afternoon Stichting Ervaringsgericht onderwijs school No Kidding with our Kids Foundation programs and activities Ministry VSA Youth Council Association National Sports Institute National Sports Federation Sports and Recreation Ministry ECYS United Academy Key Nature/Environment/Animal Nature Foundation EPIC Welfare/ Green Initiative/Waste to Work re-/up-cycling Animal Defenders National Institute of Arts Philipsburg Jubilee Library House of Nehesi Publishers SIMARC Art/Culture/Archeology/ Monument Council Heritage ArtCraftCafe Foundation Department of Culture Cultural Center/New Generation.. Dance Theatre APAP (Association psychologists) SFPO (Association Social Workers) Psycho-Social support/ Mental Health Foundation Mental care Dr. J. Foundation Stichting Justitiele Inrichtingen St. Maarten Voogdijraad Areas of Interest Organization White & Yellow Cross Care Foundation SXM Sen. & Pension Assoc.n/Anti -Pov. Platform Care for elderly and disabled/ Helping Hands Foundation Excellence Learning Academy poverty relief and other Safe Haven vulenrable Turning Point Foundation groups AIDS Foundation COME Women Desk Stakeholders ESMF-VNGI-OCT20-VERSION 36 Annex 5 – Report NGO Workshop – 22 February 2020 NPOs Unite! ‘It Takes More Than Two to Tango’ WEEKENDER29FEBRUARY 2020HITS: 1180 While the island has long had hardworking non- profit organisations (NPOs) and non- governmental organisations (NGOs), which have made strides despite lack of substantial support, the monster hurricanes of 2017 became a make-or- break situation for many on the island. It became overwhelmingly evident in their aftermath, how essential NGOs are to society. Last weekend, the NPOwer NGO Conference, dubbed “It Takes More Than Two to Tango�, brought together around 150 attendees – representing 65 organisations, in the spirit of solidarity, cooperation, and promoting progress and resiliency. Held at National Institute for Professional Advancement (NIPA) in Cay Hill, the conference aimed to strengthen and build capacity of St. Maarten’s NPOs, by connecting them to resources within the community, and providing them with concrete tools. Participants at the day-long event had access to a variety of workshops, ranging from human resource management, to grant writing, financial management, psychological wellbeing, leveraging technology, dealing with legal matters, and marketing. Besides learning from the expertise of speakers, discussion and interaction were highly encouraged, and many experiences, concerns, and new ideas were shared amongst the attendees. “We have lots of people on St. Maarten with passion and compassion, but we want to see NPOs not just being established, but we want to see them doing well,� said Cassandra Richardson, one of the event’s hosts. Jose Somers, Founder and former President of 4C Foundation, said that she hopes the tools and inspiration provided at the conference could be taken and realistically implemented, as soon as they are needed. Somers continues her work in NPOs and has been a mentor to new 4C President Sjorensly Valies, also a host at the conference. Another concrete outcome of the conference, leveraging the network, was the “Twinning Challenge�, a friendly competition. NPOs were invited in advance to partner up for a project, which was pitched to the audience at the conference. Everyone was asked to vote for their favourite project, and total of US $2,250 was awarded to the new, inter-NPO initiatives, courtesy of St. Maarten Development Fund, Be The Change Foundation, and 4C Foundation. A training programme aimed at volunteer mentors for foster children and vulnerable youth was deemed the winning project, presented by K1 Britannia and Stichting Justitiele Inrichtingen St. Maarten (SJIB); $1,000 was awarded for the programme. A large-scale composting project by Green SXM and Waste2Work was awarded second place, and a sponsorship programme for afterschool activities for underprivileged youngsters, by Foundation Catholic Education and Foundation EGO Onderwijs received third place. ESMF-VNGI-OCT20-VERSION 37 Several government officials and dignitaries, including parliamentarians and department heads, attended and showed support for the initiative. Amongst them was Acting Governor Reynold Groeneveldt, who delivered the keynote address. “We are very grateful to all of you that have chosen to sacrifice yourselves, your time, and sometimes even your families in order to serve others that are oftentimes less fortunate,� he said to those in attendance. “Your efforts and activities are very necessary, as you operate in some critical areas where government oftentimes may lack the know-how or facilities to render the required services to the communities – whether it be in disaster relief, social welfare, education, healthcare or the environment, just to name a few. “I dare say that no government can adequately provide all the necessary services to its people in today’s world, especially in times of disaster, without the assistance of the NGOs and NPOs.� Keeping up the momentum between workshops and discussions were charismatic hosts – Alston Lourens, Cassandra Richardson, Sjorensly Valies, Jose Sommers, and Kevin “Suppa Kid� Petrona – a beautiful dance performance by National Institute of the Arts (NIA), live music by members and management of the Youth Orchestra, an energetic drumming performance by Souleymane Camara, and fun raffle prizes. “It Takes More Than Two to Tango� was made possible – and had an incredible show of support and cooperation – by sponsors, speakers, and volunteers too numerous to mention. The main sponsors were Nationaal Rampenfonds (Dutch Disaster Fund) and NIPA. A unique souvenir, paintings made during one of the workshops hosted by Tess Verheij, was presented to NIPA management as a token of appreciation for making the venue available. Learn more about St. Maarten’s NPOs and connect, by visiting www.npowersxm.com. Photo caption: Sjorensly Valies holds up a mic as the crowd sings “Lean on me� at the end of a successful conference. The Daily Herald (Sint Maarten), 29 February 2020. ESMF-VNGI-OCT20-VERSION 38 Evaluation NPOwer conference Date: 22 February 2020 Theme: “It takes Two to Tango� NGO Conference Number of workshops 17 Number of NGOs participating 70 Number of Participants 165 Number of presenters 29 Website: https://npowerconference2020.sched.com/ Facebook NPOwer https://www.facebook.com/NPOwerSXM/ Facebook group NPOwer Community Service https://www.facebook.com/groups/sxmcsos/ organizations General Evaluation NPOwer NGO Conference 4 - Excellent 3 - Good 2 - Fair 1 - Needs Improvement 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% ESMF-VNGI-OCT20-VERSION 39 ESMF-VNGI-OCT20-VERSION 40 Annex 6 - Values and Policies of VNG International VNG International is committed to strengthening democratic local government worldwide. With this mission in mind VNG International has formulated values and policies that determine the operation of our organization. I – Code of Conduct Wherever we operate we aim for the highest standards of performance and behavior in everything we do, according to certain principles that shall govern the conduct of every employee and expert of VNG International. See our ‘Code of Conduct’. We are aware that statements on paper are not sufficient to avoid condemnable behavior so we see the Code of Conduct as an instrument which is only useful if we discuss the mentioned values when we are confronted with dilemma’s in the daily practice of our work. The management will review annually our attention for the values expressed in the Code of Conduct. II – Human Resources Our employees and experts are central to everything we do. VNG International will invest in skills and talents of their employees through ongoing training and development. III – Security and Safety We take security and safety very seriously. That is why we have a well elaborated security and safety policy to protect our employees and experts around the world. See our ‘Security and Safety Policy’. IV – Sustainable Entrepreneurship We want to contribute to sustainable growth. That is why we operate in a way that minimizes negative environmental impact and maximizes positive social impact. Code of Conduct VNG International 1. We are dedicated to the concepts of effective and democratic local government as formulated in the “European Charter for Local Self-Government�. 2. We affirm the relevance of the services rendered by democratic government and maintain a constructive, creative, and practical attitude to local government affairs and a deep sense of social responsibility. 3. We know that we are the ambassadors of VNG International. We are dedicated to the highest ideals of honour, integrity and trustworthiness in all public and personal relationships, which means amongst other things that the use of illegal drugs, excessive consumption of alcohol, sexual harassment and bribery are prohibited in all circumstances. We are fair and do not discriminate. In case we have indications of fraud or corruption by a partner or beneficiary organisation, we will report this to the VNG International project manager or line manager, in order to define the most appropriate response. 4. We strive to achieve the highest quality, effectiveness and integrity in both the process and the products of our professional work. We only accept an assignment if we are able to offer the know-how and qualifications to fulfil it. We are straight and clear in our accountability for the results and failures of our work. We are open for criticism and see that as a stimulus for improving the quality ofwork. 5. We acquire and maintain professional competence, share information with our colleagues, and accept and provide appropriate professional review. 6. We listen carefully to our clients, partners and contracting agents in order to be able to understand and address their real needs. 7. We know that we are doing our work on the request of our clients and for the benefit of the beneficiaries. We respect cultural values, sensitivities and national laws of the country in which we work. We stick to contracts, ESMF-VNGI-OCT20-VERSION 41 agreements, and assigned responsibilities. 8. We honour property rights including copyrights and patent and give proper credit for intellectual property. We honour confidentiality and we respect the privacy of others, also as required by the General Data Protection Regulation (GDPR) of the EU. 9. We are aware that we sometimes work under difficult or dangerous circumstances and we fully comply with the ‘Security and Safety Policy’ of VNG International. 10. We uphold and promote the principles of this Code. When becoming aware of a possible violation of the VNG International Code of Conduct by staff or experts of the organization, people are strongly requested to report the matter to VNG International. Appropriate action will be taken. This may include involving a third party, as well as reporting to the authorities concerned and to the client of the project. In reporting the matter to VNG International people may choose to go on record as the complainant or report the matter on a confidential basis. Reports of violation can be sent to our HR Business Partner, Ms. Anouk de Boer: anouk.deboer@vng.nl, or tel. +31622961472. ESMF-VNGI-OCT20-VERSION 42 Annex 7 – Workers operating under CSOs Code of Conduct The objective of the worker’s Code of Conduct (CoC) is to avoid or minimize as much as possible, any negative impact that could be produced because of interrelations between the workers inside the local areas of influence. The CSO shall implement a workers’ CoC to assist all employees to: • Understand expected standards of conduct and behavior; • Comply with relevant laws and policies; • Demonstrate and promote good ethical work practice; • Respect colleagues, supervisors and community members. CSOs shall ensure that each worker receives a written copy of the CoC as part of the induction process and as part of the contract. As a requirement to be hired, all workers must sign a copy of the CoC, where they acknowledge it and certify they have read it and accepted its terms, promising to comply with its terms thoroughly and at all times. Additionally, copies of the CoC shall be made available at a visible location at the project site. Under the CoC all workers shall: • Consider people equally without prejudice or favor; • Act professionally with honesty, consistency and impartiality; • Take responsibility for situations, showing leadership and courage; and • Observe standards for safety. The workers are obliged to comply with the rules and procedures indicated in the CoC, so as to maintain good relations with the local community in the direct area of influence of the project. Any worker may be subject to disciplinary actions and/or may be fired if their behavior while he/she is employed on the project goes against the rules stated in the CoC. However, workers shall have access to the Grievance Redress Mechanism (GRM) for the project. Under the workers’ CoC, as a minimum, a worker shall comply with the following rules: Rules Regarding the Local Population ▪ The local population is defined as all people that live within the direct area of influence of the project, or in the areas used for the transportation of equipment and materials required for the activities of the project. ▪ All workers are expected to behave adequately at all times and must avoid improper relations with the local population. The CSO will not tolerate any form of harassment or discrimination, including behavior, comment, jokes, slurs, email messages or any other social media, pictures, photographs, or other conduct that contributes to an intimidating, disrespectful or offensive environment. ▪ All workers shall avoid any discriminatory conduct based on gender, age, disability, race, language, culture, political affiliations, philosophy, religion, or any other basis. ▪ All workers must comply, at all times, with all applicable environmental and health and safety rules and regulations. ▪ Should the worker fail to comply with the CoC or behave in such a way that he/she creates a problem with the local population, the corresponding action must be communicated to the CSO, detailing what happened, so that the CSO can carry out an investigation. Rules regarding Construction ▪ All workers are required to show at all times a transparent and honest behavior, and a high level of personal responsibility and professionalism, either in or out of the project area. ESMF-VNGI-OCT20-VERSION 43 ▪ All workers shall comply with all applicable laws, rules and regulations. ▪ Workers shall immediately inform the CSO management about any kind of sickness or symptom that may affect their ability to carry out their work-related obligations properly. ▪ Workers shall use adequate personal protection equipment for safety and for the prevention of COVID -19 transmission, during their activities within the project area, including the use of vehicles. ▪ Workers are not allowed to smoke or make an open fire within or in the surroundings of the project area or near any project property, including vehicles. ▪ Workers are not allowed to engage in gambling while at work and using company assets for gambling are prohibited, including during breaks. For purposes of this standard, “gambling� is defined as playing a game for money or property or betting on an uncertain outcome. Prohibited gambling activities include, but are not limited to: Games (e.g., cards, dice, and dominoes) played for money or property, including electronic games (online poker, roullete, etc,); betting on sporting events, bingo, etc. ▪ Workers are forbidden to possess, use or carry any kind or illegal drugs, medical paraphernalia, narcotics or alcoholic beverages within the project area or any project property, including vehicles. ▪ Workers are not allowed to possess or carry weapons, such as firearms, explosives, ammunitions, knives, clubs, etc., within the project area or any project property, including vehicles. ▪ All workers shall not receive or hand over money, goods or other objects of value in order to obtain benefits, receive favors or influence decisions, third parties, or themselves. ▪ Workers shall not use project funds or equipment, or other articles provided for the project for their personal benefit or any other unauthorized use. ESMF-VNGI-OCT20-VERSION 44 Annex 8 Social and Environmental Screening Checklist And Cultural Heritage Screening Checklist The checklists below must be completed by CSOs and submitted with their Grant application for confirmation by VNGI during Grant evaluation Information on the Foundation (CSO) Name CSO (or Consortium if applicable) Registered Postal Address: Telephone Number: E-mail address: Environmental and Social Screening Information Yes No Notes (if applicable) 1. Does the CSO need to have a valid environmental and/or labor license to implement project activities? 2. If the CSO requires other permits or licenses, have they taken the necessary steps to attain these before project activities start? If yes, please explain. 3. Did the CSO receive any environmental and social/labor fines, claims, penalties, or warnings from relevant authorities within the last three years while implementing project activities? 4. Have there been any negative media report or complaint from the public, community or other entity about the operation of your organization during project implementation in the last three years? 5. Does the CSO foresee activities under the project which cause excessive noise, vibration or other nuisance. If yes, please explain. 6. Does the CSO comply with the national and NRPB guidelines and good practices for COVID-19 prevention provisions at work sites? If yes, how? 7. Does the CSO comply with national law or good practice for occupational health and safety, hygiene, and employee well- being during project implementation? If yes, in what way? ESMF-VNGI-OCT20-VERSION 45 Environmental and Social Screening Information Yes No Notes (if applicable) 8. Has the CSO been involved in any significant worker health incident or safety fatality during project implementation in the last three years? If yes, explain. 9. Has there any complaint on GBV or SEA been registered by the CSO during the last three years while implementing project activities? If so, please explain. 10. In case of environmental or natural activities dealing with earthmoving, is the CSO sure that the area is not contaminated or polluted? 11. Is one or more of the CSO activities located in or around a natural area, a protected area or in an area with well- preserved vegetation. If yes what has the CSO done to guarantee that the habitat will not be disturbed? 12. Will the activity(ies) of the CSO affect coastal or marine areas (beaches, seagrass, coral reefs) or involve aquaculture, fishing, or harvesting of marine resources? 13. Will the activity involve temporarily or permanently moving people from their place of work or home? 14. Has the CSO consulted with people in the area of the project activity? ESMF-VNGI-OCT20-VERSION 46 Cultural Heritage Screening Information Yes No Notes (if applicable) 15. Will the proposed project of the CSO involve working on a site or building which is a national monument or cultural heritage resource (historic structure, artefact or landmark)? 16. If the answer to the above is Yes, has the CSO engaging with MECYS on this activity? 17. Will the proposed Project result in interventions that would impact traditional or religious values or intangible forms of culture (e.g. knowledge, innovations, practices)? 18. Does the Project propose utilizing tangible and/or intangible forms of cultural heritage for commercial or other purposes? 19. Is there the likelihood that physical activites such as earth moving impact known or unknown (buried) cultural artifacts? 20. If the answer to the above is yes does the C-ESMP contain a chance finds procedure? 21. Will the project restrict local users’ access to cultural resources including natural features with cultural significance? What are the Potential Social, Environmental Risks and Cultural Heritage risks? Note: Describe briefly potential social and environmental risks identified in the two Risk Screening Checklist. If no risks have been identified, proceed to the Certification and Authorization section. ESMF-VNGI-OCT20-VERSION 47 Certification and Authorization I certify that I have read the questions in this form, understand them, and answered them truthfully Formalized Name of CSO representative: Signature: Date: ESMF-VNGI-OCT20-VERSION 48