E3018 ISLAMIC REPUBLIC OF AFGHANISTAN Ministry of Rural Rehabilitation and Development (MRRD) and Ministry of Public Works (MPW) National Rural Access Program (NRAP) Environmental and Social Management Framework (ESMF) AFGHANISTAN RURAL ACCESS PROJECT (ARAP) March, 2012 1 Abbreviations: ARAP -Afghanistan Rural Access Project CPM -Community Participatory Monitoring CPRs -Common Property Resources CCM -Community Consultation Manual CDC -Community Development Council EIA -Environmental Impact Assessment EMM - Environmental Mitigation Measures ESMP - Environment and Social Management Plan ESMF - Environment and Social Management Framework ESMO - Environment &Social Management Officer ESMU -Environmental and Social Management Unit GRC -Grievance Redressal Committee IDA -International Development Association MoU -Memorandum of Understanding MPW -Ministry of Public Work MRRD -Ministry of Rural Rehabilitation and Development NEEP -National Emergency Employment Program NEPA -National Environmental Protection Agency NERAP -National Emergency Rural Access Program NRAP - National Rural Access Program PAP - Project Affected Person PIU - Project Implementation Unit RAP - Resettlement Action Plan ARAP - Abbreviated Resettlement Action Plan R&R - Resettlement and Rehabilitation SIF - Social Inclusion Framework WB - World Bank 2 EXECUTIVE SUMMARY The proposed Afghanistan Rural Access Project will scale up the activities supported under NERAP and will assist the client in secondary and tertiary road rehabilitation. The first two components of ARAP are improvements and maintenance of the secondary and tertiary rural road network, which may have some minor adverse impacts, but the location of specific sub-projects and detailed designs are not known at appraisal. Given that the ARAP is the latest in a series programmatic support, and is processed under OP 8.0, the MoPW and MRRD have developed this Environmental and Social Management Framework (ESMF) on the basis of the generic Framework for World Bank-funded reconstruction operations, a review of the ESMF implementation in NERAP project and a review of the specific requirements of the planned project. The ESMF: The ESMF provides guidance on the approach to be taken during planning and implementation of sub-projects and ensures the effective application of the World Bank’s safeguard policies, IFC/World Bank 1Group's General EHS (Environment, Health and Safety) Guidelines and relevant national laws and regulation, such as the Land Expropriation Law, Law on Managing Land Affairs, and the Environmental Law. The Framework guides environmental and social impact assessment of project schemes and outlines the process for identifying potential adverse social and environmental impacts due to construction and upgrading of rural roads. Moreover, it describes the implementation and institutional arrangements for managing environmental and social impacts and mechanism for addressing any gaps. The ESMF includes a Negative List (exclusion of sub-projects) which identifies features which render sub-projects ineligible, such as adverse impacts on protected areas, cultural heritage sites or land acquisition impacting more than 200 people and or land acquisition above 10% of total land holdings, Key Issues: In general, road projects bring about changes in natural environment and therefore, are considered environmentally sensitive. ARAP will reduce environmental problems arising from such intervention to the extent possible. The overall impact is not expected to be of significant nature; therefore, ARAP project is placed in Environmental Category “Bâ€?. The anticipated potential adverse social impacts would largely result from land and asset acquisition which may be required in connection with the rehabilitation/reconstruction of tertiary and secondary roads, and OP 4.12 on Involuntary Resettlement is thus triggered. Mitigation measures: The approach to mitigation measures includes avoiding or minimizing negative impacts by changing road alignment or design or reducing the level of intervention at a site, while at the same time ensuring due diligence in managing potential environmental and social risks. This Framework is based on the following principles: 1 IFC Website, www.ifc.org/ifcext/enviro.nsf/Content/EnvironmentalGuidelines 3 (i) All proposed roads will be screened to ensure that the environmental and social risks can be identified and adequately addressed through the application of standardized guidelines. (ii) Regardless of the outcome of environmental screening, each subproject will have its site-specific ESMP for the construction package prepared during the detail engineering design process. (iii) An abbreviated resettlement action plan will also be prepared, if any of the sub- project require land acquisition affecting less than 200 PAPs, and the ESMF comprises guidelines for land and asset acquisition, compensation and documentation (Annex 6). Sub-project Screening: The selection, design, contracting, monitoring and evaluation of sub-projects will be consistent with the following guidelines: ï‚· The environmental and social screening checklist is designed to capture and record relevant information for subproject, as indicated in Annex 1 of the ESMF. The environmental issues will be identified and potential impacts will be assessed in site-specific manner for each subproject. The impacts will be identified based on the findings of a screening report and verified through site visits during follow ups and ESMP preparation. ï‚· Confirmation must first be received through the Regional Mine Action Center that areas to be accessed during reconstruction and rehabilitation activities have been de-mined (Mine Risk Management section of the ESMF). ï‚· A negative list with features that would make a proposed subproject ineligible for support (exclusion list in the ESMF). ï‚· Guideline and format for preparation of Abbreviated Resettlement Action Plan in case a sub-project involves land acquisition of less than 200 PAPs and or land acquisition below 10% of total land holdings (annex 6 of the ESMF). ï‚· Generic Environmental and Social Management Plan (ESMP), as indicated in Annex 7 of the ESMF. ï‚· Procedures for Mine Risk Management in World Bank-Funded Projects in Afghanistan, Annex 8 Institutional Arrangement: The PIUs have established safeguard units under the ongoing NERAP, which consist of safeguard officers at headquarters and a safeguard focal point at each of its nine regional offices. These safeguard units in collaboration with their technical counterparts will have overall responsibilities for implementing the safeguard requirements and compliance with the ESMF in the planning and implementation of the ARAP. 4 Grievance Redress Mechanism: A comprehensive Grievance Redress Mechanism will be set up and the PIU staff at Kabul and regions will be assigned complaints handling responsibilities and provided the necessary training. Project Description: Summary of Project Components The project has three components: (A) Improvement and maintenance of secondary roads; (B) Improvement and maintenance of tertiary roads; and, (C) Program Planning and Development; Institutional Strengthening; and Program Coordination Support. Component A: Improvement and maintenance of secondary roads (US$179 million): MPW will implement this component, focusing on improving about 1,250 km of secondary roads, comprising about 1000 km of unpaved roads (gravel surface) and 250 km of paved roads (bituminous surface). To initiate the practice of regular maintenance in MPW, the component will include routine and periodic maintenance of about 850 km of unpaved and 150 km of paved roads as well as spot improvements of the priority rural road network, and construction of bridges (about 1,000 linear meters) to improve the connectivity of communities living in barely accessible rural areas. MPW has applied socio-economic parameters (Annex 9) to objectively prioritize the gravel road links proposed by the communities, local governments and parliamentarians for financing under this project. In summary, there will be eight subcomponents: (i) rehabilitation of about 1000 km of secondary roads; (ii) upgrading of about 250 km of existing pavement of secondary roads to bituminous standards2; (iii) construction of about 1,000 linear m of bridges along secondary roads; (iv) periodic maintenance of about 850 km of unpaved secondary roads; (v) periodic maintenance of about 50 km of paved secondary roads; (vi) routine maintenance of about 850 km of unpaved and 150 km of paved roads; (vii) emergency maintenance; and (viii) Project management and implementation support activities. Component B: Improvement and maintenance of tertiary roads (US$128 million): MRRD will improve about 1,300 km of the tertiary road network, carry out routine and periodic maintenance on about 2,000 km of priority tertiary road links, and construct bridges totaling about 1,600 linear meters in length. To initiate the practice of regular maintenance in MRRD, this component supports routine and periodic maintenance of about 2,000 km of maintainable road links to ensure that the investments made under NRAP are preserved. Similar to the secondary roads, the tertiary roads will be selected for improvement based on pre-defined criteria. A road condition survey will also be 2 Scope is limited to the existing carriageway but including rehabilitation/improvement of existing structures 5 carried out to generate the data required to identify and prioritize candidate tertiary road links to be included in the routine and periodic maintenance programs. The on-going project (NERAP) is piloting routine maintenance by contracting works directly to the communities along the road. As contracts have been signed only recently and winter followed soon, making labor-based maintenance difficult in most regions, it is too soon to draw meaningful lessons at this stage. As implementation unfolds, the experience gained will inform the design of the current project. Experience of other countries is being explored, including quasi output- and performance-based contracting, customized to suit the local setting. The component will also include construction of new bridges to improve connectivity to isolated communities in remote areas. In addition, institutional strengthening and capacity building programs are included for MRRD, aimed at decentralization of management functions to regional and/or provincial offices, promoting performance-based routine maintenance contracting, and outsourcing design and supervision to the private sector. The component is broken down into the following six subcomponents: (i) rehabilitation of about 1,300 km of tertiary roads; (ii) construction of about 1,600 linear meters of bridges on tertiary roads (iii) periodic maintenance of about 2,000 km of tertiary roads; (iv) routine maintenance of about 2,000 km of tertiary roads; (v) emergency maintenance; and (vi) Project management and implementation support activities. Component C: Program Planning and Development; Institutional Strengthening; and Program Coordination Support (US$18 million): To achieve institutional sustainability for managing the road network, cross-cutting institutional strengthening activities launched under NERAP will be continued under this project. This will include network planning, a network development and management system, setting appropriate design standards, an effective cost estimation system and preparation of follow-on projects for external financing. It also includes new capacity building initiatives in the areas of financial management, maintenance contracting, and outsourcing of some government functions. MRRD and MPW will each be responsible for the various activities they undertake individually, while ensuring close coordination with each other, facilitated by the National Coordination Unit (NCU). The activities under this component, which are described in detail in Annex 1, include: (i) Setting up a rural roads planning and management system (ii) Institutional Strengthening (iii)Program Coordination Support Environmental and Social Management Framework: The proposed project will scale up the activities supported under NERAP and will assist the client in secondary and tertiary road rehabilitation. The first two components of ARAP comprises improvement and maintenance of secondary and tertiary roads, which may have some minor adverse impacts, but the location of specific sub-projects and detailed designs are not known at 6 appraisal. Given that the ARAP follows a program approach, the implementing agencies/PIUs have, based on the experience gained under NERAP, developed an Environmental and Social Management Framework (ESMF) that outlines expected impacts of sub-projects on local communities, along with mitigation strategies for the identified impacts. In general, road projects bring about changes in natural environment and therefore, are considered environmentally sensitive. ARAP will minimize environmental problems arising from such intervention to the extent possible. The overall impact is not expected to be of a significant nature; therefore, ARAP project is placed in Environmental Category “Bâ€?. The potential adverse social impacts, as anticipated at appraisal, would largely result from land and asset acquisition which may be required in connection with the rehabilitation/reconstruction of tertiary and secondary roads, and OP 4.12 on Involuntary Resettlement is thus triggered. No adverse impact on physical cultural heritage is expected, but the ESMF covers chance find procedures to be followed in accordance with national law. Purpose of the Environmental and Social Management Framework 1. This Environmental and Social Safeguards Framework provides general policies, guidelines, codes of practice and procedures to be integrated into the implementation of the proposed World Bank supported Afghanistan Rural Access Project (ARAP). ESMF outlines the process for identifying potential adverse social and environmental impacts caused by improvement of rural roads. It describes the implementation and institutional arrangements for managing and mitigating environmental and social impacts. The ESMF is consistent with existing national legislation, and WB operational policies on safeguards. The ESMF is also based on the IFC/World Bank Group's General EHS (Environment, Health and Safety) Guidelines. The objective of this Framework is to help ensure that activities under the proposed reconstruction operation will: ï‚· Protect human health; ï‚· Provide guidelines for preparing the environmental and social mitigation plan to address the adverse impact ï‚· Prevent or compensate any loss of livelihood; ï‚· Prevent environmental degradation as a result of either individual subprojects or their cumulative effects; ï‚· Enhance positive environmental and social outcomes; and, ï‚· Describe the implementation and implementation arrangements to ensure compliance with World Bank safeguard policies and Afghanistan environmental law and EIA regulation 2. The ESMF comprises the following safeguard instruments: (i) Environmental and Social Checklist for Screening of Sub-project (ii) Social Committee for Grievance Redress, (iii) Abbreviated Resettlement Framework and (iv) Generic Environmental and Social Management Plan (ESMP). Guiding principles, Policy, Legal and Administrative Framework 3. No significant environmental impacts are anticipated as the works proposed only involve improvement of existing rural roads and related access infrastructure. The project is not expected to bring about adverse social impacts, but on the contrary significant positive social impacts regarding improved livelihoods. The project is national in scope with a focus on vulnerable 7 districts, and this will enable different ethnic groups to benefit from the project. Since the project involves improvement of existing roads, it will not impact known historical or cultural artifacts, and has a chance find procedures included in the ESMF. The project implementation manual will include project screening, planning and appraisal formats, which will record the environmental and social impacts and related mitigation measures for specific sub-projects. Monitoring will include reporting on chance archeological finds. The project implementation manual will be based on the Environmental and Social Safeguards Framework agreed between the Government and the Bank. 4. Environmental Impact Assessment regulations promulgated by National Environmental Protection Agency ( NEPA):As per the EIA regulation of NEPA, transport projects are categorized as “Aâ€? and “Bâ€? activities depending on following features of the transport project:(i) Activity A: National or provincial highways or major roads with a total cost of US$800,000 dollars, or more with the exception of maintenance, rebuilding or reconstruction of existing roads; (ii) Activity B: The construction or upgrading of national or provincial highways and roads (except maintenance, rebuilding or reconstruction of existing roads with a total cost of less than US$800,000 dollars. However, there are another two categories of activities to which provisions of EIA regulations of NEPA are applicable, ARAP subprojects may fall in these categories:(iii) Activity creating adverse impact on Environmentally Sensitive Areas which relates to activities likely to have significant adverse impact on the environment of the area that has been determined by NEPA to be an environmentally sensitive area; (iv) Prohibited Activity: any other activity that is likely to have a significant adverse effect on the environment and which is determined by NEPA to be a prohibited activity. For the above mentioned category of projects, project component will have to take “certificate of complianceâ€? from NEPA after making application and fulfilling the statutory requirements of NEPA. 5. Applicability to the ARAP project. It is important to note that most of the sub-projects constituting the ARAP are repair or rehabilitation of village, district and province roads and do not belong to construction/upgrading of national, provincial or major road category and hence NEPA’s requirement of “certificate of complianceâ€? is not required. Therefore, all sub-projects are exempted from the requirement of “certificate of Compliance “from NEPA. However, where there is possibility for new construction of district roads and provincial roads, and/or rehabilitation of roads in environmentally sensitive areas as may be defined by the authority in future, NEPA provisions related to EIA regulation will be applicable. 6. Land acquisition and resettlement. The activities to be undertaken under the proposed project involve rehabilitation of existing secondary and tertiary roads that are not likely to involve any significant land acquisition or have any other adverse social impacts. No sub-project affecting more than 200 peoples will be funded under ARAP. The GoA is not going to undertake formal land acquisition under the project, and any extra land need under a sub-project will be acquired either through voluntary donation or against community compensation. The ESMF (Annex 6) comprises guidelines for procedures and documentation, including a framework for an Abbreviated Resettlement Action Plan, compliant with OP 4.12. 7. National biodiversity strategy: The proposed project spreads over different part of rural Afghanistan and is subject to the National Biodiversity Strategy Act 36 of Afghanistan Environmental law clearly outlines the procedure for protection of the Habitats for Protected Species under Act 41, which is also in alignment with the triggered World Bank Policy Natural Habitats OP/BP 4.04 8 8. World Bank Safeguard Policies which could be triggered; The relevant safeguards for this project are Environmental Assessment (OP4.01), Involuntary Resettlement (OP/BP4.12), and Natural Habitats (OP 4.04). While no cultural properties will be affected and OP4.11 on Physical Cultural Property is not triggered, sub-projects may result in chance finds of physical cultural resources, which will follow chance find procedures as per “Law on Preservation of Afghanistan's Historical and Cultural Heritage (2004). For all four safeguard policies, the project design follows the criteria and norms laid down in the "Revised Guidance Note on Application of Safeguard Policies for the Afghanistan Program". GoA adopts a programmatic approach with the following characteristics as individual subproject investments are not all known in advance,: Table1: World Bank Safeguard Policies applicable S. World Bank Policy Applicable due to Addressed by ESMF N.  Village road projects are likely  Implementation of to have impacts on Environmental Mitigation environmental and social Measures/Environmental Environmental components as on water management Plan(EMP) 1. Assessment bodies, existing slopes in case  Social Inclusion OP 4.01 of mountainous and hilly areas Framework(SIF) to address and on trees along the road the environmental and social issues  Undertake consultations with PAFs and reach Involuntary voluntary agreement on  Sub-projects may required Resettlement community compensation limited land and thus OP 4.12 or donation. Donation only 2 negatively impact PAF’s land, permissible in case of assets and livelihood, limited impact (less than 10% livelihood impact, no assets or structures affected) 3. Natural Habitats Project entails a few alignment Preparation and Implementation OP 4.04 through natural water bodies of EMP. 9. Mine Risk Management. Subprojects will not be implemented without appropriate mine- risk management. Current practice (evolved during field implementation) for managing mine risk have been robust. A GoA procedure for mine risk management is part of the project safeguard framework (Annex 8). All risk assessment and clearance tasks shall be implemented in coordination with the Mine Action Center for Afghanistan (MACA). These procedures may need to be amended in the future, depending on evolving circumstances. 10. Environmental and social safeguard measures. Options to address the various environmental and social issues identified have been worked out based on environmental and social screening 9 surveys and requirement of compliance with the legal provisions. The analysis of options will enable the identification of measures to address the environmental and social issues. The measures will be finalized through stakeholder consultations, wherein inputs from the stakeholders including the executing agencies, line agencies and National Environment Protection Agency (NEPA) will enable the finalization of the suitable measures. The measures envisaged under the ESMF are implemented by the both ministries of MRRD and MPW. 11. Screening of Sub-projects. An environmental and social screening and review process for identification of sensitive sub-projects with respect to environmental/social issues has been laid out in the ESMF. The objective of screening process are (i) to establish the level of environmental assessment required (ii) to help the project offices understand environmental issues related to the project before they are considered for implementation, and (iii) assist in decision making. The screening exercise will be carried out together with technical, economical and social screening by the PIUs prior to initiation of the project preparation activities. Screening will be done by on the basis of criteria mentioned in Environmental Impact Assessment regulations promulgated by National Environmental Protection Agency, Afghanistan Environmental law, The World Bank Safeguard Policies triggered and other government acts and regulations (e.g. National Biodiversity Strategy etc.) The screening exercise will be used as a tool to identify the severity of impacts of environmental and social issues, and thereby integrate their mitigation measures into the project preparation accordingly. The screening checklist is presented in the (Annex-1). 12. The screening criteria include: Environmental factors such as; ï‚· Sensitive areas, natural habitats, other state declared sensitive areas ï‚· Felling of trees ï‚· Clearance of vegetative cover ï‚· Endangered species ï‚· Waste generation ï‚· Air, water, soil and sound pollutions ï‚· Loss of productive agricultural land ï‚· Cuts across perennial streams or surface water bodies ï‚· Vulnerability to natural hazards, landslides/slips, soil erosion and, ï‚· Environmental features as wetlands, protected ground water zone, etc Social factors such as; ï‚· Land availability ï‚· Loss of structures and assets ï‚· Loss of livelihood ï‚· Impacts on common property resources ï‚· Community conflict 13. The screening shall provide information on ï‚· Categories of sub-projects and inclusion in the project ï‚· Categories of sub-projects to be excluded in sensitive areas through exclusion criteria or due to scale of impact 14. Responsibilities for Safeguard Screening and Mitigation. The two ministries will act as the implementing agencies for the proposed project; The Ministry of Rural Rehabilitation and Development and the Ministry of Public Works. Each Ministry will be responsible for applying the safeguard screening and mitigation requirements to its own subprojects. Within each Ministry, 10 an Environmental and Social Safeguard Unit existed with responsibility for overseeing the implementation of the Environmental and Social Management Framework. Environment: 15. Low Impact Sub-Projects (L): The environmental impacts will be of the type normally associated with standard rural road rehabilitation/ reconstruction. Where the expected impacts are small in scale, and can be mitigated through standard mitigation measures, then a generic Environmental and Social Management Plan (ESMP) will be prepared as part of Project Document. 16. Medium Impact Sub-Projects (M): Where impacts are larger and complex than Category ‘Low’ projects requiring specific intervention, such as new construction projects, project in/adjacent to areas that are declared environmentally sensitive areas by NEPA or that have sensitive environmental features like passing through natural water bodies, flood prone areas, etc. there by requiring additional analysis e.g. full EIA by competent experts and site specific environmental and social management plans. In such cases EIA will be prepared as part of Project Document (PD). The following aspects will be considered as triggers for the Medium impact sub-projects thereby requiring preparation of EIA. Subprojects which have impacts that could have significant and irreversible impacts on the officially declared environmentally sensitive area should see other alternatives for the subproject or should be canceled altogether. a. Impacts on natural habitats, b. Vulnerability to natural hazards, landslides/slips c. Projects adjacent to(within 500 m) the environmentally sensitive area as declared by NEPA or areas as detailed out in exclusion list for this ESMF, and d. Projects in flood prone areas. 17. In addition to the preparation of the ESMP for such projects, the PIUs will undertake the particular road improvement in compliance with the statutory provisions for Environmental compliance by NEPA. Social: 18. Low Impact Sub-Projects (L): ï‚· Trigger: The extent of the requirement for land width accretion is not significant and there is no or negligible impact on structures or loss of livelihood. ï‚· Any extra land required in such sub-projects for the proposed improvements will be through a community planning enabling a transparent process of land transfer and alignment finalizations laid down in the Social Inclusion Framework (SIF). This will involve community and village level government body (Shura/CDC) participation in finalizing the land requirement and alignment finalization giving due consideration to aspect of land, safety and scope for future development along the project Road Alignment. Consultations with affected PAPs to ensure a voluntary settlement of land transfer, either against community compensation or voluntary donation. 19. Medium Impact Sub-Projects (M): ï‚· Triggers: Sub-projects, wherein there is a potential for significant loss of land/assets and common properties and/or livelihood impact on PAPs. ï‚· The implementing agency will conduct consultation with community, identify PAPs with adverse impacts and, prepare abbreviated RAP if the subproject involves any land acquisition. PIUs through community involvement will reach 11 an agreement with PAPs for compensation. Compensation will be paid to the affected people by the community before beginning physical work on the project. ï‚· However if a voluntary agreement cannot be reached between PAPs and community regarding adequate compensation, the PIUs through community planning will work out alternative alignments, design modifications to address social issues also taking into account aspects such as road safety and scope for future development. ï‚· Sub-projects where no scope exists for addressing the resettlement impacts through any of the mechanisms suggested in the SIF will not to be taken up. For such roads, the PIUs will decide not to go forward with the proposed road improvement through a written communication to the Shura/CDC stating the reasons, and no further analysis or investigation will be undertaken. Such roads may only be taken up in subsequent phases of the project after these issues are resolved voluntarily by the communities /Shura/ CDC and PAPs and there is a formal request for the project to the PIUs from the Shura/CDC as per the ARAP guidelines. 20. Exclusion of Subprojects. The exclusion criteria have been worked out to identify activities that would result in serious environmental/social impacts and hence will not be considered for the ARAP project. Such subprojects shall include:  Projects involving significant conversion or degradation of critical natural habitats. Including, but not limited to, any activity within: ï‚· Ab-i-Estada Waterfowl Sanctuary; ï‚· Ajar Valley (Proposed) Wildlife Reserve; ï‚· Dashte-Nawar Waterfowl Sanctuary; ï‚· Pamir-Buzurg (Proposed) Wildlife Sanctuary; ï‚· Bande Amir National Park; ï‚· Kole Hashmat Khan (Proposed) Waterfowl Sanctuary  Road passing through designated protected areas, as Reserved forests, Protected forest  Project will significantly damage non-replicable cultural property, including but not limited to any activities that affect the following sites: ï‚· Monuments of Herat (including the Friday Mosque, ceramic tile workshop, Musallah complex, Fifth Minaret, Gawhar Shah mausoleum, mausoleum of Ali Sher Navaii, and the Shah Zadehah mausoleum complex); ï‚· Monuments of Bamiyan Valley (including Fuladi, Kakrak, Shar-i Ghulghular and Shahr-i Zuhak); ï‚· Archaeological site of Ai Khanum; ï‚· Site and monuments of Ghazni; ï‚· Minaret of Jam; ï‚· Mosque of Haji Piyada/Nu Gunbad, Balkh province; ï‚· Stupa and monastry of Guldarra; ï‚· Site and monuments of Lashkar-i Bazar, Bost; ï‚· Archaeological site of Surkh Kotal.  Project requiring involuntary acquisition of land, or the resettlement or compensation of more than 200 people and or land acquisition above 10% of total land holdings.  Roads types other than “province to district/district/village roadsâ€?  Subprojects where voluntary agreement on adequate compensation for significant social impacts cannot be reached between community and PAPs. 12 Environmental Mitigation Approaches: 21. Generally the road projects bring about changes in natural environment and therefore, are considered environmental sensitive. ARAP intends to minimize environmental problems arising from such intervention to as minimum extent as possible. Regardless of outcome of environmental screening, each subproject shall have its site-specific EMP for construction package prepared during detail engineering design period. 22. Potential Impact Identification and Analysis: The environmental issues will be identified and potential impacts will be assessed in site-specific manner for each subproject. The impacts shall be identified based on findings of screening report and verified through site visits during follow ups and EMP preparation. 23. Environmental Mitigation Principles: The approach to mitigation measure includes minimizing impacts looking at alternatives to alignment and design. The contrat document shall explicitly mention the site-specific mitigation measure to be performed, the material to be used, labor camp arrangements and waste disposal area as well as other site specific environmental requirements. 24. The summary of the environmental mitigation approaches as described above are presented in table below, and will guide the environmental mitigation measures to be implemented by ESMO/project engineers with support from the project implementation unit (PIU), community, contractors, and other parties concerned with mitigating possible environmental impacts of the subprojects. Table 2: Environmental Mitigation approaches and their coverage Activities generating Key Issues Addressed Impacts  Incorporation of environmental concerns in project preparation to minimize impacts in construction and operation Project Preparation stages (Planning & Design)  Avoidance of roads through sensitive(exclusion list) areas as reserved forests/sanctuaries/wetlands etc  Compliance with legal requirements.  Relocation of utilities, common property resources Site Preparation  Avoidance of effect on roadside vegetation  Avoidance of sensitive areas for location of construction Construction Camps camps Arrangements and workshops and appropriate camp facilities for workers and construction equipment  Avoidance of agriculture lands as borrow areas Borrow Areas  Redevelopment of borrow areas  Topsoil removal from areas temporarily/permanently used for Topsoil Salvage, Storage construction & Replacement  Reuse of topsoil at areas to be re-vegetated and in agriculture lands  Reinstate abandoned quarries as measure to avoid malaria Quarry Management breeding and fill for safety.  Extraction of water in water scarce areas with consent of Water for Construction community  Scheduling construction activities as per water availability 13  Slope stability along hill roads  Protection of land on hill side from stability loss due to cutting Slope Stability and Erosion Control  Protection of lands on valley side from debris due to construction  Adequacy of drainage for erosion control  Reuse of cut material in hill roads Waste Management  Safe disposal of wastes  Minimize disruption to natural water courses  Protection of embankment slopes in case of alignment on Water Bodies embankments  Rehabilitation of water body  Conduct of hydrological investigations during project preparation Drainage  Provision of longitudinal and cross drainage as per requirements  Proper location of drainage outfall Construction Plants & Maintenance of machinery and equipment to avoid pollution Equipment Management  Provision of Safety Officers  Protective Equipment to workers Public and Worker’s  Provision of basic necessities to workers Health & Safety  Public safety while travel along construction sites  Public safety during operation of the road  Avoidance of impacts due to project Cultural Properties  Protection of boundaries from impacts due to construction  Avoidance of impact on trees  For every single felled tree , two trees of local species will be Tree Plantation planted by the project authorities  Encourage growing of trees on roadside Natural Habitats  Identification of natural habitats  Management measures for roads passing through natural habitats (ESMP)  Structure of management plan Health and Safety  Ensure worker safety equipments and availability  Availability of First Aid Kit and selection of proper site for workers camp and facilities availability including personal hygiene. 25. Resettlement Framework. The Resettlement Framework outlines the principles and approaches to be followed in addressing and mitigating the social impacts due to the project. The regional PIU, in co-ordination with the Shura/CDC at the village/district level and project engineer of respective subproject will be responsible for the planning and implementation of resettlement framework addressing social issues. The most important issue will be documentation of these proceedings to avoid any communication gap in future. The procedures are as hereunder: Task 1: 14 ï‚· Selection of Roads, for widening/rehabilitation/ new construction ï‚· Dissemination of Project Information, after selection of roads and prior to finalization of the alignment through Transect Walk; ï‚· Finalization of alignment through community planning involving the local communities and provincial departments during Transect Walk Consultations, a strip plan will be used to make inventory of social features and identify impacted properties; ï‚· Consultation with affected persons, to verify whether concerns of the communities and PAPs have / have not been incorporated into the project design through disclosure of outputs of Transect Walk. ï‚· Integrating Abbreviated RAP in project document where additional land is required, ensuring that the designs for the ARAP roads are sensitive to social issues and have incorporated the social considerations; Task 2: ï‚· Disclosure of process of land requirement and entitlement provisions, to provide information to PAPs. ï‚· If land acquisition is taken place with compensation to PAPs, compensation shall be issued and received by each PAP prior to physical acquisition and start of physical works. ï‚· Serving Advance Notice (not less than 3 months), for removal of encroachments and clearance of assets or standing crops; ï‚· Entering MoUs between CDC/NRAP and Individual/Group Landowners, to be coordinated by Regional PIU, which will submit a copy each to district governor and PIU at Kabul. This will ensure documented record of land donated or transferred to the ministry against compensation. In case of projects where individual PAPs are not significant in terms of numbers and amount of the land/asset loss of each PAP, MoU between PAPs and CDC /NRAP can be signed. In such case, MoU paper shall contain name and signature of all the persons whose land/asset will be transferred to the road voluntarily. ï‚· Information Disclosure and Consultations before construction: The community representative/contractor, as the case may be, shall, prior to mobilization of work, provide details of temporary impacts during construction such as disruption on existing pathway, increased pollution levels, possible damages to adjacent land due to movement of machinery and project completion date so that community is well aware of the project issues. Similar provision shall be made for separate consultation with women of the community. 26. Compensation Criteria In accordance with World Bank OP 4.12, on involuntary resettlement, a project requires a full Resettlement Action Plan (RAP) in case the number of affected people is from 200 and above and/or when the land acquisition has significant impact, i.e. exceeding 10 percent of the total holding and/or livelihood impact. Such sub-projects will not be funded under the present ARAP project. If 200 people or less will be involuntarily displaced or affected, , an Abbreviated Resettlement Action Plan (ARAP) will be prepared (format attached). In this regard, with the support of established social committee comprehensive consultations and discussion will be conducted with each PAPs, community elders, CDCs, local government agencies, rich people and other stakeholders as declared in CCM to encourage them to provide necessary compensation for PAPs. The resettlement framework for addressing various social impacts created by the project is summarized in the Table below: Impacts and Proposed Measures 15 Impact Category Proposed Measures Title Holders Land ï‚· Alternative design options to be considered ï‚· Verify land ownership and that land is not subject to competing claims ï‚· In case of unavoidable acquisition: Identify all formal and informal landowners and cultivators along alignment. Accelerate consultation with PAPs and encourage community in order to provide compensation and support to PAPs through: (i) Alternate land sites and or Monetary compensation by community/CDC/Shura with the technical support of PIU ï‚· Following payment of compensation or donation in case of limited impact, a MoU should be issued reflecting the transfer of the land from the private owner to the ministry incl. the conditions of transfer (against compensation or free donation). Structures  Affected assets and structures on acquired land should be compensated in kind or cash by community and CDC/Shura with the technical support of PIU  Any walls, water channels, structures and other local properties damaged by project implementation will be rehabilitated by the project free of cost to the owner Common Property Resources  Relocation by Shura/community/CDC with technical inputs from PIU ,or  Reconstruction of asset by the projectand or Shura/community/CDC Customary Right Holders/Informal Settlements Land  Verification of land ownership through local evidence and community consultations facilitated through CDC/Shura  Follow same procedures as in case of acquisition of formal land (see above) Structures  Affected assets and structures on acquired land should be compensated in kind or cash by community and CDC/Shura with the technical support of PIU  Any walls, water channels, structures and other local properties damaged by project implementation will be rehabilitated by the project free of cost to the owner Serving Advance Notices:  Advance notice to removal of assets/standing crops and subsequent clearance;  Involvement of Shura/CDC/community in sensitization and clearance of land In addition, the job priorities will be given to those PAPs who are identified as poor, disabled, and widows or put suffering adverse impacts on their livelihood by losing their properties or losing their sharecropping or tenancy contracts due to project. The above mentioned vulnerable groups may also need some on the job training. 27. Monitoring and Audit. The ESM Unit (Regional ESM officers), regional engineers and concerned CDC/Shura will be responsible for supervision of Resettlement and 16 Rehabilitation(R&R) implementation and its progress. Safeguard specialist of the World Bank will review the subprojects to verify the sanctity of the process being followed as per the provisions of ESMF. The regional ESMO/regional engineer in respective regional PIU will document the progress of implementation and send to PIU at Kabul on monthly basis. PIU at Kabul will document progress report and forward the same to MRRD/MoPW and WB Safeguard unit. 28. Grievance Redress Mechanism: Introduction: Grievance mechanisms provide a formal avenue for affected groups or stakeholders to engage with the project implementers or owners on issues of concern or unaddressed impacts. Grievances are any complaints or suggestions about the way a project is being implemented. They may take the form of specific complaints for damages/injury, concerns about routine project activities, or perceived incidents or impacts. Identifying and responding to grievances supports the development of positive relationships between projects and affected groups/communities, and other stakeholders. Based on the various reports from the ongoing NERAP, land disputes are the largest category of cases that obliged project staff to realign the roads at certain location and or maintain the available width. Objectives: The main objective of this procedure will be to provide a mechanism to address concerns and grievances, mediate conflict and cut down on lengthy litigation, which often delays such infrastructural projects. It will provide people who might have objections, grievances or concerns, a venue for raising their grievances and concerns, as well as a mechanism for timely and adequate solution or mitigation of these grievances. . Background: The World Bank outlines standards for project level grievance mechanisms. Grievance mechanisms should facilitate uptake and resolution of concerns and grievances from the public. The World Bank states that the concerns should be addressed promptly using an understandable and transparent process that is culturally appropriate and readily acceptable to all segments of affected communities, at no cost and without retribution. Mechanisms should be appropriate to the scale of impacts and risks presented by a project. Grievances can be an indication of growing stakeholder concerns (real and perceived) and could escalate if not identified and resolved. The management of grievances is therefore a vital component of stakeholder management and an important aspect of risk management for a project. While the NERAP secondary and tertiary roads may have only limited potential of causing adverse impacts to people and the environment in general, however, addressing grievances and ensuring timely resolution is still very necessary. As such the ESMF has developed a grievance redress mechanism to serve as a guide during project implementation. The Grievance Redress Committee: Based on consultations with aggrieved individuals/PAPs by the PIUs, the grievances are addressed at the CDC level. The CDC level is represented by members of PIU and Shura. In case the grievances could not be satisfactorily resolved at CDC level, then the aggrieved parties may submit the grievance to the Grievance Redress Committee (GRC), formed at the district level. Based on the merits of the complaint, the GRC will address all the grievances received. Constitution of grievance committee at different level which are as follows: 1. Community (Shura) level: 17 ï‚· Shura head, Community elders/relevant CDC members; Representative of PIU and members from government departments dealing with land issues. ï‚· Complainant(s) or representative(s) to witness meeting discussing his/her complaints.( Guidelines for composition of the Social Committee dealing with grievance at community level is included in Annex 5) 2. District level: ï‚· Chairman of GRC ï‚· Secretary of GRC (Ex-officio member) ï‚· Representative of Governor ï‚· Representative from Shura ï‚· Representative from local NGO Once constituted, each committee should appoint/designate a record keeper to handle the processing of complaints as detailed below. This framework for the constitution of grievance committees may be adapted to suit particular district/province, especially where there are local committees that may be dealing with land and related issues and which are competent enough to handle disputes related to project issues including destruction of local properties and water canals, misused of agriculture land by contractor, delay in payment to the labours by contractors and etc. Grievance Redress Procedure In order to streamline the process, the following structure is proposed: a. Community Level: Complaints may be submitted to any member of the CDC level committee which will be recorded / filed and discussed at an agreed date for possible resolution within 7-14 days upon receipt of such complaints. The CDC representatives will meet at the community level, convened by the Shura committee to investigate and address issues and complainant informed of outcome of resolution. If complaint is not resolved then it is elevated to the district level committee. b. The District Level: The Secretary, GRC in charge of environmental and social issues convenes a meeting with all representatives to address complaint or resolve the issue. At this level, it is recommended that representative of an NGO working in the community and in good standing with them could be invited as an independent witness. Maximum time for resolution should not exceed 21 days. The committee will provide ample opportunity to redress complaints informally, in addition to the existing formal administrative and legal procedures. However, the major grievances that might require mitigation include: ï‚· PAPs not listed (it is possible that some times name of individual PAP due to absence is not recorded during transect walk and screening of the projects). ï‚· Losses not identified correctly; ï‚· Inadequate assistance; ï‚· Dispute about ownership; ï‚· Delay in disbursement of assistance and improper distribution of assistance. Submission of Grievances: The Social Committee (Annex 5) as per their grievance redress mechanism will receive the grievances/complaints of people who have been living along the road alignment through written, oral, telephone, CDC, Distriact Governor, community elders and etc. The collected grievances will be recorded and final decision will be shared with regional PIUs. 18 Protection of Cultural Property Physical cultural Property e includes monuments, structures, works of art, or sites of "outstanding universal value" from the historical, aesthetic, scientific, ethnological, or anthropological point of view, including unrecorded graveyards and burial sites. Within this broader definition, cultural property is defined as sites and structures having archaeological, paleontological, historical, architectural, or religious significance, and natural sites with cultural values. The proposed project is unlikely to pose a risk of damaging cultural property, as the sub-projects will largely consist of repair and reconstruction of existing secondary and tertiary rural access infrastructure. Further, the negative list of attributes, which would make a subproject ineligible for support, includes any activity that would significantly damage non-replicable cultural property. Nevertheless, the following procedures for identification, protection from theft, and treatment of chance finds should be followed and included in standard bid documents. Chance Find Procedures Chance find procedures are defined in the law on Preservation of Afghanistan’s Historical and Cultural Heritages (Official Gazette, No. 828, 1383/2004), specifying the authorities and responsibilities of cultural heritage agencies if sites or materials are discovered in the course of project implementation. This law establishes that all moveable and immovable historical and cultural artifacts are state property, and further: 1. The responsibility for preservation, maintenance and assessment of historical and cultural monuments rests with the Archaeological Committee under the Ministry of Information and Culture, which has representation at provincial level. 2. Whenever chance finds of cultural or historical artifacts (moveable and immovable) are made the Archaeological Committee should be informed. Should the continuation of work endanger the historical and cultural artifacts, the project work should be suspended until a solution is found for the preservation of these artifacts. 3. If a moveable or immovable historical or cultural artifact is found in the countryside of a province, the provincial governor (Wali) or district incharge (Woluswal) should be informed within two weeks, and they should inform the Archaeological Committee. In case the immovable historical or cultural artifact is found in a city, the provincial branch of the Department of Maintenance of Historical Values of the Ministry of Information and Culture should be informed within two weeks (art. 18). If the find is made within the center, the Archaeological Committee must be informed directly within one week (art. 25). 4. Failure to report a chance find within the stipulated time limit will be punished with a fine or imprisonment for a period of one week or up to one month (art. 72). 5. If someone intentionally damages a historical or cultural artifact, the culprit shall pay compensation in accordance with the value of the artifact plus be imprisoned for a period of one month to ten years depending on the gravity of the crime (art. 71). In case of a chance find of moveable or immovable historical or cultural artifact, the implementing agency is responsible for securing the artifact from theft, pilferage and damage until the responsibility has been taken over by the relevant authorities as specified above. 19 These procedures must be referred to as standard provisions in construction contracts, when applicable. During project supervision, the ESM officer/Site Engineer shall monitor that the above regulations relating to the treatment of any chance find encountered are observed. Relevant findings will be recorded in World Bank Implementation Status Reports (ISRs), and Implementation Completion Reports (ICRs) will assess the overall effectiveness of the project’s cultural resources mitigation, management, and capacity building activities, as appropriate. 29. Capacity Building And Monitoring Of Safeguard Framework Implementation As part of the capacity building that will be provided for implementation of the proposed project, the ESMO and relevant staff of the concerned Ministries will also receive training in the application of the ESM Framework and specifically during the development and implementation of the sub- projects. To assist in this capacity building, and to provide subsequent guidance and review of the application of the Framework, GoA will contract regularly specialist social and environmental services, and as part of its overall project implementation consultant’s team. During supervision of these operations, the World Bank will assess the implementation of the Framework, and if required will recommend additional strengthening. 30. Consultation and Disclosure. This Environmental and Social Safeguards Framework reflects consultations with the community (men and women), contractors, development partners and other stakeholders participating in reconstruction activities in Afghanistan. In this regard, the community consultation manual has been developed by ESM team of both PIUs. Attention should be paid to the family, that in case of PAPs, separate consultations should be conducted with each individual PAF, and that the shura can NOT negotiate e.g. land donation/compensation on their behalf. This Environmental and Social Management Framework (ESMF) was developed by the MoPW and MRRD on the basis of the generic Framework for World Bank-funded reconstruction operations, a review of the ESMF implementation in NERAP project and a review of the specific requirements of the planned project. Prior to approval of the project by the World Bank, it will be disclosed by MoPW and MRRD in both Pashto and Dari in relevant places in the country and the English version of the ESMF at the World Bank’s InfoShop. The ESMF will also be posted on the NERAP website. 20 The Checklist for Environment and Social Management Documents Based on environment and social screening survey, the required ESM documents have been prepared and the attached original copies shall be part of overall project tender Documents. S/N Item Yes/No Remarks Environmental and Social checklist Annex 1 for screening of subprojects Annex 2 Public announcement and public awareness Annex 3 Outputs of Transect Walk Annex 4 Alignment details on strip-plan Annex 5 Social Committee for Grievance Redress Annex 6 Abbreviated Resettlement Action Plan (ARAP ) Annex 7 Generic ESMP Verified by: Environment and Social Management Unit Signature …………………………. Date:…………………………… 21 Annex 1 Environmental & Social Checklist for Screening of Subprojects ‫چک لست بررسی محیط زیستی Ùˆ اجتماعی برای پروژه های سرک Ùˆ پل‬ Project ID/title: Village: Type of project: District: Involved CDC name: Province: Start date of project: End date of project: Nature of Subprojects Does the project fall in the below category ‫این پروژه در کدام یک از کتگوری های ذیل شامل میگردد‬ Remarks‫مالحظات‬ No Environmental Consequences N &P Low Medium High ‫مسایل محیط زیستی‬ Impact impact Impact Impact (1) (2) (3) (4) 1 Is the activity a cause for Air pollution? ‫آیا Ù?عالیت های این پروژه سبب آلودگی هوا میگردد؟‬ 2 Is the activity a cause for sound pollution? ‫آیا Ù?عالیت های پروژه سبب آلودگی صوتی میگردد؟‬ 3 Is the activity a cause the cutting of hill slope and earth removal from borrow areas caused for soil erosion? ‫آیا لغزش زمین، Ù?روریختن،Ù?رسایش وسایر‬ ‫حرکات ساحات سرآشیب در نتیجه قطع کاری سرک وجود‬ ‫دارد؟‬ 4 Will the activity create solid or liquid wastes that cause potential contamination of surface water and ground water supplies? ‫آیا Ù?عالیت های این پروژه‬ ‫سبب تولید زباله های مایع Ùˆ جامد میشود Ú©Ù‡ بعدآ سبب آلوده‬ ‫شدن منابع آب های سطحی Ùˆ زیر زمینی گردد؟‬ 5 Is the project cause for substantial changes to water quality and quantity? ‫آیا این پروژه سبب تغیر‬ ‫کمیت Ùˆ Ú©ÛŒÙ?یت آب میگردد؟‬ 6 Does the activity cause the alteration of water flow?‫آیا Ù?عالیت های این پروژه سبب تغیر مسیر آب میگردد؟‬ 7 Are there environmentally sensitive areas (protect area, forests, national parks or wetlands)? ‫آیا ساحات‬ ‫حساس محیط زیستی مانند ساحات Ø­Ù?اظت شده، جنگالت، پارک‬ ‫های ملی وباطالق ها نزدیک پروژه موجود است؟‬ 8 Is the project cause vegetation and tree removing? ‫آیا Ù?عالیت های این پروژه سبب از بین رÙ?تن گیاهان Ùˆ درختان‬ ‫میگردد؟‬ 9 Is the activity threat the endangered and threatened species or hunting or the collection? ‫آیا Ù?عالیت های این پروژه سبب تهدید، شکار، Ùˆ یا از بین رÙ?تن‬ ‫انواع در حال انقراض حیوانات، پرندگان Ùˆ نباتات میگردد؟‬ 10 Is the activity cause livestock reduction? ‫آیا Ù?عالیت‬ ‫های این پروژه سبب کاهش مواشی در منطقه میگردد؟‬ 11 Will the excavation and quarry operation effect the environment? ‫آیا استÙ?اده از منابع سنگ Ùˆ مواد ساختمانی محیط زیست محل را‬ ‫متاثر Ù…ÛŒ سازد؟‬ 22 Social Consequences ‫مسایل اجتماعی‬ 12 Does the activity have human health and safety risks, during construction or later? ‫آیا Ù?عالیت های این پروژه سبب به خطر انداختن صحت مردم‬ ‫در جریان کار ساختمانی Ùˆ یا بعد از تکمیل کار میگردد؟‬ 13 Will the activity create the conflict among the people? ‫آیا Ù?عالیت های این پروژه سبب ایجاد اختالÙ?ات میان مردم‬ ‫میگردد؟‬ 14 Will the activity cause loss of livelihood? ‫آیا Ù?عالیت های این پروژه سبب از دست دادن معیشیت مردم‬ ‫میگردد؟‬ 15 Are there unexploded mines are in the area? ‫آیا در ساحه پروژه، مواد منÙ?جر ناشده موجود است؟‬ 16 Are there any Important cultural or archeological nearby? ‫آیا ساحات مهم تاریخی Ùˆ باستانی نزدیک پروژه واقع شده است؟‬ 17 Will the project require the acquisition of land (public or private, temporarily or permanently) for its development? ‫آیا این پروژه به اکتساب زمین اضاÙ?ÛŒ از مالکیت عامه یا‬ ‫شخصی، به Ø´Ú©Ù„ موقتی Ùˆ یا دایمی ضرورت دارد؟‬ 18 Will anyone be prevented from using economic resources (e.g. pasture, fishing locations, forests) to which they have had regular access? ‫آیا مردم جهت استÙ?اده از منابع اقتصادی مانند استÙ?اده از ساحات‬ ‫ماهی گیری، استÙ?اده مواشی ازچراگاه ممانعت خواهد گردید ؟‬ 19 Will the project result in the involuntary resettlement of individuals or families? ‫آیا این پروژه سبب بیجا شدن اجباری مردم به Ø´Ú©Ù„ انÙ?رادی Ùˆ یا‬ ‫Ù?امیلی میگردد؟‬ 20 Might the project adversely affect communities or vulnerable people living in the area? ‫آیا این پروژه تاثیر جدی باالی اجتماعات Ùˆ یا زندگی مردم‬ ‫آسیب پذیرخواهد گذاشت؟‬ 21 Will the project negatively affect more than 200 PAPs? ‫آیا این پروژه باعث اÙ?زایش اÙ?راد متاثر شده باالتر از 220 Ù†Ù?ر‬ ‫میگردد؟‬ 22 Are there members of community/PAPs located along/ close to project who could benefit from this project? ‫آیا اÙ?راد متضرر شده از Ù?واید پروژه مستÙ?ید میگردند؟‬ Note: Circle one of the following screening conclusions for Part A: ‫یکی از جوابات ذیل را مطابق ارزیابی Ú†Ú© لست نشانی کنید‬ A1. If all answers to the checklist questions are “Noâ€? and significant impacts were not identified then there is no need for 23 further action. If Yes to question 21, then the subproject will be rejected A2. For any issues indicated by “Yesâ€? and significant adverse impacts were identified then there is need for adequate mitigation measures through developing Environment and Social Management Plan ESMP and should be part of project design. No further planning action is required. Implementation of the mitigation measures will require supervision by the applicant and the appropriate local authority. Establishing Extent of Loss: Extent of loss shall be determined primarily in terms of the portion of the land and / or structure coming within the road project. In order to establish extent of loss, the following category of losses will be considered: Minor impacts: Less than 10% of the total area Adverse impacts: Between 10 to 25% of the total area Severe impacts81: More than 25% of the total area (1) N and P impacts: Mark (N) for No impacts and (P) for positive impacts (2) Low Impacts: Mark (X) for Low impact. Low impact refers to activities with manageable impact to environment by the community/contractors. (3) Medium Impacts: Mark (X) for medium impacts. Medium impacts refer to activities that involve additional support and planning, implementation and monitoring of mitigation measures and ESMP in order to decrease the poetical impact. (4) High Impacts: Mark (X) for High impact. The significant adverse impacts that refer to activities that involves additional support and planning, full EIA, implementation and monitoring of mitigation measures. NEPA approval. Checklist Filled Out by the Regional ESMO and verified by Regional Sr. Engineer: Environment and Social Management Officer……….… ………………… Signature: Date: Regional Sr. Engineer/ Manager ……….… …………………..…………. Signature: Date: 24 Annex 2a Public Announcement ‫اطالعیه‬ ................................................................................................................................................ ................................................................................................................................................ ................................................................................................................................................ ................................................................................................................................................ ................................................................................................................................................ ................................................................................................................................................ ................................................................................................................................................ ................................................................................................................................................ ................................................................................................................................................ ................................................................................................................................................ ................................................................................................................................................ ................................................................................................................................................ ................................................................................................................................................ ................................................................................................................................................ ................................................................................................................................................ ................................................................................................................................................ ................................................................................................................................................ ................................................................................................................................................ ................................................................................................................................................ ................................................................................................................................................ Regional ESMO: Signature: Date: Verified by CDC and community members: Signatures: Date: Signatures: Date: 25 ‫‪Annex 2b‬‬ ‫‪Public awareness‬‬ ‫)‪(Prior to finalization of alignment/transect Walk‬‬ ‫اعالنات یاآگاهی عامه‬ ‫قبل از ختم کارصÙ? بندی مسیر سرک Ùˆ بازدید ابتدایی‬ ‫:‪Project ID‬‬ ‫:‪Village‬‬ ‫:‪Type of Project‬‬ ‫:‪District‬‬ ‫:‪Name and signature of surveyor‬‬ ‫:‪Province‬‬ ‫‪What is the Project and its salient features‬‬ ‫پروژه متذکره بخاطر احیاء سرک وساختمان پل ها ومعبر ها ایجاد شده‬ ‫پروژه چیست وخصوصیات برجسته آن Ú†Ù‡ میباشد‬ ‫است Ú©Ù‡ تا مردم به وسیله این سرک به مراکز صحی، بازارها‬ ‫وموسسات تعلیمی وتحصیلی دست یابند Ùˆ شاید هم تطبیق این پروژه‬ ‫موقتً تاثیرات منÙ?ÛŒ باالی محیط زیست ویا هم ضرورت به زمین‬ ‫ا‬ ‫اضاÙ?ÛŒ « جهت عریض ساختن سرک یا مسیر آن» داشته باشد Ú©Ù‡ در‬ ‫جریان بازدید تعیین خط وسیر آن تشخیص خواهد شد.‬ ‫‪Benefits‬‬ ‫ا‬ ‫این پروژه موقتً زمینه کاریابی را برای مردم محل ایجاد میکند،‬ ‫مزایا / Ù?واید‬ ‫وبعداز تکمیل، قریه................ را در موسم زمستان به مرکز‬ ‫ولسوالی ............ Ùˆ سایر ولسوالی ها وصل خواهد کرد وبدین گونه‬ ‫میتوان به مراکز صحی، مراکز تجارتی، بازار ها Ùˆ موسسات تعلیمی‬ ‫و تحصیلی دست یاÙ?ت. همچنان باعث کاهش قیمت ترانسپورت‬ ‫وجلوگیری ازاتالÙ? وقت میشود‬ ‫‪Which Agencies are involved‬‬ ‫وزارت احیاء وانکشاÙ? دهات Ùˆ Ù?واید عامه تطبیق کننده پروژه و‬ ‫تمویل کننده آن بانک جهانی میباشد.‬ ‫کدام ادارات درآن ذیدخل هستند‬ ‫‪What if resentment from community‬‬ ‫ا‬ ‫درجریان تطبیق پروژه ممکن است موقتً یک سلسله سروصدا ها ویا‬ ‫گرد وغبار بوجود آید Ú©Ù‡ باعث رنجش مردم خواهد شد. ولی با ایجاد اگر از طرÙ? اجتماع خشم ونارضایتی پدید آید چه‬ ‫اقداماتی اتحاذ میگردد‬ ‫کمیته اجتماعی سمع شکایات این مشکل حل خواهد گردید.‬ ‫‪Need for additional land‬‬ ‫قراریکه در جریان بازدید عرضی مسیر سرک مشاهده خواهد گردید‬ ‫که برای عریض ساختن سرک امکان دارد به یک اندازه زمین و‬ ‫ملکیت ضرورت خواهد بود ودر صورت ممکن Ùˆ رضایت مردم محل ضرورت به زمین اضاÙ?ÛŒ بوسیله اهداء زمین به گونه‬ ‫و مالکین ملکیت ها از ایشان تقاضای اهداء زمین خواهد گردید. در داوطلبانه‬ ‫صورتیکه مالک زمین/دارایی حاضر به اهداء رایګان زمین Ùˆ دارایی‬ ‫خود نباشد Ùˆ یا هم خسارات شخص متضرر شامل تخریب ساختمان‬ ‫(خانه، دیوار احاطه Ùˆ دکان) Ùˆ یا هم منبع عایداتی تمام شود در هر دو‬ ‫صورت اهالی منطقه Ù…Ú©Ù„Ù? به پرداخت جبران خساره برای شخص‬ ‫متضرر میباشند.‬ ‫‪Likely Impacts and Entitlements‬‬ ‫شناسایی تاثیرات احتمالی استمالک زمین/دارایی Ùˆ در صورت‬ ‫تاثیرات احتمالی Ùˆ استحقاق (جبران خساره)‬ ‫ضرورت پرداخت جبران خساره برای متضررین از طرÙ? اهالی.‬ ‫‪Date of Transect Walk‬‬ ‫22/22/22‬ ‫تاریخ سروی Ùˆ بازدید ابتدایی مسیر سرک‬ ‫‪Alignment Details on strip plan‬‬ ‫ضمیمه گردد.‬ ‫جزئیات مسیر«سرک» همراه با نقشه مسیر نشان داده شده‬ ‫‪Note: List of participants and the above points to be discussed and minute of meeting will‬‬ ‫.‪be prepared accordingly‬‬ ‫62‬ Annex 3 Outputs of Transect Walk (After finalization of alignment/transect walk) ‫بعد از ختم کارصÙ? بندی مسیر سرک وو بازدید ابتدایی‬ Project ID: District: Village Province Start date: End date: Identification of Environmental & Social sensitive location )‫)شناسایی ساحات حساس محیط زیستی Ùˆ اجتماعی‬ Likely location for additional land requirement ‫(موقعیت احتمالی زمین اضاÙ?ÛŒ مورد نیاز (بهتر است زمین‬ ) .‫مورد نیاز بروی ستریپ پالن شناسایی گردد‬ Any Issues identified including whether land in question is subject to dispute – ‫(تشخیص پیامدها‬ )‫شناسایی زمین ها ÛŒ مورد منازعه‬ PAPs Identified including estimate of likely livelihood impact on individual PAPs ‫تشخیص‬ ‫متضررین بشمول شناسایی تاثیرات (ناگوار) احتمالی باالی‬ )‫)معیشت اÙ?راد متضرر شده‬ Suggestion from community )‫(پیشنهاد مردم‬ Modifications (if any) to minimize land width accretion and incorporating community suggestions through alterations/modifications on alignment ‫(درصورت ضرورت به زمین اضاÙ?ÛŒ بخاطر وسعت بخشیدن عرض سرک، الزم است موضوع با اتÙ?اق نظروپیشنهادات‬ )‫مردم حل شود، درصورت ممکن مسیر سرک تبدیل گردد‬ ............................................................................................................................................................. ............................................................................................................................................................. ............................................................................................................................................................. ............................................................................................................................................................. ................................................................................................................................................ Regional ESMO: Signature: Date: 27 Annex 4 Alignment Details on Strip-Plan ‫نقشه با جزئیات مسیر سرک (موقعیت دقیق ساحات متضرر شده (زمین، خانه، دیوار احاطه، دکاکین Ùˆ غیره) Ú©Ù‡ در مسیر‬ ‫سرک قرار دارند بروی پالن تÙ?صیلی سرک به یک مقیاس معین ترسیم Ùˆ تÙ?صیالت آن (مساحت هر پارچه زمین/ساختمان‬ .‫با ذکر نام های مالکین آن) در کنار صÙ?حه ارایه Ùˆ پالن متذکره شامل اسناد تخنیکی ګردد‬ Project ID: Village: Project title : District: Type of project: Province: Total Length (km): Starting Node/km: Population Benefited: Ending Node/km: Start date of the project: End date of the project: Prepared By: Signature: Project alignment marked on Strip-Plan Items to be considered on strip plan (Likely location for additional land requirement ) Legend: Private land/asset L: Land S: Shop T: Tree H: House/structures G: public land belong to specific community group Social feature/services: C: Clinic Sc: Schools Ho: Hospital M: Mosque G: Graveyard W: Water 28 ‫5 ‪Annex‬‬ ‫‪Social Committee for Grievance Redress‬‬ ‫کمیته اجتماعی‬ ‫:‪Project ID‬‬ ‫:‪District‬‬ ‫‪Village‬‬ ‫‪Province‬‬ ‫:‪Start date‬‬ ‫:‪End date‬‬ ‫(‬ ‫میالدی Ú©Ù‡ در محل‬ ‫/‬ ‫/‬ ‫/ هجری شمسی مطابق‬ ‫/‬ ‫در نشست امروزی مورخ /‬ ‫) به اشتراک تعداد از نمایندگان، متنÙ?ذین Ùˆ بزرگان محل تدویر گردیده بود روی تشکیل Ùˆ ایجاد کمیته ‪ SIF‬بحث Ùˆ Ú¯Ù?تگو صورت‬ ‫پذیرÙ?ت Ú©Ù‡ در نتیجه اشخاص ذیل به تایید اکثر آرا مجلس، اعضای کمیته ‪ SIF‬تعین گردید.‬ ‫محترم ........................................ولد .............................. تلÙ?ون:‬ ‫1.‬ ‫محترم ........................................ولد............................... تلÙ?ون:‬ ‫0.‬ ‫محترم ........................................ولد............................... تلÙ?ون:‬ ‫3.‬ ‫محترم ........................................ولد............................... تلÙ?ون:‬ ‫4.‬ ‫محترم ........................................ولد............................... تلÙ?ون:‬ ‫5.‬ ‫مایان اعضای کمیته اجتماعی Ù?وق مسولیت داریم تا در اثنای شروع کار پروژه، کار را نظارت Ùˆ در صورت بروز کدام مشکل‬ ‫اجتماعی( بشمول حل منازعات زمین مورد نیاز Ú©Ù‡ جهت عریض سازی پروژه سرک ضرورت است) در قسمت حل Ùˆ Ù?صل آن‬ ‫اقدام ات عندالموقع نموده Ùˆ با مسولین پروژه جهت تطبیق بهتر کار پروژه همکاری همه جانبه نموده Ùˆ همچنان بعد از تکمیل‬ ‫پروژه در قسمت Ø­Ù?ظ Ùˆ مراقبت آن توجه الزم نمایم.‬ ‫وسالم‬ ‫محترم ...................... امضاء..‬ ‫محترم ........................ امضاء .....‬ ‫محترم ...................... امضاء..‬ ‫محترم ........................ امضاء .....‬ ‫محترم ........................ امضاء.......‬ ‫تاییدی شورای انکشاÙ?ی‬ ‫امضاء .…………………‬ ‫مسوول محیط زیستی Ùˆ اجتماعی:‬ ‫92‬ Annex 6 (i) Framework for Abbreviated Resettlement Action Plan In compliance of the Bank’s Operational Policy 4.12, in case of less than 200 Project Affected People (PAPs), the following abbreviated Resettlement Framework shall be followed in order to restore housing and issue economic compensation for loss of land and livelihood through a consultative and mutually agreeable process. Principles o All land should be surveyed and mapped and agreement reached with government on explicit eligibility cut-off date. o Where land is disputed or land ownership is not clear, the land will be surveyed and a map hereof issued to the affected families. In case of land disputes, attempts should be made to settle disputes prior to project start. o Customary and collective rights, e.g. to grazing land and commons, should be verified and documented through community-level consultations and local authorities. Customary and collective rights are also subject to compensation. o Compensation for land, housing and assets are based on principles of replacement cost and mutually agreeable solutions based on consultative approach with PAPs. o where affected land provide income, the equivalent to the value of the crop lost will be given in compensation, based on the value of the harvests lost until the replacement crop (e.g. fruit tress) come into full production. o if land forms basis for other income, the value of the income hereof will be subject to third party assessment o If PAPs are squatters/informal settlers on the land, they will receive economic/material compensation to re-establish themselves elsewhere (e.g. on government land) without suffering damage to their livelihood or living standard. Process 1. Survey of land and assets & census of Project Affected Peoples, including squatters and informal settlers: ï‚· The surveyed land and assets should be identified, marked and photographed, and by the defined eligibility cut-off date the areas should be secured against encroachers. ï‚· the Project Affected People should be identified and registered with full data and photographs ï‚· a compensation package should be developed (categories of impacts and appropriate entitlements to formal and informal settlers landholders and squatters), and ï‚· Initial consultations should be conducted to identify any salient issues or concerns impacting on affected people. Gender separate consultations should be conducted in order to properly ascertain the views of the women. 2. Calculation of individual entitlements. There should be continued consultations with the affected people regarding the project, land acquisition and compensation package in order to reach mutually agreeable solution to land/asset acquisition and/or shifting of house. In case any PAP refuses to shift, an abbreviated Resettlement Plan, compliant to OP 4.12, should be developed. 3. The compensation package and abbreviated Resettlement Plan should be submitted to the Bank for approval, using the formats included in the Safeguards Framework (Annex 6 (ii-iv) 4. The acquisition process is only completed with the actual payment of compensation to Project Affected People and settlement of any grievances they may hold. 30 Annex 6(ii) Land Acquisition Assessment Data Sheet (To be used to record information on all land to be acquired) 1. Quantities of land/structures/other assets required: 1. Date to be acquired: 2. Sketch of project land plot, identifying: Location and Category of Current uses Users Multiple Method of area of each land (private/ claimants/users acquisition** individual communal/ Yes/No piece of government land/structure etc) and involved: Owner(s)* (a) (b) (c) * Provide documentary proof, where available. ** Donation/Acquisition against Compensation/Purchase. This should be determined following consultations with PAPs In case of Multiple customary claimants/users, specify for each individual piece of land involved: ï‚· Number of Customary claimants: ï‚· Number of Squatters: ï‚· Number of Encroacher: ï‚· Number of Owners: ï‚· Number of Tenants: ï‚· Others (specify): Number: 4. Transfer of title: ï‚· Ensure these lands/structures/other assets free of claims or encumbrances. ï‚· Written proof must be obtained (notarized or witnessed statements) of the voluntary donation, or acceptance of the prices paid, from those affected, together with proof of title being vested in the community, or guarantee of public access, by the title-holder. 5. Describe grievance mechanisms available: 31 Annex 6(iii) Format to Document Contribution of Assets The following agreement has been made on............................ day of...................………. between...............................................resident of ............................................(the Owner) and ……………………………………………….(the Recipient). 1. That the Owner holds the transferable right of ........................…………………jerib of land/structure/asset in.........………………………………………………………………… 2. That the Owner testifies that the land/structure is free of squatters or encroachers and not subject to other claims. 3. That the Owner hereby grants to the Recipient this asset for the construction and development of ................................for the benefit of the villagers and the public at large. (Either, in case of donation:) 4. That the Owner will not claim any compensation against the grant of this asset. (Or, in case of compensation:) 4. That the Owner will receive compensation against the grant of this asset as per the attached Schedule. 5. That the Recipient agrees to accept this grant of asset for the purposes mentioned. 6. That the Recipient shall construct and develop the……………………and take all possible precautions to avoid damage to adjacent land/structure/other assets. 7. That both the parties agree that the………………………so constructed/developed shall be public premises. 8. That the provisions of this agreement will come into force from the date of signing of this deed. ____________________________ _____________________________________ Signature of the Owner: Signature of the Recipient/MRRD/MPW: Witnesses: 1.______________________________ 2.______________________________ (Signature, name and address) ______________________________________ (Attestation by District/Province Judge, Date) Confirmation of CDC: Signature/Stamp Confirmation of District Authority: Signature /Stamp 32 Annex 6(iv) Compensation of Asset Requisition Summary of Units to be Compensated Agreed Compensation affected unit/item a. Urban/agricultural land (jerib): _____________________ ___________________ b. Houses/structures to be demolished (units/jerib): _____________________ ___________________ c. Type of structure to be demolished (e.g. mud, brick, etc.) _____________________ Not Applicable. d. Trees or crops affected (units/jerib): _____________________ ___________________ e. Water sources affected: _____________________ ___________________ Signature of PAP signifying his/her agreement: Signatures of local community representatives, shura head: Include record of any complaints raised by affected persons: Map attached (showing affected areas and replacement areas): _______________________________________ (Attestation by District/Province Judge, Date) 33 Annex 7 Generic Environmental and Social Management Plan For …. km road (Ch 0+000-0+000) of …. [NAME]…..subproject … [NAME]... District, …… [NAME]…..…… Province -Afghanistan Date: …. /…. /…. Table of Contents Summary Purpose of ESMP Public Disclosure and Community Consultation Project description Project Objectives Physical Resources Socio-economic Conditions and Expected Development Potential environmental and social Impacts Environmental and Social Mitigation Plan Mitigation Cost Implementation of Mitigation Measures Environment and social Monitoring plan Institutional Requirements Summary In compliance with Afghanistan Environmental law, EIA regulation and World Bank Safeguard Policies, the Environment & Social Management Framework was produced to summarize and accelerate the incorporation of environment and social considerations into overall NRAP project cycle. Therefore, based on environment and social screening and technical feasibility study, this ESMP was developed to avoid or minimize the predicated adverse impacts of the project on environment and human health. The ESMP include the Purpose of ESMP, Public Consultation and Public Disclosure, Project Description, Project Objective, Physical Resources, Socio- economic Conditions and Development, Potential Environmental and Social Impacts, Environmental and Social Mitigation Plan, Mitigation Cost, Implementation of Mitigation Measures, Institutional Requirements and Environmental Monitoring and Reporting. In addition, the ESMF supported documents, Community Commitment’s letters and other documents will be attached. Purpose of ESMP The Project ESMP is a project-specific source document detailing the environmental protection requirements to mitigate and minimize environmental impacts. The Project ESMP’s primary 34 purpose is to ensure that the environmental requirements and commitments associated with the project are carried forward into implementation and operational phases of the project and are effectively managed. The specific objectives of this ESMP are as hereunder: ï‚· Minimize the identified potential adverse impacts of the project on environment and human health ï‚· Prevent or compensate any loss of livelihood; ï‚· Prevent environmental degradation as a result of either individual subprojects or their cumulative effects; ï‚· Enhance positive environmental and social outcomes; and, ï‚· Ensure that the ESMP is feasible and cost-efficient ï‚· As an Action Plan ensure that the project impact mitigation measures are properly implemented and monitored Public Disclosure and Community Consultation: In accordance to the Community Consultation Manual, during survey and preparation of the Project ESMP all relevant parties including local people, stakeholders and statutory authorities that have environmental protection responsibilities will be consulted about the impact of road construction and rehabilitation. Broader community involvement will be conducted. Public announcement and consultation will also be conducted during construction and rehabilitation of the road for the implementation of the ESMP. Moreover, during the project implementation people of the vicinity area will be informed about the negative impacts of the project and its possible hazards. Each public organization and individuals having structure in proximity to the site of the work will be notified in advance (with sufficient time) about start of the organization and individuals could take necessary step. Sub-project description: ……………………………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………………………… Project Objectives: ……………………………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………………………… ……………………………………………………………………………………………………………………………………………… ……………………………………………………………………… Physical Resources: ï‚· Topography ………………………………………………………………………………………………………………………………… ……………………………………………………………………… ………………………………………………………………………………………………………………………………… ……………………………………………………………………… 35 ………………………………………………………………………………………………………………………………… ………………………………….…………………………………… ………………………………………………………………………………………………………………………………… ……………………………………………………………………… ï‚· Climate ………………………………………………………………………………………………………………………………… ……………………………………………………………………… ………………………………………………………………………………………………………………………………… ………………………………….…………………………………… ………………………………………………………………………………………………………………………………… ……………………………………………………………………… ï‚· Air Quality ………………………………………………………………………………………………………………………………… ……………………………………………………………………… ………………………………………………………………………………………………………………………………… ………………………………….…………………………………… ………………………………………………………………………………………………………………………………… ……………………………………………………………………… ï‚· Water Resources ………………………………………………………………………………………………………………………………… ………………………………………………………………….…… ………………………………………………………………………………………………………………………………… …………………………………………………………………….… ………………………………………………………………………………………………………………………………… ………………………………….…………………………………… ï‚· Geology ……………………………………………………………………………………………………………………………………………… …………………………………………………..……… ………………………………………………………………………………………………………………………………… ……………………………………………………………….……… ………………………………………………………………………………………………………………………………… ………………………………….…………………………….………………………………………………………………… ………………………………………………………………………………………………………………………………… …….……… Socio-economic Conditions and Expected Development This Road connecting three villages located in the left bank of the bridge to several villages in the right and also to the road stretch to …………...… district. The total population that gets benefit will reach to ……….. Due to lack of Agricultural land and access to the market and hospital and health clinic, the residence of these areas has a pitiable life with bad economical condition. ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ……………………………………………………………………………………………………… ………………………………………………………………………………………………… 36 Potential Environmental and Social Impacts: Examples: ï‚· Air pollution and Water contamination ï‚· Damages to trees or vegetation covers ï‚· Land acquisition ï‚· loss of property and land and consequently ï‚· Seasonal stream aside of the proposed bridge which will be disturbed by the bridge approach road. ï‚· Soil erosion on bridge approach road where water velocity could increase. Erosion on bridge approach road in one side of the bridge closed to the Wing wall ï‚· Soil erosion due to removing surface soil, borrow area, transportation of materials and labors, waste generation 37 Environmental and Social Mitigation Plan The Environmental and Social Mitigation Plan clarifies the project activities, potential impacts, mitigation measures, objective, implementation method and its period, responsible authority and mitigation cost. Based on environmental and social screening, the negative impacts will be identified and the required mitigation measures will be proposed. Project Activity Negative Impacts Mitigation Measure Objective Period of Authority Mitigation implementation Responsible Cost Rehabilitation of Impact on local people’s ï‚· The acquisition of land and properties ï‚· To ensure that people ï‚· Pre- Community/ 0.Afs road (Land livelihoods (Govt. /private) will be carried out in donate their lands operation PIU considerations) accordance with the ESMF and required voluntarily to the phase annexes (see the attached annexes) government’s project ï‚· To ensure that PAPs are not more than 200 Rehabilitation of Loss of environmental ï‚· Minimize cutting of tree and vegetation, ï‚· To ensure that the trees ï‚· Operation Community/ 0.Afs road benefits from vegetation, compensatory plantation of trees have been planted and phases PIU/Contrac disturbance in ecological ï‚· Replant the same trees in adaptation and are growing up tor (Cutting of trees) function (dust and noise salubrious with the local environment ï‚· Cost to be included in absorbance, aesthetic value during seasonal time Provisional sum of the etc.) ï‚· Road side tree plantation shall be Contract maintained. Relocation of Impacts on community ï‚· All CPRs (common property resources) ï‚· The aim of such ï‚· Operation Community/ 0.Afs Community Utilities Utilities and Common such as stand posts, bore wells, graves, precondition is to phases PIU/Contrac and Common property resources ponds, water supply lines, sewage lines, reduce stress to the tor Property Resources drainage systems and telephone cables local population and to together with electric power supply lines prevent unnecessary shall have to be removed and relocated loss of man-days along outside the corridor before with law and other commencement of the road improvement situations, accidents, activity. and pollution and traffic ï‚· The relocation sites for CPRs shall be problem. done in consultation with the local ï‚· Cost to be included administrative authorities and people. under provisional sum 38 of the contract Inappropriate location such ï‚· Selection of camp setting must be done ï‚· To ensure camp sitting Community/ 0.Afs as proximity to local with the consultation of local authority is considered at the PIU/Contrac The cost Establishment of community drinking water and local people. design phase and tor will be Camp Location and source, shrines community are ï‚· Design Phase borne by the contractor facilities ï‚· Local people with the necessary skill Environmentally unsound consulted well in ï‚· Operation contractor shall be employed by the project. advance Phase use of community ï‚· Location of construction camps at least ï‚· To ensure camp is sited resources such as forestry 500m away from community areas, 500.m away from products by workers and away from drinking water sources community area. ï‚· To keep the water sources uncontaminated. ï‚· The cost will be borne by the contractor. Rehabilitation of Explosion hazard ï‚· People of the vicinity area will be ï‚· Make sure that Community/ 0.Afs road loss of private as well as informed about the blasting time and its the blasting do not put ï‚· Design Phase PIU/Contrac (blasting) public properties and possible hazard. significant impacts on ï‚· Operation tor possible damage to ï‚· Each public organization and individuals local people Phase vegetation, crops, and water having structure in proximity to the site of ï‚· The cost will be resources the work will be notified in advance (with included in the relevant sufficient time) for using the explosives so BOQ item. that the organization and individuals could take necessary step. ï‚· Danger zone will be created and ensured that all personnel, vehicles and livestock are cleared from the zone before and during the blast. In the settlement area, necessary steps (it might be evacuation in the area) will be taken to avoid damage to the property from the flying rock. ï‚· Danger red flag will be displayed prominently in all direction during the blasting. The flag will be kept 200m far from the blasting site in radial direction. ï‚· Not more than 10 charges will be 39 prepared and fired at a time. The site in charge will blow a siren for cautioning the local people. ï‚· Provide adequate compensation to land and property damaged by the blasting ï‚· Permission shall be obtained from the Chief of police/District Governor in order to use of explosive material, storage, application and transportation of explosives. ï‚· The blasting site shall be restored after the completion of blasting, and left in stable condition without steep slopes. Cutting of hill slope and ï‚· Disposal of debris at proper sites or ï‚· To ensure that Community/ 0.Afs Road Rehabilitation earth removal from borrow reuse material for construction construction material ï‚· Design Phase PIU/Contrac areas caused for soil will not remain in the ï‚· Operation tor (Cutting and ï‚· Proper restoration of borrow areas site. erosion and landslides Phase Excavation) excavated soil and construction debris ï‚· The cost of safe disposal to avoid impacts and restoration of borrow areas is the obligation of the contractor ï‚· The cost is included in the relevant BOQ item Operation, Air pollution which may ï‚· Minimize the working area. ï‚· Make sure that project’s ï‚· Design Phase Community/ 0..Afs excavation and increase inspiration ï‚· Use water spray to wet down and dampen activities do not produce ï‚· Operation PIU/Contrac The cost transportation diseases among the local soil. air pollution which may Phase tor will be ï‚· Dispose or reuse the excavated soil in increase respiratory borne by the activities people diseases among the local Contractor construction debris. people Rehabilitation Impacts on Flora and ï‚· Work only in day time, do not disturb ï‚· Make sure that the Operation phase Community/ 0.Afs activities and Fauna wildlife and aware workers project activities do not PIU/Contrac transportation (Impacts on Wildlife ï‚· Minimum site clearance, discouraging threat the endangered tor operations workers for collecting fuel wood from species of Afghanistan including birds due to Loss of Habitat forest or hunting/harassing faunas ï‚· Refer to the list of endangered species of 40 and Hunting) Afghanistan and notify NEPA for approval Location in unstable areas ï‚· To avoid any possible Community/ 0.Afs or in sensitive areas to be ï‚· Only stable areas and existing or new conflict among PIU/Contrac Rehabilitation avoided. government approved sites may be community ï‚· Design phase tor activities near to Location in unstable areas considered ï‚· To avoid from any ï‚· Operation environmental or on agricultural land. ï‚· Location in area with stable soil and away possible risk to the Phase sensitive area Location in dry river near from agricultural land or near water bridge to the bridge may increase resources and human settlements. risk of bridge damages by the flood. Water parameters The new bridge and its ï‚· Speed limit of 20Km per hour shall be ï‚· To avoid from any ï‚· Design Phase Community/ 0.Afs Bridge improvement approach road in one side observed in settled areas. unexpected falling of ï‚· Operation PIU/Contrac may increase risk of road vehicles Phase tor activity ï‚· Railing post to be considered at both traffic accidents to sides of the Bridge. communities in bridge location The water canal will be ï‚· A stone pitching wall in both side of ï‚· To avoid any possible Community/ 0.Afs Rehabilitation damaged and disturbed by seasonal canal or displacement of canal. disturbing for ï‚· Design Phase PIU/Contrac Bridge’s approach Rd ï‚· The protection wall should be constructed community’s land and ï‚· Operation tor activity around in the both side of gully and the length of to keep safe the village Phase water bodies Alteration of water flow seasonal canal. protection wall is parallel to the direction (Land and canal bank of water flow. destruction due to flood surface) Excavation of Quarry operation and its ï‚· Quarry shall not be done near surface ï‚· To avoid landslides and Community/ 0.Afs quarries and borrow potential effect on water sources. erosion ï‚· Design Phase PIU/Contrac pit location instability, landslide Water ï‚· Take soil/rock from approved borrow ï‚· To keep water sources ï‚· Operation tor pollution, damage to areas, barren areas, or vendors; store soil clean and stable Phase farmland, disturbance in and debris to avoid erosion; dispose to natural drainage existing dumps or reuse excavated soil and construction debris. ï‚· Proper selection and management of quarry sites, rehabilitation of quarry sites after completion of work. 41 Soil erosion on bridge ï‚· Soil erosion should be prevented ï‚· To avoid any possible Community/ approach road where water especially in bridge approach road by erosion and stabilize the ï‚· Design phase PIU/Contrac 0.Afs reconstruction velocity could increase. construction of correctly designed approach road. ï‚· Operation tor activities near to Erosion on bridge approach retaining walls. ï‚· To keep widening of its ï‚· Phase water bodies road in one side of the ï‚· The Bridge wing wall’s length should be approach road. bridge closed to the wing extended in all 4 sides ï‚· To protect people walls property from water velocity. ï‚· To prevent from any possible community conflict. The bridge or its approach ï‚· A protection wall should be considered as ï‚· To maintain the ï‚· Design phase Community/ road will be washed or a safety or defender for its approach road approach road ï‚· Operation PIU/Contrac 0.Afs Bridge improvement damaged by water in one or might be constructed aside of the river unaffected. ï‚· Phase tor activities side. closed to the wing wall or technically compatible. ï‚· Supplying the required safety equipments ï‚· To safeguard the health Community/ 0.Afs Laborers and workers Damages and injuries will including Helmets, Gloves, Eyeglasses, and safety of workers. ï‚· Operation PIU/Contrac who involve in happen among the workers Boots and Jackets ï‚· Phase tor operation activities ï‚· Availability of First Aid Box and other ï‚· To ensure that people necessary safety equipments for the undertaking these tasks workers. know exactly what is to ï‚· Development of safety procedures and be done. operational manual. Total Cost 000,000.Afs 42 Mitigation Cost: The design and cost estimate for most of the suggested mitigation measures such as slope stabilization, quarry site management, spoil disposal, supply of goggles, helmets, gloves, muffles, booths and jackets, bioengineering measures, plantation, land slide rehabilitation, shall be incorporated into project BoQ. Therefore, the suggested mitigation measures through this ESMP would be part of project design and tender document. Implementation of Mitigation Measures: The mitigation measures will be integrated into project design and tender documents. Using this approach, the mitigation measures will automatically become part of the project construction and operation phase. By including mitigation measures in the contract or in specific items in the Bill of Quantities, monitoring and supervision of mitigation implementation could be covered under the normal engineering supervision provisions of the contract. The project contractor will be bound by the parameters identified in the environmental and social assessment pertaining to specific mitigation measures in the contract. The tender instruction to bidders will explicitly mention the site-specific mitigation measures to be performed, the materials to be used, labor camp arrangements, and waste disposal areas, as well as other site specific environmental requirements. Action to be taken against failure to comply with ESMP requirements will also be clearly agreed in the contract agreement document. Monitoring of mitigation measures The Environment and social screening checklist prescribes the mitigation measures through ESMP in order to avoid /minimize the adverse impacts and to enhance beneficial impacts. Environmental and Social monitoring generates useful information and improves the quality of implementation of mitigation measures. In this regard, environmental and social monitoring plan is an important tool to ensure that proposed mitigation measures are implemented properly and regularly. The nature and purpose of environmental and social monitoring will be different in the pre- operation stage and operation stages of the project. The Environmental and social Monitoring format was developed (Please refer to attached template). Institutional Requirements The Regional Office will be responsible for supervising implementation of this ESMP and this will include: ï‚· Ensuring that project contractor execute its responsibilities as specified in the ESMP ï‚· Monitoring the social conditions associated with the project resolving grievances amongst villagers towards project construction practices. ï‚· Carrying out periodic environmental and social monitoring of subproject construction works to identify potential problems that should be corrected, and provide guidance on how problems might be resolved. The contractor is required to report on the implementation status of environmental mitigation measures in monthly progress reports and this shall include: ï‚· Identification of applicable environmental and social mitigation measures (from contract and ESMP) in regard to work undertaken during the month and status of implementation. ï‚· Develop a timeline for the implementation of mitigation measures in parallel with the general implementation of project activities 43 ï‚· Environmental and social problems encountered and actions taken (or proposed) to correct problems. ï‚· Contractor is responsible to consider the above mentioned requirements of this ESPM and assure its proper implementation. Regional ESM Officer: Signature: Date: Regional Sr. Engineer/Manager: Signature: Date: Head of Technical Unit: Signature: Date: Head of ESM Unit: Signature: Date: 44 Environment and Social Monitoring Plan Template Project ID: Village: Type of Project: District: CDC: Province: Start date: End date: Environment and Social Management Officer: Signature: Date: Regional Sr. Engineer/Manager: Signature: Date: Corrective 3 Description of Mitigation Monitoring Monitoring Monitoring Action Responsible No. Impact Measure4 Methods5 Frequency6 Results7 Needed8 person9 Minimize the working area. EX: increased dust, Use water spray to wet Site report, Each two 50% done No ESMO Mr. burning of waste or down and dampen soil. photos and week Fawad 1 using fossil fuels. Dispose or reuse the visual excavated soil in observation construction debris. 2 3 4 5 6 7 ESM’s specifications (use this space if corrective actions needed): 3 Take from Environmental Survey Checklist, example: low impact on reducing soil fertility. 4 Take from Environmental Survey Checklist 5 Example: visual inspection, site report, photos, etc. 6 Example: once per week, upon the milestone completion, etc. 7 Acceptable/Additional action needed 8 YES/NO 9 ESMO, Regional Engineers, Field officer, etc 45 Annex 8 – Procedures for Mine Risk Management in World Bank-Funded Projects in Afghanistan Background: The following procedures are designed to respond to the risks caused by the presence of mines in Afghanistan, in the context of: ï‚· Community rehabilitation / construction works to be identified and implemented by the communities themselves (for small projects of up to $100,000 each); ï‚· Small and medium-size works to be identified by local authorities and implemented by local contractors (for projects up to $5m each); ï‚· Works to be implemented directly by Government departments/agencies, without use of contractors; ï‚· Large works to be implemented by contractors (for projects above $5m); General comment applying to all following procedures: All risk assessment and clearance tasks shall be implemented in coordination with the Mine Action Center for Afghanistan (MACA). These procedures may need to be amended in the future depending on evolving circumstances. Procedure for Community-Managed Works Applicability: This procedure applies to community rehabilitation / construction works to be identified and implemented by the communities themselves (for small projects of up to $100,000 each). Overall approach: The communities should be responsible for making sure that the projects they propose are not in mine-contaminated areas, or have been cleared by MACA (or a mine action organization accredited by MACA). Rationale: Communities are best placed to know about mined areas in their vicinity, and have a strong incentive to report them accurately as they will carry out the works themselves. Procedure: 1. Communities are required to submit a reply to a questionnaire regarding the suspected presence of mines in the area where Bank-funded community-managed projects will be implemented. This questionnaire should be formally endorsed by the Mine Action Program for Afghanistan (MAPA). It will be a mandatory attachment to the project submission by the communities and should be signed by community representatives and the external project facilitator. External project facilitators will receive training from MAPA. Financing agreements with the communities should make clear that communities are solely liable in case of a mine-related accident. 46 2. If the community certifies that there is no known mine contamination in the area, the ministry responsible for the selection of projects should check with MACA whether any different observation is reported on MACA’s data base. o If MACA’s information is the same, the project can go ahead for selection. The community takes the full responsibility for the assessment, and external organizations cannot be made liable in case of an accident. o If MACA’s information is different, the project should not go ahead for selection as long as MACA’s and community’s statements have not been reconciled. 3. If the community suspects mine contamination in the area, o If the community has included an assessment / clearance task in the project agreed to be implemented by MACA (or by a mine action organization accredited by MACA), the project can go ahead for selection. o If the community has not included an assessment / clearance task in the project, the project should not go ahead for selection as long as this has not been corrected. o Mine clearance tasks must be implemented by MACA or by a mine action organization accredited by MACA. Communities will be penalized (subsequent funding by World-Bank funded projects shall be reduced or cancelled) if they elect to clear mines on their own. Procedure for Small and Medium-size Works Contracted Out Applicability: This procedure applies to small- and medium-size works to be identified by local authorities and implemented by local contractors (for projects up to $5m each). Overall approach: MACA (or a mine action organization accredited by MACA) should provide detailed information on the mine-related risks (either based on previously done and updated general survey or on a new general survey) before projects are considered for selection. Only project sites assessed to have a nil-to-low risk would be eligible for selection, unless they have been determined by MACA or by a mine action organization accredited by MACA. Rationale: Neither local authorities nor local contractors have the capacity to assess the mine-related risks in a systematic way, while they may have incentives to underestimate them. Procedure: 1. Prior to putting up a project for selection, a general survey should be carried out by MACA (or a mine action organization accredited by MACA) to assess mine- 47 related risks in the area of the project (this should include checking information available in the MACA data base). 2. If MACA provides information suggesting a nil-to-low risk in the proposed project area, the project can go ahead for selection. 3. The contract between the responsible ministry and the contractor will include a clause stating that in case of an accident, legal liability would be fully and solely borne by the contractor. 4. If MACA assesses a potentially high risk in the area (whether due to the presence of mines or uncertainty), o If the project includes an assessment / clearance task agreed to be implemented by MACA (or by a mine action organization accredited by MACA), it can go ahead for selection based on agreed funding modalities (clearance may be funded either under a contract with a Bank-funded project or under existing donor agreements with the mine action organization); o If the project does not included an assessment / clearance task, it should not go ahead for selection as long as this has not been corrected. Procedure for Works to be implemented directly by Government Departments/Agencies, without use of contractors Applicability: This procedure applies to works to be implemented directly by Government departments/agencies, without use of contractors. Overall approach: MACA (or a mine action organization accredited by MACA) should provide detailed information on the mine-related risks (either based on previously done and updated general survey or on a new general survey) before works or installation of goods/materials are carried out in any given area. Work would only be allowed to proceed in areas assessed to have a nil-to-low risk, unless they have been de-mined by a mine action organization accredited by MACA . Rationale: Government departments and agencies responsible for providing services currently do not have the capacity to assess the mine-related risks in a systematic way, and currently follow a process of consulting with MACA prior to carrying out activities. Procedure: 1. Prior to carrying out work, the Government department/agency will consult with MACA to assess mine-related risks in the area (this should include checking information available in the MACA data base). If not already done, a general survey should be carried out by MACA (or by a mine action organization accredited by MACA) to assess mine-related risks in the area. 48 2. If MACA provides detailed information on mine-related risks which suggest a nil- to-low risk in the proposed area, the work can proceed. The Government would be solely liable in case of a mine-related accident. 3. If information provided by MACA cannot support the assessment of a nil-to-low risk in the proposed area (whether due to the presence of mines or uncertainty), works should not go ahead before MACA (or a mine action organization accredited by MACA) carries out the necessary further assessment and/or clearance for risks to be downgraded to nil- to-low, based on agreed funding modalities (clearance may be funded either under a contract with a Bank-funded project or under existing donor agreements with the mine action organization). Procedure for Large Works Using Contractors Applicability: This procedure applies to large works to be implemented by large contractors (projects above $5m). Overall approach: The main contractor should be responsible for dealing with mine- related risks, in coordination with the UN Mine Action Center. Procedure: 1. As part of the preparation of the bidding documents, a general survey should be carried out by MACA (or a mine action organization accredited by MACA) on all the areas where contractors may have to work (broadly defined). This survey should provide detailed information on mine-related risks in the various areas allowing for an un-ambiguous identification of areas that have a nil-to-low risk of mine/UXO contamination and areas where the risk is either higher or unknown. The survey should be financed out of the preparation costs of the bidding documents. 2. All survey information should be communicated to the bidders (with sufficient legal caveats so that it does not entail any liability), as information for the planning of their activities (e.g., location of campsites, access roads to quarries). 3. Depending on the nature and location of the project and on the available risk assessment, two different options can be used. Option 1 – Mine-clearance activities are part of the general contract a. Based on the general survey results, a specific budget provision for mine action during construction is set aside as a separate provisional sum in the tender documents for the general contract. b. As a separately identified item in their bid, the bidders include a provision for a further detailed mine assessment and clearance during construction. 49 c. On the instruction of the Supervision Engineer and drawing on the specific provisional sum for mine action in the contract, the contractor uses one of several nominated sub-contractors (or a mine action organization accredited by MACA) to be rapidly available on call, to carry out assessment prior to initiation of physical works in potentially contaminated areas, and to conduct clearance tasks as he finds may be needed. The Contractor may also hire an international specialist to assist him in preparing and supervising these tasks. The Contractor is free to choose which of the accredited sub-contractors to use, and he is fully responsible for the quality of the works and is solely liable in case of accident after an area has been demined. d. To avoid an “over-useâ€? of the budget provision, the Contractor is required to inform the Supervision Engineer in writing (with a clear justification of the works to be carried out) well in advance of mobilizing the mine-clearing team. The Supervision Engineer has the capacity to object to such works. Option 2 – Mine-clearance activities are carried out under a separate contract a. Specific, separately-awarded contracts are issued for further surveying and/or clearing of areas with a not-nil-to-low risk (under the supervision of the Engineer) by specialized contractors (or a mine action organization accredited by MACA). The definition of the areas to be further surveyed / cleared should be limited to those areas where any contractor would have to work, and should not include areas such as camp sites and quarries/material sites which are to be identified by the Contractor during and after bidding of the works. As a result of these further surveys and possibly clearance works, mine-related risk in the entire contract area is downgraded to nil-to-low. b. The contract with the general Contractor specifies the extent of the portion of the construction site of which the Contractor is to be given possession from time to time, clearly indicating restrictions of access to areas where the mine risk is not nil-to-low. It also indicates the target dates at which these areas will be accessible. Following receipt of the notice to commence works from the Engineer, the Contractor can start work in all other areas. c. The general Contractor is invited to include in its bid an amount for mine- security, to cover any additional survey / clearance he may feel necessary to undertake the works. 4. In case of an accident, a Board of Inquiry is assembled by MACA to investigate on the causes of the accident and determine liabilities. Large penalties should be applied on the Contractor if the Board determines that the accident resulted from a breach of safety rules. 5. All parties involved in this process are required to closely coordinate with MACA and to provide the Government, local communities, MACA, as well as any interested party 50 the full available information on mine-related risks that may reasonably be required (e.g., maps of identified minefields, assessments for specific areas). 51 References: ï‚· Afghanistan Environment Law (Issue #873), Jan 2006, NEPA , Official Gazette ï‚· Afghanistan Environment Impact Assessment regulation EIA (Issue #939), Mar 2008 NEPA ,Official Gazette ï‚· Law on Managing Land Affairs (Issue #958), July 2008, Official Gazette ï‚· The law on the preservation of the Historic and Culture Heritage of Afghanistan, (Issue #828),May 2004, official Gazette ï‚· Land Expropriation Law ï‚· World Bank Safeguard Polices 52