Government of Nepal National Planning Commission Unlocking Human Capital for a Prosperous Nepal (P167531) ENVIRONMENTAL and SOCIAL COMMITMENT PLAN (ESCP) April 2021 2|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 1. The Government of Nepal (GoN) will implement the Unlocking Human Capital for a Prosperous Nepal Project (the Project), with the involvement of the National Planning Commission (NPC). The International Development Association (hereinafter the World Bank) has agreed to provide financing for the Project. 2. The GoN will implement material measures and actions so that the Project is implemented in accordance with the Environmental and Social Standards (ESSs). This Environmental and Social Commitment Plan (ESCP) sets out material measures and actions, any specific documents, or plans, as well as the timing for each of these. 3. The GoN will also comply with the provisions of any other E&S documents required under the ESF and referred to in this ESCP, such as the Environmental and Social Management Framework (ESMF), Environmental and Social Management Plans (ESMP), Resettlement Framework (RF) and Stakeholder Engagement Plan (SEP), and the timelines specified in those E&S documents. 4. The GoN is responsible for compliance with all requirements of the ESCP even when implementation of specific measures and actions is conducted by the NPC. 5. Implementation of the material measures and actions set out in this ESCP will be monitored and reported to the World Bank by the GoN as required by the ESCP and the conditions of the legal agreement, and the World Bank will monitor and assess progress and completion of the material measures and actions throughout implementation of the Project. 6. As agreed by the World Bank and the GoN, this ESCP may be revised from time to time during Project implementation, to reflect adaptive management of Project changes and unforeseen circumstances or in response to assessment of Project performance conducted under the ESCP itself. In such circumstances, the GoN or the National Planning Commission (NPC) will agree to the changes with the World Bank and will update the ESCP to reflect such changes. Agreement on changes to the ESCP will be documented through the exchange of letters signed between the World Bank and the GoN or NPC. The GoN or NPC will promptly disclose the updated ESCP. 7. Where Project changes, unforeseen circumstances arises, or Project performance result in changes to the risks and impacts during Project implementation, the GoN shall provide additional funds, if needed, to implement actions and measures to address such risks and impacts, which may include risks and impacts that are relevant to the Project, such as environmental, health, and safety impacts, labor influx, sexual exploitation and abuse and sexual harassment (SEA/SH). 2|Page MATERIAL MEASURES AND ACTIONS TIME FRAME RESPONSIBILE ENTITY/AUTHORITY MONITORING AND REPORTING A REGULAR REPORTING Prepare and submit to the World Bank regular monitoring reports on Every six months throughout Project Project Management Unit (PMU) – NPC the environmental, social, health, and safety (ESHS) performance of implementation. Report should be received the Project, including but not limited to the implementation of the by the Bank not later than 2 weeks after the ESCP, status of preparation and implementation of E&S documents end of the 6-month period. required under the ESCP, stakeholder engagement activities, and the functioning of the grievance mechanism. B INCIDENTS AND ACCIDENTS NOTIFICATION Promptly notify the World Bank of any incident or accident related to Any incident or accident shall be notified to PMU the Project which has, or is likely to have, a significant adverse effect the Bank within 24 hours after learning of on the environment, the affected communities, the public or workers the incident or accident. A report will be including accidents that could result in fatalities, injuries, sexual provided within a month after learning of exploitation and abuse and sexual harassment (SEA/SH) etc. Provide the incident or accident, acceptable to the sufficient detail regarding the incident or accident, indicating Bank, as requested. immediate measures taken or that are planned to be taken to address it, and any information provided by any contractor and supervising entity, as appropriate. Subsequently, as per the World Bank’s request, prepare a report on the incident or accident and propose any measures to prevent its recurrence. C THIRD PARTY MONITORING External or third-party monitoring or independent audit of ESMF Three times during project implementation PMU (hire/ engage third party by six implementation will be conducted to ensure that all E&S management (tentatively, first year of implementation, month of project effectiveness) measures are being properly addressed and that mitigation measures att mid-term and during the final year of are being implemented where these are required. project implementation. ESS 1: ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS 1.1 ORGANIZATIONAL STRUCTURE PMU Establish and maintain a project management unit (PMU) with a A PMU including at least three (3) specialists qualified Environmental Specialist, Social Development Specialist, and (Environmental, Social and Gender/GBV) Gender/GBV Specialist within the PMU structure with qualified staff and LL-PMU with a social/environmental and resources to support management of E&S risks throughout the staff will be established within 90 days after Project implementation. Similarly, the local level (LL)-PMUs will be Project effectiveness. The organizational established with a social/environmental staff to support management structure, including the specialists, shall be of E&S risks at the local level throughout the Project implementation. maintained throughout Project implementation. 3|Page MATERIAL MEASURES AND ACTIONS TIME FRAME RESPONSIBILE ENTITY/AUTHORITY 1.2 ENVIRONMENTAL AND SOCIAL ASSESSMENT PMU a. Update, adopt, and implement, the Environmental and Social a. Final ESMF shall be finalized, disclosed, Subproject/ activity implementing entity Management Framework (ESMF) that has been prepared for the consulted, and adopted before project Project, in a manner acceptable to the World Bank. effectiveness date. b. Prepare, disclose, adopt, and implement any environmental and social management plans or other instruments required for the b. Before implementing relevant respective Project activities/ subproject based on the assessment activities/subproject, and thereafter process, in accordance with the ESSs, the ESMF, the EHSGs, and throughout the implementation of such other relevant Good International Industry Practice (GIIP) including activities/ subproject. the relevant WHO guidelines on COVID-19 in a manner acceptable to the World Bank. 1.3 MANAGEMENT TOOLS AND INSTRUMENTS Screen any proposed subproject in accordance with the ESMF Prior to approval of the sub-projects/ PMU prepared for the Project, and, thereafter, draft, adopt, and implement activity, and thereafter, apply throughout Activity / subproject Implementing Entity the subproject Environmental and Social Management Plan (ESMP), or project implementation. Contractors other specific activity/ subproject instrument as required, in a manner acceptable to the World Bank. 1.4 MANAGEMENT OF CONTRACTORS Incorporate the relevant aspects of the ESCP, including the relevant During preparation of the bidding PMU E&S documents and/or plans, and the Labor Management Procedures, documents. Activity/ subproject Implementing Entity into the ESHS specifications of the procurement documents with contractors. Thereafter ensure that the contractors comply with the Maintain throughout Project ESHS specifications of their respective contracts. implementation. 1.5 PERMIT, CONSENTS AND AUTHORIZATIONS As appropriate, obtain permits, consents, no-objections, and Obtain licenses and permits prior to carrying NPC/PMU authorizations, including environmental licenses and work permits that out any subproject / activity requiring a Activity/ subproject Implementing Entity are applicable to the subproject/ activity from relevant national and/or license. to ensure compliance. local authorities. To be monitored by the external or third- As appropriate, comply with the conditions established in these party monitoring agency permits, consents and authorizations throughout Project implementation. 3|Page MATERIAL MEASURES AND ACTIONS TIME FRAME RESPONSIBILE ENTITY/AUTHORITY ESS 2: LABOR AND WORKING CONDITIONS 2.1 LABOR MANAGEMENT PROCEDURES Final LMP by the project effectiveness, tailor PMU Adopt Labor Management Procedures (LMP) as part of the Project to subproject/ activity in the respective Subproject/ activity implementing entity. ESMF and elaborate/ tailored the LMP provisions to the subproject/ ESMP, and comply throughout activity in the ESMP and implement throughout. implementation. 2.2 GRIEVANCE MECHANISM FOR PROJECT WORKERS Grievance mechanism operational prior to PMU Establish, maintain, and operate a grievance mechanism for Project engaging Project Workers and maintained workers, as described in the LMP and consistent with ESS2. throughout Project implementation. 2.3 OCCUPATIONAL HEALTH AND SAFETY (OHS) MEASURES Contractual obligations will be maintained PMU Prepare and incorporate Occupational Health and Safety (OHS) throughout the Project implementation. Implementing entity measures consistent with ESS2, the World Bank Group Health and Safety OHS measures and plan will be developed Contractor (EHS) Guidelines and relevant national legislation into site-specific before commencement of works at any of ESIA/ESMPs. These will include workplace safety measures including the sites. personal protective equipment, first aid measures, work site protection LMPs will be applied throughout Project measures, fire-fighting equipment, etc., labour camp facilities, accidents implementation. and emergency response measures, Project workers’ training to enhance awareness of possible risks, and protocols for local community safety. ESS 3: RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT 3|Page MATERIAL MEASURES AND ACTIONS TIME FRAME RESPONSIBILE ENTITY/AUTHORITY 3.1 RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND PMU MANAGEMENT: a. Relevant aspects of this standard will be considered, as needed, a. ESMPs will be developed as required under action 1.2 above, including, inter alia, measures to manage before the activity/ subproject is health care wastes, and other types of hazardous and non- commenced and will be implemented hazardous wastes. These measures will be incorporated, where throughout the subproject/ activity applicable, into the design of each activity/ subproject as implementation. applicable, and implemented through the ESMPs prepared under action 1.3 above. b. Energy and water efficiency measures b. While upgrading existing and/or constructing new healthcare will be carried out throughout the facilities, educational facilities and water and sanitation facilities, subproject implementation. the Recipient will ensure adoption of energy and water efficiency measures consistent with ESS3, as guided in the ESMF, and as per c. During screening, if significant Hazardous the national law, guidelines and policies and ensure proper Waste/ E-Waste issues are anticipated, a disposal of construction wastes. standalone Hazardous Waste/ E-Waste Management Plan will be prepared. c. Prepare, adopt, and implement, where relevant, a Hazardous Otherwise, hazardous waste / e-waste Waste/ E-Waste Management Plan, commonly as part of the management will be included as part of ESMP, to manage risks such as from batteries, health care wastes, the ESMPs. asbestos and e-waste etc. in a manner acceptable to the bank. d. The Hazardous Waste/ E-Waste Management Plan acceptable to the bank will be prepared before implementing a subproject/ activity. Once approved, the measures therein will be continued throughout the subproject/ activity implementation. ESS 4: COMMUNITY HEALTH AND SAFETY. 3|Page 4.1 COMMUNITY HEALTH AND SAFETY: Prior to subproject implementation (during Prepare, adopt, and implement measures and action to assess and preparation of ESMP or required PMU manage specific risks and impacts to the community arising from Project instrument). Implement the measures Subproject/ activity implementing entity. activities behavior of Project workers, risks of labor influx, and include throughout the subproject/ activity these measures in the ESMPs or other instrument to be prepared in implementation. accordance with the ESMF and relevant national laws, in a manner acceptable to the Bank. 4.2 GBV AND SEA RISKS: Prepare, adopt, and implement measures to Prior to subproject implementation. PMU manage risks of sexual exploitation and abuse and sexual harassment Implement measures throughout the Subproject/ activity implementing entity (SEA/SH) as part of ESMF preparation and include these in ESMPs. subproject/activity implementation. ESS 5: LAND ACQUISITION, RESTRICTIONS ON LAND USE AND INVOLUNTARY RESETTLEMENT 5.1 RESETTLEMENT POLICY FRAMEWORK: No land acquisition is expected Prior to project effectiveness. PMU as part of project implementation. However, a Resettlement Policy Framework (RPF) for the Project prepared in accordance with ESS5 and included in the ESMF will be adopted. 5.2 RESETTLEMENT PLANS: Where required, prepare, adopt, and If needed, prior to the approval of PMU implement Resettlement Action Plans (RAPs) for sub-projects consistent subprojects but before involuntary taking of Subproject/ activity implementing entity with the requirements of the RPF of the Project. land. ESS 6: BIODIVERSITY CONSERVATION AND SUSTAINABLE MANAGEMENT OF LIVING NATURAL RESOURCES 6.1 BIODIVERSITY RISKS AND IMPACTS: Not applicable for this project. ESS 7: INDIGENOUS PEOPLES/SUB-SAHARAN AFRICAN HISTORICALLY UNDERSERVED TRADITIONAL LOCAL COMMUNITIES 7.1 MEASURES FOR INDIGENOUS PEOPLES: Adopt, and implement an Prior to Project effectiveness and PMU Indigenous Peoples Planning Framework (IPPF) consistent with the throughout project implementation requirements of the ESS7 included in the ESMF. Where relevant, prepare, adopt, and implement Indigenous Peoples Plans (IPPs) for sub-projects consistent with the requirements of the IPPF of the Project. ESS 8: CULTURAL HERITAGE 8.1 CHANCE FINDS Before implementation a subproject/ PMU Adopt, and implement the chance finds procedure described in the activity and throughout subproject/ activity Implementing entity ESMF developed for the Project. implementation. contractor ESS 9: FINANCIAL INTERMEDIARIES Not relevant. No financial intermediary is involved in the Project. 3|Page ESS 10: STAKEHOLDER ENGAGEMENT AND INFORMATION DISCLOSURE 10.1 STAKEHOLDER ENGAGEMENT PLAN PREPARATION AND The SEP has already been prepared, which PMU IMPLEMENTATION needs to be disclosed. The SEP will be Consult, adopt and implement a Stakeholder Engagement Plan (SEP) maintained and implemented throughout consistent with ESS10, which includes measures to, inter alia, provide the Project implementation. stakeholders with timely, relevant, understandable and accessible information, and consult with them in a culturally appropriate manner, which is free of manipulation, interference, coercion, discrimination and intimidation, and undertake Beneficiary Satisfaction Survey twice during the Project lifecycle. 10.2 Organize consultations with project stakeholders, including vulnerable Prior to Project effectiveness. PMU or marginalized groups, or with representatives such as CSOs and community organization who can speak on their behalf, in the project area to inform them about the project objectives and activities, and to seek their concerns and feedback. Revise the SEP to address their concerns and comments as required 10.3 PROJECT GRIEVANCE MECHANISM: Thirty (30) days after Project effectiveness PMU Prepare, adopt, maintain, and operate a grievance mechanism, as and maintained throughout Project described in the SEP. implementation. CAPACITY SUPPORT (TRAINING) CS1 Training topics will among others include for construction workers and PMU operational personnel of Early Child Care Centers, upgrading Health During implementation Care Facilities. o Waste disposal and management o Labor practices o Occupational health and safety, community health and safety, sexual exploitation and abuse and sexual harassment (SEA/SH) o Issues related to indigenous peoples, poor and vulnerable groups Additional training will be identified during Project implementation. CS2 Provide environmental and social specialists at the local level or During Implementation PMU implementing entity as needed. 3|Page