Republic of Malawi, Ministry of Finance, Economic Planning and Development Malawi Watershed Services Improvement Project (P167860) ENVIRONMENTAL and SOCIAL COMMITMENT PLAN (ESCP) January 31, 2020 1|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 1. The Republic of Malawi, through its Ministry of Finance, Economic Planning and Development will implement the Malawi Watershed Services Improvement Project (the Project), with the involvement of the following Ministries: Ministry of Agriculture, Irrigation and Water Development and the Ministry of Natural Resources, Energy and Mining. The International Development Association] (hereinafter the Association) has agreed to provide financing for the Project. 2. The Republic of Malawi through its Ministry of Finance, Economic Planning and Development 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 Republic of Malawi through its Ministry of Finance, Economic Planning and Development will also comply with the provisions of any other E&S documents required under the ESF and referred to in this ESCP, such as Environmental and Social Management Framework (ESMF), Environmental and Social Management Plans (ESMP), Resettlement Policy Framework (RPF), Resettlement Plans (RP), , Labor Management Plan (LMP), Process Framework (PF), Dam Safety and Stakeholder Engagement Plans (SEP), and the timelines specified in those E&S documents. 4. The Republic of Malawi through its Ministry of Finance, Economic Planning and Development] is responsible for compliance with all requirements of the ESCP even when implementation of specific measures and actions is conducted by the Ministry, agency or unit referenced in 1. above. 5. Implementation of the material measures and actions set out in this ESCP will be monitored and reported to the Association by the Republic of Malawi through its Ministry of Finance, Economic Planning and Development as required by the ESCP and the conditions of the legal agreement, and the Association will monitor and assess progress and completion of the material measures and actions throughout implementation of the Project. 6. As agreed by the Association and the Republic of Malawi, 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 Republic of Malawi will agree to the changes with the Association 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 Association and the Republic of Malawi. The Republic of Malawi through its Ministry of Finance, Economic Planning and Development will promptly disclose the updated ESCP. 7. Where Project changes, unforeseen circumstances, or Project performance result in changes to the risks and impacts during Project implementation, the Republic of Malawi through its Ministry of Finance, Economic Planning and Development shall provide additional funds, if needed, to implement actions and measures to address such risks and impacts, which may include environmental, community and worker health and safety impacts, gender-based violence and land acquisition. 2|Page MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE COMPLETION DATE ENTITY/AUTHORITY MONITORING AND REPORTING A REGULAR REPORTING: Prepare and submit to the Association regular monitoring Quarterly reporting throughout Project The Ministry of Finance, reports on the environmental, social, health and safety implementation. Economic Planning and (ESHS) performance of the Project, including but not Development limited to the implementation of the ESCP, status of preparation and implementation of E&S documents required under the ESCP, stakeholder engagement activities, functioning of the grievance mechanism(s). B INCIDENTS AND ACCIDENTS: Promptly notify the Association of any incident or Notify the Association within 48 hours MoAIWD and accident related to the Project which has, or is likely to after learning of the incident or accident. MoNREM have, a significant adverse effect on the environment, the A report would be provided within a affected communities, the public or workers including timeframe acceptable to the Association, injuries requiring off-site medical attention, mistreatment as requested. Maintained throughout of communities, incidents of GBV/SEA, damage to natural Project implementation. habitats, damage to physical cultural resources. Provide sufficient detail regarding the incident or accident, indicating 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 Association’s request, prepare a report on the incident or accident and propose any measures to prevent its recurrence. ESS 1: ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS 1.1 ORGANIZATIONAL STRUCTURE: Establish and maintain an organizational structure with The organizational structure, including the MoAIWD and qualified staff and resources to support management of environment and social specialists are to MoNREM E&S risks including as a minimum one Environmental be in place by effectiveness, and should be Specialist and one Social Specialist in the Project maintained throughout Project Implementation Unit (PIU). implementation 3|Page MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE COMPLETION DATE ENTITY/AUTHORITY 1.2 ENVIRONMENTAL AND SOCIAL ASSESSMENT: Update, adopt, and implement, the Environmental and Environmental and Social Assessment MoAIWD and Social Management Framework that has been prepared process for subprojects will be done during MoNREM as part of the Project, and prepare and implement subprojects planning. subproject Environmental and Social Management Plans or other necessary instruments, with the scope based on Implementation of the mitigation the anticipated risks in a manner acceptable to the measures contained in the ESMF should Association. continue throughout the Project implementation. Where new information requires the ESMF to be revised the revised document disclosed. 1.3 MANAGEMENT TOOLS AND INSTRUMENTS: Screen any proposed subproject in accordance with the Instruments submitted for the MoAIWD and necessary instruments such as Environmental and Social Association’s approval before launching MoNREM Impact Assessment (ESIA), Environmental and Social the bidding process where contractors are Management Framework (ESMF), Dam Safety Plan involved, or before commencing any prepared for the Project. community works for the respective subproject. Once prepared, tools and Draft, adopt, and implement the necessary subproject instruments apply throughout Project instruments such as Environmental and Social Impact implementation. Assessment (ESIA), Environmental and Social Management Plan (ESMP, Dam Safety Plan) for sub- projects, as specified in the ESMF, in a manner acceptable to the Association. 1.4 MANAGEMENT OF CONTRACTORS: Incorporate the relevant aspects of the ESMF, including Prior to the preparation of procurement MoAIWD and the relevant E&S documents and/or plans, and the Labor documents. MoNREM Management Procedures, into the ESHS specifications of the procurement documents with contractors. Thereafter Supervise contractors throughout Project ensure that the contractors comply with the ESHS implementation. Reporting on compliance specifications of their respective contracts. Ensure to be continued throughout project contractors comply with specifications in the LMP, Code implementation. of conduct and ESMP, and other relevant instruments in their respective contracts. ESS 2: LABOR AND WORKING CONDITIONS 4|Page MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE COMPLETION DATE ENTITY/AUTHORITY 2.1 LABOR MANAGEMENT PROCEDURES: Update, adopt, and implement the Labor Management Labor Management Procedures have been MoAIWD and Procedures (LMP) that have been developed for the developed and will be maintained MoNREM Project covering Community Volunteers, Contracted throughout Project implementation. Workers, Short Term Consultants and Direct Project Workers. Workers documents at the start of Terms and conditions of employment prepared, employment documented and provided to each worker. Contractors documents on award of Contractor’s/sub-contractor’s labor management policies contract and before commencement of will be developed works. 2.2 GRIEVANCE MECHANISM FOR PROJECT WORKERS: Establish, maintain, and operate a grievance mechanism Worker grievance mechanism operational MoAIWD and for Project workers, as described in the LMP and consistent prior to engaging Project workers and MoNREM, Contractors with ESS2. maintained throughout Project works. 2.3 OCCUPATIONAL HEALTH AND SAFETY (OHS) MEASURES: Prepare, adopt, and implement occupational, health and OHS measures operational prior to MoAIWD and safety (OHS) measures specified in the ESMP, LMP or other engaging Project workers and maintained MoNREM, Contractors necessary instruments. throughout Project implementation. Site specific Risk Assessments to be Site Specific risk assessments to be carried out and completed prior to commencement of preventative action and mitigation measures to be work under the same timeframe as for the developed in ESMP or other necessary instruments. preparation and implementation of the ESMPs or other necessary instruments but before subproject commencement. ESS 3: RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT 3.1 INTEGRATED PEST MANAGEMENT PLAN: If necessary, prepare, adopt, and implement a Pest Same timeframe as that of the MoAIWD and Management Plan where the use of pesticides or preparation and implementation of the MoNREM chemicals are considered necessary within the climate ESMPs or other necessary instruments but smart agriculture and livelihoods activities as part of the before subproject commencement. sub-project ESMP or other necessary instruments. 5|Page MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE COMPLETION DATE ENTITY/AUTHORITY 3.2 RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT: Resource efficiency and pollution prevention and Same timeframe as that of the MoAIWD and management measures for each sub-project will be preparation and implementation of the MoNREM covered under the ESMP or other necessary instruments ESMPs or other necessary instruments but to be prepared. this will also include dust control and air before subproject commencement quality issues resulting from construction. All impacts will have mitigation measures in the ESMP or other necessary instruments. Plans to be developed for excavated materials and its disposal, if necessary, for all construction work and restore all sites (where relevant). ESS 4: COMMUNITY HEALTH AND SAFETY 4.1 COMMUNITY HEALTH AND SAFETY: Prepare, adopt, and implement measures and actions to Same timeframe as that of the MoAIWD and assess and manage specific risks and impacts to the preparation and implementation of the MoNREM community arising from Project activities, including, inter ESMPs or other necessary instruments but alia, behavior of Project workers, worker sanitation before subproject commencement. arrangements, response to emergency situations, traffic safety management, and include these measures in the ESMPs or other necessary instruments to be prepared in accordance with the ESMF, in a manner acceptable to the Association. 4.2 DAM SAFETY: Engage experienced and competent profesisionanls for Before commencement of any sub-project MoAIWD the design and construction supervision of dams involving dams supported under the project Prepare and adopt operational procedures (including Six months prior to the start of the initial emergency preparedness) for all dams constructed or filling of the dam reservoir MoAIWD rehabilitated under the project 6|Page 4.3 GBV AND SEXUAL EXPLOITATION AND ABUSE RISKS: Develop a costed Labor Influx Management Plan/GBV The plan will be reviewed bi-annually and MoAIWD and Action plan as part of the ESMPs to be prepared in updated annually by the respective project MoNREM accordance with the ESMF, in a manner acceptable to the implementing entities Association with actions to assess and manage the risks of gender-based violence (GBV) and sexual exploitation and abuse (SEA). Carry out regular community sensitization and awareness Same timeframe as that of the among target communities in accordance with the SEP preparation and implementation of the about forms of GBV and SEA, dangers, preventive ESMPs or other necessary instruments but measures and mitigation measures. before subproject commencement. ESS 5: LAND ACQUISITION, RESTRICTIONS ON LAND USE AND INVOLUNTARY RESETTLEMENT 5.1 RESETTLEMENT PLANS: Prepare, adopt, and implement resettlement plans (RPs) Resettlement Plans submitted for the MoAIWD and in accordance with ESS 5 and consistent with the Association approval and implemented MoNREM requirements of the Resettlement Policy Framework fully prior to commencement of any works (RPF) that has been prepared for the Project using the in the subproject. methods for land acquisition as described within the RPF, before carrying out the associated activities, in a manner acceptable to the Association. Budget for resettlement to provided by GoM. 5.2 GRIEVANCE REDRESS MECHANISM: The grievance mechanism to address resettlement GRM to be in place before RAP MoAIWD and related complaints is described in the RPF and SEP. The implementation. MoNREM Project GM will be used to address resettlement related Implementation of GRM should continue complaints and issues. Specific Resettlement Plans will throughout resettlement implementation. describe this GM as will be applicable. ESS 6: BIODIVERSITY CONSERVATION AND SUSTAINABLE MANAGEMENT OF LIVING NATURAL RESOURCES 6.1 BIODIVERSITY RISKS AND IMPACTS: Screening for biodiversity and living natural resources Same timeframe as that for the MoAIWD and risks will be carried out at sub-project level. Biodiversity preparation and implementation of the MoNREM conservation and sustainable management of living ESMPs or other necessary instruments but natural resources measures for each sub-project will be before subproject commencement. covered under the ESMP or other necessary instruments to be prepared. 7|Page ESS 8: CULTURAL HERITAGE 8.1 CHANCE FINDS: Prepare, adopt, and implement the chance finds Same timeframe as that for the MoAIWD and procedure described in the ESMF developed for the preparation and implementation of the MoNREM Project. Screening of sub-project sites and necessary ESMPs or other necessary instruments but measures for each sub-project will be covered under the before subproject commencement. ESMP or other necessary instruments to be prepared. ESS 10: STAKEHOLDER ENGAGEMENT AND INFORMATION DISCLOSURE 10.1 STAKEHOLDER ENGAGEMENT PLAN PREPARATION AND IMPLEMENTATION: Update, adopt, and implement Stakeholder Engagement Implementation of the measures MoAIWD and Plan (SEP). contained in the disclosed SEP should MoNREM continue throughout the Project implementation. 10.2 PROJECT GRIEVANCE MECHANISM: Prepare, adopt, maintain and operate a project grievance Same timeframe as that of the MoAIWD and mechanism, as described in the SEP and as in the RPF. preparation and disclosure of the SEP. MoNREM Project GRM operational before commencement of any sub-project implementation. Implementation of GRM will continue throughout Project implementation. CAPACITY SUPPORT (TRAINING) CS1 Carry out assessment of environmental and social Within 3 months of project effectiveness. MoAIWD and capacity building needs. MoNREM Prepare and implement training program to strengthen Plan developed 1 month after project stakeholder capacity in coordinating, planning, effectiveness and continue throughout implementing and monitoring environmental and social project implementation. issues. 8|Page