INTEGRATED CITIES AND URBAN DEVELOPMENT PROJECT (ICUD) ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) June 2016 First Amendment: December 2020 The ESMF is prepared and has been updated by Municipal Development and Lending Fund (MDLF) as the implementing agency of the ICUD project and accepted by Ministry of Local Government Table of Contents Executive Summary.................................................................................................................................................. 6 1 Project Description ......................................................................................................................................... 10 Preface ..................................................................................................................................................... 10 Project Development Objective ............................................................................................................... 10 Project Components ................................................................................................................................. 11 2 Environmental Policy, Legal Framework and Institutional Arrangements ..................................................... 12 Environmental Policy and Legal Framework .......................................................................................... 12 2.1.1 Palestinian Environmental Laws ..................................................................................................... 12 2.1.2 Palestinian Environmental Assessment Policy ................................................................................ 13 2.1.3 Laws and Regulations Relating to Environmental Management .................................................... 14 2.1.4 World Bank Safeguard Policies ....................................................................................................... 15 2.1.5 Gap Analysis ................................................................................................................................... 17 Institutional and Implementation Arrangements ..................................................................................... 18 2.2.1 MDLF / MOLG / LGU Roles and Responsibilities ......................................................................... 19 2.2.2 Potential Role of Other Ministries ................................................................................................... 20 3 Environmental and Social Management Framework ...................................................................................... 20 Introduction ............................................................................................................................................. 20 Project Operations Manual – Environmental and Social Section ............................................................ 21 Screening Criteria .................................................................................................................................... 21 3.3.1 Screening of Subproject Categories ................................................................................................ 21 3.3.2 Cultural Heritage and Physical Cultural Resources ......................................................................... 21 3.3.3 Pest Management ............................................................................................................................. 22 3.3.4 Involuntary Resettlement ................................................................................................................. 22 3.3.5 Voluntary Land Donation ................................................................................................................ 22 3.3.6 Subproject Screening and Approval ................................................................................................ 23 3.3.7 ICUD ESMP Implementation and Monitoring ................................................................................ 30 4 Environmental and Social Assessment and Preparation of ESMP ................................................................. 30 Introduction ............................................................................................................................................. 30 2 Environmental and Social Risk Assessment ............................................................................................... 36 Voluntary Land Donation and Willing Seller – Willing Buyer Approach .................................................. 36 5 Public Consultation and Complaints Mechanism ........................................................................................... 37 Laws and Regulations relating to Community Participation ................................................................... 37 Environmental and Social Consultations ................................................................................................. 38 Grievance Redress Mechanism (GRM) ................................................................................................... 39 5.3.1 Complaints Mechanism ................................................................................................................... 40 5.3.2 Complaints Manual ......................................................................................................................... 40 5.3.3 Workers’ Grievance Mechanism ..................................................................................................... 42 5.3.4 Code of Conduct and SEA/SH Measures......................................................................................... 42 6 Capacity Building, Training Program, and Environmental and Social Monitoring ........................................ 42 Capacity Building and Training Requirements ....................................................................................... 42 ICUD Environmental and Social Safeguards Reporting ......................................................................... 43 Environmental and Social Auditing and Monitoring............................................................................... 44 Environmental and Social Cost Implication and Schedule ...................................................................... 44 7 Annexes ........................................................................................................................................................... 46 Annex 1: Environmental and Social Management and Monitoring Plan Matrix .................................... 47 Annex 2: Pilot Projects Overview ...…………........................................................................................ 52 Annex 3: ICUD Public Consultations……………………...................................................................... 55 Annex 4: Sample Outline of Environmental and Social Management Plan ............................................ 71 Annex 5: Recommended Resettlement Policy Framework (RPF) Contents ........................................... 72 Annex 6: Chance Find Procedures ......................................................................................................... 76 Annex 7: Sample Environmental Requirements for Contractors ............................................................ 78 7.8 Annex 8: Technical Note: Public Consultations and Stakeholder Engagement in WB-supported operations when there are constraints on conducting public meetings ……………………...………….92 7.9 Annex 9: Project’s GRM Manual ..………………….………………………………………………….96 7.10 Annex 10: Labor Laws, Regulations and Policies …………………………………………………….. 7.11 Annex 11: Stakeholder Engagement Plan ……………………………………………………………..105 List of Tables Table 1: World Bank Safeguard Policies and Core Requirements for each Policy ................................................ 16 Table 2: Environmental Screening and Classification of Projects ......................................................................... 24 Table 3: Social and Cultural Resource Screening of Subprojects .......................................................................... 28 Table 4: Environmental and Social Management Checklist for Small Construction and Rehabilitation sub-projects.. 29 Table 5: Potential Environmental and Social Impacts ........................................................................................... 32 Table 6: ICUD ESMF Indicative Costing .............................................................................................................. 44 3 List of Acronyms AMAL Affordable Mortgage and Loan Corporation BOQs Bill of Quantities DPs Development Partners EA Environmental Assessment EAU Environmental Auditing EHSG Environmental Health and Safety Guidelines EIA Environmental Impact Assessment EO Environmental Officer EoI Expression of Interest EQA Environmental Quality Authority ESIA Environmental and Social Impact Assessment ESMC Environmental and Social Management Checklist ESMF Environmental and Social Management Framework ESMPs Environmental and Social Management Plans FforJ Finance For Jobs project FI Financial Intermediary GS Gaza Strip HSE Health, Safety, and Environment HSE-MP HSE Management Plan ICUD Integrated Cities and Urban Development IEE Initial Environmental Examination IFC International Finance Corporation ISO International Organization for Standardization JSC Joint Services Council LC Local Coordinator LG Local Governance LGSIP Local Governance and Services Improvement Program LGU Local Government Unit MDLF Municipal Development and Lending Fund MDP Municipal Development Program 4 MEnA Ministry of Environmental Affairs MoLG Ministry of Local Government OHSAS Occupational Health & Safety Advisory Services OP/BP Operational Policy / Bank Procedures PA Palestinian Authority PAD Project Appraisal Document PDO Project Development Objective PEAP Palestinian Environmental Assessment Policy PEL Palestinian Environmental Law POM/OM Project Operational Manual/ Operational Manual RAB Ramallah-Al Bireh-Beitounia RPF Resettlement Policy Framework SDIP Strategic Development and Investment Planning SESA Strategic Environmental and Social Assessment SEA/SH Sexual Exploitation and Abuse and Sexual Harassment. SO Social Officer TA Technical Assistance TORs Terms of Reference VC Village Councils VLDs Voluntary Land Donations WB World Bank 5 Executive Summary Background: The report outlines the Environmental and Social Management Framework (ESMF) prepared for the Palestinian Integrated Cities Urban Development (ICUD) with the support of the World Bank. ICUD will complement parallel urban and local government operations under the World Bank’s programmatic approach and would address the specific constraints of urban agglomerations to extend basic services to their rapidly growing population, facilitate integrated planning and economic development. The MDP has the long-term objective of achieving municipal fiscal stability and creditworthiness. A Local Governance and Services Improvement Program (LGSIP) complements the MDP by providing annual capital grants and institutional development support to selected Village Councils (VCs), Joint Service Councils (JSCs), and central authorities to strengthen the LG financing system and improve local service delivery. The LGSIP supports LG sector consolidation with the long-term objective of establishing viable local authorities capable of accessing funding under MDP and provides an integrated framework for interventions supporting marginalized communities in Palestine. Interventions in the LG sector are complemented by IFC operations targeting the private sector. The ongoing Finance-for-Jobs (FforJ) Project series supports private sector stakeholders to mobilize private investment financing in high potential sectors and generate job opportunities for the West Bank and Gaza. Specifically, the ICUD project development objective (PDO) is “to assist participating urban areas to enhance their capacity to plan for sustainable urban growth.” The ICUD will be implemented in two distinctive components: Component 1: Planning for Sustainable Urban Growth: This component will strengthen the institutional and technical capacity of participating urban areas to plan for sustainable urban growth through the provision of Technical Assistance (TA), goods, and trainings. Additionally, works will be added under this component for pilot projects under the project restructuring. Pilot projects will be designed and implemented in each of the five selected urban areas in West Bank and Gaza Strip (Ramallah and Al-Bireh, Nablus, Gaza, Bethlehem, and Hebron). The ICUD project will not finance activities that entail involuntary taking of land. The proposed activities will be on public land that is not used or occupied Component 2: Project Implementation Support and Management: This component finances goods and consultancy services for technical oversight, monitoring and evaluation, public outreach and communication, and the management fee of the Municipal Development and Lending Fund (MDLF). ESMF Objectives and Monitoring: The purpose of this ESMF is to ensure that environmental and social management is integrated into the entire development cycle of the ICUD. The sections below highlight the mitigation process at respective levels of the development cycle. This ESMF is intended to serve as a practical tool to guide identification and mitigation of potential environmental and social impacts of future investments. 6 This ESMF has been prepared in compliance with the World Bank’s Safeguard Policies and the Palestinian Environmental Assessment Policy (PEAP) both of which require environmental and social assessment prior to any investment. The ESMF structure recognizes all WB safeguard policies relevant to social and environmental management and has also factored and duly recognized all sectoral laws with bearing to environmental and social management and planning in Palestine. The ESMF includes measures to mitigate risks of SEA/SH and labor issues including guidelines for the establishment of a functioning grievance mechanism for project’s workers. The projec t’s level GM will include specific procedures for SEA/SH including confidential reporting and ethical documentation of GBV cases. Information about the existence of the GBV grievance mechanism and of channels to accept and respond to anonymous grievances will be communicated to all stakeholders during engagement activities. The project will ensure the avoidance of any form of SEA/SH of affected people and community members at large by relying on the provisions of labor law and the World Bank guidelines on the mitigation of Sexual Exploitation and Abuse such as the signing of enforceable workers’ codes of conduct. In addition to the ESMF, all project activities shall be subjected to environmental and social screening and site- specific ESMPs that will be developed, reviewed and approved by the Ministry of Local Government (MoLG), prior to submission to the Municipal Development and Lending Fund (MDLF) and World Bank. As well, all project activities shall comply with the provisions included in the ESMF on the health and safety of workers and workers’ rights such as coverage under a valid insurance, provision of proper PPE, and provision of a safe environment for work. Children under 18 years old will not be accepted to work in any of the pilot projects. Workers also need to be oriented before the start the work. Code of Conduct shall be written in local language; Codes of Conducts and provisions related to SEA/SH shall be incorporated into the bidding documents. Hence, measures regarding to COVID 19 situation should be followed and complied according to the MoH/WHO guidelines (ANNEX 7 appendix 1). The preparation of the ESMF was by desktop and field research methods, whereby project planning documents were reviewed to provide an insight into the scope, design and motivation of the program. This was complemented by on-the ground observations and consultations with target municipalities. This ESMF is a guide to the preparation of site-specific ESMPs on anticipated subprojects that would form part of the ICUD. The site-specific ESMPs would have to be shared with and disclosed to key stakeholders of the ICUD prior to a project being implemented. The aim of the disclosure is to create a forum for revalidating the ESMP and to further secure ownership of whatever development process from various stakeholders. Upon receipt of feedback from the disclosure, the site-specific ESMPs would be disclosed locally in appropriate languages in print media and on the MoLG website and later on at the World Bank’s Infoshop to ensure awareness is raised of the project prior to its implementation to all relevant stakeholders and they are provided an opportunity to provide input if they wish to do so. ESMF Application: The ESMF will apply to two components of the ICUD. From the social safeguards’ perspective, it is important to note that the ICUD will not finance activities that entail involuntary taking of land. It finances plans/studies and works that do not entail involuntary taking of land. With respect to livelihoods, the project will consider appropriate approaches to minimalize the impacts of the works on the affected communities and people. To this end, the construction activities will be scheduled on optimal hours in order to have the least impact on the people and livelihoods. Given there will not be any involuntary taking of land the World Bank Policy on Involuntary Resettlement, OP 4.12, will not apply to ICUD and the pilot projects. In the case of voluntary land donation or willing buyer/seller the ESMF details the needed documentation, as required under the ESF, for such cases such as 7 power of choice. Consultations will be done for each pilot project as part of the individual ESMPs. Through these consultations affected businesses and people will be informed about the proposed activities and potential impacts (e.g. construction and works). The consultations for the ESMPs will also inform the affected businesses and people of the project GRM. (i) ESMP Procedure for Screening This ESMF requires that each investment proposed for funding under the ICUD be screened for social, environmental and displacement impacts using the Screening Checklist, as provided in Tables 2 and 3 of the ESMF. The screening will take place at the feasibility stage and will among other outcomes, determine applicability of both World Bank Safeguard Policies and statutes following which TORs for follow-up ESMP studies will be developed. Relevant Palestinian environmental and social laws and the World Bank safeguard policies will guide follow-up ESMP studies. Screening and follow-up ESMP studies will yield an Environmental and Social Management Plan (ESMP), which will be reviewed and approved by the Ministry of Local Government (MoLG), prior to submission to the Municipal Development and Lending Fund (MDLF) and World Bank. Upon approval by MDLF and World Bank, the Environmental and Social Management Plan (ESMP) will guide resolution of all potential environmental and social impacts likely to be identified for each investment. (ii) ICUD Procedure for Environmental and Social Management: Impact mitigation will take place as part of the development cycle for individual investments. The design stage is crucial as the point where all mitigation activity is planned and resources allocated. Participating municipalities will therefore take charge and supervise activities and will ensure that contracts for design works bear clauses requiring contractors to plan for and allocate resources for impact mitigation. As part of the design process, municipalities will ensure that respective ESMPs are integrated wholly into design reports, allocated funds in the Bill of Quantities (BOQs) and covered in the contracts for both construction and supervision. Upon execution of the requisite environmental and social studies in respect of individual investments, associated ESMPs will be integrated into project Design Reports and allocated funding in the BOQs. The ESMP will also be integrated into all forms of civil works contracts to secure implementation of impact mitigation as part of project implementation. Mitigation at every stage of the ICUD will take place as part of the contracts for impact-inducing activities which will therefore bear clauses binding respective contractors to undertake impact mitigation as per the Design Report. Municipalities in their capacity as employers will monitor activities of contractors to ensure delivery as per contracts. During project activities, an Environmental and social consultant(s) will attend site meetings to pursue matters related to environmental management. (iii) ICUD Responsibilities for Environmental and Social Management The implementation responsibility of ICUD will be with MDLF, with close cooperation and coordination with MoLG and the participating/eligible municipalities. The MDLF already has a qualified core team, including an Environmental Officer (EO) and a Social Officer (SO). These specialists will follow up the implementation of the ESMF and the potentially associated ESMPs. Both the ongoing MDP-III and the ICUD would further develop such capacity for financing training to MDLF environmental 8 and social officers who would be responsible for reviewing, advising and reporting on environmental and social issues. The entire environmental and social management will be built into the sub-project development cycle, whereby activities will take place within a work-plan. Further, this ESMF has determined the responsibility for environmental and social management to vest with all stakeholders to the ICUD. Specifically, the benefiting local governments are liable to plan, implement and supervise environmental mitigation at every project phase of the investments, with oversight supervision from the MoLG and MDLF. The ESMF has been prepared in order to assist LGUs and MOLG to implement the project in compliance with national and international environmental and social policies. It is proposed that as the TA to be developed in ICUD is further delineated and funded, each participating local government unit (LGU) will be required to establish (where they are not in existence) the positions of Environmental Officer (EO) and Social Development Officer (SDO), who will manage and follow-up on environmental and social management of ICUD-prepared investments at local authority level. MDLF’s role will then be to monitor and audit LGUs’ and MOLG’s responsiveness and compliance. A consulting firm will be assigned to carry out the design assignment of five pilot projects in West Bank and Gaza Strip the scope of work will also include projects’ screening and preparation of ESMPs, and technical, environmental, and social supervision. The consultant team will also include an Environmental Expert who will coordinate with MDLF, targeted municipalities and MoLG during the different stages (Design and implementation). In addition, LGUs and MOLG are expected to coordinate with all related line ministries, especially the Environmental Quality Authority. This will further be delineated in each of the ICUD TA studies as appropriate. (iv) ESMF Monitoring Monitoring of environmental management for individual investments are based on respective site-specific ESMPs. However, each investment will be subject to annual environmental audits. As investments are not to occur in ICUD, the ESMPs are expected to be developed in parallel with potential project investment technical studies. (v) ESMF Cost Implications Total financial implication for implementing the ICUD ESMF is estimated at $100,000. This is to cater for ESMP studies as well as MDLF staff time and capacity building costs. However, as at the time of finalizing this ESMF document, individual investments are still undergoing identification and their environmental and social impacts largely remain unknown. The cost for the ESMP studies as proposed are purely indicative and might change as the details of investments unfolds. (vi) Time frame of the ESMF This ESMF will come into effect upon endorsement by MoLG and will remain valid during planning, design, construction and operation of proposed investments. The ESMF will require periodic updating in view of emerging experiences during planning, design construction and operation stages or due to any changes in Palestinian laws etc. ESMF Public Consultation: Public consultation session conducted on April 26, 2016 in order to gain feedback of project stakeholders over the ESMF drafted by MDLF. Annexes 2 and 3 of the main ESMF detail the minutes and the participants of this session. Major points raised by the participants included: questions about procedures, the LGU role, and refugee camp inclusion; need for coordination with EQA; as well as need for ministerial coordination as part of regional planning committees. Also, Other major points were raised to be taken into consideration during all stages such as 9 compatibility of any plans or activities with the needs of persons with disabilities, and making sure to let them participate in any consultations. Participants noted their willingness to introduce environmental and social criteria into planning. The site-specific ESMPs that will be prepared for the subprojects will address the concerns that raised in the consultations, before disclosure in Arabic and English on MoLG and MDLF websites. The second round of consultations were conducted in October, November and December 2020; five consultation sessions were carried out separately in each urban area. Different stakeholders were invited to represent governmental organizations, local government (LGUs), NGOs (women, youth, people with disabilities), private sector, community representatives …etc. The consultations generally discussed (i) the update of the ICUD project; (ii) generally the pilot projects design and the corresponding environmental and social aspects during the Implementation of each sub-project; and (iii) the GRM manual which provides accessible channels for submitting a complaint, and the process of follow up and responding to the complainant within a specific timeframe. Consultation sessions were conducted in compliance with the WB Covd-19 note on “Public Consultations and Stakeholder Engagement in WB-supported operations when there are constraints on conducting public meetings”. 10 1 Project Description Preface The World Bank, in partnership with other Development Partners (DPs), has been providing institutional, policy, and investment support through an integrated and programmatic approach to the Palestinian Local Government (LG) sector. The Municipal Development Program (MDP) provides performance-based investment grants and capacity building for individual municipalities to implement reforms and improve municipal management. MDP has the long-term objective to achieve municipal fiscal stability and creditworthiness. The ongoing Local Governance and Services Improvement Program (LGSIP) complements MDP by providing annual capital grants and institutional development support to selected Village Councils (VCs), Joint Service Councils (JSCs), and central authorities to strengthen the LG financing system and improve local service delivery. LGSIP supports LG sector consolidation with the long-term objective of establishing viable local authorities capable to access funding under MDP and provides an integrated framework for interventions supporting marginalized communities in Palestine. The proposed ICUD complements both operations under the World Bank’s programmatic approach and would addresses the specific constraints of urban agglomerations to extend basic services to their rapidly growing population and facilitate economic development in collaboration with the private sector. Interventions in the LG sector are complemented by World Bank Group operations targeting the private sector. The ongoing Finance-for- Jobs (FforJ) Project series supports private sector stakeholders to mobilize private investment financing in high potential sectors and generate job opportunities for the West Bank and Gaza. IFC has helped to establish a program for affordable home loans to lower- and middle-income Palestinians through the Affordable Mortgage and Loan Corporation (AMAL). However, a gap and emerging need remain to provide the leading urban areas with tailored support to improve effective urban growth management. This is a key priority for unleashing socio-economic potential of the important urban centers of Palestine. To proceed with the preparation of any project under the Category B of the World Bank, it is necessary to prepare an environmental assessment instrument such as the Environmental and Social Management Framework (ESMF). This is for the purposes of implementing the World Bank supported components of the Integrated Cities and Urban Development (ICUD) project in compliance with the national and local policies and regulations as well as the World Bank safeguard policies and procedures. The ESMF covers environmental and social aspects of the planning phase, and form a background document to prepare site-specific Environmental and Social Management Plans (ESMP) for future subprojects under the ICUD. Although the ICUD also finances works, but it should not entail involuntary taking of land; thus, there will be no anticipated land acquisition to be as part of this project or added at a later stage to this Project. With respect to livelihoods, the project will consider appropriate approaches to minimalize the impacts of the works on the affected communities and people. To this end, the construction activities will be scheduled on optimal hours in order to have the least impact on the people and livelihoods. Given there will not be any involuntary taking of land the World Bank Policy on Involuntary Resettlement, OP 4.12, will not apply to ICUD and the pilot projects. In the case of voluntary land donation or willing buyer/seller the ESMF details the needed documentation, as required under the ESF, for such cases such as power of choice. Studies as part of this project on urban space may cover private and public land. However, this project will not recommend, endorse, or facilitate future pipeline investments that are on private land, as well as the municipally owned land that has squatters/ users of the land for livelihoods. Because studies might lead to expropriation beyond the time of World Bank involvement, a Recommended Resettlement Policy Framework (RPF) ToR is attached as Annex 5 to this ESMF, to provide guidance on any potential involuntary land acquisition after the lifetime of this project. The ESMF details the documentation of power of choice in the event of willing-seller/willing-buyer and voluntary land donations (VLD). Project Development Objective The proposed PDO is to assist participating urban areas to enhance their capacity to plan for sustainable urban growth. 11 Project Components Component 1: Planning for Sustainable Urban Growth. This component strengthens the institutional and technical capacity of participating urban areas to plan for sustainable urban growth through, inter alia, the provision of Technical Assistance (TA), goods, and trainings, finances plans/studies and works that do not entail involuntary taking of land. To ensure a robust process of collaboration among member LGUs of the participating urban areas and their strong ownership and commitment, this component will first facilitate intra-urban area coordination mechanisms to be operational in all of the participating urban areas. Through the intra-urban area coordination mechanisms, each urban area will be supported to jointly conduct urban growth planning which will enable them to respond to the needs of their growing population and private sector with more sustainably and efficiently planned urban spaces and infrastructure. This component will provide the respective urban area with a substantiated urban growth planning roadmap and equip them with, inter alia, the necessary information, tools, and analysis to apply and utilize it. The roadmap will include following steps: (i) development of Urban Growth Footprint per urban area that includes spatial data on population, economic sector and labor force composition, development patterns and density, housing, connectivity and infrastructure, public and environmental/ecological spaces, and disaster risk preparedness; (ii) development of growth vision and scenarios with cost-analysis per growth location and pattern, followed by their public disclosure; (iii) adjustment of spatial and urban plans at individual LGU level and/or development of the expansion area plans based on the chosen growth scenario and vision for the greater urban area. While the urban growth planning exercises are progressing over the course of the project life by participating urban areas, it is likely that opportunities for quick wins to improve urban space management and services will be identified. Accordingly, this component will provide the urban areas with, inter alia, TAs, goods, and trainings, to materialize the opportunities so that the momentum and ownership for the longer-term urban growth planning exercise will be continually encouraged and maintained. The support will be demand-driven, may include, for example, trainings on land value capture instruments for densification and/or a TA to develop mini-bus timetables, and suggested routes to ease traffic congestion and enhance predictability of public transportation. Under Component one, five pilot projects will be designed and implemented in each of the five selected urban areas in West Bank and Gaza Strip. The proposed activities will be on public land that is not used or occupied. The five agreed sub-projects are listed as the following, and more details are presented in ANNEX (2). A. Gaza City Central Park B. Hebron Complete Streets (Light Traffic-Junction Management and Street Redevelopment) C. Ramallah-Al-Bireh Pedestrian Friendly Areas. D. Nablus Urban Area Bus Infrastructure. E. Bethlehem Cardboard and Paper Sorting Facility Component 2: Project Implementation Support and Management Cost. This component finances goods and consultancy services for technical oversight, monitoring and evaluation, public outreach and communication, and the management fee of the Municipal Development and Lending Fund (MDLF). 12 2 Policy, Legal and regulatory Framework Environmental Policy, and Legal Framework and Institutional Arrangements The project will comply with all applicable Palestinian laws, policies and regulations that correlate the project planning, implementation and operations to environmental and social standards, as well as the applicable World Bank safeguard policies and relevant ratified international laws and treaties. The Palestinian Authority (PA) administers its affairs in accordance with relevant ordinances and legislation applicable respectively to the Gaza Strip (GS) and the West Bank. The laws and ordinances applicable to the GS and West Bank before 1967 were adopted into the PA legal regime as Decision No. 1 of the Elected Palestinian Council on 20 May 1994. The decision provided that “The laws, regulations and orders which were in force prior to 5 June 1967 in the West Bank and Gaza Strip shall remain in force until unified.” The Prime Minister and Ministers of Interior, Justice, and Finance have the authority to enact the provisions of the laws. Additional Presidential decrees since June 2007 have provided the President with authority that would normally belong to the various Ministers. However, the Office of the President has delegated the authority to the respective Ministers appointed as part of the “emergency government.” 2.1.1 Palestinian Environmental Laws The Palestinian environmental legal and administrative framework has taken strides towards protecting environmental resources and institutionalizing their sustainable management. The Palestinian Environment Law (PEL) is comprehensive, covering the main issues relevant to environmental protection and law enforcement. Among the objectives of the PEL are: • Protecting the environment from all sorts and types of pollution; • Protecting public health and social welfare; Incorporating environmental resources protection in all social and economic development plans and promote sustainable development to protect the rights of future generations; • Conserving ecologically sensitive areas, protecting biodiversity, and rehabilitating environmentally damaged areas; • Setting inter-ministerial cooperation regulations and standards various environmental protection areas and jurisdictions; and • Promoting environmental information collection and publication, public awareness, education and training. The PEL addresses various environmental issues including: • Management and protection of various resources. Issues covered are related to land environment, air environment, water resources and aquatic environment, natural, archeological, and historical heritage protection; • Environmental Impact Assessment (EIA) and auditing, permitting of development projects, monitoring of environmental resources and their parameters; as well as • Penalties to be applied in case of violation of any article presented under the law. Other issues addressed by the legislation include emergency preparedness, public participation, research training and public education. The PEL of 1999 has stated in article 45, “The Ministry, in coordination with the competent agencies, shall set standards to determine which projects and fields shall be subject to the environmental impact assessment studies. It shall also prepare lists of these projects and set the rules and procedures of the environmental impact assessment”. Article 47 of the PEL states that: “The Ministry, in coordination with the competent agencies, shall determine the activities and projects that have to obtain an environmental approval before being licensed. This includes the projects that are allowed to be established in the restricted areas”. 13 2.1.2 Palestinian Environmental Assessment Policy The Palestinian Ministerial Council approves the Palestinian Environmental Assessment Policy (PEAP), through resolution No: 27-23/4/2000. This Policy shall be interpreted and implemented to support the sustainable economic and social development of the Palestinian people in meeting the following goals: • Ensuring an adequate standard of life in all its aspects, and not negatively affecting the basic needs, and the social, cultural and historical values of people as a result of development activities; • Preserving the capacity of the natural environment to clean and sustain it; • Conserving biodiversity, landscapes and the sustainable use of natural resources; and • Avoiding irreversible environmental damage, and minimizing reversible environmental damage, from development activities. According to the PEAP, the documents that represent sequential stages in the project life cycle and the Environmental Approval (EA) process are Application for Environmental Approval; Initial Environmental Evaluation (IEE); and Environmental Impact Assessment (EIA). The Ministry of Environment Affairs (MEnA) shall provide guidance on the content and preparation of these documents. The IEE is for projects where significant environmental impacts are uncertain, or where compliance with environmental regulations must be ensured; whereas An EIA is required for projects, which are likely to have significant environmental impacts. An EIA may be carried out because of an IEE. Based on the Application for Environmental Approval, screening criteria are used to determine whether an IEE or an EIA is required for a project. A determination of whether or not an IEE or an EIA must be conducted will be based on screening criteria. The proponent submits the application for EA to the appropriate permitting authorities as part of his overall application package for initial approval. These authorities then refer the project to MEnA, which may ask the proponent for further information to ensure the application is sufficient for consideration. MEnA then applies the screening guidelines and determines whether an IEE Report or an EIA Report is required. The Screening process is based on requirements of relevant land use plans, and on whether the project is likely to: • Use a natural resource in a way that pre-empts other uses of that resource; • Displace people or communities; • Be located in or near environmentally sensitive areas such as natural reserves, wetlands, or registered archeological and cultural sites; • Generate unacceptable levels of environmental impact; • Create a state of public concern; or • Require further, related development activities that may cause significant environmental impacts. The IEE and/or the EIA are to define the environmental impacts of the project and the measures to mitigate the adverse impacts or capture potential environmental benefits. If neither IEE nor EIA are required, the MEnA will determine, in coordination with the relevant permitting authorities or the EA Committee as required, whether or not Environmental Approval will be granted and, if so, under what conditions. Without limiting its content, an EA may specify: • Required measures to mitigate adverse environmental impacts or capture potential environmental benefits, including a compliance schedule; • Measures that the proponent must implement in order to comply with relevant standards and requirements; and 14 • Monitoring and reporting duties of the proponent. For existing projects and developments, Environmental Auditing (EAU) may be required. Its aim is to mitigate negative environmental impacts through evaluating their environmental management and performance. An EAU is prepared by the owner or operator of the development activity, and focuses on mitigation measures for existing environmental impacts to comply with relevant environmental standards and regulations. Decisions resulting from an EAU Report can include: • Suspension of the permit for the development activity by the permitting authority until specified measures are implemented; • Agreement on conditions that will be applied to the development activity, including a plan of implementation; or • Exemption of the development activity from further compliance with the EA Policy. All mentioned laws, orders and regulations have enforcement power, the main base of the enforcement system is the Palestinian Public Health Law No. 20 and the Municipality regulatory system. Enforcement actions are to be taken by the municipality directly in some cases and through the court, the police and sometimes the district governor for much complicated cases. 2.1.3 Laws and Regulations Relating to Environmental Management The PEL No. 7 for 1999, under the third chapter, requires MEnA to follow up the implementation of decisions that are issued concerning the environmental impact through cooperation with the competent authorities. The MEnA shall, in coordination with the competent authorities, control the various corporations, projects and activities in order to ascertain the extent of its compliance with the approved specifications, standards and instructions for the protection of environment and vital resources formulated by it according to the provisions of this law. For the above purposes, the law entitles the MEnA inspectors and other inspectors who are appointed in the Ministries and other authorities who have the capacity of judicial police as per the law to impound the environmental violations and crimes that may take place and violate this law. The MEnA inspectors shall also have, in cooperation with the competent departments and authorities, right of entry into the installations for the purpose of: inspecting them; taking samples; carrying out measurements; and ascertaining the application of the standards and conditions of the environment protection and prevention of pollution. The owners of projects and other activities should enable the MEnA inspectors and competent authorities to carry out their functions and provide them with the information and particulars, which they deem necessary to obtain in implementation of the provisions of the Law. Owners of projects should also carry out self-supervision operations according to the standards and conditions formulated by the MEnA, in coordination with the competent authorities, and submission of reports according to the instructions of the MEnA. The competent authority shall have the right, with respect to every installation or project, which has violated the environmental conditions necessary for granting the license, to cancel or withdraw the license before the competent court. MEnA may decide to stop the work in any project or prohibit the use of any machine or material in part or in whole if the continuation of work in the project or use of the machine or article involves a serious hazard to the environment. The stoppage or prohibition shall be for a period not exceeding two weeks and may not be extended except by a judicial order from the competent court. Whoever is harmed from the stoppage or prohibition order may take exception towards it before the competent court. 15 2.1.4 Laws and Regulations Relating to Labor Two major legislations in Palestine govern the rights of the labors and the terms and conditions of the employment are: the Palestinian Labor Law no (7) of (2000) and the Council of Ministers Act 11, 2012 regarding the minimum wage. The Labor Law no (7) and the Council of Ministers Act 11, 2012 provide the basic conditions of employment with a view of improving the status of employees in Palestine. The Palestinian Labor Law explains the working hours, wages, leaves, the reward of work end, work contracts etc. The Council of Ministers Act 11, 2012 deals specifically with the minimum wages in the Palestinian National Authority’s locations and basic terms and conditions of employment. A description of the key aspects of Palestinian Labor Law (No. 07 of 2000) and the Council of Ministers Act 11, 2012 is detailed in Annex 10. The attached annex also includes specific provisions for workers contracted during Covid-19. 2.1.5 World Bank Safeguard Policies The World Bank (WB) classifies projects into four distinctive categories, depending on the type, location, sensitivity, and scale of the project, including the nature and magnitude of its potential environmental impacts. These categories are as follows: Category A: This list is limited to those projects with significant environmental and social impacts, which require a full detailed EIA. Category B: A proposed project is classified as Category B if its potential adverse environmental impacts on human populations or environmentally important areas including wetlands, forests, grasslands, and other natural habitats are less adverse than those of Category A projects. These impacts are site-specific, reversible, and in most cases easily remediable than for Category A projects. The proposed ICUD project is categorized as a B, hence all the compliance requirements under the category apply. Category C: These are projects, which have no adverse environmental impacts, and accordingly will not require any environmental assessment or follow-up. Categories B and C projects require Initial Environmental Examination, limited environmental management plan (EMP), and/or Environmental Screening (ES). Category FI: A proposed project is categorized FI (Financial Intermediary) if it involves investment of Bank funds through a financial intermediary, in subprojects that may result in adverse environmental and social impacts. Environmental screening is applied to FI projects to determine the level of Environmental Assessment (EA) to be required. Under the World Bank’s operational policies, there are ten environmental and social policies referred as the Bank’s “safeguard policies”. The Bank’s environmental assessment policy and procedures in light of these ten safeguard policies are well described in the Operational Policy/Bank Procedures (OP/BP). The ESMF is prepared in light of the World Bank’s environmental assessment policy and procedures OP/BP (4.01). Relying on the information collected on the ICUD project, the assessment is addressed through: 16 • Reviewing the World Bank 10 + 2 safeguard policies and determining the safeguard policies triggered by the project, and identifying requisite mitigating measures accordingly. • Describing the safeguard issues and impacts associated with the project and identifying/describing any potential impacts. • Describing the potential indirect and/or long-term impacts due to anticipated future activities in the project area. • Describing the measures to be taken to address safeguard policy issues, and providing an assessment of project proponent capacity to plan and implement the measures described. • Identifying the key stakeholders and describing the mechanisms for consultation and disclosure on safeguard policies, with an emphasis on the potentially affected people. The ESMF is also prepared in light of the World Bank’s guidance about labor influx “Managing the Risks of Adverse Impacts on Communities from Temporary Project Induced Labor Influx, 2016”. The guidance identifies, assesses and manages the risks of adverse social and environmental impacts that are associated with the temporary influx of labor resulting from Bank-supported projects. The Note contains guiding principles and recommendations to be considered as part of the design and implementation of projects with civil works that require labor from outside the project’s area of influence. This Note does not introduce new requirements, but rather seeks to provide concrete guidance on how to approach temporary labor influx within the environmental and social assessment process. The following principles are key to properly assessing and managing the risks of adverse impacts on communities that may result from temporary project induced labor influx: • Reduce labor influx by tapping into the local workforce; • Assess and manage labor influx risk based on appropriate instruments; • Incorporate social and environmental mitigation measures into the civil works contract. Table 1 outlines the core requirements under each policy and lists the conclusion of applying each to the project. For the ICUD project, which is classified as category B, an environmental and social instrument, the ESMF, has been prepared based on WB policy OP 4.01 requirements. The ESMF is prepared for the purposes of implementing the World Bank supported components of the ICUD project and therefore must comply with the requisite national and local policies and regulations, as well as the WB policies and procedures for safeguard including managing the risks of labor influx1, financial management, procurement, etc. However, WB policies, including OP 4.12 (Involuntary Resettlement) should take precedence in the event of any discrepancy with the national legislation. Table 1. World Bank Safeguard Policies and Core Requirements for each Policy Policy Summary of Core Public Consultation Requirements OP/BP 4.01 Environmental Screen early for potential Consult affected groups and Assessment impacts and select appropriate NGOs as early as possible. instrument to assess, minimize, and mitigate potentially adverse impacts. 1 Please refer to the original document: https://bit.ly/3rGD9dv 17 Policy Summary of Core Public Consultation Requirements OP/BP 4.04 Natural Habitats Do not finance projects that Consult local people in degrade or convert critical planning, designing, and habitats. Support projects that monitoring projects. affect noncritical habitats only if no alternatives are available and if acceptable mitigation measures are in place. OP 4.09 Pest Management Support integrated approaches Consult local people in to pest management Identify planning, designing, and pesticides that may be monitoring projects. financed under the project and develop appropriate pest management plan to address risks. OP/BP 4.10 Indigenous Screen to determine presence Carry out free, prior, informed Peoples of Indigenous Peoples in consultation and obtain broad project area. Policy triggered community support. whether potential impacts are positive or negative. Design mitigation measures and benefits that reflect Indigenous People cultural preferences OP/BP 4.11 Physical Cultural Investigate and inventory Consult appropriate agencies, Resources cultural resources potentially NGOs, and University affected, include mitigation departments. measures when there are adverse impacts on physical cultural resources. OP/BP 4.12 Involuntary Assist displaced persons in Consult resettles and host Resettlement (Not triggered) their effort to improve or at communities, incorporate least restore their standards of expressed views in living. Avoid resettlement resettlement plans. where feasible or minimize. Displaced persons should share in project benefits OP/BP 4.36 Forests Support sustainable and Consult local people, the conservation-oriented private sector, and interest forestry. Do not finance groups in forest area. projects that involve significant conversion or degradation of critical forest areas 18 Policy Summary of Core Public Consultation Requirements OP/BP 4.37 Safety of Dams For large dams, technical No public consultations review and periodic safety inspections by independent dam safety professionals. OP/BP 7.50 Projects on Ascertain whether riparian No public consultations. International Waterways agreements are in place, and Riparian notification ensure that riparian states required. informed of and do not object to project intervention. OP/BP 7.60 Projects in Ensure that claimants to No public consultations. Disputed Areas disputed areas have no Claimants informed. objection to proposed projects Initial screening of the IUCD PDO and components has determined that the project activities will not prompt the use of OP 4.12 (Involuntary Resettlement). Only OP/BP 4.01 Environmental Assessment will be triggered for this project. 2.1.5 Gap Analysis A gap analysis was undertaken for the World Bank-funded Local Governance and Service Improvement Program (LGSIP) (June 2015) found that the Palestinian Environmental Law and the Palestinian Environmental Impact Assessment Policy as written, which are the overarching framework for environmental and social impact management, are largely consistent with World Bank environmental and social safeguards policies. However, there are gaps in the system, outlined below: Gaps in ESIA Content: While the content of the screening and analysis for EIAs under the Palestinian EIA Policy are comprehensive and cover most of the elements of OP/BP 4.01, there are gaps present in the content of EIA requirements in three areas: (i) The screening process requires additional clear criteria and explanation of criteria related to (i.e. potential resettlement and livelihood impacts, requirements related to voluntary land donation, including documentation of consent, and other environmental and social impacts and hazards), (ii) the analysis of alternatives requires the “without project” alternative, and (iii) the EIA process needs to explicitly analyze induced impacts. Impact Categorization Differences: There are semantic mismatches between what the Bank and the Palestinian EIA Policy consider projects with “significant” impacts. For the Bank, “significant” refers to projects with adverse impacts that are sensitive, diverse, or unprecedented, and where impacts may affect an area broader than the site of physical works. In Palestine, the threshold for “significant” are not precisely defined. Projects that are considered as “Type A” are determined by a category list, a list that is largely commensurate with those having significant impacts by World Bank standards. As the present project will not finance Category A-level projects by World Bank standards, through a screening process, this screening will also tag as ineligible for financing potential sub-projects considered “Type A” in EQA standards. Oversight of Non-full EIA Projects: For those projects requiring a full ESIA per the criteria in the Palestinian EIA Policy, there are requirements for environmental management plans (including mitigation measures), environmental audits, public participation and disclosure. Those projects not requiring a full ESIA are subject to fewer requirements and less oversight – there are no requirements that these projects are audited, nor that the public is involved, nor that documents are disclosed. 19 Public Participation and Accountability: Public participation and disclosure requirements for ESIA in Palestine are weak. For those projects requiring a full ESIA, public availability of the documents is required. However, the actual process of public review and comment could be onerous and result in EIAs being relatively inaccessible. While consultations are required during the preparation of the full ESIA between communities and the project proponent, public hearings are at the government’s discretion during the ESIA review and approval process. Environmental Health and Safety Guidelines (EHSG): The PA encourages both international and national private sector entities to seek International Organization for Standardization (ISO) 14001 Environmental Management System certification as well as Occupational Health & Safety Advisory Services (OHSAS) 18001 Occupational Health and Safety Assessment System certification. These international standards, as they relate to EHSG, fill in for national EHSG standards. See Annex 7 for guidelines to support development of a Health, Safety, and Environment (HSE) Management Plan. Labor influx: The local labor laws and regulations do not clearly discuss the labor influx issue, and this can be justified that all of projects in the West Bank and Gaza Strip are using local workers, as there are no workers from other countries working in this geographical area and therefore it is easy for workers to work and return to their homes at the end of the working day. The labor influx from governorate to another governorate is possible and should be monitored and mitigation measures should be set for reducing the labor influx by tapping into the local workforce or managing those workers based on appropriate instruments. Additional labor gaps include measures (i) to prevent and address harassment, intimidation and/or exploitation, (ii) to protect project workers against gender based violence, (iii) to prevent the use of all forms of forced labor and child labor , and (v) to provide project workers with accessible means to raise workplace concerns/grievances. Where Palestinian Labor law is inconsistent with the above-mentioned clauses, the project will seek to carry out project activities in a manner that is consistent with World Bank guidelines and policies. It was found in 2016 that despite the mentioned gaps above, the MEnA, EQA, and MDLF staff have strong EIA preparation and implementation skills. However, all staff are much less familiar with ESMFs. Furthermore, EO and SDO functions are often understaffed and underfunded, which results in the following shortcomings: screening checklists are not systematically applied at the correct time in the project cycle; staff are not able to systematically monitor environment and social impacts; and environmental and social management often remains outside of the planning and decision-making process. Nonetheless, impacts from projects in the MDP program have been managed fairly well. Findings during field studies and consultations with national counterparts suggest that on both levels there is a strong willingness to work through the issues. The EO and SDO staff hired for MDLF will extend its work program to support ICUD as well, in order to identify and mitigate these implementation, capacity, and training gaps. In 2021, a progress can be noticed on the environmental and social capacities of MDLF; dealing with ESMF is became familiar, as well the screening of sub-projects and monitoring tasks are now managed systematically and on time. MDLF Environmental and Social staff are supported by Environmental and Social consultants who are responsible on providing the technical assistant e.g. screening of sub-projects, monitoring site visits, drafting site specific ESMPs, and conducting orientation for municipalities in order to ensure the compliance with the Environmental and Social requirements. Institutional and Implementation Arrangements MoLG, participating urban areas, and MDLF carry out the project implementation. The MoLG has the legal mandate for local government affairs and is in charge of overall policy setting and coordination. Within its mandate, the MoLG will have the lead responsibility for overall coordination and oversight in the sector, and technically oversee the implementation of Component 1. The MoLG with a technical project team financed by ICUD provides facilitation support to assist the project’s participating urban areas to identify, inter alia, needed TA activities, goods, and works that do not entail involuntary 20 taking of land. The MoLG district offices will represent the land outside of LGU boundaries in respective urban areas of the West Bank. In consultation with the urban area communities through project implementation, the MoLG will prepare the technical content of TORs and EoIs, conduct technical quality control, and provide technical approval of the delivered outputs. The MoLG will also be responsible for advising the fiduciary agent of this project, MDLF, for payment release in a timely manner, and reporting technical aspects of project activity results to the MDLF for inclusion into project progress reports. To assist MoLG in fulfilling these functions, a Technical Supervisor will be selected by MoLG and contracted by MDLF from the project budget. The Supervisor will be placed in the MoLG planning department to oversee technical activities at the local level and fulfill relevant central level coordination, reporting, and other activities important to support overall technical supervision by the Ministry. LGUs that comprise the project’s participating urban areas are responsible for identifying, inter alia, needed TAs, goods, plans/studies and works that do not entail involuntary taking of land, and leading the project activities at the local level with facilitation support and technical oversight from MoLG. As this project aims at developing the urban areas’ capacity, all of the TAs and trainings are participatory in nature, requiring regular technical inputs from the LGUs (e.g. existing spatial population data) over the course of the project cycle. As the participating urban areas do not have a legal body beyond respective LGUs to govern their adjoined built space, the project supported the areas to establish and maintain active coordination mechanisms for the LGUs to collectively deliver results areas. A Local Coordinator (LC) was recruited per participating area under the project to facilitate project activities at the local level for four participating urban areas that currently lack intra-urban area coordination mechanisms. MoLG also selected the LC in consultation with the urban areas, contracted by MDLF from the project budget, and report to both the urban areas and Technical Supervisor placed at MoLG. MDLF is responsible for managing procurement, finance, safeguards, and reporting for the project based on technical inputs from the MoLG. MDLF’s role will include: project fund management; preparation of financial statements; organization of the project audit; signing and issuance of all procurement notices, advertisements, and all contracts with suppliers and consultants; environment and social safeguards management; preparation and update of the Project Operational Manual (POM) based on technical input from the MoLG; and compilation of results reporting as well as submission to its Board and the Bank. The MDLF is an independent, semi-governmental organization, governed by a Board of Directors (the Board), which is the policy and strategy-setting authority responsible for monitoring the direction and performance of the Fund. The Board Chairman is the Minister of Local Government and includes 11 members that are key stakeholders for Palestine’s Local Government sector. The MDLF has demonstrated its capacity to administer donor-funded projects since its establishment in 2005, including the multi-donor financed MDP-III, MDP-II, and MDP-I. MDLF is staffed with all key positions required to fulfill its fiduciary and safeguard management roles for this project. 2.2.1 MDLF / MOLG / LGU Roles and Responsibilities The implementation responsibility of ICUD will be with MDLF, with close cooperation and coordination with MoLG and the participating/eligible municipalities. The MDLF already has a qualified core team, including an Environmental Officer (EO) and a Social Officer (SO), who will manage implementation of ESMF/ESMP. They will also provide the guidance on the understanding of the World Bank and other donors' and the national environmental policies. This will also include experience on the ground in monitoring and mitigating the anticipated environmental and social implications created by the implemented sub-projects. Both the ongoing MDP-III and the ICUD would further develop such capacity for financing training to MDLF environmental and social officers who would be responsible for reviewing, advising and reporting on environmental and social issues. 21 The entire environmental and social management will be inbuilt into the sub-project development cycle, whereby activities will take place within a work-plan. Further, this ESMF has determined the responsibility for environmental and social management to vest with all stakeholders to the ICUD. Specifically, the benefiting local government are liable to plan, implement and supervise environmental mitigation at every project phase of the investments, with oversight supervision from the MoLG and MDLF. It is proposed that, as the TA developed in ICUD is further delineated and funded, that each participating LGU will be required to establish (where they are not in existence) the positions of Environmental Officer (EO) and Social Development Officer (SDO). These two specialists will oversee and coordinate environmental and social management of ICUD-prepared investments at local level. MDLF’s role will then be to monitor and audit LGUs’ and MoLG’s responsiveness and compliance. MDLF is hiring technical consultants to assess the environmental baseline for each area, to ensure compliance of planning and design phase to environmental and social regulations and safeguards, and to recommend mitigation measures including studies when needed. MDLF is to ensure that those planning and designing technical assistance assignments include an environmental and social compliance studies to support technical activities. In addition, LGUs and MoLG are expected to coordinate with all related line ministries, especially the Environmental Quality Authority. This will be further delineated in each of the ICUD TA studies as appropriate. The project will take special measures to ensure that disadvantaged and vulnerable groups have equal opportunity to access information, provide feedback, or submit grievances. The Social Officer (SO) will help to ensure proactive outreach to all population groups. Ensuring the participation of vulnerable individuals and groups in project consultations may require the implementation of specific techniques for vulnerable groups, mainly persons with disabilities, women-headed household and unemployed persons. 2.2.2 Potential Role of Other Ministries MoLG and LGUs are to follow national environmental and social related policies and regulations, environmental and social safeguards approach detailed in preface and have to provide all requested forms, documentations, reporting required to gain the aligned ministries approvals as minimum requirements. MoLG and LGUs are to coordinate with all related aligned ministries, mainly EQA, in order to ensure their representative presence as planning committee members. The MDLF, MoLG and LGU will further coordinate with Palestinian Water Authority, Palestinian Energy Authority, Ministry of Health, Ministry of Antiques, Ministry of Agriculture, Ministry of Economy, Ministry of Transport, Lands Authority, Ministry of Local Government, Palestinian Central Bureau of Statistics and any other environmental and social related institutions. 3 Environmental and Social Management Framework Introduction Environmental and social screening, which took place at an early stage of the ICUD project cycle, helped to identify and exclude the sub-projects that might trigger full ESIA requirements, including such safeguard policies as WB OP 4.11 (Physical Cultural Resources), OP/BP 4.12 (Involuntary Resettlement), OP 4.09 (Pest Management), and OP 4.04 (Natural Habitats). The initial project-screening mission indicated that the environmental and social concerns of the associated subprojects under the ICUD are low. As part of the sub-project screening in the Operations Manual, potential future investments that may trigger OP 4.12 will be excluded. Because studies might lead to expropriation beyond the time 22 of World Bank involvement, Recommended Resettlement Policy Framework (RPF) Contents are attached (Annex 5) to this Environment and Social Safeguards Manual, to provide guidance on any potential involuntary land acquisition after the lifetime of this project. This ESMF provides technical day-to-day guide for making sure that various ICUD subprojects are implemented in an environmentally and socially responsible manner. It provides guidance for screening subproject proposals against environmental and social risks. Based on the outcome of the risk identification and appraisal, eligibility of subprojects for financing will be determined based on negative lists and screening criteria. The ESMF carry uniform templates to facilitate conducting review and screening. It provides guidance on planning the site-specific environmental and social management plans (ESMP), their implementation, and monitoring for the eligible subprojects. To mitigate risks and impacts related to SEA/SH, the ESMF includes measures to mitigate risks of GBV/SEA/SH and labor issues. The project will ensure the avoidance of any form of SEA/SH of affected people and community members at large by relying on World Bank guidelines on the mitigation of Sexual Exploitation and Abuse such as the signing of enforceable workers’ codes of conduct (CoC), sensitization of workers and affected communities, and establishment of referral pathways. The project will also ensure via the stakeholder engagement that stakeholders are informed about the GRM. The project level GRM will include specific procedures for GBV, SEA/SH including confidential reporting and ethical documentation of GBV cases. Mitigation measures associated to labor risks include clear guidelines in the Project agreements ensuring that (i) contractors are not allowed to employ workers under the age of 18; (ii) All workers shall be covered by a valid insurance and Health care; (iii) Workers shall be informed of the current health regulations such as COVID-19 safeguarding and shall be provided with proper PPE’s. Provisions of Codes of conduct shall be explained for workers as well as mechanisms for communicating grievances shall be made available for all workers. Project Operations Manual – Environmental and Social Section This ESMF relates to the environmental assessment of the project, and will form an integral part of the Project Operations Manual (POM) of the project. In addition, the POM will include the following most of which have been referenced in Table 5 and in use during MDP-1 and MDP-II: • The Advisory Office Guide, which contains Arabic language versions of the Tables and Annexes here relating to Environmental and Social Screening as well as subproject EIA and ESMP preparation guidance; • EQA Environmental Impact Assessment Manual for Consultancy Firms Use; • EQA Environmental Impact Assessment Annex- Forms; • EQA Environmental Impact Assessment Manual for Investors; • Sample Feasibility Study TOR; • Sample Technical Study TOR; and • Sample Socio-economic Studies TOR. Screening Criteria 3.3.1 Screening of Subproject Categories The ICUD project will not finance any subproject that may meet the Category A requirements. The OP/BP4.01 "Environmental Assessment" policy defined the kind of projects, which are categorized as "A", and for which a full 23 environmental assessment is required. Category B project, on the other hand, does not require a full ESIA but do require a certain level of environmental analysis. Category C projects do not require environmental analysis. The ICUD project mainly includes activities that have positive environmental and social impacts such as awareness creation programs and capacity building. Most of the subprojects will be classified as either category B or C as they are predominantly social service-delivery related. However, some of the subprojects could include activities that might have minor negative impact particularly in terms of small-scale construction projects. The classification will depend on the type, location, sensitivity, and scale of the project and the nature and magnitude of its potential environmental impacts. See Section 3.3 and Table 2 for more details. 3.3.2 Cultural Heritage and Physical Cultural Resources The definition of physical cultural resources include any movable or immovable objects, sites, structures, groups of structures, and natural features and landscapes that have archaeological, paleontological, historical, architectural, religious, aesthetic, or other cultural significance. Physical cultural resources may be located in urban or rural settings, and may be above or below ground, or under water. Their cultural significance may be at the local, provincial or national level, or within the international community. Although it is anticipated that ICUD prepared technical studies will not result in investments that trigger OP/BP 4.11 (Physical Cultural Resources). In the event of accidental discovery of any antiquities or physical cultural resources that might occur during the implementation of the subprojects, all ICUD-prepared technical studies, including their accompanying ESMPs much include “chance find” procedures that fulfill both World Bank OP/BP 4.11 as well as Heritage Law No. 51 for the year 1966, Article 15. This Article notes that the contractor must stop work immediately and notify the related Authority (Ministry of Tourism and Antiquities) within 3 days to take the necessary actions. See Section 3.3, Table 3 (screening form), and Annex 6 (Chance Find Procedures to be included in all ICUD prepared projects) for more details. 3.3.3 Pest Management Any project that could triggers OP/BP 4.09 (Pest Management), which supports integrated pest management and safe use of agricultural pesticides, will not be part of the ICUD project activities. In Palestine, the use of pesticides is not controlled and the capacity to control and manage pesticides and pests need significant enhancement. There are regulations that control and manage pests and the use of pesticides, but their enforcement and implementation is generally weak. Therefore, there is a need to enforce regulations, and apply appropriate management plans and support integrated approaches to pest management in the country. 3.3.4 Involuntary Resettlement In terms of social safeguards, any potential future investments that could trigger the OP/BP 4.12 would be excluded as part of the list of ineligible grants. In other words, this project will not recommend, endorse, or facilitate future pipeline investments that result in direct economic and social impacts through the: (1) involuntary taking of land resulting in relocation or loss of shelter, loss of assets or access to assets, or loss of income sources or means of livelihood, whether or not the affected persons must move to another location; or (2) involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons. Considering that when submitting a project proposal/appraisal to MDLF, MoLG would have accomplished all legal requirements acquired by and respecting the revised Palestinian Basic Law of 2003, the Cities, the Villages and 24 Buildings Regulating Law, and the Buildings and Regulation Bylaw for Local Authorities No. 5. See Section 3.3 and Table 3 for more details. 3.3.5 Voluntary Land Donation In cases there is voluntary land donation, defined as when people or communities agree to voluntarily provide land in exchange for benefits or services related to the project, the World Bank requirements must be met: ▪ The act of donation is undertaken without coercion, manipulation, or any form of pressure on the part of public or traditional authorities; ▪ The potential donor is aware that refusal or to say no is an option without any consequences, and that right of refusal is specified in the donation document the donor will sign. ▪ Land to be donated must be identified by the municipalities or Village councils LGUs in coordination with the community for the project that have been selected; the impacts of proposed activities on donated land must be fully explained to the donor; ▪ The donor may negotiate compensation (in full or in part) or alternative forms of benefits as a condition for donation ▪ Donation of land cannot occur if it requires any household relocation; ▪ For community or collective land, donation can only occur with the consent of the individual owners of the land. ▪ Verification must be obtained from each person donating land (either through proper documentation or through confirmation by at least two witnesses); ▪ The implementing agency establishes that the land to be donated is free of encumbrances or encroachment and registers the donated land in an official land registry; ▪ Voluntary land donation will not be permitted in cases of site-specific infrastructure as community pressure could be too onerous for a person to refuse, thus removing the power of choice.2 ▪ In case that the donated land were not used for it is agreed purpose then the LGUs needs to have a written agreement from the land donor that they agree to use the land for the new purpose, otherwise the LGUs will return the land to the owner. ▪ There should be no coercion, manipulation or pressure from the community or public or traditional authorities for individuals to voluntary donate land. ▪ The proportion of land that may be donated cannot exceed the area required to maintain the donor’s livelihood or that of his/her household. Documentation for VLD provided below should be sufficient to verify this. ▪ The infrastructure must not be site specific. In cases of voluntary land donation, MDLF will need to confirm the above criteria is met as well ensure that voluntary land donation was not done through coercion. Willing-Seller, Willing-Buyer For Land Purchase through willing seller willing buyer approach, land acquisition must occur by mutual agreement in exchange for a notarized purchase contract based on the market price at the date of acquisition. Prior to land purchase process, (1) the LGUs shall take official council decision in the LGUs intention to purchase certain land after checking allocation in the budget abundance; (2) Then LGUs should establish a valuation committee with a member from MoLG district office and whom they see relevant to evaluate the land market value. The committee shall represent MoLG, MOF, LGU, and the Land Authority among others; (3) After that, the LGU take steps necessary to negotiate with the owner till reaching agreement; (4) the LGU then continues with the legal procedures of buying, and registering the land with Palestinian Land Authority. 2 In cases of site-specific infrastructure it is recommended to use land under ownership of LGUs and in exceptional cases willing-buyer willing-seller if adequate measures are put in place to avoid coercion. 25 3.3.6 Subproject Screening and Approval While risks associated with various subprojects may vary from high to low risk, all of them will most likely fall under Category B and C as per the categorization of World Bank safeguards polices. The following screening steps are to be applied: • The category of the sub-project is to be checked; if the project is classified as A, it will be rejected. Only projects of categories B and C are accepted. • The projects are to be checked against the safeguard policies; if any of the WB safeguard policies are triggered by the project, then it will be rejected. Table 1 lists these safeguard policies and the consultation required under each. • If the project is of Category B and is accepted, then a site specific ESMP is required to be prepared. • If the project is of Category C and is accepted, no further environmental and social requirements are applied. Table 2 details the Environmental Screening that should take place at an early stage of the ICUD project cycle. The MDLF project officers will conduct the screening and review process. Whereas Table 3 details the Social and Cultural Resource Screening of the ICUD subprojects. The screening process is to include also documentations, checklists and site-specific Environment and Social Review. This is needed in order to verify the sector and site specific ESMP that has to be prepared for category B subprojects. Table 4 provides an example of an Environmental and Social Management Checklist (ESMC) for any small construction and rehabilitation subprojects that may occur beyond the lifetime of ICUD. This project does not include any subprojects although this may apply throughout the lifetime of the project. It should be noted that these Tables are the similar to those in the MDP-II ESMF and therefore the clients are already working with these Tables, as well as the ICUD proposed screening process. A standard appraisal and mitigation ESMP will be part of the specifications for the contractor and will form the basis of regular monitoring that could be used for future pipeline investment. The ESMP matrix will be based on the sectors and consisting of phases, and potential environmental and social impacts, if any, mitigation measures, operation and supervision. Table 2. Environmental Screening and Classification of Projects A) EQA Screening Project Title: Project Sector: Duration: Does the proposed subproject include any of the following characteristics? Yes/No Dams and reservoirs? Forestry production projects? Industrial plants (large-scale) and industrial estates? Irrigation, drainage, and flood control (large-scale)? 26 A) EQA Screening Land clearance and leveling? Mineral development (including oil and gas)? Port and harbor development? Reclamation and new land development? Resettlement and all projects with potentially major impacts on people? River basin development? Thermal and hydropower development? Manufacture, transportation, and use of pesticides or other hazardous and/or toxic materials? Digging new water wells? If any of the replies to the above questions is “yes”, then the potential sub-project is excluded from ICUD funding. B) World Bank Project Screening Project Title: Project Sector: Duration: Questions Actions 1. Is the sub-project likely to have Yes / No (circle one) significant adverse* environmental Please describe the primary adverse impacts and their impacts (based on type, location, possible ‘significance’ (as defined at left) here: sensitivity, and scale of the project and the nature and magnitude of its potential environmental impacts)? *Significant adverse impacts are generally: (i) large-scale; (If potentially “yes”, please confer with ESO and (ii) irreversible; confirm the environmental category of this subproject (iii) sensitive; will not be “A”) (iv) diverse; (v) cumulative; date non-applicability confirmed: (vi) precedent setting; and/or may affect an area broader than the sites or facilities financed by the project. 2. Is the sub-project likely to result in Yes / No (circle one) significant degradation or conversion of If potentially yes, please describe these impacts here: habitats and/or forests in designated protected areas, proposed protected areas or areas that, based on local public 27 B) World Bank Project Screening consultation, are considered of special ecological significance? 3. Does this subproject have potential to (If potentially “yes”, please confer with ESO and cause significant conversion or loss or confirm that these potential impacts will not invoke degradation of natural habitats either application of OP 4.04 Natural Habitats) directly through construction or indirectly through induced human date non-applicability confirmed: activities? 4. Will this sub-project have potential to cause temporary or permanent Note: To answer this question please go to Table 3. relocation or any other type of impact on physical cultural resources known to Yes / No (circle one) be of local, regional, or PA significance based on PA or international list? 5. Will the sub-project utilize or discharge Yes / No (circle one) water from or into a river or river If potentially yes, please describe these impacts here: tributary that flows to or through or forms a border with a neighboring country or drains into an international sea or a sea that is connected with an international sea? (If potentially “yes”, please confer with ESO and confirm that this sub-project will not invoke application of OP 7.50 International Waterways.) date non-applicability confirmed: 6. Will this sub-project involve dams in any way (e.g. new dams, dams under Yes / No (circle one) construction, current dams in use, dam rehabilitation)? 7. Will this sub-project have any potential Yes / No (circle one) impacts on : (a) health and quality of If potentially yes, please describe these impacts here: forests; (b) (rights and welfare of people who depend on or interact with forests; (c) and their level of (If potentially “yes”, please confer with EO and dependence upon or interaction with confirm that this sub-project will not invoke forests; and/or (d) management, application of OP 4.36 Forests.) protection, or utilization of natural forests or plantations, whether they are date non-applicability confirmed: publicly, privately, or communally owned? 28 B) World Bank Project Screening 8. Does this sub-project have the potential Note: To answer this question please complete Table to include any of the following: 3, and then (circle one) Yes/No. involuntary taking of land; involuntary restriction of access; loss of shelter, loss of assets or access to assets, or loss of income sources? 9. Does the sub-project propose to Yes / No (circle one) manufacture, transport, and/or directly If potentially yes, then the project is excluded per finance the use of pesticides? EQA guidance 10. Does the project have the potential to Yes / No (circle one) stimulate increase/change in pesticides If potentially yes, the project is excluded per EQA use and thus may trigger the Bank guidance safeguard policy OP/BP 4.09 (Pest Management)? 11. Is this sub-project likely to have Please outline all potential impacts and explain how minimal or no adverse environmental they are likely to be minimal: impacts? Date Environmental Category confirmed as C: If category C: no ESIA or ESMP are required. 12. Is this sub-project’s potential adverse Please outline the sub-projects’ potential positive and environmental impacts on human negative environmental and social impacts: populations or environmentally important areas--including wetlands, forests, grasslands, and other natural habitats likely to be: Site-specific? Reversible? Mitigated with specific mitigation Please note how these impacts are site-specific, measures? reversible, and able to be mitigated: Date Environmental Category confirmed as B: If the answer to any of the questions of 11 is yes, then a project is under EA category B and ESIA and ESMP are required. C) For Sub-Projects of Category “B” What design alternatives have been considered and what measures are suggested to prevent, minimize, mitigate, or compensate for adverse impacts? 29 What lessons from the previous similar projects have been incorporated into the design? Have concerned communities been involved yet? If so, have their interests and knowledge been adequately taken into consideration? D) Conclusions Conclusion of the environmental screening: Project is declined Project is accepted Project is classified as category B: Project is classified as category C: If accepted as category “B”, project preparation requires: ESIA/ESMP: The following land documents: ____________________________________ Standard contractor clause: ____________________________________ If accepted as category “C”, project is accepted and no ESMP is required. Comments of Environmental and Social Officer (ESO): Name: Title: Signature: Date: Approval Signature of MDLF officer and Date: Table 3. Social and Cultural Resource Screening of Subprojects Safeguard Screening Format YES NO 1 Will the project reduce other people’s access to their economic resources, such as land, pasture, water, public services or other resources that they depend on? 2 Will the project result in resettlement of individuals or families or require the acquisition of land (public or private, temporarily or permanently) for its development? 3 Will the project result in the temporary or permanent loss of crops, fruit trees, etc.? 4 Will the project result in the temporary or permanent loss of household infrastructure (such as granaries, outside toilets and kitchens, etc.)? 30 If the answer to any above question is “Yes”, then OP/BP 4.12 Involuntary Resettlement is applicable and the project is rejected. If the Answer for all the above is "No", please fill in the followings; Required Documentation YES NO 5 Is the information related to the affiliation and ownership status of the project site available and verifiable? 6 If there is voluntary land donation, is documentation provided, and have the World Bank procedures been followed as outlined in the ESMF? Cultural resources safeguard screening information YES NO 6 Will the project require excavation near any historical, archaeological or cultural heritage site? If answer to question 6 is “Yes”, then OP/BP 4.11 Physical Cultural Resources is applicable and the project is rejected. Possible chance finds must be handled in accordance with the OP and relevant procedures provided in every individual ESMP prepared within ICUD (see Annex 6). Table 4: Environmental and Social Management Checklist for Small Construction and Rehabilitation sub-projects Project Name: Date: S/N Impact Yes No Remarks Safeguard/Mitigation Measures 1 Noise/Alarm generation 2 Dust 3 Odor emission 4 Traffic problems (obstructing normal flow) 5 Solid Waste problem 6 Sewage problem 7 Water service problem 8 Impacts on green cover 9 Pedestrians’ safety threatened 10 Electricity problem 11 Deterioration in Landscape/aesthetic elements 12 Impact on natural resources 13 Biodiversity and wildlife threatened 14 Recreational sites impacted 15 Heritage and archeological sites impacted 16 Agricultural activities negatively affected 17 Industrial utilities negatively affected 31 Project Name: Date: S/N Impact Yes No Remarks Safeguard/Mitigation Measures 18 Workers’ safety and health considered including measures to minimize exposure to Covid-19 risks 19 Worker’s commitment to using PPP (vests, gloves, overall, helmets, masks etc.) 20 Workers trained on acceptable behavioral requirements including application of a code of conduct, with other workers and in relation to nearby communities 21 Working machine suitability 22 Workers’ grievance redress tools made available including effective grievance processes related to SEA/SH 23 The project uses child labor and forced labor 24 The project has impact on movement and access of people requiring detours 25 The project has temporary impact on livelihoods, reduce other people’s access to their economic resources, such as land, pasture, water, public services or other resources that they depend on 26 Add additional impacts as necessary 27 Comments: 28 Recommendations: Environmental Officer Signature: Date: 3.3.7 ICUD ESMP Implementation and Monitoring Environmental and social monitoring will form an integral part of the MDLF supervisory work in the course of the project implementation. Social monitoring will include social review for potential investments to avoid recommending forced evictions and forced evictions of squatters as a result of this project. The MDLF safeguards fiduciary officers (e.g. EO and SO) as well as MoLG Technical Supervisor are responsible to ensure that ESMPs are prepared such that contractors will familiar with all relevant World Bank and PA safeguards requirements including workers’ rights such as wages/benefits; child or forced labor; and pressured and poor working conditions. The site-specific ESMPs for accepted category B subprojects will be prepared to be included in the bidding document, so that potential bidders of individual projects to be technically prepared and aware of the environmental and social risks expected and are able to reflect that in their bids. The ESMPs are also expected to become an 32 essential part of contracts, with their implementation is mandatory. The MoLG, as an owner of construction works, will be responsible for enforcing compliance of contractors with the terms of the contract, including adherence to the ESMF. Further, any environmental and social related issues are to be reported immediately to MDLF in order to ensure that environmental and social issues will be managed. The next chapter provides guidelines for the assessment of the potential environmental and social impacts of the subprojects and the preparation of the ESMP. 4 Environmental and Social Assessment and Preparation of ESMP 4.1 Introduction ICUD includes activities that mainly have positive environmental and social impacts such as awareness programs and capacity building. For potential future investments, negative impacts might occur during the construction and operation phases such as dust, noise, safety hazards, restriction to access, etc. The ESMF is to cater for these negative impacts and provides the framework for the ESMP to be prepared. Consultations shall be conducted for each pilot project as part of the individual ESMPs, that will inform the affected businesses and people of the proposed activities and make them aware of the potential impacts of the construction activities. The consultations for the ESMPs will also inform the affected businesses and people of the project GRM. Examples of some of the anticipated negative impacts are provided in Table 5. To mitigate these negative impacts, an ESMP will be prepared for each approved pilot project. It is recommended to use Environmental Matrices (EM) for listing overall main environmental and social impacts. The EM lists the expected environmental and social impacts and indicates whether the impact is positive, negative or neutral. The ESMPs will outline the measures needed to address the issues identified in the impact assessment, demonstrate proposed monitoring activities that encompass all impacts and identify how they will be integrated into project management. The ICUD project is a multidisciplinary planning exercise with variable factors impacting the process as LGU vision, community participation, natural resources, socio-economic, political, technical, financial, etc. though to ensure that the planning process are well incorporating environmental and social aspects, a matrix (Annex 1) was built to summarize the major potential impacts and the proposed crosscutting activities to mitigate. This Annex should be used to guide this planning exercise, including the structuring of consultations. The project first stage is of minimal environmental impact and low risk; however, the planning and design stages are of variable impact and risk potential. Impact would differ according to the exercise, and the LGU/MOLG are to ensure selection of the proper mitigation measures through intensive investigation and studies. LGU/MOLG are responsible on contracting consultancy firms to conduct further studies, MDLF are to monitor and audit the project. The LGU and MOLG to follow during all project stages in order to minimize the risk of any environmental or social impact. The following table details the potential environmental and social impacts and potential mitigation measures. 33 Table 5. Potential Environmental and Social Impacts Project Steps Environmental Considerations Development of Urban At this stage, the MOLG/LGU will identify the existing environmental Growth Footprint per and social related data, gaps and issues. Mainly to identify the current urban area that includes issues related to development, urban development sectors. The current spatial data on population, utilization of the resources and is expected to be of minimal compliance economic sector and labor to environmental and social regulations except of urban planned force composition, conducted exercises. development patterns and Unplanned urban development could have caused an impact to the density, housing, natural and cultural resources; though gaps and issues shall be identified connectivity and and Assessment infrastructure, public and 1. Assess what environmental related data for each project area Phase environment/ecological 2. Verify environmental baseline (conduct environmental baseline spaces, and disaster risk study) preparedness 3. Verify what environmental gaps exist 4. Verify if the existing situation trigger: Environmental Assessment, Physical Cultural Resources, Involuntary Resettlement; Natural Habitats; Forests 5. Assess the required environment related means to ensure sustainable development 6. verify natural resources utilized /to be utilized resources, gaps, issues, pros and cons Development of growth At this stage; development of growth vision and scenarios, public vision and scenarios with disclosure and adjustment of spatial and urban plans at individual LGU cost analysis per growth level and/or development of the expansion area plans; LGU/MOLG are location and pattern, to ensure implementing planning in compliance to environmental and followed by their public social safeguards, laws and regulations. LGU/MOLG are to comply with recommendations and requirements disclosure. Adjustment of resulted in the environmental and social data collection stage. spatial and urban plans at MOLG to set environmental and social impacts weight in planning and individual LGU level urban planning activities. and/or development of the MOLG/LGU during this stage has to assess requirement of expansion area plans Environmental and Social Impact Assessment Studies, based on the chosen Feasibility Studies, Technical Studies. Studies TOR’s shall be prepared growth scenario and and to incorporate environmental and social related considerations. Planning vision for the greater LGU/MOLG when planning is to consider: Phase 1. Preservation of natural resources urban area 2. Preservation of heritage and cultural resources 3. Comply with Environmental related laws 4. Comply with Palestinian related strategies and policies mainly in (solid waste, water, transportation, energy, health, economy, etc.) 5. Comply with EQA Environmental Policy environmental screening process: where LGU are to approach the EQA and submit for project screening, EQA environmental Screening sheet and EQA TOR would be an output of this step. In cases where uncertainty of EIA/SEIA required an IEE TOR shall be prepared. 34 Project Steps Environmental Considerations Detailed Planning and 1. EQA Environmental Impact Assessment Manual for Design of specific interest Consultancy Firms Use sector 2. EQA Environmental Impact Assessment Manual for Investors 3. EQA Environmental Impact Assessment Annex- Forms of Environmental Impact Assessment Manual for Consultancy Firms Use 4. Recommended RPF Contents (Annex 5) 5. Feasibility Study TOR 6. Technical Study TOR 7. Socio-economic studies TOR 8. Comply to Environmental Screening outputs: No impact/ minor impact: ESMP (Annex 4) o Need further investigation: Initial Design Environmental Assessment o Require assessment: Phase ▪ Need Environmental and Social Impact Assessment Study ▪ Need Strategic Environmental and Social Impact Study Rejection 9. Conduct ESIA/ ESA/ IEE Studies 10. Conduct feasibility Studies 11. Conduct Consultation workshops 12. Conduct planning exercise that shall integrate environmental and social considerations of both stages Project Steps Social Considerations Development of Urban Verify social and economic related data taking into account all necessary Growth Footprint per Statistics (ex. poverty, unemployment, education, health, and any relevant urban area that includes social information and statistics). spatial data on population, economic Verify Gender related data (ex. number of households headed by women, sector and labor force the nature of the businesses operated by women in the region, number of composition, households headed by people with disabilities). Assessment development patterns and Phase Identify marginalized groups within the urban areas; assess their needs and density, housing, track any violations to the “right to cities”. connectivity and infrastructure, public and Verify all information concerning land used by citizens that account for a environment/ecological source of income (Bedouin communities, etc.). spaces, and disaster risk preparedness 35 Project Steps Social Considerations Development of growth Comply with Palestinian laws relating to lands and preservation of vision and scenarios with archaeological and cultural sites, further to World Bank social cost-analysis per growth safeguards (see pg. 11, paragraph 4). location and pattern, The planning process must comply with all relevant social policies followed by their public prepared by the Ministry of Local Government with respect to social disclosure accountability policies, youth policy, community participation policies, and the local economic development policies). Comply with transparency and good governance concepts. Particular attention to have accessible, transparent and inclusive consultations is necessary. Consultation for Land Use / Spatial Planning: Ensure public participation including marginalized groups in all stages of planning. Public meetings and introductory workshops with the local community to define project objectives and stages of plan preparation. Formation of diverse specialized local committees to participate in the planning process including the marginalized and the private sector. Validation of all plans, and make certain that their procedures include presentation to the local community for revision and validation. Planning Public disclosure of plans. Phase Noting that the EQA Environmental Impact assessment Manual for Consultancy Firms use provides detailed section for public consultation of EIA studies. Adjustment of spatial and The use of relevant guidelines if necessary, such as the urban plans at individual Community Participation Manual, Community Accountability Tools, LGU level and/or Strategic Development Planning Guide, communication manual, and development of the citizenship guide. expansion area plans based on the chosen The plans should take into consideration the following: growth scenario and • Equitable and fair distribution in setting priorities taking into vision for the greater account all segments of society and all regions. urban area • Poverty and unemployment reduction as one of the objectives of the plans especially those relating to local economic development sector. The plans must be gender sensitive in all stages. 36 Project Steps Social Considerations Detailed Planning and Verify that all information and procedures for land donation are Design of specific interest available and fulfilled in case there is a land donation (refer to WB Best sector Practice Recommendations on VLD in section 4.3.) Verify that the development projects will not reduce the individual ability to access natural and economic resources such as land, pastures, Design water sources and public services. Phase • Projects designs in the plan must comply with gender sensitivity issues. Projects design must take into account the needs of people with disabilities. • Preparation of social and environmental management plan for the project in participation with the local community and all relevant parties, as well as identify associated social risks that may result from the project. Environmental and Social Risk Assessment The ICUD project is a planning exercise for five clusters of different characteristics, where planning expectations were not defined at ESMF stage during project preparation. For that, the framework takes into account the potential legally required mitigations to be followed through planning stages in order to minimize the risk of harming the surrounding environment or the social context. Additional risk might rise to the impact on marginalized refugee camps and smaller village councils and towns. The project remains of moderate environmental risk and low social risk as assessed previously in the Project PAD, and now in the restructuring paper. The following are considered the potential environmental and social risks for each stage: Assessment stage: ▪ Lack of sufficient information from the Palestinian Central Bureau of Statistics and other agencies ▪ The reliability of the data ▪ lack of cooperation among the relevant institutions ▪ variance in capacity among the larger and smaller LGUs Planning stage: ▪ Unsound planning or design of natural resource. ▪ Ignorance of environmental sensitive areas/ preserves in planning ▪ Ignorance of environmental and social aspect sensitivity in planning ▪ Ignorance of the need to conduct environmental and social impact assessment studies, ▪ Preference of economic outcome over preservation of environment ▪ The marginalization of some communities/ groups from participating in the planning process, and ignorance of the need to assess resettlement or recommending conducting RAPs ▪ Choosing community projects that differ from the citizen priorities ▪ Selecting tools that were deemed irrelevant in the planning process ▪ Local community was not informed properly on the results as required ▪ Real time needed to implement the plan contradicted with the projected time. ▪ The impact on marginalized refugee camps and smaller village councils and towns. 37 Voluntary Land Donation and Willing Seller – Willing Buyer Approach With regards to land ownership during identification, planning, and design stages of the ICUD; the LGUs and MoLG will follow Revised Palestinian Basic Law 2003, Local governorates Act/ Law of 1997, The Jordanian Law No.79 of 1966 the Cities, the Villages and Building Regulation Law. On the other hand, for the World Bank social safeguards please refer to see social safeguards approach detailed in preface. LGUs and MoLG shall ensure protecting natural and cultural resources and livelihood, and squatters. Additionally, LGUs and MoLG to ensure the community are aware of the specifics of both voluntary land donation and the willing seller – willing buyer approach. Voluntary Land Donation In cases where there is voluntary land donation, defined as when people or communities agree to voluntarily provide land in exchange for benefits or services related to the project, the below requirements must be met. Recommendations on Voluntary Land Donation should be applied as detailed below: ▪ The act of donation is undertaken without coercion, manipulation, or any form of pressure on the part of public or traditional authorities; ▪ The potential donor is aware that refusal or to say no is an option without any consequences, and that right of refusal is specified in the donation document the donor will sign. ▪ Land to be donated must be identified by the municipalities or Village councils LGUs in coordination with the community for the project that have been selected; the impacts of proposed activities on donated land must be fully explained to the donor; ▪ The donor may negotiate compensation (in full or in part) or alternative forms of benefits as a condition for donation ▪ Donation of land cannot occur if it requires any household relocation; ▪ For community or collective land, donation can only occur with the consent of the individual owners of the land. ▪ Verification must be obtained from each person donating land (either through proper documentation or through confirmation by at least two witnesses); ▪ The implementing agency establishes that the land to be donated is free of encumbrances or encroachment and registers the donated land in an official land registry; ▪ Voluntary land donation would not be permitted in cases of site-specific infrastructure, as community pressure could be too onerous for a person to refuse, thus removing the power of choice.3 ▪ In case that the donated land was not used for it is agreed purpose then the LGUs needs to have a written agreement from the land donor that they agree to use the land for the new purpose, otherwise the LGUs will return the land to the owner. ▪ There should be no coercion, manipulation or pressure from the community or public or traditional authorities for individuals to voluntary donate land. ▪ The proportion of land that may be donated cannot exceed the area required to maintain the donor’s livelihood or that of his/her household. Documentation for VLD provided below should be sufficient to verify this. ▪ The infrastructure must not be site specific. 3 In cases of site-specific infrastructure, it is recommended to use land under ownership of VCs or JSCs and in exceptional cases willing- buyer willing-seller if adequate measures are put in place to avoid coercion. 38 Willing-Seller, Willing-Buyer For Land Purchase through willing seller willing buyer approach, land acquisition must occur by mutual agreement in exchange for a notarized purchase contract based on the market price at the date of acquisition. Prior to land purchase process, (1) the LGUs shall take official council decision in the LGUs intention to purchase certain land after checking allocation in the budget abundance; (2) Then LGUs should establish a valuation committee with a member from MOLG district office and whom they see relevant to evaluate the land market value. The committee shall represent MOLG, MOF, LGU, and the Land Authority among others; (3) After that, the LGU take steps necessary to negotiate with the owner till reaching agreement; (4) The LGU then continues with the legal procedures of buying, and registering the land with Land Authority. 5 Public Consultation and Complaints Mechanism Laws and Regulations relating to Community Participation The PEAP has referred to the stakeholder (any person in his natural or legal capacity with an interest in or affected by a development activity) consultation in two stages: The Initial Environmental Evaluation (IEE) Report: where the policy stated that the stakeholder consultation is optional when undertaking an IEE. In consultation with the proponent and the EA Committee as required, the MEnA determines whether stakeholder consultation is required and, if so, what the minimum requirements should be. It may be required during scoping and terms of-reference preparation, and during the conduction of the IEE. The Environmental Impact Assessment (EIA) Report: where the policy stated that the stakeholder consultation is mandatory when undertaking an EIA. In consultation with the proponent and the EA Committee, the MEnA determines what the minimum requirements for stakeholder consultation should be. It may be required during scoping and terms-of-reference preparation, and during the conduction of the EIA. In all cases, consultations would be held as part of land use / spatial planning process. Public consultation will be accessible, transparent and inclusive to ensure participation including marginalized groups in all stages of planning: 1. Public meetings and introductory workshops with the local community to define project objectives and stages of plan preparation. 2. Formation of diverse specialized local committees to participate in the planning process including the marginalized and the private sector. 3. Validation of all plans, and make certain that their procedures include presentation to the local community for revision and validation. 4. Public disclosure of plans. Environmental and Social Consultations Public consultation meeting was held on April 26, 2016 in order to gain feedback of project stakeholders over the ESMF drafted by MDLF. Annexes 2 and 3 details the consultation meeting minutes and participants. Major points raised by the participants included: questions about procedures, the LGU role, and refugee camp inclusion; need for coordination with EQA; as well as need for ministerial coordination as part of regional planning committees. Participants noted their willingness to introduce environmental and social criteria into planning. The site-specific ESMPs that will be prepared for the subprojects will address the concerns that were raised in the consultations and will be disclosed in Arabic and English on MoLG and MDLF websites. The slide presentations used for these consultations is available upon request from the MDLF. The introductory presentation on project objectives, components, and implementation is in English; whereas, the presentations 39 specific to environmental and social considerations, procedures, potential impacts, and mitigations is available in Arabic. Refugee Camps voice and needs in the planning scenarios especially in issues affecting their urban areas should be taken into account. The involvement of representatives from the urban areas including camps through the different phases will be ensured through participation in public hearings. Although the ICUD will not work within camps; the camps are part of the urban areas and might be affected indirectly. Two low risks are potentially identified: socio-economic and political, the following explain the risks and its mitigation measures proposed: • Socio-economic risk (planning affecting community interests and livelihoods): public hearing and consultation meetings will be conducted in each planning phase, design, and implementation of the pilot projects; feedback of vulnerable communities’ interests, impacts of pilot projects and potential mitigation measures will be reflected in the design of the pilot projects. Other means like using municipal web sites and social media will also enable such groups to interact with the project through different phases. • Political risk (Low): to ensure that the project will not intervene in the basic rights of refugees specifically: right of return. The project will make sure that its’ objectives, action plan, and activities are communicated clearly with all relevant stakeholders through the initial workshops, and publications. A second round of public consultation sessions were conducted in October, November and December 2020 for the five targeted urban areas in West Bank and Gaza Strip. For each consultation session, representatives of different institutions were invited such as municipalities, ministries, NGOs of women and disabled people, youth groups, and representatives of the local community. During each consultation session, a presentation about the pilot project was provided; it includes the general overview of the pilot project components, layouts, and the GRM channels. Consultation meetings were conducted using a blend of traditional and digital outreach; hence these consultations came at early stage before the design of pilot projects in order to reflect some of public and stakeholders’ reflections on the design and get their feedback and concerns. Within the COVID-19 public health emergency situation, the consultation meetings were conducted in compliance with the Bank’s note on “Public Consultations and Stakeholder Engagement in WB-supported operations when there are constraints on conducting public meetings” (enclosed in Annex 8). Before the implementation, another round of consultations will be carried out once the detailed design is ready, potential impacts and measures will be discussed with the community and the project’s affected people. Please refer to ANNEX 3 for more information about the first round of consultations carried out in 2016, and the second round of consultations carried out in 2020. The principles of a Citizen and Stakeholder Engagement Plan is designed and shall be followed during all stages of planning, design, and implementation of the pilot projects. The purpose of these engagements will be to inform the stakeholders on the intention of the pilot projects, ensure that affected communities and potential beneficiaries have input and ownership of the projects, gain other perspectives on the impact and any potential issues with the design of the pilot projects, the project’s GRM, and identify and mitigate any additional risks revealed by the consultation. The principles of the stakeholder Engagement Plan is also designed and shall be followed for the Strategic Environmental and Social Assessment study (SESA); Sharing information, consultations and surveying are carried out with stakeholders during the different steps of the study: Proposing the alternative strategic goals, environmental and social assessment, priority setting, and a public hearing will be carried out once the study is completed. EQA is not considered as an ordinary stakeholder, but more focused meetings are carried out with EQA for more consultations about different issues. The project’s Stakeholder Engagement Plan is proportionate to the nature and scale of the project and its potential risks and impacts. Consultations shall be conducted for each pilot project as part of the individual ESMPs, that will inform the affected businesses and people of the proposed activities and make them aware of the potential impacts of the construction activities. The principles of the proposed stakeholder engagement activities are shown in ANNEX 10. 40 Grievance Redress Mechanism (GRM) The right of the public to complain has been confirmed by the Grievance and Complaints bylaw that has been approved by the Ministerial Cabinet on 9/3/2005 and updated on 8/3/2009. The Bylaw has regulated the means and tools to settle the complaints of the public and has stated the policies for the improvement of the performance of the Palestinian Ministries and Authorities and other NGOs. This means that the citizens and beneficiaries of ICUD can raise their complaints anytime at every phase of the project and that their complaints must be settled. The appropriate partner for the implementation of the Grievance and Redress Mechanism (GRM) is the project proponent (MoLG). MDLF is responsible for working with MoLG for assisting with implementation of the GRM. It advises people on their rights and GRM process throughout the period of project implementation. For minor infringements and social complaints, an incident, which causes temporary but reversible damage, the contractor, will be given environmental and social note/stop and alert to remedy the problem and to restore the environment. If reviewing the action, shows that restoration was done satisfactorily no further actions will be taken, otherwise and if the Contractor has not remedied the situation within 1 day, any additional days of stopping work will not be considered as excused delay. If the remediation is not done during the given time, the MoLG and the Consultant has to stop the work and give the contractor an environmental and social note. Financial penalty is applied to the non-complied mitigation measure as depicted in the biding document and the ESMP. If repeating the noncompliance to the ESMP and penalties approximated (3-5%) of the contract value, the MoLG will raise the formal recorded environmental and social notes and the deduction history to MDLF in order to apply a legal action. The penalty item will be added to the bidding document stating the deduction percentage if there is noncompliance to the ESMP. The ESMP will be part of the bidding documents, which will include explanation of the penalty deduction method. Chance Finds Procedures will be applied in case culturally valuable materials are uncovered during excavation: • Stop work immediately following the discovery of any materials with possible archeological, historical, paleontological, or other cultural value; announce findings to project manager; and notify relevant authorities; • Protect artifacts as well as possible using plastic covers; implement measures to stabilize the area, if necessary, to properly protect artifacts; • Control access to site where finding occurred • Prevent and penalize any unauthorized access to the artifacts; and • Restart construction works only upon the authorization of the relevant authorities. See Annex 6 for more details. 41 5.3.1 Complaints Mechanism The GRM is a key mechanism for ensuring that the project identifies issues with implementation and is able to address these continuously throughout the project lifecycle. A GRM manual has been prepared in January 2020. The project’s GRM manual has been updated in October 2020 to include complaints’ filing measures to minimize risk of exposure to COVID-19 and to receive special kind of complaints such as accepting GBV and Sexual Harassment complaints and anonymous complaints based on the existed complaining system by using appropriate channels and tools in the municipality. Due to the high sensitivity of SEA/SH/GBV, the project’s GRM will ensure confidentiality and survivor- centered approach for SEA/SH grievances. In case of sexual harassment and sexual abuse grievance, the LGU will refer the victim to a specialized gender unit at the MoLG or the Ministry of Women Affairs to provide support. Information about the existence of the GBV grievance mechanism and of channels to accept and respond to anonymous grievances will be communicated to all stakeholders during the consultation meetings. The LGUs are to ensure availability of documentation of complaints and responses, timely responses, a log of all complaints received-date received, date responded to, type of response, etc. 5.3.2 Complaints Manual A Complaints manual was prepared with the support of the Bank’s team in 2020 and it was shared with Municipalities during consultation workshops of each urban area to address all of expected complaints resulted from the pilot project activities. The manual aims to ease receiving and processing the complaints in order to provide better services to the local community and maintain any damage resulted due to any of pilot projects. The complaint can be submitted to either Municipality or to MoLG as the following: • Submitting the complaint to the Municipality can be through: - Personal visit to the municipality and submitting the complaint. - Electronic submission on the municipality website. - Telephone call to the supervision engineer verbally. • Submitting the complaint to the complaint department in the MoLG can be through: - Personal visit to the MoLG branch in the area, or main building. - Sending a fax to MoLG – complaints department. - Submission an electronic complaint on http://www.molg.pna.ps/Complain.aspx In order to control the risks of virus transmission during Covid-19 pandemic, the complainants will be advised to submit their complaints electronically or via telephone. Accepting or rejecting of the complaint can pass through the following process: 1. All of complaints should be sent to the supervision engineer for review, follow up, and documentation. 2. Verification: the in-charge employee (supervision engineer) can verify the mentioned information in the complaint, and he can also contact the complainer for further information. 3. Employee in charge of handling the complaint must inform the municipality about the accepting or rejecting of the complaint, and municipality should inform the complainant within three (3) days at most, since the submission of the complaint. 42 4. In the event the employee in charge of handling the complaint submitted the complaint to a specialized complaint unit, the unit must also submit an accepting or rejecting of the complaint within three (3) days at most. In the case of accepting the complaint, Municipality works on solving the complaint within two weeks since the submission of the complaint. The complainant should receive a reply by phone or written letter. In the case of the complaint was submitted to MoLG, the complaint is re-directed to the municipality (to the mayor), and the municipality is requested to reply within two weeks at most since the acceptance of the complaint. Otherwise MoLG sent a reminder letter to the municipality requesting a reply within only three days, and finally the MoLG informs the complainant by the respond by phone or by a formal letter. Once the complainant is not satisfied with the reply of the Municipality, he can submit a complaint to the Local Government ministry. Once the complainant is not satisfied with the reply of the ministry, he can submit a complaint to the council of ministries or the municipalities court. MDLF play a supervision role in this process, the municipality should report to the MDLF of all the complaints through continuous recording in the weekly reports and/ or through site visits, so that the MDLF and/ or the LTC will intervene to solve the issue if the municipality was not able to solve or mitigate it. A detailed GRM manual is enclosed Annex (9). 5.3.3 Workers’ Grievance Mechanism The MDLF will require contractors/municipalities to conduct an orientation session for their workforce on the grievance mechanism prior to the start of civil works. The grievance mechanism also addresses child labor, GBV and sexual harassment related grievances. Information about the existence of the grievance mechanism will be available to all project workers (direct and contracted) through using the existing municipal complaining system. Supervision Engineers and Social Consultants will monitor the contractors’/municipalities recording and resolution of grievances, and report these in the progress reports. 5.3.4 Code of Conduct and SEA/SH Measures The safety measures, complaints, and SEA/SH measures will be detailed in the Code of Conduct. The Code of Conduct (CoC) will be written in local language and provisions related to SEA/SH will be incorporated into the bidding documents, including sanctions. MDLF will include the CoC into the bidding documents. The contractor will sign the CoC and will be made accountable for complying with it, as well orientation for workers will be requested. Annex (7) -Appendix (2) shows an example of COC and can be edited to be appropriate with the nature of the pilot project activities and location. 6 Capacity Building, Training Program, and Environmental and Social Monitoring 43 Capacity Building and Training Requirements Capacity Building Assessment is required at the first stage of the project in order to set plans and capacity building projects for the benefit of five clusters. The capacity building program shall include environmental and social related capacity building for planning and construction, i.e. environmental and social safeguards, EIA requirements, environmental and social screening for planning, weighing environmental and social criteria into planning criteria, etc. Hence, Consulting firm will be assigned to carry out the design assignment of five pilot projects in West Bank and Gaza Strip; as well the scope of work will also include preparation of ESMPs, and technical, environmental, and social supervision. The consultant team will also include an Environmental Expert who will coordinate with MDLF, targeted municipalities and MoLG to carry out the following: • Screen and review all proposed projects in order to identify any activity that may carry the risk of adverse environmental impacts; • Assign a category to each project in accordance with the Environmental safeguard policies of the World Bank; • Design ESMP for the projects that are classified under Category “B” with the aim of demonstrating proposed monitoring activities that encompass all major impacts and identify how they will be integrated into project supervision; • Hold field visits to project sites to ensure compliance with the World Bank environmental safeguard procedures. • Provide on-job training to LGUs on proper implementation of the World Bank environmental and social requirements. Any cost implications relevant to the development/training will be recorded and financed from the project. The mitigation measures and the associated costs will become part of the ESMP for the project, which will be monitored during the implementation. The MDLF Grants Manager, and the Social Specialist, will participate and act as a liaison with the public for the training sessions with the different target groups. Social safeguards training will be on reviewing potential proposed activities to ensure that they do not recommend expropriation and forced evictions of squatters, as well as on voluntary land donation, and willing buying and seller as detailed in the ESMF and will be outlined in the OM. They will also be trained on how to identify risks and social impacts and prevention measures. Additional training will be on social issues related to the preparation of strategic plans and training on the concept of citizenship, labor and workers’ rights and SEA/SH issues. MOLG and MDLF as the Safeguard Manger will conduct additional consultation workshop for all stakeholders after finalizing the ESMF document. Furthermore, the MoLG and MDLF will conduct orientation workshop to identifying project process and environmental and social management framework application for each partner and levels in the LGUs. ICUD Environmental and Social Safeguards Reporting LGUs and MoLG are to integrate environmental and social aspects into all prepared reports. Reports are to include safeguards compliance, environmental and social issues, gaps and requirements. LGUs are to periodically report to MOLG on environmental and social related issues including GRM. Environmental and social considerations are to be integrated into various expression of interests (EOI’s) and TA TORs. Periodic reports and any related issues are to be forwarded to MDLF in order to prepare the necessary management reports. 44 Detailed presentation of the status of environmental and social performance under the ICUD cycle will be included in the progress reports during its implementation. MDLF will be responsible for this reporting, which will include: • The content and status of ICUD technical studies under preparation; • Timing and results of the environmental and social screenings for each ICUD technical studies, to be conducted as outlined in Tables 2, 3, and 4; • An environmental and social plan of action for each ICUD technical study, to include a TOR for the ESMP as well as an outline of the budget and timing of the ESMP preparation; • Work program of the EO and SO in the last reporting period, as well as anticipated work program of the EO and SO in the upcoming reporting period; and • Summaries (content, timing, venue, participant list, etc) of all capacity buildings, trainings, and any other ICUD ESMF-related technical support, as conducted by the MDLF EO and SO or any ICUD-employed consultants. Social reporting and monitoring will be to verify that studies will be screened to avoid activities that might lead to expropriation and forced evictions of squatters because of this project. LGUs are to periodically report to MOLG upon the environmental and social related issues environmental and social considerations are to be integrated into EOI’s and TA TOR’s. MOLG are to report biannually to MDLF in order to prepare the management reports. Environmental and Social Auditing and Monitoring Environmental and social auditing for ICUD-prepared studies shall be conducted annually, considering identifying the LGUs, ministry compliance to the environmental regulations, to identify development and enhancement over the Environmental baseline identified at the first stage. Environmental auditing methodology shall be proposed during the identification stage of the projects. Environmental and social auditing on planning and design could be conducted as part of technical audit of the project, or audit for each one of the urban areas shall be conducted solely. A consultant will be hired by the MDLF to undertake this assignment. The sum of $10,000 has been set aside for this purpose. MoLG and LGUs are to provide all support to the assignment. Environmental and Social Cost Implication and Schedule The cost of environmental and social related activities are to be incorporated into the overall ICUD project cost, noting that it should be verified at the first stage of the project implementation, the following is expected to be included: ▪ All consultancy services assignments to include environmental and social sections (i.e. Feasibility Studies Assignment, Planning, Socio-economic studies, etc.) ▪ Environmental and Social Baseline Study for the ICUD project. ▪ Environmental and Social Impact Assessment Studies for certain activities ▪ Capacity Building Training activities ▪ Auditing and Monitoring Activities ▪ ESMP preparation ▪ Consultation 45 ▪ Public hearing workshops The mitigation measures and the associated costs will become part of the ESMP for the project, which will be monitored during the implementation. The Table 7 below shows the indicative cost: Table 6. ICUD ESMF Indicative Costing Target Group Workshop/ Training Sessions Costs US $ MoLG, LGUs, - Training session on environmental and social screening etc. forms. - Training session on planning and design of 15,000 ESIAs/ESMPs. - The design and implementation of mitigation measures. - Occupational health and safety guidelines. Beneficiaries and - Consultation sessions on potential environmental and 15,000 Stakeholders social impacts of proposed ICUD sub-projects. Consultants / - Capacity and content directly related to environmental Technical and social safeguards aspects of ICUD prepared 20,000 Assistance feasibility studies Environmental - To be conducted as part of Mid-Term Review 10,000 and Social Audit Sub Total (US $) 60,000 Support to MDLF EO and SO Salaries (included in MDLF Management 40,000 Fee) Total (US $) 100,000 In addition to the US$ 60,000 for training, studies, and a MTR audit, US $40,000 will be made available to underwrite partial salary costs of the MDLF EO and SO as estimated at US$3,000 per month total, including social charges and taxes. 46 7 Annexes Annex 1: Environnemental and Social Management Matrix Annex 2: Pilot Projects Overview Annex 3: ICUD Public Consultations Annex 4: Sample Outline of Environmental Management Plan Annex 5: Recommended Resettlement Policy Framework Contents Annex 6: Chance Find Procedures Annex 7: Sample Environmental Requirements for Contractors and COVID-19 Commitment Letter Annex 8: Technical Note: Public Consultations and Stakeholder Engagement in WB-supported operations when there are constraints on conducting public meetings Annex 9: GRM Manual Annex 10: Labor laws, regulations and policies Annex 11: Stakeholder Engagement Plan 47 Annex 1: Environmental and Social Management and Monitoring Plan Matrix Environmental and Social Risk Mitigation Steps Tools Responsibilities Considerations ASSESSMENT PHASE4 Development of Uncertainty/ undefined Add environmental & social aspects tasks to technical Baseline Study urban growth natural resources consultancy TOR footprint per urban area that includes MoLG, MDLF Following Up spatial data on Baseline Study population, economic sector and labor force Consultant composition, Uncertainty of data Prepare environmental & social baseline study TOR Baseline Study development availability Conduct baseline study (verify natural resources utilized, TOR patterns and (environmental and resources, gaps, issues, pros and cons etc) density, housing, social) MoLG, MDLF Following Up connectivity and Baseline Study infrastructure, public and Consultant environment /ecological spaces, Environmentally • Define & collect data, statistics, reports, standards, etc Drafting TORs and disaster risk unsound spatial or on issues as relevant: environmental, water, energy, preparedness urban planning services, natural resources, poverty, gender, citizens, Baseline Study activities marginalized communities, education, health, etc. TOR • Define environmental & social gaps in already planned MoLG, MDLF zones. Following Up • Conduct environmental & social audit as needed. Baseline Study • Assess & define environmental & social related planning criteria to be added to the planning exercise. • Define the criterion weight upon importance. Consultant Unsound/ • Assess the required environment & social related means Consultant unsustainable to ensure sustainable development. MoLG utilization of resources • The specific ESMPs for each pilot project will ensure the Planning Criteria sustainable utilization of resources in the mitigation definition measures they propose. 4 Note: Assessment and design phases for Category A projects will not be financed under the ICUD project. 48 Environmental and Social Risk Mitigation Steps Tools Responsibilities Considerations • Strategic Environmental and Social Assessment (SESA) should specify the impacts and address the mitigation measures. • Sustainable criteria definition to be set for different types of resources Lack of cooperation • MOLG to ensure equity among LGUs Consultation among LGUs • Consultations to be carried out with LGUs for better MoLG planning and cooperation Planning Criteria Definition Potential • Planning committee to be well informed with the noncompliance to environmental and social laws, regulations and Consultation environmental and world bank safeguards social risk mitigations and sessions MoLG, MDLF social safeguards, laws sectorial policies. and regulations. • Specific site ESMPs will be prepared for each pilot ESMPs project. Presence of LGU/MOLG are to introduce data collection Data Collection environmental gaps as recommendations into planning guidelines. tools an output of the data collection Review of previous MoLG baselines ToR / Consultant Deficiency in • Planning Committees to review/revise weights of environmental and environmental and social impacts into planning social impacts criteria, and urban planning activities. Review of previous crosscutting into • Environmental Screening of planning concepts studies/baselines planning cross cutting. MoLG • Assess requirement of Environmental and Social Impact Assessment Studies, Feasibility Studies, Planning Criteria Technical Studies. Studies TORs shall be prepared definition and to incorporate environmental and social related considerations. Inequity of planning Ensure that all LGUs are well represented and their vision is Consultation and against smaller LGUs incorporated in planning not measurable formal meetings or in marginalized areas MoLG Weight Criteria definitions 49 Environmental and Social Risk Mitigation Steps Tools Responsibilities Considerations PLANNING PHASE5 Development of Expected LGUs are to approach the EQA and submit for SESA and ESMF growth vision and environmental and Environmental approval for any Development Plans scenarios with social impacts and risks EQA cost-analysis per resulted from the recommendations growth location Development LGU to prepare the EIA TOR for Category A and B projects and pattern, MoLG, LGUs, Plans/Projects of Orientation MDLF followed by their Stakeholders should be identified and public consultations Workshop to Category A, B, C public disclosure should be planned Planning adjustment of committees in spatial and urban presence of EQA plans at individual LGU level and/or development of Could cause Consult with community Resettlement Plans the expansion area Involuntary Refer to social safeguards approach in preface are not accepted in plans based on the resettlement this project MoLG, LGUs, chosen growth MDLF scenario and Consultation vision for the process greater urban area For development plans / Approach EQA environmental forms B (Guidelines Refer to ESMF, projects with minor document) MoLG, LGUs, environmental impacts Prepare TOR for simplified ESMP MDLF Specific ESMP Public complaints, Grievance redress mechanism established or, if already in including regarding place, strengthened if needed defining land use Follow up with planning procedures of receiving complaints GRM Manual MoLG, MDLF Ensure that feedback loop is closed DESIGN STAGE Detailed Planning Could cause Consult with community Resettlement Plans and Design of Involuntary Refer to social safeguards approach in preface are not accepted in MoLG, LGUs, specific interest resettlement this project MDLF sector 5 Note: Assessment and design phases for Category A projects will not be financed under the ICUD project. 50 Environmental and Social Risk Mitigation Steps Tools Responsibilities Considerations Consultation process Expected LGUs are to approach the EQA and submit for SESA and ESMF environmental and Environmental approval for any Development Plans social impacts and risks EQA resulted from the recommendations Development LGU to prepare the EIA TOR for Category A and B projects MoLG, LGUs, Plans/Projects of Orientation MDLF Category A, B, C Stakeholders should be identified and public consultations Workshop to should be planned Planning committees in presence of EQA For development plans / • Prepare simplified ESMP Refer to ESMF, projects with minor • LGU are to approach the EQA and submit for MoLG, LGUs, environmental impact Environmental approval MDLF Specific ESMP Public complaints, • Grievance redress mechanism established or, if including regarding already in place, strengthened if needed GRM Manual MoLG, MDLF defining land use • Follow up with planning procedures of receiving complaints. Ensure that feedback loop is closed. Implementation Phase (Pilot Projects) Inconvenience of Noise, Dust, odors, • Consult with community. the Local safety risks, workers • Complaining channels to be specified and community behavior, cut of the announced for people. main services, • Suppress dust during construction including cumulation of waste at periodic wetting of bare and cleared surfaces and ESMP including: the site …etc covering of soil stockpiles to prevent erosion Limit the work to be only in the daytime. Warning signs, Contractors • Waste is not allowed to be stored in the site, but to PPE for workers, be transferred to the landfill. Waste collection areas insurance, should be designated and labelled for different type safety plan of waste, mainly hazardous and non-hazardous. Such waste needs to be collected by a registered waste collection company and disposed of at a registered landfill site. 51 Environmental and Social Risk Mitigation Steps Tools Responsibilities Considerations • Construction site should be closed, and warning signs to be distributed around the site. Signs on site should indicate not smoking or naked lights to reduce the possibility of fires. • PPE for workers • Provide safe access for all households, and facility to ensure no socioeconomic impact. • Safe access for community and pedestrians around work sites. • Disruption of utilities (power, water) to neighboring communities during construction and traffic flow should be announced before the cut of the service by at least 24 hours, and the service should be resumed as quick as possible. • Machinery should be turn of when they are not in use for less noise and for less fuel combustion, periodic maintenance should be made for all machinery for decreasing their noisy sound. • Machinery should have drizit pans in areas where oil/fuel leaks may occur to safely collect the oil and fuel for safe disposal at a hazardous disposal site. • Site vehicles should move in and around with a speed limit of 20 km to avoid unnecessary dust and noise pollution. • • Avoid any use of private land during construction. Inspection of the Land Use Use of private land • Cleaning and removal of wastes or deposits to consultant / MoLG, MDLF (Property Rights) during construction landfills or designated areas. supervision engineer Occupational Safety risks due to the • The Environmental Health and Safety (ESHS) Health and Safety physical works of pilot Guidelines should be followed. risks (For more projects • All of OSHS should be determined during the Inspection of the details, please read preparation of the site specific ESMP of each pilot consultant / MoLG, MDLF annex 7) project, and specific mitigation measures to be supervision suggested for the safety risks. All of mitigation engineer measures should be followed during the implementation stage. 52 Environmental and Social Risk Mitigation Steps Tools Responsibilities Considerations • Workers should be provided by water and sanitation during the working hours. Labor Labor management • Labor influx from far governorates should be Management risks minimized, and contractors will be recommended to (Child Labor, hire local workers. SEA/SH, GRM, • Children workers under 18 years will not be allowed Inspection of the Code of Conduct) to work or access to the construction sites. consultant / • Code of conduct should be signed by the contractor MoLG, MDLF supervision and should be oriented for all workers including any engineer new attended workers. • Complaining channels should be on place and available for workers including channels to submit the complaints related to SEA/SH. Socioeconomic preventing • In order to mitigate this impact, adherence to the impacts socioeconomic proper management practices in various sites should Inspection of the impacts/temporary loss be strictly considered in order to minimize consultant / of livelihoods (vendors, transferring any negative impacts – to the extent MoLG, MDLF supervision etc.) possible. Full adherence to the management practices engineer will help in reducing the negative impacts on the surrounding social and economic activities. construction Construction materials • Any construction material collected and transported material source to be not aligned with to sites will be sourced from registered quarry sites supervision the environmental that align with environmental regulations and all MoLG, MDLF engineer Palestinian regulations usage regulations relevant to Palestine Any other Public complaints, • Grievance redress mechanism established or, if potential of including regarding already in place, strengthened if needed accidental defining land use • Follow up with planning procedures of receiving environmental and complaints. Ensure that feedback loop is closed. GRM Manual Contractors social impact • Mitigation measure requested by supervision engineer pursuing to ESMP and guidelines to contractors for public facilities projects. COVID-19 COVID-19 risks • Follow the MoH/WHO guidelines as detailed in MoH/WHO Considerations ANNEX 7, Appendix 1. guidelines Contractors • Follow Technical Note: Public Consultations and Stakeholder Engagement in WB-supported 53 Environmental and Social Risk Mitigation Steps Tools Responsibilities Considerations operations when there are constraints on conducting public meetings as mentioned in ANNEX 8. 54 Annex 2: Pilot Projects Overview A. Gaza City Central Park: Gaza City has a high population density and a constrained land supply, with limited opportunities for new urban green spaces. As such the Gaza City municipality is looking to regenerate and enhance the city center park as one of the key existing urban green spaces that covers 25 dunums in the city center, and to enhance the park’s ability to function appropriately during the daytime, evenings, and in all seasons. The pilot project will enable the regeneration and enhancement of the city central park, improving the capacity of this key green area, creating a revitalized urban space that better serves the citizens of Gaza City, and which plays a functional role within the cultural and commercial heart of the city for both residents and visitors, and which supports sustainable growth. The project will be developed in collaboration with Gaza municipality, and should include the following tasks: a) conduct an urban and spatial analysis to identify and analyze the key site characteristics and opportunities and constraints related to the park, its layout, and function within the city center; b) develop a clear vision and set of objectives that will guide the future regeneration and enhancement of the park, identifying a set of design principles reflecting the ‘place making’ aspirations of the municipality and the park’s role as a key urban space; c) provide a concept design, layout, and design statement for the park that reflects the agreed design principles, responds to the identified opportunities and constraints, demonstrates how the park integrates into its immediate and wider surrounds, and that identifies the key interventions proposed alongside a cost estimate; d) provide detailed design and landscape plans for all the interventions proposed (such as new paths, signage/wayfinding, shelters, play spaces, lighting, seating, public toilets, food court, storm water disposal, etc.), alongside technical design, construction documents, and tender packs (including a bill of quantities, technical specification, maintenance plan, and cost estimate) for the phase one works which shall be agreed in collaboration with the municipality and ICUD Technical Supervisor and MDLF, and which shall be suitable for construction and tendering purposes. B. Hebron Complete Streets (Light Traffic-Junction Management and Street Redevelopment): The Hebron urban area is the largest urban area in the West Bank by area and population, with areas of road congestion and limited sustainable urban mobility. As such the municipalities are looking to improve sustainable urban mobility on a series of connecting roads between the LGUs (to support the implementation of the ‘Analysis of Transport Development in Hebron and Nablus Urban Areas’ (2018) study). The project will seek to develop a network of ‘complete streets’ to cover the entire urban area and develop a ‘sense of place’ along each of the streets, with phase one addressing five key streets (one in each of the five municipalities). The pilot project will enable the delivery of a convenient, safe, and connected network of pedestrian friendly streets across the urban area, and support sustainable growth. The project will be developed in collaboration with Hebron, Dura, Halhul, Beit Kahel and Taffouh, municipalities, and should include the following tasks: a) conduct an urban and spatial analysis to identify and analyze the key site characteristics and opportunities and constraints related to the pedestrian environment, layout of key streets, pedestrian routes, public transport nodes, and key destinations within the urban area (with regards to the ‘Analysis of Transport Development in Hebron and Nablus Urban Areas’ (2018) study), with an emphasis on first phase of streets covered by the pilot project, that shall be identify in collaboration with the municipalities, ICUD Technical Supervisor, MDLF, and surveyed to inform the detailed design; b) develop a clear vision and set of objectives that will guide the future development of the ‘complete streets’ network, identifying a set of design principles that will promote sustainable transport and active travel, reflecting the ‘place making’ aspirations of the municipalities; c) provide a concept design, layout, and design statement for the entire complete streets network that reflects the agreed design principles, responds to the identified opportunities and constraints, demonstrates how the network serves the urban area linking key destinations, public transport nodes, and strategic pedestrian movements, and that identifies a list of priority interventions; d) provide detailed design and landscape plans for all the interventions proposed in phase one (such as traffic calming measures, landscaping and public realm works, street furniture, materials, lighting, pedestrian crossings, footpaths and cycle ways, accessibility, links to public transport, etc.), alongside technical design, construction documents, and tender packs (including a bill of quantities, technical specification, maintenance plan, and cost estimate) for the phase one works which shall be agreed in collaboration with the municipality, ICUD Technical Supervisor, and MDLF and which shall be suitable for construction and tendering purposes; e) provide a strategic design guide for future phases of implementation that provides construction and design standards, typical layouts, and design guides that relate to the agreed design principles and which can be applied across the network. C. Ramallah-Al-Bireh Pedestrian Friendly Areas: The pilot project forms part of wider work across the urban area to address sustainable urban mobility, with the municipalities looking to promote walking and reduce the dependency on private vehicle use as part of a comprehensive package of works to promote active travel and public transport use. The network of pedestrian friendly streets will cover the entire urban area and develop a ‘sense of place’ along each of the streets, with phase one addressing the key streets in the four municipalities. The pilot project will enable the delivery of a convenient, safe, and connected network of pedestrian friendly streets across the urban area, and support sustainable growth. The project will be developed in collaboration with Ramallah, Al Berih, Beituniya, and Surda Abu Qash Municipalities, and should include the following tasks: a) conduct an urban and spatial analysis to identify and analyze the key site characteristics and opportunities and constraints related to the pedestrian environment, layout of key streets, pedestrian routes, public transport nodes, and key destinations within the urban area (with regards to the Comprehensive Public Transportation Master Plan for the Ramallah & Al Bireh Urban Area), with an emphasis on first phase of streets covered by the pilot project, that shall be identify in collaboration with the municipalities, ICUD Technical Supervisor, MDLF, and surveyed to inform the detailed design; b) develop a clear vision and set of objectives that will guide the future development of the pedestrian friendly network, identifying a set of design principles that will promote sustainable transport and active travel, reflecting the ‘place making’ aspirations of the municipalities; c) provide a concept design, layout, and design statement for the entire pedestrian network that reflects the agreed design principles, responds to the identified opportunities and constraints, demonstrates how the network serves the urban area linking key destinations, public transport nodes, and strategic pedestrian movements, and that identifies a list of priority interventions; d) provide detailed design and landscape plans for all the interventions proposed in phase one (such as traffic calming measures, landscaping and public realm works, street furniture, materials, lighting, pedestrian crossings, footpaths and cycle ways, accessibility, links to public transport, etc.), alongside technical design, construction documents, and tender packs (including a bill of quantities, technical specification, maintenance plan, and cost estimate) for the phase one works which shall be agreed in collaboration with the municipality, ICUD Technical Supervisor, and MDLF and which shall be suitable for construction and tendering purposes; e) provide a strategic design guide for future phases of implementation that provides construction and design standards, typical layouts, and design guides that relate to the agreed design principles and which can be applied across the network. D. Nablus Urban Area Bus Infrastructure: The pilot project forms part of wider work across the urban area to support the implementation of the previously conducted Analysis of Transport Development in Hebron and Nablus Urban Areas (2018) (see Appendix 1), with the municipalities looking to increase the quantity, quality, and accessibility of bus stops and bus shelters, improve the passenger experience, and provide relevant passenger information, as part of a comprehensive bus network that maximizes the coverage of bus stops within the urban area. The pilot project will deliver both upgrades to existing sites as well as the development of new sites, with 30 sites requiring work on the site layout/landscaping and 40 shelters to be provided across 13 villages and Nablus City (see Appendix 1). The project will be developed in collaboration with Nablus City municipality, and Deir Sharaf, Qusin, Beit Iba, Beit Wazan, Zawata, Sarra, Tell, Iraq Burin, Kufur Quallil, Rujib, Salem, Deir Al-Hatab and Azmout village councils, and should include the following tasks: a) conduct an urban and spatial analysis to identify and analyze the key site characteristics and opportunities and constraints related to the network of bus stops, the coverage of bus stops, the quality of existing stops and shelters (with regards to the Analysis of Transport Development in Hebron and Nablus Urban Areas (2018)), with the stops/shelters to be covered by the pilot project to be identify in collaboration with the municipalities and village councils and the ICUD Technical Supervisor and surveyed to inform the detailed design; b) develop a set of design principles and objectives that will guide the development and layout of the bus stops and shelters to improve accessibility, service coverage, and provide a better passenger experience across the bus network; c) develop a concept design for the layout, design, and landscaping of a series of indicative/typical bus stop and shelter designs that will form the basis of the different interventions proposed during the detailed design stage; d) provide detailed design and landscape plans for all the interventions proposed in phase one (such as level access, hand rails, foot paths, bus arrival information, greening, lighting including solar power where relevant, rubbish bins, landscaping and public realm works, street furniture, materials, etc.), alongside technical design, construction documents, and tender packs (including a bill of quantities, technical specification, maintenance plan, and cost estimate) for the phase one works which shall be agreed in collaboration with the municipality, ICUD Technical Supervisor, and MDLF, and which shall be suitable for construction and tendering purposes (this will cover 30 bus stops that require site works, and 40 bus shelters). E. Bethlehem Urban Area Cardboard and Sorting Facility: For Bethlehem Urban area which includes the municipalities of Bethlehem, Beit Jala, Beit Sahour, Ad Doha, Al Khader, and Artas Village, the selected project is to help establish a cardboard and paper recycling system from source separation to recovery materials that will reduce the weight of the generated solid waste in the urban area. It will sort and collect the cardboard and papers in the commercial zones in the urban area, which will contribute to reducing the landfilling cost on the LGUs in the urban area and improves environmental impacts. Additionally, it will support the urban area to become more environmentally friendly; this is in line with the urban area’s vi sion. Annex 3: ICUD Public Consultations CONSULTATION ROUND ONE (EFMF Public Consultation, 2016) Caesar Hotel, Ramallah April 26th, 2016 Attendees: 20 participant from the West Bank Clusters, MDLF, MOLG, and EQA Noting that MoLG has invited other aligned ministries: PWA, ministry of transportation and PEA, etc MDLF, the safeguard and fiduciary agent for the ICUD project has conducted a public consultation workshop to present the Environmental and Social Management Framework (ESMF) draft to the ICUD major stakeholders. MDLF Acting Director introduced the session; Mr. Hazem Kawasmi who provided brief about MDLF, the major programs and projects, and MDLF role in the ICUD project as the Safeguard manager, the procurement and financial manager. Following, Arch Shuroq Jaber from Planning Department at the MoLG provided detailed project description, the presentation summarized: (i) urban challenges and beneficiaries and (ii) Project objective, components, and institutional arrangements and roles (MoLG, LGUs and MDLF) and anticipated results. A summary of the presentation is as follows: • A project to assist five major urban clusters in West Bank and Gaza Strip (RAB, Nablus, Hebron, Bethlehem, and Gaza City), benefiting 1,0340,425 citizens of major cities, smaller towns, village councils and refugee camps; • The major challenges that face development are the population growth, in-resilience in municipalities, and the lack of cooperation among towns, the deficit in financial resources to implement joint projects. • Project Anticipated Outcomes: o Participating urban areas that establish and actively maintain an intra-urban area coordination mechanism; o Urban areas that develop cost-analyzed scenarios for urban growth and publicize them; and o Urban areas that reflect and align their preferred growth scenario with their member LGUs’ spatial and urban plans. A summary of the question-and-answers related to the initial presentation session is as follows: • MOLG has conducted visits and meetings to the selected municipalities and village councils. • How will the project be coordinated? Each Urban Cluster will have an appointed or designated coordinator at local level, and joint planning team. • Duplication of plans: the planning process will be on sub regional level and shall integrate the existing plans, or recommend needed modifications. • Relation with other related projects such as the CHF who worked on Planning Joint service Council for Bethlehem area was note and to be verified. Environmental and Social Presentations: the environmental presentation was interactive where moderator asked questions to verify points further to answer all raised questions MDLF Environmental and Social Officers presented the Environmental and Social Management Framework (ESMF) draft in separate presentations to the attendees with major topics: • Laws and regulations; • World bank safeguards, roles and responsibilities; • Environmental screening; • Potential environmental impact and mitigation for each project stage; • Environmental risk; • Capacity building, monitoring, reporting and auditing; • Complaints, land ownership, and VLD; and • EQA guidelines and forms. MDLF emphasized about the participatory and partnership with EQA as the regulatory and supervisor of the environmental assessment. Furthermore, the project will obey EQA regulations in all project stages. The LGUs will also coordinate with all aligned sectorial ministries for their participation and approval. MDLF raised that integrating environmental and social aspects are to sustain, and efficiently utilize shared natural resources, cultural resources and livelihood and integrate the marginalized communities. MDLF raised examples of the potential shared resources that shall be environmentally and socially sound planned, and stated that shared cultural and natural resources could be a baseline for cooperation. MDLF stated that the need to identify environmental baseline for each cluster, to define environmental sound planning criteria and weights. MDLF stated that many social crosscutting data should be gathered during assessment stage The MDLF explained that planning wouldn’t be restricted, however environmental and social aspects shall be complied. MDLF notified participants that the ICUD finances plans/studies and works that do not entail involuntary taking of land. With respect to livelihoods, the project will consider appropriate approaches to minimalize the impacts of the works on the affected communities and people. To this end, the construction activities will be scheduled on optimal hours in order to have the least impact on the people and livelihoods. Given there will not be any involuntary taking of land the World Bank Policy on Involuntary Resettlement, OP 4.12, will not apply to ICUD and the pilot projects. In the case of voluntary land donation or willing buyer/seller the ESMF details the needed documentation, , for such cases such as power of choice. Studies as part of this project on urban space will cover private and public land. However, this project will not recommend, endorse, or facilitate future pipeline investments that are on private land, as well as the municipally owned land that has squatters / users of the land for livelihoods. Because studies might lead to expropriation beyond the time of World Bank involvement, recommended Resettlement Policy Framework (RPF) Content are attached to this ESMF to provide guidance on any potential involuntary land acquisition after the lifetime of this project. The ESMF details the documentation of power of choice in cases of willing-seller willing-buyer and voluntary land donation (VLD). TORs are to be prepared as environmental requirements of the planning stage in order to assist LGUs to verify if to proceed with concept planning into design, rejection or modification required. TORs could be on EIA, ESIA, IEE, socio-economic studies, etc. The project will follow planning procedures with intrusion of environmental aspects to ensure sustainability, though planning committees shall be aware of the basic guidelines and requirements, further orientation will be conducted. Capacity building in environmental and social considerations are required; however, it should be assessed and defined in details in the assessment stage. EQA stated that this is the first time to integrate environmental and social aspects into the planning and asked to involve their directorate offices as participants in the planning committees. Major notes raised by participants and replied by MDLF: Participants stated that it’s pioneer to utilize environmental and social aspects into planning, and emphasized on willingness to apply it. Participants asked about the procedures, and the MDLF provided additional presentation on using the guidelines, forms. Furthermore, MDLF emphasized that Technical Assistance will support LGUs in environmental and social aspects by the MDLF EO and SO over the project period. Participants emphasized on EQA participation in the planning committees and notified that aligned ministries are part of regional planning committees. Participants emphasized to clarify the role of each LGU, and the refugee camps, and noticed that refugee camps have different laws and regulations to comply with. Participants are willing to introduce environmental and social criteria into planning. All of these points have been incorporated into this revised ESMF as deemed appropriate. Participants are to receive a revised version of the ESMF as soon as draft finalized, where minor changes was incorporated after the public consultation session. CONSULTATION ROUND TWO (Pilot Projects Pre-Design Consultation, 2020) The second public consultation sessions were conducted in October, November, and December 2020 for the five targeted urban areas in West Bank and Gaza Strip. For each consultation session, different institutions and representatives were invited such as municipalities, ministries, NGOs of women and disabled people, youth groups, and representatives of the local community. During each consultation session, a presentation about the pilot project was provided; it includes the general overview of the pilot project components, layouts, and the GRM channels. Consultations were carried out physically with taking into consideration all the measures of COVID 19 upon the MoH guidelines (social distancing, wearing masks, and disinfection …etc), but only Ramallah and Al-Bireh workshop was carried out virtually. The following points are the summary of discussed points, as well examples of the invitation, list of invited institutions, and images are attached. 1. Gaza (Date: Oct. 26th, 2020): The needs of developing were discussed as follows: o Building a fence on the western side of the garden in place of the fence damaged by the destruction of the adjacent land in 2008. o Maintenance, renovation and increase of the number of garden toilets units. o Providing families sitting places includes covered chairs and tables to protect from sunlight and stormwater and equipped with points for charging mobile devices. o Planning and arranging parking around the park. o Providing the park with kiosks in the eastern section next to the Qattan Center to serve as a sales points for food, drinks, gifts, paintings, …etc. o Provide billboards for park activities during the weekdays. o Providing the fountain area with multi-colored lighting, increasing the lighting elements of the park, and providing it with a water pump and some water games. o Adding outdoor children's games to the yards of the garden and adding games that suit all ages of children. o Rehabilitation of the park for people with special needs, including corridors, seating areas and toilets. o Surveillance camera systems and guard rooms at the gates to provide safety for the peoples inside the park. o The park capacity should be taken into consideration when adding a food court that lead to a gathering of age groups instead of other ages. o Adapt the development process to people with handicaps. 2. Bethlehem (Date: Nov. 5th, 2020): The following table presents the raised issues and the answers, and also additional comments are presented at the end of the table. Issues Answers ▪ The Cardboard and paper are The most effective method is sorting waste at sensitive and it has to be well source and then transfer it to the recycling sorted and compacted before facility. selling. ▪ The mechanisms of Cardboard The private sector has lots of interest in the marketing to the private sector. cardboard market, but first it has to be well sorted and treated before selling. There is also an interest to sell the carboard to aboard market. ▪ The importance of the public According to the project’s components, the awareness campaign and public awareness campaign will be done in community’s behavior change parallel with the rehabilitation of the sorting before implementing the project. facility. A high participation of the local community to ensure the success of the project. ▪ The sustainability of the process The project is sustained very well, it funds in such projects, if there are no itself by selling the compacted cardboard and more funds. there is no need for additional funds once the recycling facility is ready. Additional comments: ▪ The health departments in the municipalities are ready to cooperate through their health workers to the success of the project. ▪ There is a need to create an efficient collection calendar of the sorted cardboard and paper. ▪ Special waste containers shall be provided at site to facilitate the sorting process. ▪ The existing initiatives for the private companies that generates carboards, like Nestle company that are interested in the final result of the sorting and recycling process. 3. Ramallah-Al-Bireh (Date: Oct. 28th, 2020): The following table presents the raised issues and the answers of the workshop Issues Answers The elements of design must include green Greenery is main element in the design elements according to the TOR The design must take into consideration that According to the TOR; elements for safety will large number of users will be school be main elements in the design like rails, traffic students and must provide safety elements. calming measures, pedestrian crossings, etc. In the same time there is a good work of building the awareness of this group towards preserving public assets like the public spaces and their elements, the schools will play a main role in this process. The design could provide some elements for According to the TOR part of the elements will the children like small playing areas. be the needed furniture to create friendly place for pedestrian. There will be field visits to investigate the opportunity of places and whatever is suitable for each case, we want to be optimistic but more real, not to forget that we are dealing with limited R.O.W of streets that are the main public assets that could be used to implement such concept of (pedestrian friendly) and limited plazas owned by the LGUs, but at the end we want to create a place that could be described as friendly for all groups of users. The young people could provide any This will be taken into consideration in the voluntary work needed to achieve the following steps, and this meeting is not the objectives only one, there will be the same meetings in the planning and design process, the planning for such gatherings will need the help of such energetic group. The pilot project is requested to be The design will take into consideration the compatible with the disabled people needs needs of the disabled people. in all of streets, signs, traffic lights …etc. 4. Nablus (Date: Oct. 25th, 2020) The following table presents the raised issues and the answers of the workshop Issues Answers Commented on the car violations against According to the project implementation disabled parking places and bus stops and methodology, the design will consider all shelters. Could the disabled people have the kinds of disabilities and inform the design opportunity to participate in the design through disabled organizations. process for bus stops and shelters? The signs and information at the bus stop should consider different disabilities, including visual and hearing impairments. The quality of materials used for the bus The materials that will be used in the project stops and shelters should be of high quality, must be of high quality, and an agreement secure endurance, and reduce maintenance with the local authorities should be stipulated costs. for the maintenance of the accomplished infrastructures after the handover to the LGUs to secure sustainability, in addition to the warranty period that will be offered by the construction and provider firm. The importance of the people's awareness on The project will cover part of the needs in this mobility issues and not forget the importance sector, and as a Pilot, it would not resolve the of the rehabilitation of the bus terminals and infrastructural problems of the sector in the other public transportation and mobility urban area, but this project could be a start for infrastructures in Nablus urban area. similar interventions to the benefit of the urban area in the future. Asked if there will be other similar The pilot projects are intended to launch the interventions in the area, especially for development of the proposed regional growth Azmout village, and they need support for frameworks under which metropolitan level building a public park, and other needs. investments can be substantiated and funded, demonstrating to municipal leaders, communities, and private sector investors the benefits of joint planning for sustainable urban growth, developing buy-in and a sense of ownership for the joint planning process and facilitating coordination between the LGUs. The pilot projects should strengthen each of the urban areas' capacity to plan sustainable urban growth and be a stimulus for further investment. Asked about the implementation on the The study proposed several connecting roads ground of connecting roads proposed by the that will improve road connectivity between study of the Analysis of Transport the LGUs of the urban area. The Development in Hebron and Nablus Urban implementation on the ground could be done Areas' (2018). through the infrastructural projects that the government, local entities, or any interested party should implement in the future. 5. Hebron (Date: Dec. 6th, 2020) The following needs and recommendations were discussed as follows: 1. Prepaid counters for cars: to consider that these counters are not located in front of shops, or to have special offer for shops. 2. Greening of the proposed sites: Greening of the selected sites is recommended as much as possible for beautification these sites. 3. Architecture design: All selected sites are recommended to have the same pattern of design. 4. Lanes of large haulers: It is recommended to study the possibility of determination a specific lane for large haulers especially in Halhul as part of the traffic design. 5. Middle street islands vs area of lanes: It is recommended to expand the area of lanes and decrease the width of islands. 6. Passage of pedestrian should be taken into consideration. 7. Design should be compatible with the disables people needs. Example of a sent invitation (Ramallah and Al-Bireh) Example of a sent invitation (Bethlehem) Nablus Workshop Bethlehem Workshop Ramallah-Al-Bireh workshop (Virtual) Gaza Workshop Hebron Workshop Images of the consultation workshops in each urban area (Oct.– Nov. – Dec. 2020) List of Attendees (First Round Consultations, 2016) List of invited institutions/Attendees for each Urban Area (Second Round Consultations, 2020) Gaza Invited List Ramallah -Al-Bireh List of Invitations Invited list Attended list Nablus List of Attendees Bethlehem List of Attendees ‫‪Hebron List of Attendees‬‬ ‫طبيعة العالقة‬ ‫الجهة‬ ‫االسم‬ ‫رئيس البلدية‬ ‫بلدية دورا‬ ‫احمد سلهوب‬ ‫‪1‬‬ ‫دائرة العمل النسوي‪ -‬دورا‬ ‫وزارة اوقاف دورا‬ ‫يسرى بدوي عليان‬ ‫‪2‬‬ ‫رئيس مؤسسة ملتقى سواعد‬ ‫مجتمع مدني‬ ‫امين يونس خالف‬ ‫‪3‬‬ ‫مسؤول قسم المرور‬ ‫بلدية دورا‬ ‫محمد ياسر ربعي‬ ‫‪4‬‬ ‫دائرة التخطيط والتطوير‬ ‫بلدية دورا‬ ‫مريم النمورة‬ ‫‪5‬‬ ‫مدير دائرة التخطيط والتطوير‬ ‫بلدية دورا‬ ‫مريم أبو عطوان‬ ‫‪6‬‬ ‫دائرة التخطيط والتطوير‬ ‫بلدية دورا‬ ‫صفاء أبو صالح‬ ‫‪7‬‬ ‫مواطن‪ -‬مجاور للمشروع‬ ‫مجتمع محلي‬ ‫عبد المجيد دسة‬ ‫‪8‬‬ ‫مدير دائرة نظم المعلومات الجغرافية‬ ‫بلدية الخليل‬ ‫روان أبو عيشة‬ ‫‪9‬‬ ‫دائرة التخطيط والدراسات‬ ‫بلدية الخليل‬ ‫محمد توفيق امريش‬ ‫‪10‬‬ ‫مدير وحدة التنمية االقتصادية المحلية‬ ‫بلدية تفوح‬ ‫حرب محمود رزيقات‬ ‫‪11‬‬ ‫مهندس ‪ -‬قسم مساحة‬ ‫بلدية تفوح‬ ‫حمزة رزق خمايسة‬ ‫‪12‬‬ ‫موظف‪ -‬قسم االدارة‬ ‫بيت كاحل‬ ‫فايز احمد عطاونة‬ ‫‪13‬‬ ‫مهندس‪ -‬دائرة الهندسة‬ ‫بلدية بيت كاحل‬ ‫رائد جهاد العصافرة‬ ‫‪14‬‬ ‫مواطن‪ -‬مجاور للمشروع‬ ‫مجتمع محلي‬ ‫محمد بدوي زهور‬ ‫‪15‬‬ ‫مواطن‪ -‬مجاور للمشروع‬ ‫مجتمع محلي‬ ‫خليل علي العطاونة‬ ‫‪16‬‬ ‫نائب رئيس البلدية‬ ‫بلدية حلحول‬ ‫جهاد أبو عصبة‬ ‫‪17‬‬ ‫مهندسة زراعية‬ ‫بلدية حلحول‬ ‫دعاء شاهين‬ ‫‪18‬‬ ‫نادي نسوي حلحول‬ ‫مجتمع مدني‬ ‫زهرة يوسف الكرجة‬ ‫‪19‬‬ ‫نادي نسوي حلحول‬ ‫مجتمع مدني‬ ‫جهاد محمد دودة‬ ‫‪20‬‬ ‫نادي شباب حلحول‬ ‫مجتمع مدني‬ ‫ريم عماد الوحوش‬ ‫‪21‬‬ ‫مجلس محلي شبابي حلحول‬ ‫مجتمع مدني‬ ‫اصالة زهير أبو ريان‬ ‫‪22‬‬ ‫مسؤول قسم الشباب‬ ‫بلدية حلحول‬ ‫مؤمن محمد القشقيش‬ ‫‪23‬‬ ‫مجلس محلي شبابي حلحول‬ ‫مجتمع مدني‬ ‫محمود يونس سراحنة‬ ‫‪24‬‬ ‫قسم الهندسة‬ ‫بلدية حلحول‬ ‫رغد عابد‬ ‫‪25‬‬ ‫مدير البلدية‬ ‫بلدية حلحول‬ ‫هاني مرعب‬ ‫‪26‬‬ Annex 4: Sample Outline of Environmental and Social Management Plan Guidelines for ICUD TA ESMP: An ESIA is needed for EA category B projects in order to identify the potential impacts and appropriate mitigation measures to be included in the ESMP. Any ICUD TA ESMP would have the following format: 1. Project Description. 2. Description of Adverse Impacts: The anticipated impacts are identified and summarized. 3. Description of Mitigation Measures: Each measure is described with reference to the effects it is intended to deal with. As needed, detailed plans, designs, equipment description, and operating procedures are described. 4. Mitigation Indicators and Description of Monitoring Program: Monitoring provides information on the occurrence of impacts. It helps identify how well mitigation measures are working, and where better mitigation may be needed. The monitoring program should identify what information will be collected, how, where and how often. It should also indicate at what level of effect there will be a need for further mitigation. How environmental impacts are monitored is discussed below. 5. Monitoring methods: Methods for monitoring the implementation of mitigation measures or environmental impacts should be as simple as possible, consistent with collecting useful information, so that the sub project implementer can apply them. For instance, they could just be regular observations of the sub project activities or sites during construction and then when in use. Are plant/equipment being maintained and damages repaired, does a water source look muddier/cloudier different than it should, if so, why and where is the potential source of contamination. Most observations of inappropriate behavior or adverse impacts should lead to common sense solutions. In some case, there may be need to require investigation by a technically qualified person. 6. Responsibilities: The people, groups, or organizations that will carry out the mitigation and monitoring activities are defined, as well as to whom they report and are responsible. There may be a need to train people to carry out these responsibilities, and to provide them with equipment and supplies. 7. Implementation Schedule: The timing, frequency and duration of mitigation measure and monitoring are specified in an implementation schedule, and linked to the overall sub project schedule. 8. Capacity Development and Training: If necessary, the ESMP can recommend specific, targeted training for project staff, contractor, and community groups to ensure the implementation of environmental safeguards recommendations. 9. Cost Estimates and Source of Funds: These are specified for the mitigation and monitoring activities as a sub project is implemented. 10. Integration: The ESMP must be integrated into the TA/feasibility studies planning and design, budget, specifications, estimated costs, bid documents, and contract/agreements clauses. Contract documents should only be finalized when site-specific ESMP recommendations are adequately and appropriately incorporated into the plan and design, cost estimates, specifications, and contract clauses. Annex 5: Recommended Resettlement Policy Framework (RPF) Contents The below describes the main elements of a Resettlement Policy Framework (RPF) taken from the World Bank Resettlement Sourcebook (2004), which should be consulted for more details on the preparation of an RPF.6 The scope and level of detail of the framework vary with the magnitude and complexity of resettlement. The framework is based on up-to-date and reliable information about (a) the proposed resettlement and its impacts on the displaced persons and other adversely affected groups, and (b) the legal issues involved in resettlement. The resettlement framework covers the elements below, as relevant. When any element is not relevant to project circumstances, it should be noted in the Resettlement Framework. 1. Description of the project. General description of the project and identification of the project area. 2. Potential impacts. Identification of: (a) the project component or activities that give rise to resettlement; (b) the zone of impact of such component or activities; (c) the alternatives considered to avoid or minimize resettlement; and (d) the mechanisms established to minimize resettlement, to the extent possible, during project implementation. 3. Objectives. The main objectives of the resettlement program. 4. Socioeconomic studies. The findings of socioeconomic studies to be conducted in the early stages of project preparation and with the involvement of potentially displaced people, including (a) the results of a census survey covering (i)current occupants of the affected area to establish a basis for the design of the resettlement program and to exclude subsequent inflows of people from eligibility for compensation and resettlement assistance; (ii) standard characteristics of displaced households, including a description of production systems, labor, and household organization; and baseline information on livelihoods (including, as relevant, production levels and income derived from both formal and informal economic activities) and standards of living (including health status) of the displaced population; (iii) the magnitude of the expected loss—total or partial—of assets, and the extent of displacement, physical or economic; (iv) information on vulnerable groups or persons as provided for in OP 4.12, para. 8, for whom special provisions may have to be made; and (v) provisions to update information on the displaced people’s livelihoods and standards of living at regular intervals so that the latest information is available at the time of their displacement. (b) Other studies describing the following (i) land tenure and transfer systems, including an inventory of common property natural resources from which people derive their livelihoods and sustenance, non-title-based usufruct systems (including fishing, grazing, or use of forest areas) governed by local recognized land allocation mechanisms, and any issues raised by different tenure systems in the project area; (ii) the patterns of social interaction in the affected communities, including social networks and social support systems, and how they will be affected by the project; (iii) public infrastructure and social services that will be affected; and 6 For more information on content of an RPF, please see page 27 of the Involuntary Resettlement Sourcebook (2004) at http://wwwwds.worldbank.org/external/default/WDSContentServer/WDSP/IB/2004/10/04/000012009_20041004165645/Re ndered/PDF /301180v110PAPE1ettlement0sourcebook.pdf. 75 (iv) social and cultural characteristics of displaced communities, including a description of formal and informal institutions (e.g. community organizations, ritual groups, nongovernmental organizations [NGOs]) that may be relevant to the consultation strategy and to designing and implementing the resettlement activities. 5. Legal framework. The findings of an analysis of the legal framework, covering (a) the scope of the power of eminent domain and the nature of compensation associated with it, in terms of both the valuation methodology and the timing of payment; (b) the applicable legal and administrative procedures, including a description of the remedies available to displaced persons in the judicial process and the normal timeframe for such procedures, and any available alternative dispute resolution mechanisms that may be relevant to resettlement under the project; (c) relevant law (including customary and traditional law) governing land tenure, valuation of assets and losses, compensation, and natural resource usage rights; customary personal law related to displacement; and environmental laws and social welfare legislation; (d) laws and regulations relating to the agencies responsible for implementing resettlement activities; (e) gaps, if any, between local laws covering eminent domain and resettlement and the Bank’s resettlement policy, and the mechanisms to bridge such gaps; and (f) any legal steps necessary to ensure the effective implementation of resettlement activities under the project, including, as appropriate, a process for recognizing claims to legal rights to land—including claims that derive from customary law and traditional usage (see OP 4.12, para. 15b). 6. Institutional framework. The findings of an analysis of the institutional framework covering (a) the identification of agencies responsible for resettlement activities and NGOs that may have a role in project implementation; (b) an assessment of the institutional capacity of such agencies and NGOs; and (c) any steps that are proposed to enhance the institutional capacity of agencies and NGOs responsible for resettlement implementation. 7. Eligibility. Definition of displaced persons and criteria for determining their eligibility for compensation and other resettlement assistance, including relevant cutoff dates. 8. Valuation of and compensation for losses. The methodology to be used in valuing losses to determine their replacement cost; and a description of the proposed types and levels of compensation under local law and such supplementary measures as are necessary to achieve replacement cost for lost assets. 9. Resettlement measures. A description of the packages of compensation and other resettlement measures that will assist each category of eligible displaced persons to achieve the objectives of the policy (see OP 4.12, para. 6). In addition to being technically and economically feasible, the resettlement packages should be compatible with the cultural preferences of the displaced persons, and prepared in consultation with them. 10. Site selection, site preparation, and relocation. Alternative relocation sites considered and explanation of those selected, covering: (a) institutional and technical arrangements for identifying and preparing relocation sites, whether rural or urban, for which a combination of productive potential, locational advantages, and other factors is at least comparable to the advantages of the old sites, with an estimate of the time needed to acquire and transfer land and ancillary resources; (b) any measures necessary to prevent land speculation or influx of ineligible persons at the selected sites; (c) procedures for physical relocation under the project, including timetables for site preparation and transfer; and 76 (d) legal arrangements for regularizing tenure and transferring titles to resettles. 11. Housing, infrastructure, and social services. Plans to provide (or to finance resettlers’ provision of) housing, infrastructure (e.g., water supply, feeder roads), and social services (e.g., schools, health services);4 plans to ensure comparable services to host populations; any necessary site development, engineering, and architectural designs for these facilities. 12. Environmental protection and management. A description of the boundaries of the relocation area; and an assessment of the environmental impacts of the proposed resettlement and measures to mitigate and manage these impacts (coordinated as appropriate with the environmental assessment of the main investment requiring the resettlement). 13. Community participation. Involvement of resettles and host communities, including (a) a description of the strategy for consultation with and participation of resettlers and hosts in the design and implementation of the resettlement activities; (b) a summary of the views expressed and how these views were taken into account in preparing the resettlement framework; (c) a review of the resettlement alternatives presented and the choices made by displaced persons regarding options available to them, including choices related to forms of compensation and resettlement assistance, to relocating as individual families or as parts of preexisting communities or kinship groups, to sustaining existing patterns of group organization, and to retaining access to cultural property (e.g. places of worship, pilgrimage centers, cemeteries);6and (d) institutionalized arrangements by which displaced people can communicate their concerns to project authorities throughout planning and implementation, and measures to ensure that such vulnerable groups as indigenous people, ethnic minorities, the landless, and women are adequately represented. 14. Integration with host populations. Measures to mitigate the impact of resettlement on any host communities, including: (a) consultations with host communities and local governments; (b) arrangements for prompt tendering of any payment due the hosts for land or other assets provided to resettlers; (c) arrangements for addressing any conflict that may arise between resettlers and host communities; and (d) any measures necessary to augment services (e.g., education, water, health, and production services) in host communities to make them at least comparable to services available to resettlers. 15. Grievance procedures. Affordable and accessible procedures for third-party settlement of disputes arising from resettlement; such grievance mechanisms should take into account the availability of judicial recourse and community and traditional dispute settlement mechanisms. 16. Organizational responsibilities. The organizational framework for implementing resettlement, including identification of agencies responsible for delivery of resettlement measures and provision of services; arrangements to ensure appropriate coordination between agencies and jurisdictions involved in implementation; and any measures (including technical assistance) needed to strengthen the implementing agencies’ capacity to design and carry out resettlement activities; provisions for the transfer to local authorities or resettlers themselves of responsibility for managing facilities and services provided under the project and for transferring other such responsibilities from the resettlement implementing agencies, when appropriate. 77 17. Implementation schedule. An implementation schedule covering all resettlement activities from preparation through implementation, including target dates for the achievement of expected benefits to resettlers and hosts and terminating the various forms of assistance. The schedule should indicate how the resettlement activities are linked to the implementation of the overall project. 18. Costs and budget. Tables showing itemized cost estimates for all resettlement activities, including allowances for inflation, population growth, and other contingencies; timetables for expenditures; sources of funds; and arrangements for timely flow of funds, and funding for resettlement, if any, in areas outside the jurisdiction of the implementing agencies. 19. Monitoring and evaluation. Arrangements for monitoring of resettlement activities by the implementing agency, supplemented by independent monitors as considered appropriate by the Bank, to ensure complete and objective information; performance monitoring indicators to measure inputs, outputs, and outcomes for resettlement activities; involvement of the displaced persons in the monitoring process; evaluation of the impact of resettlement for a reasonable period after all resettlement and related development activities have been completed; using the results of resettlement monitoring to guide subsequent implementation. 78 Annex 6: Chance Find Procedures Contracts for civil works involving excavations should normally incorporate procedures for dealing with situations in which buried physical cultural resources (PCR) are unexpectedly encountered, as is often the case in West Bank and Gaza. The final form of these procedures will depend upon the local regulatory environment, including any chance find procedures already incorporated in legislation dealing with antiquities or archaeology. For ICUD defined projects, chance finds procedures contain the following elements: 1. PCR Definition In some cases the chance finds procedure is confined to archaeological finds; more commonly it covers all types of PCR. In the absence of any other definition from the local cultural authorities, the following definition could be used: “movable or immovable objects, sites, structures or groups of structures having archaeological, paleontological, historical, architectural, religious, aesthetic, or other cultural significance”. 2. Ownership The identity of the owner of the artifacts found should be ascertained if possible. Depending on the circumstances, the owner could typically be, for example, the state, the government, a religious institution, the landowner, or could be left for later determination by the concerned authorities. 3. Recognition As noted above, in PCR-sensitive areas, recognition and confirmation of the specific PCR may require the contractor to be accompanied by a specialist. A clause on chance finds should be included in every contractor’s specificat ions. 4. Procedure upon Discovery Suspension of Work If a PCR comes to light during the execution of the works, the contractor shall stop the works. Depending on the magnitude of the PCR, the contractor should check with the Ministry of Tourism and Antiquities (MoTA) for advice on whether all works should be stopped, or only the works immediately involved in the discovery, or, in some cases where large buried structures may be expected, all works may be stopped within a specified distance (for example, 50meters) of the discovery. MoTA’s decision should be informed by a qualified archaeologist. After stopping work, the contractor must immediately report the discovery to the Resident Engineer. The contractor may not be entitled to claim compensation for work suspension during this period. The Resident Engineer may be entitled to suspend work and to request from the contractor some excavations at the contractor’s expense if he thinks that a discovery was made and not reported. Demarcation of the Discovery Site With the approval of the Resident Engineer, the contractor is then required to temporarily demarcate, and limit access to, the site. Non-Suspension of Work The procedure may empower the Resident Engineer to decide whether the PCR can be removed and for the work to continue, for example in cases where the find is one coin. Chance Find Report The contractor should then, at the request of the Resident Engineer, and within a specified time period, make a Chance Find Report, recording: · Date and time of discovery; · Location of the discovery; · Description of the PCR; 79 · Estimated weight and dimensions of the PCR; · Temporary protection implemented. The Chance Find Report should be submitted to the Resident Engineer, and other concerned parties as agreed with the cultural authority, and in accordance with Palestinian national legislation. The Resident Engineer, or other party as agreed, is required to inform the cultural authority accordingly. Arrival and Actions of Cultural Authority The cultural authority undertakes to ensure that a representative will arrive at the discovery site within an agreed time such as 24 hours, and determine the action to be taken. Such actions may include, but not be limited to: · Removal of PCR deemed to be of significance; · Execution of further excavation within a specified distance of the discovery point; · Extension or reduction of the area demarcated by the contractor. These actions should be taken within a specified period, for example, 7 days. The contractor may or may not be entitled to claim compensation for work suspension during this period. If the cultural authority fails to arrive within the stipulated period (for example, 24 hours), the Resident Engineer may have the authority to extend the period by a further stipulated time. If the cultural authority fails to arrive after the extension period, the Resident Engineer may have the authority to instruct the contractor to remove the PCR or undertake other mitigating measures and resume work. Such additional works can be charged to the contract. However, the contractor may not be entitled to claim compensation for work suspension during this period. Further Suspension of Work During this 7-day period, the Cultural authority may be entitled to request the temporary suspension of the work at or in the vicinity of the discovery site for an additional period of up to, for example, 30 days. The contractor may, or may not be, entitled to claim compensation for work suspension during this period. However, the contractor will be entitled to establish an agreement with the cultural authority for additional services or resources during this further period under a separate contract with the cultural authority. 80 Annex 7: Sample Environmental Requirements for Contractors Contractor(s) hired for civil works would be required to incorporate applicable environmental mitigation measures. In addition and as applicable, contractors will also adhere to the following requirements that are legally obligated: General: These general environmental guidelines apply to any work to be prepared as part of the ICUD project. For certain work sites entailing specific environmental and/or social issues, a specific Environmental Management Plan (ESMP), has been prepared to address the above-mentioned specific issues in addition to these general environmental guidelines. In addition to these general Environmental Guidelines, the Contractor shall therefore comply with any specific ESMP for the works he is responsible for. The Client about such an ESMP shall inform the Contractor for certain work sites, and prepare his work strategy and plan to fully take into account relevant provisions of that ESMP. If the Contractor fails to implement the approved ESMP after written instruction by the works supervisor to fulfill his obligation within the requested time, the Client reserves the right to arrange for execution of the missing action by a third party on account of the Contractor. Notwithstanding the Contractor’s obligation under the above clause, the Contractor shall implement all measures necessary to avoid undesirable adverse environmental and social impacts wherever possible, restore work sites to acceptable standards, and abide by any environmental performance requirements specified in an ESMP where such an ESMP applies. These Environmental Guidelines, as well as any specific ESMP, apply to the Contractor. They also apply to any sub-contractors present on Project work sites at the request of the Contractor with permission from the Client. General Environmental Protection Measures In general, environmental protection measures to be taken at any work site shall include but not be limited to: (a) Minimize the effect of dust on the environment resulting from earth mixing sites; vibrating equipment, construction related traffic on temporary or existing access roads, etc. to ensure safety, health and the protection of workers and communities living approximately work sites and access roads. (b) Ensure that noise levels emanating from machinery, vehicles and noisy construction activities (e.g. excavation, blasting) comply with Palestinian standards and are generally kept at a minimum for the safety, health and protection of workers within the vicinity of high noise levels and nearby communities. (c) Ensure that existing water flow regimes in rivers, streams and other natural or irrigation channels are maintained and/or re-established where they are disrupted due to works being carried out. (d) Prevent any construction-generated substance, including bitumen, oils, lubricants and wastewater used or produced during the execution of works, from entering into rivers, streams, irrigation channels and other natural water bodies/reservoirs. (e) Avoid or minimize the occurrence of standing water in holes, trenches, borrow areas, etc. (f) Prevent and minimize the impacts of quarrying, earth borrowing, piling and building of temporary construction camps and access roads on the biophysical environment including protected areas and arable lands; local communities and their settlements. Restore and rehabilitate all sites. (g) Upon discovery of graves, cemeteries, cultural sites of any kind, including ancient heritage, relics or anything that might or believed to be of archeological or historical importance during the execution of works, immediately report such findings to the Client (PIA and MoF) so that the Ministry in charge of Culture (Ministry of Tourism and Antiquities (MoTA)) may be expeditiously contacted for fulfillment of the measures aimed at protecting such historical or archaeological resources. 81 (h) Prohibit construction workers from engaging in the exploitation of natural resources such as hunting, fishing, and collection of forest products or any other activity that might have a negative impact on the social and economic welfare of the local communities. Prohibit explicitly the transport of any bush meat in Contractor’s vehicles. (i) Prohibit the transport of firearms in Project-related vehicles. (j) Prohibit the transport of third parties in Project-related vehicles. (k) Implement soil erosion control measures in order to avoid surface run off and prevent siltation, etc. (l) Ensure that garbage, sanitation and drinking water facilities are provided in construction workers camps. (m) Ensure that, in as much as possible, local materials are used to avoid importation of foreign material and long distance transportation. (n) Ensure public safety, and meet Palestinian traffic safety requirements for the operation of work to avoid accidents. (o) Ensure that any trench, pit, excavation, hole or other hazardous feature is appropriately demarcated and signposted to prevent third-party intrusion and any safety hazard to third parties. (p) Comply with Palestinian speed limits, and for any traffic related with construction at F4J sites, comply with the following speed limits unless Palestinian speed limits are lower: Inhabited areas: 50 km/h Open road: 90 km/h. (q) Ensure that, where unskilled daily-hired workforce is necessary, such workers are hired from neighboring communities. (r) Generally comply with any requirements of Palestinian law and regulations. Besides the regular inspection of the sites by the supervisor appointed by the Client for adherence to the Contract conditions and specifications, the Client may appoint an environmental inspector to oversee the compliance with these environmental conditions and any proposed mitigation measures. National or district EQA Officers may carry out similar inspection duties. In all cases, as directed by the Client’s supervisor, the Contractor shall comply with directives from such inspectors. Drilling The Contractor will make sure that any drilling fluid, drilling mud, mud additives, and any other chemicals used for drilling at any construction site complies with Palestinian health and safety requirements. In general, only biodegradable materials will be used. The Contractor may be required to provide the detailed description of the materials he intends to use for review and approval by the Client. Where chemicals are used, further review of these chemicals with respect to the World Bank’s safeguard policy OP 4.09 “Pest Management” should be reviewed, and corrective measures implemented. Drilling fluids will be recycled or disposed of in compliance with Palestinian regulations in an authorized disposal site. If drilling fluids cannot be disposed of in a practical manner, and if land is available near the drilling site that is free of any usage rights, the Contractor may be authorized to dispose of drilling fluids near the drilling site. In this occurrence, the Contractor will be required to provide to the Client due evidence of their total absence of potential environmental impacts, such as leachate tests certified by an agreed laboratory. In this case, drilling fluids will be dried at site, mixed with earth and spread at site. Any site affected by drilling work will be restored to its initial condition. This applies to drilling pads, access roads, staging areas, etc. Topsoil will be stripped ahead of any earthmoving, stored near the construction site, and replaced in its original location after the recontouring of the area affected by the works. Where successive aquifers are intersected by the drilling works and upon order by the work supervisor, the Contractor may be required to take measures to isolate aquifers from contamination by each other. 82 The Contractor will take all measures to avoid bacteriological or chemical contamination of the intersected aquifers by the drilling equipment. Similarly, the Contractor will take all measures to avoid bacteriological or chemical contamination of the intersected aquifers from the surface by providing an adequately sealed wellhead. When greasing drilling equipment, the Contractor will avoid any soil contamination. In the event of a limited hydrocarbon spill, the Contractor will recover spilled hydrocarbons and contaminated soils in sealed drums and dispose of them in an authorized waste management facility. Unless duly requested by the Contractor and authorized by the supervisor, no servicing of drilling equipment or vehicles is permitted at the drilling site. Pipelines No trench shall be left open for more than 7 days, unless duly authorized by the supervisor upon Contractor’s request. Trenches and other excavation works shall be demarcated and/or signposted to avoid third party intrusion. General conditions related with topsoil stripping, storage and restoration apply. The Contractor will take measures to dispose of water used for pressure tests in a manner that does not affect neighboring settlements. Waste Management All drums, containers, bags, etc. containing oil/fuel/surfacing materials and other hazardous chemicals shall be stored at construction sites on a sealed and/or bonded area in order to contain potential spillage. All waste containers, litter and any other waste generated during the construction shall be collected and disposed of at designated disposal sites in line with applicable Palestinian government waste management laws/regulations. In this aspect, it is not to allow the use on any asbestos containing material, which shall be clearly stated in the specifications, bidding documents and the contract. All drainage and effluent from storage areas, workshops, housing quarters and generally from campsites shall be captured and treated before being discharged into the drainage system in line with applicable government water pollution control regulations. Used oil from maintenance shall be collected, properly stored in sealed containers, and either disposed of appropriately at designated sites or be re-cycled. Entry of runoff into construction sites, staging areas, campsites, shall be restricted by constructing diversion channels or holding structures such as berms, drains, dams, etc. to reduce the potential of soil erosion and water pollution. Construction waste shall not be left in stockpiles along the road, but removed and reused or disposed of on a daily basis. Where temporary dump sites for clean excavated material are necessary, they shall be located in areas, approved by the Client’s supervisor, where they will not result in supplemental erosion. Any compensation related with the use of such sites shall be settled prior to their use. 83 The supervisor and appropriate local and/or relevant national or local authorities before the commencement of work shall approve areas for temporary storage of hazardous materials such as contaminated liquid and solid materials. Disposal of such waste shall be in existing, approved sites. Quarries and Borrow Areas Any construction material collected and transported to sites will be sourced from registered quarry sites that align with environmental regulations and all usage regulations relevant to Palestine. The Contractor shall obtain appropriate licenses/permits from relevant authorities to operate quarries or borrow areas. The location of quarries and borrow areas shall be subject to review and approval by relevant local and national authorities New extraction sites: a) Shall not be located less than 1km from settlement areas, archaeological areas, and cultural sites – including churches and cemeteries, wetlands or any other valued ecosystem component, or on high or steep ground. b) Shall not be located in water bodies, or adjacent to them, as well as to springs, wells, well fields. c) Shall not be located in or near forest reserves, natural habitats or national parks. d) Shall be designed and operated in the perspective of an easy and effective rehabilitation. Areas with minimal vegetation cover such as flat and bare ground, or areas covered with grass only or covered with shrubs less than 1.5m in height, are preferred. e) Shall have clearly demarcated and marked boundaries to minimize vegetation clearing and safety hazards for third parties. The licensing/permitting for operating quarries, borrow areas, and new extraction sites shall comply with the World Bank Safeguard Policy OP/BP 4.12 and shall include the above provisions. Related environmental and social impacts of the licensing/permitting process are to be considered in the screening of the ICUD subprojects. Vegetation clearing shall be restricted to the area required for safe operation of construction work. Vegetation clearing shall not be done more than two months in advance of operations. Stockpile areas shall be located in areas where trees or other natural obstacles can act as buffers to prevent dust pollution, and generally at a distance from human settlements. Wind shall be taken into consideration when siting stockpile areas. Perimeter drains shall be built around stockpile areas. The Contractor shall deposit any excess material in accordance with the principles of these guidelines, and any applicable ESMP, in areas approved by local authorities and/or the supervisor. Rehabilitation of Work and Camp Sites Topsoil shall be stripped, removed and stored for subsequent rehabilitation. Soils shall not be stripped when they are wet. Topsoil shall not be stored in large or high heaps. Low mounds of no more than 1 to 2m high are recommended. Generally, rehabilitation of work and campsites shall follow the following principles: - To the extent practicable, reinstate natural drainage patterns where they have been altered or impaired. 84 - Remove toxic materials and dispose of them in designated sites. Backfill excavated areas with soils or overburden that is free of foreign material that could pollute groundwater and soil. - Ensure reshaped land is formed to be stable, adequately drained and suitable for the desired long-term land use, and allow natural regeneration of vegetation. - Minimize erosion by wind and water both during and after the process of reinstatement. - Compacted surfaces shall be deep ripped to relieve compaction unless subsurface conditions dictate otherwise. Management of Water Needed for Construction Purposes The Contractor shall at all costs avoid conflicting with water needs of local communities. To this effect, any temporary water abstraction for construction needs from either ground or surface water shall be submitted to the following community consultation process: - Identification of water uses that may be affected by the planned water abstraction, - Consultation with all identified groups of users about the planned water abstraction, - In the event that a potential conflict is identified, report to the supervising authority. This consultation process shall be documented by the Contractor (minutes of meeting) for review and eventual authorization of the water withdrawal by the Client’s supervisor. Abstraction of both surface and underground water shall only be done with the consultation of the local community as mentioned and after obtaining a permit from the relevant authority. Abstraction of water from wetlands is prohibited. Temporary damming of streams and rivers is submitted to approval by the supervisor. It shall be done in such a way as to avoid disrupting water supplies to communities downstream, and to maintain the ecological balance of the river system. No construction water containing spoils or site effluent, especially cement and oil, shall be allowed to flow into natural water drainage courses. Similarly, wash water from washing out of equipment shall not be discharged into watercourses or road drains. Washing bays shall be sited accordingly. Unless site conditions are not favorable, it will generally be infiltrated through soak pits or similar. Site spoils and temporary stockpiles shall be located away from the drainage system, and surface run off shall be directed away from stockpiles to prevent erosion. Traffic Management and Community Safety Location of temporary access roads shall be done in consultation with the local community and based on the screening results, especially in important or sensitive environments. Temporary access roads shall not traverse wetland areas or other ecologically sensitive areas. The construction of any access roads shall be submitted to a prior consultation process with potentially affected communities that will have to be documented (minutes of meetings) for supervisor’s review and approval. Upon the completion of civil works, all temporary access roads shall be ripped and rehabilitated. Measures shall be taken to suppress dust emissions generated by Project traffic. 85 Maximum speed limits for any traffic related with construction at STDP sites shall be the following, unless Palestinian speed limits are locally lower: - Inhabited areas: 50 km/h - Open road: 90 km/h. Salvaging and Disposal of Obsolete Components Found by Rehabilitation Works Obsolete materials and construction elements such as electro-mechanical equipment, pipes, accessories and demolished structures shall be salvaged and disposed of in a manner approved by the supervisor. The Contractor has to agree with the supervisor that elements are to be surrendered to the Client’s premises, which will be recycled or reused, and which will be disposed of at approved landfill sites. Any asbestos cement material that might be uncovered when performing rehabilitation works will be considered as hazardous material and disposed of in a designated facility. Damage to Property However, in the event that the Contractor, deliberately or accidentally, damages property, he shall repair the property to the owner’s satisfaction and at his own cost. For each repair, the Co ntractor shall obtain from the owner/user a certificate that the damage has been made good satisfactorily in order to indemnify the Client from subsequent claims. Contractor’s Health, Safety and Environment Management Plan (HSE-MP) Within 6 weeks of signing the Contract, the Contractor shall prepare an HSE-MP to ensure the adequate management of the health, safety, environmental and social aspects of the works, including implementation of the requirements of these general conditions and any specific requirements of an ESMP for the works. The Contractor’s EHS-MP will serve two main purposes: The Contractor’s HSE-MP shall provide at least: - a description of procedures and methods for complying with these general environmental management conditions, and any specific conditions specified in an ESMP; - a description of specific mitigation measures that will be implemented in order to minimize adverse impacts; - a description of all planned monitoring activities and the reporting thereof; and - the internal organizational, management and reporting mechanisms put in place for such. The Contractor’s HSE-MP will be reviewed and approved by the Client before start of the works. This review should demonstrate if the Contractor’s HSE-MP covers all of the identified impacts, and has defined appropriate measures to counteract any potential impacts. HSE Reporting The Contractor shall prepare bi-monthly progress reports to the Client on compliance with these general conditions, the project ESMP if any, and his own HSE-MP. The Contractor’s reports will include information on: - HSE management actions/measures taken, including approvals sought from local or national authorities; - Problems encountered in relation to HSE aspects (incidents, including delays, cost consequences, etc. as a result thereof); - Non-compliance with contract requirements on the part of the Contractor; - Changes of assumptions, conditions, measures, designs and actual works in relation to HSE aspects; and - Observations, concerns raised and/or decisions taken with regard to HSE management during site meetings. 86 The reporting of any significant HSE incidents shall be done as soon as practicable. Such incident reporting shall therefore be done individually. The Contractor should keep his own records on health, safety and welfare of persons, and damage to property. It is advisable to include such records, as well as copies of incident reports, as appendixes to the bi-monthly reports. Details of HSE performance will be reported to the Client. Labor Management The bidding documents will include specific OHS standard requirements that all contractors and sub-contractors will meet under the Project. The standards will be consistent with local labor laws and regulations, WBG EHS guidelines and GIIP (Good International and Industry Practices) on child labor and SEA/SH . The contractor shall provide all the labors rights such as coverage of insurance, provision of a safe environment for work, and provision the required of PPE. Workers under 18 years old will not be accepted to work with contractors and access to the construction sites, as well all of workers should be oriented about the code of conduct and its content prior the start of work; Codes of Conducts and provisions related to SEA/SH shall be incorporated into the bidding documents. Contractors will be requested to decrease the labor influx from different governorates, but to hire local workers as well as they can. Contactors shall develop and implement grievance mechanism for workers including special channels for receiving and handling GBV, sexual harassment and sexual exploitation and abuse complaints. Training of Contractor’s Personnel The Contractor shall provide sufficient training to his own personnel to ensure that they are all aware of the relevant aspects of these general conditions, any project ESMP, and his own HSE-MP, and are able to fulfill their expected roles and functions. Specific training will be provided to those Employees that have particular responsibilities associated with the implementation of the HSE-MP. The Client will document training activities for potential review Penalties Associated with Contractor Non-Compliance The next page gives a template for how to record and inform the project contractor of HSE-MP related noncompliance issues, as well as a suggested penalty program to be included in bidding documents and contracts. Environmental and Social Note No ( ) Municipality Date Project Name Site Location Contractor The Environmental Note Municipality Supervisor /Engineer Local Technical Consultant Contractor Representative on time of note Submitted to Contractor Representative Submitted to MDLF on Hour Date 87 ESMF Compliance Penalty 7 no Environmental and Penalty Social Note 1 1 Stop/Alert 8 2 2 Stop /Deduct 0.05% for each mitigation measure according to the project. and minimum 20 Euro 3 3 Stop /Deduct 0.05% for each mitigation measure according to the project. and minimum 20 Euro 4 4 Stop /Deduct 0.1% for each mitigation measure according to the project. and minimum 40 Euro 5 4+1 Each 3 notes + deduction: For example: Stop /Deduct 0.1%+0.5(0.1%) for each mitigation measure according to the project. and minimum 60Euro If Penalties Rate approach 3% of Contract cost its recommended to stop work, and send official request to MDLF of the proposed action according to bidding documents and procurement manual. 7 For Social issues only item number 1 is applied. 8 Detailed mitigation measures noncompliance cost is to be depicted in the Bidding Documents based on the project sector and upon screening and review. 88 ‫‪Appendix 1. COVID-19 Commitment Letter‬‬ ‫‪APPENDIX (1) shows commitment letter includes list of MoH measures regarding to COVID 19.‬‬ ‫‪The Contactor’s Covid-19 Commitment letter provides measures, during the project implementation, to minimize‬‬ ‫‪exposure of workers to COVID-19 risks, this is in reference to WHO and Ministry of Health Regulations (i.e‬‬ ‫‪physical distancing, wearing PPE’s, sanitization and hygiene, clearing of work offices, and induct workers on proper‬‬ ‫‪on measure). It should be signed by the contractor and it should be committed. It will be considered as an annex to‬‬ ‫‪the ESMP.‬‬ ‫تعهد المقاول اإلمتثال إلجراءات الحد من إنتشار وباء كوفيد ‪19‬‬ ‫التاريخ‪......................... :‬‬ ‫رقم المشروع‪.......................................................... :‬‬ ‫اسم العقد‪.......................................................... :‬‬ ‫في ظل تطور الحالة الوبائية ومن منطلق الحرص على صحة العمال والمهندسين والصحة العامة للسكان‪ ،‬أقر أنني سأقوم بتطبيق كل‬ ‫ما ورد في البروتوكوالت الصحية الصادرة عن وزارة الصحة الفلسطينية‪/‬منظمة الصحة العالمية فيما يخص مكافحة وباء كوفيد ‪19‬‬ ‫والحد من إنتشاره‪ ،‬وأنني على أتم اإلستعداد لتطبيق أي بروتوكوالت جديدة صادرة من ذات الجهات المختصة خالل فترة العمل‪ .‬كما‬ ‫أنني أقر أنني سألتزم بتطبيق اإلجراءات التالية كملحق لخطة اإلدارة البيئية واإلجتماعية للمشروع‪ ،‬وأن عدم اإلمتثال ألي من هذه‬ ‫اإلجراءات يستوجب اإلنذار البيئي كما هو موضح في خطة اإلدارة البيئية واإلجتماعية للمشروع‪:‬‬ ‫‪ .1‬تقسيم المهندسين والعمال إلى فرق عمل ثابتة وعدم التبادل بين الفرق (فرق عمل على شكل مجموعات) على ان ال تجتمع الفرق‬ ‫في أن واحد‪ ،‬ويكون هناك مدة زمنية بين دخول وخروج الفرق المختلفة‪ .‬كما يجب أن يتم تحديد أدوات خاصة لكل فريق من فرق‬ ‫العمل وعدم تبادل األدوات بين الفرق‪.‬‬ ‫‪ .2‬يجب توفير أماكن للنظافة الشخصية إلستخدامها من قبل العمال بعد اإلنتهاء من العمل‪ .‬حيث يجب أن يتم تعقيم هذه األماكن بشكل‬ ‫يومي‪.‬‬ ‫‪ .3‬يجب إغالق موقع العمل ‪ 48‬ساعة على األقل في حال ظهور حاالت إصابة بين العمال بفايروس كورونا‪.‬‬ ‫‪ .4‬التأكيد على نظافة وتعقيم موقع العمل والمكاتب‪ ،‬وذلك بإستخدام المطهرات بشكل دوري (بمعدل ‪ 3‬مرات بالحد األدنى يوميا)‪.‬‬ ‫كما يجب تطهير األسطح األكثر تالمسا مثل مقابض األبواب بشكل دوري‪.‬‬ ‫‪ .5‬تدريب وتثقيف وتوعية جميع العاملين (الطاقم الفني والعمال) على طرق الوقاية الشخصية‪ ،‬وطرق إنتقال العدوى والتعريف بطبيعة‬ ‫المرض وكيفية التعايش مع اإلجراءات الموصى بها‪ .‬و يجب التعميم على جميع العمال بضرورة التبليغ في حال ظهور أعراض‬ ‫على أي من أفراد عائالتهم‪.‬‬ ‫‪ .6‬على جميع العاملين (مهندسين وعمال) إرتداء اللبس الواقي بشكل كامل بما فيها الكمامة‪ ،‬وكذلك توفير المطهرات والكحول الالزمة‬ ‫لهم بشكل يومي‪ ،‬حيث يعتبر توفير اللبس الواقي والمطهرات من مسئولية المقاول وليس العامل‪.‬‬ ‫‪89‬‬ ‫‪ .7‬يمنع تشغيل العمال دون السن (‪ 18‬عام) وكبار السن التي تزيد أعمارهم عن (‪ 60‬عام)‪ .‬كما يجب عدم تشغيل أي من العاملين الذين‬ ‫تظهر عليهم أعراض مرضية مثل (سعال‪ ،‬عطس‪ ،‬حمى ‪....‬إلخ)‪.‬‬ ‫‪ .8‬يجب أن يتم تشغيل العمال في األعمال اإلنشائية من نفس المحافظة‪ ،‬ويتم اإلستعانة فقط باإلستشاريين من خارج المحافظة‪ .‬وكذلك‬ ‫يجب أن ال يتم تشغيل العمال الذين يسكنون في مناطق مصنفة موبوءة إال بعد تغيير التصنيف لمنطقة السكن‪.‬‬ ‫‪ .9‬يجب عدم إستخدام الحافالت لنقل العمال إال في حالة الضرورة القصوى‪ ،‬وفي حال اإلستخدام أال يزيد عدد الركاب عن ثلث عدد‬ ‫المقاعد‪.‬‬ ‫‪ .10‬يجب عدم تجمع العمال لتناول الطعام والشراب مع بعضهم البعض‪ ،‬وكذلك يجب عليهم إستخدام أدوات الطعام والشراب ذات‬ ‫اإلستخدام الواحد (كبايات‪ ،‬صحون ‪...‬إلخ) وتوفير سالت نفايات في الموقع تتناسب مع عدد العمال‪.‬‬ ‫‪ .11‬يجب ترك مسافة بين العاملين ال تقل عن ‪ 2‬م وعدم مصافحة العمال لبعضهم البعض تحت أي ظرف‪ ،‬واإللتزام بأداب العطس من‬ ‫خالل تغطية الفم واألنف‪ ،‬والمحافظة على عدم لمس األعين والفم واألنف والتي ممكن أن تكون ملوثة‪.‬‬ ‫‪ .12‬توفير التباعد المكاني بين مكتب اإلشراف ومكتب المقاول‪ ،‬وتهوية األماكن بشكل جيد لضمان تجديد الهواء داخل المكاتب‪ .‬كما‬ ‫يجب إنجاز المعامالت الغير مرتبطة بالموقع مثل تجهيز المطالبات المالية خارج الموقع‪.‬‬ ‫‪ .13‬العمل على أي إجراءات جديدة يعلن عنها من الجهات المختصة‪.‬‬ ‫التوقيع والختم‪..................................................:‬‬ ‫شركة المقاوالت‪............................................... :‬‬ ‫‪90‬‬ ‫‪Appendix 2: Code of Conduct‬‬ ‫‪The Code of Conduct will be prepared for workers to indicate that they have:‬‬ ‫;‪• received a copy of the code‬‬ ‫;‪• had the code explained/oriented to them‬‬ ‫‪• acknowledged that adherence to this Code of Conduct is a condition of employment; and‬‬ ‫‪• understood that violations of the Code can result in serious consequences, up to and including dismissal,‬‬ ‫‪or referral to legal authorities.‬‬ ‫‪Code of Conduct: will be prepared and used for all pilot projects. The Contractor shall sign the COC on‬‬ ‫‪behalf of the workers.‬‬ ‫‪The below Code of Conduct is a sample and can be edited to be appropriate with the nature of the pilot‬‬ ‫‪project activities and location.‬‬ ‫مدونة قواعد السلوك واخالقيات العمل (نسخة خاصة بالمقاول)‬ ‫مقدمة‬ ‫يأتي االهتمام بمواثيق سلوك وأخالقيات العمل والتشغيل كأحد مداخل تطوير االداء للعاملين واصحاب العمل‪ .‬إن إعداد مدونة‬ ‫قواعد السلوك وأخالقيات العمل من شأنه تعزيز قيم والممارسات االيجابية في العمل‪ ،‬وتعد مدونة السلوك إطارا عاما يجب‬ ‫على العاملين في المشروع التقيد به والعمل بمقتضاه‪ ،‬فهي مدونة تلقي الضوء على المعايير واالخالق والقيم التي يجب أن‬ ‫يتحلى بها العامل أثناء أداء واجباته‪ ،‬ومن ثم فهي قواعد ستسهم على نحو فاعل في االرتقاء بمستوى جودة االداء واالرتقاء‬ ‫به‪ .‬إن هذه المدونة تشكل جزءا من مقتضيات العمل في المشروع بالتركيز على اجراءات الوقاية والسالمة والصحة العامة‬ ‫المتعلقة بكوفيد ‪ ،19‬ويجب تطبيقها في كل اوقات العمل وطوال فترة التشغيل‪ ،‬وسوف يكون من مهمة المقاول شرح تفاصيلها‬ ‫للعمال (والجدد منهم) للعمل بها‪.‬‬ ‫أوال‪ :‬المباديء االساسية لمدونة السلوك واخالقيات العمل‬ ‫إن جودة االداء ونجاح العمل تتوقف على االلتزام بقواعد السوك العامة واخالقيات العمل‪ ،‬والتصرف بطريقة عادلة وصادقة‬ ‫كأفراد مسئولين اجتماعيا انطالقا من ايماننا الراسخ بمسؤوليتنا االجتماعية التي لها أثرا إيجابيا كبيرا على المشاريع التي‬ ‫نعمل بها ‪.‬ولتحقيق هذا‪ ،‬يجب علينا احترام هذه المبادئ االساسية‪:‬‬ ‫النزاهة واالمانة‪ :‬إاليمان بتعزيز التصرف بأمانة في جميع العالقات مع التقيد الصارم بجميع القوانين المعمول بها‪ ،‬احترام‬ ‫كرامة كل شخص والحفاظ على سالمتهم‪.‬‬ ‫الشفافية‪ :‬االحترام المتبادل والحوار والشفافية هي أساس العالقة مع اصحاب العمل والسلطات ذات العالقة‪ ،‬والتي تتوافق‬ ‫مع مبادئ التعاون والصدق وااالنفتاح‪.‬‬ ‫الموضوعية واإالستقاللية‪ :‬العمل بموضوعية واستقاللية وتجنب أي نوع من أنواع الفساد أو تضارب المصالح الذي قد يؤثر‬ ‫على اتخاذ القرارات المتعلقة بالعمل‪.‬‬ ‫المسؤولية‪ :‬توفير بيئة عمل آمنة وصحية للعمال‪ ،‬واحترام الحقوق والتقيد بالواجبات من مقتضى المسؤولية‪ ،‬واحترام‬ ‫المجتمعات التي نعمل فيها‪.‬‬ ‫ثانيا‪ :‬قواعد السلوك واخالقيات العمل‬ ‫القسم االول‪ :‬الحقوق العامة‬ ‫يلتزم العامل بتأدية عمله بإخالص وأمانة وبالمحافظة علي أسرار العمل وأدواته‪ ،‬ويعتبر مسؤوال عن االدوات التي في‬ ‫▪‬ ‫عهدته وعليه الحفاظ عليها‪ ،‬وفي حالة وجود ظرف خارج عن ارادته او قوة قاهرة‪ ،‬فان العامل ال يعتبر مسؤوال عن خلل‬ ‫األدوات أو ضياعها‪.‬‬ ‫‪91‬‬ ‫على العامل أن يلتزم بأخالقيات العمل والحفاظ على خصوصية السكان والعمال في منطقة العمل‪ ،‬دون اإلشتباك معهم أو‬ ‫▪‬ ‫التسبب بأي أذى لهم بأي شكل كان‪ .‬ويجب اإلمتناع عن المشاركة في أي عنف بدني او لفظي ألي من العاملين أو السكان‪.‬‬ ‫على العامل التقيد بساعات العمل المطلوبة‪ ،‬وكذلك التقيد واإلمتثال بالمهام المكلف بها من قبل البلدية‪.‬‬ ‫▪‬ ‫على العامل اإللتزام بإجراءات السالمة المتبعة في الموقع‪ ،‬خاصة عند إستخدام األالت الخطرة‪ ،‬وأي إجراءات إضافية يتم‬ ‫▪‬ ‫طلبها من قبل البلدية‪.‬‬ ‫يجب على العامل اإلبالغ فورا عن أي أمراض مزمنة يعاني منها أو عند الشعور باإلعياء‪ ،‬وعن أي عقاقير يتلقاها العامل‪.‬‬ ‫▪‬ ‫اإلمتناع عن التسبب بأي نوع من المضايقات سواء اللفظية المباشرة او غير المباشرة ألي شخص أثناء فترة العمل‪ ،‬وخاصة‬ ‫▪‬ ‫من فئة النساء واألطفال وذوي اإلحتياجات الخاصة‪.‬‬ ‫من حق العامل أن يوقع عقد عمل مع صاحب العمل علي أن يكون باللغة العربية‪ ،‬وذلك لحفظ حقوق العامل ‪ ،‬علما بأن عقد‬ ‫▪‬ ‫العمل يجب أن يتضمن ‪ :‬األجر‪ ،‬نوع العمل‪ ،‬مكانه ومدته‪ ،‬ساعات وأوقات العمل‪ ،‬كما ويجب ان يتضمن العقد االجراءات‬ ‫الصحية وشروط الوقاية المتعلقة كوفيد ‪ ،19‬والتي اقرتها وزارة الصحة الفلسطينية‪ ،‬و يجب أن يوقع العقد من قبل صاحب‬ ‫العمل والعامل بحيث يحتفظ العامل بنسخة أصلية من العقد‪.‬‬ ‫علي صاحب العمل أن يلتزم بالتامين على جميع عماله عن إصابات العمل لدي الجهات المرخصة في فلسطين‪.‬‬ ‫▪‬ ‫يجب أن تتخلل ساعات العمل اليومي فترة أو أكثر لراحة العامل ال تزيد في مجموعها عن ساعة مع مراعاة أال يعمل العامل‬ ‫▪‬ ‫أكثر من خمس ساعات متصلة دون تخصيص وقت للراحة‪.‬‬ ‫التقيد باوقات العمل وت كريس اوقات العمل للقيام بالمهام والواجبات المتعلقة بطبيعة العقد ‪ ،‬كما نص عليها عقد العمل‪.‬‬ ‫▪‬ ‫ضمان حق العامل في التظلم او الشكوى من اي انتهاك لحقه او من اتخاذ قرار خاطيء بحقه‪.‬‬ ‫▪‬ ‫القسم الثاني‪ :‬حماية حقوق النساء‬ ‫معاملة النساء باحترام بغض النظر عن العرق أو اللون أو اللغة أو الدين أو الرأي السياسي أو غير السياسي أو األصل او‬ ‫▪‬ ‫اإلعاقة او أي وضع آخر‪.‬‬ ‫عندما يكون لدى المراة العاملة مخاوف أو شكوك فيما يتعلق بأعمال العنف القائم على النوع االجتماعي من قبل اصحاب‬ ‫▪‬ ‫العمل او اي طرف ذو عالقة بالعمل‪ ،‬يجب عليها اإلبالغ عن هذه المخاوف وفقا إلجراءات الشكاوي المعتمدة في المشروع‪.‬‬ ‫على ان يتم التعامل مع هذه الشكاوي بخصوصية كبيرة للحفاظ على كرامة المشتكية‪.‬‬ ‫يجب توفير الحماية للنساء وتهيئة أماكن امنة في العمل للنساء وخاصة الحوامل والتاكد من عدم نقل أي امرأة حامل‬ ‫▪‬ ‫بشكل غير صحيح ‪ ،‬والعمل على ازالة او منع تعرض النساء الحوامل للمخاطر‪.‬‬ ‫يجب توفير أماكن للنظافة الشخصية إلستخدامها من قبل النساء العامالت بعد اإلنتهاء من العمل‪ .‬وايضا توفير مرافق‬ ‫▪‬ ‫صحية ( دورات مياه) خاصة بالنساء في اماكن العمل‪ ،‬ويجب أن يتم تعقيم هذه األماكن بشكل يومي‪.‬‬ ‫يجب تنفيذ لقاءات توجيهية قبل بدء العمل في الموقع للتأكد من أن الجميع على دراية بقواعد السلوك الخاصة بالعنف القائم‬ ‫▪‬ ‫على النوع االجتماعي‪.‬‬ ‫القسم الثالث ‪ :‬حماية حقوق ذوي االعاقات‬ ‫يلتزم اصحاب العمل بتهيئة البيئة المالئمة الحتياجات ذوي اإلحتياجات الخاصة وتوفير تسهيالت الحركة والتنقل في اماكن‬ ‫▪‬ ‫العمل‪.‬‬ ‫عدم التمييز بحق المعاقين والمعاقات في العمل‪ ،‬واحترام حقهم ‪ /‬هن في اختيار نوعية االعمال التي تناسب قدراتهم ‪/‬تهن ‪،‬‬ ‫▪‬ ‫واهتمامتهم‪/‬هن واحتياجاتهم‪/‬هن‪.‬‬ ‫االلتزام بتوفير خدمات ومرافق صحية مواءمة الستخدامات ذوي االعاقة الحركية في مواقع العمل‪.‬‬ ‫▪‬ ‫القسم الرابع ‪ :‬الصحة والسالمة المهنية‬ ‫‪92‬‬ ‫على العامل التقيد بتطبيق شروط واجراءات الصحة والسالمة العامة الصادرة عن وزارة الصحة الفلسطينية ‪ ،‬وااللتزام‬ ‫▪‬ ‫بقواعد السالمة والصحة المهنية في العمل‪.‬‬ ‫على صاحب العمل تقديم اإلسعافات األولية الالزمة للعامل في حال االصابة ونقله إلي اقرب مركز للعالج‪.‬‬ ‫▪‬ ‫اإللتزام باجراءات ومتطلبات السالمة والصحة العامة المتعلقة بكوفيد ‪ 19‬بما فيها التباعد الجسدي واللبس الواقي وكل ما‬ ‫▪‬ ‫ينص عليه البروتوكول الصحي‪.‬‬ ‫توقيع وختم المقاول‬ ‫‪93‬‬ ‫‪Appendix 3: Abbreviated Environmental and Social Plan for Workers‬‬ ‫‪Appendix (3) includes impact and risk mitigation measures for workers including provision of PPE, Sanitizers, training and labor insurance.‬‬ ‫مختصر خطة اإلدارة البيئية واإلجتماعية للعمال‬ ‫مسئولية مراقبة اإلمتثال‬ ‫عدد مرات تكرار‬ ‫ألية مراقبة اإلمتثال‬ ‫مسئولية تنفيذ‬ ‫اإلجراءات التخفيفية المقترحة‬ ‫األثر المتوقع‬ ‫لالجراءات التخفيفية‬ ‫المراقبة‬ ‫لالجراءات التخفيفية‬ ‫اإلجراءات التخفيفية‬ ‫المقاول‬ ‫يجب على العمال اإللتزام باللبس الواقي والذي‬ ‫البلدية ‪ ،‬صندوق‬ ‫يوميا‬ ‫التفتيش العشوائي‬ ‫يحتوي بشكل أساسي على الكمامة‪ ،‬الكفوف‪ ،‬حذاء‬ ‫البلديات‬ ‫األمان‬ ‫المقاول‬ ‫في حالة االعمال التي ال تسمح باالبتعاد‬ ‫البلدية ‪ ،‬صندوق‬ ‫يوميا‬ ‫التفتيش العشوائي‬ ‫االجتماعي‪ ،‬الرجوع الى وزارة الصحة الخذ‬ ‫البلديات‬ ‫الموافقة على العمل واتباع االجرات المطلوبة‬ ‫المقاول‬ ‫في حالة عدم االلتزام باالبتعاد االجتماعي على‬ ‫العمال االلتزام بارتداء اللباس الواقي‪،‬‬ ‫البلدية ‪ ،‬صندوق البلديات‬ ‫يوميا‬ ‫التفتيش العشوائي‬ ‫(أبرهول‪/‬فيست)‪ ،‬والكفوف والكمامات طوال‬ ‫فترة العمل‪ ،‬واتباع اجراءات السالمة العامة‬ ‫المقاول‬ ‫يتم تزويد العمال بمطهرات األيدي‪ ،‬ويحث على‬ ‫صحة وسالمة العمال‬ ‫البلدية ‪ ،‬صندوق البلديات‬ ‫يوميا‬ ‫التفتيش العشوائي‬ ‫إستخدامها لتطهير األيدي قبل وبعد لبس اللبس‬ ‫الواقي‪.‬‬ ‫المقاول‬ ‫يتم تعقيم المالبس الوقائية بعد خلعها ألي سبب‬ ‫البلدية ‪ ،‬صندوق البلديات‬ ‫يوميا‬ ‫التفتيش العشوائي‬ ‫كان‪ ،‬وبعد اإلستخدام اليومي‬ ‫سجل‪ ،‬تصوير‬ ‫المقاول‬ ‫البلدية ‪ ،‬صندوق البلديات‬ ‫شهريا‬ ‫تنفيذ تدريب الصحة والسالمة المهنية للعمال‬ ‫فوتوغرافي‬ ‫المقاول‬ ‫اإللتزام بالتعليمات الصادرة عن وزارة‬ ‫سجل‪ ،‬تصوير‬ ‫البلدية ‪ ،‬صندوق البلديات‬ ‫شهريا‬ ‫الصحة‪/‬منظمة الصحة العالمية فيما يخص‬ ‫فوتوغرافي‬ ‫إجراءات الحد من إنتشار وباء كوفيد ‪19‬‬ ‫مراجعة مستندات‬ ‫المقاول‬ ‫يجب أن يحصل العمال على تأمين خالل فترات‬ ‫البلدية ‪ ،‬صندوق البلديات‬ ‫سنويا‬ ‫حقوق العاملين‬ ‫التأمين‬ ‫عملهم‬ ‫‪94‬‬ ANNEX 8: Technical Note: Public Consultations and Stakeholder Engagement in WB-supported operations when there are constraints on conducting public meetings With the outbreak and spread of COVID-19, people have been advised, or may be mandated by national or local law, to exercise social distancing, and specifically to avoid public gatherings to prevent and reduce the risk of the virus transmission. Countries have taken various restrictive measures, some imposing strict restrictions on public gatherings, meetings and people’s movement, and others advising against public group events. At the same time, the general public has become increasingly aware and concerned about the risks of transmission, particularly through social interactions at large gatherings. These restrictions have implications for World Bank-supported operations. In particular, they will affect Bank requirements for public consultation and stakeholder engagement in projects, both under implementation and preparation. WHO has issued technical guidance in dealing with COVID-19, including: (i) Risk Communication and Community Engagement (RCCE) Action Plan Guidance Preparedness and Response; (ii) Risk Communication and Community engagement (RCCE) readiness and response; (iii) COVID-19 risk communication package for healthcare facilities; (iv) Getting your workplace ready for COVID-19; and (v) a guide to preventing and addressing social stigma associated with COVID-19. All these documents are available on the WHO website through the following link: https://www.who.int/emergencies/diseases/novel-coronavirus-2019/technical-guidance. This Note offers suggestions to World Bank task teams for advising counterpart agencies on managing public consultation and stakeholder engagement in their projects, with the recognition that the situation is developing rapidly and careful regard needs to be given to national requirements and any updated guidance issued by WHO. It is important that the alternative ways of managing consultation and stakeholder engagement discussed with clients are in accordance with the local applicable laws and policies, especially those related to media and communication. The suggestions set out below are subject to confirmation that they are in accordance with existing laws and regulations applying to the project. Investment projects under implementation. All projects under implementation are likely to have public consultation and stakeholder engagement activities planned and committed as part of project design. These activities may be described in different project documents, and will involve a variety of stakeholders. Commonly planned avenues of such engagement are public hearings, community meetings, focus group discussions, field surveys and individual interviews. With growing concern about the risk of virus spread, there is an urgent need to adjust the approach and methodology for continuing stakeholder consultation and engagement. Taking into account the importance of confirming compliance with national law requirements, below are some suggestions for task teams’ consideration while advising their clients: Task teams will need to review their project, jointly with the PMUs, and should: • Identify and review planned activities under the project requiring stakeholder engagement and public consultations. • Assess the level of proposed direct engagement with stakeholders, including location and size of proposed gatherings, frequency of engagement, categories of stakeholders (international, national, local) etc. 95 • Assess the level of risks of the virus transmission for these engagements, and how restrictions that are in effect in the country / project area would affect these engagements. • Identify project activities for which consultation/engagement is critical and cannot be postponed without having significant impact on project timelines. For example, selection of resettlement options by affected people during project implementation. Reflecting the specific activity, consider viable means of achieving the necessary input from stakeholders (see further below). • Assess the level of ICT penetration among key stakeholder groups, to identify the type of communication channels that can be effectively used in the project context. Based on the above, task teams should discuss and agree with PMUs the specific channels of communication that should be used while conducting stakeholder consultation and engagement activities. The following are some considerations while selecting channels of communication, in light of the current COVID-19 situation: • Avoid public gatherings (taking into account national restrictions), including public hearings, workshops and community meetings; • If smaller meetings are permitted, conduct consultations in small-group sessions, such as focus group meetings If not permitted, make all reasonable efforts to conduct meetings through online channels, including webex, zoom and skype; • Diversify means of communication and rely more on social media and online channels. Where possible and appropriate, create dedicated online platforms and chatgroups appropriate for the purpose, based on the type and category of stakeholders; • Employ traditional channels of communications (TV, newspaper, radio, dedicated phone-lines, and mail) when stakeholders to do not have access to online channels or do not use them frequently. Traditional channels can also be highly effective in conveying relevant information to stakeholders, and allow them to provide their feedback and suggestions; • Where direct engagement with project affected people or beneficiaries is necessary, such as would be the case for Resettlement Action Plans or Indigenous Peoples Plans preparation and implementation, identify channels for direct communication with each affected household via a context specific combination of email messages, mail, online platforms, dedicated phone lines with knowledgeable operators; • Each of the proposed channels of engagement should clearly specify how feedback and suggestions can be provided by stakeholders; • An appropriate approach to conducting stakeholder engagement can be developed in most contexts and situations. However, in situations where none of the above means of communication are considered adequate for required consultations with stakeholders, the team should discuss with the PMU whether the project activity can be rescheduled to a later time, when meaningful stakeholder 96 engagement is possible. Where it is not possible to postpone the activity (such as in the case of ongoing resettlement) or where the postponement is likely to be for more than a few weeks, the task team should consult with the OESRC to obtain advice and guidance. Investment projects under preparation. Where projects are under preparation and stakeholder engagement is about to commence or is ongoing, such as in the project E&S planning process, stakeholder consultation and engagement activities should not be deferred, but rather designed to be fit for purpose to ensure effective and meaningful consultations to meet project and stakeholder needs. Some suggestions for advising clients on stakeholder engagement in such situations are given below. These suggestions are subject to the coronavirus situation in country, and restrictions put in place by governments. The task team and the PMU should: • Review the country COVID-19 spread situation in the project area, and the restrictions put in place by the government to contain virus spread; • Review the draft Stakeholder Engagement Plan (SEP, if it exists) or other agreed stakeholder engagement arrangements, particularly the approach, methods and forms of engagement proposed, and assess the associated potential risks of virus transmission in conducting various engagement activities; • Be sure that all task team and PIU members articulate and express their understandings on social behavior and good hygiene practices, and that any stakeholder engagement events be preceded with the procedure of articulating such hygienic practices. • Avoid public gatherings (taking into account national restrictions), including public hearings, workshops and community meetings, and minimize direct interaction between project agencies and beneficiaries / affected people; • If smaller meetings are permitted, conduct consultations in small-group sessions, such as focus group meetings. If not permitted, make all reasonable efforts to conduct meetings through online channels, including webex, zoom and skype meetings; • Diversify means of communication and rely more on social media and online channels. Where possible and appropriate, create dedicated online platforms and chatgroups appropriate for the purpose, based on the type and category of stakeholders; • Employ traditional channels of communications (TV, newspaper, radio, dedicated phone-lines, public announcements and mail) when stakeholders do not have access to online channels or do not use them frequently. Such channels can also be highly effective in conveying relevant information to stakeholders, and allow them to provide their feedback and suggestions; • Employ online communication tools to design virtual workshops in situations where large meetings and workshops are essential, given the preparatory stage of the project. Webex, Skype, and in low ICT capacity situations, audio meetings, can be effective tools to design virtual workshops. The format of such workshops could include the following steps: 97 o Virtual registration of participants: Participants can register online through a dedicated platform. o Distribution of workshop materials to participants, including agenda, project documents, presentations, questionnaires and discussion topics: These can be distributed online to participants. o Review of distributed information materials: Participants are given a scheduled duration for this, prior to scheduling a discussion on the information provided. o Discussion, feedback collection and sharing: ✓ Participants can be organized and assigned to different topic groups, teams or virtual “tables” provided they agree to this. ✓ Group, team and table discussions can be organized through social media means, such as webex, skype or zoom, or through written feedback in the form of an electronic questionnaire or feedback forms that can be emailed back. o Conclusion and summary: The chair of the workshop will summarize the virtual workshop discussion, formulate conclusions and share electronically with all participants. • In situations where online interaction is challenging, information can be disseminated through digital platform (where available) like Facebook, Twitter, WhatsApp groups, Project weblinks/ websites, and traditional means of communications (TV, newspaper, radio, phone calls and mails with clear description of mechanisms for providing feedback via mail and / or dedicated telephone lines. All channels of communication need to clearly specify how stakeholders can provide their feedback and suggestions. • Engagement with direct stakeholders for household surveys: There may be planning activities that require direct stakeholder engagement, particularly in the field. One example is resettlement planning where surveys need to be conducted to ascertain socioeconomic status of affected people, take inventory of their affected assets, and facilitate discussions related to relocation and livelihood planning. Such survey activities require active participation of local stakeholders, particularly the potentially adversely affected communities. However, there may be situations involving indigenous communities, or other communities that may not have access to the digital platforms or means of communication, teams should develop specially tailored stakeholder engagement approaches that will be appropriate in the specific setting. The teams should reach out to the regional PMs for ENB and Social Development or to the ESSA for the respective region, in case they need additional support to develop such tailored approaches. • In situations where it is determined that meaningful consultations that are critical to the conduct of a specific project activity cannot be conducted in spite of all reasonable efforts on the part of the client supported by the Bank, the task team should discuss with the client whether the proposed project activities can be postponed by a few weeks in view of the virus spread risks. This would depend on the COVID-19 situation in the country, and the government policy requirements to contain the virus spread. Where it is not possible to postpone the activity (such as in the case of ongoing resettlement) or where the postponement is likely to be for more than a few weeks, the task team should consult with the OESRC to obtain advice and guidance. 98 ‫‪ANNEX 9: Grievance Redress Mechanism (GRM) Manual‬‬ ‫شكاوي دليل‬ ‫برنامج المدن المتكاملة والتطور الحضري‬ ‫‪2020‬‬ ‫‪99‬‬ ‫مقدمة‪:‬‬ ‫يتوقع خالل فترة تنفيذ المشروع ورود شكاوى من المواطنين تتعلق باآلثار الناجمة عن تنفيذ البلديات للمشاريع الممولة‬ ‫من المشروع وغيرها من الشكاوى‪ .‬وحتى تتم معالجة الشكاوى حسب األصول سيتم استقبال الشكاوى ومعالجتها من‬ ‫خالل البلديات المستفيدة من المشروع‪ .‬ويقوم صندوق تطوير واقراض الهيئات المحلية بدوره في متابعة ومعالجة‬ ‫الشكاوى في البلديات‪ .‬حيث يشترط الصندوق من البلديات المستفيدة من المشروع العمل بنظام للشكاوى في البلدية‬ ‫وتوفير إجراءات للتظلم بناء على إجراءات الشكاوى المتبعة في البلدية‪ ،‬ويشمل ذلك االفصاح عن إجراءات الشكاوى‬ ‫على صفحة الفيسبوك للبلدية و‪/‬أو ضمن نشرة البلدية باإلضافة الى إصدار بيانات حول الشكاوى ونوعها ونسبة الشكاوى‬ ‫التي تم معالجتها‪.‬‬ ‫ومن أجل أن يكون تقديم الشكوى فعاال‪ ،‬ال بد من اتباع اجراءات ادارية واضحة وسلسة‪ ،‬بحيث تعمل على توفير الوقت‬ ‫والجهد الكافي‪ ،‬واالنجاز األمثل للشكاوى ابتداء من استقبالها وانتهاء بإنجازها واغالقها بشكل نهائي‪ .‬وعليه فان‬ ‫االجراءات التالية توضح آلية تقديم الشكاوى مع ضرورة أن تقترن الشكوى بنماذج واضحة‪.‬‬ ‫‪100‬‬ ‫تعريفات‪:‬‬ ‫‪ -‬الشكوى‪ :‬مستند خطي أو إلكتروني يقدم من المشتكي أو وكيله شأنه االبالغ عن تصرف أو سلوك خاطئ أو تقصير‬ ‫في أداء خدمة أو في طريقة تأديتها أو االمتناع عن أدائها أو اتخاذ إجراء كان من المفترض على رئيس الهيئة‬ ‫المحلية أو أحد موظفيها القيام به‪ ،‬أو بشأن أي شكل من أشكال التمييز أو مخالفة للتشريعات السارية‪.‬‬ ‫‪ -‬مقدم الشكوى ‪ :‬هو كل شخص طبيعي أو وكيله أو وصيه أو وليه وكل شخص معنوي أو وكيله تقدم بشكوى بشأن‬ ‫ضررا قد لحق به بسبب تنفيذ احدى مكونات المشروع أو اليات تنفيذه أو نتائجه‪.‬‬ ‫‪ -‬جهة استقبال الشكوى‪ :‬هي البلديات المستفيدة من مشروع المدن المتكاملة والتطور الحضري ووحدة الشكاوى في‬ ‫وزارة الحكم المحلي‪.‬‬ ‫‪ -‬المشروع‪ :‬هو مشروع المدن المتكاملة والتطور الحضري ‪ICUD‬‬ ‫‪ -‬وحدة الشكاوى‪ :‬وحدة الشكاوى أو من يمثلها في وزارة الحكم المحلي‬ ‫‪ -‬االدارة العامة للشكاوى‪ :‬االدارة العامة للشكاوى في مجلس الوزراء‬ ‫اجراءات استقبال ومعالجة الشكاوى‪:‬‬ ‫تهدف اإلجراءات التالية إلى تنظيم وتسهيل عملية استقبال ومعالجة الشكاوى المتعلقة بالمشروع أو مكوناته بهدف تطوير‬ ‫تقديم الخدمة األفضل للمجتمع المحلي وتصويب أي ضرر يتعرض له المواطنون ضمن اإلجراءات واألنظمة واللوائح‬ ‫المختلفة‪.‬‬ ‫‪ -1‬تقديم الشكوى‬ ‫أ‪ .‬يجب أن يكون موضوع الشكوى متعلق بمكونات المشروع واليات تنفيذه‪ ،‬و‪ /‬أو أن يكون قد لحق بالمشتكي‬ ‫ضررا نتج عن تنفيذ المشروع أو إحدى مكوناته‪.‬‬ ‫ب‪ .‬يحق للمشتكي تقديم الشكوى إلى إحدى الجهات المخولة الستقبال شكاوى المشروع وهي‪:‬‬ ‫‪ -‬الجهة المخولة الستقبال الشكاوى في البلدية‪.‬‬ ‫‪ -‬وحدة الشكاوى في وزارة الحكم المحلي او إحدى مديرياتها‪.‬‬ ‫‪ -2‬طرق استقبال الشكاوى‬ ‫أ‪ .‬يمكن للمشتكي التقدم بالشكوى في البلدية من خالل‪:‬‬ ‫‪101‬‬ ‫‪ -‬الحضور الشخصي وتعبئة نموذج الشكوى لدى الجهة المخولة الستقبال الشكاوى في البلدية (مركز خدمات‬ ‫الجمهور‪ ،‬سكرتير البلدية‪ ،‬مهندس البلدية‪ )...‬وذلك حسب االجراء المعمول به في البلدية‪ .‬ينصح في ظل تفشي‬ ‫العدوى بسبب وباء كورونا ‪ Covid-19‬تقديم الشكوى من خالل نافذة الشكاوي االلكترونية او من خالل‬ ‫االتصال الهاتفي‪.‬‬ ‫‪ -‬تقديم الشكوى من خالل نافذة الشكاوى على الموقع االلكتروني للبلدية‪.‬‬ ‫‪ -‬االتصال على الرقم الهاتفي المخصص لتقديم الشكاوى‪.‬‬ ‫ب‪ .‬كما يمكن للمشتكي تقديم الشكوى إلى دائرة الشكاوى في وزارة الحكم المحلي من خالل‪:‬‬ ‫‪ -‬الحضور الشخصي الى مديرية الحكم المحلي التي تتبع لها البلدية‪ .‬ينصح في ظل تفشي العدوى بسبب وباء‬ ‫كورونا ‪ Covid-19‬تقديم الشكوى من خالل نافذة الشكاوى االلكترونية او من خالل الفاكس‪.‬‬ ‫‪ -‬الحضور الشخصي الى مقر وزارة الحكم المحلي وتعبئة نموذج الشكوى‪ .‬ينصح في ظل تفشي العدوى بسبب‬ ‫وباء كورونا ‪ Covid-19‬تقديم الشكوى من خالل نافذة الشكاوى االلكترونية او من خالل الفاكس‪.‬‬ ‫‪ -‬إرسال الشكوى الخطية عبر الفاكس الى وحدة الشكاوى على الرقم‪02-2401091:‬‬ ‫‪ -‬عبر الموقع االلكتروني لوزارة الحكم المحلي على الرابط‪:‬‬ ‫‪http://www.molg.pna.ps/Complain.aspx‬‬ ‫‪ .3‬إجراءات تسجيل الشكوى‪:‬‬ ‫‪ -‬يقوم المشتكي بتعبئة النموذج المعتمد خطيا وتوقيعه أو النموذج المعتمد إلكترونيا متضمنا كافة بياناته‪ .‬كما يمكن‬ ‫للمشتكي تقديم شكوى خطية وإرسالها من خالل الفاكس‪.‬‬ ‫‪ -‬يقوم المشتكي بإرفاق أية وثائق مؤيدة للشكوى إن وجدت‪.‬‬ ‫‪ -‬يقوم الموظف المختص باستقبال الشكاوى بالتأكد من صحة البيانات المقدمة ويقوم بتسليم المشتكي بطاقة‬ ‫مراجعة‪.‬‬ ‫‪ -‬تشمل بيانات تسجيل الشكوى‪:‬‬ ‫➢ اسم المشروع‬ ‫➢ رقم تسجيل الشكوى‬ ‫➢ تاريخ استالم الشكوى‬ ‫➢ اسم مقدم الشكوى‬ ‫➢ وصف لحيثيات الشكوى‬ ‫‪102‬‬ ‫➢ مرفقات الشكوى‬ ‫➢ المراسالت التي تمت بخصوص الشكوى‬ ‫‪ -‬في حال رغبة المشتكي عدم اإلبالغ عن اسمه يتم تسجيل الشكوى وإبالغ المشتكي باالتصال بعد الفترة المحددة‬ ‫لمتابعة إجراءات حل الشكوى ولالطالع على الحل‪.‬‬ ‫‪ -‬في حال كان موضوع الشكوى متعلق بالعنف القائم على النوع االجتماعي او بالتحرش الجنسي‪ ،‬يتم التعامل‬ ‫مع الشكوى بسرية كاملة‪ ،‬وتحويل الشكوى للمعالجة من خالل طرق‪/‬اليات خاصة ووضع إجراءات متفق عليها‬ ‫مسبقا للتحقق من الشكوى ‪.‬‬ ‫‪ .4‬قبول أو رفض الشكوى ومتابعتها‪:‬‬ ‫‪ -‬من أجل متابعة الشكاوى المتعلقة بالمشروع بشكل فعال وضمان عدم ضياع أي منها يتم تحويل جميع الشكاوى‬ ‫إلى مهندس المشروع المسؤول عن متابعة المشروع في البلدية المستفيدة‪.‬‬ ‫‪ -‬يقوم مهندس المشروع بالتحقق من صحة المعلومات والمستندات المرفقة مع الشكوى‪.‬‬ ‫‪ -‬االستفسار من المشتكي عن أية معلومات إضافية حول الشكوى إن لزم األمر‪.‬‬ ‫‪ -‬يقوم مهندس المشروع بإبالغ الجهة المختصة بالتوصية بشأن قبول النظر بالشكوى أو رفضها حسب الفترة‬ ‫الزمنية المعمول بها في البلدية او المنصوص عليها في دليل خدمات مراكز الجمهور على ان ال تتجاوز فترة‬ ‫الرد ثالثة أيام عمل من تاريخ تقديم الشكوى كحد أقصى‪.‬‬ ‫‪ .5‬إحالة الشكوى الى جهات االختصاص‪:‬‬ ‫‪ -‬يقوم رئيس البلدية بتحويل الشكوى الى مهندس المشروع والدائرة المختصة في البلدية‪.‬‬ ‫‪ -‬تعمل الدائرة المختصة التي احيلت اليها الشكوى بمتابعة الشكوى والرد عليها خالل أسبوعين كحد أقصى من‬ ‫تاريخ قبولها خطيا او هاتفيا‪.‬‬ ‫‪ -‬تتم معالجة الشكوى بالتوافق مع األدلة البيئية واالجتماعية (خطة اإلدارة البيئية واالجتماعية للمشروع) المتبعة‬ ‫عند تنفيذ المشاريع الممولة من قبل البنك الدولي‪.‬‬ ‫في حال تقدم المشتكي بشكواه الى وحدة الشكاوى في وزارة الحكم المحلي أو احدى مديرياتها يتم عمل التالي‪:‬‬ ‫‪103‬‬ ‫‪ -‬تقوم وحدة الشكاوى في وزارة الحكم المحلي أو المديرية المختصة بإحالة الشكوى إلى رئيس البلدية للنظر‬ ‫بالشكوى وتحويلها الى الجهة المختصة لقبولها أو رفضها‪ ،‬ثم متابعتها والرد عليها خالل أسبوعين كحد أقصى‬ ‫من تاريخ قبولها‪.‬‬ ‫‪ -‬في حال عدم استالم الرد بعد مضي المدة المذكورة أعاله‪ ،‬يتم إعادة المخاطبة برسالة تذكير للجهة المعنية‬ ‫وإخطارها بوجوب الرد خالل مدة أقصاها ثالثة أيام من تاريخ استالم المخاطبة‪.‬‬ ‫‪ -‬تقوم وحدة الشكاوى بإعالم المشتكي خطيا أو الكترونيا بالرد‪.‬‬ ‫‪ .6‬الشكاوى المتعثرة‬ ‫‪ -‬في حال عدم استالم المشتكي الرد بعد استنفاذ المدد المنصوص عليها أعاله‪ ،‬تعتبر الشكوى متعثرة‪.‬‬ ‫‪ -‬تحال الشكوى المتعثرة الى الجهة المختصة لمتابعتها حسب اإلجراءات المتبعة في االدلة الفنية المعمول بها‬ ‫والمشار اليها سابقا في هذا الدليل‪.‬‬ ‫‪ .7‬حفظ الشكاوى‬ ‫تقوم الجهة المخولة باستقبال الشكاوى في البلدية بإدخال بيانات المشتكي ومحتوى الشكوى وإجراءات متابعتها‬ ‫‪-‬‬ ‫والرد عليها على النظام المحوسب المخصص لذلك وتوثيق نسخة منها في ملف المشروع‪.‬‬ ‫‪ -‬تقوم المديريات في حال استقبالها للشكوى الخاصة بالمشروع بتحويلها الى وحدة الشكاوى في وزارة الحكم‬ ‫المحلي والتي تقوم بإحالتها إلى الجهة المختصة في البلدية لحفظها في ملف المشروع‪.‬‬ ‫‪ .8‬اليات إضافية لتقديم الشكاوى‬ ‫‪ -‬في حال عدم قبول المشتكي برد الشكوى يتم اعالم المشتكي بإمكانية توجيه شكواه الى وزير الحكم المحلي‬ ‫بشكل مباشر‪.‬‬ ‫‪ -‬في حال عدم قبول المشتكي بالرد المقدم من قبل وزير الحكم المحلي يتم اعالم المشتكي بإمكانية توجيه شكواه‬ ‫الى االدارة العامة للشكاوى في األمانة العامة لمجلس الوزراء أو الى أي جهة مختصة أخرى بما فيها محكمة‬ ‫البلديات‪.‬‬ ‫‪104‬‬ ‫‪ .9‬اغالق الشكوى‪:‬‬ ‫تغلق الشكوى في احدى الحاالت التالية‪:‬‬ ‫• بعد اعالم المشتكي بالرد وحل الشكوى‪.‬‬ ‫• طلب المشتكي اغالق الشكوى أو وقف متابعتها‪.‬‬ ‫• إذا تم التوصل الى حل ودي للشكوى‪.‬‬ ‫• إذا اعتبرت الشكوى كيدية‪.‬‬ ‫‪ .10‬يتم رفع تقارير بالشكاوى على النحو االتي‪:‬‬ ‫• تقارير شهرية تعدها البلديات وترفعها لصندوق تطوير واقراض الهيئات المحلية‪.‬‬ ‫• تقارير حول الشكاوى ضمن التقارير النصفية للمشروع والتي يرفعها طاقم المشروع الى الجهات المانحة‪.‬‬ ‫‪105‬‬ ‫مالحق‬ ‫الملحق رقم (‪ :)1‬نماذج مقترحة للشكاوى‬ ‫من اجل تسهيل عملية تقديم الشكاوى ومعالجتها وتصنيفها والرد عليها‪ ،‬يتم اعتماد مجموعة من النماذج لهذا الغرض‪،‬‬ ‫ومن النماذج المقترحة‪:‬‬ ‫• نموذج تقديم شكوى‪ :‬بحيث يتضمن هذا النموذج اسم المشروع وبيانات المشتكي تتمثل في اسم المشتكي ورقم هويته‪،‬‬ ‫مكان االقامة وطريقة التواصل‪ ،‬أما الجزء االخر يتعلق بالشكوى نفسها‪ ،‬من خالل بيان موضوع الشكوى‪ ،‬الجهة‬ ‫المقدم ضدها الشكوى‪ ،‬بيان حيثيات ووقائع الشكوى‪ ،‬بنود تتعلق بتكرار الشكوى ام انها جديدة‪.‬‬ ‫• نموذج بطاقة مراجعة للمشتكي‪ ،‬تتضمن اسم المشروع واسم المشتكي وعنوانه‪ ،‬موضوع الشكوى ورقمها وتاريخ‬ ‫تقديمها‪ ،‬وقت المراجعة حول الشكوى بالتاريخ‪ ،‬باإلضافة الى معلومات حول الشخص مستقبل الشكوى‪.‬‬ ‫• نموذج استفسار عن معلومات اضافية‪ :‬يمكن عمل نموذج استفسار يتعلق بموضوع الشكوى موجه من الجهة‬ ‫المختصة الى المشتكي‪ ،‬ويقوم المشتكى باإلجابة على االستفسار‪.‬‬ ‫• نموذج رد على الشكوى‪ ،‬بحيث يتضمن خطاب موجه من الموظف المختص الى المشتكي يحتوي على الرد النهائي‬ ‫بخصوص الشكوى‪.‬‬ ‫‪106‬‬ ‫الملحق رقم (‪ :)2‬األدوار والمسؤوليات‬ ‫‪ -1‬دور وزارة الحكم المحلي ومديرياتها في استقبال ومتابعة الشكاوى‬ ‫‪ -‬استقبال الشكاوى من المواطنين‪.‬‬ ‫‪ -‬تسجيل الشكوى وتحويلها الى رئيس البلدية لمتابعتها‪.‬‬ ‫‪ -‬الرد على المشتكي‪.‬‬ ‫‪ -‬ارسال نسخة من الشكوى متضمنة الرد وأي اجراء إضافي تم اتخاذه الى البلدية لحفظه في ملف المشروع‬ ‫لدى البلدية‪.‬‬ ‫‪ -2‬دور طاقم المشروع (طاقم اإلشراف من البلدية) في عملية متابعة الشكاوى ذات العالقة بالمشروع‬ ‫‪ -‬التأكد من وصول الشكوى للبلدية وتسجيلها حسب األدلة واألنظمة‪.‬‬ ‫‪ -‬المتابعة والرقابة على معالجة البلدية للشكاوى المقدمة ومدى رضى المواطن على الرد‪.‬‬ ‫‪ -‬التأكد من متابعة ومعالجة الشكاوى ضمن الفترات الزمنية المنصوص عليها في هذا الدليل‪.‬‬ ‫‪ -‬التأكد من توثيق نسخة عن الشكوى في ملف المشروع‪.‬‬ ‫‪ -‬تضمين تقرير الشكاوى ضمن التقارير الشهرية والفصلية متضمنة جدول الشكاوى )‪. (GRM log‬‬ ‫مالحظة‪ :‬يكون هذا الدليل قابل للتعديل حسب المستجدات وطبيعة الشكاوى محل الدراسة وضمن حدود صالحيات‬ ‫واختصاصات الجهة المختصة‪.‬‬ ‫‪107‬‬ ANNEX 10: Labor Laws, Regulations and Policies 1. BRIEF OVERVIEW OF LABOR LEGISLATION: TERMS AND CONDITIONS Two major legislations in Palestine govern the rights of the labors and the terms and conditions of the employment are: the Palestinian Labor Law no (7) of (2000) and the Council of Ministers Act 11, 2012 regarding the minimum wage. The Labor Law no (7) and the Council of Ministers Act 11, 2012 provide the basic conditions of employment with a view of improving the status of employees in Palestine. The Palestinian Labor Law explains the working hours, wages, leaves, the reward of work end, work contracts etc. The Council of Ministers Act 11, 2012 deals specifically with the minimum wages in the Palestinian National Authority’s locations and basic terms and conditions of employment. Below is the overview of the key aspects of Palestinian Labor Law (No. 07 of 2000) and the Council of Ministers Act 11, 2012. Wages The minimum wage limit is regulated by the Palestinian Labor Law. The specific minimum wages for workers is 30$/day (3.75 $/hour) and the minimum wages for employees is 415 $/month). A labor agreement will determine the form and amount of remuneration. Remuneration will be paid at least once a month. The insurance made by contractors for the contracted workers will pay compensation to the contracted workers for work-related damage that caused any deterioration to the employee’s health and will cover the subsequent, necessary treatment costs. Deductions from payment of wages will only be made as allowed by the national law, and project workers will be informed of the conditions under which such deductions will be made. Working hours The maximum number of hours per day that contracted workers must perform on the project is 8 hours; (Saturday through Thursday) and the allowed work week of 48 hours. For direct workers, the number of hours per day is 7 hours; (Sunday through Thursday) and the work week of 35 hours. Rest breaks The employees will have one-hour meal break each workday. The duration of rest between working days is one day on Friday for contracted workers and two days for direct workers. Overtime work The extra working hours should not exceed twelve hours a week. The worker shall be paid the wage of one and a half hour for each extra working hour he/she works. Leaves An employee will have the right to enjoy paid leave for at least 21 working days, sick leave of 14 days, and unpaid leave for 14 calendar days per annum. Leave does not include maternity leave which is 70 days. Women Palestinian Labor Law includes provision for prohibition of discrimination between men and women. Employment of women is prohibited in the following jobs or under the following conditions: dangerous or hard works, extra working hours during pregnancy and during the first six months after delivery, and during night hours except for the works defined by the Council of Ministers. Labor disputes Palestinian Labor Law includes provision for workers exemption from legal fees arising from work-related disputes and allows to unionize. A bipartite committee will settle any disputes that may arise from the implementation of agreement. The court has jurisdiction over labor related disputes. 2. AGE OF EMPLOYMENT A child under the age of 15will not be employed or engaged in connection with the Project (This is according to the Palestinian Labor Law No. 7 of 2000, article No. 93; and World Bank’s requirements). However, according to 108 the Palestinian Child Law No. 7 for the year 2004, article 14 and International labor Organization (ILO) agreement and due to the nature of the project, where the activities involve possible exposure to COVID-19, no child under age 18 will be employed to work in the project due to the hazardous nature of the work. The contractors will be required to verify and identify the age of all workers. This will require workers to provide official documentation, which could include a birth certificate, ID’s, or birth certificates or medical or school record. Contractor shall keep the records/documents which will be checked on sites by Supervision Engineering Offices. If underage workers are found working on the Project, measures will be taken to immediately terminate the employment or engagement of the child in a responsible manner, taking into account the best interest of the worker. A regular review and checkup will be conducted MoLG-MDLF to make sure no underage workers are still working on the Project. 3. BRIEF OVERVIEW OF LABOR LEGISLATION: OCCUPATIONAL HEALTH AND SAFETY (OHS) Many laws, resolutions, and ministerial instructions and decisions have addressed, inter alia, issues of occupational safety and health, and suitability of the working conditions. The Palestinian Labor Law No. 7 of 2000 guarantees workers' rights to occupational safety and health at workplace, and regulate inspection of work conditions by the competent authorities, and other areas, as follows: Occupational Health and Safety Regulations Articles No. 90, 91, and 92 of the law provided that, the cabinet shall issue the regulations governing the occupational safety and health and work environment. Such regulations shall in particular provide for personal protection and prevention methods for workers from the work hazards and occupational diseases; the necessary health conditions in workplaces; first medical aid means at the establishment; and routine medical examinations of workers. The law also prohibits cutting any expenses or deductions from the workers’ wages in return for the provision of occupational safety and health requirements at the workplace. Following the Labor Law, several resolutions and ministerial instructions were issued detailing health conditions and standards related to occupational safety at different workplaces. These include: • The ministerial decrees No. 15, 17, and 21 of 2003 concerning health conditions and standards at workplaces, medical assistance procedures at the workplace, and safety standards at companies. • The Decision of the Council of Ministers No. (49) of 2004 concerning the preventive list of work hazards and career diseases and work accidents. • Instructions by the Minister of Labor no. (1) of 2005 concerning the precautions to protect workers in construction sites. • Instructions by the Minister of Labor no. 2-6 of 2005, defining the range of chemical exposure limits and standards, exposure to ionizing radiation, noise, and safe levels of brightness of light and temperature at the workplaces. In addition to the Palestinian laws and regulations, the World Bank Group’s Environmental Health and Safety Guidelines (EHSGs) also ensure that occupational safety and health requirements at the workplace are respected. 4. LABOR POLICIES AND PROCEDURES The principles and procedures presented below represent minimum requirements, but are not an exhaustive list of requirements. The employment of project workers will be based on the principles of non-discrimination and equal opportunity. There will be no discrimination with respect to any aspects of the employment relationship, such as recruitment, compensation, working conditions and terms of employment, access to training, promotion or 109 termination of employment. The following measures will be ensured by MoLG to provide fair treatment of all workers: • Recruitment procedures will be transparent, public and non-discriminatory with respect to ethnicity, religion, sexual orientation, disability, and gender. • Clear job descriptions will be provided in advance of recruitment and will explain the skills required for each post. • All workers will have written contracts describing terms and conditions of work and will have the contents explained to them. Workers will sign the employment contract. Terms and conditions of employment will be available at work sites. • Employees will be informed at least two months before their expected release date of the coming termination. • The contracted workers will not pay any hiring fees. • The contracts will be developed in Arabic language. • MoLG will include in contracts that all project personnel must be of the age of 18 years or more. • Set out measures to prevent GBV and SEA in accordance to the World Bank policies. All project workers and communities in contact with project workers will be made aware of the GRM available for the workers and the project and will also be able to lodge complaints to the special pathways for grievances on GBV, SEA, SH. The MoLG will require contractors to conduct an orientation session for their workforce on the grievance mechanism prior to the start of civil works. • Contractors will need to maintain labor relations with local communities through code of conduct (CoC). The CoC commits all persons engaged by the contractor, including sub-contractors and suppliers, to acceptable standards of behavior. The CoC should be written in local language and must include sanctions for non-compliance, including non-compliance with specific policies related to gender-based violence, sexual exploitation and sexual harassment (e.g., termination). All persons engaged by the contractor, including sub-contractors and suppliers shall be oriented and informed about the content of CoC. • Ban the use or support of child, forced or compulsory labor. • Workers should have signed contracts with clear terms as per the Palestinian Labor law. • Provide workers with adequate periods of rest per week, annual holiday and sick leave, as required by national law. • MoLG will include into the bidding documents for procurement of Goods specific OHS standard requirements that all contractors and sub-contractors will meet under the Project. The standards will be consistent with the EHSG guidelines and guidance notes on infection prevention control protocols (IPCP). 5. COVID-19 CONSIDERATIONS The Project will employ workers/labors for civil works. Specific provisions are listed below: Construction/Civil Works if applicable. The contractors will ensure adequate precautions are in place to prevent or minimize an outbreak of COVID-19, and provisions when a worker gets sick. This will include: • Confirming workers are fit for work, to include temperature testing and refusing entry to sick workers. • Considering ways to minimize entry/exit to site or the workplace, and limiting contact between workers and the community/general public. 110 • Training workers on hygiene and other preventative measures, and implementing a communication strategy for regular updates on COVID-19 related issues and the status of affected workers. • Treatment of workers who are or should be self-isolating and/or are displaying symptoms • Assessing risks to continuity of supplies of medicine, water, fuel, food and PPE, taking into account international, national and local supply chains. • Adjustments to work practices, to reduce the number of workers and increase social distancing • Establishing a procedure to follow if a worker becomes sick (following MoH and WHO guidelines). 111 ANNEX 11: Stakeholder Engagement Plan Project stage List of Methods of Timetable: Methods of Target stakeholders Responsibilities information to be notification Locations/ engagement disclosed dates - Sub-project activities, - Notification through - Public meetings/ - People living in the Targeted timeline and municipality’s FB page focus groups vicinity of the project. Municipalities Information to be announcements of and ICUD Page (virtual or face disclosed at the to face) for each - NGOs providing planned activities; preparation stage social services - Official letters, of the pilot - GRM tools for filing for each pilot (including vulnerable emails, meetings. projects. complaints and project. groups such as NGOS providing feedback; Additional design of the people with - Codes of Conduct, details to be disabilities) associated risks and disclosed during - Government agencies Preparation the preparation of mitigation measures at Stage ESMP of each the workplace and project locations. pilot project. - Project status - Notification through Throughout the - Sharing - People living in the Targeted project’s information on vicinity of the project. Municipalities - Project progress municipality’s FB page implementation FB pages - Risks and mitigation and ICUD Page period - Correspondences - NGOs providing measures - Official letters, (Phone, Emails, social services emails, meetings. official letters) (including vulnerable - Implementation of the groups such as NGOS - Reports LALPF and of the people with (including compensation methods disabilities)Governm number of public - GRM mechanisms grievances ent agencies received within the reporting Implementati period). on Stage 112 Project stage List of Methods of Timetable: Methods of Target stakeholders Responsibilities information to be notification Locations/ engagement disclosed dates Post - Project overall progress - Notification through After project - Sharing - People living in the Targeted completion of and major achievements broadcasted or completion information on vicinity of the project Municipalities the project and outcomes, such as written media, press the social media and FB pages of - NGOs and social improvements in releases or services (including municipalities delivery systems, municipalities vulnerable groups - Status of websites, social such as NGOS of the implementation of the media pages people with LALPF and disabilities) compensations affected, - Government agencies - GRM system. and governorates. 113 114