Republic of Malawi Resilience and Disaster Risk Management Project (MRDRMP) ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 1 Acronyms and Abbreviations ARAP Abbreviated Resettlement Action Plan ASWAP Agriculture Sector Wide Approach DC District Commissioner DEA Director of Environmental Affairs DEC District Executive Committee DESC District Environmental Sub – Committee DFO District Forestry Officer DSMP Dam Safety Management Plans DoDMA Department of Disaster Management Affairs EAD Environmental Affairs Department EMA Environment Management Act ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plan ESS Environmental and Social Safeguards GBV Gender Based Violence GRM Grievance Redress Mechanism GOM Government of Malawi ha Hectare HIV Human Immune Deficiency Syndrome Virus IA Implementing Agency IDA International Development Association IRLAD Irrigation Rural Livelihoods Agricultural Development Project MASAF Malawi Social Action Fund MFED Ministry of Finance, Economic Planning and Development MFERP Malawi Flood Emergency Recovery Project MDRRP Malawi Droughts Emergency Recovery Project MRDRMP Malawi Resilience Disaster Risk Management Project MGDS Malawi Growth and Development Strategy MK Malawi Kwacha mm Millimetre MoAIWD Ministry of Agriculture, Irrigation and Water Development MOEST Ministry of Education, Science and Technology Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 2 MOH Ministry of Health MoLGRD Ministry of Local Government and Rural Development NAC National AIDS Commission NCE National Council on Environment NEAP National Environmental Action Plan NEP National Environmental Policy NGO Non – governmental organization PDNA Post Disaster Needs Assessment PPE Personal Protective Equipment PIU Project Implementation Unit PSC Project Steering Committee RAP Resettlement Action Plan RPF Resettlement Policy Framework SEA Sexual Exploitation and Abuse SEP Stakeholder Engagement Plan SGR Strategic Grain Reserve SRBM Shire River Basin Management Programme TCE Technical Committee on the Environment WASH Water, Sanitation and Hygiene WFP World Food Programme WMP Waste Management Plan WUA Water Users Association Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 3 Contents 1.INTRODUCTION .................................................................................................................................. 7 2.1. Malawi’s Resilience and Disaster Risk Management Context ................................................ 9 2.2. Sectoral and Institutional Context ........................................................................................... 9 2.2.1. Agriculture Sector .................................................................................................................... 9 2.2.2. Irrigation Sector ..................................................................................................................... 10 2.2.3. Water, Sanitation and Hygiene Sector .................................................................................. 10 2.2.4. Water Resource Sector ......................................................................................................... 10 2.2.5. Catchment Conservation and Landscape Management ....................................................... 10 2.2.6. Institutional Context ............................................................................................................... 11 3.PROJECT DESCRIPTION.................................................................................................................12 3.1. Project Development Objectives and Results ....................................................................... 12 3.2. Project Components .............................................................................................................. 12 4.POLICIES, LEGAL AND ADMINISTRATIVE FRAMEWORK ..........................................................13 4.1. Malawi Legislation, Regulations and Policies ....................................................................... 13 4.2. ESIA in Malawi ...................................................................................................................... 13 4.3. World Bank Safeguard Policies............................................................................................. 14 4.4. World Bank General Environmental, Health and Safety Guidelines ..................................... 16 4.5 Gap Analysis ......................................................................................................................... 16 5.PROCEDURES TO ADDRESS ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS ............... ..............................................................................................................................................18 5.1. Applicable Safeguards Categorization .................................................................................. 18 5.2. Environmental Safeguards Procedures ................................................................................ 19 5.3. Contingency Emergency Response Component .................................................................. 19 6.POTENTIAL SIGNIFICANT ENVIRONMENTAL AND SOCIAL IMPACTS .....................................20 7.PREPARATION OF THE INTEGRATED PEST MANAGEMENT PLAN (IPMP); GBVMP, GRM AND SEP ..............................................................................................................................................23 8.ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK MONITORING PLAN ........ 24 8.1. ESMF Monitoring, Evaluation And Reporting ....................................................................... 24 9.CONSULTATION ...............................................................................................................................27 9.1. Stakeholder Engagement during Project Restructuring ........................................................ 27 9.2. Summary of Issues Discussed during the Stakeholder Engagement Consultations ............ 27 9.3. Stakeholder Engagement during Implementation ................................................................. 29 9.4. Stakeholder Engagement Plan ............................................................................................. 29 9.4.1. Introduction............................................................................................................................ 29 9.4.2. Stakeholders ......................................................................................................................... 30 9.4.3. Plan Content.......................................................................................................................... 32 10.GRIEVANCE REDRESS MECHANISM ..........................................................................................34 10.1. Introduction............................................................................................................................ 34 10.1.1. Project Grievance Committee ............................................................................................... 34 Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 4 10.1.2. Traditional courts ................................................................................................................... 34 10.1.3. Formal Courts........................................................................................................................ 35 10.1.4. Access to World Bank Grievance Redress system............................................................... 35 10.1.5. Grievance Redress Mechanism Uptake Channels ............................................................... 35 10.2. Project Institutional and Implementation Arrangements ....................................................... 36 10.3. Administration........................................................................................................................ 36 10.4. Safeguards Implementation Arrangements .......................................................................... 36 11.DISCLOSURE ..................................................................................................................................38 11.1. Principle Elements for Consultation and Disclosure ............................................................. 38 11.2. Scope of Consultations in Environmental Assessment of Sub-Projects ............................... 38 12.ESMP CAPACITY BUILDING .........................................................................................................39 12.1. Capacity Development .......................................................................................................... 39 13.BUDGET ..........................................................................................................................................40 ANNEX A: SUB-PROJECT SCREENING FORM ................................................................................43 ANNEX B: MRDRMP ACTIVITY OF SPECIFIC IMPACT MONITORING AND MITIGATION MEASURES ..........................................................................................................................................48 ANNEX C: ESMP TEMPLATE .............................................................................................................60 ANNEX D: STANDARD ENVIRONMENTAL AND SOCIAL CONTRACT CLAUSES ........................69 ANNEX E: WASTE MANAGEMENT PLAN DEVELOPMENT GUIDELINE. ......................................70 ANNEX F: OCCUPATIONAL HEALTH AND SAFETY PLAN DEVELOPMENT GUIDELINE ...........75 ANNEX G: CHANCE FINDS PROCEDURE ........................................................................................78 ANNEX H: CONTRACTOR’S CODE OF CONDUCT ..........................................................................79 ANNEX I: STAKEHOLDER ENGAGEMENT PLAN DEVELOPMENT GUIDELINES .......................80 ANNEX J: GRIEVANCE REDRESS MECHANISM .............................................................................85 ANNEX K: GENDER BASED VIOLENCE MITIGATION PLAN DEVELOPMENT GUIDELINES ......87 Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 5 EXECUTIVE SUMMARY The proposed US$ 80 million Malawi Resilience and Disaster Risk Management Project (MRDRMP), focuses on the recovery of livelihoods and critical infrastructure, while strengthening climate resilience in areas affected by the 2016 drought and the 2019 Tropical Cyclone Idai which has severely affected food production and food security in Malawi. The cyclone damaged significant quantities of crops by the erratic and below average rains in January and February of 2019. Prolonged dry spells that occurred prior to the floods resulted in severe crop failure, particularly in the Southern Region and parts of the Central Region, including many of the same districts that were affected by the 2018/19 floods. The agricultural crop estimates produced at that time showed that overall food production had declined by fifteen percent from the 2018/19 season. The MRDRMP builds on the successes of the Malawi Drought Recovery and Resilience Project (MDRRP) and the Malawi Flood Emergency Recovery Project (MFERP) and will strengthen and improve food security and nutrition of the affected communities in the transitional recovery period while agricultural livelihoods are still being restored to pre-drought levels. The MRDRMP will finance key recovery interventions in the following 15 districts of Malawi: - Dedza, Ntcheu, Balaka, Machinga, Mangochi, Neno, Mwanza, Zomba, Chiradzulu, Blantyre, Thyolo, Mulanje, Phalombe, Chikwawa and Nsanje. The socio-economic impacts of drought have been provided in the Environmental and Social Management Framework (ESMF) as well as potential socio and environmental impacts of the recovery interventions on the environment and the people. The project activities include short and medium-term interventions to help ensure a stable base for improved livelihoods of communities and resilience to future disasters. Agriculture productivity interventions will provide support to drought-affected population, promote agricultural diversification, ensure increased access to input, reduce dependence on livelihood vulnerable to drought and help farmers in targeting the next cropping season, while deriving sustained benefits from the improvement of productive community assets such as rehabilitated water supply and irrigation schemes, excavated water tanks and earth dams. Drought-resilient water and catchment management interventions will increase the availability of water resources, which is crucial for socio-economic growth, development and resilience building. These project activities have the potential to result in environmental and social impacts as a result of the activities at sub- project sites from climate smart agriculture, the rehabilitation and construction works of climate resilience infrastructure (water, supply, and flood management) and enhancing catchment management. Negative environmental and social impacts could include clearance of vegetation, noise nuisance, soil erosion, dust emissions, solid and liquid wastes and pollution of surface and ground water resources, occupational health and safety of contract and community workers, community health and safety and GBV/SHE/SA issues. It is also important to recognize the practice of HIV/Aids prevention and sensitization on non-tolerance of inappropriate contacts with underage girls in communities to help ensure a healthy migrant labour force of contractors and communities for civil works during construction periods. In line with Environmental Assessment OP 4:01, this ESMF prepared by the Government of Malawi will guide the mainstreaming of environmental planning for the Project. The present ESMF for the MRDRMP builds on the lessons learned during its implementation in MDRRP and that of MFERP. The ESMF provides screening procedures for typical anticipated environmental and social impacts for all Project activities and the preparation of subsequent safeguards instruments. The screening process has been prepared as part of the requirements of the OP 4.01 Environmental Assessment and will complement the National Environmental Policy and Guidelines for Environmental Impact Assessment (EIA) in Malawi (1997) which requires environmental and social screening for developments projects. The ESMF outlines possible positive and negative social and environmental impacts that may arise, provides a guide on production of Environmental and Social Impact Assessments (ESIA) and Environmental and Social Monitoring Plans (ESMPs). A guide on screening and sub-project classification based on the Environmental Management Act is also provided. The focus areas of intervention include restoration of agricultural livelihoods, enhanced food security, resilient reconstruction of critical public infrastructure – in the irrigation, water supply and water resources sectors. The ESMF is a dynamic instrument that shall be reviewed periodically in order to be updated and include lessons learned. The ESMF for MRDRMP will be publicly consulted and disclosed in Malawi and at the World Bank’s Info Shop prior to project appraisal. It will be then an integral part of the Project’s Impleme ntation Manual and applicable to all investments under MRDRMP. The ESMF was consulted upon and publicly disclosed in-country and on the World Bank’s website on 22 January 2020. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 6 1. INTRODUCTION World Bank is supporting the Government of Malawi to deliver the MRDRMP. This ESMF provides for the integration of environmental and social stewardship into the project as required by the Environmental and Social Safeguards Policies of the World Bank. World Bank Policy OP/BP 4.01 Environmental Assessment states that: “For projects involving the preparation and implementation of annual investment plans or subprojects, identified and developed over the course of the project period during the preparation of each proposed subproject, the project coordinating entity or implementing institution carries out appropriate EA according to country requirements and the requirements of OB/BP4.01”. The ESMF is necessary under World Bank Policy OP/BP 4.01 Environmental Assessment because the specific sub-projects/activities for implementation are not yet known. The primary purpose of the ESMF is to support a screening process for activities that are identified during project implementation that were not identified during project preparation. MRDRMP consists of a series of sub-projects, the location and specific design and implementation details of which cannot be determined until the sub-project details have been identified during project development. The MRDRMP ESMF sets out the principles, rules, guidelines and procedures to assess environmental and social impacts anticipated throughout project development and implementation. It contains measures and plans to reduce, mitigate and/or offset adverse impacts and enhance positive impacts, provisions for estimating and budgeting the costs of such measures, and information on the agency or agencies responsible for addressing project impacts. The ESMF provides the overarching framework that is to be applied to the MRDRMP as activities become defined. Then environmental and social safeguards instruments specific to those activities can be developed, using the ESMF as a basis for risk assessment and mitigation strategies. In this way, the safeguards instruments sit beneath the ESMF. Benefits of this approach include multiple ESMPs can be produced within a common framework, instruments can be produced for activities of different sizes (from task size to sub-project size), and the preparation of instruments is simplified – there is not the need to repeat all the baseline/background material. The ESMF for MRDRMP will be publicly consulted and disclosed in Malawi and at the World Bank’s Info Shop prior to project appraisal. It will then become an integral part of the Project’s Implementation Manual (PIM) and applicable to all investments under MRDRMP. The ESMF is a dynamic instrument that shall be reviewed periodically in order to be updated and include lessons learned. The ESMF will be updated from time to time by the PIU and the contractors in consultation with the World Bank Safeguards team to incorporate changes in the detailed design phase of the MRDRMP. The ESMF is complemented by the following instruments: • Resettlement Policy Framework (RPF) that lays out the policies, procedural guidelines and institutional arrangement for the implementation of any involuntary resettlement interventions that could be required under MRDRMP; • Pest Management Plan (PMP) that promotes the integrated pest management and the safe use of agricultural pesticides. • Labour Management Plan • GBV Policy For effective execution of the ESMF, herewith a suggested list of supporting documents that needs to be developed on need basis by the various stakeholders of the project. Some of the documents will be mandatory and legally binding and, in some cases, attached to contracts while others will provide guidance for best practices in the interest of protecting people and the environment. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 7 Environmental and Social Date Responsibility Safeguards Issues Revise/update Contractor Code of In Place (To be updated when PIU Conduct new information on sites and specific interventions are availed.) Revise GBV Policy for the Project In Place (To be updated when PIU new information on sites and specific interventions are availed.) Revise/update LMP In Place (To be updated when PIU new information on sites and specific interventions are availed.) Revise/update IPMP In Place (To be updated when PIU new information on sites and specific interventions are availed.) Revise/update Rules for the In Place (To be updated when PIU Contractor new information on sites and specific interventions are availed.) Develop Guidelines for developing February 17th 2020 PIU CESMP Training for Sector and District February 28 2020 PIU, WB personnel on environmental and social safeguards. Conduct in depth environmental and February 15th, 2020 PIU and WB social safeguards training/workshop with an accreditation/ certification system for line departments work in the project Establishment of the GRM in new February 17th 2020 PIU, Districts and Departments project areas Conduct sensitization campaigns on Throughout the Project PIU social safeguards issues Finalize the ESMF, RPF and IPMP. January 22 2020 PIU, WB These instruments need to be disclosed in the country and WB ‘s info shop before project implementation Preparing a catalogue for safeguards February 17th 2020 PIU related documents The Pest Management Plan and the Labour Management Plan will be prepared when the site specific requirements are established. Section 7 provide the framework for how these plans will be drafted and Implemented. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 8 BACKGROUND AND RATIONALE 2.1. Malawi’s Resilience and Disaster Risk Management Context Malawi is highly vulnerable to natural disasters given its location along the great African Rift Valley, rapid population growth, unsustainable urbanization, climate variability and change and environmental degradation. The most common disasters affecting Malawi include floods, drought, stormy rains and hailstorms, among others. Over the past five decades, Malawi has experienced over 19 major incidences of flooding and seven droughts, which heavily impacted the population. In the recent past, Malawi has experienced increased frequency, magnitude and geographical scope of disaster events. Malawi’s economy was hit hard by the El Nino-driven floods and drought of 2015 and 2016, and threat from the fall armyworm in 2018. The drought also slowed economic activity, led to two consecutive years of declining economic growth, and contributed to high inflation rates. In times of crises, households sell livestock and other productive assets to raise cash for food and other immediate household needs. In early March 2019 heavy rains that developed from tropical cyclone Idai inundated parts of Malawi, causing deadly floods in the Southern and some Central parts of the country. These disaster events negatively affected people’s lives, livelihoods and socioeconomic infrastructure in affected areas pushing more people into poverty. The impact of the affected population is cumulative considering the magnitude of 2015 floods, 2016 drought and in 2019 3.3 million people in Idai affected districts were already food insecure. More than 975,600 people were affected by heavy rains and flooding across 24 districts and two cities. In line with international best practices, the Government initiated a Post Disaster Needs Assessment to thorough understand the effects and impacts of the heavy rains and floods. It was estimated that total effects of heavy rains and floods amounted to USD 220.2 million and the Government of Malawi will require about US$ $368.3 million to recover from the effects of heavy rains and floods of 2019. 2.2. Sectoral and Institutional Context 2.2.1. Agriculture Sector Agriculture remains the mainstay of Malawi’s economy, contributing about 27.2 percent of the Gross Domestic Product (GDP). The crops sub-sector alone contributes between 28-30 percent of the agriculture GDP, employs about 87 percent of total Malawi’s work force, and contributes 90 percent of the foreign exchange earnings. Agriculture is the main livelihood for most rural people who account for more than 84 percent of the country’s population. The total land area under cultivation in Malawi is about 2.5 million hectares. Smallholder farmers cultivate small and fragmented land holdings of less than one hectare (on average 0.61 ha) under customary land tenure arrangements and produce lower crop yields than those produced in the estate subsector, and among smallholder farmers, female- headed households cultivate relatively smaller land holdings than their male-headed counterparts (0.53 ha compared to 0.75 ha). The 2018/19 floods have led to severe damage and losses in the crop production subsector. Key factors for loss and damages due to the floods include i) population pressure has led to river bank and river bed cultivation and settlement rendering most of the areas susceptible to floods; ii) Low adoption of soil and water conservation techniques that improves drainage of excess water; iii) increased deforestation and cultivation in the marginal areas/steep slopes-increases run off. The reasons why households are not resilient include i) the wastage of food after harvest-ceremonies; ii) low diversification in crop production – regard only maize as food product; iii) use of local varieties in crop production; iv) low use of fertilizer in millet and sorghum production; v) lack of prioritization of crops during planting. In order to increase the capacity of the farming households to deal with the natural hazards that continue to affect performance of the sector, the following recommendations have been made to promote recovery and build resilience: intensifying crop diversification; promoting winter and irrigated farming; enforce river bank protection; water retention and catchment conservation. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 9 2.2.2. Irrigation Sector Agriculture in Malawi is main backbone of the Malawi’s economy and irrigation is one of the most important components contributing to agricultural sector. Over half of the total area irrigated in Malawi is utilized by smallholder farmers. The 2019 floods have caused tremendous damage to irrigation infrastructures depriving 35,180 irrigation farmers from accessing irrigation services. About 4,901ha of land has been lost due to sand deposits, erosion of soils suitable for crop production and disrupted irrigation season as a result of flood damage. This flood washed away pipelines and the canals. Several solar based pumped irrigation schemes suffered a great damage with pumps and all accessories (electrical connections of solar generator submerged, solar panels and their structural holders) were completely washed. The flooding also damaged infield irrigation structures, scheme roads and related structures, flood protection bunds and water storage reservoirs. Irrigation Recovery Needs: The damaged irrigation infrastructure needs to be recovered within the shortest period possible to reduce the losses. Recovery and reconstruction actions include the provision of motorized and treadle pumps to affected farmers as a temporary measure while awaiting reconstruction of the damaged schemes, reconstruction and rehabilitation of the partially damaged irrigation infrastructure will be undertaken. 2.2.3. Water, Sanitation and Hygiene Sector Before the 2019 floods, the proportion of the population with access to improved water sources was estimated at 86 percent in rural areas with approximately 64 percent of the water points fully functioning. The total damages in water supply and hygiene subsectors were costed from replacement value of the damaged infrastructure such as boreholes, that were either flooded or contaminated, and piped water supply systems that were damaged and washed away. Most of the sanitation facilities such as pit latrines have been damaged and washed away. There was spillage of waste disposal sites and waste had spilled to water supply facilities. The losses were incurred from increased operations in supply of portable water and mobile water supply to the areas where infrastructure was either severely damaged or inadequate, temporary IDP latrine services and water quality testing and treatment. Additionally, silt removal at the water reservoirs or intake points, loss of revenue of the water supply institutions and construction of temporary sanitation facilities compounded the losses in the sector. 2.2.4. Water Resource Sector The 2019 floods destroyed infrastructures (used for flood control, irrigation, domestic use and livestock watering) including 8 multipurpose dams, 10 dykes and 11 hydrological monitoring stations thereby putting the vulnerable communities at risk of flooding and lack of water for domestic use, irrigation and livestock watering. In some dams there was heavy scouring at the spillway. 11 hydrological monitoring stations were completely washed away. The dykes were being used for flood control and the hydrological monitoring stations were being used for flood forecasting, early warning system, and data collection. The damage to the flood protection system has put population at high risk of flood is not recovered quickly. Most damages for dams occurred in Phalombe and Chikwawa districts while largely affected dykes were in Blantyre, Mangochi, Chiradzulu, Mulanje and Zomba districts. 2.2.5. Catchment Conservation and Landscape Management Environmental degradation is one of the main challenges that is affecting the socio-economic conditions in Malawi exacerbating the effects and impact of floods in other sectors. Several factors contributing to land degradation have led to cultivation in marginal lands. Clearance of agriculture land and over reliance of fuel wood for energy is increasing deforestation. As such there is extensive soil erosion leading to siltation of rivers, rising river bed, water and soil pollution from agriculture chemicals and other wastes. The lack of alternative livelihoods for the affected population has led to selling charcoal for income which is increasing the risks of the affected areas. The environmental effects cut across several sectors and need a holistic approach and strict adherence to environmental management and standards. Sectoral policies should coherently address environmental issues. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 10 2.2.6. Institutional Context To ensure better coordination for the disaster assessment and emergency response, at both national and district level, eleven clusters were activated. The Government has activated the cluster system to coordinate the ongoing response. The clusters meet to discuss and coordinate the on-going response (the clusters include Agriculture; Food Security; Health; Nutrition; Water and Sanitation; Transport, Logistics and Communication; Emergency Shelter and Camp Management; Coordination, Communication and Assessment; Early Recovery, Protection; and Education). The Department of Disaster Management Affairs (DoDMA) has also set up a communications technical working group to coordinate information management during both the assessments and response activities. The National Disaster Preparedness and Relief (DPR) Act of 1991 is the oldest and main legal legislation that establishes the Department of Disasters Affairs Management. The DPR Act 1991 provides guidance on coordination and implementation of disaster reduction initiatives in the country. It also establishes the National Disaster Preparedness and Relief Committee, i.e. at both Technical and Steering level, and the National Disaster Preparedness and Relief Fund and the Civil Protection Committee at local level. A National Emergency Operations Centre (NEOC) was established by DoDMA in the Southern Region and in Lilongwe. Cluster leads provided updates to the NEOC to ensure that response activities were coordinated. District teams were also meeting to share progress of the response and coordinate on-going activities within the district. However, coordination of other relief and response activities done by private groups and individuals were deemed as challenge as they did not report to the Coordination Cluster. Policy frameworks at international level, including the Sendai Framework and the African Strategies for Disaster Risk Reduction, have strongly shaped the disaster risk management policy landscape in Malawi. These frameworks have informed Malawi’s overarching development planning document, the Malawi Vision 2020, which is implemented through the Malawi Growth and Development Strategies (MGDS) I (2006-2011); II (2011-2016) and III (2017-2022). Building on lessons learned from the implementation of previous strategies, the new MGSD III focuses on fewer development areas. The Disaster Risk Management (DRM) is one of the development cross-cutting area which aims at reducing vulnerability and enhancing the resilience of the population to disasters and socioeconomics shocks. The National Resilience Strategy (2018-2030) informs implementation of the DRM activities of the MGDS III through breaking the cycle of food insecurity. Additionally, the National DRM Policy (2015) provides strategic guidance for effective mainstreaming, implementation and coordination of DRM programming at all levels of sustainable development policies and planning. It highlights a set of key priority areas and strategies for making Malawi a nation resilient to disasters. The National Resilience Strategy (NRS) provides an opportunity to shift the thinking by putting more emphasis in resilience building from a multi-sectoral perspective to break the cycle of food insecurity and other humanitarian support following disasters. The NRS is designed on the understanding that building resilience must be done across multiple sectors, at the household level as well as within the systems and structures that govern and impact people’s lives and livelihoods. It is centered on four pillars, namely: Resilient Agricultural Growth; Risk reduction, flood control, early warning and response systems; Human Capacity, Livelihoods, and Social protection; and Catchment Protection and management. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 11 3. PROJECT DESCRIPTION 3.1. Project Development Objectives and Results The proposed project development objective (PDO) is to “support the recovery of livelihoods and critical infrastructure, while strengthening climate resilience in areas affected by the 2016 drought and the 2019 Tropical Cyclone Idai.” 3.2. Project Components The MRDRMP has four (4) components: - Component 1: Improving Food Security and Sustainable Livelihoods. This component includes: - (i) delivery of immediate food support to critical drought affected populations; (ii) restoration of agricultural livelihoods in drought affected areas; (iii) upscaling of productivity and drought-resistant crops; (iv) increasing area of irrigated land. To date, the Project has improved access to food for 7.2 million people who were affected by the drought, well exceeding the end target of 1.6 million people. The end target of households receiving support to restore their livelihoods has been met with 87,750 households reached. Most activities of this component have been completed or are committed. Outstanding activities include installation of irrigation schemes and solar drip kits adopted during the restructuring. Component 2: Enhancing Drought-Resilience and Preparedness. This component finances the rehabilitation of critical water infrastructure and improvement to water catchment management. To date, a total of 77,500 households have benefited from access to clean water through new or rehabilitated rural boreholes. A hundred water point committees have been trained to support the management of the boreholes. 14 high yielding boreholes have been drilled or are in progress with rehabilitation of 29 rural gravity-fed water supply schemes at design stage. With regards to drought resilience, a Harmonized Food Assessment Methodology (HFAM) and the National Agricultural Management Information System (NAMIS) have been developed to ensure timely dissemination of early warning information. Component 3: Contingent Emergency Response Component. Following Cyclone Idai, the CERC was activated releasing US$10 million for immediate needs in food security, transport, water resources, water supply and education sectors. Three activities have been funded or committed for procurement: i) rehabilitation of 3 roads; ii) restoration of education infrastructure and provision of school supplies to 69 prioritized schools; and iii) restoration of water and sanitation systems through the construction and rehabilitation of 225 boreholes and 2 water supply schemes. Component 4: Project Management. This sub component is implemented by the Project Management Unit (PIU), financing technical designs for reconstruction and rehabilitation, supervision quality control and contract management, audits and operating costs. The PIU has staff covering the major fiduciary areas related to the Project, but would benefit from additional support in procurement, safeguards and technical functions. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 12 4. POLICIES, LEGAL AND ADMINISTRATIVE FRAMEWORK A review of all statutory and regulatory licenses and approvals in relation to World Bank Safeguard Policies and Malawi National Policy, Legal and Institutional framework is supposed to be carried out for each sub-project. Normally, projects like MRDRMP are either supported or may create conflict with/by national policies. It is therefore important to review all the policies and know which policies are supporting the project and which policies are not supporting the project. Through the analysis, it must be noted and analyzed why some policies are not supporting the project and propose remedies to ensure that the project is being supported by Malawi policies as well as international conventions and treaties. Over the years, Malawi has taken considerable strides in integration of environmental policies in development programmes with the aim of promoting and consolidating sustainable socio-economic development in the country. Some of environment related policies include: The National Environmental Action Plan, the National Environmental Policy, the Malawi National Land Policy, the Environmental Management Act, Occupational Health, Safety and Welfare Act, Town and Country Planning Act, and Local Government Act among others. Overarching to all these policies is the Gender Equality Act, Gender Policy and National Gender Action Plan. 4.1. Malawi Legislation, Regulations and Policies The following Government of Malawi legislation is relevant to the MRDRMP: • The National Irrigation Development Policy (1999) • Irrigation Bill • National Disaster Risk Management Policy (2015) • Local Government Act (1998) • Disasters and Relief Act (1991) • National Water Policy (2005) • Water Resources Act (2013) • Public Health Act (1966) • Occupational Safety, Health and Welfare Act (1997) • The Pesticide Act (2000) • National HIV/AIDS Policy (2012) • National Gender Policy (2015) • Prevention of Domestic Violence Act (2006) • Marriage, Divorce and Family Relations Act (2015) • Employment Act (2000) • Labor Relations Act (1996) • Trafficking In Persons Act (2015) • National and Wildlife Act (Amendment) (1992) • The Malawi National Land Policy • Land Act and Land Acquisition Act • Town and Country Planning Act 4.2. ESIA in Malawi In Malawi, Environmental Affairs Department in the Ministry of Natural Resources, Energy and Mining provides an administrative framework for environmental impacts assessments for prescribed projects. The department is based in Lilongwe and is led by Director of Environmental Affairs who is assisted by several professional and administrative officers. Environmental Affairs Department is supported by a Technical Committee on Environment, a multi-sectoral committee set up under Environment Management Act. It provides expert advice to Environmental Affairs Department on a wide range environmental matters including scrutinizing environmental assessments for projects. It provides professional opinions and makes necessary recommendations to the Director for appropriate action. The Director for Environmental Affairs makes further recommendations on environmental impact assessments to the National Council on Environment (NCE) in the Ministry of Natural Resources, Energy and Mining for final consideration. The National Council on Environment is a policy making body and is made up Permanent Secretaries of government ministries and selected parastatals. The National Council of Environment (NCE) provides policy guidance and recommends decisions on environmental impact assessment reports to the Minister responsible for environmental matters. The Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 13 Department of Environmental Affairs provides secretarial services to both the Technical Committee on Environment and the National Council on Environment. 4.3. World Bank Safeguard Policies Initial screening indicates that the World Bank Safeguard Policies, Environmental Assessment (OP 4.01), Natural Habitats (OP 4.04), Pest Management (OP 4.09), Physical and Cultural Resources (OP 4.11), Involuntary Resettlement (OP 4.12) and Safety of Dams (OP 4.37). Involuntary Resettlement will be triggered as a result of the Project, requiring the Borrower to prepare the safeguards instruments to guide detailed planning once sub-projects are identified firmly at a later stage of Project planning. Screening based on field investigations, stakeholder consultations and a review of potential options for implementation and lessons learned from MDRRP and MFERP sub-projects confirms an assessment of Category B for the MRDRMP. The Screening finds that potential impacts are likely to be site specific, localized, temporary and moderate in nature, and capable of being addressed through commonly used mitigation measures. Operational Policy 4:01 (Environmental Assessment) The objective of Operational Policy 4:01 (Environmental Assessment) is to ensure that Bank-financed projects are environmentally sound and sustainable, and that decision-making is improved through appropriate analysis of actions and mitigation of their likely environmental impacts. This policy is triggered if a project is likely to have potential adverse environmental and social impacts in its area of influence. The construction and rehabilitation of various types of sub-projects under MRDRM Project are likely to have some adverse environmental and social impacts, which will require mitigation. In order to comply with this safeguard policy, all implementing institutions will need to: a) Carry out environmental and social screening of sub-projects using a screening form attached in Annex A. The screening process will be done to appraise environmental and social risks and identify potential mitigation measures in advance. b) Prepare Environmental and Social Management Plans (ESMP) for individual sub-projects. ESMPs will guide the implementation of mitigation measures where need be. c) Annex G includes a sample Chance Find Procedure to manage accidental discoveries of the physical cultural resources within the projects. These procedures will need to be incorporated into civil works contracts. Natural Habitats (OP 4.04) This policy aims at conserving biodiversity as well as many environmental services and products which natural habitats provide to human society. The Bank does not support projects which would lead to significant loss or degradation of any Critical Natural Habitats whose definition includes those natural habitats which are legally protected, officially proposed for protection or unprotected but of known high conservation value. The National Environment Act and the National Environmental Policy uses the same principle of conservation of biodiversity and proper mitigation where there are negative impacts. Precaution is required in line with OP 4.04 to ensure the riverine resources management is sustainable. Pest Management (OP 4.09) The objective of this policy is to promote the use of biological or environmental control and reduce reliance on synthetic chemical pesticides; strengthen the capacity of the country’s r egulatory framework and institutions to promote and support safe, effective and environmentally sound pest management as one way of minimizing potential adverse impacts on human health and the environment and to advance ecologically based IPM. More specifically, the policy aims to: a) Establish that pest management activities in Bank-financed operations are based on integrated Approaches and seeks to reduce reliance on synthetic chemical pesticides through Integrated Pest Management (IPM) in agricultural projects and Integrated Vector Management (IVM) in public health projects. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 14 b) Ensure that health and environmental hazards associated with pest management, especially the use of pesticides are minimized and can be properly managed by the user. c) As necessary, support policy reform and institutional capacity development to enhance implementation of IPM-based pest management and regulate and monitor the distribution and use of pesticides. This policy may be triggered to some extent because as water for irrigation is made available from the proposed interventions many more farmers will be involved hence more fertilizers and pesticides may be used with a subsequent increase in health and environmental risks. Pesticides may be used in fight against vector-borne disease likely to be associated with the creation of reservoirs. The existing IPMP from the parent project will be revised and will continue to identify potential risks of use of pesticides an their management and disposal while promoting measures to avoid their use as a preference and minimize use where no alternative is available. Physical Cultural Resources (OP 4.11) The MRDRM Project activities will not be located on or in proximity to known physical cultural resources such as cultural artefacts, graves, shrines among others. In case such artefacts are discovered during soil excavation during the construction/rehabilitation of infrastructure, proper procedures, as outlined in the Chance Finds Procedures, are to be followed to preserve such physical cultural resources. The contractor and client will be required to assess the risk of encountering PCR in advance of any ground works, and follow a chance finds procedures and contact the National Museums should any archaeological site or artefact be encountered during construction. Annex G provides a Sample Chance Find Procedure to be followed in case of encounters on physical cultural resources. Involuntary Resettlement (O.P.4.12) The objective of Operational Policy 4:12 (Involuntary Resettlement) is to avoid or minimize involuntary resettlement where feasible, exploring all viable alternative project designs. Furthermore, it intends to assist displaced persons in improving their former living standards; it encourages community participation in planning and implementing resettlement and in aiding affected people, regardless of the legality of title of land. This policy is triggered not only if physical relocation occurs, but also by any loss of land resulting in: relocation or loss of shelter; loss of assets or access to assets; loss of income sources or means of livelihood, whether or not the affected people must move to another location. A Resettlement Policy Framework (RPF) has been prepared for the MRDRM Project. The RPF outlines the principles and procedures to be applied in the event that any sub-project involves land acquisition and thus requires the mitigation of potential adverse social impacts. Where there is land acquisition, impact on assets, and/or loss of livelihood, the RPF guidelines must be followed and a RAP completed prior to sub-project implementation. For the MRDRM Project, land will be acquired for new sites for school blocks and irrigation canals (diversion canals). Where there are differences between Malawi’s legislation and the Bank’s operational policy, the latter prevails for the duration of project implementation. Safety of Dams (OP 4.37) The safe operation of dams has significant social, economic, and environmental relevance. When the World Bank finances new dams, Operational Policy (OP) 4.37: Safety on Dams is triggered and it requires that experienced and competent professionals design and supervise construction, and that the borrower adopts and implements dam safety measures through the project cycle. The policy also applies to existing dams where they influence the performance of a project. In this case, a dam safety assessment should be carried out and necessary additional dam safety measures implemented. OP 4.37 recommends, where appropriate, that Bank staff discuss with the borrowers any measures necessary to strengthen the institutional, legislative, and regulatory frameworks for dam safety programs in the Project areas under the MDRRP Project. For new dams, the project will ensure that experienced and competent professionals design and supervise construction. For existing dams, the project will ensure that any dam that can influence the performance of the project is identified, a dam safety assessment will be carried out, and necessary additional dam safety measures and remedial Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 15 work will be implemented as necessary. 4.4. World Bank General Environmental, Health and Safety Guidelines The World Bank Group’s General Environmental, Health, and Safety Guidelines (EHS Guidelines) represent good international practice for managing occupational health and safety (OH&S) risks. The EHS Guidelines contain the performance levels and measures that are generally considered to be achievable in operations by existing technology at reasonable costs. A key element will be OH&S issues during construction works. The fundamental premise for OH&S under the EHS Guidelines is that “Employers and supervisors are obliged to implement all reasonable precautions to protect the health and safety of workers” and that “Companies should hire contractors that have th e technical capability to manage the occupational health and safety issues of their employees”. The overall OH&S philosophy embodied in the EHS Guidelines is that preventive and protective measures should be introduced according to the following order of priority: • Eliminating the hazard by removing the activity from the work process. Examples include substitution with less hazardous chemicals, using different manufacturing processes, etc.; • Controlling the hazard at its source through use of engineering controls. Examples include local exhaust ventilation, isolation rooms, machine guarding, acoustic insulating, etc.; • Minimizing the hazard through design of safe work systems and administrative or institutional control measures. Examples include job rotation, training safe work procedures, lock-out and tag-out, workplace monitoring, limiting exposure or work duration, etc. • Providing appropriate personal protective equipment (PPE) in conjunction with training, use, and maintenance of the PPE. The EHS Guidelines also require that prevention and control measures to minimize occupational hazards should be based on comprehensive job safety analyses (JSA). The EHS guidelines apply to the design, construction and operation of facilities that are part of the MRDRMP. All workers engaged on the MRDRMP will need to be covered under the terms of the EHS Guidelines. 4.5 Gap Analysis The following table identifies requirements of the triggered WB Safeguard Polices, Environmental Assessment (OP 4.01), Natural Habitats (OP 4.04), Pest Management (OP 4.09), Physical and Cultural Resources (OP 4.11), Involuntary Resettlement (OP 4.12) and Safety of Dams (OP 4.37) (alongside relevant Malawi legislation and confirms compliance. Table 1: Gap Analysis World Bank and Government of Malawi Policies Bank Safeguards Policy Requirement Malawi Equivalent Equivalence OP/BP 4.01 Environmental Assessment Environmental Screening. Projects Available in the NEAP Consistent categorised as A, B or C. Category B projects require a ‘limited’ Same as Malawi legal Consistent environmental assessment (which includes requirement a social assessment) and requires a safeguards instrument (ESIA, ESMP etc.) depending on the nature and scale of impacts. Appraisal/Screening Form Covered in Malawi legal Consistent framework An ESMP that includes mitigation Malawi law does not To reinforce social aspects to enhance measures, allocation of responsibilities, emphasize social the package. costs and reporting requirements. aspects Monitoring is required that includes a Covered in Malawi legal Consistent monitoring framework that allocates framework location, frequency, costs and responsibilities. Public consultation required for Category A A requirement in Consistent and B projects Malawi legal framework Disclosure is required A requirement in Consistent Malawi legal framework Institutional capacity and training Covered in Malawi legal Consistent Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 16 Bank Safeguards Policy Requirement Malawi Equivalent Equivalence requirements are assessed. framework OP/BP 4.04 Natural Habitats Application of precautionary principle to Weak in Malawi legal Deliberate enhancement procedures natural resources to ensure environmentally framework required sustainable development Identification of natural habitat issues and Covered in Malawi legal Consistent special needs for natural habitat framework conservation Measures for protecting natural areas in the Covered in Malawi legal Consistent context of country development strategies framework Mitigation measures Covered in Malawi legal Consistent framework OP/BP 4.09 Pest Management Pest Management is required Covered in Malawi legal Consistent framework Pest Management brought about Covered in Malawi legal Consistent agricultural activities is required framework Pest Management affecting Public Health is Covered in Malawi legal Consistent required framework Criteria for Pesticide Selection and Use is Covered in Malawi legal Consistent required framework OP/BP 4.11 Physical and Cultural Resources Physical Cultural Resources is required to Covered in Malawi legal Consistent be included within Environmental framework Assessment Consultation is required whenever Cultural Covered in Malawi legal Consistent and physical resource are encountered framework Disclosure is a requirement Covered in Malawi legal Consistent framework OP/BP 4.37 Safety of Dams When the Bank finances a project that Covered in Malawi legal Consistent includes the construction of a new dam or framework existing dam, it requires that the dam be designed, and its construction supervised by experienced and competent professionals. The above table concludes that all policies triggered will be adequately covered and are consistent with both World Bank and Government of Malawi. This therefore means that all produced Environmental and Social Safeguard tools to be produced under the project will be subjected to submissions and approval processes as deemed necessary. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 17 5. PROCEDURES TO ADDRESS ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS This ESMF was developed to ensure due diligence, to avoid causing harm or exacerbating risks or impacts. This section describes the procedures in place to determine the categorization of the project activity based on potential adverse environmental and social impacts of project activities, and how potential impacts will be addressed through the selection of appropriate mitigation and management plans. The sub-projects that will be identified during project implementation need to go through the screening process, described below, to identify the nature and scale of potential impacts, the OPO4.01 categorization and the safeguard instrument that will be required. The safeguard instrument will either be (in order of magnitude): • An ESIA; • An ESMP; • The existing ESMP (developed as part of this ESMF for specific activities); • An alternative instrument such as a guideline, standard operating procedure; etc., or • No instrument required. To strengthen the social aspects of safeguards compliance there will be needed to highlight gender- based violence mitigation measures through planning for interventions for mitigation. Guidelines for preparing these have been provided in Annex J; Gender Based Violence Mitigation Plan Development Guidelines. Contractors will be required to prepare a Contractors Environmental and Social Management Plan (CESMP) – ad ESMP specifically focused on construction related issues. The Contractor can use the resources included in the ESMF/ESMP (i.e. Appendices with plan outlines) to prepare the CESMP. The CESMP must be cleared by the IA and WB prior to works starting. 5.1. Applicable Safeguards Categorization Table 2: Applicable Safeguard Weighting and Categorization Type of Sub-Project Applicable Instrument All sub-projects or activities An ESMF has been prepared as the project comprises a series of activities, and the impacts of some activities cannot be determined until the details have been identified during implementation. All subprojects require completion of the Safeguard Screening Form (Annex A). Category A - Broad, diverse, potentially Any sub-projects screened as Category A will be ineligible for irreversible impacts; major resettlement; financing. As most sub-projects will involve rehabilitation of conversion of natural habitats; existing infrastructure, Cat A sub-projects are unlikely. Cat A hazardous materials projects are not financeable under the MRDRMP. Category B – Geographically -limited, Site-specific screening undertaken for Category B sub-projects readily identified impacts that can be provide sub-project-specific data/information and further analysis mitigated including site assessment, and analysis of alternatives/environmental and technical constraints to determine the full extent of environmental and social impacts. An ESIA or ESMP depending on the significance of impacts will be prepared to manage potential environmental and social risks. Cat B sub- projects are permissible under the MRDRMP. Category C - Negligible or minimal Category C projects do not require any safeguard instrument potential impacts that are easily beyond screening. Generic mitigation measures identified within mitigated the ESMF are mandatory. Cat C sub-projects are permissible under the MRDRMP. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 18 5.2. Environmental Safeguards Procedures This section sets out a process for screening sub-projects and associated elements during project implementation. Any sub- project and associated elements developed during the Project should be evaluated according to the screening process described below to determine the potential risk of associated environmental and social impacts, and associated mitigation options. The process consists of the following steps: • Step1: at the time of preparing Terms of Reference for each sub-project or associated element, each sub-project or associated element shall be screened and categorized, with a decision made to proceed or modify the proposal to ensure it remains within Category B or C and identify relevant safeguards instruments. • Step 2: Preparation of required safeguards instruments including stakeholder consultations as necessary. • Step 3: Review of prepared safeguards instruments as per Malawi and WB safeguards policies; additional stakeholder consultations as deemed necessary. (PIU and WB). • Step 4: Submit prepared safeguards instruments to WB for no objection. Disclosure of approved instruments locally and on WB’s website. (PIU) • Step 5: Implementation – monitoring, reporting and remedial measures as per approved ESMP etc. Ongoing consultations and community engagement. (IA) 5.3. Contingency Emergency Response Component A Contingent Emergency Response Component (CERC) is also included within to enable MRDRMP funds to quickly be reallocated to respond to emergency events. Component 3 is designed to provide swift response in the event of an Eligible Crisis or Emergency by allowing a portion of undisbursed project funds to be reallocated to respond to natural disasters and/or other crises and emergencies. The CERC may be used following natural disasters or other crises and emergencies, allowing funds to be reallocated from other components of the project. Activities under Component 4 will be governed by the World Bank Directive Contingent Emergency Response Components (CERC) (October 2017). Disbursement of emergency financing under the CERC will be contingent upon: a) the recipient establishing a nexus between the disaster event and the need to access funds to support recovery and reconstruction activities (an “eligible event”); and b) submission to and no objection granted by the World Bank of an Emergency Action Plan (EAP). The EAP will include a list of activities, procurement methodology and safeguards procedures. The EAP will require consideration of safeguard implications for any proposed emergency supplies procurement or reconstruction activities. The World Bank, through the no objection process, will closely examine the nature of the proposed activities, particularly those involving civil works, to ensure (i) that they are not prohibited under the negative list and (ii) that the recipient is aware of the required safeguard compliance documentation before initiating the process by which the proposed works will be prepared and implemented. Emergency activities financed under the CERC will involve financing provision of critical goods or emergency recovery and reconstruction works and it is likely these will fall into Category B or C. Activities that fall under Category C could involve procurement of emergency supplies such as medicine and water and do not require the application of safeguard instruments, post-screening or assessment. Other emergency supplies, such as fuel products, will require safeguard instruments (such as Environmental Codes of Practice or EMPs) to ensure procurement, storage and dispensing procedures are adequate. Preparation of the EAP will have regard to this ESMF and safeguard instruments will require World Bank approval prior to commencement of activities. Importantly, the EAP will need to include procedures for: • Consultation and disclosure; • Integration of mitigation measures and performance standards into contracts; and • Supervision/monitoring and reporting measures to ensure compliance. In order to ensure that CERC subproject activities comply with the requirements of the Bank’s Safeguard Policies, a positive and negative list has been developed to provide guidance on critical imports and/or for emergency works, goods or services which may be eligible for financing. The negative list and screening process will be retained but will need to allow for a degree of flexibility and efficiency in processing potential sub-projects. Further guidance will be detailed in the Finance Agreement (FA) and CERC Operations Manual. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 19 6. POTENTIAL SIGNIFICANT ENVIRONMENTAL AND SOCIAL IMPACTS The table below thrives to outline the most likely environmental and social impacts that may arise from the MRDRMP. The list is not exhaustive as there will be needed to draw individual ESMPs which will base impact analysis on the specific area involved. Table 3: Assessment of Environmental and Social Impacts Component Sub- Potential Positive Potential Potential Negative Potential Mitigation Compensation Resettlement Component Impacts Enhancement Impacts Measures Likelihood Likelihood Component 1 Improving Food Security and Sustainable Livelihoods 1.1: Meeting Urgent Availability of food Food distribution Pollution of air from Use of Certified No Not Needed Food Security Needs during lean periods petroleum products Vehicles for food due to food distribution transportation 1.2: Improving Input and seed Seed and input Pollution of air from Use of Certified No Not Needed Livelihoods and availability at growing distribution petroleum products Vehicles for input Building Resilience seasons due to input distribution through Input transportation Distribution 1.3: Increasing Availability of crops Increased crop Increased soil Application of No Not Needed Agriculture during all growing production erosion, silt in catchment Productivity and seasons irrigation fields, management Resilience disruption of free principles in all crop water flow in irrigation production and fields effective climate smart irrigation application. 1.4: Climate smart Availability of irrigated Increased irrigated Increased silt in Application of No Not Needed irrigation crops crop production irrigation fields, effective climate disruption of free smart irrigation water flow in irrigation principles. fields. Increase in cases of Developing Pest pest infestations Management to control the pest infestations Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 20 Component Sub- Potential Positive Potential Potential Negative Potential Mitigation Compensation Resettlement Component Impacts Enhancement Impacts Measures Likelihood Likelihood Pollution from misuse Preparation of Pest or spillage of Management Plan to pesticides ensure the correct a safe use of pesticides. Component 2: Enhancing Drought and Flood Risk Management 2.1: Rehabilitating and • Increase • Plant trees • Loss of • Ensure all No Not Needed Augmenting Critical water availability for and grass around agricultural land land acquired for Water Supply domestic, agricultural water harvesting • Conflict with construction is duly Infrastructure and natural uses. structures to reduce land owners on compensated. • Rise in water water loses due to boundaries. • Engage table due to evaporation. • Loss of local communities in recharging of ground vegetation (trees and determination of water. grass) land for the • Increase • Loss of structures Base River flows. habitat for wildlife. • Replant • Reduced • Loss of trees and grasses siltation downstream. winter cropping around all structures • Reduced irrigation land. and incidents of flooding • Dam safety • Compensate risks such dam failure any loss of land to and flooding any household or individual • Ensure adequate and regular Dam risk assessments. • Ensure adequate Quality Control during dam construction. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 21 Component Sub- Potential Positive Potential Potential Negative Potential Mitigation Compensation Resettlement Component Impacts Enhancement Impacts Measures Likelihood Likelihood 2.2: Strengthening • Increased • Provide other • Loss of • Introduce No Not Needed Flood and Drought agricultural crop productivity potential land for productivity Risk Management in productivity. enhancement inputs agriculture enhancing Shire River • Reduced soil (e.g. improved seeds, • Loss of technologies to erosion. fertilizers). access firewood and ensure farmers • Increase in • Provide other forest products increase production biodiversity incentives for villages to local communities on current land. • Reduced soil or households that • Loss of • Promote erosion contribute to income for individual and village • Reduced catchment households and woodlots to provide flooding conservation e.g. individuals that for firewood. establishment of depend on forest • Promote village and savings products for their other energy saving loans in the area. livelihood technologies for cooking. • Promote other sources of energy for cooking like gas, electricity or solar. • Introduce alternative sources to livelihood for households that depend on forest products. Component 3 Contingency Emergency Response Component Improved emergency Coordinate with Emergencies Review needs No Not Needed response. Departments to be unknown based on PDNA Reduced nature and identified as CERC By nature, Liaise with DODMA scale of risk to social activities emergencies severe Comply with ESMF, wellbeing and implementers. Potential for screening of projects environmental environmental and and reference to impact. social impacts CERC negative list associated with responses Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 22 7. PREPARATION OF THE INTEGRATED PEST MANAGEMENT PLAN (IPMP); GBVMP, GRM AND SEP Small-scale Climate Smart Irrigation schemes will be some of sub-projects under the MRDRMP and as it is expected that there will be an increase of incidences of crop pests which will call for management practices to control them. It is therefore important that management plan for controlling pests should be available for sub- projects. The first stage should be identification of the pests that are currently available in proposed areas. The identification of pests can be done through bio-physical mapping of the proposed areas. With knowledge of the Agricultural Professionals and consultations with communities and experts in the proposed areas, the pests that might likely immigrate to the proposed areas due to increased crop production can be identified. There is already an Integrated Pest Management Plan (IPMP) prepared for the previous MDRRP which has been successfully implemented. The proposed activities in MRDRMP are anticipated to be similar in nature to that in MDRRP and the existing IPMP remains valid and operational. However, learning from MDRRP experience the opportunity will be taken to update the IPMP. Given that exact site locations are not yet known – and therefore specific pest issues and site based risks are not possible to identify the existing IPMP will be revised only once locations, crops and potential pests are known in order to maximize the potential to provide clear and targeted advice for the sub-projects. The revised IPMP will continue to identify potential risks of use of pesticides and their management and disposal while promoting measures to avoid their use as a preference and minimize use where no alternative is available. The revised IPMP will also recommend use organic substance as compared to chemical substance to curb pests and diseases in Agriculture related interventions. The Government has also prepared guidelines on Gender Based Violence Mitigation to curb and mitigate against gender-based violence at all levels of implementation of the MRDRMP Project (Annex I). This approach will be infused in the Grievance Redress Mechanism (GRM) where a gender friendly methodology of registering grievances will be implored. The GRM to be used was designed and improved under the MDRRP Project and will further be refined with a GRM that has GBV Champions and a committee that will be responsible for registering gender violence related grievances and will be processed in a manner where privacy will be ensured in order to encourage stakeholders to fully utilize the GRM system. Annex J. Finally, this ESMF also serves to ensure there will be stakeholder and citizen engagement as sub projects will be implemented in the MRDRMP Project. Guidelines on ensuring interaction amongst all stakeholders and citizens have been made available in Annex H. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 23 8. ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK MONITORING PLAN Along with annual audits and monitoring reports of the ESMP, annual reports will be expected a list of the instruments produced their approval status by both World Bank and Government of Malawi. Further will be audit and monitoring reports for the individual safeguard tools that will be generated. These reports will be more specific in terms of referring to what was planned and what each stakeholder or player is doing to achieve the stipulated or anticipated enhancement or mitigation of the environmental and social impacts identified. In the same vein, the monitoring reports will isolate Occupational Health and Safety details per site (Annex F), EHS data that will stipulate any other unforeseen Environmental Health and Safety Issues including number and types of injuries and any accidents fatal or otherwise. Finally, the monitoring reports will also provide for grievances in terms of what was recorded, how it was processed, and feedback provided to the complainant and if the issue is closed or not. The MRDRMP Project will have software aspects that are not directly linked to Safeguards requirement like modelling and studies. These are not physical, nor will infrastructure related hence not trigger impacts to the people and the environmental directly. However, it is imperative that all studies and modelling touches on the need for Environmental and Social Policy adherence according to all triggered aspects for implementation. Preliminary Environmental and Social Management Assessment must feature in all the studies and modelling. The Resettlement Policy Framework (RPF) for the MRDRMP Project, being skewed more towards the Social Safeguards acknowledges that this ESMF will guide the capturing of all Safeguards adherence in the studies and modelling to occur in the MRDRMP Project. 8.1. ESMF Monitoring, Evaluation And Reporting The PIU will have coordination responsibility for ESMF monitoring and evaluation of progress by the contractors and other stakeholders. Regular reports will be prepared by the contractors such and weekly Environmental and Social progress reports, H&S reports, Monthly Environmental and Social progress reports H&S reports and records of grievances received. The PIU and the contractors will also prepare reports regarding implementation and progress of all safeguard tools to be generated per subproject, for review and information for the Environmental Affairs Department. Reporting to the Bank will be undertaken in accordance with Project reporting process. Table 4a below describes the Overall Project level monitoring. This table provides further detail for the frequency and requirements of how to report project related accidents and grievances and Table 4b, for the sub-project level safeguard instruments isolated impact monitoring Plan. The impact monitoring and mitigation for the impacts related to the project components measures are described in annex B in table 5,6 and 7. However it is important that monitoring of the sub-project ESMPs will provide the site-specific monitoring necessary to ensure the proper use of the ESMPs and the full implementation of their mitigation proposals. This monitoring will also allow for the real-time review of mitigation efficacy and the need for revisions to mitigation approaches to ensure environmental and social impacts are adequately addressed. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 24 Table 4a: Overall Project Level Monitoring Plan This Table serves to provide overall guidance as to what will constitute overall Safeguard tools that will be required for the MRDRMP Project: - Objective Line Environmental Social Proposed Responsibility Monitoring means Recommended Tools Tools Aspects for for monitoring frequency of monitoring Monitoring Irrigation ESMP SEP Contractor EDO Data collection Quarterly Infrastructure interventions construction and CESMP GBVMP rehabilitation Contractor IPMP GRM workers GRM Grievance recording Quarterly welfare Committees and processing Beneficiary EDO/GRM Stakeholder Committees engagement Quarterly Participation interventions Water Supply ESMP SEP Contractor EDO Data collection Quarterly Infrastructure interventions construction and CESMP GBVMP rehabilitation Contractor GRM workers GRM Grievance recording Quarterly welfare Committees and processing Beneficiary EDO/GRM Stakeholder Committees engagement Quarterly Participation interventions Water Resources ESMP SEP Contractor EDO Data collection Quarterly Infrastructure interventions construction and CESMP GBVMP rehabilitation Contractor GRM workers GRM Grievance recording Quarterly welfare Committees and processing Beneficiary EDO/GRM Stakeholder Committees engagement Quarterly Participation interventions Page 25 of 92 Table 4b: Sub Project Level Safeguards Instruments Isolated Impacts Monitoring Plan Environmental/S Proposed Aspects for Performance Indicator Baseline data Responsibility for Monitoring means Recommended ocial Aspects Monitoring monitoring frequency of monitoring Agriculture and Crop production - Changes in agricultural - Current production levels by Environmental Affairs Socio-economic study Baseline immediately, Irrigation (irrigated and rainfed) productivity by crop type crop type (irrigated and rainfed) Dept. follow up study in 5 yrs. PIU Water resources Characteristics of water - Changes in flow of rivers - Current flow measurements Environmental Affairs Study to analyze Baseline immediately, resources in the catchment supplying water to irrigation and in scheme rivers Dept. changes hydro- water quality analysis to area water supply schemes - Current rainfall PIU meteorological be done annually. - Changes in rainfall patterns measurements conditions - Water quality measurements Water supply - Changes in the number of - Current number of Environmental Affairs Study to analyze Baseline immediately, households with access to clean households with access to clean Dept. changes hydro- analysis to be done water reliable water supply (data from PIU meteorological annually. Ministry of Water/District Water conditions Office) Water borne diseases - Trends in cases of malaria - Base year data for each Environmental Affairs Medical records Annually - Trends in cases of cholera district from Ministry of Dept. - Trends in cases of diarrhea Health/District Health Office for PIU each disease Health status - Changes in nutrition status - Base year data for each Environmental Affairs Medical records Baseline immediately, - Changes in <5 child district from Ministry of Dept. follow up study in 5 yrs. mortality rates Health/District Health Office for PIU each disease Persistent Organic Pollutants/ - Concentrations of POPs, - Current concentrations of Environmental Affairs Water quality analysis Water quality analysis for agrochemicals in water phosphates, nitrates POPs, phosphates and nitrates in Dept. POPs and heavy metals sources water sources PIU to be done twice a year. Biodiversity Flora and fauna in Project area - Changes in flora and fauna - No. and occurrence of Environmental Affairs Study reports (data can Baseline immediately, composition in key Project animal and plant species currently Dept. be obtained from other follow up study in 5 yrs. ecosystems (lakes, wetlands, in each ecosystem PIU agencies) forests, national parks) - Changes in invasive aquatic - No. and extent of invasive weed species, composition and species cover Climate change Climatic factors: temperature, - Changes in temperature, - Current temperature and Environmental Affairs Measurements - this Baseline immediately, rainfall rainfall rainfall measurements Dept. data will be collected analysis to be done PIU as part of the IWRM annually Component Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 26 9. CONSULTATION Consultation required for is a two-way process in which beneficiaries provide advice and input on the design of proposed projects that affect their lives and environment. 9.1. Stakeholder Engagement during Project Restructuring During Project preparation of MRDRMP, discussions were held between the implementing agencies and various stakeholder Government of Malawi agencies along with wider stakeholder groups and the World Bank team. A comprehensive stakeholder analysis was undertaken to identify and assess the importance and the influence on the project either positively or negatively. There are primary and secondary targets for any project depending on the level of influence they have. Primary targets are specific individuals or institutions which can take or influence decisions in relation to proposed project. The other group of institutions are secondary targets, also known as influencers. These institutions are also important in any project implementation of this magnitude. They need to be given the necessary attention and attended to at any time. The Institutions in this group are the ones who have access to the decision makers, and they can influence the decisions that those in “primary target” group can make. The local communities are also considered to be in the category of secondary targets, and they are equally important for they are supposed to own the project for things to move smoothly. Those that belong to this group may become partners. 9.2. Summary of Issues Discussed during the Stakeholder Engagement Consultations Stakeholder Engagement was carried out between 8th and 19th September 2019. Table 4c below shows the summary of the issues that were discussed. Table 4c: Summary of stakeholder engagement Environmental and Social Impacts Enhancement measures Who raised the issue Alleviating water problems in the communities where Community engagement Members of the District boreholes will be installed Environmental Sub- Committees/ Technical Improvement of amenity and scenery through the Engage qualified contractors who build high quality Committees on infrastructure that will be refurbished or rehabilitated standards infrastructures Environment, in the District, Municipal and City Councils Improvement of service delivery in the councils e.g. Through capacity building of the councils of, Zomba and Mangochi education and health Enough resource allocation to the councils Improvement of sanitation in the town councils Timely servicing of vehicles that carry garbage Provision of PPE to the workers who work in the sanitation Motivation of the staff in the councils and municipality Through Capacity building Employment opportunities to people from Employ people from surrounding communities may be surrounding communities where project activities will ¾ be implemented Contractors to be open in employing women as well Business opportunities to the locals Procurement of construction materials from locals It will set standard on how safeguards ought to be Ensure implementation on the ground implemented in the district Full involvement of Council and Communities Improvement of accessibility to health facilities due to Engage highly qualified contractors in construction refurbishment of clinics and houses constructed Generation of new markets Allow surrounding communities to sell their Page 27 of 92 Environmental and Social Impacts Enhancement measures Who raised the issue merchandise to the project sites Skills transfer to the workers that might be employed Sensitize workers to have deliberate efforts by the from surrounding communities in construction works workers to be focused in the work Letters of reference to be written for those workers with previous experience so that they are given some skilled work Improvement of equity to health services through Employ more health workers to settle in the remote provision of houses for workers areas where houses have been constructed Borrow pit creation due to potential for sand mining Use of cement blocks Members of the District and brick making Environmental Sub- Contractor to sign MOU on rehabilitation of the pits Committees/ Technical after use Committees on Environment, in the District, Proper positioning of the borrow pits away from Municipal and City Councils surrounding communities Blantyre, Neno, Mulanje, Potential for conflicts in selection of project sites i.e Early sensitizations on the project and encourage Balaka, Chikwawa and between councillors, Members of Parliament and district to be consistent with district development plan Phalombe councils Occupation health risks in the construction sites Teams from councils conducting regular sensitizations Provision of PPE Require contractors to develop and implement occupational safety and health policy Provision of First Aid Kits Noise pollution in the construction sites Use of equipment which produce least noise in clinics and schools to be refurbished Engaging the officials at the construction sites about the activities earliest stage Potential for Marriage disruption due labour influx Community sensitization and foreign workers to be sensitized on norms and community values Potential for tree cutting for newly constructed Use of cement blocks infrastructures and burnt bricks replanting Potential for social fabric disruption in communities Community sensitization and foreign workers to be where construction will take place sensitized on norms and community values Resistance by the central government departments Capacity building for councils to devolve some powers to the local councils Provision of resources to councils Enforce the existing laws on roles of central government and local councils Political will Involve parliamentary committees to lobby for support Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 28 Environmental and Social Impacts Enhancement measures Who raised the issue on central government to devolve some powers Increase risks of sexually transmitted diseases i.e. Sensitizations meetings STIs in project sites due to increase income earned Provision of condoms to the workers Contractor to have code of conduct Risks of injuries to workers/general public in Hoarding construction sites construction sites PPE provision Potential for conflicts between workers and Involvement of labour office contractor due to low wages and delay in payment Constructor MOUs to be clear GRM to be in place Potential for conflicts in selection of project Follow district development plans beneficiary sites Need to stick to project guidelines Potential for land conflicts in the construction sites Engage communities at earliest stage might delay project Involve local leaders Signing land donation forms Dust pollution in construction sites Provision of PPE masks to workers Application of water in high dusty areas to suppress dust Congestion in available sanitation facilities due to Provision of temporary toilets for the workers labour influx in the project sites Proliferation of plastic bottles litter through project Use of decomposable containers meetings that will be providing refreshments in conference water in Promoting reuse and recycling of plastics, creation of local markets and innovation Reliance on paper when carrying out the Digitalisation of the screening tools and process environmental and social screening contributing to loss of vegetation 9.3. Stakeholder Engagement during Implementation During Project implementation, monitoring systems will be setup and used to identify successes and issues related to Project activities, and will include the GRM, (refer Section 10) together providing a useful platform for citizen/beneficiary input into adaptation of the Project as it progresses. 9.4. Stakeholder Engagement Plan 9.4.1. Introduction The MRDRMP were discussed with a wide range of stakeholders including relevant government departments, industry groups, NGOs, and individual community members and approved by Government. On-ground consultation has been undertaken during the restructuring of the project and it is expected that consultation with stakeholders and any affected communities will continue throughout the project. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 29 9.4.2. Stakeholders Table 5: Key stakeholders identified in the project so far are: Level Stakeholders Issues Interest Likely Influence Engagement mechanism National Environmental Affairs Environmental issues, Environmental Approve ESIA Report Formal Department (EAD) EIA Conservation and meetings Protection Ministry of Agriculture, Management of water Construction of water Enforcements of Irrigation and Water resources, Water infrastructures conservations activities Development Supply, Sanitation, (irrigation, water around the dam and in Climate Change, supply and dam) as the command area. agriculture, Irrigation, per approved Supply of drinking Pesticides and Other standards, Improved water to communities agricultural inputs, agricultural productivity Ministry of Agriculture, Fisheries Climate resilient Animal Industry and sustainable agriculture Fisheries (MAAIF) Department of Forestry Promotion of forestry Limiting deforestation Will give approval Affairs resources of plated forest in before part of the project area forest is taken over by the project Ministry of Gender, Gender, Community Gender sensitive, Promote gender, Children, Disability and Development, safe, healthy occupational safety Social Welfare, Occupational Safety development project and health (OSH), and Health disability, youth and Ministry of Labour, community Youth and Social development aspects Development of the project NGOs All development Development of rural Advocate for the related issues population project Ministry of Lands, Valuation Bases and Government Approval of Valuation Meeting and Housing and Urban Methodology Expenditure and Reports, a component Discussion Development Compensation Award of RAP Chief Government Value’s Office District Members of Political and Development project Influence the Parliament and developmental in the district community to support Councillors aspects of the project the project Environment Officer Environmental Minimal damage to Recommend project to aspects of the project the environment, if district leadership and not project should to EAD. improve environment Irrigation and Water Hydrological and Safe and beneficial Influence district Officers Engineering aspects water development leaders to embrace the of the project project project Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 30 Level Stakeholders Issues Interest Likely Influence Engagement mechanism Agriculture/Production Agricultural More and safer Mobilise farmers to Officer productivity aspects agricultural embrace project production Health Officer Health aspects of the Better health for Support the health projects communities and facilities and migrant workers community health action (VHTs) Gender/Community Gender, livelihood Gender, age and Prevention of Development Officer and community disability discrimination of any development aspects consideration in the type on the project of the project project Labour Officer Employment aspects Employment for local Promote enforcement and immigrant of labour and OSH population laws CSOs/NGOs/CBOs Development, health, Socio-economic Promote project as a livelihoods and development vehicle for socio- human rights issues economic development Land Officers Updated District Area Legal/Statutory Will Provide Consultation Compensation Requirement Acceptable meetings/Inqu List/Rates Compensation for iries Crops, Trees etc. TA level Traditional Authorities Development and To link communities To build confidence of governance issues to higher levels of the community in the authority and to other project stakeholders Police and other Makes sure that The community Formulation of Security Agencies security issues are always lives in community policing to enhanced in the harmony enhance local security project areas Health Workers Health and Better health and Promote project from development issues nutrition of community the health benefit members angle Agricultural Extension Agricultural Increased agricultural Mobilising support of Workers productivity, income production farming communities generation issues Arial Development Governance, To link communities To build confidence of Committees (ADC) community education to higher levels of the community in the and mobilization authority and to other project issues stakeholders Community Community education Communities are Continued mobilization Development and mobilization mobilized to embrace of communities to Officer/Assistant issues and facilitate the support project project NGOs Mobilization of Concerned with the Mobilizing local people farmers to practice well-being of the to diversify their way of Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 31 Level Stakeholders Issues Interest Likely Influence Engagement mechanism intercropping people in the social living. economic sectors Providing safe water Mobilising people for to people public health Providing passable roads Village Group Village Governance, To link communities To build confidence of Level Headperson (GVHs), community education to higher levels of the community in the and Village and mobilization authority and to other project Headpersons issues stakeholders Village Development Governance and To disseminate Mobilise members of Committees (VDCs), community education message about the community to accept Arial Extension and mobilization project and own project Committees (AECs) issues Opinion/Religious Leaders Women/Youth Leaders Governance and Employment, better Mobilise other community education incomes, better members of and mobilization health community to accept issues and own project Other Community All issues Development of the Accept and support Members community project 9.4.3. Plan Content A Stakeholder Engagement Plan (SEP) has been prepared (Annex H). Features of the SEP include: o A list of stakeholders. o Identification of ways to engage the stakeholders in the key outputs of the project. o A Stakeholder Action Plan. o Identification of roles and responsibilities for stakeholder engagement. o Mechanisms for regular monitoring and evaluation of project issues, outcomes and feedback. o Proposed engagement techniques for meaningful engagement and encouraging participation. o A summary of consultations undertaken during formulation of the ESMF. o Inclusion of the GRM. The PIU will develop and release updates on the MRDRMP on a regular basis to provide interested stakeholders with information on MRDRMP status. Updates may be via a range of media e.g. print, radio, social media or formal reports. A publicized telephone number will be maintained throughout the MRDRMP to serve as a point of contact for enquiries, concern, complaints and/or grievances. All enquiries, concern, complaints and/or grievances will be recorded on a register and the appropriate manager will be informed. o Where there is a community issue raised, the following information will be recorded: o Time, date and nature of enquiry, concern, complaints and/or grievances; Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 32 o Type of communication (e.g. telephone, letter, personal contact); o Name, contact address and contact number; o Response and investigation undertaken as a result of the enquiry, concern, complaints and/or grievances; and o Actions taken and name of the person taking action. Some enquiries, concern, complaints and/or grievances may require an extended period to address. The complainant(s) will be kept informed of progress towards rectifying the concern. All enquiries, concerns, complaints and/or grievances will be investigated, and a response given to the complainant in a timely manner. A grievance redress mechanism has been included in the ESMF to address any complaints that may not be able to be resolved quickly. Nominated PIU staff (or its delegate) and/or consultant and contractor staff will be responsible for undertaking a review of all enquiries, concern, complaints and/or grievances and ensuring progress toward resolution of each matter. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 33 10. GRIEVANCE REDRESS MECHANISM 10.1. Introduction During the implementation of MRDRMP, a person or group of people can be adversely affected, directly or indirectly due to the MRDRMP activities. The grievances that may arise can be related to social issues such as Loss of land, involuntary resettlement, loss of crops, disruption of services, temporary or permanent loss of livelihoods and other social and cultural issues. Grievances may also be related to environmental issues such as excessive dust or noise generation, damages to infrastructure due to construction related vibrations or transportation of raw material, noise, traffic congestions, changes to access etc. Should such a situation arise, there must be a mechanism through which affected parties can resolve such issues in a cordial manner with the MRDRMP personnel in an efficient, unbiased, transparent, timely and cost-effective manner. To achieve this objective, a grievance redress mechanism that was set up for the Parent Project MDRRP, which has been revamped and is functioning well has been included in the ESMF for the MRDRMP. Implementation of projects activities under MRDRMP will take place in 15 districts. Implementation of the activities may generate several challenges and complaints especially to those which relate to infringement of rights of sections of the society. Examples of complaints include: discrimination in distribution of relief food to drought affected people, discrimination among farmers on irrigation schemes, objections to use of someone’s land during emergency detours, encroachment on private land, harassment of women, and marginalization of women in distribution of material assistance. And examples of grievances: include dissatisfaction with amount of compensation and, dissatisfaction with size and nature of land replacement. Such grievances are likely to crop up in one way or another in implementation sub-projects under MRDRMP. Since the implementation of some labour-intensive public works programmes will be community based, negotiation and agreement by consensus will provide the first avenue to iron out and resolve any compliant/grievances expressed by the individuals, the land owners or households whose land and properties might be affected. The communities will ensure that resettlement related grievances should be addressed during the identification and appraisal of sites. In this context, the existing channels from the Parent Project of grievance redress mechanisms will continue, and continuous sensitization of the project affected people on how to access the GRM will be conducted. The process of grievance redress mechanisms involves project grievance committees, informal courts handled by traditional leaders (village headmen, traditional authorities) and formal courts within the judiciary. 10.1.1. Project Grievance Committee The PIU will ensure that implementation mechanism of each sub-project under the MRDRMP will have a Project Grievance Committee that will be drawn from the local government VDC/ADC structure. Within the Project Grievance Committee, there will be members who will be assigned specifically to record contractor worker’s grievances and gender sensitive grievances and the same will be responsible for processing in as much an independence manner as possible. The committee will be the first reference point of issues which crops from activities on the site. The committee will be composed of chosen representative of key stakeholders in implementation of sub-project. The committee will operate within framework and timeframe of project cycle. The committee will be set up to address some issues/cases related to activities. The committee will also be responsible for referring some cases/issue to relevant oversight bodies. 10.1.2. Traditional courts Traditional courts are community-based tribunals and operate in form of primary justice. Traditional courts are based in each local village in the country. When complaints/disputes related to project arise, the matter will be referred to a village head of the area (project area). The village head will organize a village Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 34 tribunal to preside on the matter. Both parties in complaints/cases will be called to be heard. When one party is not satisfied with the decision at village headmen level, the complaint can be taken up to group village headmen. Similarly, that party not satisfied with decisions on complaints at that level, can take the matter to traditional authorities (T/A) for public hearings. In most cases/ complaints of this nature are sorted out at traditional authority level. However, those who are not satisfied with the verdict will be allowed to appeal to the District Commissioner (DC) of the district. Further appeals can be made to the central government. In this regard, the matter can be referred to one of the line ministries (Ministry of Lands and Valuation, Ministry of Labour, Ministry of Local Government) on the matter of dispute which may give direction on the existing policy to be implemented. 10.1.3. Formal Courts Formal courts include magistrates, High Court of Malawi and Supreme Court of Malawi. These courts handle both civil and criminal cases. Regarding complaints and cases during MRDRMP, people with complaints will have opportunity to take cases to these courts for review and determination on course of action. Such cases may include review of amount of compensations, cases theft of valuable properly as well as beating each other. Magistrate courts are in all the 15 affected districts and these would help complainants to access the services of these magistrates in case such needs arise. 10.1.4. Access to World Bank Grievance Redress system Malawi Government will also ensure that communities and individuals in project locations are aware of World Bank Grievance Redress System. Government will disclose simple system of submitting issues of concern through letters or newspapers. People who believe that they are adversely affected by project activities carried by contractors or communities may submit complaints (through letters/phones) to Grievance Redress Service (GRS) World Bank Malawi office. The letters would be reviewed by offices. The system ensures that complaints received are promptly reviewed in order to address project-related concerns. Project affected communities and individuals may also submit their complaint to the Bank’s independent Inspection Panel, after having brought the complaint to the attention International Development Association through Malawi Country Office. Information on how to submit complaints to the Bank’s Grievance Redress Service and the Bank Inspection Panel will be disclosed to the public during public disclosure of Environmental and Social Management Framework. 10.1.5. Grievance Redress Mechanism Uptake Channels Commonly used communication lines to generate knowledge of availability of the GRM beyond project affected persons and beneficiaries will include but not limited to:- • Radio programmes through local area radios or national radio stations • Chief’s and traditional leaders regular village meeting announcements • IEC materials generated by the PIU that will include posters and leaflets distributed around project areas • A Hotline with available mobile networks • A WhatsApp number Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 35 INSTITUTIONAL ARRANGEMENTS FOR SAFEGUARDS IMPLEMENTATION 10.2. Project Institutional and Implementation Arrangements The Ministry of Agriculture will be the Executing Agency for the MRDRMP, while various sectors including the Department of Irrigation, Department of Water Supply, Department of Water Resources, will be the Implementing Agency (IA). There shall be a Project Steering Committee (PSC), whose primary role will be to provide general oversight and policy direction to MRDRMP stakeholders during MRDRMP implementation, convene key stakeholders in the event of disagreement, and periodically review MRDRMP progress. The membership of the PSC will include the all relevant Departments listed above in the Ministry of Agriculture, in the Departments of Irrigation and Water Development. The PIU team will be supported by a team from the World Bank. The World Bank will be represented by a Task Team Leader and Co-Task Team Leader, who will lead a team of experts with different technical specializations. 10.3. Administration The ESMF will be assessed for each sub-project by the Environmental Affairs Department, with periodic review by WB as necessary, prior to any works being undertaken. The ESMF identifies potential risks to the environment and social matters from the projects and outlines strategies for managing those risks and minimizing undesirable environmental and social impacts. Further, the ESMF provides a Grievance Redress Mechanism for those that may be potentially impacted by the projects that do not consider their views have been heard. The PIU will be responsible for the supervision of each ESMP. The PIU and EAD, with the endorsement of the WB, will ensure each ESMP is adequate and followed with relevant departments as IA, being responsible for ensuring timely remedial actions are taken by the contractor where necessary. The PIU will be responsible for the revision or updates of this document during work. It is the responsibility of the person to whom the document is issued to ensure it is updated. The site supervisor will be responsible for daily environmental inspections of the construction site. The Consultant or its delegate will cross check these inspections by undertaking monthly audits. The contractor will maintain and keep all administrative and environmental records which would include a log of complaints together with records of any measures taken to mitigate the cause of the complaints. The contractor will be responsible for the day to day compliance of the ESMP. The IA and will be responsible for the implementation and compliance with the ESMP via the collaborating partners and contractors. The ESMP will be part of any tender documentation. The Supervising Engineer/Project Manager will supervise the contractor, while the Safeguards Specialist will be responsible for environment and social issues. 10.4. Safeguards Implementation Arrangements The PIU will be responsible for the ESMF and integrating the requirements into the Program. The Contractor and Consultant will have responsibility for the day-to-day implementation of all safeguard requirements. One environmental and one social Safeguards Advisor will be attached to the PIU and will ensure the effective implementation of the Project ESMF and ESMP. The Safeguard Specialists ’ functions include the supervision of all safeguard’s activities, implementation of the Stakeholder Engagement Plan, and for the overall record keeping and reporting of safeguards for the project. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 36 Table 6 outlines the key responsibilities for safeguards implementation Stage Task Responsible Party Scoping Review and clearance of ESMF World Bank Disclosure of ESMF PIU/ WB Eliminate all activities that are excluded by Screening PIU Form (Annex A) or listed on the CERC Negative List (refer Chapter 6) Confirm consultations are adequate EAD Screening Screen all proposed activities for adverse environmental PIU and social impacts based on scoping exercise with Safeguard Screening Form (Annex A) and categorize sub-projects Screening records filed for review PIU Review screening process PIU/EAD Sub-Project Undertake field surveys to inform sub-project design and PIU/Consultants Preparation and EA and ESMP as required Design Design subproject and activities in accordance with PIU national and international standards and environmental/social practices. Prepare documentation or arrange/organize for PIU/Sectors/ preparation of documentation (i.e. EAs, ESMPs etc.) for Consultants each sub-project, in accordance with ESMF and national legislation and agreements Support review process and documentation EAD Approve permits EAD/WB Disclose draft documents in country PIU Undertake consultation with stakeholders and affected PIU/EAD peoples as required. Monitoring Project monitoring, Construction compliance PIU/ Consultants/ management, oversight of Contractors, enforcement of Contractors Contractor behaviour, incident management etc. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 37 11. DISCLOSURE As part of the requirements of World Bank policy OP/BP 4.01 (Environmental Assessment), the ESMF is to be publicly disclosed. A newspaper advertisement will alert the public to the disclosure of the instruments Likewise the PIU will ensure that copies of all prepared safeguard instruments are available locally at the PIU and all EAD offices both at Headquarters and District levels, making it easily accessible to interested and affected groups and local NGOs. The ESMF is a dynamic document and will be reviewed, updated and approved as necessary throughout the implementation of the MRDRMP. For each approved updated version of this ESMF, the PIU will be responsible for disclosure through the above channels. Other project disclosure activities will happen as part of the stakeholder engagement plan. 11.1. Principle Elements for Consultation and Disclosure According to Guidelines for Environmental Impact Assessment in Malawi (1997) and World Bank Environmental and Social Safeguards, public consultations are an integral component of the ESIA requirements. The guidelines identify the following principal elements: o Developers are required to conduct public consultation during the preparation of Project Briefs, ESIA, and ARAPs. o The Director of Environmental Affairs may, on the advice of the Technical Committee on Environment (TCE), conduct his or her own public consultation to verify the works of a developer. o Formal EIA Reports documents are made available for public review and comments. Documents to which the public has access include Project Briefs, ESIA terms of reference, draft and final ESIA Reports, and decisions of the appropriate authorities regarding project approval. The Director of Environmental Affairs will develop practices and procedures for making these documents available to the public. It is very unusual that an ESIA will need to contain proprietary or market sensitive information (i.e. technological and financial) which a developer would prefer to remain confidential. o Certificates approving projects will be published by relevant authority and displayed for public inspection. Public consultations are critical in preparing an effective proposal for the construction, operation and rehabilitation of the project activities. The first step is to hold public consultations with the local communities and all other interested/affected parties, during the screening process and in the course of preparation of TORs of the Environmental Impact Assessment Reports. These consultations should identify key issues and determine how the concerns of all parties will be addressed in response to the Terms of Reference for the Environmental and Social Impact Assessment studies which may be required for construction and rehabilitation proposals. 11.2. Scope of Consultations in Environmental Assessment of Sub-Projects Guidelines for Environmental Impact Assessment in Malawi (1997), provides details concerning the public consultation methods in Malawi. Such methods include press conferences, information notices, brochures/fliers, interviews, questionnaires and polls, open houses, community meetings, advisory committees, and public hearings. The guidelines for public consultation include, among others, a requirement that major elements of the consultation program should be timed to coincide with significant planning and decision-making activities in the project cycle. In terms of Malawi's ESIA process, public consultation should be undertaken during (i) the preparation of the ESIA Reports terms of reference; (ii) the carrying out of an ESIA Reports; (iii) government review of an ESIA Reports; and (iv) the preparation of environmental and social terms and conditions of approval. Public consultations under sub-projects will be carried out by district environmental sub-committees, consultants and project committees as part of the environmental and social screening process of sub-projects, and the results will be communicated in an understandable language to potentially affected persons and beneficiaries. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 38 12. ESMP CAPACITY BUILDING 12.1. Capacity Development For the implementation of this ESMF to be successful, there is need to have people with the right skills and knowledge. The MRDRMP will therefore be required to carry out capacity needs assessment to ensure that the capacity gaps for successful implementation of this ESMF are identified. Building capacity is about increasing the knowledge and skills of individuals,and strengthening the supporting organizational structures and systems that are needed to effectively implement this ESMF. For the successful implementation of this ESMF, the capacity building requirements will mostly be in the form of training programs for Ministries, Area Development Committees, Environmental Affairs Department and District Council staff, Contractors, Supervising Engineers and local communities. The first step in pursuing capacity building will be to identify the capacity building needs of the various stakeholders. However, in addition to the needs identified, an indicative list of areas of training relevant to implementation of this ESMF has been proposed which includes: • World Bank’s Safeguards; • ESIA process; • Project cycle and ESIA/ ESMF (including E&S clauses in project contracts); • Institutional processes and coordination between PIU, technical Ministries and EAD; • Environmental and Social Screening Checklist; • Labor laws and working conditions; • Biodiversity conservation and sustainable management of natural resources; • Grievance Redress Mechanism; • Stakeholder engagement; • Environment and Social priority issues; • Resettlement policies and procedures; • Identification of beneficiaries • Integrated pest management; • Dam safety; • Labor influx; and • Occupational Safety and Health issues. The project will develop a training plan based on the needs identified, however it is envisaged there will be 2 Training of Trainers Programmes; one for District Council Staff and the second one for Community Committees. Below is the tentative programme. Day Topic Day 1 ESIA process Concept of ESMF Difference between ESIA and ESMF Day 2 World Bank Environmental and Social Standards Malawi EIA Policy and Regulatory Framework Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 39 Environmental and Social Screening Checklist Day 3 Labour laws and working conditions Sustainable livelihoods activities Grievance Redress Mechanism Environment and Social priority issues; HIV and AIDS and other STIs Gender Based Violence Child Labour Day 4 Project monitoring Resettlement policies and procedures; Identification of beneficiaries; Community Health and Safety The training will be conducted by technical Ministries, EAD, Ministry responsible for Gender, Ministry of Labour (Department of Occupational Health and Safety), Ministry of Lands, Housing and Urban Development. On-going support will be provided by the World Bank team for the duration of the MRDRMP, including during environmental and social screening of sub-projects and review of prepared safeguards instruments. Delivery organizations have the responsibility for ensuring systems are in place so that relevant employees, contractors and other workers are aware of the environmental and social requirements for construction, including the ESMF/ESMP. All MRDRMP personnel will attend an induction that covers health, safety, environment and cultural requirements. All workers engaged in any activity with the potential to cause serious environmental harm (e.g. handling of hazardous materials) will receive task specific environmental training. 13. BUDGET The following is an estimated budget for implementing the ESMF subject to review. These items are over and above those specific activities considered to be covered by normal operations. Item Cost Estimate USD ESMF Updating and Auditing 850.00 General ESMF Expenses 550.00 Monitoring and evaluation of environmental impact mitigation measures and 800.00 development and enforcement of SOPs relating to environmental mitigation Stakeholder Engagement (Catering, venue hire, media, materials, travel 450.00 and accommodation, translation and interpretation services, etc.) GRM related costs 500.00 Institutional Training 200.00 HIV/GBV/Human Trafficking Training (Costs of training by local 250.00 organizations) Monitoring and reporting (Travel and accommodation costs; report 2500.00 production costs (non-staff costs) Engagement of Specialist Fees, operating costs, office support and 2500.00 Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 40 maintenance, communication etc. Additional services 500.00 Total 9100.00 Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 41 ANNEXES Annex A: Sub-Project Screening Form Annex B: MRDRMP Activity Specific Impact Mitigation Measures Annex C: ESMP Template Annex D: Standard Environmental and Social Contract Clauses Annex E: Waste Management Plan Development Guidelines Annex F: Occupational Health and Safety Plan Development Guidelines Annex G: Chance Finds Procedure Annex H: Contractor Code of Conduct Annex I: Stakeholder Engagement Plan Development Guidelines Annex J: Grievance Redress Mechanism Annex K: Gender Based Violence Mitigation Plan Development Guidelines Annex L: Environmental Rules for Contractors Annex M: Labor Management Plan Annex N: Annex N - Integrated Pest Management Plan for MDRRP Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 42 ANNEX A: SUB-PROJECT SCREENING FORM ENVIRONMENTAL AND SOCIAL SCREENING FORM FOR THE SCREENING OF POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS OF SUB- PROJECTS. INTRODUCTION This Environmental and Social Screening Form (ESSF) has been designed to assist in the evaluation of planned construction and rehabilitation activities under Malawi Resilience Disaster Management Project (MRDMP). The form will assist the sub-project implementers and reviewers to identify environmental and social impacts and their mitigation measures, if any. It will also assist in the determination of requirements for further environmental work (such as environmental and social management plan) if necessary. The form helps to determine the characteristics of the prevailing local bio-physical and social environment with the aim of assessing the potential impacts of the construction and rehabilitation activities on the environment by the sub- project. The ESSF will also assist in identifying potential socio-economic impacts that will require mitigation measures and/or resettlement and compensation. GUIDELINES FOR SCREENING The evaluator should undertake the assignment after: 1. Gaining adequate knowledge of baseline information of the area. 2. Gaining knowledge of proposed project activities for the area. 3. Having been briefed / trained in environmental and social screening. The form is to be completed by consensus of at least three people, knowledgeable of the screening process. IMPACTS AND MITIGATION MEASURES It is recommended that for the identified impacts to apply the mitigation hierarchy will be as follows: 1. Avoid negative environmental impacts; 2. Where impacts are unavoidable, apply measures to minimize impacts; 3. For negative impacts that cannot be avoided or minimized, rehabilitate the negatively affected areas; 4. Compensation or offsets should be implemented for any residual impacts after avoidance, minimization, and rehabilitation. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 43 Malawi Resilience Disaster Risk Management Project (MRDRMP) Environmental & Social Screening Form (Guidelines: Site inspection of project site. The evaluation results to be a consensus of at least two officials) Project Name: District: Project Location TA: Name of Zone GVH: Coordinates: Name of Village: Nature/Size: Name, Signature & Designation of Evaluator(s): Date of Field Evaluation: 1…………………………………………………………. 2…………………………………………………………. Sector Appraisal Significance Proposed Mitigation Measures Yes No Low Medium high 1.0 Environmental Screening Will the project generate the following negative impacts 1.1 Loss of trees/vegetation 1.2 Soil erosion 1.3 Siltation of water courses 1.4 Loss of habitat to wildlife 1.5 Dust emissions 1.6 Generation of solid wastes 1.7 Increased incidences of open defecation 1.8 Borrow pits and pools of stagnant water 1.9 Rubble/heaps of excavated soils 1.10 Introduction of Alien / Invasive plants and animal species 1.11 Destabilisation of river banks and or drainage system due to sand mining Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 44 1.12 Spread of water related diseases e.g. Diarrhoea 1.13 Loss of soil fertility 1.14 Contamination from agrochemicals and pesticides 1.14 Salinization or alkalisation of soils 1.15 Reduced water quality and quantity 1.16 Incidence of flooding 1.17 Removal of native tree species 1.18 Procure pesticides (either directly through the project, or indirectly through on-lending, co-financing, or government counterpart funding), or may affect pest management in a way that harm could be done even though the project is not envisaged to procure pesticides 1.19 Rely on the performance of and existing dam or a dam under construction 2.0 Social and Economic Screening Will the project generate the following negative social and economic impacts? 2.1 Disruption of marriages 2.2 Risk of injuries to workers and communities 2.3 Spread of HIV/Aids and STIs 2.4 Conflict over land use and ownership 2.5 Risk of child labour 2.6 Increase in cases of gender-based violence 2.7 Loss of land by households 2.8 Loss of properties –houses, structures 2.9 Loss of trees by households 2.10 Loss of crops by people 2.11 Loss of access to river/forests/grazing area 2.12 Increase in risk of theft and crime 2.13 Loss of cultural site, graveyard land Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 45 2.14 Conflicts over use of natural resources e.g. water and forest resources 2.15 Disruption of important pathways, roads 2.16 Loss communal facilities e.g. playground, 2.17 Involve any involuntary land acquisition, loss of assets or access to assets or loss of income sources or means of livelihood 3.0 SCREENING CRITERIA FOR POSITIVE Yes No Low Medium High Proposed Enhancement Measures IMPACTS Will the project generate the following positive social and economic impacts? 3.1 Creation of job opportunities 3.2 Promotion of local skills and knowledge 3.3 Asset creation 3.4 Improved transportation 3.5 Improved food security 3.6 Increased household income 3.7 Improved standards of living/social status 3.8 Creation of business opportunities 3.9 Restoration of vegetative cover 3.10 Reduced soil erosion Consultation (comments from beneficiaries)…………………..………………………………………..…………………………………… ..……………………………………………………………………………………………………………… ………………....……………………………………………………………………………………………. Overall evaluation of Environmental and Socioeconomic Screening Exercises. The results of the screening process would be either the proposed sub - projects would be exempted or subjected to further environmental and resettlement assessment. The basis of these options is listed in the table below: Review of Environmental Screening Tick Review of Socioeconomic Screening Tick 1. The project is cleared. No serious impacts. 1. The project is cleared. No serious social impact. (When all scores are “No” in form) (Where scores are all “No”, “few” in form) 2. There is need for further assessment. 2. There is need for resettlement/compensation. (when some score is “Yes, High” in form) (When some score is “Yes, High” in form 3. Need to prepare ESMP 3. Need to prepare RAP Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 46 Endorsement by Environmental District Officer Endorsement by Director of Planning and Development Name Name: Signature: Date Signature: Date: NOTES: 1. The DPD shall ensure that a completed form is filed within project file immediately after endorsement. EDO should keep a duplicate. 2. Project Management Committee will maintain a copy of completed form Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 47 ANNEX B: MRDRMP ACTIVITY OF SPECIFIC IMPACT MONITORING AND MITIGATION MEASURES INTRODUCTION This Annex serves to guide Project Implementing agencies who will be responsible for development of ESMPs under the MRDRMP in isolating and paying attention to specific activity impacts and their mitigation measures in order to ensure that all objectives of the project are fulfilled in areas of Irrigation, water supply, water resources and catchment conservation. There will be a provision of generic information per sector that should not in any way be missed in the ESMPs or any other instruments, but rather more specific activities highlighted depending on specificity of site and its conditions. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 48 Table 5: Generic Environmental and Social Management Plan for Rehabilitation/re-construction Works of Smart Irrigation and Water Supply Schemes Component 1.4 and 2.1). Responsible Generic Negative Impacts Recommended Period of Authority for Recommended mitigation measures Performance indicator for mitigation implementation Implementation of the measures Impacts on vegetation resources Loss of vegetation and a) Use of firewood from exotic tree species Rehabilitation and re- Contract - Area of vegetative buffer zones greenery beauty through such as pipe trees and blue gum trees at construction phases created clearance of trees on the site contractor’s camp
 - No. of tree nurseries established at the scheme. b)Promote the use of energy efficient - 100% workers using energy cooking stoves for workers.
 efficient stoves Risks of spread of invasive a) Migrant workers to ensure clean Rehabilitation and re- Contractor/Client No. of sites where invasive species are alien plants/seeds in the area outer garments and personal effects to get construction phases observed rid of alien plants and seeds 
 b) Clean construction equipment used elsewhere before use on the site 
 c) Quality of gravel should be screened 
 Impacts on Wildlife Resources a) Loss of habitat for a) Establish buffer zones around Rehabilitation and Client a) Area of vegetative buffer zones wild animals raptor nests, bat roosts, and other biota and reconstruction phases created
 habitats of concern such as rare plants, if b) None movement of vehicles in site studies show that proposed facilities restricted areas would pose a significant risk to these c) Number of vehicles and species. equipment cleaned on site. b) Reduce habitat disturbance by Biodiversity Management Plan keeping vehicles on established access roads and by minimizing foot traffic in produced.
 b) Loss of biodiversity undisturbed areas. Client (mice, snakes) c) Avoid the spread of invasive non- native plants by keeping vehicles and equipment clean. d) Develop a Biodiversity Management Plan, for impacts on Critical Habitat and Natural Habitats that will recommend placement of schemes outside of rare habitats or key Impacts on land and soils Page 49 of 92 Responsible Generic Negative Impacts Recommended Period of Authority for Recommended mitigation measures Performance indicator for mitigation implementation Implementation of the measures Increase in surface runoff and a) Implement soil conservation During rehabilitation phase Contractor No. of new locations where erosion is soil erosion due to increase in measures within all the fields (check dams, and operational phase noted each month exposure of soil box ridges) b) Regular tilling of land for infiltration Creation of borrow pits Back fill and regenerate natural vegetation in During construction phase Contractor Number of borrow pits filled. all borrow pits after construction works Incision of road verges and a) Installation of storm water outlets During re- construction Contractor No. of new locations where erosion is culverts involving a flared apron to spread out flow at noted each month all culvert outlets. b) Establishment of appropriate grass lining further downstream to provide good protection again erosion. 
 Increase in brick making by a) Use cement bricks for main canal During scheme Community No. of brick making businesses along the local communities around construction 
 rehabilitation activities roads scheme phase b) Sensitization of the communities on dangers of haphazard brick making and sand mining. 
 Pollution of soil from a) Proper storage facilities for oils, During scheme operational Contractor No. of spills recorded per week contamination of petroleum diesel and minimize spillage. Minimize phase products spillage from machinery on site through proper maintenance b) Install a collector in workshops/ garages to collect oil during maintenance works. 
 Risks of water logging and a) Apply correct amount of water to During scheme operational Contractor - No. of water-logged locations salinization irrigated area and correct amount of phase noted per week fertilizers. 
 - Area of salinized soil - Area of degraded soil restored b) Ensure enough infield drainage and minimize over-irrigation. 
 c) Use overhead irrigation system (centre Pivots) 
 d) Add lime to soil where there are problems of salinization Impacts on water resources Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 50 Responsible Generic Negative Impacts Recommended Period of Authority for Recommended mitigation measures Performance indicator for mitigation implementation Implementation of the measures Depleted flow in rivers Maintain data on water quality, quantity and During scheme operational Contractor Recorded water quality and quantity downstream of schemes use records and enforce measures that will phase documented for influence on policy enable that downstream human and enactment. ecological demands are not compromised. Increase in suspended solids a) Ensure drainage facilities are During scheme operational Contractor - No. of operational drainage and sediments delivery into provided. phase facilities in use. surface water resources. b) Water Users Associations to - The presence of an Operation include sediment removal periods in their and Maintenance Manual at each operation and maintenance plans Scheme. Pollution from human waste Provision of appropriate pit latrines to During operational phase Contractor/Client 100% of the pit latrines for workers are in within the area construction workers and cane cutters. good working condition Pollution from spillage of a) Proper storage facilities for oils, During scheme operational Contractor No. of spills recorded per week petroleum products diesel. 
 phase b) SOPs for handling, storage and disposal of oils and fuels to minimize spillage. 
 c) Install an oil collector/separator in workshops/garages to collect oil during maintenance works. Exposure and pollution from a) Use environmentally friendly agro- During scheme operational Farmers No. of skin ailments and respiratory agro-chemicals chemicals, registered with Pesticide Board phase disease reported among workforce of Malawi 
 b) Train workers in proper storage, handling and use to minimize the spillage. 
 c) Storage of agrochemicals within spacious and well-designed storage facilities. 
 d) Prepare SOP for chemical spill response and clean up. 
 Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 51 Responsible Generic Negative Impacts Recommended Period of Authority for Recommended mitigation measures Performance indicator for mitigation implementation Implementation of the measures Increase in siltation and a) Maintenance of vegetative buffer During scheme operational Farmers Area of vegetative buffer zones created deterioration of water quality in zone along fields to minimises soil erosion phase streams nearby into river
 b) Check out soil erosion on the scheme Risks of loss of aquatic fauna a) Minimise level of pollution of all During scheme operational Farmers No. of incidences of dead fish in streams within streams within the drains discharging in to Streams phase scheme and Shire River b) Check soil erosion from the scheme Impacts on air Dust emissions in the area a) Suppress dust from dry civil works During land preparation Contractor/Farmers - No. of times per week bowser by application of water. phase applies water to worked sections b) Provide protective wear to cane - 100% workforce using PPE cutters to protect workers from contamination Noise from construction Provide protective wear to workers during During land preparation Contractor 100% workforce using PPE machinery and transportation civil works to protect ear drums phase trucks in the area Social impacts on local communities Loss of land for food crop a) Reserve at least 20% of land for During operational stage Client/Farmer Area of land reserved for irrigated crops production irrigated food crop production on the scheme for each grower.
 b) Construct a diversion canal to convey water to gardens surrounding Phase IV Scheme for food production Loss of land for livestock Village headmen to show alternative land for During planning stage Farmers Area of land allocated for grazing of grazing grazing of livestock livestock Marginalisation of women in a) Allocation of land to be restricted to During planning stage Community leaders % of land reserved for female headed allocation of land for crop households who own land on the site. No households production migrant people/workers. b) Allocation system to be done by tripartite committee (drawn from 
KSCGL, local headman and representative of DC) c) Reserve number of pieces of land Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 52 Responsible Generic Negative Impacts Recommended Period of Authority for Recommended mitigation measures Performance indicator for mitigation implementation Implementation of the measures for women participation. Disputes on land allocation, a) Register all households and sizes During planning and Client/Community 100% households registered ownership and benefits from of their gardens on the site. Use this register scheme development leaders sales of produce as basis of allocation of land at scheme.
 stages b) Disputes to be presided over by 
 tripartite committee
 c) Committee to define and agree with growers on the formulae of distribution of benefits Influx of migrant workers Recruitment of local people as general During operational phase Contractor Number of local people employed leading to competition of land labour force as priority. and natural resources in the area Risks of interferences in local a) Recruitment of local people as During operational phase Contractor/ GRM - Number of local people marriages general labour force as priority. 
 employed. b) Sensitization of migrant workers to - Number of sensitization meetings. desist from interferences in local marriages. Risks of introduction and a) Put in place HIV/AIDS Work Policy During operational phase Contractor - Number of sensitization spread of communicable and operationalize it for benefit of workers meetings diseases and sexually 
 - Number workers and condoms transmitted diseases including b) Establishment of scheme HIV/AIDS distribution. HIV/AIDS Workers’ committee.
 c) Regular sensitization meetings among scheme workers, on dangers of HIV/AIDS. d) Distribution of condoms and IEC materials for free of workers, and, local people around Conflicts between migrant a) Recruitment of local people as During operational phase Community leaders - Number of local people workers and local people general labour force as priority 
 employed. b) Sensitization of migrant workers to - Number of sensitization meetings respect local cultures and live with local people in harmony. 
 Closure of communal paths Provide alternative foot paths through the During operational phase Client/Contractor Number of alternative foot paths schemes or along the perimeter of the scheme. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 53 Responsible Generic Negative Impacts Recommended Period of Authority for Recommended mitigation measures Performance indicator for mitigation implementation Implementation of the measures Risks of child labour a) Recruitment of workers through During operational phase Contractor No. of children under 18 working on District Labour Office. project sites b) No recruitment of school going children or persons below 18 years for any work at scheme. Impacts on health and safety of workers/people Spread of sexually transmitted a) Adoption and operation of HIV and During construction and Client - Number workers distributed with infections including HIV and AIDS Policy for the scheme operational stage condoms every month AIDS b) Distribution of condoms and IEC - Number of civic education materials to both men and female workers meetings. 
 c) Civic education on dangers of the HIV 
and AIDS among the workers and local people 
 Prevalence of pools of a) Regular flushing of pools of During operational stage Contractor Zero stagnant pools observed. stagnant water and stagnant water. multiplication of mosquitoes b) Distribution of mosquito nets to workers Risks of accidents –children Provide culverts and foot bridges over During operational stage Contractor Number of foot bridges and culverts over and livestock falling in canals canals for pedestrians and livestock main canal Physical injuries from Provide protective clothing to workers During construction Contractor 100% workforce using PPE accidents– fall from trucks and machinery etc. Exposure and poisoning from a) Provision of adequate protective During operational stage Farmers 100% workforce using PPE No. workers agro-chemicals clothing to workers in use of agro- chemicals given H&S induction training such as mouth masks, goggles and gloves. b) Prepare SOPs for handling, storage and disposal of agrochemicals. c) Provide adequate training of workers in calibration of equipment, handling 
storage of agrochemicals. 
 d) Restriction of access to storage of 
agrochemicals to trained staff only
 Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 54 Table 6: Generic Environmental and Social Management Plan for rehabilitation/re-construction works on excavated tanks and flood management infrastructure (Component 2.2.) Generic Negative Recommended Period of Responsible Authority for Recommended mitigation measures Performance indicator Impacts for mitigation implementation Implementation of the measures Impacts on vegetation resources. Loss of vegetation and • Use of firewood from exotic tree Rehabilitation and re- • Project Management Committee Area of vegetative buffer greenery beauty through species such as pipe trees and blue gum construction phases zones created clearance of trees on the trees at contractor’s camp site • Promote the use of energy efficient No. of tree nurseries cooking stoves for workers. established at the • Migrant workers to ensure clean scheme. outer garments and personal effects to get rid of alien plants and seeds 100% workers using Risks of spread of • Clean construction equipment energy efficient stoves invasive alien used elsewhere before use on the site plants/seeds in the area • Quality of gravel/marram used No. of sites where should be screened invasive species are observed Impacts on wildlife Resources • Loss of habitat • Maintain some trees around the Rehabilitation and re- • Project Management Committee Area of vegetative buffer for wild animals scheme blocks as biodiversity construction phases zones created • Loss of belts/corridors biodiversity (mice, • Afforestation within local villages Number of trees planted snakes) around the scheme for fuel wood supply to in villages around the local people. scheme Impacts on land and soils. • Increase in • Implement soil conservation During rehabilitation phase • Project Management No. of new locations surface runoff and soil measures within all the fields (check dams, and operational phase Committee where erosion is noted erosion due to increase box ridges) each month in exposure of soil • Regular tilling of land for infiltration • Increase in • Use cement bricks for main canal During scheme rehabilitation • Project Contractors No. of brick making brick making by local construction activities phase businesses along the communities around • Sensitization of the communities roads scheme. on dangers of haphazard brick making and sand mining. • Pollution of soil • Proper storage facilities for oils, During scheme operational • Scheme Management No. of spills recorded from contamination of diesel and minimize spillage. Minimize phase • Earth moving Contractors per week petroleum products spillage from machinery on site through proper maintenance • Install a collector in Page 55 of 92 Generic Negative Recommended Period of Responsible Authority for Recommended mitigation measures Performance indicator Impacts for mitigation implementation Implementation of the measures workshops/garages to collect oil during maintenance works. • Risks of water • Apply correct amount of water to During scheme operational Scheme Management No. of water-logged logging and salinization irrigated area and correct amount of phase locations noted per week fertilizers • Ensure enough infield drainage Area of salinized soil and minimize over-irrigation. • Use overhead irrigation system Area of degraded soil (centre pivot) restored • Add lime to soil where there are problems of salinization Impacts on water resources. • Depleted flow • Maintain environmental flow to During scheme operational Scheme Management Determined in rivers downstream of ensure downstream human and ecological phase environmental flow schemes demands are not compromised • Increase in • Water harvesting measures (box During scheme operational Scheme Management No. of new locations suspended solids and ridges, check dams) and improvement of phase along where erosion is sediments delivery into soil infiltration noted each month. surface water resources. • Pollution from • Provision of appropriate pit latrines During operational phase Contractors 100% of the pit latrines human waste within the to construction workers and cane cutters. Scheme Management for workers are in good area working condition • Pollution from • Proper storage facilities for oils, During scheme operational Scheme Management No. of spills recorded spillage of petroleum diesel. phase per week products • SOPs for handling, storage and disposal of oils and fuels to minimize spillage • Install an oil collector/separator in workshops/garages to collect oil during maintenance works. • Increase in • Maintenance of vegetative buffer During scheme operational Scheme Management Area of vegetative buffer siltation and zone along sugarcane fields to minimizes phase zones created deterioration of water soil erosion into river. quality in streams • Check out soil erosion on the nearby scheme • Risks of loss of • Minimize level of pollution of all During scheme operational Scheme Management No. of incidences of dead aquatic fauna within drains discharging in to Streams phase fish in streams streams within the • Check soil erosion from the scheme and Shire River scheme Impacts on air. • Dust emissions • Suppress of dusts from dry civil works by During land preparation Project Contractors No. of times per week Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 56 Generic Negative Recommended Period of Responsible Authority for Recommended mitigation measures Performance indicator Impacts for mitigation implementation Implementation of the measures in the area application of water. phase Scheme Management bowser applies water to • Provide protective wear to cane cutters to worked sections protect workers from contamination 100% workforce using PPE • Noise from • Provide protective wear to workers during During land preparation Project Contractors 100% workforce using construction machinery civil works to protect ear drums phase Scheme Management PPE and transportation trucks in the area Social impacts on local communities. • Loss of land for • Reserve at least 20% of land for During operational stage Scheme Management Area of land reserved for food crop production irrigated food crop production on the irrigated food crops scheme for each grower • Construct a diversion canal to convey water to gardens surrounding Phase IV Scheme for food production • Loss of land for • Village headmen to show During planning stage Local village headmen Area of land allocated for livestock grazing. alternative land for grazing of livestock grazing of livestock • Influx of • Recruitment of local people as During operational phase Scheme Management Number of local people migrant workers leading general labour force as priority. employed. to competition of land and natural resources in the area • Risks of • Recruitment of local people as During operational phase Scheme Management Number of local people interferences in local general labour force as priority. Local village headmen employed. marriages • Sensitization of migrant workers to Number of sensitization desist from interferences in local marriages. meetings. • Risks of • Put in place HIV/AIDS Work Policy During operational phase Scheme Management Number of sensitization introduction and spread and operationalize it for benefit of workers Local village headmen meetings of communicable • Establishment of scheme District HIV/AIDS Coordinator Number workers and diseases and sexually HIV/AIDS Workers’ committee. condoms distribution. transmitted diseases • Regular sensitization meetings including HIV/AIDS among scheme workers, on dangers of HIV/AIDS. • Distribution of condoms and IEC materials for free of workers, and, local people around • Conflicts • Recruitment of local people as During operational phase Scheme Management Number of local people between migrant general labour force as priority Local village headmen employed. workers and local • Sensitization of migrant workers to Number of sensitization people respect local cultures and live with local meetings people in harmony. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 57 Generic Negative Recommended Period of Responsible Authority for Recommended mitigation measures Performance indicator Impacts for mitigation implementation Implementation of the measures • Closure of • Provide alternative foot paths During operational phase Scheme Management Number of alternative communal paths through the schemes or along the perimeter foot paths of the scheme. • Risks of child • Recruitment of workers through During operational phase Scheme Management No. of children under 18 labour District Labour Office. No recruitment of District Labour Officer working on project sites school going children or persons below 18 years for any work at scheme. Health and Safety of workers/people • Spread of • Adoption and operation of HIV and During construction and Scheme Management Number workers sexually transmitted AIDS Policy for the scheme operational stage District Labour Officer distributed with condoms infections including HIV • Distribution of condoms and IEC every month and AIDS materials to both men and female workers Number of civic • Civic education on dangers of the education meetings. HIV and AIDS among the workers and local people • Prevalence of • Regular flushing of pools of During operational stage Scheme Management Zero stagnant pools pools of stagnant water stagnant water. observed. and multiplication of • Distribution of mosquito nets to mosquitoes workers • Risks of • Provide culverts and foot bridges During operational Scheme Management Number of foot bridges accidents –children and over canals for pedestrians and livestock and culverts over main livestock falling in canals canal • Physical • Provide protective clothing to During construction Scheme Management 100% workforce using injuries from accidents– workers PPE fall from trucks and machinery etc • Exposure and • Provision of adequate protective During operational Scheme Management 100% workforce using poisoning from agro- clothing to workers in use of agro-chemicals PPE chemicals such as mouth masks, goggles and gloves. No. workers given H&S • Prepare SOPs for handling, induction training storage and disposal of agrochemicals. • Provide adequate training of workers calibration of equipment, handling storage of agrochemicals. • Restriction of access to storage of agrochemicals to trained staff only Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 58 Table 7: Generic Environmental and Social Management Plan for Catchment Conservation (All Components) Generic Negative Recommended Period of Responsible Authority for Recommended mitigation measures Performance indicator Impacts for mitigation implementation Implementation of the measures Restrictions on access Allocate dedicated areas for grazing and During rehabilitation phase and Project Management Committee No. of new locations to grazing in the enforce compliance operational phase where erosion is noted each month protected to their utilization areas of the catchment Removal of vegetation Restrict vegetation removal only to areas During works/ rehabilitation Project Contractors No. of cleared plots during construction of for construction. Re- vegetate bare activities phase without re vegetating small scale structures areas after construction and larger infrastructure investments Generation of Dispose all rubble and solid wastes from During operational phase Project Management No. of spills recorded construction waste the site at Earth moving Contractors per week (rocks, earth, and recommended dumping sites other construction materials) Barriers to animal or Provide for gently-sloping river banks at During operational phase Project Contractors No. of water points human access to river key access points provided for easier access where steep embankments are Provide alternative sources of water constructed or reinforced for flood protection Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 59 ANNEX C: ESMP TEMPLATE ENVIRONMENT AND SOCIAL MANAGEMENT PLAN TEMPLATE This template is relevant for any subproject under the MRDMP that requires a stand-alone ESMP (without an ESIA). Use this as a guide for preparing an ESMP that will satisfy World Bank safeguards policy OP/BP4.01 Environmental Assessment. It should also be sufficient for Malawi’s requirements for EA under the EIA Regulation 1996. 1 Introduction A brief overview of the project, environmental and social context and purpose of the ESMP 2 Sub-Project Description A description of the investment, the location, and the works required, what will happen during operation and any important issues regarding decommissioning. Include project components that may have an environmental or social impact, such as: • Types of materials required • Transportation of materials during construction • Waste management • Hazardous materials • Demolition of structures, removal of sand, soil or silt • Proposed improvements or benefits from upgrades to the local economy, culture, community 3 Environmental and Social Baselines Description of the land ownership and leasing arrangements, description of the locality and land use, closest dwelling(s), water body that will receive drainage, natural habitats, protected areas, significant or relevant ecosystems, flora and /or fauna in the area. Describe the community, local social and governance or council structures. Describe the existing impacts and benefits of the facility/asset/site. The social context should also describe occupations and sources of livelihood, gender roles and issues, land tenure and connections to land, and the socio-economic conditions, including any commentary on poverty, vulnerability due to gender, ethnicity or culture group, age or disability in the community, resource allocation and access and income distribution, where relevant. 4 Legislative Context Provide an overview of the relevant laws, regulations and policies and how this document provides the relevant information for an environmental permit and other approvals. Provide an overview of how the ESMP meets the requirements of the World Bank safeguard policies. Provide commentary on any international environmental agreements that RMI is party to, relevant to the project. Identify relevant legally protected areas and traditional or customary protected areas. 5 Significant Impacts and Mitigation Plan Provide a summary of significant environmental and social impacts and how the project will manage them to incorporate applicable safeguards policy and regulatory requirements. Page 60 of 92 Table 1 can be used as a template for developing the impacts and mitigations matrix. Activity Responsible Negative Recommended Recommended Authority for Impacts Performance mitigation Period of Implementation for indicator measures implementation of the mitigation measures Design and Pre-Construction Phase Construction/Implementation Phase Operational Phase Decommissioning Phase Table 2 provides a format for identifying monitoring requirements. Environmental/Social Proposed Performance Baseline Monitoring Recommended Responsibility Aspects Aspects Indicator data means frequency of for monitoring Monitoring Design and Pre-Construction Phase Construction/Implementation Phase Operational Phase 6 Public Consultation and Information Follow stakeholder consultation plan, OHS plan and GBV plan, Waste Management Plan where applicable 7 Grievance Redress Mechanism Implement GRM 8 References 9 Annexes Any supporting information, design drawings, technical reports etc. The Information below are useful summarized notes that will be applicable to all stakeholders working on MRDRMP instruments to quickly inform them about the project. This is information is not core information required although it makes good practice to refer to such. These will be Government of the Republic of Malawi is applying to the World Bank for grant financing to undertake the “Malawi Management Project” (MRDRMP). As part of the requirements of the submission to the World Bank, the Government of Malawi is required to prepare environmental and social safeguards documentation as part of the Project Preparation Advance stage. The MRDRMP has been categorized as a Category B (Moderate Risk) project consistent with World Bank Environmental and Social Safeguard protocols. To fulfil the requirements of the World Bank, the Government of RMI has prepared this Environmental and Social Management Plan (ESMP) in support of the MRDRMP proposal. Page 61 of 92 The MRDRMP consists of four components: Component 1: Improving Food Security and Sustainable Livelihoods. This component includes: - i. Delivery of immediate food support to critical drought affected populations; ii. Restoration of agricultural livelihoods in drought affected areas; iii. Upscaling of productivity and drought-resistant crops; iv. Increasing area of irrigated land. To date, the Project has improved access to food for 7.2 million people who were affected by the drought, well exceeding the end target of 1.6 million people. The end target of households receiving support to restore their livelihoods has been met with 87,750 households reached. Most activities of this component have been completed or are committed. Outstanding activities include installation of irrigation schemes and solar drip kits adopted during the restructuring. Component 2: Enhancing Drought-Resilience and Preparedness. This component finances the rehabilitation of critical water infrastructure and improvement to water catchment management. To date, a total of 77,500 households have benefited from access to clean water through new or rehabilitated rural boreholes. A hundred water point committees have been trained to support the management of the boreholes. 14 high yielding boreholes have been drilled or are in progress with rehabilitation of 29 rural gravity-fed water supply schemes at design stage. With regards to drought resilience, a Harmonized Food Assessment Methodology (HFAM) and the National Agricultural Management Information System (NAMIS) have been developed to ensure timely dissemination of early warning information. Component 3: Contingent Emergency Response Component. Following Cyclone Idai, the CERC was activated releasing US$10 million for immediate needs in food security, transport, water resources, water supply and education sectors. Three activities have been funded or committed for procurement: i) rehabilitation of 3 roads; ii) restoration of education infrastructure and provision of school supplies to 69 prioritized schools; and iii) restoration of water and sanitation systems through the construction and rehabilitation of 225 boreholes and 2 water supply schemes. Component 4: Project Management. This sub component is implemented by the Project Management Unit (PIU), financing technical designs for reconstruction and rehabilitation, supervision quality control and contract management, audits and operating costs. The PIU has staff covering the major fiduciary areas related to the Project, but would benefit from additional support in procurement, safeguards and technical functions. ENVIRONMENTAL AND SOCIAL BASELINE Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 62 Detailed environmental and social baseline information is provided in the MRDRMP ESMF. The activities will be undertaken in 15 districts. LEGISLATIVE CONTEXT The ESMF contains a list legislation, policies and agreements that are relevant to environmental and social issues in Malawi. Of relevance to the proposed activities are: Malawi Legislation • National Environmental Protection Act (1984) • Earthmoving regulations (1988) • Solid Waste Regulations (1989) • World Bank Safeguard Policies • OP4.01 Environmental Assessment • OP4.04 Natural Habitats • International Agreements • 1971 Ramsar Convention on Wetlands of International Importance especially as Waterfowl Habitat OCCUPATIONAL HEALTH AND SAFETY Republic of Malawi Malawi joined the International Labour Organization (ILO) on 22 nd March 1965 and has since ratified two ILO Conventions: In the absence of local legislation, OH&S under this project will be regulated through the World Bank Group’s Environmental, Health, and Safety Guidelines. World Bank General Environmental, Health, and Safety Guidelines The World Bank Group’s General Environmental, Health, and Safety Guidelines (EHS Guidelines) represent good international practice for managing occupational health and safety (OH&S) risks. The EHS Guidelines contain the performance levels and measures that are generally considered to be achievable in new facilities by existing technology at reasonable costs. The fundamental premise for OH&S under the EHS Guidelines is that “Employers and supervisors are obliged to implement all reasonable precautions to protect the health and safety of wo rkers” and that “Companies should hire contractors that have the technical capability to manage the occupational health and safety issues of their employees…” The overall OH&S philosophy embodied in the EHS Guidelines is as follows: • Preventive and protective measures should be introduced according to the following order of priority: • Eliminating the hazard by removing the activity from the work process. Examples include substitution with less hazardous chemicals, using different manufacturing processes, etc.; • Controlling the hazard at its source through use of engineering controls. Examples include local exhaust ventilation, isolation rooms, machine guarding, acoustic insulating, etc.; • Minimizing the hazard through design of safe work systems and administrative or institutional control measures. Examples include job rotation, training safe work procedures, lock-out and tag-out, workplace monitoring, limiting exposure or work duration, etc. • Providing appropriate personal protective equipment (PPE) in conjunction with training, use, and maintenance of the PPE. The EHS Guidelines also require that prevention and control measures to minimise occupational hazards should be based on comprehensive job safety analyses (JSA). The CIU Safeguards Advisor will assist the contractor in undertaking the JSA and preparing its Safety Management Plan. ENVIRONMENTAL AND SOCIAL MANAGEMENT ROLES AND RESPONSIBILITIES Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 63 Environmental and social management capacity building (training) will be required. POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS AND RISKS The MRDRMP will undertake activities across 15 districts. The activities will be undertaken in locations that are already disturbed. The environmental and social impacts envisaged for the MRDRMP are predominantly temporary in nature and are associated with construction and upgrading activities. Land Access There will be no land acquisition. No activities will be undertaken on private property. Community and Occupational Health and Safety Community health and safety The potential risks to community health and safety are associated with the project’s construction phase and would mainly comprise minor dust and noise impacts and pedestrian/traffic hazards. The works proposed are unlikely to result in a significant influx of workers due to their limited scale, none the less, some non-local workers may be required. Materials will be required to be brought into work sites. The additional movements, although not significant in number, still represent potential for illegal movement of people e.g. human trafficking and/or the contribution to prostitution, harassment and violence. Occupational health and Safety There are OHS hazards associated with construction work. Works over and around water increase hazards and construction methods, safety plans and training need to take this into consideration. The nature and duration of the works are such that OHS risks can be managed with good industry practices so that risks are minimized. Waste Management Any management of waste will need a specific waste management plan prepared, with minimization and recycling/reuse as well as treatment and disposal. This is for construction or for services where waste will be produced. The quantities of waste generated from the MRDRMP activities covered by this ESMP are likely to be small. There will be some packaging, small quantities of residual excavated material from fencing earthworks and possibly minor concrete removal, old infrastructure and rubble will also require disposing of. While the waste quantities are expected to be limited it is important that all waste is stored, handled and disposed of securely to ensure no leakage into the environment. No hazardous waste is anticipated Spills and Emergency Incidents Hydrocarbon (fuel, oil, grease) spills are a threat in and around watercourses. The risk of spills as a result of the proposed project activities covered by this ESMP is small, however good industry practice should still be adhered to with respect to management and disposal of hydrocarbon products. The project will be seeking to reduce the impacts of any spills through the development or updating of waste management plans, oil spill contingency plans, training and the provision of oil spill kits. Noise Impacts Primarily associated with construction and expected to be of relatively short duration. Selection and installation of generators, cement plants, bitumen plants and rock crushers etc needs to be mindful of nearby receptors. Air Quality Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 64 Air quality is unlikely to be affected due to the limited exhaust emissions from construction vehicles and machinery. Installation of power generators, cement plants, bitumen plants and rock crushers etc should be such that exhaust emissions during operation do no cause nuisance to nearby receptors. Water Quality Impacts Water quality impacts are not expected as a result of the activities covered by this ESMP. Biodiversity Impacts There is unlikely to be any significant impacts on both terrestrial and aquatic ecology. Contractor Bid Documentation Standard environmental and social contract clauses are to be used. See ESMF Annex C. RISK ASSESSMENT AND MITIGATION PLAN An impact risk assessment was undertaken to assess the probability (expected, highly likely, moderately likely, not likely) and the impact of the risk (critical, severe, moderate, minor, and negligible). From this, a significance value was attributed to the potential impact (negligible, low, medium, high). Score Rating 5 Expected 4 Highly Likely 3 Moderately likely 2 Not Likely 1 Slight Table 1 Rating of impact of risk Score Rating Definition 5 Critical Significant adverse impacts on human populations and/or environment. Adverse impacts high in magnitude and/or spatial extent (e.g. large geographic area, large number of people, trans boundary impacts, cumulative impacts) and duration (e.g. long-term, permanent and/or irreversible); areas impacted include areas of high value and sensitivity (e.g. valuable ecosystems, critical habitats); adverse impacts to rights, lands, resources and territories of indigenous peoples; involve significant displacement or resettlement; generates significant quantities of greenhouse gas emissions; impacts may give rise to significant social conflict 4 Severe Adverse impacts on people and/or environment of medium to large magnitude, spatial extent and duration more limited than critical (e.g. predictable, mostly temporary, reversible). The potential risk impacts of projects that may affect the human rights, lands, natural resources, territories, and traditional livelihoods of indigenous peoples are to be considered at a minimum potentially severe. 3 Moderate Impacts of low magnitude, limited in scale (site-specific) and duration (temporary), can be avoided, managed and/or mitigated with relatively uncomplicated accepted measures 2 Minor Very limited impacts in terms of magnitude (e.g. small affected area, very low number of people affected) and duration (short), may be easily avoided, managed, mitigated 1 Negligible Negligible or no adverse impacts on communities, individuals, and/or environment Table 2 Rating of probability of risk Impact 5 High High High High High 4 Medium Medium High High High 3 Low Medium Medium Medium Medium Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 65 2 Low Low Medium Medium Medium 1 Low Low Low Low Low 1 2 3 4 5 Probability Table 3 Lists the proposed activities by component, identifies potential impact, the phase, the pre-mitigation risks, proposed mitigation measures to manage the risks, the residual risk (post-mitigation) and who is responsible for implementing the mitigations. Table 4 below is showing the Monitoring Plan provides a proposed monitoring plan. Both plans can be amended if required e.g. alternative responsible parties may be agreed upon. Table 4 Monitoring Plan Activity Impacts Phase Pre- Mitigation Post- Responsibility mitigation Measure mitigation Risk Risk Component Health Construction Med All work shall be Med Contractor and Safety in accordance with the World Bank Environment, Health and Safety Guidelines for Occupational Health and Safety. • Contractors shall prepare and comply with an Occupational Health and Safety Plan, which will include a risk register and safe work method statements. • Site-specific training to workers. PPE to be provided. • Buoyance aids or life jackets to be available on vessels undertaking on and/or over water works. All workers to be aware of their location and trained in their use. Training attendance should be recorded. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 66 Activity Impacts Phase Pre- Mitigation Post- Responsibility mitigation Measure mitigation Risk Risk • Contractors will be required to implement safety measures around construction sites to protect the public and dock workers and staff, including warning signs and information disclosure on potential safety hazards, and barriers to prevent public access to construction sites. • Hindrance and obstacles for maintaining free access of the general public to local utilities, social Component Component PUBLIC CONSULTATION AND INFORMATION DISCLOSURE Stakeholder Engagement Plan See ESMF Annex H Grievance Redress Mechanism See ESMF Annex I Monitoring Plan Issue What Parameter to be Monitored Where is the How is the Parameter When is the Responsibility Parameter to be to be Monitored Parameter to be Monitored Monitored Design and Pre-construction Phase Health and Gender Based Violence and Human Review of At time of training/ SG Specialist Safety Trafficking Code of records/audits audits Conduct training and acknowledgements have been conducted Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 67 Issue What Parameter to be Monitored Where is the How is the Parameter When is the Responsibility Parameter to be to be Monitored Parameter to be Monitored Monitored Occupational Health and Safety Review of plan contractor Management Plan in place All workers have undergone Review of Prior to activities Contractor appropriate Occupational Health records/audits and Safety training Soil and Appropriate spill response plan in water place pollution Construction/Implementation Phase Solid and Approved Solid Waste Management Audit Prior to activities hazardous Plan established waste Health and OHS plans / JSAs complied with Safety audits Quarterly Safety Workers have access to, and using Safety inspections Daily Contractor appropriate, PPE for the task. All workers have undergone Safety audits Quarterly Contractor appropriate Occupational Health and Safety training. A register to be kept Proper briefing of staff before Safety audits Daily Contractor undertaking work activities Public notified of activities/closures that may affect use of port and surrounds Public signage of complaints procedure Signs and fences restrict or direct pedestrians and public where appropriate Solid and Approved Solid Waste Management Contractor hazardous Plan effectively waste Implemented Waste collection area is secure, well Contractor signed and clean Hazardous waste is stored according Contractor to regulations Good housekeeping around sites Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 68 ANNEX D: STANDARD ENVIRONMENTAL AND SOCIAL CONTRACT CLAUSES In order to ensure that Safeguard requirements are fully integrated in Projects financed by World Bank, there is need to main stream the procurement procedures with Environmental and Social clauses that will enable both the service provider and the client to conform to Safeguards adherence. It is imperative that safeguard issues are listed in each step of procurement and their compliance is given the same level of importance as the works or services. The following are the suggested stages where clauses for information should be provided in the process: - STEP 1: Request for Proposal Include clauses that will cover Safeguards implementation in terms of expression of intention to implement safeguards. STEP 2: Proposal Clearly stipulate in the proposal safeguards requirements as priority activities. STEP 3: Review process Client review process to ensure all safeguards issues are included STEP 4: BoQ’s All safeguard activities itemized in BOQs STEP 5: Contract Attachments • ESMP/ESIA /ESS Considerations • ESS Guidelines RAP, • MoU’s, • Rules for Contractors, • Grievance Redress Mechanism • LMP, • SEP, • OHS • WMP • CESMP STEP 6: Conformance Report and PCR The PIU will ensure all safeguards reports generated during the Project will be put together and duly submitted to relevant authorities. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 69 ANNEX E: WASTE MANAGEMENT PLAN DEVELOPMENT GUIDELINE. 1.0 INTRODUCTION Waste management planning is the cornerstone of any national, regional or local intervention that will induce activities likely to generate waste. In the modern dispensation, where matters of Environmental and Social correctness are high priority agendas, interventions that do not plan for managing their waste through clear policy on waste management are not favorable. The establishment of a plan allows taking stock of the existing situation, defining the objectives that need to be met, formulating appropriate strategies, and identifying the necessary implementation means. Waste management plans will therefore guide for reducing, handling, and disposing of waste during construction, renovation, or land-clearing projects. Detailing all types of waste and their origins, the steps taken to lower the level of waste, and plans for removing and eliminating waste, is what constitutes effective waste management planning. These plans, when developed alongside the ESMP or any other safeguards instruments for a specific sub project, are often given to contractors or subcontractors and provide guidelines for keeping waste at a minimum. They therefore become binding documents that are legally recognized and are expected to be implemented at the same level of importance as any other legally binding contractual document. Because they are often required for larger projects, it is important to know how to write a waste management plan to account for all aspects of waste reduction and removal. 2.0 BACKGROUND SUMMARY This ESMF is a guide that has been put together to guide the implementation of the Malawi Resilience and Disaster Risk Management Project in the aspects of Environmental and Social Policy adherence and enhancement as per IDA and Malawi Government legal framework. In order to ably fulfill this requirement, this document will outline the features of a waste management plan, how it is developed for individual subprojects to include aspects of waste management planning in all safeguard documentation and tools that will be produced at sub project level. The waste management plans will form part of the ESMP and any other safeguards tools that will be generated. The Waste Management Plans will be interconnected to other supporting safeguard plans like the GBV Plan, the SEP, GRM and Code of Conduct. As such the WMP will always be read and referred to together with the other documents. 3.0 PROBABLE TYPES OF WASTES LIKELY TO BE GENERATED UNDER THE MRDRMP Obvious types of waste likely to be generated in the MRDRM Project which will largely be a resilience enhancement project focusing on livelihood restoration through enhancement of resilient agro-economy opportunities may include but not limited to: - • building scraps, • waste water, • pesticide waste, (An existing IPMP is available to be revised when the specific interventions are provided) • natural materials, and • Human waste. The likelihood for generation of secondary forms of waste including trash produced by building crews and excavated materials should also be planned for. The plans will also describe how project managers will remove refuse waste including details about cost, removal crews, the types of vehicles used, and the location and type of the eventual refuse destination. 4.0 WASTE PROCESSING ANALYSIS Waste Management plans ought to account for the nature and removal of recyclables and indicate all types of recyclables as well as cost and who will be removing the recyclables and their ultimate destination. The nature and use of reusable waste including all information as well as any extra steps needed to clean or refurbish reusable waste must also be highlighted in the plan. Instructions for the handling of all types of waste including detailed instructions for equipment needed when managing waste, as well as any safety procedures for waste especially waste with explosion abilities must be well articulated in the plans. In the waste management plans, draw up goals for waste reduction and indicate how refuse waste can be minimized with specific quantity goals where applicable. Divide instructions for managing waste for each contractor, Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 70 subcontractor, or community members involved in the project. Include all aspects of the actual project as well as waste removal itself, making the responsibilities of each party clear and what information they need to know and share with other parties. List and add all information and costs including details about how the project complies with all laws governing the management and removal of waste. Describe and calculate all types and quantities of waste involved in the project. Obvious types of waste like building scraps, waste water, natural materials, pesticides and human waste should always be prioritized in the analysis as it is certain that they will occur. Remember to account for secondary forms of waste including trash produced by building crews, petroleum products and excavated materials. 5.0 COMMUNITY SAFETY IN WASTE MANAGEMENT PROCEDURES The primary goal of waste management planning is to protect members of the community in which the project is being executed from harming to effectively manage waste, debris and all waste materials generated. While the amount of waste varies between projects, the generated waste is often greater than the amount of waste many communities handle each year. Additionally, projects may generate waste streams, such as chemical, biological and radiological-contaminated wastes, which typically are not handled by communities or waste management facilities. Some of this are absorbed or processed through natural resources outlets like air and water. In addition to helping the whole community may need to prepare for these potential wastes, planning for ‘at source’ reduction and hazard mitigation activities aimed at reducing the total amount of waste generated by a sub project intervention, especially for a large-scale natural disaster. While this at source intervention planning should be documented in a Waste Management Plan (WMP), the community’s preparation provides the most benefits, such as: - • Saves valuable time and resources; • Allows more efficient and effective waste management decision-making; • Encourages stakeholders (e.g. state, local, tribal and local governments; owners of private storage, treatment and disposal facilities; residents) to work together before an incident occurs; • Boosts the community’s resilience, resulting in a quicker and less costly recovery to potential misconducts; • Enhances communities’ adaptation to the waste-related impacts of climate change and • Minimally detracts from, or otherwise impacts, the broader response and recovery efforts due to the efficient implementation of waste management activities. 6.0 PLANNING WITH LIMITED TIME AND RESOURCES Below is a list of waste management planning activities that may provide the greatest benefit for a community that has limited resources and time to devote to planning. Small but significant steps taken can have a big impact on the efficiency and effectiveness of post-incident waste management decision-making. For example, limited facilities can accept radiological-contaminated waste. Knowing where radiological-contaminated waste can be taken and if it will be accepted by the facility before a radiological incident occurs means that the site can be cleaned up faster (e.g., contaminated waste immediately can begin to be transported off-site to a permitted facility), limiting the possible spread of contamination (e.g., minimizes opportunities for radiation to spread into the surrounding environment due to weather and other factors). Even if a radiological incident is unlikely to occur in a community, planning for radiological contaminated waste has value beyond radiological incidents. For example, a large-scale natural disaster may damage hospitals and generate mixed waste (i.e., waste containing both radioactive and hazardous waste components) that would need to be managed at an appropriate facility. 6.1 Waste Management Planning in Possible Vulnerable Environments; Lakes, Rivers and Streams The possible waste streams that may be generate in the community, through a project of this nature may vary from industrial, agricultural, residential and commercial. It is critical to understand that potentially generated waste be reduced by means of source reduction (e.g., updating building codes for resilient building design and construction). Examples of extreme waste that may be controlled at source may include: - • Asbestos-containing Waste • Chemically-contaminated Waste • Construction and Demolition Debris Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 71 • Oil-contaminated Waste • Soils, Sediments and Sandbags • Vegetative Debris The Waste Management Plans will ensure waste generation is managed at source but if this is not fully adhered to, the Project execution agent or contractor must define waste management modalities to minimize effects of waste on the environment. 6.2 Consultation with interested stakeholders and link with GRM This ESMF has a guide for Stakeholder Engagement which includes those directly involved in waste generation and management. Community members need to have information or resources related to various waste management-related activities such as (e.g. transportation, sanitation, emergency response, environmental health, public health, and business leaders viz a viz potential generators of waste). The communities must have a chance to express their grievances around waste management through the provided Grievance Redress Mechanism (GRM) should that need arise. Each stakeholder’s role, in terms of waste management should be clearly spelt out in stakeholder consultation meetings, disclosures and consultative meetings. The Waste Management Plan should define ways in which the community where the sub project is should be informed of waste management-related information, including the transportation and management of incident-related wastes in or near the community. The most effective methods of notifying the community about the risks that each waste stream may present to human health and the environment should be clearly spelt out and disseminated at stakeholder engagement opportunities. Communication channels for waste management information should be clearly stipulated be it through the media, community meetings and any other channels that may be identified. If there are possible ways to increase public understanding and acceptance of decontaminated wastes, reused materials and recycled products, let this be known to all stakeholders and members of the community. All relevant personnel involved in waste management operations need to acquire have appropriate training regarding waste handling and management. Use of personal protective equipment (PPE) should always be adhered to in all sub projects under the MRDRMP. 7.0 WASTE CLASSIFICATION AND MANAGEMENT MODALITIES In all waste generation, there will be opportunities for reuse and recycling of waste. There is need to classify waste that will not be immediately disposed and provide for concrete planning for it. It will be critical for the sub project to identify environmentally friendly building programs, local waste management ordinances and/or building code requirements that encourage the creation and help maintain a robust reuse and recycling approach. Consider the following in management of reusable and recycled waste: - • possibilities of reducing the volume of the waste; • waste separation into different waste streams before being removed from the site; • waste collection/transportation modalities; • determine locations or criteria for waste management/processing sites and • identify locations suitable for waste staging, storage and decontamination activities; 8.0 STEP BY STEP GUIDE OF PRODUCTION OF A WASTE MANAGEMENT PLAN Waste management planning process is designed to help communities prepare for waste management needs, regardless of the hazard. This recommended process guides emergency managers and planners through four steps that cover the initiation, creation, updating and implementation of a waste management plan. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 72 Step 1: Conduct Pre-planning Activities 1. Prioritize plan development ▪ Conduct a community-specific hazard assessment that looks at realistic worst-case scenarios and hazards, their likelihood, and the potential volumes and masses of wastes generated. ▪ Consider whether you want a single plan that addresses all hazards (recommended) or separate, scenario-specific plans. 2. Identify and engage with individuals and groups who should be involved in the planning process, as appropriate ▪ Consult individuals or groups who represent transportation, sanitation, emergency response, environmental health, public health, agriculture, industry and business among others. 3. Identify, review, and coordinate national, regional, state, local, tribal, territorial and any organization-specific plans and mutual aid agreements ▪ Include plans of bordering jurisdictions, including bordering tribal lands if applicable. 4. Enhance community resiliency by identifying opportunities for source reduction (e.g., updating building codes for resilient building design and construction), hazard mitigation (e.g., eliminating potential problematic wastes), and developing infrastructure for composting, recycling and reuse of materials. 5. Determine legal and regulatory waste management requirements, issues, and considerations 6. Identify unique local circumstances and issues that may affect waste management during an incident (e.g., union concerns, geography, environmental justice concerns) Step 2: Develop a Comprehensive Pre-incident Waste Management Plan (WMP) 1. Use available tools to aid in plan development ▪ EPA’s Pre-incident All Hazards Waste Management Plan Guidelines: Four Step Waste Management Planning Process provides a suggested outline for a scalable, adaptable pre-incident plan that includes recommended plan contents and identifies issues to consider while developing the plan. The specific contents and organization of a WMP are flexible. This document provides a general example to help emergency managers and planners get started. 2. Consult the individuals identified in Step 1 when developing the plan 3. Consult haulers, owners and operators of waste management facilities, including reuse and recycling facilities, and other entities as they are identified while developing the plan Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 73 ▪ For unique waste generated, specialized expertise may be needed for transport and other waste management activities. Make sure all entities receive a copy of the relevant portions of the plan when it is completed. 4. Identify options for reuse, recycling, and composting for different materials and wastes ▪ Consult with facilities and appropriate regulatory authorities about establishing acceptance criteria for these materials and wastes. • Step 3: Keep the Waste Management Plan (WMP) Updated 1. Reach out to stakeholders across the whole community to review and update the WMP regularly. 2. Schedule waste management-related exercises and track the schedule, scenarios exercised, and stakeholders involved. 3. Develop a training plan to address training needs for staff. 4. Incorporate any waste management lessons learned, after action reports and improvement plans into the pre- incident WMP • Step 4: Implement the Waste Management Plan (WMP) During an Incident 1. Identify the WMP that best aligns with the specific sub project, if applicable. 2. Identify waste management-related policy or implementation issues that require resolution. 3. Create the project-specific WMP based on the activities to be undertaken. ▪ Include the project situational overview, generated waste types and quantities, locations of waste, an exit strategy and health and safety requirements, and update other sections of the project-specific plan with real-world numbers. 4. Present the incident-specific plan to the appropriate project staff (including waste management decision- making, will occur within the system). 5. Notify waste management facilities of anticipated needs and utilize contract support where necessary. 6. Implement the waste management-related community communications and outreach plan in line with the broader, overall incident communications plan. 7. Identify waste sampling requirements and notify labs of anticipated analysis needs should that need arise in the project. 8. Conduct waste management oversight activities, such as site visits to, inspections of, and environmental monitoring at waste management sites as appropriate and required. 9. Implement a comprehensive waste and material tracking and reporting system, a sample of which is given below: - 10. Ensure protection of human health and the environment at the project site over the project duration and through continued environmental monitoring, cleanup, inspections, and other activities as necessary. 9.0 CONCLUSION Often waste management issues are down played in projects of this nature with the assumption that there are absolutely no wastes generated in such a project. This framework has ably guided areas to focus on in waste generation and management of the same. All managers of the MRDRMP and contractors that may be engaged must ensure adherence to all that has been stipulated in this framework. All procurement documents including contracts should ensure to have waste management adherence features highlighted. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 74 ANNEX F: OCCUPATIONAL HEALTH AND SAFETY PLAN DEVELOPMENT GUIDELINE 1.0 DEFINITION OF OHS PLAN An Occupational Health and Safety Plan demonstrate an organization’s commitment to health and safety in the workplace by providing a clearly written statement of intent and plan of action for the prevention of accidents and occupational illness and injury. The plan aims at guiding contractors and consultants on the basic safety features and ensure adherence to the same in order to minimize accidents, injuries and loss of lives. It is imperative that through this plan all OHS related incidences be continually reported to PIU by the contractors and consultants. The health and safety specification will specifically guide in: - a) providing the overarching framework within which the Contractor is required to demonstrate compliance with certain requirements for occupation health and safety established by the Occupational Health and Safety Act of 1993; b) Establishing the way, the Contractor is to manage the risk of health and safety incidents in the execution of the contract(s); and c) Establishing the way, the Employer’s health and safety agent will interact with the Contractor. d) Will define reporting frequency on all incidents to occur on site. Note: 1) This specification establishes general requirements to enable the Employer and the Contractor to satisfy the Occupational Health and Safety Act, 1993 (Act No. 85 of 1993) and the Construction Regulations, 2003. 2) The Construction Regulations, 2003, require an Employer to stop any Contractor from executing construction work which is not in accordance with the Contractor’s health and safety plan for the site or which poses to be a threat to the health and safety of persons. 3) This specification establishes generic health and safety requirements Site specific requirements for health and safety are stated in the scope of work associated with a contract. 2.0 OBJECTIVES OF OHS The specific and measurable objectives that can be described in order to reach the above aim are as follows: - • To develop in the construction sites a collaborative approach to managing Occupational Health and Safety between management and employees. • To provide and maintain safe working procedures and operations. • To ensure awareness of all potential workplace risks and hazards and to develop preventive strategies against these risks and hazard develop. • To provide appropriate training to all staff to enable employees to work safely and effectively. • To maintain a constant and continuing interest in the improvement of occupational health and safety performance and to provide the human and other resources necessary for the implementation and maintenance of the OHS Plan. 3.0 OHS PLAN GUIDE This section provides a guide to the Organization that will be engaged by the MRDRM Projects PIU on behalf of the Government of Malawi to implement construction works or supervision works to develop individual OHS Plans in order to fulfill the minimization of accidents and conform to safeguard requirements of this project. This is also in line with the Government of Malawi Labour Laws and International Development Agency (IDA) Safeguard Policies. This plan should consider incorporating information that includes the following; • Statement of commitment from management • Activities to be carried out to achieve the set goals • Risks and hazards assessment • Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 75 4.0 ATTRIBUTES OF WORKPLACE HEALTH AND SAFETY COMMITTEE An occupational health and safety committee is a forum for cooperative involvement of employees representing both labour and management which assists in bringing the internal responsibility system into practice. The purpose of this committee is to; • participate in development and implementation of programs to protect the employee’s safety and health, • deal with employee complaints and suggestions concerning safety and health, • ensure the maintenance and monitoring of injury and work hazard records, • monitor and follow-up hazard reports and recommend action, • set up and promote programs to improve employee training and education, • participate in all safety and health inquiries and investigations, • consult with professional and technical experts, • participate in resolving workplace refusals, • make recommendations to management for accident prevention and safety program activities, and • monitor effectiveness of safety programs and procedures 4.1 Responsibilities concerning Occupational Health and Safety While managers are accountable for implementing national legislations concerning health and safety, health and safety is the joint responsibility of management and workers, with everyone having specific responsibilities. This shall set responsibilities on the following cadre; • Individual responsibilities • Responsibilities of safety coordinator • Responsibilities of employees • Management responsibilities 4.2 Disciplinary Measures Disciplinary action for non-compliance might be considered. The following points should be considered in establishing procedures on disciplinary issue are: - • ensure that employees are aware of the rules • ensure that employees are not encouraged, coerced, or forced to disregard the rule by fellow employees • all rules are to be observed • no violation will be disregarded • the role of discipline is that of education, not punishment • action is taken promptly • while having guidelines for penalties for the first offence or infractions may be desirable, some flexibility is required when applying the guidelines since each case will vary in its circumstances • action is taken in private, and recorded 5.0 EMERGENCY ACTION PLAN An emergency plan specifies procedures for handling sudden unexpected situations. The lack of an emergency plan could lead to severe losses such as multiple casualties and possible financial collapse of the organization. Objectives • To prevent fatalities and injuries. • To reduce damage to personnel, buildings, and equipment. • to accelerate the resumption of normal operations Where possible the emergency action plan should specify details of; • External departments to assist where applicable • Test and Revision done on the plan 6.0 PERSONAL PROTECTIVE EQUIPMENT AND CLOTHING All employers are required to provide relevant workplace clothing equipment like helmets, work suits and gumboots for construction sites. Ensure all employees have been trained on personal protective equipment procedures. Approved safety glasses will always be required to be worn in areas where there is a risk of eye injuries such as punctures, abrasions, contusions or burns. Protective gloves, aprons, shields, or other means provided where risks have been identified. All protective equipment maintained, and sanitary conditions should be available for use by workers and where food or beverages are consumed on the premises, employer must ensure that there is no exposure to toxic material, blood, or other potentially infectious materials Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 76 7.0 GENERAL WORK ENVIRONMENT • Ensure all work areas clean, sanitary, and orderly • Ensure work surfaces kept dry or appropriate means taken to assure the surfaces are slip-resistant • Ensure all spilled hazardous materials or liquids, including blood and other potentially infectious materials, cleaned up immediately and according to proper procedures • Ensure their appropriate waste disposal facilities • Ensure the minimum number of toilets and washing facilities provided for both men and women • Ensure all toilets and washing facilities clean and sanitary • Ensure all work areas adequately illuminated • Ensure pits and floor openings covered or otherwise guarded This section provides a guide to the Organization that will be engaged by the MRDRM Projects PIU on behalf of the Government of Malawi to implement construction works or supervision works to develop individual OHS Plans in order to fulfill the minimization of accidents and conform to safeguard requirements of this project. This is also in line with the Government of Malawi Labour Laws and International Development Agency (IDA) Safeguard Policies. This plan should consider incorporating information that includes the following; • Statement of commitment from management • Activities to be carried out to achieve the set goals • Risks and hazards assessment Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 77 ANNEX G: CHANCE FINDS PROCEDURE Chance Finds Procedure Introduction Cultural property includes monuments, structures, works of art, or sites of significance points of view, and are defined as sites and structures having archaeological, historical, architectural, or religious significance, and natural sites with cultural values. This includes cemeteries, graveyards and graves. Screening for the MRDRMP indicated that Cultural Physical Resources were unlikely to be at risk as a result of the projects. Nonetheless, there is the possibility that unexpected cultural heritage items could be discovered during works – ‘Chance Finds. Chance Finds Procedure This procedure is to be followed in the event of a Chance Find: • Stop the construction activities in the area of the chance find • Delineate the discovered site or area; • Secure the site to prevent any damage or loss of removable objects. • Notify the supervisory Engineer who in turn will notify the responsible local authorities; • Responsible local authorities and the Department of Antiquities would be in charge of protecting and preserving the site before deciding on subsequent appropriate procedures. • Decisions on how to handle the finding shall be taken by the responsible authorities and the HPO. This could include changes in the layout (such as when finding an irremovable remain of cultural or archaeological importance) conservation, preservation, restoration and salvage. • Implementation for the authority decision concerning the management of the finding shall be communicated in writing by the Department of Antiquities • Construction work could resume only after permission is given from the responsible local authorities and the Department of Antiquities concerning safeguard of the heritage. These procedures must be referred to as standard provisions in construction contracts. Reporting During project supervision, the Site Supervisor shall monitor the above regulations relating to the treatment of any chance find encountered or observed. Relevant findings will be recorded in World Bank Supervision Reports and Implementation Completion Reports will assess the overall effectiveness of the project’s cultural property mitigation, management, and activities, as appropriate. Page 78 of 92 ANNEX H: CONTRACTOR’S CODE OF CONDUCT Government of Malawi MRDRMP CODE OF CONDUCT FOR INFRASTRUCTURE CONSTRUCTION Below is the agreed Code of Conduct that will be added shared to the current contractors on the ground and in future will be made as part of the contract. a) Work safely and responsibly by ensuring that all required PPE is Worn and used and be aware of responsibility for own actions and behaviour. Avoid any conduct which would lead any reasonable person to question their motivation and intentions. b) It is the responsibility of all adults to safeguard and promote the welfare of children and young people. c) Avoid contact with children. Never give your personal contact details to children or young people, including mobile telephone numbers of workers. d) Work and be seen to work, in an open and transparent way. e) Never be in contact with children without school supervision. f) Stay within the agreed work area and access routes. g) Obtain permission if you need to go outside the agreed work area or access routes. h) Keep staff informed of where you are and what you are doing. i) Do not use profane or inappropriate language. j) Always dress in appropriate protective clothing when indulging in works k) Observe the code at all times, making sure that management of issues of SEA, GBV, Sexual Harassment, Child Labour and Trafficking in Person are addressed within the Code of Conduct l) Remember your actions no matter how well intentioned could be misinterpreted. Be mindful of the need to avoid placing yourself in vulnerable situations. Any order for works or building contracts should be let with a clear condition that failure to observe the code will entitle the MRDRMP Project exclude a contractors’ staff from the premises. To ensure the effectiveness of any code it shall either be: - a) Issued to contractors when quotations or tenders are invited. b) Stated as a condition on any order for works or building contract no matter how or by whom the contractor is appointed. c) Issued to all contractors when they first attend and before any work has commenced. Additionally, where appropriate, the code should be: - d) Highlighted and discussed in any pre- start meetings for larger building contracts. f) Included as part of any contractors site safety briefings. h) Issued to contractors’ individual staff. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 79 ANNEX I: STAKEHOLDER ENGAGEMENT PLAN DEVELOPMENT GUIDELINES The Stakeholder Engagement Plan is a formal strategy to communicate with project stakeholders to achieve their support for project implementation. It specifies frequencies and type of communications, media contact persons and locations. Productive involvement of stakeholders enhances decision making for maximum productivity. Decision making and project execution is always efficient with an operational stakeholder engagement plan. This ESMF will provide guidance for generation of the ESMP Stakeholder Engagement Plan to ensure stakeholders have been fully involved in the project execution. The SEP will be identified with the following features: - • Stakeholder list • Project Phase • Contact Names • Areas of Influence • Stakeholder influence/power • Engagement approach The plan will also identify what information will be in the public domain, in what languages, and where it will be located. The plan should explain the opportunities for public consultation, provide a deadline for comments, and explain how people will be notified of new information or opportunities for commenting. It should explain how comments will be assessed and considered. The plan will also describe the project’s grievance mechanism and how to access this mechanism. The SEP should also commit to releasing routine information on the project’s environmental and social performance, including opportunities for consultation and how grievances will be managed. 1.0 Introduction/Project Description The Malawi Resilience and Disaster Risk Management Project (MRDRMP) is a Project set to address resilience enhancement ideals in response to the 2019 Cyclone Idai that wiped out recovery assets and resilience efforts implemented in response to the 2015 floods and 2015 droughts. The MRDRMP has 5 components that aim at restoring and diversifying livelihoods through enhanced climate smart irrigation and general agricultural productivity. The Project will also enhance climate resilience in infrastructure through the rehabilitation and augmentation of public infrastructure including irrigation, water supply and resources structures, flood management and catchment management infrastructure. Software aspects of resilience like capacity building, modelling enhancement of information base for resilient planning and infrastructure and enhancing resilience of information base for resilient planning and infrastructure. The MRDRMP Project is a restructured project from a previously approved Malawi Drought Recovery Resilience Project (MDRRP) developed after the 2016 drought that hit Malawi in 24 districts. The MRDRMP will therefore come as a restructured Project that will solely enhance resilience to Disaster Management. The MRDRMP will then be implemented in 15 districts. Rehabilitation and reconstruction work of irrigation and water supply schemes in the Idai affected districts would necessitate the use of various agrochemicals for the management of pests and diseases in various crops on the schemes. Operational activities of irrigation schemes would generate a range of negative environmental impacts and effects, including soil erosion, water logging and salinization of soils, increase in multiplication of water borne diseases, loss of biodiversity from use of pesticides, poisoning from pesticides and spread of invasive plants. From a social perspective, there is a significant mismatch between policy compared to practice on the intentions to prioritise engendering poverty reduction strategies, in that most project processes are gender blind to actual adverse impacts of project on men compared to women. In the case of this project, rehabilitation works may require the inflow of migrant workers to enhance the locally available technical capacity to undertake construction. The gender impacts of such migration have various sexual and reproductive health (SRHR) impacts on poor women and adolescent girls such as increase in HIV/AIDS infections, increased rate of adolescent girls dropping out of school in favour of early marriages, increase in teen pregnancies, etc. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 80 2. BRIEF SUMMARY OF STAKEHOLDER ENGAGEMENT ACTIVITIES The SEP will encourage execution of consultation or disclosure activities must be undertaken through-out the project time including information disclosure and informal or formal meetings/or consultations. Such briefings will be shared with all relevant stakeholders. 3. STAKEHOLDER IDENTIFICATION AND ANALYSIS An identification process of key stakeholders who will be informed and consulted about the project, including individuals, groups, or communities must be deduced. Stakeholders will include connected people/groups of connected individuals who have the following attributes: - o Are affected or likely to be affected by the project (project-affected parties); o May have an interest in the project (other interested parties) o Government authorities; o Local organizations; o NGOs, Civil Society and companies; o Surrounding communities; o Politicians; o Labour unions; o Academics and religious leaders; o Disabled groups, People living with albinism and Interest groups, o National social and environmental public-sector agencies, and o The media. The SEP should focus particularly on those directly and adversely affected by project activities. Mapping the impact zones by placing the affected communities within a geographic area can help define or refine the project’s area of influence. The SEP should identify others who think they may be affected, and who will need additional information to understand the limits of project impacts. 3.1. Relevance of disadvantaged / vulnerable individuals or groups It is particularly important to understand project impacts and whether they may disproportionately fall on disadvantaged or vulnerable individuals or groups, who often do not have a voice to express their concerns or understand the impacts of a project. The following can help outline an approach to understand the viewpoints of these groups: - • Identify vulnerable or disadvantaged individuals or groups and the limitations they may have in participating and/or in understanding the project information or participating in the consultation process. • What might prevent these individuals or groups from participating in the planned process? (For example, language differences, lack of transportation to events, accessibility of venues, disability, lack of understanding of a consultation process). • How do they normally get information about the community, projects and activities? • Do they have limitations about time of day or location for public consultation? • What additional support or resources might be needed to enable these people to participate. The SEP should be as inclusive as possible in the consultation process, taking into account translation into a minority language, sign language, large print or Braille information for the blind; choosing accessible venues for events; providing transportation for people in remote areas to the nearest meeting; having small, focused meetings where vulnerable stakeholders are more comfortable asking questions or raising concerns.) If there are no organizations active in the project area that work with vulnerable groups, such as persons with disability, contact medical providers, who may be more aware of marginalized groups and how best to communicate with them. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 81 3.2. Summary of project stakeholder needs and engagement program outline The SEP will summarize the main goals of the stakeholder engagement program and envisage schedule for the various stakeholder engagement activities: at what stages throughout the project’s life they will take place. If decisions on public meetings, locations, and timing of meetings have not yet been made, provide specific information on how people will be made aware of forthcoming opportunities to review information and provide their views be it radio, word of mouth, posters etc. For some projects, a stand-alone SEP may not be necessary, and its elements may be incorporated into the ESMP. 3.3. Proposed strategy for information disclosure After production of each and every safeguards instrument including ESMFs, RPFs, ESMP, ESIA, RAP, LMP, OHS and other relevant documents, briefly describe what information has been gathered in the documents, what has been disclosed, in what formats, and the types of methods that will be used to communicate this information to each of the stakeholder groups. Methods used may vary according to target audience. For each media example, identify the specific names (for example, Daily News Papers, Radios and Television Stations). A variety of methods of communication should be used to reach most stakeholders. The project should select those that are most appropriate and have a clear rationale for their choices. The plan should include a statement welcoming comments on the proposed engagement plan and suggestions for improvement. For remote stakeholders, it may be necessary to provide for an additional newspaper outlet or separate meeting, or additional documents that should be placed in the public domain. The public domain includes: - • Newspapers, posters, radio, television; • Information centres and exhibitions or other visual displays; • Brochures, leaflets, posters, nontechnical summary documents and reports; • Official correspondence, meetings; • Website, social media. The strategy should include means to consult with project-affected stakeholders if there are significant changes to the project resulting in additional risks and impacts. Following such consultation, an updated ESMP will be disclosed. 3.4. Proposed strategy for consultation and incorporation of views of vulnerable groups The SEP should briefly describe the methods that will be used to consult with each of the stakeholder groups. Methods used may vary according to target audience, for example: - • Interviews with stakeholders and relevant organization • Surveys, polls, and questionnaires • Public meetings, workshops, and/or focus groups on specific topic • Participatory methods • Other traditional mechanisms for consultation and decision making. Further, the SEP should describe how the views of vulnerable or disadvantaged groups will be sought during the consultation process. Which measures will be used to remove obstacles to participation? This may include separate mechanisms for consultation and grievances, developing measures that allow access to project benefits, and so forth. Timelines should be provided demarcating information on project phases and key decisions sought to be made at each time period. Provide deadlines for comments. There should be clear explanation on how comments will be gathered (written and oral comments) and reviewed and commit to reporting back to stakeholders on the final decision and a summary of how comments were considered. 3.5 Project Schedules and Feedback Timeline The SEP should explain how people will be kept informed as the project develops, including reporting on project environmental and social performance and implementation of the stakeholder engagement plan and grievance mechanism. Projects should report at least annually to stakeholders, but often will report more frequently during particularly active periods, such as at Grievance Redress Mechanism (GRM) feedback sessions when the public may experience more impacts or when phases are changing (for example, quarterly reports during construction, then annual reports during implementation). Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 82 4.0 RESOURCES AND RESPONSIBILITIES FOR IMPLEMENTING STAKEHOLDER ENGAGEMENT ACTIVITIES 4.1. Resources Indicate what resources will be devoted to managing and implementing the Stakeholder Engagement Plan, in particular: - • Define who will oversee the SEP. •Confirm that an adequate budget has been allocated toward stakeholder engagement especially in communication areas. • Provide contact information if people have comments or questions about the project or the consultation process; that is, phone number, address, e-mail address, title of responsible person. 4.2 Demarcation of functions and responsibilities The SEP will describe how stakeholder engagement activities will be incorporated into the project’s management system and indicate the staff who will be devoted to managing and implementing the Stakeholder Engagement Plan: - • Who will be responsible for carrying out each of the stakeholder engagement activities and what are the qualifications of those responsible? • How involved will management be in stakeholder engagement? • How will the process be documented, tracked, and managed (for example, stakeholder database, co mmitments register, and so forth)? 5.0 GRIEVANCE MECHANISM The SEP should contain a description of the Grievance Redress Mechanism (GRM) which will also be a part of the ESMF and will describe the process by which people affected by the project can bring their grievances and concerns to the project management’s attention, and how they will be considered and addressed: - • Is there an existing formal or informal grievance mechanism? • Is the grievance mechanism culturally appropriate, that is, is it designed to consider culturally appropriate ways of handling community concerns? For example, in cultures where men and women have separate meetings, can a woman raise a concern to a woman in the project grievance process? • What process will be used to document complaints and concerns? • Who will receive public grievances? • How will they be logged and monitored? • What time commitments will be made to acknowledge and resolve issues? Will there be ongoing communication with the complainant throughout the process? • How will the existence of the grievance mechanism be communicated to all stakeholder groups? • Are separate processes needed for vulnerable stakeholders? • If a complaint is not considered appropriate to investigate, will an explanation be provided to the complainant on why it could not be pursued? • Will there be an appeal process if the complainant is not satisfied with the proposed resolution of the complaint? Not all projects will necessarily have an appeals process, but it is advisable to include one for more complex projects. In all cases, complainants need to be reassured that they still have all their legal rights under their national judicial process. A summary of implementation of the grievance mechanism should be provided to the public on a regular basis, after removing identifying information on individuals to protect their identities. How often will reports go into the public domain to show that the process is being implemented? Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 83 6.0 MONITORING AND REPORTING 6.1. Involvement of stakeholders in monitoring activities The SEP should define how monitoring of proposed engagement activities will be done and reported on. Plans should involve third parties in monitoring the project or impacts associated with the project. All engagement activities that will involve project stakeholders (including affected communities) or third-party monitors in the monitoring of project impacts and mitigation programs, should be clearly documented and reported on. 6.2. Reporting back to stakeholder groups The SEP should provide for the description of how, when, and where the results of stakeholder engagement activities will be reported back, to both affected stakeholders and broader stakeholder groups. It is advised that these reports should rely on the same sources of communication that were used earlier to notify stakeholders. Stakeholders should always be reminded of the availability of the grievance mechanism at every opportunity that may arise so that the GRM is equally effective. 6.3 Stakeholder Engagement Scope The stakeholder identification may expand to a wider area than the project will affect, if a location has not yet been identified. The SEP should provide information on the range of options under consideration and how these options will be narrowed down. The framework needs to be specific about the way people will be informed when more information is known, including specific names of media and websites. It should outline the general process that will be followed, and the number of days/weeks/months that people will have to comment on information when it is available. When locations and dates of meetings are not known, provide a general range of the number of meetings planned and the approach to consultation. The contact information for the project needs to be provided in full in the framework for people who have more questions or concerns. The grievance mechanism needs to be provided in full in the framework. Stakeholders can have problems even during the project planning stage. 7.0 CONCLUSION Generally, there is need for a deliberate effort to motivate stakeholder engagement with a clear benefit of effective project implementation and progress. There are assumptions that people engagement efforts in Projects tend to be costly amidst limited resources. This guide aims at guiding the Project to mainstream stakeholder Engagement as part of Project Management activities. It will be worthwhile for all ESMPs and related safeguards instruments to be produced at sub project level to include a section of Stakeholder Engagement Plan for effective Project execution. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 84 ANNEX J: GRIEVANCE REDRESS MECHANISM Implementation of projects activities under MRDRMP will take place in various locations of the 15 project districts. Implementation of the activities may generate several challenges and complaints especially to those which relate to infringement of rights of sections of the society. Examples of complaints include: discrimination in distribution of relief food to drought affected people, discrimination among farmers on irrigation schemes, objections to use of someone’s land during emergency detours, encroachment on private land, harassment of women, and marginalization of women in distribution of material assistance. And examples of grievances: include dissatisfaction with amount of compensation and, dissatisfaction with size and nature of land replacement. Such grievances are likely to crop up in one way or another in implementation sub-projects under MRDRMP. Since the implementation of some labour-intensive public works programmes will be community based, negotiation and agreement by consensus will provide the first avenue to iron out and resolve any compliant/grievances expressed by the individuals, the land owners or households whose land and properties might be affected. The communities will ensure that resettlement related grievances should be addressed during the identification and appraisal of sites. In this context, the GRM of the parent project, the MDRRP that was revamped and is functioning well will continue in this Project. The existing channels of grievance redress mechanisms will be put in place, and the project affected people will continue to be sensitized to make use of them. The process of grievance redress mechanisms will continue to involve project grievance committees, informal courts handled by traditional leaders (village headmen, traditional authorities) and formal courts within the judiciary. Project Grievance Committee PIU will ensure that implementation mechanism of each sub-project under MRDRMP has a project Grievance Committee. The committee will be the first reference point of issues which crops from activities on the site. The committee will be composed of chosen representative of key stakeholders in implementation of sub-project. The committee will operate within framework and timeframe of project cycle. The committee will be set up to address some issues/cases related to activities. The committee will also be responsible for referring some cases/issue to relevant oversight bodies. Traditional courts Traditional courts are community-based tribunals and operate in form of primary justice. Traditional courts are based in each local village in the country. When complaints/disputes related to project arise, the matter will be referred to a village head of the area (project area). The village head will organize a village tribunal to preside on the matter. Both parties in complaints/cases will be called to be heard. When one party is not satisfied with the decision at village headmen level, the complaint can be taken up to group village headmen. Similarly, that party not satisfied with decisions on complaints at that level, can take the matter to traditional authorities (T/A) for public hearings. In most cases/ complaints of this nature are sorted out at traditional authority level. However, those who are not satisfied with the verdict will be allowed to appeal to the District Commissioner (DC) of the district. Further appeals can be made to the central government. In this regard, the matter can be referred to one of the line ministries (Ministry of Lands and Valuation, Ministry of Labour, Ministry of Local Government) on the matter of dispute which may give direction on the existing policy to be implemented. Formal Courts Formal courts include magistrates, High Court of Malawi and Supreme Court of Malawi. These courts handle both civil and criminal cases. Regarding complaints and cases during MRDRMP, people with complaints will have opportunity to take cases to these courts for review and determination on course of action. Such cases may include review of amount of compensations, cases theft of valuable properly as well as beating each other. Magistrate courts are in all 15 project districts and these would help complainants to access the services of these magistrates in case such needs arise. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 85 Access to World Bank Grievance Redress system Malawi Government will also ensure that communities and individuals in project locations are aware of World Bank Grievance Redress System. Government will disclose simple system of submitting issues of concern through letters or newspapers. People who believe that they are adversely affected by project activities carried by contractors or communities may submit complaints (through letters/phones) to Grievance Redress Service (GRS) World Bank Malawi office. The letters would be reviewed by offices. The system ensures that complaints received are promptly reviewed in order to address project-related concerns. Project affected communities and individuals may also submit their complaint to the Bank’s independent Inspection Panel, after having brought the complaint to the attention International Development Association through Malawi Country Office. Information on how to submit complaints to the Bank’s Grievance Redress Service and the Bank Inspection Panel will be disclosed to the public during public disclosure of Environmental and Social Management Framework. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 86 ANNEX K: GENDER BASED VIOLENCE MITIGATION PLAN DEVELOPMENT GUIDELINES Gender-Based Violence (GBV) Mitigation Gender Based Violence is defined as any conduct, comment, gesture, or contact perpetrated by an individual based on gender on the work site or in its surroundings, or in any place that results in, or is likely to result in, physical, sexual, or psychological harm or suffering to another individual without his/her consent, including threats of such acts, coercion, or arbitrary deprivations of liberty. The objective of the GBV mitigation plan is to prevent sexual exploitation and abuse of women and children during implementation of the project through improved project risk assessment, active community engagement, and the design and monitoring of systems to minimize risks. The project is classified as a moderate GBV risk project that requires an assessment of the GBV risks in the subproject’s Environmental and Social Impact assessments and development of a GBV action plan as part of subprojects ESMPs. GBV Risks of the MRDRM project The project especially on component 2 will involve some construction works that will likely engage contractors that employs both men and women from surrounding communities and bring workers from other areas increasing the risk of social impacts such as Gender Based Violence. The populations at high risk of GBV are women and girls because gender-based violence is largely rooted in societal norms that perpetuate power differentials between men and women. • The major risk factors that aggravate GBV include: • High levels of poverty in the project area; • Large population of young women; • Large population of sex workers; • Education level of women; • Unstable social conditions; • Employment rate of women (economic empowerment) • Existence of norms supporting gender inequality; • Lack of institutional support; • High crime levels/violence Some of the forms of gender-based violence that could arise from the project include: • Rape and sexual assault; • Sexual harassment; • Unwanted sexual advances including touching • Physical violence/ assault • Use of abusive, sexually provocative, demeaning or culturally inappropriate language; • Domestic violence; • Sexual interactions that are not agreed to with full consent by all parties; • Exchange of money, employment, goods, or services for sex, including sexual favors or other forms of humiliating, degrading or exploitative behavior; • Discrimination against women and children; Generic mitigation measure To mitigate the risks of the GBV risks associated with the project, the following general mitigation measures will have to be applied before and during the implementation of subprojects: Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 87 • Sensitize communities on GBV risks of the project during stakeholder’s engagement prior to implementation of subprojects; • Develop and institute an effective grievance redress mechanism and sensitize the community on the same before implementation of subprojects; • Define GBV requirements and expectations in bid documents; • Ensure that code of conducts is signed and understood by all contractor staff; • The contractor should include a GBV response proposal in the contractor ESMP and should be evaluated prior to project implementation; • Provide separate facilities for men and women; and • Provide appropriate signage on GBV in local language. • Stakeholder mapping and analysis for collaboration and networking in GBV prevention and protection activities; • Development of GBV and SEA referral pathway. Some serious risks of GBV such as rape, sexual assault and physical violence should be reported to the Police as early as possible as they are criminal in nature. Preventing and mitigating against project-related risk of sexual exploitation and abuse requires interaction and collaboration between different stakeholders that includes: • Women and girls/children at risk, as well as other vulnerable populations in the targeted communities; • Community leaders that can play a role in GBV mitigation; such as chiefs, religious leaders etc.; • Contractors and consultants; • Government agencies at central and local levels, such as Ministry of Gender, Malawi Police service, District Councils and Ministry of labor; and • The World Bank. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 88 ANNEX L. ENVIRONMENTAL AND SOCIAL RULES FOR CONTRACTORS These Environmental and Social Rules for Contractors are prepared for all the contractors to be engaged rehabilitation and reconstruction activities of projects under MRDRM Project. The guidelines include provisions for proper management of construction sites, safe storage of construction materials and safe disposal of wastes. 1.0 General Considerations a) The contractor shall, in all his activities ensure maximum protection of the environment and the socio-economic wellbeing of the people affected by the project, whether within or outside the physical boundaries of the project area. b) Before any construction works begin, the contractor shall ensure that the relevant environmental and land acquisition certificates of authorization for the works have been obtained from the Director of Environmental Affairs and/or the Commissioner for Lands c) In general, the contractor shall familiarize himself with the Environmental and Social Management Plans and Resettlement Action Plans. Specifically, the contractor shall make every effort to follow and implement the recommendations and mitigation measures of the ESMP to the satisfaction of client and all relevant agencies. d) The contractor shall work in cooperation and in coordination with the Project Management Team and/or any other authority appointed to perform or to ensure that the social and environmental work is performed according to the provisions of the Environmental and Social Screening and environmental management plans for sub-projects. e) The contractor shall always keep on site and make available to Environmental Inspectors or any authorized persons, copies of the ESMPs, RAPs and ARAPs for the monitoring and evaluation of environmental and social impacts and the level or progress of their mitigation. 2.0 Acquisition of Construction Materials The contractor shall ensure that construction materials such as sand, quarry stone, soils or any other construction materials are acquired from approved suppliers and that the production of these materials by the suppliers or the contractor does not violate the environmental regulations or procedures on mining. Collection of sand by communities will be guided by local council’s by-laws. 3.0 Movement and Transportation of Construction Materials The movement and transportation of construction materials to and within the construction sites shall be done in a manner that generates minimum impacts on the environment and on the community, as required by the ESMPs and the RAPs or ARAPs. 4.0 Storage of Construction Materials and Equipment Construction materials shall be stored in a manner to ensure that: a) There is no obstruction of service roads, passages, driveways and footpaths; b) Where it is unavoidable to obstruct any of the service paths, the contractor shall provide temporary or alternate by-passes without inconveniencing the flow of traffic or pedestrians; c) There is no obstruction of drainage channels and natural water courses; d) There is no contamination of surface water, ground water or the ground; e) There is no access by public or unauthorized persons, to materials and equipment storage areas; f) There is no access by staff, without protective clothing, to materials and equipment storage areas; Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 89 g) Access by public or unauthorized persons, to hazardous, corrosive or poisonous substances including asbestos lagging, sludge, chemicals, solvents, oils or their receptacles such as boxes, drums, sacks and bags is prohibited; h) Access by staff, without the appropriate protective clothing, to hazardous, corrosive or poisonous substances including asbestos lagging, sludge, chemicals, solvents, oils or their receptacles such as boxes, drums, sacks and bags is prohibited. 5.0 Safe Disposal of Construction Waste a) Construction waste includes but is not limited to combustion products, dust, metals, rubble, timber, water, waste water and oil. Hence construction waste constitutes solid, liquid and gaseous waste and smoke. b) In performing his activities, the contractor shall use the best practical means for preventing emissions of noxious or offensive substances into the air, land and water. He shall make every effort to render any such emissions (if unavoidable) inoffensive and harmless to people and the environment. c) The contractor shall, in particular, comply with the regulations for disposal of construction/demolition wastes, waste water, combustion products, dust, metals, rubble and timber. Wastewater treatment and discharge will conform to the applicable regulations by the relevant Local Authority and Ministry of Irrigation and Water Development. d) Asbestos wastes, PCBs and other hazardous wastes shall be treated and disposed of in conformity with the national regulations and where applicable, with the supervision of qualified personnel. 6.0 Occupational Health and Safety of Workers. a) The contractor shall provide all necessary protective clothing for workers exposed to hazardous and dangers work activities. b) Requirement for contractors to prepare Contractor’s site specific ESMPs based on the sub- project ESMP provided by the Client as part of the contract. The Contractor’s Site -specific ESMP ought to be approved by the client prior to commencement of works. c) All workers shall be regularly sensitized on safety regulations on the site. d) The contractor shall be guided by and shall adhere to the relevant national safety cardinal rules on the site. e) The construction shall maintain on the site first aid kits for male and female workers. f) Workers shall be provided with clean potable water on the site and safety cooking places g) Workers shall be provided with wash rooms and ventilated pit latrines. 7.0 HIV/AIDS Work Place Policy and Training on HIV/AIDS for workers. a) The contractor shall prepare and adopt an HIV/AIDS Work Place Policy for construction site. b) The contractor shall arrange for HIV/AIDS training programmes for the construction crews to ensure their understanding of the relevant issues. These will be budgeted elements within Bill of quantities for a construction project. c) Appropriate IEC materials shall be distributed to workers on the site. d) Both male and female condoms shall be distributed to workers on the site. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 90 Annex M: Labor Management Plan As and accompanying document, the Labor Management Plan for the Parent Project has been included as a part of the framework guide that will be used to develop the LMP for the interventions that will be later be unveiled. See document titled Annex M Labor Management Plan for further reference. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 91 Annex N: Annex N - Integrated Pest Management Plan for MDRRP The IPMP for the Parent Project has been included as accompanying documents that will form part of the framework guide that will be used to develop the IPMP for the interventions that will be later be known and established. The IPMP’s will be developed to suit the intervention sites when they will be known and the IPMP will be appended to this Document. See document titled Annex N Integrated Pest Management Plan. Malawi Resilience and Disaster Risk Management Project Additional Financing (MRDRMP AF) ESMF Page 92