DEMOCRATIC REPUBLIC OF CONGO (DRC) Kinshasa Multisectoral Development and Urban Resilience Project (KIN-ELENDA) ENVIRONMENTAL and SOCIAL COMMITMENT PLAN (ESCP) February 2021 1|Page ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 1. The Democratic Republic of Congo (hereinafter the Recipient) shall implement the Project Kinshasa Urban Resilience Multisectoral Development Project (KIN ELENDA) Project, with the involvement of the following Ministries: Ministry of Infrastructure and Public Works, in association with the Ministries in charge of Energy and Hydraulic Resources; the Ministry of Urban Planning and Housing, as well as with the City of Kinshasa (CK). The International Association for Reconstruction and Development/International Development Association (hereinafter the Association) has agreed to provide financing for the Project. 2. The Recipient shall implement material measures and actions so that the Project is implemented in accordance with the Environmental and Social Standards (ESSs). This Environmental and Social Commitment Plan (ESCP) sets out material measures and actions, any specific documents or plans, as well as the timing for each of these. 3. The Recipient shall also comply with the provisions of any other E&S documents required under the ESF and referred to in this ESCP, such as the Environmental and Social Management Framework (ESMF), Environmental and Social Impact Assessment (ESIA), Resettlement Policy Framework (RPF), Resettlement Action Plans (RAP), Stakeholder Engagement Plans (SEP), and the timelines specified in those E&S documents. 4. The Recipient is responsible for compliance with all requirements of the ESCP even when implementation of specific measures and actions is conducted by the Ministry, agency or unit referenced in 1. above. 5. Implementation of the material measures and actions set out in this ESCP shall be monitored and reported to the Association by the Recipient through the Ministry of Infrastructure and Public Works/Cellule Infrastructure (CI) as required by the ESCP and the conditions of the legal agreement, and the Association shall monitor and assess progress and completion of the material measures and actions throughout implementation of the Project. 6. As agreed by the Association and the Recipient, this ESCP may be revised from time to time during Project implementation, to reflect adaptive management of Project changes and unforeseen circumstances or in response to assessment of Project performance conducted under the ESCP itself. In such circumstances, the Recipient through the Ministry of Infrastructure and Public Works/CI shall agree to the changes with the Association and shall update the ESCP to reflect such changes. Agreement on changes to the ESCP shall be documented through the exchange of letters signed between the Association and the Borrower. The Borrower shall promptly disclose the updated ESCP. 7. Where Project changes, unforeseen circumstances, or Project performance result in changes to the risks and impacts during Project implementation, the Recipient shall provide additional funds, if needed, to implement actions and measures to address such risks and impacts, which may include environmental risks such as environmental, health and safety effects, flooding, erosion, the appearance of animal or plant epidemics, the influx of labor, the risk of degradation of natural resources and pollution of the environment (air, soil and water pollution, reduction of vegetation in the event of tree felling and deforestation, nuisances due to activities and construction site waste); risks of disruption of free movement and socio-economic activities; risks of social conflicts in case of non-local employment or non- respect of customs and habits; risks to the health and safety of the populations (emergence of diseases among the populations and workers, accidents related to construction site activities, health risks related to poor management of hazardous waste, including biomedical waste, loss of land, property and sources of income, gender-based violence (sexual harassment, rape, unwanted pregnancies among the beneficiary populations, etc.) ; and risks related to child labor and forced labor. 2|Page THE WORLD ASSOCIATION - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION November 2020 2 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY MONITORING AND REPORTING A REGULAR REPORTING Quarterly throughout the project in Ministry of Infrastructure and Public Works coordination with the project monitoring through the Cellule Infrastructure (CI), shall The Ministry of Infrastructure and Public Works/Cellule report. have primary responsibility for E&S reporting Infrastructure (CI) shall prepare and submit to the Association and oversight. regular monitoring reports on the environmental, social, health and safety (ESHS) performance of the project, The Other Project Executing Agencies: Unité de implementation of the ESCP, progress in the preparation and Coordination de Management des Projets du implementation of the E&S safeguards documents required ministère (UCM), Cellule d’Exécution des Projets under the Project, stakeholder engagement activities and the Eau (CEP-O/REGIDESO) shall have the functioning of complaint management mechanisms, including responsibility of implement E&S measures in the SEA/HS prevention and mitigation Action Plan. their respective sectors and report to the CI. B INCIDENTS AND ACCIDENTS Notify the Association immediately, and no Ministry of Infrastructure and Public Works Promptly notify the Association of any incident or accident later than 48 hours after becoming aware of the through the Cellule Infrastructure has the related to or affecting the KIN ELENDA Project activities that has, incident or accident (serious), and no later than primary responsibility to report all incidents or is likely to have, a significant adverse effect on the 24 hours any severe incident/accident, and accidents. entity environment, affected communities, the public or workers, including GBV/SEAH incidents including risks to safety, health and environment (SEHS), sexual exploitation and abuse, and sexual harassment, , alleged Provide the Association with a detailed report violations of labor laws and working conditions. For information: not later than 7 days from becoming aware of any fatal accidents related to the Project or any allegations of the incident. gender-based violence related to the Project, including without limitation any allegations of gender-based violence and/or sexual The other Project Executing Agencies, UCM, exploitation, abuse and harassment (GBV/SEAH). The other agencies (CEP-O/REGIDESO and CEP-O/REGIDESO, and CK shall report to CI on UCM) to notify the CI immediately, and no later any incidents and accidents, and CI shall report Provide sufficient details regarding the incident or accident, than 48 hours after becoming aware of the to Bank within the deadlines. indicating the immediate measures taken to address it, and shall incident or accident (serious), and no later than include information provided by any supplier/service provider or 24 hours any severe incident/accident, supervisory entity, as appropriate. including GBV/SEAH incidents. 3|Page THE WORLD ASSOCIATION - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION November 2020 2 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY C MONTHLY REPORTS ON WORKS IMPLEMENTATION Monthly report throughout the project in Supervising engineer Supervising engineers are required to provide monthly coordination with the project monitoring Ministry of Infrastructure and Public Works monitoring reports to the Project Implementing Unit. Such report. through CI shall have primary responsibility for monthly reports shall be submitted to the Association by the reporting. Borrower upon request. The other Project Executing Agencies: UCM and CEP-O/REGIDESO shall report to CI. ESS 1: ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS 4|Page THE WORLD ASSOCIATION - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION November 2020 2 1.1 ORGANIZATIONAL STRUCTURE CI has an environmental specialist, a social Ministry of Infrastructure and Public Works (CI) development specialist, and a GBV specialist, It and the coordination of other implementing Maintain an organizational structure with qualified staff and is in a process of finalizing the recruitment of agencies (CEP-O/REGIDESO, UCM..) resources to support management of E&S risks. This shall be the environmental specialist through Project Steering Committee and the Project CEP-O/REGIDESO has one environmental coordinating agencies. The following staffing for E&S risk specialist and a social specialist. management is planned: UCM has one environmental specialist and a social specialist. The CI shall hire and maintain one (1) environmental specialist, The CK has a community engagement one (1) social development specialist and one (1) GBV specialist. specialist. These staff shall be maintained throughout The CI shall ensure that partner agencies (CEP-O/REGIDESO and project implementation. Additional staffing UCM) and beneficiaries (CK) hire experts as follows: may be added in accordance to the needs of The CEP-O/REGIDESO shall hire and maintain one (1) the successful project implementation. environmental specialist and one (1) social development specialist. The UCM shall hire and maintain one (1) environmental specialist and one (1) social specialist. The CK shall hire and maintain one (1) Community Engagement Specialist. The Infrastructure Unit (CI) is the PIU in charge of the overall The collaboration protocol to coordinate management of the KIN ELENDA Project. In its multisectoral implementation of activities is being discussed character, the CI shall sign a collaboration protocol with the other and shall be signed between CI and other management agencies of the Project namely the UCM for the implementing agencies by effectiveness. energy component, the CEP-O/REGIDESO for the water and sanitation component, the VK for the urban management and waste component as well as social integration, and the INPP for the basic skills training activities. The building of safeguards capacity for transfer of some implementation responsibility to CK shall be part of the project. During implementation of the project, upon successful implementation of project activities some responsibility may be transferred to CK. The two entities shall undergo an evaluation of safeguards capacity before any transfer of responsibility can take place. 5|Page THE WORLD ASSOCIATION - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION November 2020 2 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY 1.2 ENVIRONMENTAL AND SOCIAL ASSESSMENT Ministry of Infrastructure and Public Works Assess the E&S risks and impacts of the Project in accordance through the CI) shall have primary with the ESMF and prepare, disclose, consult upon, adopt and responsibility. Other implementing agencies: thereafter implement in a manner acceptable to the Association CEP-O/REGIDESO and UCM implement the the following instruments: instruments and report to CI. ESIA for the Public Spaces (Maison Communale and Place Sainte The Recipient has prepared the ESIA for the CI Therese) public spaces in Ndjili, which has been approved and disclosed in the country and by the Association prior to appraisal. Abbreviated Resettlement Action Plan (ARAP) for N'djili Water The Recipient has prepared the ARAP for N'djili CEP-O/REGIDESO Intake Water Intake, and the ARAP for the Ozone Abbreviated Resettlement Action Plan (ARAP) for the Ozone Water Transfer towards the Makala reservoir, Water Transfer towards the Makala reservoir which have been approved and disclosed in the country and by the Association prior to appraisal. Environmental and Social Management Framework (ESMF) The Recipient has prepared the ESMF, which CI has been approved and disclosed in the country and by the Association prior to appraisal. It was updated and re-redisclosed prior to completing appraisal on February 12, 2021. Stakeholder Engagement Plant (SEP) The Recipient has prepared the SEP (including CI The Labor management Plan (LMP) the project Grievance Redress Mechanism) and CI LMP, which have been approved and disclosed in the country and by the Association prior to completing appraisal on February 12, 2021. Both shall be updated and disclosed during implementation as necessary. Resettlement Policy Framework (RPF) The draft RPF has been consulted upon, cleared CI and disclosed by appraisal on February 19, 2021, and shall be updated, approved and redisclosed during implementation as necessary. ESIA for the Makala Ozone water transfer (water component) The ESIA for the Makala Ozone water transfer CEP-O/REGIDESO shall be finalized, consulted, approved and disclosed during implementation. 6|Page THE WORLD ASSOCIATION - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION November 2020 2 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY ESIA for N'djili Water Intake (Water component) The ESIA for ESIA for N'djili Water Intake shall CEP-O/REGIDESO be finalized, consulted, approved and disclosed during implementation. Resettlement Action Plan (RAP) for the Lwemba and Maitre The RAP for the Lwemba and Maitre Crocquet CI Crocquet road rehabilitation (Urban component) road rehabilitation shall be finalized, consulted, approved and disclosed during implementation. SEA/SH Action Plan The SEA/SH action plan shall be prepared, CI consulted, approved and disclosed by effectiveness. ESIA and RAP for the rehabilitation of the Mpasa landfill The ESIA and RAP for the rehabilitation of the CI Mpasa landfill subcomponent, including the construction of new disposal cells and rehabilitation of Mpasa access road bridge will be prepared, consulted, approved and disclosed as a disbursement condition. ESIA for flooding and Erosions site (Urban component); TOR for the ESIA for flooding and erosion sites, CI ESIA for the rehabilitation of Luemba and Maitre Crocquet roads rehabilitation of Luemba and Maitre Crocquet (Urban component) roads, and ToR RAP for flooding and Erosions CEP-O/REGIDESO site were cleared prior to appraisal and will be disclosed during project implementation. The ESIA and RAP for Flooding and erosion sites shall be prepared, consulted upon, approved and disclosed during implementation. The ESIA for the rehabilitation of Luemba and Maitre Crocquet roads shall be prepared, consulted upon, approved and disclosed during implementation. Additionally, ESIA for flooding and erosion sites shall be shared with riparian countries (see above) upon disclosure. ESIA for the construction of parts of the new Ozone (water CEP-O/REGIDESO component) 7|Page THE WORLD ASSOCIATION - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION November 2020 2 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY ESIA – a training center (training component) Shall be prepared, consulted upon, cleared and CEP-O/REGIDESO ESIA for Labor Intensive Public Works disclosed during implementation. Additionally, CI ESIA for Sludge Treatment Site ITA Mombele (Water ESIA for the construction of parts of the new CEP-O/REGIDESO component) Ozone shall be shared with riparian countries Resettlement Action Plans (RAPs) for Kisenso Erosion site and (see above) upon disclosure. CI N'djili public space ESIA for the construction of the Ozone pipeline (water Prior to the implementation of phase 3 to be CEP-O/REGIDESO component) prepared according to the Bank operational policies funded by Kin-Elenda, a gap analysis shall be on safeguards, approved in 2018, updated in 2019 to reinforce on conducted to upgrade it to meet ESSs some key aspects of the ESF such as OHS, GBV, labor conditions. requirements. This ESIA shall be used for the phase one of the project funded by DRC Urban Water Supply Project (P091092), as well as phase 2. CERC-ESMF Shall be prepared if the CERC component is CI activated 8|Page THE WORLD ASSOCIATION - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION November 2020 2 1.3 MANAGEMENT TOOLS AND INSTRUMENTS From the beginning of the project preparation, Ministry of Infrastructure and Public Works ensure the preparation of the required E&S (CI) Screen any proposed subproject in accordance with the instruments be prepared as needed, each of Environmental and Social Management Framework (ESMF) which must be completed prior to the The other Project Executing Agencies (UCM, prepared for the Project, and, thereafter, draft, disclose, adopt, commencement of the work on the affected CEP-O) report to CI. and implement the subproject Environmental and Social sub-project site(s). Management Plan (ESMP), as required, in a manner acceptable to the Association. All site-specific instruments/documents (ESIAs, ESMPs and RAPs) shall require approval before CI, shall ensure: launching the bidding process for the (i) the preparation and dissemination of the required E&S respective subproject. Once approved, the instruments including: ESMF, RPF, RAPs, SEA/SH Action plans are carried out throughout Project Plan, SEP, ESIAs, and others to key stakeholders as listed implementation. in section 1.2; (ii) conducting the screening activities as soon as the draft Annual Work Program and Budget (AWPB) is available; (iii) the project acquire the necessary permits for E&S measures through the national authority, which is the Congolese Environmental Agency (ACE) whose mandate it is to validate environmental and social instruments;; (iv) inclusion of the integration of environmental and social clauses and ESMP in the bidding documents and works contracts; (v) monitoring of the effective implementation of measures; (vi) preparation of quarterly reports; (vii) implementation of the SEA/SH prevention and mitigation Action Plan; (viii) drafting of the environmental and social aspects of the Project Implementation Manual (PIM) including the 9|Page THE WORLD ASSOCIATION - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION November 2020 2 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY implementation arrangements with ACE;. All site-specific instruments/documents (ESIAs, (ix) that main ESIAs, ESMPs and RAPs as well as the E&S ESMPs and RAPs) to be completed or prepared aspects in the bidding documents, contracts, and C- during implementation as well as the E&S ESMPs for the following subprojects are drafted, aspects in the bidding documents, contracts, disclosed, adopted, in a manner acceptable to the and C-ESMPs shall require prior reviews. Once Association: Sludge Treatment Site ITA Mombele; approved, the plans are carried out throughout construction of parts of the new Ozone; Sludge Project implementation. RAPs must be fully Treatment Site-UNIKIN; the rehabilitation and implemented prior to the commencement of expansion of water distribution networks; Mpasa any civil works. Landfill sites; the rehabilitation of Luemba and Maitre Crocquet roads; and any other site where works will take place and requires an ESIA, ESMP, and RAP. 10 | P a g e THE WORLD ASSOCIATION - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION November 2020 2 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY 1.4 MANAGEMENT OF CONTRACTORS Simultaneously as the preparation of Ministry of Infrastructure and Public Works procurement documents. The C-ESMP must be (CI) shall have primary responsibility Incorporate the relevant aspects of the ESCP, including the included in the bidding documents of the relevant E&S documents and/or plans, and the Labor awarded contractor. The project shall The other Project Executing Agencies (UCM, Management Procedures, into the ESHS specifications of the supervise contractors throughout Project CEP-O) report to CI procurement documents with contractors. Thereafter ensure implementation. that the contractors comply with the ESHS specifications of their respective contracts. The project shall require the development and implementation of the following procedures applicable to contractors and subcontractors and other service providers: • Contractor ESMP (for the Construction Site, including Health, Safety and Hygiene Plan and COVID-19 Prevention Plan, which shall also include a worker’s GRM internal to the contractor as part of the overall GRM) • Minimum environmental and social clauses to be included in ToRs and Bidding Documents for works contracts and supervision contracts (codes of conduct, coordination, reporting and monitoring, Grievance Redress Mechanisms (GRM) sensitive to SEA/SH, and regular training to all staff on SEA/SH risks, including recycling sessions on a quarterly basis; • Social commitments through the Codes of Conduct on the prohibition of child labor, forced labor and other elements of GBV that shall be identified in the SEA/SH Action Plan; • Codes of conduct and Internal rules and regulations; • Quality of services; and Delays. 11 | P a g e THE WORLD ASSOCIATION - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION November 2020 2 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY ESS 2: LABOR AND WORKING CONDITIONS 2.1 LABOR MANAGEMENT PROCEDURES The Recipient has prepared the LMP, which has Ministry of Infrastructure and Public Works been approved and disclosed in the country through the CI shall have primary responsibility Develop a Labor Management Procedures (LMP) in accordance and by the Association prior to completing with national legislation and NES No. 2 Update, adopt, and appraisal on February 12, 2021. It will be Other partner agencies (CEP-O/REGIDESO and implement the LMP that have been developed for the Project, updated and disclosed not later than two UCM) and beneficiaries (CK and INPP) including clauses and sanctions against the use of SEA/SH. All months after effectiveness. implement the LMP staff shall be required to attend information and awareness sessions on GBV/SEAH throughout project implementation. Induction sessions shall be organized for temporary workers These are to be in place prior to the start of the before they start work. appointment of project personnel and before workers start working for contractors and sub- contractors These procedures shall also include clauses for the use of the services of Congolese and foreign workers (skilled and unskilled) in accordance with the Labor Code. These clauses should be included in the contracts of suppliers/service providers and subcontractors, prohibit the employment of children and forced labor, and guarantee the right to form a union. These clauses also protect vulnerable persons such as women and the disabled. The criteria and procedures for selection of community workers shall be established at a later stage. 12 | P a g e THE WORLD ASSOCIATION - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION November 2020 2 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY 2.2 GRIEVANCE MECHANISM FOR PROJECT WORKERS The grievance mechanism operational prior to Ministry of Infrastructure and Public Works engaging Project workers and maintained through the CI Establish, maintain, and operate a grievance mechanism for throughout Project implementation. Project workers, as described in the Labor Management Plan Other Project Executing Agencies: UCM, CEP- (LMP) and consistent with ESS2. The three implementing entities O/REGIDESO adopt the GRM of the KIN ELENDA Project shall make available to suppliers/service providers and sub-contractors the LMP GRM that covers all issues related to labor or employment, the fight against GBV, sexual harassment, the fight against discrimination, the workers' union, etc. The GRM of the KIN ELENDA Project, which shall be easily accessible to the Project Workers, shall comply with the ESS 2 and the social legislation (Labor Laws) of the DRC. The Recipient shall ensure that Project Workers using this Grievance Redress Mechanism shall not be subject to any form of discrimination or repression by employers. GRM shall be sensitive to SEA/SH complaints with response protocols to ensure survivors are referred to quality GBV services in a timely, confidential, and ethical manner. 2.3 CONSTRUCTION OCCUPATIONAL HEALTH AND SAFETY (OHS) Prior to the start of civil works. These Ministry of Infrastructure and Public Works MEASURES measures are implemented and maintained through the (CI) throughout the implementation of the Project Preparation, adoption, and implementation of the occupational, Other Project Executing Agencies: UCM, CEP- health and safety (OHS) measures specified in the ESMP, taking O/REGIDESO adopts the measures in the ESMP into account COVID-19 measures. COMPULSORY WEARING OF PERSONAL PROTECTIVE Suppliers/service providers develop and EQUIPMENT (PPE) implement. Further, the Recipient shall ensure that KIN ELENDA Project suppliers/providers make available to their workers and visitors, personal protective equipment (PPE) including those for COVID- 19 control prior to accessing construction sites and other associated facilities. In addition, they must ensure that adequate PPE is worn by all workers on the construction sites and associated facilities. 13 | P a g e THE WORLD ASSOCIATION - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION November 2020 2 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY 2.4 OPERATIONS OCCUPATIONAL HEALTH AND SAFETY (OHS) Plans to be finalized the 30 days prior to the Ministry of Infrastructure and Public Works MEASURES completion of work or 30 days prior to through the CI shall have primary responsibility commissioning, whichever is earlier OHS management plans to be prepared and implemented for Other project executing agencies: CEP- operations of the water treatment plant and solid waste O/REGIDESO (implementing the water management facility, taking into account any necessary OHS component) prepares and submit to CI. CEP- measures. O/REGIDESO adopts the plans after approval. ESS 3: RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT [the relevance of ESS3 is established during the ESA process. ESS3 may require the adoption of specific measures to cover energy, water and raw materials use, management of air pollution, hazardous and nonhazardous wastes, chemicals and hazardous materials and pesticides. Depending on the project, these measures may be set out in an E&S document (e.g. ESMP) already mentioned in the section under ESS1 above or as a stand-alone document or a separate action. Indicate whether ESS3-related measures are covered under an existing document or as stand-alone actions. See examples below]. 3.1 WASTE MANAGEMENT PLAN: Prior to the start of project activities. Ministry of Infrastructure and Public Works through the CI. shall have primary The Recipient shall ensure that the KIN ELENDA Project responsibility develops and implements a Waste and Hazardous Materials During the entire period of project execution Management Plan (ordinary waste and specific waste, including The other Project Executing Agencies: UCM biomedical waste) on all construction sites including the and CEP-O/REGIDESO adopt the WMP as part associated facilities concerned by the Project. of the C-ESMPs. The Recipient shall also ensure that project contractors prepare Prior to completion of works a site-specific waste management plan as part of their C-ESMP, and systematically remove all waste from the sites after completion of the work. ESS 4: COMMUNITY HEALTH AND SAFETY [the relevance of ESS4 is established during the ESA process. As with ESS3, ESS4 may require the adoption of specific measures that may be set out in an E&S document (e.g. ESMP) already mentioned in the section under ESS1 above or as a stand-alone document or a separate action. Indicate whether ESS4-related measures are covered under an existing document or as stand-alone actions. See examples below]. 14 | P a g e THE WORLD ASSOCIATION - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION November 2020 2 4.1 TRAFFIC AND ROAD SAFETY: At least 30 days before starting project Ministry of Infrastructure and Public The Recipient shall ensure that all specific documents (ESIAs/ESMPs) works. These shall be prepared Works through the CI shall have primary includes measures to addressed road safety issues, proportionate to the simultaneously as the preparation and responsibility level of the risk associated to the sub-projects. implementation of the ESMPs The Recipient shall ensure that Project suppliers/providers develop and Other implementing agencies: CEP- implement Traffic and Road Safety measures , as well as all contractors O/REGIDESO and UCM implement the as part of their C-ESMP to be prepared - at least 30 days prior to the instruments and report to CI. start of the works. The suppliers/providers shall fence off their construction sites, mark off and install traffic signs and speed reduction signs. 4.2 GBV AND SEA/SH RISKS: The SEA/ SH action plan shall be prepared Ministry of Infrastructure and Public disclosed, consulted upon and adopted not Works through the CI shall have primary SEA/SH (during the project preparation phase) : The project has later than the Effective Date and thereafter responsibility developed a SEA/H Action Plan that includes an accountability and implemented. response framework stablishing how handle SEA/H allegations, Other implementing agencies: CEP- disciplinary actions for violations of the code of conduct by workers, and O/REGIDESO and UCM implement the a referral pathway to refer survivors in line with national protocols. The instruments and report to CI. SEA/SH Action Plan includes, as well as, mitigating measures such as regular consultations with women and girls on project-related risks, the signing of a Code of Conduct for all project staff (including the PIU, consultants, suppliers, contractors and workers) with specific clauses on SEAH, a GRM to address SEAH complaints with specific measures to confidentially and safely intake and document SEAH incidents utilizing a survivor-centered approach, and the inclusion of SEA/SH requirement in bidding documents and contracts, an awareness raising strategy targeting workers and community members on codes of conduct, reporting mechanisms in case of an incidence of SEAH. The SEA/SH Action Plan shall be adapted to the conditions and restrictions imposed by COVID-19 pandemic, and not only to the increased risk of GBV/SEA SH incidents, but also the intersectionality between existing risk 15 | P a g e THE WORLD ASSOCIATION - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION November 2020 2 4.3 GBV AND SEA/SH RISKS DURING PROJECT IMPLEMENTATION: Codes of Conduct (CoCs) shall be translated Ministry of Infrastructure and Public The Recipient shall ensure that all bidding documents, works contracts into local languages and signed by workers Works through the CI shall have primary or contracts for services including consulting services within the and posted on construction sites and other responsibility framework of the Project shall oblige suppliers/service providers, associated facilities. The necessary training subcontractors or consultants to adopt a code of conduct that shall be shall have been provided before the start of Other implementing agencies: CEP- given to all workers for signature. This Code of Conduct shall apply to the KIN ELENDA Project activities. O/REGIDESO and UCM implement the contracts or services other than consulting services, commissioned or instruments and report to CI. carried out under such contracts or agreements, shall cover, inter alia, gender-based violence, violence against children, sexual exploitation and abuse, and sexual harassment shall include an action plan for their effective implementation, and shall provide training for this purpose. 16 | P a g e THE WORLD ASSOCIATION - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION November 2020 2 4.4 SECURITY PERSONNEL: The project shall prepare, adopt, and Plan to be prepared, disclosed, consulted Ministry of Infrastructure and Public implement a Security Management Plan based on a Security Risk upon and adopted prior to the Works through the CI shall have primary Assessment to manage Security Personnel consistent with the commencement of civil engineering work. responsibility. requirements of ESS4, in a manner acceptable to the Association. Security risk assessment for all components and subprojects shall be Throughout the life cycle of the project. conducted for the sites requiring the use of public or security personnel forces. A security risk assessment has been done for the Mpasa Waste Site. For any other Where there are some cases of insecurity (e.g. Kuluna phenomenon, sites requiring use of security personnel or banditry, etc.), per the ESMF, the Recipient shall put in place safety public forces, the project shall proceed to management measures depending on the level of risk present in the conduct a security risk assessment. area of intervention. Based on experience from other Association-financed projects in the portfolio, the Recipient requested support from MONUSCO, which is specialized in training of security personnel, for all such related training. However, training sessions were delayed because of COVID-19. Additionally, for any sites for which security personnel is required, the Recipient shall : (i) conduct reasonable investigations to verify that direct or contract workers hired to provide security are not implicated in past abuses ; (ii) adequately train (or determine that they are adequately trained) in the use of force (and, where applicable, firearms), and appropriate conduct to affected workers and communities; and (iii) require them to act in accordance with applicable law and any requirements set out in this ESCP. ESS 5: LAND ACQUISITION, RESTRICTIONS ON LAND USE AND INVOLUNTARY RESETTLEMENT [the relevance of ESS5 is established during the ESA process. If during Project preparation, it is determined that resettlement documents need to be prepared, this should be reflected in the ESCP. See examples below] 17 | P a g e THE WORLD ASSOCIATION - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION November 2020 2 5.1 RESETTLEMENT PLANS: The Recipient has prepared and consulted Ministry of Infrastructure and Public Prepare the required document including the Resettlement Policy upon the RPF, was approved and disclosed Works through the CI shall have primary Framework (RPF) which is intended to describe precisely the principles, on February 19, 2021, it will be updated and responsibility organizational modalities and design criteria for resettlement to be redisclosed during implementation as applied to the components or sub-projects to be prepared during the necessary. Other implementing agencies: CEP- implementation of the project (see paragraph 25 of NES No. 5). Once O/REGIDESO and UCM implement the the sub-projects or individual project components have been defined instruments and report to CI. and the necessary information is made available, this framework shall be expanded to consider the potential risks and effects of the project. Project activities that shall result in physical and/or economic displacement shall not commence until these specific plans have been For known sites, RAPs were prepared, developed, approved, and implemented in a manner acceptable by the consulted and disclosed. Additional RAPs World Association. shall be prepared, approved and disclosed in a manner acceptable to the Association per Additionally, prepare and implement Resettlement Plans in line with the section 1.2 of the present ESCP. Project requirements of the Resettlement Policy Framework (RPF), EES No. 5 activities that shall result in physical and/or and national legislation, including the implementation budget and economic displacement shall not commence support for resettlement and vulnerable persons. All RAPs must be until these specific plans have been CI and other project Executing Agencies:, approved by the World Association and disclosed at the country level developed, approved and implemented in a UCM, CEP-O and on the Association's website. Implementation of RAPs shall take manner acceptable by the Association. place (including any compensation or other assistance paid) prior to the start of all work. 5.2 GRIEVANCE MECHANISM The GRMs shall be prepared simultaneously Ministry of Infrastructure and Public with the other safeguards instruments and Works through the CI shall have primary Ensure that the KIN ELENDA RPF and RAPs include Grievance Redress shall be put in place prior to the start of responsibility Mechanism to address SEA/SH complaints (GRM-SEA/SH). The three project activities and shall be in place coordinating agencies of the KIN ELENDA Project shall make available to throughout the project life cycle. suppliers/service providers and sub-contractors the GRM that covers all Other Project Executing Agencies and issues related to land acquisition and resettlement. beneficiaries: UCM, CEP-O/REGIDESO, and The Recipient shall ensure that Project Affected Persons using this CK adopt and implement the GRM Grievance Redress Mechanism shall not be subject to any form of discrimination or repression by any entity in the resettlement process. ESS 6: BIODIVERSITY CONSERVATION AND SUSTAINABLE MANAGEMENT OF LIVING NATURAL RESOURCES [the relevance of ESS6 is established during the ESA process. As with other ESSs, ESS6 may require the adoption of specific measures that may be set out in an E&S document (e.g. ESMP) already mentioned in the section under ESS1 above or as a stand-alone document or a separate action. Indicate whether ESS6-related measures are covered under an existing document or as stand-alone actions. See examples below]. 18 | P a g e THE WORLD ASSOCIATION - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION November 2020 2 6.1 BIODIVERSITY RISKS AND IMPACTS: same timeline as specific instruments Ministry of Infrastructure and Public (ESMPs, ESIAs) Works through the CI shall have primary Ensure that the ESIA related to dredging activities identifies, responsibility assess and propose mitigation measures to manage any risks and impacts on biodiversity, proportionate to the level of the identified risk ESS 7: INDIGENOUS PEOPLES/SUB-SAHARAN AFRICAN HISTORICALLY UNDERSERVED TRADITIONAL LOCAL COMMUNITIES [See examples of possible actions below, if determined that ESS7 is relevant]. 7.1 INDIGENOUS PEOPLES PLAN: This standard is not relevant in the KIN ELENDA Project. ESS 8: CULTURAL HERITAGE]. 8.1 CHANCE FINDS: Develop and implement a procedure on The chance finds procedures shall be Ministry of Infrastructure and Public incidental findings in the ESMF. Clauses on such discoveries shall developed during the preparation of the Works through the CI shall have primary be included in all work contracts, even in cases where the ESMF project and shall be applied responsibility probability is very low (the activities of the KIN ELENDA Project throughout the project implementation. The Contractors shall have to adopt the carry low risks for cultural heritage as they take place in the procedures before commencing the Other Project Executing Agencies and urban environment.). The ESMF shall propose a procedure in case tendering process and throughout the beneficiaries: UCM, CEP-O/REGIDESO, and of accidental discovery of cultural remains, in accordance with Project. implement the ESMF national legislation and the practices of the Ministry in charge of culture in compliance with the World Association's ESS8. ESS 9: FINANCIAL INTERMEDIARIES [This standard is only relevant for Projects involving Financial Intermediaries (FIs). See below a couple of examples of actions that should be considered when FIs are involved.] 9.1 This standard is not relevant in the KIN ELENDA Project. ESS 10: STAKEHOLDER ENGAGEMENT AND INFORMATION DISCLOSURE 19 | P a g e THE WORLD ASSOCIATION - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION November 2020 2 10.1 STAKEHOLDER ENGAGEMENT PLAN PREPARATION AND The SEP was prepared, disclosed, and Ministry of Infrastructure and Public IMPLEMENTATION adopted prior to project appraisal on Works through the CI shall have primary February 12, 2021, and shall be responsibility Prepare a stakeholder engagement plan (SEP) consistent with implemented throughout the life of the ESS10, which shall be adopted and made public. project. The SEP shall be revised no later than two months after effectiveness, and shall include the action plan and Other Project Executing Agencies and Ensure the implementation of the SEP, which may be modified communication plan for the beneficiaries: UCM, CEP-O/REGIDESO, and and updated (and revised prior to effectiveness) as necessary implementation of the SEP. CK adopt and implement the SEP during project implementation. The project has recruited a social and community engagement specialist for the implementation unit to support the implementation and monitoring of the SEP. An action plan shall be prepared after project effectiveness to ensure the successful implementation of the SEP. The project shall ensure through supervision sufficient participation in public consultation sessions for the implementation of the required instruments (Environmental and Social Impact Assessment (ESIA), Environmental and Social Management Plan (ESMP), Resettlement Action Plans (RAPs), Hazardous Waste Management Plan (HWMP), and other instruments; 10.2 PROJECT GRIEVANCE MECHANISM: The Recipient has prepared as part of the Ministry of Infrastructure and Public SEP a GRM, which has been approved and Works through the CI shall have primary The Recipient developed as part of the SEP, a Grievance and Redress disclosed in the country and by the responsibility Mechanism, including procedures to address SEA/SH incidents, which Association prior to completing appraisal on shall be supported by a communication plan to ensure that project February 12, 2021. The SEP shall be residents affected by the project are aware of the existence of this updated and disclosed not later than two Other Project Executing Agencies: UCM, mechanism and are familiar with the procedures for filing and handling months after effectiveness. CEP-O/REGIDESO adopt the GRM complaints and other means of redress. CAPACITY SUPPORT (TRAINING) 20 | P a g e THE WORLD ASSOCIATION - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION November 2020 2 CS1 With the support of third party resources, as appropriate (independent Capacity building initiatives to be Ministry of Infrastructure and Public experts, firms/engineering firms, NGOs, etc.) to be identified prior to implemented once the project is effective Works (CI) / other Project Executing the implementation of capacity building initiatives, the Recipient shall and throughout project implementation. Agencies: UCM, CEP-O develop and implement a training plan for target groups associated with the KIN ELENDA Project to make them aware of the risks and mitigate the effects related to KIN ELENDA project activities. An initial training plan (below) is presented and the plan shall be adapted according to the needs during the implementation of the KIN ELENDA Project, with guidance from the World Association project team. CS1. Module on Community Health And Safety: During the preparation of E&S risk Ministry of Infrastructure and Public 1 The Recipient shall work with the project suppliers/service providers, management instruments, and prior to the Works (CI)/ other Project Executing through the three Project Coordinating Agencies, namely the start of activities and throughout the period Agencies:, UCM, CEP-O Infrastructures Unit , the UCM and the CEP-O/REGIDESO in collaboration of project implementation with the CK and the INPP, to organize training for workers in order to better control the risks of implementing project activities on the neighboring populations, with a focus on the following themes: gender- based violence, child labor, forced labor, STI/HIV-AIDS, GRM - including the mechanism for managing complaints related to SEA/SH; pollution and environmental risk management during project work - Occupational Health and Safety Hygiene, risks related to security personnel; the fight against COVID-19 pandemic, compliance with the code of conduct, etc. 21 | P a g e THE WORLD ASSOCIATION - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION November 2020 2 CS2 Module 1. Environmental and social management, design and Not later than six months after the Effective CEA, provincial and communal technical realization of the module integrating at least the following aspects : Date services, CI, CEP-O/REGIDESO, UCM • Selection process and environmental and social classification of sub- (ESMS, SSMS, project managers, technical managers), CK, INPP, local authorities projects in accordance with the requirements of the Environmental concerned, local NGOs and Social Framework (ESC); • Determining the appropriate instruments to prepare following sub- project screening; • Good knowledge of the procedures for organizing and conducting ESIAs; • Environmental and social policies, procedures and legislation in the DRC; • Knowledge of the process for monitoring the implementation of ESIAs and RAPs. Knowledge of the Environmental and Social Management Plan (ESMP) of the construction site CS3 Module 2. Occupational Health and Safety: From 1st to 6th year (Throughout the CEA, provincial and communal technical • Personal Protective Equipment (PPE) implementation of the projects) services, CI, CEP-O/REGIDESO, UCM • Workplace risk management (ESMS, SSMS, project managers, technical • Prevention of accidents at work managers), CK, INPP, local NGOs, • Hygiene, health and safety rules contractors, contractors' employees, • Handling of fire extinguishers for fire extinguishers control mission. • Hazardous waste management (solid and liquid) • Emergency preparedness and response • Prevention of the risks of spreading STIs and HIV/AIDS COVID-19 prevention 22 | P a g e THE WORLD ASSOCIATION - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION November 2020 2 CS4 From 1st to 6th year (Throughout the CEA, provincial and communal technical Module 3. Employment and working conditions implementation of the projects services, CI, CEP-O/REGIDESO, UCM • Terms and conditions of employment under the DRC's national (ESMS, SSMS, project managers, technical managers), CK, INPP, local NGOs, labor legislation contractors, - Contractors' employees, • Codes of conduct sensitive to SEA/SH (CoC) for suppliers/providers Mission of control of enterprises and subcontractors • Internal regulation of suppliers/providers • Work code • International Labour Organization (ILO) • Worker organizations Rules on child labor and the minimum age of employment for children CS5 Module 4. Grievance Redress Mechanism, design and implementation Throughout the implementation of the Steering Committee, CEA, provincial and of the module by integrating at least the following aspects: Project communal technical services, CI, CEP- • • Procedure for registration, processing, and verifying complaints, O/REGIDESO, UCM (ESMS, SSMS, project managers, technical managers), CK, INPP, including those related to SEA/SH local NGOs, local authorities • • Complaint Resolution Procedure • Documentation and handling of complaints Use of the procedure by the various stakeholders CS6 Module 5. Hazardous and Biomedical Waste Management: Not later than 6 months after the Effective Steering Committee, CEA, provincial and • Risk information and health and safety advice, see the World Date communal technical services, CI, CEP- Association Group's Environmental Health and Safety Guidelines on O/REGIDESO, UCM (ESMS, SSMS, project managers, technical managers), CK, INPP, the Management of Health Facilities and International Good Practice local NGOs, local authorities in Health Facilities Management • Basic knowledge of waste handling and risk management procedures • Wearing of individual protection and safety equipment • Information on the waste sorting process • Safe procedures for the management of landfilled wastes Emergency and rescue measures 23 | P a g e THE WORLD ASSOCIATION - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION November 2020 2 CS7 Module 6. Risks of GBV and SEA/SH Not later than 6 months after the Effective Steering Committee, CEA, provincial and • Awareness-raising, capacity building and prevention, mitigation Date communal technical services, CI, CEP- and response activities for SEA/SH risks O/REGIDESO, UCM (ESMS, SSMS, GBV expert, project managers, technical • Support for SEA/SH survivors through the elaboration of a referral managers), local authorities, CK, INPP, pathway (medical, psychosocial and legal/judicial assistance) local NGOs • Coordination of SEA/SH GRM by the Recipient, as a GRM operator • Themes, activities and target audiences shall be identified during community consultations and included the SEA/SH Action Plan. Themes, activities and target audiences shall be included in the SEA/SH Action Plan. CS8 Introduction to risk and disaster management Not later than 6 months after the Effective CEA, provincial and communal technical • Types of disasters Date services, CI, CEP-O/REGIDESO, UCM (ESMS, SSMS, project managers, technical • Disaster Management managers), CK, INPP, local authorities, local NGOs • Preparation of the Disaster Management Plan and Emergency Plan • Disaster risk prevention 24 | P a g e