WORLD BANK ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) REPUBLIC OF EL SALVADOR Ministry of Education Growing Up and Learning Together: Comprehensive Early Childhood Development in El Salvador Project (P171316) ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN February 19, 2020 1 | Page WORLD BANK ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 1. The Republic of El Salvador will implement the Growing Up and Learning Together: Comprehensive Early Childhood Development in El Salvador Project (the Project,) with the involvement of its Ministry of Education (Ministerio de Educación - MINEDUCYT). The International Bank for Reconstruction and Development (hereinafter the Bank) has agreed to provide financing for the Project. 2. The Republic of El Salvador will implement material measures and actions for the Project to be implemented according to the Environmental and Social Standards ( ESS). This Environmental and Social Commitment Plan (ESCP) establishes the material measures and actions, any specific documents or plans, as well as the timeframes for each of these. 3. The Republic of El Salvador will also comply with the provisions of any other environmental and social (E&S) documents required under the ESSs and referred to in this ESCP, such as the Environmental and Social Management Framework (ESMF), the Environmental and Social Management Plans (ESMPs) for subprojects, the Stakeholder Engagement Plan (SEP), the Indigenous Peoples Planning Framework (IPPF), specific Indigenous Peoples Plans that will be developed for sub-projects, the Resettlement Policy Framework (RPF), the specific Resettlement Action Plans (RAPs) that will be developed for sub-projects, and the Labor Management Procedures (LMP,) and the timelines specified in those E&S documents. These documents may be reviewed from time to time, during the Project implementation, with prior written agreement from the Bank. 4. The Republic of El Salvador is responsible for compliance with all requirements of the ESCP even when implementation of specific measures and actions is conducted by the Ministry, agency or unit referenced in 1. above. 5. Implementation of the material measures and actions set out in this ESCP will be monitored and reported to the Bank by the Republic of El Salvador as required by the ESCP and the conditions of the legal agreement, and the Bank will monitor and assess progress and completion of the material measures and actions throughout implementation of the Project. 6. As agreed by the Bank and the Republic of El Salvador, this ESCP may be revised from time to time during Project implementation, to reflect adaptive management of Project changes and unforeseen circumstances or in response to assessment of Project performance conducted under the ESCP itself. In such circumstances, the Republic of El Salvador, through the minister in charge of MINEDUCYT, will agree to the changes with the Bank and will update the ESCP to reflect such changes. Agreement on changes to the ESCP will be documented through the exchange of letters signed between the Bank and the minister in charge of MINEDUCYT. MINEDUCYT will promptly disclose the updated ESCP. 7. Where Project changes, unforeseen circumstances, or Project performance result in changes to the risks and impacts during Project implementation, the Republic of El Salvador shall provide additional funds, if needed, to implement actions and measures to address such risks and impacts. 8. The Republic of El Salvador, through MINEDUCYT, is considering engaging the United Office for Project Services (UNOPS) to support MINEDUCYT in the implementation of Part 3 of the Project. This ESCP contains specific actions that are conditional upon UNOPS engagement in the Project. These are actions C and 1.2 in the table section below. The ESCP also contains actions which UNOPS, if engaged, may carry out together with MINEDUCYT, as indicated in the column of responsible entity/authority in the table 2 | Page WORLD BANK ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) below. Regardless of UNOPS engagement to provide support of Part 3, MINEDUCYT will remain responsible to ensure the implementation of such actions. 3 | Page WORLD BANK: ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY/AUTHORITY MONITORING AND REPORTING A REGULAR REPORTING Submit to the Bank bi-annual monitoring MINEDUCYT Prepare and submit to the Bank regular monitoring reports on the reports during Project implementation. environmental, social, health and safety (ESHS) performance of the The first report must be presented 6 Project, including but not limited to the implementation of the ESCP, months after the Project´s Effective Date. status of preparation and implementation of E&S documents required under the ESCP, stakeholder engagement activities and the functioning of the grievance mechanism(s). The Project Operations Manual (POM) shall contain an annex of the minimum content and format of the reports, also indicating frequency and procedures B INCIDENTS AND ACCIDENTS Notify the Bank of any incident or accident MINEDUCYT Promptly notify the Bank of any incident or accident related to the within 48 hours after becoming aware of Project which has, or is likely to have, a significant adverse effect on the the incident or accident, followed by a environment, the affected communities, the public or workers detailed report on the incident within the including, inter alia, any accidents that result in death, serious or timeframe established by the Bank multiple injury. Provide enough detail regarding the incident or following the initial notification. accident, indicating immediate measures taken or that are planned to be taken to address it, and any information provided by UNOPS (if applicable), any contractor and supervising entity, as appropriate. Subsequently, as per the Bank’s request, prepare a report on the incident or accident and propose any measures to prevent its recurrence. The Operations Manual shall set out the process to notify incidents or accidents including the content format of the detailed reports. C UNOPS MONTHLY REPORTS Monthly reports throughout Project MINEDUCYT MINEDUCYT will require UNOPS to provide monthly monitoring reports implementation. on the environmental, social, health and safety aspects to MINEDUCYT. Such monthly reports shall be submitted by MINEDUCYT to the Bank. D CONTRACTORS MONTHLY REPORTS Monthly reports throughout Project MINEDUCYT MINEDUCYT will require contractors, including supervising entities and implementation. consultants, to provide monthly monitoring reports on environmental, social, health and safety aspects to MINEDUCYT. Such monthly reports shall be submitted by MINEDUCYT to the Bank. 4 | Page WORLD BANK: ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY/AUTHORITY ESS 1: ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS 1.1 ORGANIZATIONAL STRUCTURE OF PIU The environmental and social coordinator MINEDUCYT THE MINEDUCYT will establish and maintain a Project Implementing shall be hired upon the establishment of Unit (PIU) with qualified and experienced staff and resources to support the PIU, as required under Section I.A. of the management of E&S risks including health and safety risks of the Schedule 2 to the legal agreement. Project. This will include, at a minimum: one environmental and social coordinator, one environmental specialist and one general social One environmental specialist and one specialist. general social specialist will be hired within 90 days of the Project Effective Date. An The E&S staff shall have skills and experience acceptable to the Bank. additional social specialist with the expertise indicated in this action will be hired in the same timeframe in case UNOPS is not selected to provide support for the Part 3 of the Project. The PIU will be fully staffed and functioning throughout Project implementation. 1.2 ORGANIZATIONAL STRUCTURE OF UNOPS UNOPS environmental and social staff (at MINEDUCYT THE MINEDUCYT will require UNOPS to establish and maintain an least one environmental specialist and one UNOPS organizational structure with qualified and experienced staff and general social specialist and an additional resources to support management of E&S risks including health and social specialist with the expertise safety risks of the Project. This will include, at minimum: one indicated in this action), will be hired environmental specialist, one general social specialist, and one social within 60 days of the Project Effective specialist with experience in social management within crime and Date. violence contexts, as well as sufficient field-level E&S staff to ensure compliance at the subproject level. Design and supervision consulting The organizational structure will be fully teams will also include appropriate E&S expertise to carry out staffed and functioning throughout Project subproject screening, assessment, management planning, reflecting implementation. mitigation measures into bidding documents, and supervising their implementation during construction. 5 | Page WORLD BANK: ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY/AUTHORITY 1.3 ENVIRONMENTAL AND SOCIAL ASSESSMENT AND FRAMEWORK The preparation and disclosure of a revised MINEDUCYT Finalize the draft Environmental and Social Management Framework ESMF/ESA, acceptable to the Bank, will be (ESMF) including the Environmental and Social Assessment (ESA) for the an Additional Condition of Effectiveness. Project, in a manner acceptable to the Bank. The revised ESMF shall set out the ESHS requirements for subprojects, including, inter alia, the The ESMF/ESA shall be implemented following general plans: throughout Project implementation. • Waste Management Plan (construction), including measures for handling and dispose of asbestos and other hazardous materials which may be removed during demolition / remodeling of existing facilities • Plan for Sourcing and Transportation of Construction Materials • Traffic Management Plan (construction) • Community Security Health and Safety Plan (construction) • Security Personnel management plan • Occupational Health and Safety Measures • Standard code of conduct for project workers • Chance find screening procedures and protocols • Emergency Preparedness and Response Plan (construction and operation phase) • Waste Management Plan for Operation (operation phase) (including e-waste as well as non-hazardous waste) • Manual for land tenure legalization • Follow-up and Monitoring Plan • Pruning, re-vegetation, and arborization plan • Other environmental, social, heal, and labor safety specifications (ESHSS) consistent with ESMF of the Project and the Environmental, Health, and Safety Guide (EHSG) of the World Bank Once approved, Project activities shall be carried out in accordance with the ESMF and the ESA, in a manner acceptable to the Bank. 1.4 TORs FOR EDUCATIONAL CENTER PROTOTYPES: The school prototypes The terms of reference for the MINEDUCYT to be developed by technical assistance under the Project will be carried development of the school prototypes will out in accordance with terms of reference acceptable to the Bank, and be reviewed and approved by the Bank will duly incorporate the requirements of the Bank´s Environmental and prior to their finalization as required Social Standards (ESS). throughout Project implementation. 6 | Page WORLD BANK: ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY/AUTHORITY 1.5 MANAGEMENT TOOLS AND INSTRUMENTS Before finalization of the TORs for the sub- MINEDUCYT The sub-project Specifications (Carpeta Tecnica) under the Project shall project Specifications (Carpetas Tecnicas). be carried out in accordance with terms of reference, acceptable to the Bank, and will duly incorporate the requirements of subproject ESMPs, RPF, the ESMF and the Bank´s Environmental and Social Standards, as relevant to the specific sub-project. 1.6 ENVIRONMENTAL AND SOCIAL MANAGEMENT PLANS The ESMPs will be prepared prior to the MINEDUCYT Perform screening of any proposed subproject and other Project start of bidding process for the activities in accordance with the ESMF prepared for the Project. corresponding civil works. UNOPS Thereafter prepare and include in bidding and other relevant contractual documents, the requirements of the Environmental and A sample of the ESMPs of the sub-projects, Social Management Plans (ESMPs) for such subprojects and activities, under a criterion to be defined by the including for minor works, and ensure their implementation, in a Bank, shall be reviewed and approved by manner acceptable to the Bank. the Bank before the start of bidding processes. ESMPs will be implemented during the execution of said works. The ESMPs will be included in the respective bidding documents and subsequent civil works contracts. 7 | Page WORLD BANK: ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY/AUTHORITY 1.7 MANAGEMENT OF CONTRACTORS Before the launching of the MINEDUCYT Ensure that contractors, including supervising entities and consultants, bidding/procurement process for the have the necessary capacity to comply with the relevant aspects of the Project activities for which contractors, UNOPS ESCP, including, inter alia, the requirements of the ESMF, the ESMPs and including supervising entities and the Labor Management Procedures (LMP). This includes: consultants are hired, and subsequently, ensure compliance with the respective 1. Ensuring that the bidding documents and contracts include, inter alia, contracts throughout Project the technical specifications necessary for the proper handling of ESHS implementation. aspects contained in the ESMF, ESMPs, LMP and other specific socio- environmental instruments, measures and requirements as applicable to the respective Project activities, including, inter alia, the preparation and implementation of a contractor’s ESMP (C-ESMP), as appropriate; 2. Ensuring that contractors, including supervising entities and consultants, have the personnel, capacity, and budget required to comply with the technical specifications related to ESHS aspects in their contracts. 1.8 CONTINGENT EMERGENCY RESPONSE Prior to the start of emergency response MINEDUCYT In the event of an emergency leading to activation of the Contingent activities. The request to activate this part Emergency Response of the Project under Part 5 of the Project, the shall come from the necessary instruments and measures will be developed as required implementer with prior No Objection from prior to undertaking of the emergency response activities, to ensure the Bank. compliance with the ESSs. ESS 2: LABOR AND WORKING CONDITIONS 2.1 LABOR MANAGEMENT PROCEDURES The revised version of the LMP acceptable MINEDUCYT Develop and implement Labor Management Procedures (LMP), in a to the Bank will be an Additional Condition manner acceptable to the Bank. of Effectiveness. The LMP will be implemented throughout Project implementation. 8 | Page WORLD BANK: ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY/AUTHORITY 2.2 GRIEVANCE MECHANISM FOR PROJECT WORKERS Grievance mechanism acceptable to the MINEDUCYT Establish, maintain, and operate a grievance mechanism for Project Bank operational within 60 days of Project workers, as described in the LMP and in a manner consistent with ESS2. Effective Date and maintained throughout Project implementation. 2.3 OCCUPATIONAL HEALTH AND SAFETY (OHS) MEASURES Same timeframe as for the implementation MINEDUCYT Develop and implement occupational, health and safety (OHS) measures, of the ESMPs, under action 1.6 of this ESCP. including measures on emergency preparedness and response, as part of UNOPS the development and implementation of the ESMPs, in accordance with the guidelines contained in the ESMF. ESS 3: RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT 3.1 MANAGEMENT OF WASTE AND HAZARDOUS MATERIALS: Same timeframes as for the development MINEDUCYT Waste management measures will be developed and thereafter and implementation of the ESMPs, implemented, which will include training developed for contractors to according to action 1.6 of this ESCP. UNOPS highlight how to manage waste produced as a result of rehabilitation and/or construction of schools. These measures will be part of the ESMPs to be prepared in accordance with the ESMF. 3.2 RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND Same timeframes as for the development MINEDUCYT MANAGEMENT: and implementation of the ESMPs, Resource (including energy and water) efficiency and pollution according to action 1.6 of this ESCP. UNOPS prevention and management measures will be covered under the ESMPs to be prepared under action 1.6 of this ESCP. Terms of Reference for the design of School Prototypes shall include technically and financially feasible energy and water efficiency as well as climate resilience measures (including efficient lighting and cooling, rainwater collection and storage integrated into building designs where seasonal water scarcity is an issue, as well as the sustainable use of water and construction raw materials). Provision shall also be made for adequate sanitation facilities to be installed, including in temporary facilities. Asbestos and lead handling and disposal measures will be developed and implemented when required. These measures will be part of the ESMPs to be prepared in accordance with the ESMF for sub-projects. ESS 4: COMMUNITY HEALTH AND SAFETY 9 | Page WORLD BANK: ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 4.1 TRAFFIC AND ROAD SAFETY: Same timeframes as for the development MINEDUCYT Adopt and implement measures and actions to assess and manage and implementation of the ESMPs, traffic and road safety risks as required in the ESMPs to be developed in according to action 1.6. UNOPS accordance with the guidelines contained in the ESMF. 4.2 COMMUNITY HEALTH AND SAFETY: Same timeframes as for the development MINEDUCYT Prepare, adopt, and implement measures and actions to assess and and implementation of the ESMPs, manage specific risks and impacts to the community arising from Project according to action 1.6 above. UNOPS activities including in relation to behavior of Project workers and any risks of labor influx. Include these measures in the ESMPs to be prepared in accordance with the ESMF, in a manner acceptable to the Bank. Site-specific Emergency Response and Preparedness Plans, which will include general emergency response and preparedness planning and training procedures, as well as operations-phase facility maintenance requirements will be developed. These plans will be part of the ESMPs to be prepared in accordance with the ESMF. 4.3 SECURITY PERSONNEL: Same timeframes as for the development MINEDUCYT Develop and implement measures and actions to assess and manage and implementation of the ESMPs, the risks to safety and security of project-affected communities and according to action 1.6. UNOPS Project workers that could arise from the use of security personnel. These measures and actions will be part of the ESMPs to be prepared in accordance with the ESMF. ESS 5: LAND ACQUISITION, RESTRICTIONS ON LAND USE AND INVOLUNTARY RESETTLEMENT 5.1 RESETTLEMENT POLICY FRAMEWORK: The preparation and disclosure of the MINEDUCYT Update, adopt and implement the Resettlement Policy Framework (RPF) revised RPF, acceptable to the Bank, will be consistent with ESS5 and acceptable to the Bank. an Additional Condition of Effectiveness. The RPF will be implemented throughout the development of the Project. 5.2 RESETTLEMENT ACTION PLAN: The corresponding RAP will be presented MINEDUCYT Prepare, adopt, and implement Resettlement Action Plans (RAPs) for Bank´s approval and thereafter UNOPS consistent with the requirements of the Resettlement Policy Framework implemented, in a manner acceptable to (RPF) and ESS5, in a manner acceptable to the Bank. the Bank, prior to carrying out any displacement, including the provision of the respective compensation and/or assistance to affected people. 10 | Page WORLD BANK: ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 5.3 TEMPORARY RELOCATION PROTOCOL: Same timeframe than action 5.1 of this MINEDUCYT Prepare a protocol consistent with the ESSs for the temporary ESCP. The protocol shall inform on the relocation of schools under construction and include it as an annex to terms of reference for project the RPF, in a manner acceptable to the Bank. specifications (Carpetas Tecnicas) 5.4 LAND DONATION/LAND USE ARRANGEMENTS: Before the carrying out of any works in MINEDUCYT Any agreement between MINEDUCYT and an indigenous community - indigenous communities (and documented for the use of land, where the preschools classrooms will be in the respective ESMP and IPP). rehabilitated under the Project, would only be accepted if provided on a voluntary basis, as set out in the ESMF, RPF and the IPPF, in accordance with the requirements of ESS5 and ESS7, and subject to the prior approval of the Bank. The agreements reached will be recorded in the respective ESMPs and the Indigenous Peoples Plans (IPPs) prepared for works under the Project where land will be used. 5.5 VOLUNTARY LAND DONATION PROTOCOL: Same timeframe than action 5.1 of this MINEDUCYT Prepare a voluntary land donation protocol consistent with the ESSs for ESCP.. Thereafter it will be disclosed voluntary land donation under the Project, including specific provisions before finalization of the TORS for project for land donation of indigenous peoples and include it as an annex to specifications (Carpetas Técnicas) and to the RPF, in a manner acceptable to the Bank. inform the agreement with the Land Legalization Institute (Instituto de Legalización de Tierras). ESS 6: BIODIVERSITY CONSERVATION AND SUSTAINABLE MANAGEMENT OF LIVING NATURAL RESOURCES 6.1 BIODIVERSITY RISKS AND IMPACTS: Same timeframe as for the implementation MINEDUCYT Develop and implement measures and actions to avoid, minimize, or of the ESMPs, under action 1.6 of this mitigate potential impacts that may have significant negative impact on document. UNOPS biodiversity and on the sustainable management of living natural resources. These measures and actions will be part of the ESMPs to be prepared in accordance with the ESMF. Robust project screening processes will be in place to prevent siting of facilities in or near natural or critical habitats, protected and/or internationally recognized areas and to ensure that any residual impacts will be addressed through site-specific mitigation measures for the sub- projects site. ESS 7: INDIGENOUS PEOPLES/SUB-SAHARAN AFRICAN HISTORICALLY UNDERSERVED TRADITIONAL LOCAL COMMUNITIES 11 | Page WORLD BANK: ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 7.1 INDIGENOUS PEOPLES FRAMEWORK: The preparation and disclosure of the MINEDUCYT Update, adopt and implement the Indigenous Peoples Planning revised IPPF, acceptable to the Bank, shall Framework (IPPF) consistent with ESS7 and acceptable to the Bank. be an Additional Condition of Effectiveness. The IPPF will be implemented throughout Project implementation. 7.2 INDIGENOUS PEOPLES PLANS Respective IPP presented for the Bank´s MINEDUCYT Prepare, adopt and implement Indigenous Peoples Plans (IPP) approval before the carrying out of consistent with Indigenous Peoples Planning Framework requirements activities for which an IPP is required. UNOPS (IPPF). Once approved, implement the IPP throughout Project implementation. 7.3 GRIEVANCE MECHANISM (GM): Integrated in IPPs and prepared according MINEDUCYT Adopt and implement arrangements for the grievance mechanism for to action 7.1 herein. The grievance indigenous peoples, as required under the IPPF and further describe mechanism will be operated throughout such arrangements in the respective IPPs. This will be an adaptation of Project implementation. the Grievance Mechanism described in the SEP, to address the specificity of indigenous communities. ESS 8: CULTURAL HERITAGE 8.1 CHANCE FINDS: Same timeframes as for the development MINEDUCYT Prepare, adopt, and implement a chance finds procedure as part and implementation of the ESMPs, of the ESMPs to be prepared in accordance with the ESMF. according to action 1.6. UNOPS ESS 9: FINANCIAL INTERMEDIARIES ESS9 is currently not relevant. ESS 10: STAKEHOLDER ENGAGEMENT AND INFORMATION DISCLOSURE 10.1 STAKEHOLDER ENGAGEMENT PLAN PREPARATION AND The preparation and disclosure of a revised MINEDUCYT IMPLEMENTATION: SEP, acceptable to the Bank, shall be an Update, adopt and implement a Stakeholder Engagement Plan (SEP). Additional Condition of Effectiveness SEP will be implemented throughout the Project. 10.2 PROJECT GRIEVANCE MECHANISM: Same timeframe as for the implementation MINEDUCYT Establish, adopt, maintain and operate a grievance mechanism (GRM), of the SEP under activity 10.1 herein. as described in the SEP. The grievance mechanism will operate during the entire Project implementation. 12 | Page WORLD BANK: ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 10.3 PROJECT GRIEVANCE MECHANISM: Submit to the Bank quarterly monitoring MINEDUCYT Provide quarterly reports to the Bank on the functioning of the GRM. reports throughout Project implementation. The first report must be presented 3 months after the Project´s Effective Date. CAPACITY SUPPORT (TRAINING) CS1 Ensure that training of Project Workers (mainly at the level of civil Training for direct Project workers will be MINEDUCYT works/construction of schools) is implemented on: conducted prior to the start of the works • Occupational health and safety including emergency prevention and for each sub-project. Training will preparedness and response arrangements to emergency situations. thereafter continue throughout Project UNOPS • Awareness of environmental, social, health, and community security implementation. risks and mitigation of impacts on local communities. • Worker code of conduct CS2 Ensure training of PIU staff is implemented on the Environmental and Training of Project’s personnel will be MINEDUCYT Social instruments (ESMF, SEP, LMP, IPPF, RPF), the requirements of the carried out within 90 days of action 1.1 in ESCP and on the supervision of project environmental and social this document and will continue standards and requirements. throughout the Project’s implementation. 13 | Page