SOLOMON ISLAND ROADS AND AVIATION PROJECT Malaita Road Infrastructure Upgrades Environmental and Social Management Framework Version D, February 2019 Prepared By: Pacific Aviation Investment Program (PAIP) Technical and Fiduciary Services Unit (TFSU) Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Quality Information Document Solomon Islands Roads and Aviation Project, Malaita Road Infrastructure Upgrades, Environmental and Social Management Framework (ESMF) Date 4 February 2019 Prepared by Kate Walker & Malakai Kaufusi, Safeguard Specialists, TFSU Revision History Submitted Revision Revision Date Details Name/Position A 16 Nov 2018 First Draft for Review Kate Walker / TFSU Safeguard Specialist B 21 Nov 218 Amended to incorporate comments Kate Walker / TFSU Safeguard Specialist C 18 Dec 2018 Amended to incorporate RSS comments Kate Walker / TFSU Safeguards Specialist D 4 Feb 2019 Amended to incorporate Resettlement Malakai Kaufusi, TFSU Safeguards Specialist Policy Framework (RPF) Version D – February 2019 1 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Contents 1 Introduction .................................................................................................................................... 8 2 Project Description.......................................................................................................................... 9 Background ............................................................................................................................. 9 Overview of Proposed Works ................................................................................................. 9 3 ESMF Objective and Methodology ............................................................................................... 11 Objective ............................................................................................................................... 12 Methodology ......................................................................................................................... 12 4 Policy, Legal and Administrative Framework ................................................................................ 14 National Requirements ......................................................................................................... 14 4.1.1 The Environment Act and Regulations.......................................................................... 14 4.1.2 Lands and Titles Act ...................................................................................................... 15 4.1.3 Other Acts ..................................................................................................................... 15 Regional Governance ............................................................................................................ 18 National Safeguard Systems ................................................................................................. 19 World Bank Policy ................................................................................................................. 19 5 Environmental and Social Baseline ............................................................................................... 25 Physical Environment ............................................................................................................ 25 5.1.1 Location and Geography ............................................................................................... 25 5.1.2 Climate .......................................................................................................................... 25 5.1.3 Water Resources ........................................................................................................... 26 Biological Environment ......................................................................................................... 27 5.2.1 Flora .............................................................................................................................. 27 5.2.2 Fauna ............................................................................................................................. 27 5.2.3 Rare or Endangered Species ......................................................................................... 27 Socio-Economic Conditions ................................................................................................... 28 5.3.1 Population and Demographics ...................................................................................... 28 5.3.2 Education and Health .................................................................................................... 29 5.3.3 Gender Based Violence, Human Trafficking, and Sexual Exploitation and Abuse ........ 30 5.3.4 Livelihoods and Economic Activity ................................................................................ 30 5.3.5 Land Tenure, Access and Aquisition ............................................................................. 31 5.3.6 Solid Waste Management ............................................................................................. 33 Projected Climate Change and Impacts ................................................................................ 34 6 Identified Project Risks and Impacts ............................................................................................. 36 Environmental Impacts ......................................................................................................... 36 6.1.1 Solid Waste Generation ................................................................................................ 36 Version D – February 2019 2 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades 6.1.2 Water Resources ........................................................................................................... 36 6.1.3 Hazardous Substances and Materials ........................................................................... 36 6.1.4 Noise and Vibration ...................................................................................................... 37 6.1.5 Erosion and Sediment Control ...................................................................................... 37 6.1.6 Dust and Air Pollution ................................................................................................... 37 6.1.7 Traffic ............................................................................................................................ 37 6.1.8 Wastewater Discharges ................................................................................................ 38 6.1.9 Local Aggregate Supply ................................................................................................. 38 6.1.10 Biosecurity..................................................................................................................... 39 6.1.11 Secondary and Cumulative Impacts .............................................................................. 39 Social Impacts ....................................................................................................................... 40 6.2.1 Land and Resource Use ................................................................................................. 40 6.2.2 Pedestrian Safety .......................................................................................................... 40 6.2.3 HIV/AIDS, Gender Based Violence, Human Trafficking and Sexual Exploitation and Abuse 41 6.2.4 Community Health and Safety ...................................................................................... 43 6.2.5 Economic Activity .......................................................................................................... 44 Key Project Implementation Risks ........................................................................................ 45 6.3.1 Public Road Declaration ................................................................................................ 45 6.3.2 Road Reserve Encroachment ........................................................................................ 46 6.3.3 Aggregate Sourcing ....................................................................................................... 46 6.3.4 Climate .......................................................................................................................... 47 6.3.5 Community Consultation .............................................................................................. 47 Initial Screening Sensitive Receptors .................................................................................... 47 6.4.1 Screening Legend Explanation ...................................................................................... 50 7 Guidelines for ESMF Implementation ........................................................................................... 59 Introduction .......................................................................................................................... 59 Screening Phase .................................................................................................................... 59 7.2.1 Environmental Screening .............................................................................................. 59 7.2.2 Social Safeguards Screening.......................................................................................... 60 Preparation of ESMP Scope Requirements ........................................................................... 60 Review and Approval of Safeguard Documents ................................................................... 61 Implementation, Supervision and Monitoring Roles and Responsibilities ........................... 62 ESMF Reporting..................................................................................................................... 64 8 Consultation and Disclosure ......................................................................................................... 66 ESMF Public Consultations to Date ....................................................................................... 66 Version D – February 2019 3 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Subproject Specific Consultations and Stakeholder Engagement ........................................ 69 8.2.1 Stakeholder Identification............................................................................................. 69 8.2.2 Stakeholder Groups ...................................................................................................... 69 8.2.3 Stakeholder Engagement and Consultation Program (SECP) ....................................... 73 8.2.4 Key Messages ................................................................................................................ 73 8.2.5 Implementation Plan..................................................................................................... 73 8.2.6 Resources and Responsibilities ..................................................................................... 75 Grievance Redress Mechanism ............................................................................................. 75 9 Institutional Capacity .................................................................................................................... 78 Project Support Team ........................................................................................................... 78 Environment and Conversation Department........................................................................ 78 Civil Works ............................................................................................................................ 78 Capacity Building ................................................................................................................... 78 10 ESMF Implementation Budget .................................................................................................. 80 Appendix A: SIRAP Roads Map.............................................................................................................. 81 Appendix B: Malaita Quarry Maps ........................................................................................................ 83 Appendix C: Environmental and Social Screening Maps....................................................................... 85 Appendix D: General Mitigation Measures........................................................................................... 97 Appendix E: General Monitoring Plan................................................................................................. 123 Appendix F: Example CESMP Monitoring Checklist ............................................................................ 129 Appendix G: Implementation Plan Guidelines .................................................................................... 135 Appendix H: SIRAP GBV Code of Conduct and Action Plan ................................................................ 160 Appendix I: Safeguard Supervision for the SIRAP Malaita road works ............................................... 185 Appendix J: Outline of Land Acquisition and Resettlement Framework (LARF) .................................. 190 Appendix K: MID Proposed Modified Land Acquisition Process .......................................................... 235 Appendix L: UXO Response Plan ......................................................................................................... 236 Appendix M: October 2018 Consultation Minutes ............................................................................. 241 Version D – February 2019 4 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades GLOSSARY AND ABBREVIATIONS ADB Asian Development Bank AGO Attorney Generals Office AP Affected Person/People BML Building Materials License CAC Community Advisory Committee CESMP Contractors Environmental and Social Management Plan CLO Community Liaison Officer CoC Codes of Conduct COL Commissioner of Lands CPIU Central Project Implementation Unit CSO Civil Society Organisation CSS Country Safeguard Systems DBST Double Bituminous Surface Treatment DC Development Consent DPO Disabled Persons Organisation EA Executing Agency ECD Environmental and Conservation Department EIS Environmental Impact Statement ESHS Environmental, Social, Health and Safety ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plan ESS Environmental and Social Safeguards FSC Family Support Centre GBV Gender Based Violence GCLS Grievance Complaints and Logging System GCT GBV Compliance Team GRM Grievance Redress Mechanism HCC Honiara City Council HIR Honiara International Airport HIV/AIDS Human Immunodeficiency Virus/ Acquired Immune Deficiency Syndrome HT Human Trafficking IA Implementing Agency IFC International Finance Corporation IOL Inventory of Losses Version D – February 2019 5 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades IUCN International Union for Conservation of Nature LAeq Equivalent Continuous Level LAR Land Acquisition and Resettlement LARP Land Acquisition and Resettlement Plan LBES Labour Based Equipment Support LTA Lands and Titles Act MCA Ministry of Communication and Aviation MECDM Ministry of Environment, Climate Change, Disaster Management and Meteorology MFAT Ministry of Foreign Affairs and Trade MID Ministry of Infrastructure Development MLHS Ministry of Lands, Housing and Survey MOA Memorandum of Agreement MOU Memorandum of Understanding MRIMP Malaita Roads Improvement and Maintenance Program MTTAP Medium Term Transport Action Plan MUA Munda Airport NDS National Development Strategy NGO Non-government organisations NSS National Safeguard Specialist NTF National Transport Fund OHS Occupational Health and Safety OP Operational Policy PAIP Pacific Aviation Investment Program PCCSP Pacific Climate Change Science Program PER Public Environmental Report PESMP Project Environmental and Social Management Plan PIB Public Information Bulletin PMU Project Management Unit PPE Personal protective equipment PS Permanent Secretary PSC Project Steering Committee PST Project Support Team PWD Public Works Department QuMP Quarry Management Plan SEA Sexual Exploitation and Abuse Version D – February 2019 6 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades SECP Stakeholder Engagement and Consultation Plan SI Solomon Islands SIG Solomon Islands Government SINWC Solomon Islands National Women Counsel SIRAP Solomon Islands Roads and Aviation Project STC Save The Children STD Sexually transmitted diseases SWMP Solid Waste Management Plan TFSU Technical and Fiduciary Services Unit TIMS Transport Infrastructure Management Services TMP Traffic Management Plan UXO Unexploded Ordinance WB World Bank WoMP Worker Management Plan Version D – February 2019 7 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades 1 Introduction The Pacific Aviation Investment Program (PAIP) is funded by the World Bank (WB), participating governments and donor partners. It has the development objective to (i) improve the safety, security, efficiency, management and environmental sustainability of airports, and (ii) improve regional harmonization of aviation safety standards. The Solomon Island Government (SIG) and the World Bank (WB) are preparing a project to improve operational safety and oversight of air transport and associated infrastructure, and strengthen the sustainability and climate resilience of the roads in the Solomon Island (SI) and as such the Solomon Islands Roads and Aviation Project (SIRAP) has been established as part of the PAIP. For the proposed World Bank support to the road sector, SIG has given priority to Malaita which is the largest province in Solomon Islands, accounting for some 27% of the national population, 26% of the country’s road network, and 43% of the country’s bridges. There is a clear need for investment in Malaita’s road network: only 4% of Malaita Province’s roads are sealed, almost exclusively located in and around Auki town, compared to 21% for Guadalcanal Province and Western Province, and 33% for the Capital Territory of Honiara. Only 23%, of the bridges are concrete or steel bridges, compared with 40% in Western and Guadalcanal provinces and 62% for the Capital Territory of Honiara. The SIRAP infrastructure investments on Malaita proposes a four year program of works as the start of the ‘Malaita Road Improvement and Maintenance Program’ (MRIMP). The objective is to put in place a successful program which could be continued with funding from the National Transport Fund (NTF) or other SIG sources. The Project will not create new roads and will not widen existing roadways, only the existing declared public road footprint on the identified network will be subject to the improvement and maintenance program. Without the Project, the coming years will see further degradation of the Malaita road network and further reduce the connectivity for the islands population. According to World Bank Operational Policy 4.01, SIRAP has been classified Category B. As the Malaita roads element of the Project will comprise a number of different, and as yet undefined, approaches to road maintenance and improvement (referred to as subprojects in this ESMF) that are known known prior to appraisal but that may result in adverse environmental and social impacts, the OP4.01 requires an Environmental and Social Management Framework (ESMF). The present document is the ESMF for the Malaita road elements of SIRAP. It was prepared by the Technical and Fiduciary Services Unit (TFSU) to the Ministry of Infrastructure Development (MID), and quality reviewed by the World Bank’s Environmental and Social Safeguards Specialists. The ESMF will be submitted for clearance/approval and will be publicly disclosed on Malaita and at the World Bank’s InfoShop prior to project appraisal. This ESMF seeks to establish a process of environmental and social screening which will allow the institutions in charge of the implementation of subprojects to identify, assess and mitigate the environmental and social impact of subproject investments. The ESMF also determines the institutional measures to be taken during the project implementation, including those related to capacity building. The ESMF is applicable to all investments under the SIRAP Malaita road works. Version D – February 2019 8 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades 2 Project Description Background The road network in Solomon Islands is made up of approximately 1,500 km of roads, of which 625 km (42%) are classified as main roads, 523 km (35%) are feeder roads, and 346 km (23%) as access roads. Three-quarters of the road network (including all the sealed roads) are located in just three provinces: Guadalcanal (including the Capital Territory of Honiara), Malaita and Western Province. Only 184 km (29%) of the main road network (comprising 12% of the overall network) is sealed. Overall, 15% of the network is in fair to good condition, comprising 56% (104 km) of the sealed network and 11% (146 km) of the unsealed network. Nearly 80% of all bridges are also located in the above-mentioned three provinces. Two-thirds of these bridges are simple log and timber bridges that require regular replacement. The National Development Strategy (NDS) 2016–2035 sets targets for the proportion of the road network in maintainable condition to be increased to 85% by 2015 and towards 90% by 2020. Historically there has been only minimal maintenance leading to poor road and bridge conditions. The government is now more focused on maintaining and improving the current road network, although this does not yet happen in a structured manner. The MID is responsible for developing and managing the road network, road transport services and road safety. Under the Roads Act they are also responsible for declaring public roads. The overall plans for the development of the road network are set out in the National Transport Plan (2017–2036) and the Medium-Term Transport Action Plan (MTTAP) (2017–2021). The Transport Infrastructure Management Services (TIMS) Department of MID is responsible for programming, design and implementation of road infrastructure maintenance and new works (including main, feeder and access roads). TIMS is responsible for implementing a program of road works set out in the MTTAP and funded through the National Transport Fund (NTF) three-year Action Plans and the Solomon Islands Government (SIG) annual Budget. A Central Project Implementation Unit (CPIU) embedded within the structure of TIMS includes international and local consultants who provide management and technical support for these activities. Over half the road network in Malaita is formed by the 230 km of main roads (North, East and South Road) that connect 19 of the 33 wards and provide access to 70% of the province’s population. The importance of the three main roads on Malaita is reflected in the National Transport Plan (NTP 2017– 2036) and the Medium-Term Transport Action Plan (MTTAP 2017–2021). While ADB and DFAT have in the past assisted with the improvement of road and bridge infrastructure in Malaita, both the sealed and unsealed roads are not adequately maintained, and only half the network is considered maintainable. This is having a dramatic impact on residents as public transport is predominantly in the back of open trucks that are better able to cope with the poor road conditions than vans or buses. Speeds are low, and connectivity is often lost. Overview of Proposed Works Assessments of the main road network carried out in May 2018 by the World Bank team identified a set of priority interventions aimed at improving the condition and climate resilience of the network and ensuring its sustainability. This includes 17km of resealing existing sealed sections, the new sealing of 42km of the heavily trafficked Dala-Auki-Bina corridor and 26km of steep sections in various locations, 1km of riverbed protection and 2km of coastal protection, and 500m of bridge replacements. The assessment estimated that approximately US$60 million would be required to address these issues in the main road network, including 5 years of maintenance. SIRAP will address a subset of these priorities. Version D – February 2019 9 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Until recently, most road maintenance in the Solomon Islands has been carried out by small Labour Based Equipment Supported (LBES) contracts (local businesses or community groups). This has resulted in a heavy burden of the many small contracts while performance has been lacking. As a result, the approach was recently halted pending a review. The SIRAP project aims to try and introduce a different approach to road maintenance, based on multi- year contracts with machine-based contractors, and applying hybrid performance based payments for some of the activities. All civil works will consider the need to provide climate resilient infrastructure solutions that are fit-for-purpose and have appropriate road safety enhancements. The following table outlines the various approaches that are generally proposed along the length of the identified network. The works identified below will only be undertaken on roads which are confirmed as having been declared and gazetted as public roads under the Roads Act. Location Investment Description Auki and north of Reseal the existing 17 The existing sealed roads in Malaita are past the end of their Bina km of paved roads service life, and are failing. This activity will patch existing roads, provide a reseal, and also improve roadside drainage. Dala-Auki Bridge upgrading There are two log bridges and one steel truss bridge which are in urgent need for replacement. The project will replace them, potentially trialing modular bridges and geosynthetic reinforced soil abutments as these technologies have not been used in the Solomon Islands and offer many potential advantages, especially in post disaster situations. Malaita Main Road Grading and There are approximately 200 km of gravel roads on Malaita Network regravelling and they receive sporadic maintenance, which often sees them impassible during the rainy season. An impediment has been the lack of long-term commitment to contractors. The project will have two contracts to provide regular grading and re-gravelling to meet an appropriate performance level for a period of four years. Malaita Main Road Routine Routine maintenance includes clearing drainage ditches, Network maintenance culverts, bridges, the road reserve (i.e. vegetation control), small landslides (up to 10 m3), repairing the road shoulder, sealing cracks, joints, repairing potholes, removing loose materials from slopes, and repairing retaining walls. The project will include hybrid performance based routine maintenance contracts with the gravel road maintenance contracts (i.e. four years of routine maintenance). The routine maintenance contracts will also cover paved roads as well so that the entire main network is receiving routine maintenance. The contractors will be required to use at least 50% women for the work Selected Main Road Spot improvements At selected locations the project will make spot Network Locations for climate improvements to improve climate resiliency—for example adaptation paving on steep slopes; putting in hard drainage; repairing coastal protection, river training, etc. Main Road Network Road Safety The project will undertake a road safety audit to identify areas where improvements in road safety could be made and then finance as many improvements as possible within the budget limitations. Figure 1 below demonstrates these general approaches on the Malaita road network map. A larger version of this map can be found in Appendix A. Version D – February 2019 10 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Figure 1: Overview of identified road maintenance and upgrade activities. 3 ESMF Objective and Methodology As this project will comprise engineering design solutions for large sections of the identified road network that will not be defined before appraisal but that may result in adverse environmental and/or social impacts, the O.P. 4.01 requires an Environmental and Social Management Framework (ESMF). Version D – February 2019 11 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades The present document is the ESMF for SIRAP and seeks to establish a process of environmental and social screening which will allow the institutions in charge of the implementation of the subprojects to identify, assess and mitigate the environmental and social impacts of subproject investments. The ESMF also determines the institutional measures to be taken during the project implementation, including those relating to capacity building. The ESMF is an integral part of the Malaita works and applicable to all road upgrade investments under SIRAP. Objective According to the World Bank Operational Policy OP 4.01, SIRAP is classified as Category B. At this stage, there are still unknown design engineering approaches to large sections of the identified road network that will not be defined before appraisal but that may result in adverse environmental and/or social impacts. It is, therefore, not possible to assess in detail what the environmental and social consequences will be. In order to comply with the World Bank OP4.01, an Environmental Assessment and Environmental and Social Management Framework (ESMF) is required. The ESMF is “an instrument that examines the issues and impacts associated when a project consists of a program and/or series of sub-projects, and the impacts cannot be determined until the program or sub-project details have been identified. The ESMF sets out the principles, rules, guidelines and procedures to assess the environmental and social impacts. 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”. This ESMF is expected to ensure that environmental and social management is integrated into the development and operation of investments to be financed under the Malaita SIRAP to ensure effective mitigation of potentially adverse impacts while enhancing accruing benefits. The ESMF has as main objectives to:  Establish procedures for screening all proposed design solutions for their potential adverse environmental and social impacts;  Specify measures for managing, mitigating and monitoring environmental and social impacts during project operation;  Outline roles and responsibilities, training and capacity-building arrangements needed to implement the ESMF provisions;  Provides the procedures for the community and stakeholders are to be engaged and the mechanisms for ongoing consultation and communication. Methodology The development of the SIRAP Malaita ESMF comprise of the following four steps:  Documentation review  Field visits  Consultations with stakeholders and communities  Preparation of ESMF Documentation review: As well as the relevant national legislation and World Bank Safeguard Policies, several documents related to SIRAP, other World Bank Solomon Islands projects the Solomon Islands Country Safeguard Systems were reviewed, namely: Version D – February 2019 12 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades  SIRAP Aide Memoires  SIRAP Integrated Safeguards Datasheet  SIRAP Project Appraisal Document  SIRAP Malaita Bridge Assessment Report  Solomon Island Rapid Employment Project ESMG  Ministry of Infrastructure Development Safeguard Procedures Manual Additionally, a number of reports and research papers on the natural and social environment of Malaita were also referenced. Field Visits: As the geographic extent of the SIRAP targeted road network on Malaita is known, several field visits were undertaken to the island encompassing all selected roads. Technical, environmental and social screening of the road network has been carried out during these field visits. Consultations: During the ESMF preparation a program of community consultations was undertaken on Malaita. Additionally, several meetings were held with representatives of government institutions as well as with NGOs already working on Malaita. These sessions were held in order to identify concerns and expectations and to establish the level of community support for the project. Preparation of ESMF: Preparation of the ESMF included the following stages:  Collation of baseline data on the environmental and social conditions of Malaita, specifically along the target road network.  Identification of positive and negative environmental and social impacts of the works .  Identification of environmental and social mitigation measures.  Preparation of screening procedures for SIRAP Malaita ESMPs.  Formulation of environmental and social monitoring procedures.  Preparation of a capacity building program and budget for ESMF implementation. Version D – February 2019 13 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades 4 Policy, Legal and Administrative Framework National Requirements The SIG has a well-established regulatory framework that provides measures to protect and preserve the environment. Legislation concerning the protection and preservation of the environment is found in a number of acts and is the responsibility of a number of different ministries according to their focuses, they are detailed below: 4.1.1 The Environment Act and Regulations The Environment Act 1998 (the Act) and Environment Regulations 2008 (the Regulations) make provision for the conservation and protection of the environment. The Act provides for an integrated system of development control, environmental assessment and pollution control including; prevention, control and monitoring of pollution including regulating discharge of pollutants to air, water or land and reducing risks to human health and prevention of degradation of the environment; Regulating the transport, collection, treatment, storage and disposal of waste and promoting recycling, re-use and recovery of materials in an economically viable manner; and Complying with, and giving effect to, regional and international conventions and obligations relating to the environment. The Second Schedule of the Act lists prescribed developments for which consent from the Environment and Conservation Division (ECD), accompanied by an environmental assessment reported as either a public environmental report (PER) or an environmental impact statement (EIS), is required. All prescribed developments require a “screening” or “scoping”, to see what form/level of environmental assessment is required. Most prescribed developments require a PER, while major projects such as logging, mining, or large scale tourism or infrastructure developments, will need a more detailed appraisal which includes technical, economic, environmental and social investigations and consultations with stakeholders, presented in an EIS. As SIRAP is a Category B project, its expected that all subprojects implemented under this ESMF will require a PER. The Regulations extend the requirements of the PER/EIS to include; (a) social impact on the surrounding communities; (b) ensuring public participation; (c) spelling out employment opportunities for Solomon Islanders; (d) a demographic impact assessment; (e) health impact assessment; (f) gender impact assessment; (g) noise impact assessment; (h) state whether any of the above would have short- or long-term harmful effects on the environment. The Director may have other requirements that will need to be fulfilled, notifying applicant of any additional requirements within 31 days after notifying the applicant. 4.1.1.1 Development Consent Application Using Form 1 (as set out in Section 17 of the Act) send a written application to the Director of ECD. This must be accompanied by a standard fee and must include all of the information requested and requiring a ruling on the type of environmental assessment that will be required (PER, EIS or waiving of the requirement). Within 30 days the Director of ECD will reply to advise of the final requirements for the assessment of the development. If an EIS is required, the Director will organize a Public Meeting allowing at least 30 days for people to access the reports, in order to discuss results of the assessments and hear objections from those that attend. For a PER, no public meeting is required. Within 14 days of the Public Meeting, or publication of a PER, the Director will issue a Development Consent, with or without conditions, or decline the application for development consent. The Director issues the Development Consent, if satisfied that all requirements will be met, using Form 5. This may be subject to additional conditions of implementation set by the Director. The Development Consent will require the deposit of an Version D – February 2019 14 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades environmental bond of a sum to be determined by the Director. The developer will bear all costs associated with mitigating any adverse environmental impacts and may also be charged for the monitoring requirements attached to the development consent. Costs incurred by ECD of monitoring a development will be paid to ECD by the applicant for an Environmental Inspector, or according to the costs charged by an external person or body. 4.1.2 Lands and Titles Act The Land and Titles Act (1988 and amended in 1996) is the legislation that consolidates the law relating to the tenure of land, registration of interests in land, and compulsory acquisition of land. Part V of the Act deals with the purchase or lease of customary land by private treaty, and compulsory acquisition of land. Acquisition of customary land is usually only undertaken for non-public works such as gold mines, oil palm plantations, or hotels. For public works requiring location on customary land, the implementing agency typically consults with the members of a line and any other person who claims an interest in the land. For public works the land is not acquired as such, it is gifted or contributed following an extensive period of consultation and agreement through signing of a Memorandum of Understanding (MOU). The MOU waives the customary interest in the land in lieu of the public infrastructure (wharves, roads, schools, clinics and other public utilities). 4.1.3 Other Acts Relevant articles from other Acts governing these proposed works are listed below. It is the responsibility of the Contractor to ensure that they are familiar with and compliant to these Acts. Mines and Minerals Act (1996) Definitions: "building materials" means clay, gravel, sand and stone used for buildings, roads or other construction purposes Definitions: "landowner" in relation to a registered interest means the person in whose name the interest is for the time being registered; and in relation to customary land, means the person or persons who is or are according to current customary usage, regarded as the owner or owners of the land; Definitions: "open cast mining" means surficial mining or quarrying of minerals exposed either at the surface or after removal of overburden; Part VIII: Building Materials, 65. -(1) Each applicant for a building materials permit shall specify in a written application to the Director- (a) his full name, address or, in the case of an application by a partnership or other association of persons, the full names, addresses and nationalities of all partners or of all such persons, or, in the case of an application by a corporate body, the registered name and address of such body and the full names and nationalities of the directors and the full name and nationality of any shareholder who is the beneficial owner of more than five per cent of the issued capital; (b) a plan of the area, which shall not exceed half a square kilometre, for which the permit is sought; (c) the proposed plan for mining the building materials; and (d) such other information as the Director may require. Version D – February 2019 15 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades (2) Each application shall be accompanied by the written consent to the issuance of the permit of the landowners in the area for which application is made, which consent may include such terms and conditions relating to surface access fees and compensation for damage as may have been agreed between the applicant and the landowners. (3) Each application shall be accompanied by payment of such application fee as shall be prescribed. River Waters Act (1964) 5. Any person who, except under and in accordance with the terms and conditions of a permit issued under this Act- (a) by means of a ditch, drain, channel, pipe or any other means whatsoever, diverts any water from a river; (b) fells any tree so that it falls into a river or river bed; (c) in any manner obstructs or interferes with a river or river bed; (d) builds any bridge, jetty or landing stage over or beside any river; (e) damages or interferes with the banks of any river; or (f) contravenes any order made under section 4 of this Act, shall be guilty of an offence and without prejudice to the provisions of section 6, shall be liable to a fine of two hundred dollars or to imprisonment for six months or to both such fine and such imprisonment: Provided that nothing in this section shall apply to the diversion of water by any person for domestic purposes. 8.-(1) The Minister or, subject to the directions of the Minister, any inspector may in writing grant permits authorising, subject to the provisions of this Act and any regulations made thereunder and to such terms and conditions as shall be therein specified, any of the acts specified in paragraphs (b), (c), (d) and (e) of section 5. Safety at Work Act Purpose: an act to provide for the health, safety and welfare of persons at work and to protect persons against risks to health or safety arising out of or in connection with the activities of persons at work; to impose specific requirements in respect of certain articles and substances that are a potential source of danger; to make minor amendments of the labour act and the workmen's compensation act; and for connected purposes. Provides detailed regulations governing duties of dangerous machinery (article 19), electrical installations (article 20), flammable substances (article 22), and training (schedule 1) Labour Act 13.-(1) Subject to any lower maximum number of hours of employment applicable to him by virtue of any regulation, rules, contract or agreement negotiated on his behalf - Version D – February 2019 16 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades (a) the normal weekly hours of any worker shall not exceed forty-five hours; (b) the normal daily hours of work of any worker in an industrial or agricultural undertaking shall not exceed nine hours; (c) a worker whose hours of work exceed six hours daily shall be given a break of at least thirty minutes arranged so that the worker does not work continuously for more than five hours; (d) hours of work and breaks from work shall be so arranged as not to require the worker's presence at the place of work for more than twelve hours daily; (e) a worker shall be given a weekly rest of at least twenty-four continuous hours, which shall, where practicable, include Sundays or other customary rest days; and (f) no worker shall be required to work on a gazetted public holiday or on more than six days in one week, unless such worker is employed in a service to which the Essential Services Act applies or in an occupation in which work on public holidays or customary rest days is expressly provided for in his contract of service. (2) The above limits on hours of work may be exceeded in those processes which by reason of their nature are required to be carried on continuously by a succession of shifts, subject to the condition that the average working hours shall not exceed nine daily and forty-five weekly over a period of three weeks; (3) Workers engaged on shift work shall be given at least twenty-four continuous hours of rest weekly notwithstanding that the incidence of shift rotas may be such that this rest period does not coincide with the normal or customary weekly rest days. (4) In order to ensure continuity of operations an employer may require workers engaged on shift work to remain on duty until relieved by the succeeding shift or until permitted to leave by the supervisor responsible: Provided that such workers shall be paid at overtime rates for any additional hours so worked. (5) The limit on hours of work specified in this section may be exceeded subject to the total hours worked (including hours of overtime) not, without the approval of the Commissioner, exceeding fifty-seven hours in any work weekly or two hundred and twenty-eight hours in any calendar month. (6) The onus of showing the necessity to extend hours of work beyond those provided for in subsections (2) and (5) shall lie on the employer in any particular case and shall be subject to approval by the Commissioner. 37.-(1) No person shall employ an immigrant or non-indigenous worker unless such worker has obtained from the Commissioner a work permit and the employment relates to the conditions of such work permit. Version D – February 2019 17 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades (2) No immigrant or non-indigenous worker whether employed or self- employed shall work in Solomon Islands without a work permit from the Commissioner which shall specify the work which such immigrant or non-indigenous worker may undertake. 39. Women shall not be employed during the night in any undertaking, except where the night work- (a) has to do with raw materials or materials in course of treatment which are subject to rapid deterioration; or … (c) is that of a responsible position of management held by a woman who is not ordinarily engaged in manual work; or … (h) is not prohibited by an international convention applying to Solomon Islands and is specifically declared by the Minister by order to be work upon which women may so be employed. 46. No child under the age of twelve years shall be employed in any capacity whatsoever 47. A person under the age of fifteen shall not be employed or work - (a) in any industrial undertaking, or in any branch thereof, except in employment approved by the Minister; or… 70.-(1) At every place of employment the employer shall provide for all workers such medical attention and treatment with medicines of good quality, first-aid equipment and appliances for the transportation of sick or injured workers as may be required by the Commissioner or a Health Officer. Regional Governance The Provincial Government Act formalised the division of the SI into provinces with the project falling within the Malaita Province. Each province has an elected Provincial Assembly representing each of the ‘wards’ in the provinces. The central government has devolved a number of responsibilities to the provincial government, however the exact delineation of authority can be unclear. Schedule 5 of the Provincial Government Act lists the provincial legislative matters (relevant to SIRAP) as: Trade and Industry Local licensing of professions, trades and businesses, Local marketing. Cultural and Environment Local crafts. Historical remains. Protection of wild creatures. Transport Coastal and lagoon shipping. Provision, maintenance and improvement of harbours, roads and bridges. Finance Raising revenue by (a) head tax; (b) property tax; (c) fees for services performed or licences issued by or on behalf of the Provincial Executive (other than services performed or licences issued by them as agent of another); and (d) such other means as may be approved for the purposes of this paragraph by the Minister by order. Agriculture and Fishing Animal husbandry. Management of agricultural land. Grants, loans and subsidies in respect of agricultural production. Protection, improvement and maintenance of fresh-water and reef fisheries. Version D – February 2019 18 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Land and Land Use Codification and amendment of existing customary law about land. Registration of customary rights in respect of land including customary fishing rights. Physical planning except within a local planning area (within the meaning of the Town and Country Planning Act or an area to which Part IV of that Act has been applied (development areas). Local Matters Fire services and fire protection. Waste disposal and cleansing services. Rest houses, eating houses and similar places. Public conveniences. Vagrancy. Public nuisances. Cemeteries. Parks and recreation grounds. Markets. Keeping of domestic animals. Building Standards. Local Government (1) The constitution, area and general powers and duties of Area Councils and similar bodies, their revenue and expenditure. (2) The making of by-laws by such bodies, that is, laws (a) affecting only the area of responsibility of the body; (b) not having effect until confirmed by the Provincial Executive; and (c) not made for a purpose for which provision is made by, or is or may be made under, any other enactment. (3) To determine by resolution of the Provincial Assembly the salaries and allowances to be paid in respect of area councillors. Housing Housing. Regulation of rents. Rivers and Waters Control and use of river waters. Pollution of water. Provision of water supplies. (other than urban water supply in areas, prescribed by the Minister under the Solomon Islands Water Authority Act). National Safeguard Systems The SIG, through the Central Project Implementation Unit (CPIU) within the MID have developed, with support from the Asian Development Bank (ADB), a comprehensive Country Safeguard System (CSS) for all MID projects implemented by the CPIU through the NTF. The CSS has a Safeguards Procedures Manual to assist with project implementation. The manual provides comprehensive instructions to guide the MID in managing environmental and social impacts and risks which could arise in the course of implementing SI National Transport Plan (NTP) priority activities. The SIRAP works will be implemented by a dedicated Project Management Unit (PMU) within MID and not the MID CPIU, therefore falling outside the remit of the CSS. However, the Malaita roads component will be handled by MID hence the project should tap into CPIU’s experiences in dealing with safeguards issues on Malaita roads. World Bank Policy The World Bank’s Environmental and Social Safeguard Policies aim to prevent and mitigate potential damage to the environment and communities generated in the development process. These policies give the Bank and borrowers, guidelines on the identification, preparation and implementation of programs and projects. There are ten safeguard policies in the World Bank, created to inform decision making, ensuring that projects financed by the Bank are environmentally and socially sustainable. SIRAP triggers four of these policies: Environmental Assessment (OP4.01), Involuntary Resettlement (OP4.12), Indigenous Peoples Policy (OP4.10) and Natural Habitats (OP4.04). Table 1 presents these four policies and their applicability to this project. An ESMF establishes a unified process for addressing all environmental and social safeguard issues on potential activities from preparation, through review and approval, to implementation. Effective Version D – February 2019 19 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades implementation of an ESMF will ensure that the substantive concerns of all World Bank safeguard policies will be satisfactorily addressed. Version D – February 2019 20 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Table 1 – WB’ Safeguards Policies: Main Objectives, Applicability and Trigger by SIRAP Safeguard Policies Main Objective Applicability Application to SIRAP – Malaita Roads Component The objective of this policy is to ensure This policy is applicable when a project or Triggered: that projects financed by the World sub-project has potential to cause Activities included in SIRAP can cause negative Bank are environmentally sound and negative environmental impacts in its environmental and social impacts considering the sustainable, and that decision making area of influence sensitivity of the areas - conservation areas. Some of the is improved through adequate Depending on the project and the nature potential adverse environmental and social impacts OP 4.01 analysis of actions and their possible of its impacts, various instruments can be could be: soil erosion, decreased water quality, loss of risks and environmental impacts in Environmental used. An ESMF is required for projects vegetation, fauna disturbance, deposition of solid the natural environment (air, water Assessment that comprise several subprojects not yet wastes, dust emission, social impacts related with short and soils); human health and security; identified at the appraisal. term loss of access to land, resource use conflict, impacts physical-cultural resources; and global on vulnerable and marginalized groups, health and and transboundary and global environment aspects. safety of construction workers, food security, employment issues. The ESMF and the ESMP will establish the process to mitigate these impacts. Version D – February 2019 21 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades The objective of this policy is to (i) This policy does not cover only physical Triggered: avoid or minimize involuntary relocation but any loss of income sources The project may finance activities that could require land resettlement, where feasible and resulting in: (i) relocation or loss of to be acquired or temporarily used along road reserve explore all viable alternative project shelter; (ii) loss of assets or means of area which is subject to encroachment by local designs; (ii) assist displaced people in livelihood; (iii) loss of income sources or OP 4.12 communities along much of its length. It is also possible improving their former living means of subsistence, whether or not the that identified undeclared roads and road reserves may standards, income earning capacity, affected people must move to another Involuntary be declared by MID during project preparation and and production levels, or at let in location. This policy also applies to the Resettlement implementation which would be subject to this OP. It restoring them; (iii) encourage involuntary restriction of access to legally may also finance activities which would result in the loss community participation in planning designated parks and protected areas, of non-land assets along the road reserve. A and implementing resettlement; and resulting in adverse impacts on the Resettlement Policy Framework (RPF) has been prepared (iv) provide assistance to affected livelihood of the displaced persons. to address these potential negative impacts on people regardless of the legality of land tenure. In these cases the World Bank requires communities. The project will not involve any land the establishment of a Resettlement acquisition which could lead to involuntary resettlement. Action Plan (RAP), based on the The Project will not undertake any works on roads unless Resettlement Policy Framework (RPF) for they are already declared and gazetted as public roads any project or sub-project. under the Roads Act. Version D – February 2019 22 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades For all projects proposed Bank funding This policy is applied when the Project In the case of the project, because Indigenous Peoples that affect indigenous peoples, the affects direct or indirectly indigenous are the overwhelming majority of direct project Bank requires the borrower to people. beneficiaries, a separate IPP has not been prepared. undertake free, prior and informed Instead, the elements of a IP Plan have been integrated consultation with affected Indigenous into the project's overall design (PESMP). They include: Peoples to ascertain their broad (i) Free, prior, and informed consultation leading to community support for projects broad community support during project preparation; (ii) affecting them Measures to ensure culturally appropriate processes and benefits; (iii) Measures to ensure that adverse impacts The project financed by the Bank must OP 4.10 are mitigated and (iv) Measures for disclosing key project include measures to: (a) avoid adverse documents in a language understandable to them. Indigenous effects on indigenous populations; or Peoples (b) when it is not possible to avoid the Community consultation and regular engagement with effects, minimizes, mitigates, or the community is integral and will be undertaken through compensates for such purposes. the life of the project. The projects financed by the Bank are designed with the assurance that indigenous people receive social and economic benefits that are culturally appropriate and adequate gender and inter-generations. Version D – February 2019 23 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades This policy recognizes that the This policy is used by any Project or sub- The targeted road network includes stretches of roads preservation of natural habitats is projects considered as potential which are currently severely impacted by rivers and essential to protect original bio- originator of significant changes (loss) or coastal processes. While it is documented that the diversity; for the preservation of degradation of natural habitats, be it terrestrial environment along the road network is not environmental services and products directly (through the construction) or comprised of natural habitat, it is unknown whether the for human society and for long term indirectly (with the human activities river and coastal environments contain native aquatic sustainable development. caused by the project). species. Subproject screening will investigate these environments to determine whether natural habitats as Therefore, the Bank supports the OP4.04 defines a natural habitat as land defined by the OP exist at these sites. protection, management and and water areas where (i) the restoration of natural habitats by ecosystems’ biological communities In addition to the river and coastal environment, there funding projects as well as via political are formed largely by native plant are at least two identified Locally Managed Marine Areas dialogue, sector work and the (LMMA) along the road network. LMMAs are usually for and animal species, and (ii) human OP 4.04 economic sector. the purposes of managing fisheries resources rather than activity has not essentially modified protecting native species or habitats but this has not yet Natural Habitats By funding projects, the Bank expects the area’s primary ecological been confirmed for the LMMAs within the project the proponents to apply the functions.” footprint. Subproject screening will identify the precautionary principle in the objectives of the LMMAs and determine whether they management of natural resources, in contain any natural habitats or native species as defined order to ensure opportunities for in this OP. sustainable environmental development. None of the areas identified fall within a conservation area. The ESMF will include measures for addressing potential negative impacts on natural habitats Version D – February 2019 24 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades 5 Environmental and Social Baseline This baseline of existing conditions has been carried out based on site visit to Malaita, field observations and a number of secondary sources. Physical Environment 5.1.1 Location and Geography The Solomon Islands is the Pacific’s largest archipelagic nation, extending some 1,500 km from east to west and consisting of nearly 1,000 islands, the largest of which include Guadalcanal, Malaita, and New Georgia (in Western Province). The country is bordered by Papua New Guinea to the west, Nauru to the north, Tuvalu and Fiji to the east, and Vanuatu to the south. Malaita is the largest island of the Malaita Province in the Solomon Islands. It is a thin island about 160km long and 37km wide at its widest point. A topical mountainous island, Malaita’s river systems and tropical forests are largely unexploited. The main structural feature of Malaita is the central ridge which runs along the length of the island, with flanking ridges and a few outlying hills. There is a central hill country between Auki and the Kwai Harbour which separates the central ridge into northern and southern halves. The roads targeted for upgrades under SIRAP are mountainous and steep in places. Figure 2: Geographic location of Malaita Island and Auki Town The hydrology of Malaita includes thousands of small springs, rivulets, and streams, characteristics of a young drainage pattern. At higher altitudes waterfalls are common, and in some places canyons have been cut through the limestone. Nearer the coasts, rivers are slower and deeper, and form mangrove swamps of brackish water, along with alluvial deposits of gravel, sand and mud. The coastal plain is very narrow. 5.1.2 Climate Malaita has a climate that is largely controlled by the seasonal movement of the equatorial trough. The temperature and humidity in the Solomon Islands is relatively high and uniform with the former Version D – February 2019 25 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades ranging from 22oC to 31oC throughout the year. The most variable of the climactic elements across the provinces is rainfall which can be abundant each month and is variable based on the different topographic features of the islands. Climate data for Auki is about 3200mm annually (compared to 1,858mm in Honiara) and even the driest months still experience a lot of rain fall. From about January to March, the equatorial trough is usually found close to, or south of the Solomon Islands, and this is a period of west to north-westerly monsoonal winds. The heaviest rainfall at most places also occurs at this time. From May to October, the trough moves to the Northern Hemisphere so the Solomon Islands comes under the influence of the south-westerly trade winds which can bring heavy rainfall, especially to the western sides of the islands. The transition months between these dominant weather patterns usually bring more frequent periods of calmer winds. Thunderstorms are relatively common across the Solomon Islands, especially over the larger and more mountainous islands, building up inland on many afternoons and, if winds are favourable, drifting towards coastal areas. Peak thunderstorm period is between December and March. A number of tropical low pressure systems occur each year over the Solomon Islands at times when the equatorial trough is in the vicinity, but few of these develop into tropical cyclones. The average frequency of cyclone occurrence is between one to two per year, although these tend to develop southwards and tend to be early in their life cycle meaning they are relatively small but can, never the less, cause serious damage to infrastructure, crops and water supply. 5.1.3 Water Resources Water resources in the Solomon Islands range from sizable rivers to small streams from high mountainous and dense rainforests to rainwater harvesting and thin freshwater lens of underground aquifer of the small low-lying atolls and islets1. With adequate rainfall and large infiltration area, considerable freshwater resources are available on Malaita, however access to plumbed running water varies across the island. Drinking and household use in both rural villages and in urban centres account for the largest water withdrawal in the country. There is limited agricultural water demand because most crops are rainfed. The industrial sector withdraws water for fish processing cannery, palm oil factory, mining operations and some small manufacturing industries. On the larger islands, surface water in the form of streams, springs or rivers is the main source of drinking water. Some communities on the higher volcanic islands also use groundwater for domestic purposes. In areas where surface water supply is not available for farming, groundwater is used if available. In urban areas, piped water accounts for 75 percent of total water withdrawal, rain water tanks account for 22 percent, bore hole/spring/wells account for 1 percent, and other sources account for 2 percent. 1 IWCM diagnostic report Version D – February 2019 26 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Biological Environment 5.2.1 Flora The terrestrial ecosystems of Solomon Islands include tropical moist forests, montane forest and secondary vegetation, grassland and savanna, swamps, lowland rain forest, and cropland. Forest makes up 86% of the country’s vegetation communities with low altitude forest accounting for the vast proportion of this, while cropland and bush account for 10% of the vegetation communities. The Solomon Islands is characterized by a high level of biodiversity of plants including 3,210 species of vascular plants, although this is believed to be an under-estimation and a more correct estimate is in the order of 4,500 when unrecorded species are included. While diversity is high, endemism is low, with no endemic families and only three endemic genera. Endemism of species is not accurately known but is thought to range from 10% of fern species to 80% of pandan species. The islands with the highest rate of endemism are Santa Cruz (Temotu) and Guadalcanal.2 There are several different vegetation zones, based on altitude. Along the coast is either a rocky or sandy beach, where pandanus, coconuts, and vines predominate, or a swamp, supporting mangrove and sago palms. Terminalia grows in some drier areas. The lower slopes, up to about 2,500 feet (760 m), have a hardwood forest of banyans, Canarium, Indo-Malayan hardwoods, and, at higher altitudes, bamboo. In forested groves, there is relatively little undergrowth. In this zone is also the most intense human cultivation, which, when abandoned, a dense secondary forest grows, which is nearly impassibly thick with shrubs and softwoods. Above about 2,500 feet (760 m) is a cloud forest, with a dense carpeting of mosses, lichens, and liverworts, with cycads as the dominant tall plant. The project traverses areas of what would have been lowland coastal forest. This area has now been altered to accommodate for agriculture and much of the land along the roads have been converted to predominantly coconut (copra), cocoa and pineapple plantations. 5.2.2 Fauna The terrestrial fauna of the Solomon Islands is extremely diverse and includes 223 species of birds (173 residential terrestrial species and 50 other species of shore/sea bird and migratory), 52 mammals (all of which belong to the bat and rat family), 61 species of reptiles (25 are endemic) and 17 species of frog.3 Solomon Islands has a high level of bird diversity and is recognised for the degree of speciation and population variation between islands. Birds are by far the most studied animal group in the Solomon Islands with Malaita being home to 3 species which are endemic to that island. There is only once species of crocodile in the Solomon Islands, the salt water crocodile (Crocodylus prosus). The ban on hunting crocodile in the early nineties has resulted in a significant increase in the crocodile population throughout the country with increasing reports of attacks. 5.2.3 Rare or Endangered Species The Solomon Islands is one of the most biologically diverse countries in the world, linked to this is a high number of critically endangered, endangered, vulnerable and endemic (to the country and provincial level) species. The State of the Environment Report details many of these species, however 2 Solomon Island State of the Environment Report 2008, Ministry of Environment, Conservation and Meteorology 3 Solomon Islands State of the Environment Report, 2008, Ministry of Environment, Conservation and Meteorology. Version D – February 2019 27 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades for the scope of these works this report only looks at species identified in the SOE report for Malaita and only considered the immediate environment surrounding the project site. For the Malaita Province, the 2008 International Union for Conservation of Nature (IUCN) Redlist of endangered species lists 3 bird species as critically endangered, along with 6 threatened bird species and 3 endemic at the provincial level. Socio-Economic Conditions 5.3.1 Population and Demographics At the last census in 2009, the population of Malaita Province was 137,596 with 5,105 people living in the main town of Auki. The population density for Malaita Province was 33 per km2. The population of Malaita has an annual growth rate of 1.2% but this increases to 11.6% in Auki. Malaita’s population pyramid has a distinct feature which is narrow bars at roughly ages 20-30. It is evident that Malaita lost people of these age groups as they migrate to the capital Honiara or to other urban centers in search of employment, education and/or for other reasons. Malaita has a relatively young age structure, with 43% of the population younger than 15 years of age; 51% are in the so called working age groups 15-59, and 6% are older than 60. The population distribution of Malaita is represented in Figure 3below which is shaded to represent population density according to the most recent census data. The main town of Auki is not the most populated area. Most people on Malaita live in the northern villages along the roadside. The wards which the Project roads pass through and their populations are listed below (north to south). Ward Population (2009) Foondo-Gwaiau 5,532 Matakwalao 2,760 Takwa 10,070 Mandalua-Folotana 2,749 East Baegu 4,781 West Baegu 2,477 Fauabu 8,830 Buma 6,223 Nafinua 4,195 Aimela 7,639 Auki 5,105 Kwaimela-Radefasu 9,634 Weagu Silana Sina 5,121 Siesie 3,747 Kwarekwareo 1,921 Version D – February 2019 28 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Figure 3: Population density of Malaita by wards. Adapted from World Bank Cartography Department. 5.3.2 Education and Health Education is not compulsory in the Solomon Islands. In 2009, with respect to population in Malaita aged 6-15 years, 77% of males and females were enrolled in school. Five percent of the population aged 6-15 had already left school, and 18% had never been in school. Enrolment rates in Malaita are the lowest in all the provinces. Based on the 2009 census data on the highest level of education completed, 15% of males and 9% of females 12 years and older responded that they had attended secondary education (Form 3-7); 59% and 51% of males and females completed only primary level, and 19% of males and 35% females had no schooling completed. Three percent of males and 1% of females had tertiary education.4 The Ministry of Health and Medical Services is the key health provider in the Solomon Islands. Health services are concentrated in urban centers with a hierarchy of facilities available ranging from nurse aide posts and rural clinics to the National Referral Hospital. Of the nine provinces in the Solomon Islands, eight have a public hospital. The SI have approximately 22 doctors per 100,000 of the population, but also has a strong base of nurse and midwives at 205 per 100,000. The SI do not have specific data on causes of death but has identified communicable diseases including malaria and tuberculosis as important issues. Increasing prevalence of obesity due to lifestyle, diabetes, 4 Report on 2009 Population and Housing Census for Honiara, Ministry of Finance and Treasury Version D – February 2019 29 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades hypertension and tobacco and alcohol use has increased the rate of non-communicable diseases which will soon overtake communicable disease as the leading burden of disease. 5 5.3.3 Gender Based Violence, Human Trafficking, and Sexual Exploitation and Abuse GBV is defined as actions which result in “physical, sexual or psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or in private life.” In Solomon Islands, GBV has been largely normalized: 73% of men and 73% of women believe violence against women is justifiable, especially for infidelity and “disobedience,” as when women do “not live up to the gender roles that society imposes.” 6 Local NGOs continue to advocate and create awareness on GBV issues on Malaita and plan to work closely with the project to minimize GBV. The Project will conduct and prepare, through consultations, a service provider mapping to identify local NGOs, along with the Provincial Women’s Council and other organisations located in Malaita who continue to advocate and create awareness on GBV issues in Malaita. Human (including child) trafficking, sexual exploitation and abuse are challenges and issues faced throughout the Solomon Islands on job sites and work camps. Human trafficking deals with a complex range of issues involving young girls and women who are forced into servitude and sexual exploitation for economic return. Much of the trafficking in the Solomon Islands appears to occur in and around logging camps and fishing vessels. The fishing vessels may be domestic or part of a foreign fleet. The Solomon Islands has diverse patterns of trafficking – internal and transnational; organized and small-scale; and through sex, marriage and labour. Examples include: • Trafficking of girls and women internally in Solomon Islands for sexual exploitation, forced marriage or to work as domestic servants (Haus gele) – including in logging camps and on fishing vessels; • Trafficking of Asian females for sexual exploitation; • Trafficking of men into Solomon Islands from other countries such as Asian countries to work in logging camps or fishing ships. 7 5.3.4 Livelihoods and Economic Activity Solomon Islands’ per-capita GDP of USD$600 ranks it as a lesser developed nation, and more than 75% of its labour force is engaged in subsistence and fishing. Most manufactured goods and petroleum products must be imported. Until 1998, when world prices for tropical timber fell steeply, timber was Solomon Islands’ main export product and, in recent years, Solomon Islands forests were dangerously overexploited. Other important cash crops and exports include copra and palm oil. In Malaita, the labour force includes all persons employed and unemployed and consists of 59,064 people (28,249 males and 30,815 females). The employment population ratio for males is 22.1% and for females is 9.9% and it was very low for the population 12-19 years. The employment to population ratio was the highest for people aged 25-54 and gradually decreases from then onwards. By occupation, the labour force is employed in government (50%) and private enterprises (50%). 5 https://www.pacificmedicalsa.org/single-post/2017/01/23/Healthcare-Overview-Solomon-Islands 6 Gender-based violence in Solomon Islands: Translating research into action on the social determinants of health, Rasanathan and Bhushan 2011 7 Human trafficking in Solomon Islands: Knowledge, Attitudes, and Perceptions Report, July 2014 Version D – February 2019 30 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades 5.3.5 Land Tenure, Access and Aquisition Most land (86%) in Solomon Islands is still held under customary tenure, where every member of landholding entity, such as tribal, clan or family is vested with the rights to use and access it. Non- owners usually have limited rights such as right of use, easement or right of way. There is no system which allows for customary land to be surveyed and registered, it is often very difficult for outsiders to identify land boundaries and to identify who ‘owns’ the customary land. The Commissioner of Lands has the power to administer public lands and allocate interests to others. Once land is registered, the estate title owner has indefeasibility, except for overriding public interests or when the High Court issues an order to set aside the registration because of fraud or mistake. Under the Land and Titles Act 2014, the Commissioner of Lands discretionary power can only be exercised subject to directions of the Land Board. Under the MID CPIU Safeguards Procedures Manual for National Transport Plan (NTP)8 projects in the Solomon Islands, approved procedures for land access, easement and acquisition have already been established following consultation with stakeholders and communities. These procedures are directly applicable to the SIRAP Malaita road works and should be implemented for the Project as they are already approved by and familiar to the communities: Laydown sites and stockpile sites: for these activities, there is no land acquisition; the project requires only temporary access into lands. This land is used to park equipment and to position construction materials such as gravel. The procedure for these lands is as follows: 1. The National Safeguard Specialist (NSS) and Community Liaison Officer (CLO) identifies the landowners, the boundaries of their properties, and non-land assets which can be affected by the project. The NSS and CLO produce a scoping report which lists the owners, marks out the boundaries of the land in a sketch map and lists down non-land assets which may be removed during civil works. 2. The communities are consulted (by the CLO) to seek agreement on the scoping report and to verify that correct landowners and boundaries have been identified. 3. MID PMU and customary landowners sign a MID approved Memorandum of Understanding (MOU) for voluntary land access with no cash compensation. This is usually done before mobilization of the Contractor. Construction Material: for this activity, there is no land acquisition; the project requires only temporary access into lands. The procedure for these lands is as follows: 1. The NSS and CLO identifies the landowners, the boundaries of their properties, and non-land assets which can be affected by the project. The NSS and CLO produce a scoping report which lists the owners, marks out the boundaries of the land in a sketch map and lists down non- land assets which may be removed during civil works. 2. The communities are consulted (by the CLO) to seek agreement on the scoping report and to verify that correct landowners and boundaries have been identified. 3. Contractor (with support from CLO) enters negotiations with the landowners for access to materials. 4. Contractor and customary landowners sign a MID approved Memorandum of Understanding (MOU). 8 Ministry of Infrastructure Development Safeguards Procedures Manual Version D – February 2019 31 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Land Acquisition: Project activities may require permanent land access and in these cases a Land Acquisition and Resettlement Plan (LARP) is required. For land acquisition, the following procedures apply: 1. The NSS and CLO undertake scoping to gather information on the land subject to acquisition: its physical attributes (boundary areas and use), the fixed assets on it, its ownership, and any issues or disputes which may make land acquisition difficult. The information gathered is the same as for the laydown sites, however they also identify potential risks which can make land acquisition difficult. 2. The Project safeguards team discloses the project information during a community consultation/meeting. 3. The Project safeguards team commences the establishment of a Community Advisory Committee (CAC) with a broad selection of community representatives. 4. The NSS and CLO produce a scoping report which identifies impacts and the needed studies and instruments to address these impacts. The outputs of the scoping exercise are a scoping report and the outline for the preparation of a LARP. 5. An assessment of the Lands Acquisition Resettlement (LAR) impacts is undertaken and seeks to identify the positive and negative social impacts of the project, including resettlement. The results of the LAR impact assessment are incorporated into the LARP. Besides impact identification and analysis, the assessment of LAR impacts elaborates on measures to: (i) enhance positive impacts such as measures to promote equitable access to project by different affected people; and (ii) mitigate negative impacts. An assessment of LAR impacts consists of the following: a. Demographic and socio-economic study of affected persons b. Ethnic and inter-generational relations (where applicable) c. Poverty and vulnerability analysis of Aps d. LAR and other social impacts e. Gender analysis of Aps f. Accessibility analysis (where applicable) g. Institutional analysis of organisations which are involved in implementing mitigation and enhancement measures on LAR. LAR planning identifies measures to avoid, minimize, offset or compensate the negative impacts of LAR and to improve, or at least restore, standard of living and livelihood of affected persons to pre-project levels. Assessment of LAR impacts and the LAR planning use quantitative and qualitative methods of research. Examples of the first are surveys and census. Qualitative studies include community meetings, focus group discussions, key informant interviews, and participant observation. The output of the NSS and CLO LAR studies is the LARP (see Appendix J) which incorporates the results of LAR impacts. 6. The draft LARP is submitted by the NSS and CLO to the PMU for review by TFSU Social Safeguards Specialist and WB Social Safeguard Specialists for endorsement. The LARP is revised, finalized and approved. 7. The draft and final LARP is disclosed in a timely manner, in an accessible place and a form and language understandable to the affected persons and other stakeholders. The CLO facilitates the disclosure of the LARP in the project location. 8. With the CAC, the NSS and CLO consults with the landowners on accessing or acquiring the land. The option of granting an easement on the land through a Memorandum of Agreement (MOA) is presented to and discussed with the landowners. In the case of customary Version D – February 2019 32 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades landowners, the tribal representatives or leaders are asked to discuss with their members, document the proceedings, and decide. They are also advised to seek legal counsel. Unlike the MOU, the MOA is legally binding as it will go through the review and approval of the Attorney General’s Office (AGO) before taking effect. 9. If the landowners do not agree with the grant of easement through MOA, the PMU coordinates with the Commissioner of Lands (COL) to initiate land acquisition through the modified land acquisition process developed by the MID (Appendix K) under Division B, Part V of the Lands and Titles Act (LTA). 10. During the detailed design phase, the land to be acquired is surveyed, physical markers are installed, geotagged and marked on the cadastral map or the detailed design drawings. 11. After the physical survey of the land, the CLO tags and photographs the affected assets and identifies their owners. An inventory of losses (IOL) report is generated. Annual crops are allowed to be grown and harvested prior to the start of civil works. 12. Valuation of the non-land assets are undertaken by a private appraiser engaged by the PMU. If the non-land assets are small in number, the PMU may undertake valuation using the latest schedules of the Valuer-General and the Ministry of Agriculture and Livestock Development. 13. A census is conducted among the APs. For customary land, which can have hundreds or even thousands of families as members, a survey is done instead. The census also identifies who have principal and secondary rights to the affected land. The census results are incorporated into the updated LARP. The census is done to identify those who are eligible for entitlements and the vulnerable among them. Vulnerable groups consist of poor and female headed households, widows, the elderly, persons with disabilities, and children. 14. The end of the census is the cut-off date. The safeguards team, the CAC, and the detailed design consultant publicize the cut-off date in the project site. Any person who sets up a structure for whatever purpose or introduces improvements with the exception of annual crops after the cut-off date is ineligible for compensation. 15. The LAR budget is updated to reflect the current prices of the affected non-land assets and the land purchase or rental price agreed upon by the COL and the customary landowners. 16. The updated LARP goes through another round of review and approval. With the assistance of the TFSU safeguards expert, the WB Social Safeguard Specialist reviews these documents. When the updated LARP is found satisfactory, MID accepts and discloses the LARP. 17. Negotiations continue during this stage, and if successfully concluded, the MID enters into a MOA with the different landowners. The MOA is signed by the landowners, the MPU manager, and a third party. The MID submits the MOA to the AGO for review and concurrence. The MOA is brought to a notary who will enter into the legal record, thereby making it legally binding on the parties in agreement. 5.3.6 Solid Waste Management For the purposes of this project, solid waste includes: • General waste (i.e. office type waste, household waste (from any workers camps), lightweight packaging materials). • Recyclable waste (i.e. certain plastics, metals, rubber etc. that can be recycled). • Organic biodegradable waste (i.e. waste that will decay / break down in a reasonable amount of time, such as green waste, food waste). • Inorganic non-recyclable waste (i.e. waste that cannot decompose / break down and which cannot be recycled). Version D – February 2019 33 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades • Hazardous waste (i.e. asbestos, waste oil etc.) Malaita has an open dumpsite which is not permitted or managed. Solid Waste Management on Malaita continues to be an ongoing challenge with dumping or burning of rubbish in the bush common practice. The Contractor is required to ensure that no solid waste is disposed of on Malaita and will instead be exported to a permitted landfill site which can accommodate the project waste. The Honiara City Council should be consulted on their willingness and ability to receive the Malaita waste. The Ranadi Landfill operated by Honiara City Council (HCC) Environmental Health Division is located 6km to the east of the city along the Kakum Highway. The active part of the dumpsite covers about 1.5 hectares and it is estimated that 20 to 30 tons of solid waste is disposed of daily at the site. It accepts general, hazardous, sewage and organic waste. Access to the site is restricted to Monday – Friday working hours and all wastes are accepted in designated managed pits. Scavenging at the dumpsite provides a source of income for several dozens of nearby residents. The landfill has a drainage system along with settling and digestion ponds to capture leachate. At least 3 private recycling companies operate in and around Honiara. They concentrate exclusively on metals. At all times, the Contractor is responsible for the safe and sound disposal of all solid waste generated by the Works. Section 6.1.1 discussed the project specific impacts of Solid Waste Generation and Appendix D details the requirements of the Contractor for managing their solid waste and outlines the requirements of the Contractors Solid Waste Management Plan. Projected Climate Change and Impacts This section is informed by the Pacific-Australia Climate Change Science and Adaptation Planning Program (PACCSAPP) country report for the Solomon Islands. Annual and seasonal mean temperatures at Honiara have increased since 1962 at a rate of 0.14oC per decade. There have also been increases in the number of warm nights and decreases in the number of cool nights. These temperature increases are consistent with the pattern of global warming. For all carbon emission scenarios it is projected that temperature will increase in the future in the SI. By 2030 it is projected that the temperature will increase by 0.4oC to 1.0oC depending on the emission scenario. There are no clear trends in rainfall over the Solomon Islands since the mid-1950s. Over this period there has been substantial variation in rainfall from year to year. Average annual and seasonal rainfall is projected to increase over the course of the 21st century. However, there is some uncertainty in the rainfall projections and not all models show consistent results. Wet and dry years will still occur in response to natural variability with drought frequency expected to decrease slightly by the end of the century. Projections show extreme rainfall days are likely to occur more often and be more intense. In the Solomon Islands region projections tend to show a decrease in the frequency of tropical cyclones by the late 21st century but a likely increase in the intensity of those storms. Satellite date indicates that the sea level has risen near the SI by about 8mm per year since 1993. This is larger than the global average of 2.8-3.6mm per year. Sea level is expected to continue to rise and by 2030 is project to rise between 8-18cm under all emission scenarios (Table 2). This sea level rise combined with natural year-to-year changes will increase the impact of storm surges and coastal flooding (Figure 4). Version D – February 2019 34 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Table 2: Sea-level rise projections for the Solomon Islands. Values represent 90% of the range of the model results and are relative to the period 1986-2005 Figure 4: Observed and projected relative sea-level change near the Solomon Islands The projected design life of the proposed works at Malita are at least 10 years so the climate predictions for 2030 are applicable for SIRAP and should therefore be considered within the designs. Version D – February 2019 35 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades 6 Identified Project Risks and Impacts As stated in Section 2 of this report the geographic extent of the physical investments is already known, however within that geographic range, the specific design approaches have not yet been determined and therefore the likely scale of potential impacts cannot yet be assessed. The potential range of physical investments: resealing, new sealing, gravel upgrades, spot climate resilient solutions, riverbank reinforcement, coastal reinforcement and bridge replacement/upgrades could result in environmental and social impacts, that would be influenced by the sensitive receptors along the road corridor. The preliminary identification of potential environmental and social impact was carried out considering the environmental and social components that are likely to be affected by the Project activities. All the SIRAP subprojects shall be carefully planned and designed in order to have environmentally and socially sound designs, avoiding potential impacts. Appendix D includes lists of mitigation measures to be implemented during the design/pre-construction, construction and operational phases of the subprojects. Appendix E contains the general monitoring plan requirements, Appendix F contains an example of a weekly CESMP monitoring checklist and Appendix G includes the various guidelines and standards referred to in the mitigation table. The mitigation table along with associated guidelines should be reviewed during the subproject development in order to include specific mitigation measures in planning and design phases to ensure environmentally and socially sound designs, as well as during construction and operational phases. Environmental Impacts 6.1.1 Solid Waste Generation Road grading, maintenance and sealing works will likely lead to the generation of excess soil and excavated waste. Other types of solid waste such as general waste, non-recyclable inorganic waste, organic biodegradable waste and construction waste will be generated from other project activities. Transportation of solid waste in trucks without the correct equipment such as coverings or functioning tail gates can lead to waste spills on the haulage route. Spilled waste is a safety hazard to vehicle and pedestrian traffic as well as an environmental pollutant. 6.1.2 Water Resources Freshwater will be required for workers and some construction activities. As there is an abundance of ground water and freshwater in Malaita, it is not expected that the impact on the water supply would be significant. 6.1.3 Hazardous Substances and Materials There are several project activities which could generate soil and/or water pollution from hazardous substances or materials. Bitumen, fuel and lubricants will be needed during construction activities. If not properly stored or handled, this could result in run off into the local soil or river systems which feed directly into the coastal environment. Version D – February 2019 36 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Waste water and slurry from any concrete production will have a high pH level making it alkaline and also contains chromium. Highly alkaline water can result in the death of aquatic organisms should it enter the river systems. There are also impacts associated with concrete waste water leaching into the ground water and causing contamination. Should an emergency event occur there is also potential for a discharge of hazardous substances to the environment or the use of fire retardants during firefighting. 6.1.4 Noise and Vibration Noise and vibration disturbances are particularly likely during construction related to the transportation of construction materials and operation of equipment. Additionally, movement of trucks will increase the traffic levels when offloading and delivering aggregate. Noise and vibration is likely to be an ongoing issue throughout the construction stage and also into the operational phase due to increased traffic volumes. As the road network represents existing infrastructure noise or vibration impacts are already being experienced by the local community, however this is likely to increase on completion of works. Effective communication of working hours will go towards alleviating any impacts during the construction phase. 6.1.5 Erosion and Sediment Control The majority of the identified roads are a mixture of sealed and unsealed surfaces surrounded by dense vegetation. During resurfacing, and restoration of unsealed roads and drainage, areas of bare soil will be exposed. If the topography of the project is hilly, erosion problems during construction are likely to be more severe. Some sections of road run alongside eroding sections of river banks and coastline. There is potential for works to create increased erosion and sedimentation of the river and marine environments during the construction phase from both road surfacing works and any river bank or coastal reinforcement works. 6.1.6 Dust and Air Pollution Air pollution is likely to arise from improper maintenance of equipment, dust generation along the road, at the quarries and at the crushing plant and the bitumen smoke / fumes arising from application of the new road surface. Impacts are expected to be experienced along the length of the road works and could cause a significant nuisance and health hazard in settlements and village. It can be expected that once the road upgrades are completed, traffic levels may increase and lead to an increase of dust generated at communities along unsealed maintained sections of road. 6.1.7 Traffic Construction works will result in high traffic volume around sensitive social receptors and within the communities. It will also result in increased pressure on pedestrians at larger bridges where traffic and pedestrians often compete for space. Waste spillage from Project vehicles or construction works onto the roads will result in pollution and constitute obstructions to vehicular traffic. The transport of raw materials will introduce a number of Version D – February 2019 37 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades heavy trucks on the access road and this could increase the risk of motor accidents and result in vehicular-pedestrian conflicts. If imported aggregates are landed at any of the Port in Auki the impacts on the already roads through the town could be significant in terms of dust generation, pedestrian and vehicle safety, and road damage. Physical works on the roads will cause disruption to the flow of traffic and create safety risks to pedestrians and vehicular traffic. A comprehensive Traffic Management Plan (TMP) will be required for all individual subprojects which will be approved as part of the CESMP. Appendix D captures the requirements of the TMP. 6.1.8 Wastewater Discharges Uncontrolled wastewater (e.g. sewage, grey water and wash water) discharges have the potential to contaminate soil, water and spread disease. Impacts may include sedimentation and an increase in nutrients impacting water quality of the rivers and contamination due to an accidental release of hazardous substances, refuse or other waste materials into the riverine ecosystem. Wash water from equipment can be contaminated with hydrocarbons (e.g. oil and fuel) which have a detrimental effect on aquatic life, water quality and soil quality. There are also human health impacts regarding hydrocarbon exposure which vary in severity depending on type and length of exposure. The significance of the impacts depends on the scale of the release, duration of earthworks, local worksite topography, soil type, rainfall levels, adequacy of sewage treatment facilities, and the sensitivity of the receiving water environment. It is vital to plan and carefully manage works adjacent to the aquatic environment. 6.1.9 Local Aggregate Supply For any locally sourced aggregates (from rivers or quarries), potential adverse impacts from uncontrolled quarrying or mining are high and include all of the above listed impacts, namely: - River bank erosion from machinery access - Water quality – impacts of water quality from increased sedimentation and oil or fuel spill from machinery in river. - Air emissions – machinery and dust. - Noise and vibration – machinery and blasting (if used). - Water – consumption, hydrology (changes to site drainage patterns and river water quality), wastewater, and contamination. - Waste – overburden, by-products and contaminated waste material. - Land conversion – loss of habitat, degradation of river banks and loss of agricultural land. - Dust is a major issue at quarry sites and can travel some distance and affect a large number of people if not properly managed. It is not yet known how much aggregates will be needed for the proposed works, however due to the nature of the works it is expected that a large volume will be needed. It is also not yet known whether Version D – February 2019 38 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades the locally sourced aggregates will be quarried by the Contractor or purchased from a contractor who holds a current Building Materials License from SIG. Impacts of quarrying are not limited to the location of the quarry but can extend along the delivery route. Noise, dust, and traffic (vehicle and pedestrian) safety are primary concerns for the transport of materials from the quarry site for locally sourced aggregates and the offloading point for imported aggregates. Additional risks with sourcing local aggregate from Malaita are the identification of the correct land owner. Consultations with the local government offices on Malaita indicated that many land leases are now being registered and that more and more land owners are in possession of title deeds for the land issued by the courts. Additional consultations with the locally based contractors confirmed that, providing a mutually beneficial exchange of services takes place between the permit holder and the land owner, sourcing of aggregates from quarries is frequently achieved for development aid funded road maintenance projects. There are multiple quarries along the Malaita roads so it is preferable that a quarry source local to the active works site is used to ensure that the community experiencing the works is also benefitting by having their resources used and services exchanged. UXO: Quarry and River extraction sites may contain unexploded ordinance (UXO). In the event of a discovery, the Contractor must immediately stop work and clear the work site of all personnel. The discovery must immediately be reported to the Supervision Engineer, MID and the Royal Solomon Islands Police Force (RSIPF). A UXO Response and Removal Plan is included in Appendix L of this ESMF. No works shall recommence on site until instruction has been received from the RSIPF and MID. 6.1.10 Biosecurity It is possible that equipment and materials for the road sealing and other works will need to be imported to the SI. If imported consignments are not properly treated and/or washed before shipping, there is the risk of introducing non-native and potentially invasive plants, animals and disease. The introduction of harmful species to small island nations such as the SI, who have a high level of endemic species can be devastating to the local ecosystems, flora and fauna. It is also possible to import diseases such as foot and mouth disease which would have devastating impacts on local livestock. The contractor will be required to present specific management plans for the sea and land transportation of these materials and/or equipment from the origin to the project site, especially the landing facility. These plans will be approved by the Supervision Engineer. Additional domestic biosecurity risks exist from the transportation of aggregates, equipment and material into Malaita from areas of Guadalcanal impacted by the highly invasive Giant African Snail (GAS) which is already causing significant damage to food crops around Honiara. There is already evidence to confirm that the GAS has been introduced to areas of Malaita from contaminated machinery out of Honiara inked to the logging industry. 6.1.11 Secondary and Cumulative Impacts Secondary and cumulative impacts tend to be triggered by impacts to environmental resources that function as integral parts of a larger system over time and space, and can initially be ‘invisible’ to the normal present time impact assessment. Secondary impacts can include land use changes due to improved accessibility which in turn can impact habitats and pressure on existing resources and Version D – February 2019 39 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades utilities (e.g. water supply). Secondary and cumulative impacts also often cannot be managed solely by the project executors. 6.1.11.1 Road Safety Traffic volumes are low on Malaita, and traffic speeds tend to be low due to poor road conditions. However, with grading and re-gravelling and the resulting road condition improvements, speeds easily increase to 50 km/h with highs of 70 km/h. With the proposed sealing, speeds are likely to increase even further. Awareness of high speeds and the dangers involved is low, and the risk of accidents is high. The project will therefore introduce measures to reduce speeds, focusing on locations near schools, markets and other places with high pedestrian traffic. Speed signs tend to be ignored, and the project will focus on physical traffic calming measures such as speed humps and rumble strips. The project will also include the introduction of safety measures at bridge locations within the section to be upgraded, warning road users of the reduced carriageway width and preventing them from driving off the embankment. 6.1.11.2 Human trafficking On Malaita, improvements to the existing road network will open up the opportunity for increased illegal trafficking of women and children to the commercial logging camps along the upgraded routes. For Malaita road works project, the issue surrounds the influx of cash combined with a supply of girls for trafficking and a functioning network of traffickers as well as minimal capacity for the provincial government to combat this, then the project would potentially increase the risks of girls being trafficked. This is discussed in more detail below in Section 6.2.3.1. Social Impacts Social implications with the regard to safeguarding sensitive receptors along the project route will be addressed through the public consultation and design process throughout the life of the project. 6.2.1 Land and Resource Use Loss of access to land: no land acquisition is expected for this project, however there may be instances where land within and adjacent to the road reserve is temporarily needed. As there is encroachment into the road reserve along much of the identified roads, impacts from this may include temporary loss of road side garden area, temporary movement of roadside stalls and loss of some roadside crops. Identification of resource owners: incorrect identification of correct resource owners and/or lack of due diligence and early consultations. Sites vulnerable to these impacts are quarries, river gravel extraction sites, or laydown areas and this may lead to conflict within the community and between the community and the Project. Recent consultations addressed the need for open discussion on access to aggregate, general costing suggestions, and certifications from MID. Discussions also surrounded the unlikely encroachment of MRIMP road works onto communal lands and how the project will address this issue outlined in the project RPF. 6.2.2 Pedestrian Safety As well as the increased risk to pedestrian safety during the construction phase from construction traffic, there is a risk to the safety of pedestrians on completion of the project from the predicted increased traffic volume and driving speeds. The risk is particularly high for children in and around schools and villages as many of the children will be inexperienced with fast moving traffic or safety rules for roads. As there are no footpaths along the road network, pedestrians walk along the road side or across the width of the road in groups. The abovementioned issues were discussed with the Version D – February 2019 40 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades village communities and broad agreement was in place on future safety measures following road works implementation. Another safety risk (on completion of the project) arises when vehicles are crossing the longer bridges. These bridges are one vehicle wide and when cars are using them, pedestrians have no option but to climb onto the edge of the bridge while the vehicles pass (Figure 5). The current project design does not address these safety concerns however mitigations measures are included in Appendix D design phase requirements. Community consultations have also highlighted this as a safety concern for women and children. Figure 5: School children climbing onto bridge edge to allow traffic to pass on longer bridges. 6.2.3 HIV/AIDS, Gender Based Violence, Human Trafficking and Sexual Exploitation and Abuse The influx of labour, as well as local workers having higher disposable incomes, creates an increased risk for HIV/AIDS, GBV, HT and/or SAE. The perpetrators of GBV can be anyone associated with the Project and may include not only construction workers, but also consultants and project staff supervising the civil works or undertaking technical assistance activities or studies hired to protect a project site. While labour influx clearly increases the risks of GBV, the changes in local power dynamics that can arise with a new project that local workers or partners of local women and girls may be at increased risk of being perpetrators of GBV. Version D – February 2019 41 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades The Contractor(s) are responsible for implementing actions to help reduce or eliminate instances of HIV/AIDS, GBV, HT and SEA induced by the project. Workers will be required to sign ‘Codes of Conduct’ describing their responsibilities and Contractors will be required. As part of this process, the contractor will develop and implement a GBV Prevention Action Plan to mitigate these risks (see Appendix D and H). 6.2.3.1 Human Trafficking There exists a documented and significant problem on Malaita with domestic trafficking of local children and local and foreign women for the sex trade focused around the international logging camps and international fishing vessels. Surveys undertaken by Save the Children on Malaita identified that while the industry is not highly organized on Malaita, it is still present and includes foreign nationals, logging and fishing workers and boys and girls. The 2015 USA Department of State’s Trafficking in Persons Report acknowledges that within the Solomon Islands ‘local children are subjected to prostitution, sometimes in exchange for money or fish, particularly near foreign logging camps, on foreign and local commercial fishing vessels, and at hotels and entertainment establishments. Some parents sell their children to foreign workers at logging and mining companies for marriage; some of these girls are later forced into domestic servitude and prostitution. Local boys and girls are put up for “informal adoption” by their families in order to pay off debts; some are subsequently subjected to sexual servitude by the adopted family or guardians, or forced labour as domestic servants’9 The Save The Children report and others highlighted that human trafficking was mainly young women and girls deceived into thinking they were going for domestic work and ending up in forced marriage/sexual slavery. The underlying factors included the income difference between foreign workers in the logging industry and other local populations combined with a supply of girls from other islands within SI and a network of traffickers able to transport the girls to the logging site. The Trafficking in Persons Report survey undertaken in four provinces (Guadalcanal, Western Province, Makira and Malaita) Solomon Islands between 2012-2013 in conjunction with local health care workers and civil society organisations. 77% of survey respondents indicated that they knew personally of at least one case of trafficking (forced labour, forced marriage (for money), forced commercial sex or a child who has been paid for sex). Forced commercial marriage and forced commercial sex were the most common forms of trafficking identified. Survey results worryingly revealed that on Malaita there is a lower rate of perceived vulnerability among women to trafficking. In Malaita, one third of people believe that forced commercial marriage is part of their cultural heritage. This is likely due to the fact that the Malaita’s cultural practice of bride price is uniquely prevalent and robust.10 During NGO and civil society organisation consultations undertaken during the May and October 2018 site visit, it was suggested to the consultants that the current poor condition of the Malaita road network was in part acting as a limiting factor to illegal trafficking activities to the logging camps. A significant secondary impact from undertaking improvements to the existing road network to allow cars and busses to travel more freely, is also the improved opportunity for illegal trafficking to occur and become more organised. 9 Expert Paper: Sexual Exploitation of Children by Travelling Workers in the Solomon Islands, Save the Children, 2016 10 Human Trafficking in the Solomon Islands: Knowledge, Attitudes and Perceptions Report, US Department of State, 2014 http://www.paclii.org/sb/human-trafficking/trafficking-in-solomon-islands-report/trafficking-report-2014.html Version D – February 2019 42 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Additional risks for the Malaita project is that while there isn’t expected to be significant labour influx there will be notable cash influx. As this will be injected into the current situation of a supply of girls for trafficking and a functioning network of traffickers as well as minimal capacity to combat this, then the project would likely increase the risks of girls being trafficked. 6.2.4 Community Health and Safety Project activities, equipment, and infrastructure can increase community exposure to risks and impacts. In addition to the impacts already identified throughout this section, the impacts of an imported work force must be considered. As potential road works move to the Northern and Eastern areas of Malaita, community health and safety become more important due to the accessibility distance of clinics to these villages. 6.2.4.1 Influx of Labour It is not yet known whether there will be a need for a workers camp to be established for the works, however it is probable that there will be a need for additional workers to be brought to the project site for the completion of works, and for the establishment of the PMU and MID office in Auki. It is possible that these workers are likely to be from both overseas, from other areas of the SI, and even elsewhere in Malaita. The Contractor(s) must therefore be sensitive to the potential impacts that this influx of outside labour can have on the local community and manage these impacts and interactions appropriately. Communities understand the potential need for additional labour to ensure quality of road works. This being said, it is the will and hope of Malaita communities that MRIMP will first and foremost seek to employ local skilled and unskilled labour, prior to looking elsewhere outside of Malaita. While the influx of this labour can have positive effects (e.g., increased opportunity for capacity building and economic development), more often than not labour influx results in or contributes to adverse social impacts. If not planned for and effectively managed, labour influx can impact on the following social areas: Risk of social conflict: Conflicts may arise between the local community and the construction workers, which may be related to religious, cultural or ethnic differences, or based on competition for resources. Tensions mays also arise between different groups within the labour force, and pre-existing conflicts in the local community may be exacerbated. Increased risk of illicit behaviours and crime: The influx of workers and service providers into communities may increase the rate of crimes and/or a perception of insecurity by the local community. Such illicit behaviour or crime can include theft, physical assaults, substance abuse and local brewed kwaso, prostitution and human trafficking. Local law enforcement may not be sufficiently equipped to deal with the temporary increase in local population. Impacts on community dynamics: Depending on the number of incoming workers and their engagement with the Malaita communities, the composition of the local communities, and with it the community dynamics, may change significantly. Pre-existing social conflicts may intensify as a result of such changes. Local inflation of prices: A significant increase in demand for goods and services due to labour influx may lead to local price hikes and/or crowding out of local residents. Version D – February 2019 43 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Sexual Exploitation and Abuse: Construction workers are predominantly younger males. Those who are away from their home on construction jobs are typically separated from their families and act outside of their normal social context. This can lead to inappropriate or illegal behavior such as sexual harassment of women and girls, exploitative sexual relationships, and illicit sexual relations with minors from the local community. An influx of male labour may also lead to an increase in exploitative sexual relationships—particularly due to the often higher income levels of workers which enable them to purchase transactional sex, or makes them seen as good candidates for marriage. Communicable Diseases: The influx of people may bring communicable diseases to the communities, including sexually transmitted diseases (STD) such as HIV/AIDS, or the incoming workers may be exposed to diseases to which they have low resistance. In terms of the vulnerability of the Malaita communities to external influences during the construction phase, these communities are considered medium to high risk due to the pre-existing culture on Malaita of the commodification of women and children and the low level of perceived vulnerability by this targeted group. Currently in Malaita, customary practices around dealing with sexual assault focus on the perpetrator being forced to pay compensation to the family of the survivor, because sexual assault is seen as akin to trying to avoid paying bride-price and/or reducing the price a family can ask for a girl. This works as a deterrent when the perpetrator is from same local area because there is significant stigma associated with the public trial and subsequent shame associated with having to pay the compensation. However, if the perpetrator is an outsider with the capacity to pay the compensation, but without the fear of stigma (as they are not local to the area and will presumably leave after a specific period of time), then there is a risk that compensation practices become corrupted to either become a way of generating income (i.e. families putting pressure on girls and women to pursue relationships and then claim compensation, which goes to the family, not the survivor), or as a way of getting away with sexual assault in a convenient way. Limiting the number of external workers to the project site will help to reduce this risk and Appendix D provides for mitigation measures against these potential construction phase impacts. 6.2.5 Economic Activity During the construction phase there is the potential for minor impacts on road side businesses and market stall vendors along the project route. These impacts could include temporary relocation, increased noise, dust generation and increased traffic from construction activities. Version D – February 2019 44 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Key Project Implementation Risks As well an overview of the potential impacts provided below, there are some key project risks which were identified during the preparation of this ESMF. Addressing these risks is considered to be critical to successful project implementation and are required to be integrated in the subproject design and ESMPs. 6.3.1 Public Road Declaration The SIG Roads Act provides for the declaration of public roads along with a fixed road reserve of 15 meters either side of the center line. During land related due diligence for the development of this ESMF the declarations for part of the identified road network were found, with the records for the declaration of the rest of the Project network not readily available. An investigation has been triggered by MID to locate those records to ensure that the entire road network covered by this Project has been declared as a public road network under the Roads Act. The purpose of locating records is to identify if any of the road sections have not been declared as public or are under land disputes. The MID will also confirm the width of the roads from centerline that has been declared as public. The SIRAP Malaita road upgrade works will only be undertaken on public roads which have been declared and gazetted under the SIG Roads Act. It is possible that, should these roads turn out to be undeclared, the MID will seek to declare them for inclusion into the Project. It is important to note that should the road declaration process commence during project preparation or implementation, OP4.12 will apply to all steps of the process outlined in Section 5.3.5. To date, declarations of the road from Auki-Malu’u-Kawilibesi-Fouia Road (approx. 100km known as the northern road) and the Gwaunaru’u Aerodrome Road have been located. The declarations for approximately 100km of the Auki-Huahui (the southern road) and the Dala-Atori road (the eastern road), approximately 100km of road combined, have yet to be verified. Figure 6 below shows the proposed road network in terms of confirmed and unconfirmed declaration of public roads. Figure 6: Confirmed (yellow) and unconfirmed (red) declared public roads on Malaita for the SIRAP works. Version D – February 2019 45 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades 6.3.2 Road Reserve Encroachment While the road reserve is determined as a 30m corridor, along most of the road network there has been encroachment into the reserve and in some cases, this goes right up to the road edge (Figure 7). The encroachments are mostly from gardens, roadside tree plantations, commercial cocoa or copra crops and market stalls. Under OP4.12 the residents who are encroaching into the road reserve are considered to be eligible resources users and asset owners. Figure 7: Examples of active use of land within the road reserve up to the shoulder. 6.3.3 Aggregate Sourcing Large volumes of aggregate will be needed to complete the road improvement and maintenance works, drainage, bridge upgrades, etc. The main sources of black rock aggregate for building and road works on Malaita are from several large rivers which local contractors use for gravel extraction. Sand and gravel from the rivers are often used as the main aggregate source for road upgrade and maintenance projects. The MID has provided a list of all identified quarries and river extraction sites along the road network (see Appendix B for maps). The MID report also identifies the location, aggregate type, extraction volume limitations and ownership type. The report does not identify the specific landowner. It is critical to project implementation that early consultation with the correct landowner and tribes is ongoing by the PMU CLO to ensure that the Contractors are able to access the necessary aggregates at a transparently negotiated rate. It is recommended that MID begin consultations to set a fix fee for aggregates across Malaita prior to release of the bid documents. Version D – February 2019 46 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Access to the selected quarries will also need to be considered as some may require the use of private access roads with multiple landowners who would also need to be consulted to ensure open access to the quarry site. Further critical to the consultations with landowners is to ensure that the CLO engages the Malaita MID officers in the process to ensure that the history of the relationship between landowner and MID is fully understood before entering into consultations or negotiations. 6.3.4 Climate Several sections of the road pass along scoured or eroded sections of coastline and river banks. Unless robust climate resilient design solutions are developed for these sections of road, the increased impacts of climate change such as increased intensity of waves from storm events and increased river volume and speed from increased intensity of heavy rain events will continue to erode the road after project completion and undermine the longer-term maintenance efforts by MID under the NTF. 6.3.5 Community Consultation To comply with OP4.10, there must be a process of free, prior and informed consent with the affected Indigenous Peoples’ communities at each stage of the project and particularly during project preparation, to fully identify their views and ascertain their broad community support for the Project. All consultations to date demonstrate widespread support and enthusiasm for the project. In addition to compliance with OP4.10, lessons learned from previous World Bank projects on Malaita have identified that early, ongoing and meaningful consultations throughout all phase of the project will be critical to project success. To help ensure this, the SIRAP PMU has a Community Liaison Officer who will be based in the MID project office on Malaita for the duration of works. The CLO in coordination with the National Safeguards Specialist will be responsible for implementing the projects consultation and engagement program and will work closely with MID, Supervision Engineers and Contractors to facilitate all consultations. The CLO will be the point of contact between communities and the Project and will be the focal point for grievance redress. It is critical that the relationship between the CLO and communities is understood by any parties contracted by the Project and is integrated into their consultation planning. The CLO will facilitate all consultations. Without the support of the communities and resource owners along the road network, successful project implementation will be impeded. Initial Screening Sensitive Receptors Broad screening of the road network sections identified for SIRAP was undertaken by TFSU Safeguard Specialists through a combination of desktop study and site visits. Desktop surveys included examination of existing Mapillary11 images uploaded by the WB Task Team from technical scoping trips of the road network. The output from the screening task is a high-level map overview of sensitive areas and receptors (both environmental and social). The maps are described below and provided in higher resolution in Appendix C. These maps are not exhaustive and should not be considered by users of this ESMF to be a complete list of sensitive receptors. It is to be considered as a guide to developers of future SIRAP 11 www.mapillary.com Version D – February 2019 47 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades ESMPs to give an indication of density and distribution of key sensitive receptors and used as a starting point for more detailed screening and documentation of assets. Figure 8: Overview of high level environmental and social screening for SIRAP roads. Figure 9 below: plates showing high level screening by wards. Version D – February 2019 48 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Version D – February 2019 49 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades 6.4.1 Screening Legend Explanation BRIDGES: This covers all bridge types and lengths: log bridge, bailey bridge and concrete bridges. Not all rivers are mapped in an accessible format, therefore the bridge markings indicate watercourse for which all have environmental and social values. Bridges are also of varying suitability for carrying heavy traffic which the ESMP and Contractors will identify in more detail during subproject development and planning. Bridges also present areas of risk for pedestrian safety linked to construction traffic which will be identified and addressed in the ESMPs. Version D – February 2019 50 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades EXTRACTION RIVERS: These icons indicate bridges and rivers where black rock extraction is undertaken. Some rivers gravels have been graded for their suitability for road construction by MID (Figure 10) Figure 10: Gravel extraction site at concrete bridge on southern road. COASTAL ROADS : Some sections of the northern road pass along or very close to beaches. In some areas these roads have been eroded by the coastal processes and wave action. Subproject ESMPs will need to map these areas in detail and take into account the prevailing storm conditions in these areas. Subproject design will need to include climate resilient designs for these sections of road. (Figure 11) Version D – February 2019 51 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Figure 11: Road erosion along coastline on northern road PROJECT BRIDGE: These are bridges which have been identified for upgrade work under SIRAP (Figure 12). Figure 12: Fiu Bridge close to Auki which has been identified for upgrading under SIRAP Version D – February 2019 52 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades ROADSIDE TREE PLANTATIONS : These are linear plantations of important commercial species such as walnut, or important local trees for building materials. These plantations are usually one tree deep and are planted directly on the road shoulder, well within the road reserve. (Figure 13) Figure 13: Typical roadside tree plantation. This is at the Bina Harbour junction. SPEED CONTROLS: A few communities on the southern road have installed their own speed humps since their road has been improved in May 2018. This indicates that high speeds through their villages is a concern to these communities. STEEP SECTIONS: There are a few steep areas on the northern and southern roads which cause problems with road erosion and deep gullies are formed on the road surface. The majority of identified steep section with run off erosion problems are on the eastern road which is to be expected as the road passes the central mountain range. The majority of this road undulates, but the map highlights the identified steeper sections with run off and erosion problems. (Figure 14) Version D – February 2019 53 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Figure 14: Steep section on southern road showing signs of run off and gullies. LARGE PLANTATIONS : Most of the northern and southern roads are surrounded by large coconut and cocoa plantations which are visible from Google Earth imagery. Most of the plantations come close to the road edge, some within the road reserve but not always up to the edge of the road itself (Figure 15). Figure 15: Large areas of coconut plantation on the northern road visible on Google Earth. Version D – February 2019 54 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades PORT: The north and eastern roads terminate on the coast at small village ports (Figure 16). Figure 16: Port in Fouia at end of northern road. Source: Mapillary MARKETS: These include small roadside stalls and the larger Forcem Market at Dala (Figure 17). Only market stalls with multiple stands have been identified here but it is important to note that almost all villages and settlements have garden market stalls in individual gardens and these are located right on the road side, well within the road reserve. Figure 17: Forcem Market (l) and roadside market (r) along the SIRAP roads. Version D – February 2019 55 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades INDUSTRY: These are all small-scale or family ventures and located on the edges of villages. They include canoe building, carpentry and copra processing sites. They are all on the road side, usually within the road reserve. FLOOD PRONE AREAS: These are either low lying coastal areas which aren’t subject to coastal erosion processes but are identified as being subject to flooding, or they are low spots in the roads near rivers which flood during rain and would likely benefit from road crossing culverts being installed. ROCK WALLS: One area on the northern road had low lying, intricate, dry stone walls build around gardens. These roads have great aesthetic value and are build to a high standard indicating that they are important. They are often built close to the road and well within the road reserve (Figure 18). LOCALLY MANAGED MARINE AREAS (LMMA): During the higher level screening exercise, two LMMAs were noted but this is not considered to be an exhaustive list and all subprojects will screen for additional LMMAs. Traditionally in the pacific region, LMMAs are implemented at the community level with the focus of sustainable management of the marine resources, primarily fishery based. While not confirmed, it is possible that these community LMMAs along the road network are part of the larger Solomon Islands Locally Managed Marine Areas Network (SILLMMA) which has the objective of assisting rural communities in taking responsible care of their marine resources. LMMAs are not usually implemented to protect key species or habitats, rather they are to ensure sustainable and managed use. Any works at rivers or streams which feed into LMMAs or in low lying coastal parts of the road which are in close proximity to an LMMA have the potential to impact on the quality of the water in the area through increase in sedimentation and hydrocarbon spills. Additional mitigation measures will be required for works within LMMA catchment areas and subproject ESMPs will be required to detail the LMMA status and potential impacts as well as provide measure for their protection and monitoring. Of particular importance in the ESMP screening process will be to identify if the LMMA contains any natural habitats or native spices as defined in OP4.04. Version D – February 2019 56 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Figure 18: Example of stone walls along areas of northern road. FORDS: A few rivers and creeks don’t have bridges but are, instead, ford crossings. Vehicles can pass when the rivers aren’t high. These sites have multiple environmental and social values (Figure 19). Figure 19: Ford river crossing with no bridge on southern road. ENCROACHMENT: while this is by no means exhaustive and should not be considered to be an inventory, the screening identified areas where the active use of land within the road reserve and right up to the road shoulder was obvious. This was most evident in villages and settlements and was often in the form of gardens or vegetable patches. Version D – February 2019 57 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades AGGREGATE PROCESSING: These are a few sites which were highlighted during the screening as being either current or former processing sites (crushing plant location, laydown site and batch processing plant location). RIVER SCOUR: The road passes close to eroding riverbeds in two areas, at the Bina Harbour junction and between Dala North and South. Scour at Bina Harbour is to the point where an alternative river ford crossing is now used by all vehicles. Scour at Dala is being managed by gabion cage reinforcement, however erosion and scour is occurring beyond these cages. Figure 20: River bank and road scour at Bina (l) and Dala (r). Version D – February 2019 58 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades 7 Guidelines for ESMF Implementation Introduction This section of the ESMF describes the process for ensuring that environmental and social concerns are adequately addressed through the institutional arrangements and procedures used by the Project for managing the identification, preparation, approval and implementation of subprojects. All of the subprojects shall comply with the OP4.01 and national legal requirements on environmental and social management. The SIRAP NSS will conduct all the initial environmental and social assessment processes for the identified subprojects and support the PMU, MID and Contractors to ensure compliance. The TFSU Safeguard Specialists will provide assistance during the screening of subprojects, preparation of any guidance for and review of ESMPs (before submission to WB for approval), monitoring and evaluation of all the subprojects. Screening Phase Screening of subprojects will commence right at the subproject preparation phase as soon as the specific subproject details are known. Screening is expected to happen concurrently with any engineering or design studies so that any potential impacts identified through screening are immediately incorporated into the design development ensuring that environmentally and socially sound design of the subprojects occurs from the outset. Screening, when correctly done, will facilitate the:  Identification of potential environmental and social impacts and the identification of health and safety risks;  Confirmation of the Category B rating for propose works;  Determination of the scope of the ESMP, likely national document requirement (PER), and/or to prepare a Resettlement Action Plan (RAP) or Abbreviated RAP (ARAP) where required. The screening shall be completed by the PMU NSS in collaboration with the TFSU Safeguard Specialists and the PMU and/or WB project design team. This will be based on desk appraisal of the proposed subproject and complemented by a field visit. This will support the development of the ESMP scope guidance and the preparation of the Development Consent Application Form which will be used by the ECD to determine the level of environmental assessment required under the Environmental Regulations (2008) for development consent approval. 7.2.1 Environmental Screening Using the information on subproject design provided by the design team, the PMU NSS will prepare, as accurately as possible, information on the habitat types along the subproject road corridor (e.g. is the project located in or adjacent to any LMMA, sensitive habitats, natural habitats) and the characteristics of the significant potential impacts (e.g. size of affected area, characteristics of any affected sensitive areas, whether impacts will be temporary, permanent, etc.). Desktop studies and site visits will inform the screening process. Preliminary screening maps in Appendix C should be used as a basis for starting the screening process for each subproject area. The environmental screening of subprojects should include georeferenced data for any sensitive receptors requiring particular attention during the preparation of the ESMPs. Version D – February 2019 59 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades The SIG regulations and the World Bank policies are considered on the whole to be overall similar. In those cases where the EA documentation required by the SIG is not equivalent in depth and scope to those required by the World Bank, the later will apply. 7.2.2 Social Safeguards Screening Social safeguard screening focuses on: (a) potential negative impacts that might be experienced by the communities during and after implementation of the subproject; (b) the potential social and economic impacts when land is acquired for infrastructure projects and which result in: (i) relocation or loss of shelter; (ii) loss of assets (including non-land assets); (iii) loss of income source or means of livelihood, whether or not the affected persons must move to another location; (c) whether there are indigenous people that would be affected by the project in a way as described in the World Bank OP4.10; and (d) when significant social impacts are anticipated based on the results of the screening. Social safeguard documents for projects depend on the nature and extent of social impacts identified as part of the screening exercise:  Social Impact Assessments (SIA) or Social Assessments (SA): when social impacts of significance are expected.  Resettlement Action Plans (RAP): If more than 200 people will need to be involuntarily resettled. Guidelines for the RAP are provided in the SIRAP Malaita Resettlement Policy Framework (RPF).  Abbreviated RAPs: If fewer than 200 people need to be resettled or impacts on entire displaced population are minor. Guidelines for ARAP are provided in the SIRAP Malaita Resettlement Policy Framework (RPF). As OP4.12 has been triggered for the SIRAP Malaita works, a Resettlement Policy Framework (RPF) has been developed. The purpose of the RPF is to establish the resettlement and compensation principles, organizational arrangements, and design criteria to be applied to meet the needs of the people who own or use land or resources, which a subproject needs to relocate or displace from their current places of livelihood or use in order to achieve the project’s objectives. The WB OP4.12 Involuntary Resettlement applies to all components of possible projects that result in involuntary resettlement, regardless of sources of financing. It also applies to other activities resulting in involuntary resettlement, that are: (a) directly or significantly related to the bank-assisted project; (b) necessary to achieve its objectives as set forth in the project documents; (c) carried out, or planned to be carried out, alongside the project. Preparation of ESMP Scope Requirements Once the screening is complete, the PMU NSS and TFSU Safeguard Specialist will compiles a set of scope requirements for the ESMP subproject. These requirements will detail the findings of the initial screening and will highlight key environmental and social sensitive receptors as well as providing a minimum set of standards for addressing these within the ESMP. The scope requirements will be included in the bidding documents for the party responsible for developing the ESMP. Should the ESMP be developed within the PMU (including TFSU) these scope requirements will still apply. The scope requirements will include the need work with the PMU Community Liaison Officer to conduct meaningful consultations through a public participation process. The scope requirements shall take into account this ESMF and the potential impacts identified in Section 6, as well as any other potential specific impacts of the site where the activity will be executed. The public participation process will follow the Stakeholder and Consultation Engagement Plan in Section 8.2. Version D – February 2019 60 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Review and Approval of Safeguard Documents The contracted party will develop safeguard instrument according to the ESMF, the ESMP scope requirements and other provisions of SIG national laws and regulations. The instrument will be submitted to the SIRAP NSS for review and approval. The PMU will have ultimate responsibility for approving the safeguard instruments with input and clearance from the WB. Version D – February 2019 61 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Implementation, Supervision and Monitoring Roles and Responsibilities This section describes required elements of the subprojects safeguard instruments. These implementation requirements should be adopted in all ESMPs to ensure uniform implementation of safeguard requirements across the Project. Appendix I provides guidance for the Terms of Reference (ToR) of a Supervision Engineer Supervision Safeguard Specialist (SSS) and also details the structure of the SIRAP Malaita safeguards supervision process. SIRAP PMU: The PMU is responsible for the ESMF implementation and day-to-day project implementation on behalf of the SIG. The PMU will have a project office based on Malaita housed within the MID. The PMU will: 1. Have a National Safeguards Specialist based in Honiara but making frequent site visits to Malaita. The National Safeguards Specialist:  With the support of the PMU CLO, undertakes environmental and social screening of Malaita works (subprojects) to identify specific areas of risk.  Ensures the SIG’s safeguard instruments (PER, EIS, etc) prescribed by the MECDM/ECD for project sites are well prepared, submitted and approved;  Coordinate the review and approval process for ESMPs with the TFSU Safeguard Specialist and World Bank Safeguard Specialists.  Identify total cost for development consent submissions;  Provide support and collaboration with the ECD in ensuring a smooth and effective process of approval;  Provide technical support to the Project’s Task Team in monitoring the implementation of safeguard instruments (World Bank and SIG’s) on a day to day basis;  Provide safeguards reports on a regular basis.  Oversee the full implementation of the CESMP and SIG’s safeguard instruments on a day to day basis.  The National Safeguards Specialist will conduct at least quarterly safeguard audits with the Supervision Engineer’s safeguard specialist and other staff.  Monitors and manages of complaints/incidents logged via the GRM mechanism on the SIRAP website. 2. Sources suitably qualified consultants to develop the safeguard instruments based on the requirements of the ESMF and the ToR. 3. Acts on behalf of the client and works closely with MID and all contracted parties to ensure that SIRAP objectives are delivered in a compliant manner consistent with client, MID and ECD requirements. 4. House an engineer, an assistant engineer and Community Liaison Officer (CLO) in the Malaita project office. The CLO will:  Work in the field in Malaita to support the Contractor and PMU proactively identify project issues and worker/employee conflicts; Version D – February 2019 62 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades  Facilitate community and other consultations to ensure that all parties involved and affected by the works are properly informed and consulted;  Maintain the Malaita GRM;  Provide detailed forward planning and coordination for the road upgrade works related to community sensitization, pre-employment training and other project activities;  Help identify land owners for any project land needs.  Responsible for working with MID and Supervision Engineer (and contractors where appropriate for CESMP) to implement consultation plans for the SIRAP upgrade works. 5. During the construction phase, PMU receives reporting from the Supervision Engineer and shares these reports with the MID, ECD (to comply with permit monitoring requirements) and TFSU. 6. PMU is responsible for managing recurring instances of non-compliance by the contractor as they are reported by the Supervision Engineer and all instances of non- compliance by the Supervision Engineer. PMU will conduct their own quarterly on- site audit of construction works, to supervise CESMP and ESMP implementation. TFSU: The TFSU provides technical assistance with project implementation to PMU. TFSU receives the Supervision Engineers reporting via PMU and receives the quarterly ESMP and CESMP audit report. TFSU safeguards specialist monitors these reports for consistency and compliance. TFSU provides these safeguard reports to WB for review. TFSU also receives all new and updated PESMP or CESMP for review. TFSU provides these reviewed instruments to WB for approval. TFSU safeguard specialist provides periodical in-country inspection of project site for ESMP compliance. Supervision Engineer: is responsible for the day to day oversight of the construction works for the project, including safeguard compliance. The Supervision Engineer is the only party who is contractually able to provide instruction to the Contractor. The Supervision Engineer will work closely with the Contractor, and the project safeguards team, on a daily basis to ensure that Malaita works are implemented in a compliant manner consistent with the detailed designs provided and the PESMP. They are responsible for: 1. Daily monitoring the Contractors work for compliance with the CESMP and ESMP and providing safeguard monitoring results in their monthly reporting to PMU. As part of their CESMP monitoring responsibilities, the Supervision Engineer will ensure that a suitably qualified and experience safeguard specialist is resourced to provide at least quarterly site inspections to Malaita and available for support at other times to respond to incidents, non-compliances, review of CESMP, update of the ESMP and other tasks. 2. Managing the review process of CESMPs for approval. The Supervision Engineer must ensure that all current safeguard instruments have been reviewed internally as well as by PMU, TFSU, WB and final approval from WB has been secured before disclosure. 3. Updating the ESMP as necessary to reflect changes in the designs. 4. Working with PMU CLO to provide meaningful input and direction into community consultations on the draft updated versions of the ESMP. Version D – February 2019 63 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades 5. Managing instances of non-compliance by the Contractor and reporting all instances to PMU. They are also responsible for escalating recurring instances of non- compliance by the Contractor to PMU for action. 6. Managing and responding to all direct complaints/incidents received by their representatives as per the GRM process in Section 8.3 and reporting all instances to PMU for inclusion into statistical database. 7. A template Terms of Reference for a Supervision Safeguard Specialist (SSS) is provided in Appendix I and should be used as a basis the procurement of the SSS within the Supervision Engineer bid documents. Contractor: It is the contractors responsibility to: 1. Resource their team with an experienced and qualified full-time national safeguard specialist and an experienced and qualified international safeguards key personnel who is resourced to make regular and ad hoc (as needed) site visits. Appendix I provide the minimum requirements for the international specialist who will form part of the Contractors key personnel in the bid document. 2. Resource their Malaita based team with a Malaitan Community Liaison Officer to be based on Malaita full time and with experience of working within the road maintenance sector. 3. Allocate budget for implementing all requirements of the CESMP and employment of appropriate safeguard specialists. 4. Prepare and have cleared by the Supervision Engineer the CESMP in accordance with the ESMP. 5. Implement the Code of Conduct relating to GBV. 6. Carry out the Malaita upgrade works in accordance with the CESMP. 7. Conduct daily and weekly safeguard inspections of the works to ensure compliance and reporting the results of these inspections to the Supervision Engineer. 8. Proactively update the CESMP as construction methodology or other features change. 9. Provide meaningful input and direction into community consultations on the draft CESMP. 10. Advise the Supervision Engineer of any changes to works or methods that are outside the scope of the ESMP for updating. 11. Post all notifications specified in theESMP at the site entrance. 12. Report all environmental and OHS incidents to the Supervision Engineer for any action. ESMF Reporting The whole process implemented in light of this ESMF should be properly documented and filed for future reference in the audit stage. This includes all screening forms, any safeguards or monitoring reports produced, records of public consultations, records of all complaints and grievances logged, environmental permits and development conditions. Version D – February 2019 64 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades The SIRAP NSS will support quarterly monitoring reports of all active investments under implementation under SIRAP in Malaita to the PMU Project Manager who will then submit these reports to the World Bank. It will report the activities carried out under the ESMF, indicating the whole process carried out for every subproject undertaken. Version D – February 2019 65 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades 8 Consultation and Disclosure During the detailed planning phase of the Malaita road works subprojects, stakeholder engagement will be critical to the review of detailed designs, the identification of impacts and the selection of mitigation options and the prioritisation of investments for funding and implementation scheduling. It is important that the affected communities – including women and vulnerable groups – are given the opportunity through consultations to be made aware of the proposed activities, and to comment and contribute to the project design. Consultation sessions should be designed to ensure that women and vulnerable groups have the opportunity to effectively and equally participate. The PMU office on Malaita will be responsible for ensuring ongoing meaningful consultations for all subprojects. A full-time ‘Community Liaison Officer’ (CLO) is based in the Malaita project office for the duration of project implementation. The ESMF will be disclosed in hard copy at the MID office in Honiara, the MID office on Malaita and the SIRAP PMU Office in Honiara. It will also be uploaded onto the World Bank’s Info Shop and uploaded to the SIRAP Project website. The same disclosure will be required for all Project safeguard documents including RPF, ESMPs, CESMPs or ARAPs. ESMF Public Consultations to Date A series of public consultations and stakeholder meetings were held during the months of March, August and October 2018 with the aim of providing meaningful consultation with stakeholder groups and to provide an opportunity for all parties to provide input into the development of the ESMF. The meetings targeting three groups of stakeholders: (a) provincial government agencies and development partners in Honiara and Malaita; (b) NGOs and civil society groups; (c) the Malaita village community members and tribal chiefs. Stakeholder meetings were held from 5-8 March on the islands of Honiara, Munda, and Malaita. Key meetings included the following individuals and organizations: Organization Contact Notes Provincial Government Assembly Discussed road works priorities for Malaita Rural Development Project Johnley Omeagaro, Finance Officer WB Project Moses Rouhana, Deputy Team WB Project Leader Provincial Development Planning Office Rodney Fono, Provincial Provides procurement, tender, Planning Development and community planning Coordinator support for 33 Wards on the island of Malaita Paul Wakio, Capacity Development Adviser Oxfam Nelson Sobo, Malaita Provincial Coordinator Malaita Provincial Council of Women Martha Ruvai, Chair Community Governance Saeni Whitlam, Provincial Funded by DFAT and WB Grievance Management Project Coordinator Version D – February 2019 66 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Key areas of discussion during the March 2018 mission to Malaita included:  The Malaita Provincial Govt has termed the southern road to Bina Harbour as the "economic corridor" and has stated that this road was a priority for the Provincial Government.  Historically, the southern road to Bina Harbour has been discussed for many years. The land disputes are complex and covers generations.  A key element for managing and mitigating land issues is a strong consultative process with tribal leaders and village communities, working within cultural norms and supporting ongoing informal relationships with the Project and Contractor and Village Communities.  Building relationships with tribal leaders and communities on an informal and formal level is critical.  Working within the cultural norms, cultural values, and familial roles of the Malaita tribes will be important during the implementation cycle of the project.  Community Liaison Officers (CLOs) or Community Helpers will play a critical role in the successful project implementation in keeping an open link of communication, information, and dialogue with communities affected by our new infrastructure activities.  The inclusion of gender, disability, etc will be utilized within our Safeguard instruments and will be considered in our design documents for all new infrastructure activities in Honiara, Malaita, and Munda.  The Malaita women’s council, mandated by the Provincial Government, has expressed interest to participate in new project activities by conducting income generating activities and services such as canteen services where feasible and small scale road maintenance.  The cultural practice of "Bride Price" and commodifying women as property has its linkages with GBV and compensation. It is critical to work closely with national women organisations, NGOs, CPIU, and other to conduct ongoing trainings on GBV, SAE, international and domestic trafficking. A Public consultation mission for Malaita road upgrades commenced on 17-27 August 2018. The consultation mission team consisted of the TFSU Safeguards Specialist, MID Gender Officer, and MID Community Liaison Officer. On Wednesday, 22 August 2018 a consultation meeting was conducted with the Malaita Provincial Government, members of the provincial assembly, relevant heads of division, and NGOs. Approximately 15 was in attendance. The key areas of discussion included:  The people and villages of Malaita are supportive of the WB Road Works.  Quality of road works is critical for the communities due to substandard road works in the past.  Roads need to be properly constructed due to the high levels of rainfall on Malaita otherwise in a couple of months the roads will be back to its original damaged state.  MID does not have the capacity to properly supervise and implement the project.  No Labour Based Equipment Support (LBES): Malaitans do not have a good experience with the quality of work from LBES.  The SIG and MID do not have the capacity to manage on-time payments of local contracts that can take up to several months before contractors are paid.  Prefer PAIP to manage procurement and contract payments rather than SIG and MID. Version D – February 2019 67 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades  MID should standardize aggregate/gravel rates12 for certified sites on Malaita to avoid delays and land disputes.  To mitigate against land disputes during the implementation phase of the project, contractors BOQ should include Letters of Agreement between the Contractor and the Landowner/aggregate/gravel site detailing: o Agreement for contractor to access the land and aggregate/gravel o Cost per cubic meter for aggregate/gravel On Thursday, 23 August 2018 at 10am, a consultation was conducted with the village of Maoro which borders the unsealed roads approximately 7 km south of Auki. Approximately 61 members of the village community was in attendance. The key areas of discussion included:  The village members and the tribal leaders are supportive of the WB Road Works that will border their village and the overall road works on Malaita.  Quality of road works is important to the village.  Consultations with resource owners (landowners, gravel/aggregate owners is critical to avoid land disputes.  Tar sealing is preferred rather than grading and gravelling.  Consultations with the “House of Chiefs” will assist in project implementation and to mitigate against land disputes  Chief Leslie, Augiria Tribe, suggest that villages should take ownership of the project and support it any way it can. Chief Leslie, Augiria Tribe, has offered to provide free gravel on his portion of the road that borders his land. On Thursday, 23 August 2018 at 2pm, a consultation was conducted with the village of Gwaunoa which borders the unpaved road within the 7 km going towards Dala. Approximately 20 members of the village community was in attendance. The key areas of discussion included:  The village members and the tribal leaders are supportive of the WB Road Works that will border their village and the overall road works on Malaita.  Chief mentioned that this was the first-time consultations came to his village and was grateful that the project included Gwaunoa.  Chief is sure that consultations with other villages and resource owners will help to mitigate land disputes and avoid project delays.  The local clinic nurse suggested that the level of care and medical supplies will improve with the road upgrades.  Teacher and female stated that the improved roads will assist women groups to bring their goods and crafts to the market in Auki.  Social issues of GBV, SAE, and HT should be managed in the home and villages, to create awareness of these problems, but do not see it affecting her village in a major way.  Consultations should be done with all relevant villages near the roads and notifications posted to relevant villages prior to road works entering their area to mitigate against land disputes. 12 SBD$30 is considered the average cost of aggregate/gravel per cubic meter. SBD$50 is considered to be on the high-end of cost for aggregate/gravel per cubic meter Version D – February 2019 68 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades  Separate consultations should be done with resource owners (landowners, gravel/aggregate owners) to mitigate against land disputes. October 2018 saw more extensive consultations with a number of communities around the existing sealed sections of road. These consultations took place over two weeks through 12 scheduled consultation sessions to just under 450 people community members in total. Overall broad support for the project was demonstrated however a key point which was raised multiple times by various communities was the historically poor performance of national contractors when undertaking road maintenance and upgrades on Malaita’s road network. There is a stated desire among many communities requesting experienced and qualified contractors with appropriate machinery to be procured, possibly from overseas. The communities have highlighted that they have seen many donor funded road projects fail due to inexperienced national contractors with poorly maintained machinery and substandard methodologies. The final minutes of the consultations can be found in Appendix M. Subproject Specific Consultations and Stakeholder Engagement 8.2.1 Stakeholder Identification A stakeholder is defined as a person or group who has an interest in a particular decision or activity relating to SIRAP, either as an individual or as a representative of a group. This includes people who can influence a decision, or can influence actions, as well as those affected by it. For the SIRAP, stakeholder groups will include villages, schools and youth groups adjacent to road and bridge upgrades, provincial government, and its surrounding communities and villages. Stakeholders for Malaita road works have been and will continue to be identified on a continuing basis by:  Identifying the various categories of parties who may be affected by or interested in the project; and  Identifying specific individuals or organisations within each of these categories taking into account: o The expected area of influence of the project, that is the geographic area over which it may cause impacts (both positive and negative) over its lifetime, and therefore the localities within which people, schools and businesses could be affected; o The nature of the impacts that could arise and therefore the types of government bodies, NGOs, academic and research institutes and other bodies who may have an interest in these issues. 8.2.2 Stakeholder Groups Stakeholder groups applicable to the Malaita road upgrades under SIRAP are listed and described below. 8.2.2.1 National Government Authorities National authorities are defined as those agencies of the SIG who have the power to regulate or influence the Project in terms of granting permits or other approvals for the Project, and monitoring and enforcing compliance with SIG law throughout the project implementation cycle. It is important to continue a productive dialogue with these national authorities throughout project implementation. MINISTRY OF ENVIRONMENT, CLIMATE CHANGE, DISASTER MANAGEMENT AND METEOROLOGY (MECDM): The Ministry of Environment, Climate Change, Disaster Management and Meteorology (MECDM) is Version D – February 2019 69 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades responsible for sustainable environmental management, climate change adaptation and mitigation, disaster risk management and meteorological services for the Solomon Islands. The Ministry is organised into four technical divisions that look after each of the technical areas, namely environment and conservation, climate change, disaster management, meteorology. Within the MECDM, sits the Environment and Conservation Division (ECD). The ECD currently administers three Acts of Parliament including Environment Act 1998, Wildlife Protection and Management Act 1998 and Protected Areas Act 2010, with their respective Regulations. The Division’s key functions and areas of responsibility are stipulated in these three legislative frameworks. MINISTRY OF LANDS , HOUSING AND SURVEY: As part of the land due diligence for any future project under SIRAP, the Resettlement Policy Framework covers consultations with the Ministry. The Solomon Islands Government is supported by a Land Management System that Contributes to Social Stability, Economic Growth and Sustains the Environment. The key role of the Ministry is to:  Effectively deliver land administration to the government and the people of Solomon Islands based on fair, transparent and timely processes;  Registering Land Transactions;  Ensuring that land Rents are based on fair and transparent principles and that rents are collected on a timely basis;  Meeting the statutory requirements of surveying and valuations, and  Keeping land records in a secured manner. MINISTRY OF INFRASTRUCTURE DEVELOPMENT: The Ministry of Infrastructure Development focuses on the development of important infrastructures to support development. The mission of the Ministry is to design safe standards for bridges, wharves, or houses as required in natural disasters prone regions, to ensure that shipping and all transport industries operate to safe and efficient standards that ensure passenger and cargo safety, and to ensure that national transportation is well planned, affordable and conducive to both economic growth and social well-being, and that government housings, materials, equipment, vehicle fleet, plant and machinery are professionally maintained. MINISTRY OF FISHERIES AND MARINE RESOURCES: The identified LMMAs would fall under the oversight of the Ministry of Fisheries and Marine Resources who provide LMMA coordination and act as a focal point for regional efforts to boost capacity within community run LMMAs. The Ministry should be included in stakeholder consultations for any subprojects which have an LMMA along the route. 8.2.2.2 Local Governance Solomon Islands is a democratic country with the national parliament comprising 50 members, elected for a four-year term under the “first past the post” voting system. Each major island group within Solomon Islands elects a provincial assembly for a four---year term. The Premier is the Chief Administrator of the provincial affairs who is elected from the leader of the majority party or coalition from members of the provincial assembly. The Deputy Premier is appointed by the speaker of the Assembly upon the advice of the Premier. Solomon Islands has nine provinces with each having their own Premiers. Provincial governments may enact ordinances that are only consistent to national legislations. The Malaita Provincial Government based in Auki is the local authority that will have input and recommendations on the Malaita road works and upgrades. Version D – February 2019 70 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades 8.2.2.3 Affected Communities and Individuals This group will include all people who may be directly or indirectly affected by the SIRAP investments along the Malaita road works and upgrades. It will include communities, farmers and villages located adjacent to the road works and upgrades, hauling routes, and other relevant public sites. It will also include regular pedestrian users of the road such as youth groups and pupils from the schools as well as school teachers and leaders. 8.2.2.4 Civil Societies and NGOs This group includes smaller groups in society who may have an interest in the Malaita road works and upgrades and the SIRAP and its social and environmental aspects. OXFAM SOLOMON ISLANDS: OXFAM has branches on all major islands with the main office on Honiara. The key focus areas of OXFAM are:  Gender justice: Oxfam works with a local NGO called the Family Support Centre (FSC) to address gender-based violence, sexual abuse and child abuse. FSC offer emergency accommodation, legal and counseling services, run educational programs, maintain a resource library and raise awareness of GBV and women and children’s rights. They work closely with support agencies such as the police, as well as NGOs.  Capacity building: Oxfam is strengthening FSC’s long term sustainability and organizational development.  Community engagement: We support community members as facilitators to run workshops that look at social inclusion, gender stereotypes, violence triggers and alternative actions.  Advocacy: Oxfam is encouraging agencies including the government and the judiciary to work together to promote and ensure the safety of women. SOLOMON ISLANDS NATIONAL COUNCIL OF WOMEN: The Council was founded to represent women in the Solomon Islands, with a vision of "Women as Equal Partners in the Development of Solomon Islands". It encourages the participation of women in decision-making on the Islands. The objectives of the organisation are as follows:  Promote and coordinate activities for women throughout Solomon Islands;  Act as a representative body for women to the SIG and other entities;  Advise the SIG on policies and issues of concern to women;  Undertake awareness and advocacy on international relevant instruments;  Provide a forum through which women can have a voice on issues affecting them;  Encourage participation of women in decision making processes and bodies;  Promote awareness at all levels women’s concerns;  Promote formation of effective partnerships with other entities as appropriate; and  The Malaita Provincial Council of Women works in coordination with the National Womens Council to advocate and support women issues on Malaita. SAVE THE CHILDREN: Save the Children (STC) in the Solomon Islands focuses on empowering children and young people with the knowledge and tools they need to create better lives for themselves. Through child protection programs, STC aims to change communities’ behaviour towards children and reduce physical, sexual and emotional abuse. Version D – February 2019 71 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades STCs youth engagement programs help young people to create sustainable livelihoods, participate in their communities and avoid dangerous behaviour such as drinking and taking drugs. STC also works to improve access to early childhood education and help communities to better prepare for disasters. WORLD VISION: World Vision Solomon Islands have an office in Auki. They work to promote children’s health throughout their projects. They work to improve the overall wellbeing of children by increasing community knowledge on health issues, nutrition, pregnancy and health practices. There is also a focus on providing valuable clean and safe water and encourage improved hygiene practices through their water, hygiene and sanitation (WASH) projects. Their education and economic project aim to improve nutrition and lifestyles for children and their communities. DISABLED PERSONS ORGANSIATIONS (DPOS ): People with Disabilities Solomon Islands (PWDSI) is the only DPO located on the Solomon Islands. PWDSI is a central, registered, urban-based non-profit organisation with a constitution, an elected board, full-time, paid and voluntary staff and secure office facilities. It is an organisation founded and managed by people with disabilities in Solomon Islands, to advocate for the rights of people with disabilities and to work together to improve their situation in Solomon Islands RELIGIOUS ORGANISATIONS : Church activity and attendance is a core practice for locals and require close and ongoing communication and consultations with church leaders. LOCAL FARMERS AND AGRICULTURAL GROUPS: Road side vendors and farmers who work along the road and use the road for their business needs. 8.2.2.5 Land Administration & Management Group (LAOG) Division The Land Administration, Management & Operations Group (LAOG) performs the core land administration function and processes within the Ministry of Lands, Housing and Survey. It performs the most vital role in supporting the Commissioner of Lands by virtue of the Lands and Title Act (Cap 133) who holds the interests in Land for and on behalf of the Government of SI, and who deals in land subject to the directions of the Land Board. Two Divisional units and 1 supporting Unit directly support the work of the Commissioner of Lands under LAOG in the executing of its function under the Lands and Titles Act. They are the Rural lands Unit, Urban lands Unit, and Land records Management & data. These units carryout the land administration functions and land records & data Management responsibilities which include:  Acquisition of Customary Land as provided for under the Lands & Titles Act (Cap 133) and the preparation of all completed CL Forms for land registration.  Administering of land applications & allocation processes through the approved land Tendering system endorsed by the Commissioner of Lands and preparation of all required land transaction documents & instruments.  Processing of any encumbrances of registered interest on land such as Charges, Discharges, easements, Right of Way, variations, renewals and extension of expired land parcels, Notices for forfeiture and re-entry, Subdivisions, Surrender of Estates, Variation, Offers for Land, Rental revisions, withdrawals, Consent, land transaction backlog, land correspondences, appointments and daily queries from the public.  Lands records Management systems is Regularly updated, Safe, efficient, secure, professionally managed and able to support the operations of Land administration, research, legal documentation and land tendering system. Version D – February 2019 72 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades 8.2.2.6 Public The public will be stakeholders in the development and implementation of the road works that will be conducted on Malaita. 8.2.3 Stakeholder Engagement and Consultation Program (SECP) For each subprojects, the ESMF SECP shall be incorporated and adapted to be relevant to the ESMP. During this process the focus and scope of the SECP will change to reflect the varying stages of project implementation and to encompass any changes to project design. The implementation plan is included in Table 4. 8.2.4 Key Messages Key messages will need to be developed for each subproject as each component is prepared in more detail during implementation. For the physical investments planned for the Malaita road works, the key messages should be developed around the following and confirmed once the project details are confirmed: Malaita Road Works Key Messages:  Ministry of Infrastructure and Development will improve oversight and monitoring of road works  Improved access to larger markets for rural communities  Improved safety  Improved economic development for village communities  Improved commerce for local businesses and women groups  Increase in job opportunities for locals 8.2.5 Implementation Plan The Implementation Plan (Table 3) is to be adapted for each of the ESMPs developed for the SIRAP Malaita subprojects. The plan is for the lifecycle of the subproject and constitutes the following components: Activity: the various operational consultation activities that will be undertaken as part of the SECP Objective: the target that each activity needs to reach Stakeholder: the various stakeholders to be targeted during implementation of the SECP activity; and Medium: the method by which the engagement or consultation will be done As the subprojects are confirmed, the SECP and implementation plan shall be incorporated into the ESMPs in consultation with the SIRAP CLO. Table 3: ESMP Stakeholder Engagement and Consultation Implementation Plan No SIRAP Activity Timetable Objective Stakeholders Medium A: Physical Investments (Malaita Road Upgrades) Version D – February 2019 73 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades No SIRAP Activity Timetable Objective Stakeholders Medium Bring stakeholders along with the Feasibility, decision on decision making Structured Agenda the sites / around the site technologies, From subproject and type of One-on-One All identified A1 preliminary designs design through to investments. Consultations and identification of tendering. Discuss potential impacts and Public meetings correct land / resource owners. mitigation Emails and letters measures. Key messages To disclose ESMP Newspaper All identified Website Prior to tendering Advise Communities Disclosure of updates Prior to works stakeholders of One-on-one A2 Site occupants (State to the ESMP starting preliminary consultations owned enterprises. designs and Government agencies) Executive updated mitigation and Site users (if different Summary management plan. from above) Keep stakeholders involved in any Emails, One-on- design updates. Government agencies, one consultations Once Contractor is site occupants, site users Public Newspaper and A3 Pre-Construction on board and prior announcements websites to works starting Secure access to Communities Community resources Consultations (materials) To advise all All identified institutional stakeholders Newspaper stakeholders of Site occupants (State commencement Email/Letter owned enterprises. Week before of civil works. Government agencies) Commencement of commencement of A5 Works works and Community Notice continuous. To reconfirm Community Boards ongoing consultation, Site occupants (State Building Notice feedback and owned enterprises. Boards GRM processes Government agencies) Website Version D – February 2019 74 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades 8.2.6 Resources and Responsibilities The implementation of the SECP will be the overall responsibility of the SIRAP PMU, but on Malaita will be facilitated by the Community Liaison Officer. There are several facets to the works that are covered within this plan with MID being the common denominator across the works as such, it is important that MID are represented at each of the one-one-on consultations by a nominated staff member. The CLO who will take the lead role in the implementation of the Malaita SECP. The CLO will be responsible for arranging and facilitating these meetings as it appropriate with their in-depth knowledge of the natural, social and traditional environments within the Solomon Islands. The CLO will also be the focal point for all stakeholder queries and contacts in relation to the implementation of the Malaita SECP or the GRM. It is also the responsibility of the PMU and CLO to ensure that gender balance is achieved throughout the implementation of the SECP and the CLO will make culturally appropriate recommendations on strategies to achieve this such as focus group meetings for males and females or targeting female input through women’s groups. During the construction phase, the Contractor(s) will be required to participate in the public consultations. The costs for participation are considered included in the bid and this requirement will be included in their contract. Grievance Redress Mechanism During the course of these proposed works, it is possible that people may have concerns or grievances with the project’s performance which may include any aspect of the implementation or an activity or a component of the project. Issues may occur during project preparation, design, construction and again during operation. Any concerns will need to be addressed quickly and transparently, and without retribution to the affected person (AP) or group of people involved. Complaints can be made through different channels, such as the traditional local practices (e.g. village chiefs), online, phone, in-person, the local GBV/Human Trafficking/SAE Service Provider, the manager(s), or the Police. Complaints should be able to be made in different ways such as online, via telephone or mail, or in person. Anonymity should be ensured if the complainant so desires it, especially about GBV/Human Trafficking/SAE. This GRM has been developed to satisfy both SIG legislative and WB GRM requirements as well as being developed in line with the Country Safeguard Systems. Version D – February 2019 75 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades If there were a need to use the GRM then the following process is to be used. Complaints: Minor concerns or complaints that are given verbally to the Contractor or Supervision Engineer on site, the process would commence with an attempt to sort out the problem directly at the subproject level between the Contractor and the concerned individual or community. Most complaints arise during construction are expected to be minor complaints concerning traffic, dust or noise that should be able to be resolved quite easily. All complaints arriving at the Contractors Site Office are to be forwarded to the Contractors Community Liaison Officer (CLO) and entered into the complaints register that is maintained by the Contractor and kept at the site. Details recorded will be: date, name, contact address and reason for the complaint. A duplicate copy is given to the AP for their record at the time of registering the complaint. The register will show when the issue is to be dealt with and who has been directed to deal with the complaint, the date that the AP was informed of the decision and how the decision was conveyed to the AP. The register is then signed off the person who is responsible for the decision and dated. For most complaints, if immediate resolution is achieved and the complainant is satisfied, the matter will be recorded in the site diary and reported in the regular monthly report submitted and considered closed. Grievances: If the issue cannot be resolved at the complaint level then it will be considered to be a grievance and will be addressed by being referred by the Contractor or Supervision Engineer toward the National Safeguards Advisor within the PMU. The NSA will log it into the ‘Grievance and Complaints Logging System’ (GCLS) database for tracking and reporting on resolution. In accordance with the World Bank’s ‘Citizen Engagement’ commitments under IDA 17, key indicators from the GRM are published online at the SIRAP project website. Version D – February 2019 76 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades All complaints must be acknowledged within 24hrs. The following procedure is followed to address complaints: If it is impossible to resolve the complaint, or the complainant is not satisfied with the resolution, the case may be first escalated to Permanent Secretary (PS) of MID who will appoint a third party arbitrator to form part of a GRM committee. If the AP is dissatisfied with the recommendation of the GRM Committee and subsequent determination from the PS of the MID, the AP may appeal to court. This will be at the APs cost but if the court shows that the PS has been negligent in making their determination the AP will be able to seek costs. GCT: The SIRAP Code of Conduct and Action Plan for the Prevention of GBV, Human Trafficking, and SEA detail the specific GRM processes and responsibilities. The project shall establish a ‘GBV Compliance Team’ (GCT). The GCT will include, as appropriate to the project, at least four representatives as follows: the SIRAP PMU National Safeguards Advisor, an appropriate Contractors representative, the supervision engineer and, a representative from the GBV/Human Trafficking/SAE service provider. WB Level Resolution: In addition to the above project level GRM, communities and individuals who believe that they are adversely affected by a WB supported project may submit complaints to the WB’s Grievance Redress Service (GRS). The GRS ensures that complaints received are promptly reviewed in order to address project-related concerns. Project affected communities and individuals may submit their complaint to the WB’s independent Inspection Panel which determines whether harm occurred, or could occur, as a result of WB non- compliance with its policies and procedures. Complaints may be submitted at any time after concerns have been brought directly to the WB’s attention, and WB Management has been given an opportunity to respond. For information on how to submit complaints to the World Bank’s corporate GRS, please visit http://www.worldbank.org/GRS. For information on how to submit complaints to the World Bank Inspection Panel, please visit www.inspectionpanel.org. Version D – February 2019 77 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades 9 Institutional Capacity Project Support Team The SIG has delegated the delivery and management of SIRAP to a dedicated PMU which has been resourced with personnel specifically tasked to manage project implementation. As such, the PMU carries much of the institutional capacity required by the SIG to implement the project and to monitor the works for compliance. The PMU will be resourced with an experienced National Safeguards Specialist who will be responsible for monitoring for compliance with the ESMF, World Bank policies and Solomon Island legislation. The PMU project office in Malaita will be resourced with an experienced Community Liaison Officer who will support the PMU and Contractor to manage community relations, identify and facilitate negotiations for land access and provide a focal point for community contact with the PMU. For any additional support in areas of expertise that may be required by PMU, the PAIP TFSU is tasked with either providing that support directly or assisting with any procurement of additional expertise or capacity that may be required. Environment and Conversation Department Review process: the ECD have the technical capacity within their department to review and assess submissions for DC, however they are under staffed and this can delay the review process for submissions. It is advised that prior to the submission of the SIRAP PERs, the SIRAP NSS liaise with the ECD to arrange an external reviewer for the review process, funded by the proponent. Monitoring: Consultations with the ECD have revealed that although the ECD has monitoring responsibilities for development consents they issue, they often lack the financial resources to monitor projects off Guadalcanal. The SIRAP NSS should liaise with ECD to ensure that the monitoring requirement are integrated with the PMU monitoring to support compliance with the development consents. Capacity Building: The ADB have undertaken an assessment of the ECD capacity and have developed a list of recommended capacity building needs. The NSS in consultation with the TFSU Safeguards Specialists and the Director of ECD will identify any of the recommended capacity building actions that SIRAP can address throughout the implementation of the project. Civil Works Other parties who have implementation or monitoring responsibilities (Supervision Engineer, Contractor) are required to be resourced with suitably experienced and qualified safeguards specialists. It is the responsibility of the Contractor and Supervision Engineer to ensure that they allocate budget lines to have the necessary tools and equipment for the mitigation and monitoring measures as stipulated in the resulting ESMPs. Capacity Building Successful implementation of the Project will depend among others on the effective implementation of the environmental and social management measures outlined in the ESMPs. Training and capacity building will be necessary for the key stakeholders in order to ensure effective implementation of the Environmental and Social Management Framework (ESMF). Capacity building should be viewed as more than training. It is human resource development and includes the process of equipping individuals with the understanding skills and access to information, knowledge and training that enables them to perform effectively. Therefore, it should also include awareness-raising and sensitization, besides technical training. Version D – February 2019 78 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades AWARENESS -RAISING: for stakeholders who need to appreciate the significance/relevance of environmental and social issues throughout the project life cycle. SENSITISATION: to the issues for stakeholders that need to be familiar enough with the issues so that they can make informed and specific requests for technical assistance. TECHNICAL TRAINING: for stakeholders who will need to use the ESMF tools, analyse potentially adverse environmental and social impacts, to prescribe mitigation approaches and measures, and to prepare and supervise the implementation of management plans. It is the responsibility of the Contractor to ensure that all workers have sufficient technical training to be able to implement the provisions of this ESMF through their CESMP. The Contractor is to ensure that they have the budget provision to conduct identified training for their workers and that sufficiently skilled resources are made available to deliver the relevant training. Version D – February 2019 79 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades 10 ESMF Implementation Budget The costs of implementing the ESMF listed here are related to PMU costs in addition to the dedicated safeguards PMU personnel budget line item. The main costs of implementing this ESMF relate to institutional capacity and stakeholder capacity building, ongoing consultation facilitation costs between the CLO and the Malaita communities, Sub project screening, PMU on site monitoring, outreach road safety programs. Item Details Cost (USD) ESMF Technical Training MID & PMU Malaita Field Staff (Year 1). 10,000 Training to be given by NSS in Malaita. ESMF awareness raising and With key Malaita stakeholders and 60,000 sensitisation communities (US$15,000 per year) CLO equipment Computer, communications (phone, internet, phone credit) (US$5,000 first year 11,000 plus US$2,000 per years 2, 3 & 4) Consultation facilitation Fuel, MID vehicle maintenance contribution, administrative support, refreshments 60,000 (US$15,000 per year) Subproject screening Associated costs are for site visits by NSS: flight, accommodation, per diem, fuel for 20,000 MID vehicle (US$4,000 per subproject, estimate 5 subprojects) CLO Travel Project meetings, workshop or training attendance in Honiara for CLO: flights, 10,000 accommodation, per diem (US$2,000 per trip estimate 5 trips) Project monitoring Associated costs are for quarterly audits by NSS: flight, per diem, fuel for MID vehicle 32,000 (US$2,000 per quarter) Community outreach School road safety program (using local 25,000 NGOs & CLO), travel cost, printed materials Total 228,000 Version D – February 2019 80 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Appendix A: SIRAP Roads Map Version D – February 2019 81 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Version D – February 2019 82 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Appendix B: Malaita Quarry Maps Version D – February 2019 83 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Version D – February 2019 84 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Appendix C: Environmental and Social Screening Maps Version D – February 2019 85 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Version D – February 2019 86 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Version D – February 2019 87 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Version D – February 2019 88 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Version D – February 2019 89 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Version D – February 2019 90 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Version D – February 2019 91 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Version D – February 2019 92 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Version D – February 2019 93 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Version D – February 2019 94 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Version D – February 2019 95 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Version D – February 2019 96 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades Appendix D: General Mitigation Measures Version D – February 2019 97 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades POTENTIAL NEGATIVE IMPLEMENTING ESTIMATED SUPERVISING ENVIRONMENTAL AND SOCIAL MITIGATION MEASURES EXECUTING AGENCY IMPACT LOCATION MITIGATION COSTS13 AGENCY DETAILED DESIGN/ PRE-CONSTRUCTION MOBILISATION STAGE Road traffic safety Road safety audit conducted before design process commences to inform Malaita $15,000 Supervision MID designers, and then of design prior to tendering. Engineer The bid documents will require a Traffic Management Plan (TMP) to be All haulage routes Supervision developed by Contractor. For each haul route, the TMP will need to include and along project Minimal (requirement Contractor Engineer measure to address: Layout plans; Vehicle traffic; Pedestrian traffic affected roads of bidding (particularly on bridges that construction traffic will use); Commercial marine documents) traffic; Sensitive receptors (management near and consultation with) such as schools, residential dwellings, markets, churches, etc.); Management of increased heavy load traffic associated with transportation from the port. The TMP should follow the guidelines set in the Safe Traffic Controls for Road Works Field Guide (www.works.gov.pg/files/roads- bridges/IF003_PNGFieldGuide.pdf) and adapted for the Malaita works. The TMP will be included as an annex to the CESMP. Contractor is required to have a speed monitoring system in place to allow all vehicles to be monitored for adherence to speed of travel and only using approved haul routes. Educational outreach program on road safety to be developed by PMU for USD$25,000 PMU MID implementation in Malaita schools on project roads throughout duration of SIRAP implementation. The program will be designed to include the police and a local Malaita drama/theatre group replicating other successful models of road traffic safety education. Program will be designed to target 2 age ranges: primary and high school. Road works will also include the design and installation of traffic safety To be determined PMU MID signage along the road network, particularly targeting busy pedestrian areas. Subproject design will include solutions for pedestrian safety/management on bailey bridges. Solutions to include methods of separating pedestrians and 13 Costs are estimates only and will be calculated during the detailed engineering design. Version D – February 2019 98 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades POTENTIAL NEGATIVE IMPLEMENTING ESTIMATED SUPERVISING ENVIRONMENTAL AND SOCIAL MITIGATION MEASURES EXECUTING AGENCY IMPACT LOCATION MITIGATION COSTS13 AGENCY traffic on current narrow spans. Solutions may include provision of separate walkways fixed to existing structures. Loss of Access to Assets For an areas of road reserve which may be temporarily needed during the Malaita Part of project and Contractor CLO and PMU NSS and and Land construction phase of the project and which are subject to encroachment contract costs PMU CLO TFSU Safeguard from the surrounding communities, under OP4.12 consultations will be Specialist undertaken with the asset owner to facilitate any temporary relocation of the asset (e.g. market stall) for the duration of those works. Section 5.3.4 and associated Appendix will be used to inform the ESMP where relevant. Short term rental of land for lay down or stockpile sites will follow the process in 5.3.4 Rights to extract aggregates from quarries will be established following negotiations with the resource owner as detailed in section 5.3.4 Declaration of new public Any roads or rights of way declared during the project preparation or Malaita undeclared Unknown but not MID PMU PMU NSS, TFSU roads or rights of way implementation will be required to adhere to the requirements of Section road or right of way part of current Safeguard 5.3.5 and OP4.12 and all process related to the declaration will be viewed network project costs Specialist, WB through the lens of OP4.12. Safeguard Specialist and The fee for the public road or right of way easement (either voluntarily or Commissioner of through land acquisition) will be assessed under the parameters of OP4.12 Lands and will take into consideration that the nature and severity of land use impacts will be the same for landowners who voluntarily enter into an easement and those who do not. Influx of Labour Contractor will be required to produce a Workers Management Plan (WoMP) Malaita Part of standard Contractor Supervision for the Malaita works to describe recruitment strategy, worker contract costs Engineer accommodations, accommodation facilities and management of off duty workers. Worker Management Plan will follow requirements of this PESMP and the IFC Workers Accommodation Standards and Guidelines. Workers Management Plan will be required as part of the bid submission and will be Version D – February 2019 99 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades POTENTIAL NEGATIVE IMPLEMENTING ESTIMATED SUPERVISING ENVIRONMENTAL AND SOCIAL MITIGATION MEASURES EXECUTING AGENCY IMPACT LOCATION MITIGATION COSTS13 AGENCY further developed and included as an annex in the CESMP for clearance by the Supervision Engineer. All Project worker will be required to undertake HIV, GBV and SEA prevention training and sign the associated Code of Conduct prior to commencement of works. The Contractor is required to maximise the number of local workers from the Malaita communities. The Malaita Provincial Government will endeavor to provide a list of local workers and skills for the contractor, prior to mobilizing. Preference should be given to a local recruitment process, only relying on workers from other islands or from overseas for vacancies which cannot be filled locally. As part of the WoMP, the Contractor will be required to submit a list of roles along with required qualifications or experience and the planned recruitment strategy for that role (i.e. local or regional/overseas). The Contractor will be required to provide justification for any roles not filled locally. Work permits will only be granted for workers with skills unavailable in the SI. Should international workers be found to be performing jobs that can be done by locals (e.g. driving vehicles), the Supervision Engineer will notify the contractor and the SIG who will cancel the work permits. The contractor will be required to return them home within 48 h of notification by the Supervision Engineer. For recruitment of SI nationals which cannot be fulfilled by the local community, it is preferred that it is undertaken through a formal recruitment process which ensures that only people who are already employed are travelling to the project site. Ad hoc employment of casual labour is not permitted. Any project staff who are recruited from overseas are subject to visa approval. As part of the visa application process, all workers are required to submit a medical report, an element of which is a HIV test. All oversea workers must complete this test and submit their medical report to the immigration department before appropriate visas can be issued. As part of the visa application process all overseas workers will also be required to Version D – February 2019 100 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades POTENTIAL NEGATIVE IMPLEMENTING ESTIMATED SUPERVISING ENVIRONMENTAL AND SOCIAL MITIGATION MEASURES EXECUTING AGENCY IMPACT LOCATION MITIGATION COSTS13 AGENCY provide a police background check from their home country. It is also contractual requirement for all overseas SIRAP project works to provide SIRAP PMU with police background clearances prior to arrival in country, regardless of the visa application process. Soil erosion Minimize erosion and design erosion protection measures according to All locations Minimal (part of Design Consultants SIRAP PMU international good practice standards, including incorporation of effective standard design drainage systems (soakage pits) and consideration of surface flow paths. practices) Contingency Plan must detail soil erosion prevention measures in event of Contractor SIRAP PMU storm or heavy rain event. Dust / Air Pollution Identify and locate waste storage sites, stockpile sites and equipment (e.g. All components Minimal (part of Contractor Supervision crushing plant) at least 100 m away from any residential settlements, water standard design Engineer / PMU bodies, streams or rivers, to minimize impacts on the environment and practices) NSS nearby population. The CESMP should include a provision for quarry dust control; all equipment including crushers, aggregate processors, generators etc. should / if possible, be located in the quarry pit to minimize dust emissions. Ensure all equipment is serviced and issued with warrant of fitness (as required). Any machinery deemed to be polluting the air must be replaced (or fixed) on instruction by the Supervision Engineer and/or the ECD. Water and soil pollution Soakage pits should not be installed directly into a shallow aquifer. All components Minimal (part of SIRAP PMU & standard design and Supervision Minimise risk to groundwater and surrounding soil by developing a spill construction Contractor Engineer response plan and provide training to all contract workers on how to practices) implement the spill response plan. Precautions should be in place to prevent wastewater and hazardous substances or materials entering the environment (e.g. fuel spillage, wastewater containing fire retardant during firefighting), The spill response plan should include factors associated with both the construction and operational phases and should be available at all SIRAP locations. Version D – February 2019 101 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades POTENTIAL NEGATIVE IMPLEMENTING ESTIMATED SUPERVISING ENVIRONMENTAL AND SOCIAL MITIGATION MEASURES EXECUTING AGENCY IMPACT LOCATION MITIGATION COSTS13 AGENCY Ensure bunded areas and hard stands are allocated at construction lay down area for the storage of fuel, lubricants and other potential substances required for the project. Water tight bunds to be able to contain 110% of volumes being stored or 25% if total volume greater than 1,000 L. Ensure wash down areas with respective collection and treatment systems are designated within the construction camp (e.g. settling pond or tank and concrete slurry treatment) prior to works commencing. Sanitation treatment system (e.g. removal of waste to landfill, compost or proprietary treatment system) is approved by the Supervision Engineer prior to implementation. Relevant Water permits (River Waters Act) are in place No run off from laydown sites, construction works or other project activities will enter any LMMAs either from direct run off or via discharge into a river. Water supply The Contractors will need to ensure adequate supply of water for All components Minimal (part of Contractor Supervision construction and personnel which does not adversely affect local standard design Engineer & SIWA community’s water supply. practices) Sourcing aggregate Ensure locally sourced aggregate is sourced under appropriate permit from All components Minimal (part of Contractor Supervision material approved quarry sources and are operating in accordance with SIG law. Prior standard design and Engineer, SIRAP to any quarries being selected for the SIRAP project, public consultation will construction CLO, SIRAP be completed with any affected parties relating to re-opened quarry sites. practices) National Consultations will also be completed with the correct land owners to secure Safeguards access to site and resource extraction. Consultations and negotiations will be Specialist & ECD done under the direction of the CLO. If the Contractor applies for their own Building Materials License, they will be required to follow national consenting requirements and to produce a Quarry Management Plan as per the requirements of ESMF & ESMP and included as an annex in the CESMP for clearance. The following conditions apply to site selection for new river extraction sites: Version D – February 2019 102 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades POTENTIAL NEGATIVE IMPLEMENTING ESTIMATED SUPERVISING ENVIRONMENTAL AND SOCIAL MITIGATION MEASURES EXECUTING AGENCY IMPACT LOCATION MITIGATION COSTS13 AGENCY i. All sites will be subject to approval and permitting under both the Mines and Minerals Act (Building Materials Permit) and the Environment Act (Development Consent); ii. Limits to volume of material extracted from any one source will be set in light of the ability of the source to regenerate and likely environmental impact as a result of the extraction. As with any extraction, there are limits after which localized or more extensive environmental impacts may occur. This might be due to facilitation of erosion or sedimentation which could alter the immediate environment or impact directly upon flora and fauna; iii. Access to gravel extraction sites will be negotiated with land owners and users, in the event that an access is purpose built, should the owner not want to keep the access, the contractor will be responsible for reinstating the land to its pre-project condition; iv. Any rivers or streams identified as being a natural habitat14 under OP4.04 Natural Habitats or forming part of a protected area (including the buffer zone of a protected area), a proposed protected area, or having conservation value, being habitat for rare or endangered aquatic species or birds, comprising part of the intertidal zone, comprising swamp or wetland, or including mangroves, will not be permitted to be used as sources of gravel; v. Any rivers or streams that are used as a fresh water source for villages should not be used as a materials source as gravel extraction will cause increased sedimentation and turbidity. In cases where such rivers or streams must be used, alternative water sources, such as drilled or dug wells, upstream of extraction sites and works, must be provided for the villages; vi. Use of approved machinery for gravel extraction from rivers such as excavator or backhoe. Dredging or similar operations for the winning of construction material will not be permitted; 14 Natural habitats are land and water areas where (i) the ecosystems' bio-logical communities are formed largely by native plant and animal species, and (ii) human activity has not essentially modified the area's primary ecological functions. Version D – February 2019 103 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades POTENTIAL NEGATIVE IMPLEMENTING ESTIMATED SUPERVISING ENVIRONMENTAL AND SOCIAL MITIGATION MEASURES EXECUTING AGENCY IMPACT LOCATION MITIGATION COSTS13 AGENCY vii. A number of sites for extraction are preferred over a large volume being taken from one location; viii. In respect of maximum volumes to be removed from any one source, any river gravel removal for the subproject will be managed in accordance with the aggregate extraction guidelines and conditions of approval for the extraction plan; ix. Gravel or material should not be extracted from river bends, and if required, river training be undertaken; x. Any extraction sites and borrow areas close to roads will be located at least 15 m outside the right-of-way of roads, extraction from the sides of roads in a way that could undermine the roads will not be permitted; xi. Any extraction sites within rivers will have a 200m buffer zone between the site and the coastline. xii. Site and pit restoration will follow the completion of works in full compliance with all applicable standards and specifications; xiii. Any topsoil excavated from the top of sites and borrow pit areas will be saved and reused in re-vegetating the sites and pits to the satisfaction of the National Safeguard Specialist; xiv. Additional extraction sites and/or borrow pits will not be opened without the restoration of those areas no longer in use; and xv. The excavation and restoration of sites and borrow areas, as well as their immediate surroundings, will be undertaken in an environmentally sound manner to the satisfaction of the National Safeguard Specialist. Sign-off to this effect by PMU will be required before final acceptance and payment under the terms of the contract. For quarries on Malaita, the Contractor will recruit a CLO experienced in road maintenance projects and they will be responsible for engaging with the SIRAP Community Liaison Officer to develop relationships with quarry owners and their communities. During this process, the Contractor CLO and the PMU CLO will identify the required traditional exchange of services which would enable the project to extract aggregate. This traditional exchange of services will be acceptable within the context of the WB Safeguards Polices and may be in addition to the usual fee paid for the aggregates. Prior to any Version D – February 2019 104 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades POTENTIAL NEGATIVE IMPLEMENTING ESTIMATED SUPERVISING ENVIRONMENTAL AND SOCIAL MITIGATION MEASURES EXECUTING AGENCY IMPACT LOCATION MITIGATION COSTS13 AGENCY commitment being given to the communities, the agreement will be approved by the Supervision who will take advice from the SIRAP National Safeguard Specialist and SIRAP Project Manager. For rivers on Malaita, the extraction limit will be set based on ability of the resource to regenerate and the potential environmental impacts. Contractor is required adhere to these limits and change the quarry source as the project work site move. This will also ensure that the communities nearest to the work are given the opportunity to benefit from this economic activity. This will also provide more community support to the project rather than sourcing aggregates from a remote location compared to the work site. Imported aggregates will be from an existing permitted quarry in an approved country of origin. The source quarry must be operating in compliance with the conditions of their own national permit and good international standards. Supervision Engineer to approve source quarries prior to purchases agreements being signed. To prevent inter-island spread of GAS, stockpile sites for imported and local aggregates which are transshipped through Honiara will be decontaminated and a biosecurity perimeter will be maintained at the Honiara stockpile site in conjunction with the SIG Biosecurity department, following the system developed by MID for their road aggregate stockpile site. The contractor will be required to present specific management plans for the sea and land transportation of these materials from the origin to the project site, especially the landing facility. These plans will be approved by the Supervision Engineer Solid waste generation Solid Waste Management Plan to be completed following requirements of All locations Minimal (part of Contractor Supervision ESMP (based on the content of this ESMF). SWMP will be included as an standard design and Engineer appendix to the CESMP for clearance by the Supervision Engineer. construction practices) At all times, the Contractor is responsible for the safe and sound disposal of all solid waste generated by the Works. Solid waste includes: Version D – February 2019 105 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades POTENTIAL NEGATIVE IMPLEMENTING ESTIMATED SUPERVISING ENVIRONMENTAL AND SOCIAL MITIGATION MEASURES EXECUTING AGENCY IMPACT LOCATION MITIGATION COSTS13 AGENCY  General waste (i.e. office type waste, household waste (from any workers camps), lightweight packaging materials).  Recyclable waste (i.e. certain plastics, metals, rubber etc. that can be recycled).  Organic biodegradable waste (i.e. waste that will decay / break down in a reasonable amount of time, such as green waste, food waste).  Inorganic non-recyclable waste (i.e. waste that cannot decompose / break down and which cannot be recycled).  Hazardous waste (i.e. asbestos, waste oil etc.) No solid waste will be disposed of on Malaita and will instead be exported to a permitted landfill site which can accommodate the project waste. The Honiara City Council should be consulted on their willingness and ability to receive the Malaita waste. The Ranadi Landfill operated by Honiara City Council (HCC) Environmental Health Division. The landfill has a drainage system along with settling and digestion ponds to capture leachate.  General waste (including only small quantities of lightweight packaging waste) can be disposed of at Honiara, subject to HCC approval. In addition to this and with the approval of the Supervision Engineer:  Organic biodegradable waste may be deposited in designated dumping areas in reasonable quantities.  Recyclable waste may be supplied to a local receiver licensed to process such waste. The SWMP shall describe solid waste streams generated by the works and detail the approved disposal methods along with permissions. At all times, the Contractor is responsible for solid waste generated by the Works in accordance with the Environmental Health Act. Version D – February 2019 106 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades POTENTIAL NEGATIVE IMPLEMENTING ESTIMATED SUPERVISING ENVIRONMENTAL AND SOCIAL MITIGATION MEASURES EXECUTING AGENCY IMPACT LOCATION MITIGATION COSTS13 AGENCY The SWMP should adhere to the SIG Environmental Health Act and follow the guidelines provided in Appendix E. As a minimum the SWMP will make provisions for the following:  Describe the solid waste streams generated by the works along with estimated quantities.  Develop a plan for safe storage and handling of waste stored on the project site as per the stipulations in this PESMP.  Identify approved service providers for collection and disposal of waste and stipulate conditions of carriage.  Detail the approved disposal methods along with appropriate permissions.  Confirm with HCC the process and permissions for using Ranadi Landfill for handling general project waste and septic waste.  Contractor shall contact HCC to determine whether any quantities of the projects hazardous waste materials generated by the project are suitable to be handled at the Ranadi Landfill and obtain any permissions necessary.  Contractor shall seek permission from HCC to disposal of organic biodegradable waste in their designated managed area.  Recyclable waste may be supplied to a local receiver licensed to process such waste.  Contractor to identify shipping route and licensed disposal facilities for all exported waste.  Contractor to identify any export permits or conditions for export of waste.  Identify those persons responsible for implementing and monitoring the SWMP. Any waste which cannot be safely and correctly disposed of in the SI is to be disposed of OFFSHORE in permitted or licensed facilities. It is the Contractor’s responsibility to obtain all necessary permissions for transport and safe disposal of hazardous waste from the project site in a legally designated hazardous waste management site within the country or in another country, and to ensure compliance with all relevant laws. Evidence will need to be Version D – February 2019 107 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades POTENTIAL NEGATIVE IMPLEMENTING ESTIMATED SUPERVISING ENVIRONMENTAL AND SOCIAL MITIGATION MEASURES EXECUTING AGENCY IMPACT LOCATION MITIGATION COSTS13 AGENCY supplied to the Supervision Engineer of proper disposal of waste at the final location. The export of any hazardous waste must be in compliance with the Basel and Waigani Conventions and any relevant laws enacted by source and the recipient countries. Disused material may be generated in the form of surplus aggregates or surplus materials from excavations. Most of the clean fill material can either be used to backfill areas where old equipment or infrastructure has been removed or as a resource for general use by MID and the community. Clean fill materials which are not able to be reused within the timeframe of the project implementation shall be transported to a location approved by the MID to be stored for future use by the Ministry. This location shall also be subject to approval by the Supervision Engineer. Unless otherwise instructed by the Supervision Engineer, other surplus materials not needed during the defects liability period shall be removed from the site and the country. Hazardous substances Where possible fuel shall be obtained from local commercially available All locations Minimal (part of Contractors SIRAP PMU sources. Prior arrangement regarding quantity and type will need to be mobilisation and organised by the contractor. All fuel to be stored in self-bunded containers construction planning) In all SIRAP project locations, fuel should only be stored in self bunded containers within designated areas that are designed to store and facilitate operations associated with it (e.g. re-fuelling). Spill Response Plan to be developed by Contractor and workers trained. The response plan should include details on the use of spill kits and absorbent items to prevent spills entering the receiving sensitive environment (ground, surface water). This spill response plan should be applicable to all SIRAP project works areas. A spill response plan should be in place for both the construction phase and operational phase. Identify suitable area for hardstand and bunded storage areas. These areas will be at least 150m inland from any LMMA. Version D – February 2019 108 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades POTENTIAL NEGATIVE IMPLEMENTING ESTIMATED SUPERVISING ENVIRONMENTAL AND SOCIAL MITIGATION MEASURES EXECUTING AGENCY IMPACT LOCATION MITIGATION COSTS13 AGENCY Any empty asphalt or bitumen drums will be removed offshore and either returned to supplier or disposed of in a legally approved facility outside Solomon Islands. Importation of equipment The Contractor is to arrange for their vehicles and machinery to be thoroughly All components Minimal (part of Contractor Supervision and materials cleaned of all contamination prior to shipping (e.g. soil, rocks, plant material, mobilisation and Engineer seeds, etc). Items shipped inside containers must also have the inside of the construction container thoroughly cleaned of all previous cargo residues, including planning) dunnage. Obtain import permits and quarantine certification prior to export from country of origin. Certificate of fumigation and verification of source (as per national requirements) to be submitted to Quarantine Inspectors and approved by the Supervision Engineer prior to delivery to site. The contractor will be required to present specific management plans for the sea and land transportation of these materials from the origin to the project site, especially the landing facility. These plans will be approved by the Supervision Engineer Community grievances Ensure that public consultation and disclosure communication is completed All components Minimal (part of Supervision SIRAP PMU CLO at regular intervals with full involvement of SIRAP CLO to ensure that the mobilisation and Engineer & TFSU public are fully aware of the SIRAP works. Consultation should include all construction aspects of the project including the road works site, quarries and transport planning) routes. Consultation shall include raising awareness of the project GRM, how to complain and how complaints will be managed. Advertise, maintain and operate a grievance response mechanism, including publishing statistics on resolutions. SIRAP PMU TFSU Human Trafficking During the implementation phase of the SIRAP works on Malaita, it will be Malaita $250,000 (included in SIRAP PMU MID, TFSU, WB critical for the SIRAP PMU (through the National Safeguards Specialist and FM Plan) Task Team Community Liaison Officer) to work with local NGOs, CSOs, and Government departments to undertake a gap assessment of the current social safety net framework that is in place on Malaita. This framework should be assessed in Version D – February 2019 109 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades POTENTIAL NEGATIVE IMPLEMENTING ESTIMATED SUPERVISING ENVIRONMENTAL AND SOCIAL MITIGATION MEASURES EXECUTING AGENCY IMPACT LOCATION MITIGATION COSTS13 AGENCY comparison to the Honiara framework where capacity, funding and connectivity is stronger than in Malaita, albeit thinly manned. The gap assessment should particularly involve the Family Support Center and the social welfare division of the Ministry of Health. It should also address the fact that none of the service providers in Malaita have statutory powers which makes it difficult to deal with cases involving children. The results of the gap assessment will be shared with all relevant stakeholders. In addition to the gap assessment, the SIRAP PMU will work with the MID and other relevant ministries and NGOs to provide stakeholders and communities on Malaita with the SIRAP prevention of GBV, HT and SEA training to help raise awareness within communities and within enforcement organisations. The SIRAP Project should also consider additional funding to develop institutional capacity within the safety net organisations. This capacity building will follow on from the work carried out on the Pacific Aviation Investment Program, specifically within the Tuvalu Aviation Investment Project. Local business grievances Ensure that local businesses/roadside vendors and are included in the public Malaita locality Minimal (part of Contractor Supervision consultation and disclosure communication process. Regular communication mobilisation and Engineer should be made with affected parties to ensure that they are fully aware of construction the proposed program of works and how to complain and how complaints planning) will be managed. CONSTRUCTION STAGE Traffic (vehicle and Implement the traffic management plan (TMP) to ensure smooth traffic flow Route from quarries Safety equipment Construction Supervision pedestrian) and and safety for workers, passing vehicles and pedestrian traffic. and ports to included in Contractors Engineer construction safety laydown sites construction cost Where appropriate, employ flag operators on the road to prevent traffic accidents. The workers shall have relevant safety equipment and training. The TMP should prohibit the use of engine breaking close to and through communities and inhabited areas, it should also regulate the working hours for the haul trucks. Version D – February 2019 110 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades POTENTIAL NEGATIVE IMPLEMENTING ESTIMATED SUPERVISING ENVIRONMENTAL AND SOCIAL MITIGATION MEASURES EXECUTING AGENCY IMPACT LOCATION MITIGATION COSTS13 AGENCY Contractor to report on adherence to speed limits and use of haulage routes in monthly reports. Human Trafficking During the implementation phase of the SIRAP works on Malaita, it will be Malaita Additional to National SIRAP PMU WB & TFSU critical for the SIRAP PMU (through the National Safeguards Specialist and Safeguard Specialist Community Liaison Officer) to work with local NGOs, CSOs and Government TOR and therefore departments to undertake a gap assessment of the current social safety net not currently included framework that is in place on Malaita. This framework should be assessed in in project costs comparison to the Honiara framework where capacity, funding and connectivity is stronger than in Malaita. The results of the gap assessment will be shared with all relevant stakeholders. In addition to the gap assessment, the SIRAP PMU will work with the MID and other relevant ministries and NGOs to provide stakeholders and communities on Malaita with the SIRAP prevention of GBV, HT and SEA training to help raise awareness within communities and within enforcement organisations. Soil erosion Minimise time and size of ground disturbing activities to workable size at any All locations Minimal (part of Construction Supervision one time. Ensure sediment traps are in place prior to works commencing. standard construction Contractors Engineer Vegetation to be removed manually, strictly no use of herbicides/ pesticides. practice) Division bunding or other similar methods to be used for large areas of vegetation clearance and around excavations. Keep construction vehicles on defined tracks. Re-vegetate disturbed areas that are not being paved as soon as practicable (loosen ground; apply topsoil; seed or plant as necessary). Vegetation Clearance The Contractor will limit any areas to be cleared to the minimum workable Laydown and Minimal (part of Contractor Supervision area. storage sites standard construction Engineer and practice) National Any significant vegetation (crop trees, important shade trees, boundary Safeguard marker species, etc) will be identified prior to any clearance and appropriate Specialist compensation or avoidance measures will be secured (consultations Version D – February 2019 111 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades POTENTIAL NEGATIVE IMPLEMENTING ESTIMATED SUPERVISING ENVIRONMENTAL AND SOCIAL MITIGATION MEASURES EXECUTING AGENCY IMPACT LOCATION MITIGATION COSTS13 AGENCY facilitated by the National Safeguards Specialists and CLO) prior to establishment of laydown and storage sites. 100m buffer zone established around water courses and LMMA. Contractors machinery operators to understand boundaries. Cleared vegetative material to be disposed of by communities for fuel wood. Waste disposal Implement approved Solid Waste Management Plan. All locations Minimal (part of Contractors Supervision standard construction Engineer No solid waste is to be disposed of on Malaita. The Ranadi Landfill operated practice) by Honiara City Council (HCC) Environmental Health Division. The landfill has a drainage system along with settling and digestion ponds to capture leachate.  General waste (including only small quantities of lightweight packaging waste) can be disposed of at Honiara, subject to HCC approval. In addition to this and with the approval of the Supervision Engineer:  Organic biodegradable waste may be deposited in designated dumping areas in reasonable quantities.  Recyclable waste may be supplied to a local receiver licensed to process such waste. Ensure areas for waste collection, recycling and off-site disposal are clearly marked/sign posted. Segregate waste to avoid cross contamination, such as with contaminated material (hazardous substance). Install waste collection facilities at construction lay down area to allow for collection and packing of waste. Strictly no dumping of rubbish. Include awareness training in general environmental training. If access to existing facilities is not available, workers must be provided with a sanitary system to prevent fouling of surrounding soils. Sanitary system must be of sufficient size for the number of workers and must take into account the disposal situation at the local landfill. Version D – February 2019 112 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades POTENTIAL NEGATIVE IMPLEMENTING ESTIMATED SUPERVISING ENVIRONMENTAL AND SOCIAL MITIGATION MEASURES EXECUTING AGENCY IMPACT LOCATION MITIGATION COSTS13 AGENCY Any waste which cannot be safely and correctly disposed of in the SI is to be disposed of OFFSHORE in permitted or licensed facilities. It is the Contractor’s responsibility to obtain all necessary permissions for transport and safe disposal of hazardous waste from the project site in a legally designated hazardous waste management site within the country or in another country, and to ensure compliance with all relevant laws. Evidence will need to be supplied to the Supervision Engineer of proper disposal of waste at the final location. The export of any hazardous waste must be in compliance with the Basel and Waigani Conventions and any relevant laws enacted by source and the recipient countries. Disused material may be generated in the form of surplus aggregates or surplus materials from excavations. Most of the clean fill material can either be used to backfill areas where old equipment or infrastructure has been removed or as a resource for general use by MID and the community. Clean fill materials which are not able to be reused within the timeframe of the project implementation shall be transported to a location approved by the MID to be stored for future use by the Ministry. This location shall also be subject to approval by the Supervision Engineer. Unless otherwise instructed by the Supervision Engineer, other surplus materials not needed during the defects liability period shall be removed from the site and the country. The Contractor is responsible for the collection and treatment of the septic waste. Temporary toilets and disposal or treatment of wastewater will need to be in accordance with the ECD and MID advice (for example construction and training in use of compositing toilet facilities). Water and soil pollution Spill response kits available at all locations where fuel is stored. Spill All locations Minimal (part of Contractors Supervision response plan training completed for all construction workers. standard construction Engineer & ECD practice) Precautions should be in place to prevent wastewater and hazardous substances / materials entering the environment (e.g. fuel spillage, wastewater containing fire retardant during firefighting), however should an incident occur, the Contractor must have a spill response plan must be in Version D – February 2019 113 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades POTENTIAL NEGATIVE IMPLEMENTING ESTIMATED SUPERVISING ENVIRONMENTAL AND SOCIAL MITIGATION MEASURES EXECUTING AGENCY IMPACT LOCATION MITIGATION COSTS13 AGENCY place. The response plan should include details on the use of spill kits and absorbent items to prevent spills entering the receiving sensitive environment (ground, surface water). This spill response plan should be applicable to all SIRAP project works areas (quarries, and transport routes). A spill response plan should be in place for both the construction phase and operational phase. Zones for preliminary accumulation of waste should be designated in areas that will cause no damage to the vegetation cover or leach into groundwater or surface water (e.g. within construction lay down area on hard surface). Excavations are bunded to prevent ingress of water runoff and clean water diversion (e.g. sand bags, clay bund, or shallow trenches) are used to direct overland flow away from active work and storage areas. Soakage pits should not be installed directly into a shallow aquifer. Control overland drainage to prevent channelling and sediment transport by diverting flows away from exposed areas. Sediment laden runoff from excavations or stockpiles must be directed to a settling area or collected for dust suppression provided the runoff is not contaminated with any chemicals (e.g. fuel). Discharges of treated wash water are to occur to land only, at least 500m from any bore used for potable water at a rate not exceeding 20mm/day or the infiltration rate of the ground (i.e. no ponding or runoff). In sections along the river or coastal area, earth and stone should be properly disposed of so as not to block rivers as this could result in adverse impact on water quality. Generation of dust Use closed/covered trucks for transportation of construction materials. All locations Minimal (part of Construction Supervision standard construction Contractors Engineer Any vehicle which is overloaded (exceed designed load limit) or is not covered practice) properly shall be refused entry to the construction lay down area or material shall be refused delivery (if not to the construction lay down area). Cover or wet down stockpiles containing fine material (e.g. sand and topsoil) when not actively being used. Wetting of stockpiles is allowed but due to freshwater constraints should be kept to a minimum. Version D – February 2019 114 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades POTENTIAL NEGATIVE IMPLEMENTING ESTIMATED SUPERVISING ENVIRONMENTAL AND SOCIAL MITIGATION MEASURES EXECUTING AGENCY IMPACT LOCATION MITIGATION COSTS13 AGENCY All surfaces should be constructed to their final design solution as quickly as practicable. Keep work areas clean with regular sweeping. Only small areas should be cleared of vegetation at any one time and re- vegetation should occur as soon as practicable. Dust masks and personnel protective equipment must be available for workers during dust generating activities (e.g. pavement milling). Manage speed of transportation trucks on unsealed roads, particularly when passing through settlements. Noise and vibration Minimise nuisance from noise, especially closer to residential areas and All locations Minimal (part of Construction Supervision disturbances sensitive receptors, through establishment and communication to affected standard construction Contractors Engineer, SIRAP parties of working hours and avoid increase of noise and number of work practice) PMU & ECD equipment at outside of advertised hours. Advertise working hours at the site entrance. If possible, use noise barriers / screens or mounds to shield sensitive receptors. No works to be undertaken at night or on a Sunday. Regularly check and maintain machinery, equipment and vehicle conditions to ensure appropriate use of mufflers, etc. Workers in the vicinity of sources of high noise shall wear necessary protection gear rated for the situation they are being used. Signage to outline complaints procedure (GRM) and contact details of recipient of complaints (e.g. phone number, physical address and email). The WB/IFC EHS Guidelines15 Section 1.7 – Noise Management shall be applied. Noise impacts should not exceed the levels at the closest residential or other sensitive social receptors for one hour LAeq of 55 dBA between the 15 International Finance Corporation, Environmental Health and Safety Guidelines, General Guidelines: Noise Management Version D – February 2019 115 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades POTENTIAL NEGATIVE IMPLEMENTING ESTIMATED SUPERVISING ENVIRONMENTAL AND SOCIAL MITIGATION MEASURES EXECUTING AGENCY IMPACT LOCATION MITIGATION COSTS13 AGENCY hours of 0700-2200 or 45 dBA outside of these hours for night works, or result in a maximum increase in background noise levels of 3dB at the nearest receptor location off site. The nearest sensitive receptors are expected to change as the work moves along the roads and will be determined the closest residences to the active works and to the construction camps and/or crushing plant. Accident risks/Impacts on Implement TMP. All locations Safety equipment Construction Supervision traffic safety included in Contractors Engineer Arrange necessary measures for pedestrian and passer-by safety and all construction cost means of transportation safety (e.g. establish protection zones, by-pass these areas during transportation of materials, etc.) Minimal (part of standard construction Relevant safety elements such as guardrails, road signs and delineators, practice) pavement markings, barricades and beams, warning lights shall be installed. In some cases a flag operator or traffic control supervisor could be engaged around the specific work site. Contractor to report on adherence to speed limits and use of haulage routes in monthly reports. Conduct road safety audit prior to completion of construction to ensure road safety designs properly implemented. Chance find of objects and In the event of the discovery of an item as defined above, the finding must be All locations No marginal cost Contractors MCA/ loss of archaeological registered and the information shall be handed over to The Museum of Supervision artefacts or sites Solomon Islands (under the Ministry of Culture and Tourism) who will advise Engineer on how they shall monitor the construction works. Work to stop in specific location of unearthed artefacts or site. Fence the area to limit access and notify SIRAP PMU and Supervision Engineer immediately for instruction to proceed. Chance Find procedure for discovery of UXO to be followed as per ESMF Appendix J. Contractor must immediately stop work and clear the work site of all personnel. The discovery must immediately be reported to the Supervision Engineer, MID and the Royal Solomon Islands Police Force (RSIPF). Version D – February 2019 116 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades POTENTIAL NEGATIVE IMPLEMENTING ESTIMATED SUPERVISING ENVIRONMENTAL AND SOCIAL MITIGATION MEASURES EXECUTING AGENCY IMPACT LOCATION MITIGATION COSTS13 AGENCY Landscape degradation Contractor is required to submit a Site Decommissioning and Restoration All locations Minimal (part of Contractors SIRAP PMU/ Plan. The plan will describe all activities with regard to site restoration and standard construction Supervision landscaping in areas such as borrow pits, quarries, camps, crushing plants, practice) Engineer / ECD etc. to ensure that the activities are done to an appropriate and acceptable standard. The sites must be restored to at least the same condition and standard that existed prior to commencement of works. The plan will be approved by the Supervision Engineer Restoration of quarries to be completed in accordance with PESMP. Restoration of landscape after completion of rehabilitation works; restore the vegetation cover in accordance with the surrounding landscape and any required design (e.g. grass land or shrubs). Use plant species characteristic for the landscape in the course of restoration of the vegetation cover. Should the removal of mature trees be necessary for operational safety, determine whether OP4.12 would be triggered and ensure all appropriate measures and permissions are in place before removal of trees. Photographs will be taken of any laydown and stockpiling sites prior to establishment and provided to Supervision Engineer. Photos will be used as a guide during restoration and post-restoration photographs are required to be submitted to the Supervision Engineer. Hazardous substances Store and handle hazardous substances self-bunded tanks or drums. With the All locations Safety equipment Contractors Supervision and safety and pollution Supervision Engineer’s permission may alternatively be store in bunded, hard included in Engineer stand or designated areas only. Bunded areas to drain to an oil water construction cost separator which will need to be constructed or a mobile proprietary unit imported specifically for use on the SIRAP. Bunds to contain 110% of total Minimal (part of volume required to be stored or 25% of total volume if total volume is over standard construction 1,000 L. practice) Provide hazard specific personnel protective equipment to workers directly involved in handling hazardous substances (e.g. chemical or heat resistant clothing, gloves). Version D – February 2019 117 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades POTENTIAL NEGATIVE IMPLEMENTING ESTIMATED SUPERVISING ENVIRONMENTAL AND SOCIAL MITIGATION MEASURES EXECUTING AGENCY IMPACT LOCATION MITIGATION COSTS13 AGENCY Complete list, including safety data sheets (SDS) for each hazardous substances stored or used shall be accessible at all times. Signage to be posted in storage areas identifying all chemicals present. Precautions should be in place to prevent wastewater and hazardous substances / materials entering the environment (e.g. fuel spillage, wastewater containing fire retardant during firefighting), however should an incident occur, the Contractors spill response plan must be in place. The response plan should include details on the use of spill kits and absorbent items to prevent spills entering the receiving sensitive environment (ground, surface water). This spill response plan should be applicable to all SIRAP project works areas. A spill response plan should be in place for both the construction phase and operational phase. Spill kits and training of use to be provided to all workers during toolbox meetings. Spill kits to contain PPE for the spill clean-up (e.g. appropriate gloves [nitrile] and overalls), material to contain the spill and absorbent pads, and a heavy duty rubbish bag to collect absorbent pads or material. Waste oil to be collected and removed abroad to an approved facility (for disposal or cleaning) at completion of works. Health and safety Fully implement OHS requirements in ESMP. All locations Included as Contractor Supervision provisional sum in the Engineer / SIRAP Have safety officer with suitable qualifications available at all times during bill of quantity PMU construction. Ensure all workers have undergone suitable induction training on OHS with regular training over course of project. Prepare site specific safety plans specifying responsibilities and authorities. Health and safety documentation to include all areas of the project (e.g. quarries and transport routes). Ensure all occupational health and safety requirements are in place on construction sites and in work camps. Construction lay down area to be fenced to prevent access by unauthorised personnel. Version D – February 2019 118 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades POTENTIAL NEGATIVE IMPLEMENTING ESTIMATED SUPERVISING ENVIRONMENTAL AND SOCIAL MITIGATION MEASURES EXECUTING AGENCY IMPACT LOCATION MITIGATION COSTS13 AGENCY First aid training to be provided as required to site workers with basic first aid services to be provided by Contractor e.g. stretcher, vehicle transport to hospital. Provide education on basic hygiene practices to minimize spread of diseases. Increase workers’ HIV/AIDS and sexually transmitted disease (STD) awareness, including information on methods of transmission and protection measures. Prohibit usage of drugs and alcohol on construction sites and undertake regular alcohol testing. Install lights and cautionary signs in hazardous areas. Enhance safety and inspection procedures. Ensure use of PPE and consider providing for on-site storage of workers allocated PPE. Damage to assets and Maintain high standard of site supervision and vehicle and plant operation to All locations Dependent on asset/ Contractors Supervision infrastructure reduce risks of damage to water, power and telecommunication lines. infrastructure and Engineer / SIRAP level of damage PMU Prepare procedures for rapid notification to the responsible authority (MID and service providers). As a result of SIRAP construction activities any damage to assets or infrastructure (including public roads) must be reported to the MID and rectified at the expense of the Contractors. Provide assistance with reinstatement, in the event of any disruption. Accidental damage to community assets including crop trees or agricultural will be compensated (facilitated by CLO) by the Contractor under the national valuation guidelines. Version D – February 2019 119 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades POTENTIAL NEGATIVE IMPLEMENTING ESTIMATED SUPERVISING ENVIRONMENTAL AND SOCIAL MITIGATION MEASURES EXECUTING AGENCY IMPACT LOCATION MITIGATION COSTS13 AGENCY Community engagement Implement the community engagement plan from this ESMP. All components Minimal (part of SIRAP National SIRAP PMU and grievances standard construction Safeguards Specialist Maintain a grievance response mechanism at the SIRAP project website. practice) Supervision Ensure that public consultation and disclosure communication is completed Engineer at regular intervals to ensure that the public are fully aware of the SIRAP project program of activities and the GRM process. Consultation should include all aspects of the project including the road works, quarries and transport routes. Supervision Contractor Engineer & SIRAP Contractor will recruit road maintenance expert from Malaita to assist in National developing relationships with quarry owners. Safeguard Specialists SIRAP CLO will be the Contractors key facilitator for all consultations. Signage should be used in public areas around the SIRAP project sites advising the complaints procedure and contact details of key project individuals responsible for responding to issues raised. Local business grievances Ensure that local businesses are included in the public consultation and Roadside Minimal (part of Supervision SIRAP PMU disclosure communication process throughout the construction phase. standard construction Engineer Regular communication should be made with affected parties to ensure that practice) they are fully aware of the proposed program of works and the GRM. Signage should be used in public areas around the vicinity of works advising the complaints procedure and contact details of key project individuals Contractor Supervision responsible for responding to issues raised. Engineer Version D – February 2019 120 Prepared for Ministry of Infrastructure Development Solomon Islands Roads and Aviation Project Environmental and Social Management Framework Malaita Road Infrastructure Upgrades POTENTIAL NEGATIVE IMPLEMENTING ESTIMATED SUPERVISING ENVIRONMENTAL AND SOCIAL MITIGATION MEASURES EXECUTING AGENCY IMPACT LOCATION MITIGATION COSTS13 AGENCY OPERATION STAGE Human Trafficking The SIRAP Project should also consider additional funding to develop Malaita Additional to Project SIG WB institutional capacity within the safety net organisations. This capacity Costs building will follow on from the work carried out on the Pacific Aviation Investment Program, specifically within the Tuvalu Aviation Investment Project. Road Safety Ongoing program by MID to raise awareness of road and pedestrian safety Malaita Additional to Project Malaita Provincial MID through encouraging safe driving and safe use of roads by pedestrians Costs Government Version D – February 2019 121 Prepared for Ministry of Infrastructure Development Version D – February 2019 Prepared for Ministry of Infrastructure Development 122 Appendix E: General Monitoring Plan Version D – February 2019 Prepared for Ministry of Infrastructure Development 123 MONITORING PARAMETER TO MONITOR LOCATION MONITORING FREQUENCY RESPONSIBILITY DETAILED DESIGN/ PRE-CONSTRUCTION PHASE Ensure approved TMP established for project. TMP Traffic safety CESMP documents Prior to commencing civil works Supervision Engineer includes all requirements of ESMF Development Consent, permits and consent Development Consents & Permits CESMP Document Prior to approval of CESMP Supervision Engineer conditions are included in the CESMP Ensure Contractor has produced a CESMP to the CESMP approved CESMP Documents appropriate standard and this has been reviewed Prior to commencing civil works Supervision Engineer and cleared by WB and SIRAP PMU Ensure safety plan established for project as per OHS Plan Design documents Prior to commencing civil works Supervision Engineer requirements of ESMF Ensure Contingency Plan is completed and Soil erosion CESMP documents approved. Storm event management and soil Prior to sign off of final designs Design Consultant erosion prevention measures to be included. Suggested water source and supply network to be Water supply CESMP documents Prior to commencing civil works Supervision Engineer included in designs Ground water quality monitoring for project baseline. The parameters include pH, electrical conductivity, total petroleum hydrocarbons (for Prior to establishment of laydown site Ground water quality Laydown sites Supervision Engineer potential petroleum contamination), and total and asphalt plan nitrogen (for potential sewage contamination), or as agreed with ECD and the SIRAP NSS Proposed storm water management / drainage design (e.g. use of oil-water separator) to consider impacts on hydrology, receiving environments and Storm water management CESMP documents Prior to commencing civil works Supervision Engineer also contamination risk Version D – February 2019 Prepared for Ministry of Infrastructure Development 124 MONITORING PARAMETER TO MONITOR LOCATION MONITORING FREQUENCY RESPONSIBILITY Upon confirmation of which quarries are to supply aggregate verify quarry operations to ensure any required permits or approvals are in place. Ensure correct resource and land owners have Quarry operations Quarry signed acceptable agreement for extraction and/or Prior to commencing civil works Supervision Engineer land access. Ensure TMP is included in procurement documentation for transport of materials from the quarries to the airport. Approval to import material and equipment is given prior to material and equipment leaving Importation of equipment and country of origin. Contractor to organize prior to export Importation permits Supervision Engineer materials from country of origin. Ensure bio-secure stockpile site it established with SIG Biosecurity Department CONSTRUCTION PHASE Documentation viewed prior to Permits and/or agreements with local waste construction works starting Agreement for waste disposal Contractor’s records disposal providers and licensed recycling Supervision Engineer Weekly as applicable to schedule of operators. Inspection of disposal sites. works. Inspections at sites to ensure silt fences, diversion Weekly inspection as applicable to Areas of exposed soil and drains etc. are constructed as needed. Inspection Soil erosion schedule of works and after site Supervision Engineer earth moving to ensure replanting and restoration work restoration. completed. Inspection to ensure waste is not accumulating and evidence waste has been stockpiled for removal to licensed landfill, removal from Solomon Islands if Weekly inspection as applicable to At construction and quarry Waste disposal required, recycling or returning to supplier. schedule of works and on receipt of Supervision Engineer sites any complaints. Inspections to ensure waste streams are sorted for re-use, recycling or waste to landfill. Version D – February 2019 Prepared for Ministry of Infrastructure Development 125 MONITORING PARAMETER TO MONITOR LOCATION MONITORING FREQUENCY RESPONSIBILITY Ensure all storage tanks are self bunded. Inspection of sites to ensure waste collection in defined area; spill response plan in place and workers trained at all SIRAP HIR locations. Complete spill kits available where hazardous Weekly inspection as applicable to substances sorted and handled. schedule of works and on receipt of any complaints Supervision Engineer Any encounters with potentially or confirmed contaminated soil are reported to MID and ECD. Water and soil pollution At construction sites Inspect soakage pits siting directly above any underlying aquifer (if present). Ground water monitoring as per parameters in PESMP. The parameters include pH, electrical Once midway through conductivity, total petroleum hydrocarbons (for implementation and once prior to Supervision Engineer potential petroleum contamination), and total demobilisation nitrogen (for potential sewage contamination), or as agreed with ECD and the SIRAP NSS. Site inspections. Regular visual inspections to At construction sites, quarries Weekly inspection as applicable to ensure stockpiles are covered when not in use and Dust and adjacent sensitive schedule of works and on receipt of Supervision Engineer trucks transporting material are covered and not receptors any complaints. overloaded. Site inspections to ensure workers wearing appropriate PPE when required. Measurement of noise level (one hour LAeg) at closest social receptors (residences) to active work Weekly inspection as applicable to sites, construction camps and lay down areas not Noise At work sites schedule of works and on receipt of Supervision Engineer to exceed 45dB between 2200-0700 or 3dBA above any complaints. background. Public signage detailing complaints procedure and contact people/person on display. Version D – February 2019 Prepared for Ministry of Infrastructure Development 126 MONITORING PARAMETER TO MONITOR LOCATION MONITORING FREQUENCY RESPONSIBILITY Noisy machinery is replaced or fixed as soon as problem arises or on instruction by Supervision Engineer. Site inspections to ensure equipment and machinery operating without excessive emissions. If an issue is reported the contractor is responsible Weekly inspection as applicable to for replacing or fixing the equipment to the Air pollution At work sites schedule of works and on receipt of Supervision Engineer satisfaction of Supervision Engineer. Bitumen and any complaints. asphalt processes plants to be located away from closest communities Regular site inspections to ensure material is At work sites and construction stored within bunded area and spill response Weekly as applicable to schedule of Storage of fuel, oil, etc. camp. Contractors training training for workers completed. Visual inspection works and on receipt of any Supervision Engineer log. of spill kit for completeness and accessibility. complaints. Checking that staff are trained on use of spill kits. Regular inspections to check that TMP is Weekly inspection as applicable to Vehicle and pedestrian safety At and near work sites implemented correctly (e.g. flags and diversions in schedule of works and on receipt of Supervision Engineer place) and workers wearing appropriate PPE. any complaints. Inspections to ensure workers have access to and are wearing (when required) appropriate Weekly inspection as applicable to Construction workers and staff safety At work sites personnel protective equipment (e.g. for handling schedule of works and on receipt of Supervision Engineer (personal protective equipment) hazardous materials). Guidelines in ESMF any complaints. implemented. Inspections to ensure signs and fences restricting Weekly inspection as applicable to access are in place and pedestrian diversion routes Community / local business safety At work sites schedule of works and on receipt of Supervision Engineer clearly marked (whether for access to a building or any complaints. home or particular route). Monitor the GRM database for the number and Community grievances At all locations type of grievances and the average number of days Weekly MID PMU to resolve a grievance. Monitor the GRM database for the number and Local business grievances At and near work sites type of grievances and the average number of days Weekly At and near work sites to resolve a grievance. Version D – February 2019 Prepared for Ministry of Infrastructure Development 127 MONITORING PARAMETER TO MONITOR LOCATION MONITORING FREQUENCY RESPONSIBILITY Evidence that trucks are not overloaded and loads Weekly visual inspection as applicable Materials supply Quarry and work sites are covered e.g. complaints register, evidence of to schedule of works and on receipt of Supervision Engineer debris on the road. any complaints. OPERATION (Recommended for Consideration by MID) After significant rain events and 6 Drainage system operational Roadside Inspection and clean out of open channel drainage. monthly to remove sediment. MID Version D – February 2019 Prepared for Ministry of Infrastructure Development 128 Appendix F: Example CESMP Monitoring Checklist Version D – February 2019 Prepared for Ministry of Infrastructure Development 129 Malaita Road Improvement Project Weekly CESMP INSPECTION Solomon Island Roads and Aviation Project Sub IMPLEMENTING SUBPROJECT: Project XXXX MID AGENCY: DATE: CONTRACTOR: SUPERVISION PREPARED BY: CONSULTANT DISTRIBUTION LIST: Inspection Participants: (insert names and positions) CESMP Items (edit as necessary Applicable Compliance Target/ Status based on approved CESMP for Issues Action Required/Taken Actual (R)/(O) relevant subproject) Yes No Date 1. Mitigation & Management Measures: Construction Phase Soil Erosion: - Silt fences and diversion drains in place - Replanting and restoration work completed Version D – February 2019 Prepared for Ministry of Infrastructure Development 130 CESMP Items (edit as necessary Applicable Compliance Target/ Status based on approved CESMP for Issues Action Required/Taken Actual (R)/(O) relevant subproject) Yes No Date Water Accumulation and Disposal Agreements: - Good housekeeping around the work sites - Waste collected in defined area on impermeable ground or containers - Separation of waste into (i) Recyclable waste (i.e. certain plastics, metals, rubber etc. that can be recycled); (ii) Organic biodegradable waste (i.e. waste that will decay / break down in a reasonable amount of time, such as green waste, food waste; (iii) Inorganic non-recyclable waste (i.e. waste that cannot decompose / break down and which cannot be recycled) and, (iv) Hazardous waste (i.e. asbestos, waste oil etc.) - Hazardous waste stored in safe and appropriate manner. - Waste management plan in place and operating for proper disposal Soil and Water Pollution: - Appropriate spill response plan/kit in place for waste area - No visible spills on soil or uncovered ground - Drainage and soakage systems clear and fit for purpose - Surface water monitoring on a quarterly basis Version D – February 2019 Prepared for Ministry of Infrastructure Development 131 CESMP Items (edit as necessary Applicable Compliance Target/ Status based on approved CESMP for Issues Action Required/Taken Actual (R)/(O) relevant subproject) Yes No Date Dust and Materials Transport: - Stockpiles covered or kept wet when not in use - Visual inspection of ambient dust conditions on site and at nearby sensitive locations - Truck transports are covered - No evidence of aggregate spills on haulage route Noise: - Workers wearing ear protection as required - Noise level maximum of 45dB between 2200-0700 - No complaints received relating to noise Air Pollution: - Equipment operating without excessive emissions - Bitumen and asphalt plant emissions move away from nearby communities Fuel and Oil Storage: - Substances stored in self-bunded vessels or within bund on impermeable surface - Spill kit complete and accessible - Spill training completed - No evidence of spills on the ground TMP Implementation: - Traffic Management Plan (TMP) under effective implementation Version D – February 2019 Prepared for Ministry of Infrastructure Development 132 CESMP Items (edit as necessary Applicable Compliance Target/ Status based on approved CESMP for Issues Action Required/Taken Actual (R)/(O) relevant subproject) Yes No Date Community and Local Business Consultation: - Public signage of complaints procedure - Signs and fences restrict or direct pedestrians and public where appropriate. Materials Supply: - Quarry establishment and operations in fully compliance with ESMP - All quarries licensed to supply materials - All imported materials with appropriate biosecurity clearances Laydown Area: - Laydown areas established on pre- approved sites - Laydown areas dust levels managed efficiently - Traffic management plan correctly implemented at laydown site - Water run off management systems operating correctly - Dust management effectively implemented Version D – February 2019 Prepared for Ministry of Infrastructure Development 133 CESMP Items (edit as necessary Applicable Compliance Target/ Status based on approved CESMP for Issues Action Required/Taken Actual (R)/(O) relevant subproject) Yes No Date Workers Camp (if applicable): - Camp established in accordance with Code of Practice in PESMP Annex E. - Septic system cleaned and fully operational. - Waste stored in an appropriate location in a clean and tidy manner, segregated by waste type. - Workers living and recreational areas clean and properly equipped. - OHS, HIV/AIDS, GBV, Human Trafficking, CAE and other information available Monitoring - Weekly safeguards compliance report completed Compliant, Minor Non-Compliance, Significant Non-Compliance Status: (R) Resolved Issues, (O) Ongoing Issues Notes: Required Actions: Environmental Specialist: Signed: Date: Version D – February 2019 Prepared for Ministry of Infrastructure Development 134 Appendix G: Implementation Plan Guidelines  Solid Waste Management  OHS Management Plan  Workers Camp Management Plan  Quarry Management Plan Version D – February 2019 Prepared for Ministry of Infrastructure Development 135 Solid Waste Management Plan Guidelines The key objectives of this solid waste management plan (SWMP) guidelines is to assist the Contractor to develop a SWMP that: 1. Maximise the amount of material which is sent for reuse, recycling or reprocessing 2. Minimise the amount of material sent to the landfill 3. Satisfies the national waste management legislations 4. Statisfies the EHS requirements of the World Bank When developing, and implementing a SWMP the following key elements should be considered: 1. Waste streams: identify which waste streams are likely to be generated and estimate the approximate amounts of materials Undertake inventory of materials that can be reused, recycled or recovered from the construction site:  Specific types of materials: a full list of options is provided in the assessment table below  Amount of material expected  Possible contamination by hazardous materials like asbestos or lead: these materials will limit reuse/recycling options and require special disposal. Waste and/or Recyclable Materials Destination Reuse and recycling Disposal Possible Materials Estimated On-site (How Off-site (Specify Specify the Generated Volume (m3) or will materials be the proposed disposal site Area (m2) or reused and/or destination and permit if weight (t) recycled on site) and/or recycling required. facility) Timber (specify type) Wood waste (e.g. MDF, plywood) Cardboard Ferrous materials (e.g. iron, steel) Nonferrous materials (e.g. copper wiring) Concrete Roofing tiles Ceramic tiles Gravel Gypsum board (e.g. drywall) Plaster Plumbing fixtures and fittings Version D – February 2019 Prepared for Ministry of Infrastructure Development 136 Carpet and underlay Stone Asphalt Glass Sand/fill Topsoil Green waste Asbestos Fluorescent light bulbs Hazardous materials (e.g. oils, paints, solvents) Plastics PVC Co-mingled recyclables (e.g. paper, cans, glass and plastic bottles, carboard, etc) General waste (e.g. food waste, contaminated food packaging, non- recyclable plastics) Mixed waste 2. Services: identify an appropriately equipped waste management contractor who will provide compliant services for disposal of the waste streams generated. 3. On-site: understand how the waste management system (sorting and storage) will work on-site, including bin placement and access. Determine storage requirements (separate bins or co-mingled), things to consider include:  Ease of use: ensure that containers are easily accessible by workers and that storage areas are clearly sign posted  Safety: ensure that the containers and storage can be managed safely, including limiting public access to the site and protecting against FOD  Hazardous waste materials storage  Aesthetics: ensure that the site appears orderly and will not raise concern from local residents or businesses – for example screening for dust and litter containment and daily collection of windblown material  Establish a collection/delivery plan in collaboration with waste contractors for waste and recyclable materials generated on-site. Version D – February 2019 Prepared for Ministry of Infrastructure Development 137 4. Clearly assign and communicate responsibilities: ensure those involved in the project are aware of their responsibilities in relation to the construction waste management plan. 5. Training: be clear about how the various elements of the WMP will be implemented. 6. Monitor: to ensure the plan is being implemented, monitor on-site as per the PESMP monitoring plan. Version D – February 2019 Prepared for Ministry of Infrastructure Development 138 OHS MANAGEMENT PLAN GUIDELINES 1. Objective The objective of this S guideline is to provide guidance on the:  key principles involved in ensuring the health and safety of workers is protected;  preparation of Health and Safety Sub-plans and associated Job Safety Analyses (JSA); and  implementation of Health and Safety Sub-plans during project implementation. The key reference document for this Guideline is the World Bank Group’s Environmental, Health, and Safety (EHS) Guidelines (April 2007) together with the relevant Industry Sector EHS Guidelines available at www.ifc.org/ehsguidelines. 2. Principles Employers must take all reasonable practicable steps to protect the health and safety of workers and provide and maintain a safe and healthy working environment. The following key principles are relevant to maintaining worker health and safety: 2.1 Identification and assessment of hazards Each employer must establish and maintain effective methods for:  Systematically identifying existing and potential hazards to employees;  Systematically identifying, at the earliest practicable time, new hazards to employees;  Regularly assessing the extent to which a hazard poses a risk to employees. 2.2 Management of identified hazards Each employer must apply prevention and control measures to control hazards which are identified and assessed as posing a threat to the safety, health or welfare of employees, and where practicable, the hazard shall he eliminated. The following preventive and protective measures must be implemented order of priority:  Eliminating the hazard by removing the activity from the work process;  Controlling the hazard at its source through engineering controls;  Minimizing the hazard through design of safe work systems;  Providing appropriate personal protective equipment (PPE). The application of prevention and control measures to occupational hazards should be based on comprehensive job safety analyses (JSA). The results of these analyses should be prioritized as part of an action plan based on the likelihood and severity of the consequence of exposure to the identified hazards. 2.3 Training and supervision Each employer must take all reasonable practicable steps to provide to employees (in appropriate languages) the necessary information, instruction, training and supervision to protect each employee's health and to manage emergencies that might reasonably be expected to arise in the course of work. Version D – February 2019 Prepared for Ministry of Infrastructure Development 139 Training and supervision extends to the correct use of PPE and providing employees with appropriate incentives to use PPE. 2.4 General duty of employees Each employee shall:  take all reasonable care to protect their own and fellow workers health and safety at the workplace and, as appropriate, other persons in the vicinity of the workplace;  use PPE and other safety equipment supplied as required; and  not use PPE or other safety equipment for any purpose not directly related to the work for which it is provided. 2.5 Protective clothing and equipment Each employer shall:  provide, maintain and make accessible to employees the PPE necessary to avoid injury and damage to their health;  take all reasonably practicable steps to ensure that employees use that PPE in the circumstances for which it is provided; and  make provision at the workplace for PPE to be cleaned and securely stored without risk of damage when not required. The application of prevention and control measures to occupational hazards should be based on comprehensive job safety analyses (JSA). The results of these analyses should be prioritized as part of an action plan based on the likelihood and severity of the consequence of exposure to the identified hazards. 3. Design Effective management of health and safety issues requires the inclusion of health and safety considerations during design processes in an organized, hierarchical manner that includes the following steps:  identifying project health and safety hazards and associated risks as early as possible in the project cycle including the incorporation of health and safety considerations into the worksite selection process and construction methodologies;  involving health and safety professionals who have the experience, competence, and training necessary to assess and manage health and safety risks;  understanding the likelihood and magnitude of health and safety risks, based on: o the nature of the project activities, such as whether the project will involve hazardous materials or processes; o The potential consequences to workers if hazards are not adequately managed;  designing and implementing risk management strategies with the objective of reducing the risk to human health;  prioritising strategies that eliminate the cause of the hazard at its source by selecting less hazardous materials or processes that avoid the need for health and safety controls; Version D – February 2019 Prepared for Ministry of Infrastructure Development 140  when impact avoidance is not feasible, incorporating engineering and management controls to reduce or minimize the possibility and magnitude of undesired consequences;  preparing workers and nearby communities to respond to accidents, including providing technical resources to effectively and safely control such events;  Improving health and safety performance through a combination of ongoing monitoring of facility performance and effective accountability. 4. Job Safety Analysis Job safety analysis (JSA) is a process involving the identification of potential health and safety hazards from a particular work activity and designing risk control measures to eliminate the hazards or reduce the risk to an acceptable level. JSAs must be undertaken for discrete project activities such that the risks can be readily identified and appropriate risk management measures designed. This Guideline includes a template for a JSA that must be completed and included as an attachment to the Health and Safety Sub-plan. 5. Implementation 5.1 Documentation A Health and Safety Plan must be prepared and approved prior to any works commencing on site. The H&S Plan must demonstrate the Contractor’s understanding of how to manage safety and a commitment to providing a workplace that enables all work activities to be carried out safely. The H&S Plan must detail reasonably practicable measures to eliminate or minimise risks to the health, safety and welfare of workers, contractors, visitors, and anyone else who may be affected by the operations. The H&S Plan must be prepared in accordance with the World Bank’s EH&S Guidelines and the relevant country health and safety legislation. 5.2 Training and Awareness Provisions should be made to provide health and safety orientation training to all new employees to ensure they are apprised of the basic site rules of work at / on the site and of personal protection and preventing injury to fellow employees. Training should consist of basic hazard awareness, site-specific hazards, safe work practices, and emergency procedures for fire, evacuation, and natural disaster, as appropriate. Visitors to worksites must be provided with a site induction prior to entering and must be escorted at all times while on site. This induction must include details of site hazards, provision of necessary PPE and emergency procedures. Visitors are not permitted to access to areas where hazardous conditions or substances may be present, unless appropriately inducted. 5.3 Personal Protective Equipment (PPE) Personal Protective Equipment (PPE) provides additional protection to workers exposed to workplace hazards in conjunction with other facility controls and safety systems. PPE is considered to be a last resort that is above and beyond the other facility controls and provides the worker with an extra level of personal protection. The table below presents general examples of Version D – February 2019 Prepared for Ministry of Infrastructure Development 141 occupational hazards and types of PPE available for different purposes. Recommended measures for use of PPE in the workplace include:·  active use of PPE if alternative technologies, work plans or procedures cannot eliminate, or sufficiently reduce, a hazard or exposure;  identification and provision of appropriate PPE that offers adequate protection to the worker, co-workers, and occasional visitors, without incurring unnecessary inconvenience to the individual;  proper maintenance of PPE, including cleaning when dirty and replacement when damaged or worn out. Proper use of PPE should be part of the recurrent training programs for Employees  selection of PPE should be based on the hazard and risk ranking described earlier in this section, and selected according to criteria on performance and testing established Objective Workplace Hazards Suggested PPE Eye and face protection Flying particles, molten metal, Safety Glasses with side-shields, liquid chemicals, gases or vapors, protective shades, etc. light radiation. Head protection Falling objects, inadequate height Plastic Helmets with top and side clearance, and overhead power impact protection. cords. Hearing protection Noise, ultra-sound. Hearing protectors (ear plugs or ear muffs). Foot protection Falling or rolling objects, pointed Safety shoes and boots for objects. Corrosive or hot liquids. protection against moving & falling objects, liquids and chemicals. Hand protection Hazardous materials, cuts or Gloves made of rubber or synthetic lacerations, vibrations, extreme materials (Neoprene), leather, temperatures. steel, insulating materials, etc. Respiratory Dust, fogs, fumes, mists, gases, Facemasks with appropriate filters protection smokes, vapors. for dust removal and air purification (chemicals, mists, vapors and gases). Single or multi-gas personal monitors, if available. Oxygen deficiency Portable or supplied air (fixed lines). On-site rescue equipment. Body/leg protection Extreme temperatures, hazardous Insulating clothing, body suits materials, biological agents, cutting aprons etc. of appropriate and laceration. materials. 6. Monitoring Occupational health and safety monitoring programs should verify the effectiveness of prevention and control strategies. The selected indicators should be representative of the most significant occupational, health, and safety hazards, and the implementation of prevention and control strategies. The occupational health and safety monitoring program should include: Version D – February 2019 Prepared for Ministry of Infrastructure Development 142  Safety inspection, testing and calibration: This should include regular inspection and testing of all safety features and hazard control measures focusing on engineering and personal protective features, work procedures, places of work, installations, equipment, and tools used. The inspection should verify that issued PPE continues to provide adequate protection and is being worn as required.  Surveillance of the working environment: Employers should document compliance using an appropriate combination of portable and stationary sampling and monitoring instruments. Monitoring and analyses should be conducted according to internationally recognized methods and standards.  Surveillance of workers health: When extraordinary protective measures are required (for example, against hazardous compounds), workers should be provided appropriate and relevant health surveillance prior to first exposure, and at regular intervals thereafter.  Training: Training activities for employees and visitors should be adequately monitored and documented (curriculum, duration, and participants). Emergency exercises, including fire drills, should be documented adequately.  Accidents and Diseases monitoring. The employer should establish procedures and systems for reporting and recording: o Occupational accidents and diseases o Dangerous occurrences and incidents These systems should enable workers to report immediately to their immediate supervisor any situation they believe presents a serious danger to life or health. Each month, the contractor shall supply the following data to the Client’s Consulting Engineer for reporting to the client. These data are to also include incidents related to any sub-contractors working directly, or indirectly, for the Contractor. Version D – February 2019 Prepared for Ministry of Infrastructure Development 143 Definitions of the above are to be in accordance with those used by the New Zealand Transport Agency (http://tinyurl.com/nzta-ohs-reporting). The Client’s Consulting Engineer shall be notified of any incident in accordance with the standards below: Version D – February 2019 Prepared for Ministry of Infrastructure Development 144 All Class 1 and Class 2 health and safety incidents must be formally investigated and reported to the Client’s Consulting Engineer through an investigation report. This report shall be based on a sufficient level of investigation by the Contractor so that all the essential factors are recorded. Lessons learnt must be identified and communicated promptly. All findings must have substantive documentation. As a minimum the investigation report must include:  Date and location of incident  Summary of events  Immediate cause of incident  Underlying cause of incident  Root cause of incident  Immediate action taken  Human factors  Outcome of incident, e.g. severity of harm caused, injury, damage  Corrective actions with clearly defined timelines and people responsible for implementation  Recommendations for further improvement Version D – February 2019 Prepared for Ministry of Infrastructure Development 145 Job Safety Analysis (JSA) Add Organisation Name: Ref: Version: Business details Business name: ABN: Contact person: Address: Contact position: Contact phone Contact email number address: Job Safety Analysis details Work activity: Location: Who are This job analysis has been authorised by: involved in the activity: Name: ............................................................................................................ Plant and Position:......................................................................................................... equipment used: Maintenance Signature: ...................................................................................................... checks required: Date: .............................................................................................................. Tools used: Materials used: Personal protective equipment: Certificates, permits and/approvals required Relevant legislation, codes, standard MSDSs etc applicable to this activity Version D – February 2019 Prepared for Ministry of Infrastructure Development 146 Risk assessment **Use the risk rating table to assess the level of risk for each job step. Likelihood 1 2 3 4 5 Rare Unlikely Moderate Likely Almost Certain Consequence The event may occur in The event could occur The event should occur The event will probably occur The event is expected to exceptional circumstances sometimes sometimes in most circumstances occur in most circumstances 1 Insignificant No injuries or health LOW LOW LOW LOW MODERATE issues 2 Minor First aid treatment LOW LOW MODERATE MODERATE HIGH 3 Moderate Medical treatment, LOW MODERATE HIGH HIGH CRITICAL potential LTI 4 Major Permanent disability or LOW MODERATE HIGH CRITICAL CATASTROPHIC disease 5 Extreme Death MODERATE HIGH CRITICAL CATASTROPHIC CATASTROPHIC Risk rating: Low risk: Acceptable risk and no further action required as long as risk has been minimised as possible. Risk needs to be reviewed periodically. Moderate risk: Tolerable with further action required to minimise risk. Risk needs to be reviewed periodically. High risk: Tolerable with further action required to minimise risk. Risk needs to be reviewed continuously. Critical risk: Unacceptable risk and further action required immediately to minimise risk. Catastrophic: Unacceptable risk and urgent action required to minimise risk. Version D – February 2019 Prepared for Ministry of Infrastructure Development 147 Risk controls The hierarchy of control can be used as an effective tool to deal with health and safety issues at work. Use the type of control suggested as measures to deal with the hazard. Aim to use control measures from as high on the hierarchy of control list as possible. If that is not possible the next option down the list or a combination of the measures should be implemented. The least effective control measure is the use of personal protective equipment (PPE) and it should be used as a last resort or a support to other control measures. Information and training should be integrated with all levels of control to explain how controls work. 1. Eliminate – if it is possible, the hazard should be removed completely. For example, get rid of dangerous machines. 2. Substitute – replace something that produces the hazard with something that does not produce a hazard. For example, replacing solvent based paint with water based paint. Risk assessment on the substitution must be conducted to ensure that it will not pose another hazard. 3. Engineering control – isolate a person from the hazard by creating physical barrier or making changes to process, equipment or plant to reduce the hazard. For example, install ventilation systems. 4. Administrative control – change the way a person works by establishing policies and procedures to minimise the risks. For example, job scheduling to limit exposure and posting hazard signs. 5. Use personal protective equipment (PPE) – protect a person from the hazard by wearing PPE. For example, wearing gloves, safety glasses, hard hats and high-visibility clothing. PPE must be correctly fitted, used and maintained to provide protection. Version D – February 2019 Prepared for Ministry of Infrastructure Development 148 JSA – Action steps Risk Name of persons Step No Job step details Potential hazards How to control risks*** rating** responsible for work Review number: Version: Review number: Version: Version D – February 2019 Prepared for Ministry of Infrastructure Development 149 This job safety analysis has been developed through consultation with our employees and has been read, understood and signed by all employees undertaking the works: Print Names: Signatures: Dates: Review No 01 02 03 04 05 06 07 08 Initial: Date: Version D – February 2019 Prepared for Ministry of Infrastructure Development 150 Worker Planning and Management Guidelines GENERAL The Workers Camp Management Plan will be compliant with the specific prescriptions of the ESMP. OBJECTIVES To provide guidelines on the recruitment of workers and the selection, development, management, maintenance and restoration of workers accommodation camp sites in order to avoid or mitigate against significant adverse environmental and social effects, both transient and permanent. WORKER RECRUITMENT The Contractor is required to minimise the number of skilled workers that are recruited from overseas. No unskilled labour will be sourced from overseas. The Contractor will maximise the number of skilled and unskilled workers that are recruited from the Nanumaga community from the labour force inventory that is being undertaken by the Kaupule. The Contractor will be required to provide justification for any skilled workers that the wish to recruit from overseas and explain why this position cannot be filled locally on Nanumaga or Funafuti. WORKERS CAMP FACILITIES All facilities in the Workers Camp must be complaint with the stipulations of the ESMP and the IFC Workers Accommodations and Standards. The camp shall be provided with the following minimum facilities:  Canteen, dining hall and dormitories as required shall be constructed of suitable materials to provide a safe healthy environment for the workforce and which facilitate regular cleaning and the provision of ventilation and illumination.  Ablution block with a minimum of one water closet toilet, one urinal and one shower per 10 personnel engaged either permanently or temporarily on the project. Separate toilet and wash facilities shall be provided for male and female employees.  A sick bay and first aid station.  Sewage collection facilities to allow for the treatment of black and grey wastewater discharge from toilets, wash rooms, showers, kitchens, laundry and the like. The management of all camp wastewater water shall be as prescribed in the PESMP.  All camp facilities shall be maintained in a safe clean and or appropriate condition throughout the construction period.  The contractor shall provide, equip, and maintain adequate first aid stations and erect conspicuous notice boards directing where these are situated and provide all required transport. The contractor shall comply with the government medical or labour requirements at all times and provide, equip and maintain dressing stations where directed and at all times have experienced first aid personnel available throughout the works for attending injuries.  Throughout the period of the contract the employer, the engineer, or their representatives shall have uninterrupted access to and from the camp for the purpose of carrying out routine inspections of all buildings, facilities or installations of whatever nature to ensure compliance with this specification. Version B – February 2019 Prepared for Ministry of Infrastructure Development WORKERS CAMP OPERATIONS  The Contractor will be required to provide calculations of the amount of freshwater needed for the number of workers accommodated at the camp and is to demonstrate how they will provide this water. No currently existing freshwater resources on Nanumaga island will be used for the workers or for worker camp operations.  The Contractor will be required to provide adequate provisions for the workers for the duration of the project so as not to deplete the available food sources of the community.  All wastewater, solid waste, fresh water usage, noise levels, handling and storage of hazardous materials shall be as prescribed in the PESMP. MANAGEMENT OF OFF DUTY WORKERS  The Contractor will prepare a specific Code of Conduct to describe the expected behaviours of their project worker in relation to the local communities and their social sensitivities.  The Contractor is to ensure that all overseas project staff undergo a cultural familiarisation session as part of their induction training. The purpose of this induction will be to introduce the project staff to the cultural sensitivities of the local communities and the expected behaviours of the staff in their interactions with these communities. The MICRO PMU shall provide to the Contractor a list of approved service providers which shall include recognized NGOs and others for conducting this training.  The Contractor is to stipulate the conditions under which visitors may attend the workers camp. Strict visiting hours should be enforced and all visitors will be required to sign in and out of the workers camp.  The Contractor shall ensure that basic social/collective rest spaces are provided equipped with seating within the Workers Camp to help minimise the impact that the workers would have on the leisure and recreational facilities of the nearby communities. Provisions should also be made to provide the workers with an active recreation space within the camp. WORKERS CAMP MANAGEMENT PLAN A Workers Camp Management Plan shall be submitted as an annex to the CEMSP. The Workers Camp Management Plan shall describe how this document, the ESMP and the IFC Guidelines shall be implemented in the following:  Recruitment strategy  Accommodation  Canteen and dining areas  Ablutions  Water supply  Wastewater management system  Proposed power supply  Full Code of Conduct for Workers  Recreational/leisure facilities for workers  Visitors to the Workers Camp  Interactions with the local communities Version B – February 2019 Prepared for Ministry of Infrastructure Development Version B – February 2019 Prepared for Ministry of Infrastructure Development QUARRY MANAGEMENT SUB-PLAN GUIDELINE 1. Objective The objective of this Sub-plan is to prescribe the safety requirements for the development and operation of quarries as well as to define procedures and works that shall be used to mitigate against adverse environmental effects. 2. Planning and Design 2.1 Quarry Sites During the planning of a development project which will involve earthworks, potential quarry sites shall be identified. The potential sites shall be discussed during public consultations in regard to the project. 2.2 Land Acquisition The Contractor will make lease arrangements with the titled land owner prior to any quarrying. The lease agreement must be approved by the Supervision Engineer and included in the CESMP. The government issued land lease rates shall be applied and all lease agreements will be entered into knowingly and voluntarily. The consultant shall define potential quarry sites that may be used for the construction of the project. Such potential sites shall be identified on plans drawn to an appropriate scale and the plans shall be displayed and discussed during public consultations. 2.3 Site Plans Site plans for quarry development shall be included in drawings issued for tender and the specification shall define the requirements of the contract in relation to quarry development and operation. The following design directives shall apply: It is desirable that no quarry boundary is located within 500 metres of a public area or town or village nor within 300 metres of any isolated dwelling. The designer shall provide site plans of potential quarry sites in the tender documents. Such plans shall show existing level contours, access road, natural watercourses and other relevant topographical features. The area defined for quarry operation shall be based on the volume of aggregate to be quarried and hence the extent of quarry operation. It shall also provide the area necessary for stockpiling stripped overburden, the establishment of a crusher and screening plant, the stockpiling of crushed aggregate and the installation of stormwater cut off drains, silt retention ponds and staff amenities. 3. Construction 3.1 Quarry Management Plan Prior to commencing any physical works on site, a quarry development plan shall be prepared and approved by the Engineer and ECD. The quarry management plan shall have due regard for the following:  All operations shall comply with the laws of the Solomon Islands.  Show the extent of overburden stripping and the stockpiling of same for later site restoration.  Show the details and location of surface water drainage from the quarry site and the silt retention pond that will be constructed to settle silt and soil contaminated water prior to its discharge to a natural water course. Version B – February 2019 Prepared for Ministry of Infrastructure Development  Show details of catch drains installed to intercept overland flow of surface water to prevent its discharge into the quarry area.  State safety precautions to be implemented.  Show facilities such as guardhouse, amenities block and other facilities to be constructed.  Show location of aggregate stockpiles.  List plant and equipment to be used in the development and operation of the quarry.  Show the site of the proposed magazine for the storage of explosives. On no account shall physical works be commenced for development of the quarry until an agreed Quarry Management Plan has been submitted to the Engineer. Thereafter all quarry operation shall be the entire responsibility of the contractor and shall be carried out in terms of the agreed management plan. 3.2 Safety Provisions The following provisions shall be made in the operation of any quarry for the safety of all employees or persons on site:  A daily register is to be maintained identifying all personnel who are engaged in or about the quarry.  All persons engaged in the operation of the quarry shall be trained and have sufficient knowledge of and experience in the type of operation in which they are engaged.  All persons engaged in the operation of the quarry shall be adequately supervised.  Approved lighting shall be provided in inside working places where natural lighting is inadequate to provide safe working conditions.  All personnel engaged in quarry operations shall wear a protective helmet of approved type at all times when on the quarry site.  All personnel shall wear protective footwear while engaged in quarry operations.  All employees engaged in operations on a quarry face at a height greater than 1.5 metres above the level of the quarry floor or bench floor shall be attached at all times to a properly secured safety rope by means of a safety belt.  All persons whose duty it is to attend to moving machinery in or about any quarry shall wear close fitting and close fastened garments. Their hair shall be cut short or securely fixed and confined close to their head.  All boilers, compressors, engines, gears, crushing and screening equipment and all moving parts of machinery shall be kept in a safe condition. Every flywheel and exposed moving parts of machinery shall be fitted with safety screens or safety fenced as appropriate.  All elevated platforms, walkways and ladders shall be provided with adequate hand or safety rails or cages.  Machinery shall not be cleaned manually while it is in motion nor oiled or greased while in motion. Should any of the above safety measures be ignored or inoperative at any time then the engineer shall direct that quarry operations cease until all safety measures are provided and are in operating order. 3.3 Provision of First Aid At every quarry there shall be provided the following first aid equipment:  A suitably constructed stretcher with a warm, dry blanket.  A first-aid box equipped to a standard acceptable to the Ministry of Health. Version B – February 2019 Prepared for Ministry of Infrastructure Development The quarry manager shall at least once every working week personally inspect the first-aid equipment to ensure that it complies with the requirements of this specification. Any supplies used from the first-aid box shall be replaced forthwith. A person trained in first aid to the injured shall be available at the quarry during all operational periods of whatever nature. 3.4 Health Provisions At every quarry a sufficient number of toilets and urinals shall be provided for the use of employees and shall be properly maintained and kept in a clean condition. At every quarry a supply of potable water, sufficient for the needs of the persons employed, shall be provided. If persons are employed in places remote from the source of water supply, suitable clean containers of potable water shall be provided for their use. Suitable facilities for washing shall be provided and maintained in a clean and tidy condition to the satisfaction of the employer, and those facilities shall be conveniently accessible for the use of persons employed in or about the quarry. 3.5 Quarry Manager A manager who is experienced in all aspects of quarry operation and in particular safety procedures shall control every quarry. The manager shall be personally responsible for ensuring that all safety facilities are available and that safety procedures are followed. The contractor shall nominate an experienced quarry manager in the submission of the tender for the works. The quarry manager shall have a recognised current “A” grade quarry manager’s surface certificate and a recognised current quarry shot firer’s certificate. In the submission of the quarry manager’s credentials with the tender documents, the contractor shall ensure that the credentials include certified true copies of the following documents:  Grade quarry manager’s surface certificate  Quarry shot firer’s certificate  References from previous clients or employers demonstrating experience in: o The design and layout of quarries including the layout of benches, faces, access roads, drainage and crushing plant. o The methods of working quarry faces with particular reference to face stability and the safety of persons employed in or about the quarry o The safety of the public at large o The provision for and application of first aid. The quarry manager’s duties shall include:  daily, within two hours immediately before the commencement of the first working shift of the day in any part of the quarry, inspect every working place and travelling road, and all adjacent places from which danger might arise, and shall forthwith make a true report of the inspection in a record book kept for the purpose at the quarry. The record book shall be accessible to the engineer and the persons employed in or about the quarry.  at least once in every 24 hours examine the state of the safety appliances or gear connected with quarrying operations in the quarry, and shall record the examination in the record book. Version B – February 2019 Prepared for Ministry of Infrastructure Development  once in each week carefully examine the buildings, machinery, faces, benches, and all working places used in the quarrying operations, and shall forthwith after every such examination record in writing in the record book his opinion as to their condition and safety and as to any alterations or repairs required to ensure greater safety of the persons employed in the working of the quarry. The manager shall then ensure that any such alterations or repairs are carried out. 3.6 Vegetation Vegetation shall be stripped from the proposed quarry development area. Before stripping any vegetation a survey shall be undertaken to determine the presence of any rare plant species. All necessary steps shall be taken to save plants classified as important. Care shall be taken to avoid damage to any vegetation outside the defined quarry area. On no account shall burning of vegetation be permitted. 3.7 Overburden Stripping Overburden stripped from any proposed quarry area shall be stockpiled clear of the quarry operation to be used for site restoration at the completion of operations. Stockpiles shall be shaped and smoothed to minimise ingress of rainwater. Surface water run off from stockpiles shall be intercepted by perimeter drains which shall be discharged to silt retention ponds. Batters in overburden excavation shall be sloped to ensure they are safe and stable against failure. The maximum height of any batter in overburden shall be 3 metres. Any higher batter in overburden shall have an intermediate bench at least 3.5 metres in width. Such benches shall be shaped and drained. 3.8 Blasting Operations Blasting operations shall be conducted in a manner that will not cause danger to life or property. All explosives shall be stored in purpose built locked magazines on a site within the quarry boundary but remote from blasting operations. Detonators shall be stored in a separate locked magazine but similarly sited. A blasting operations manual shall be prepared for any quarry and such manual, which shall be maintained by the quarry manager, shall stipulate procedures for at least the following:  Operation of magazines for the storage of explosives and for the storage of detonators.  The quantity of explosive that may be removed from a magazine at any one time.  The procedure for quarry explosive cases.  Persons allowed to fire shots.  Explosives to be carried in securely covered containers.  Tamping of explosives.  Diameter of drill holes.  Time when charges are to be fired.  Detonation delay.  Firing warnings.  Blasting shelters.  Treatment of misfired charges  Inspection of work site after each detonation by the quarry manager or an approved person appointed in writing by the quarry manager. Version B – February 2019 Prepared for Ministry of Infrastructure Development A person specially appointed in writing by the quarry manager for the purpose shall be in charge of every magazine, and shall have keys to one of the locks. That person shall be responsible for the safe storage of explosives contained therein, for the distribution of explosives therefrom, and for the keeping of accurate records of stocks and issues in a book provided for the purpose. A second person, appointed by the employer shall have keys to the second lock. Both persons shall be present to unlock the magazine, and note the removal of stock and ensure both locks are subsequently secured.  Explosives shall be used in the same order as that in which they were received into the magazine.  Naked lights shall not be introduced into a magazine or into any working place in a quarry where explosives are temporarily stored.  Explosives shall not be taken from a magazine in quantities exceeding that required for use during one shift, and any surplus explosives shall be returned to the magazine at the end of that shift.  No case or carton containing explosives shall be opened in the storage area of any magazine.  Instruments made solely of wood, brass, or copper shall be used in opening cases or cartons of explosives, and the contractor shall provide and keep suitable instruments for that purpose.  The preparation of charges and the charging, tamping, and firing of all explosive charges in or about a quarry shall be carried out under the personal supervision of the quarry manager. 3.9 Dust Suppression Operation of any quarry shall incorporate dust suppression measures. Dust generation during blasting operations shall be minimised. All haul roads shall be regularly dampened by spray bars fitted to water tankers or similar systems in order to minimise dust generation by traffic movements. Crushers, screens and stockpiles shall be dampened by appropriate water sprays to minimise dust generation. 4. Rehabilitation A realistic Rehabilitation Plan will be developed and rehabilitation planning shall begin as early as possible in the quarry life cycle in order to be fully effective. Once objectives are set, rehabilitation activities should be defined and performed in order to achieve these goals. The objectives of a rehabilitation plan should be based upon the specific characteristics of the extraction site and should reflect: - Legislative requirements - Health and safety considerations - Environmental and social characteristics of the quarry and surrounding area - Biodiversity of area - Ecosystem services provided within the sites ecological boundaries - Operating plan for the quarry – technical feasibility of the rehabilitation objectives will be affected by the manner in which the quarry operates - Status of the quarrying area of existing operating site - Characteristics of the deposit (geology and hydrology) - Impacts arising from operation of the site - Post closure land use plan Rehabilitation plans should adopt the following structure: Version B – February 2019 Prepared for Ministry of Infrastructure Development a. Context b. Objectives c. Action plans d. Prioritised actions and schedule e. Monitoring and evaluation f. Rehabilitation and post-closure costs g. Roles and responsibilities h. Compatibility with biodiversity 5. Consent 5.1 Consent Required In accordance with the Mines and Minerals Act 1996) and any other relevant legislation, any person who engages in quarry development or operations shall first obtain Building Materials Permit for the proposed activity. 5.2 Application for Consent Permit applications shall be on an approved form and shall be submitted by to the Commissioner. Applications shall be accompanied by such other documents as ECD may require. The Commissioner must not issue or renew any permit unless a copy of the application has been exhibited for a period of not less than 30 days at the headquarters of the area council of the local government council responsible for the land which is the subject of the application. 5.3 Special Conditions The Commissioner may, by notice served on the applicant, require further information in respect of the application as the Commissioner considers relevant or necessary. The applicant must comply with the notice. Version B – February 2019 Prepared for Ministry of Infrastructure Development Appendix H: SIRAP GBV Code of Conduct and Action Plan Version B – February 2019 Prepared for Ministry of Infrastructure Development CODES OF CONDUCT AND ACTION PLAN FOR IMPLEMENTING ESHS AND OHS STANDARDS, AND PREVENTING GENDER BASED VIOLENCE ON PACIFIC ISLAND COUNTRY TRANSPORT PROJECTS Background The purpose of these Codes of Conduct and Action Plan for Implementing ESHS and OHS Standards, and Preventing Gender Based Violence is to introduce a set of key definitions, core Codes of Conduct, and guidelines for application on World Bank financed transport projects in Pacific Island Countries (PICs) that: i. clearly define obligations on all project staff (including sub-contractors and day workers) with regard to implementing the project’s environmental, social, health and safety (ESHS) and occupational health and safety (OHS) requirements, and; ii. help prevent, report and address Gender Based Violence (GBV) within the work site and in its immediate surrounding communities. The application of these Codes of Conduct will help ensure the project meets its ESHS and OHS objectives, as well as preventing and/or mitigating the risks of GBV on the project and in the local communities. These Codes of Conduct are to be adopted by all those working on the project—including subcontractors—and are meant to: i. create awareness of the ESHS and OHS expectations on the project; ii. create common awareness about GBV and: (a) ensure a shared understanding that GBV has no place on the project; and, (b) create a clear system for identifying, responding to, and sanctioning GBV incidents. Ensuring that all project staff understand the values of the project, understanding expectations for all employees, and acknowledging the consequences for violations of these values, will help to create smoother, more respectful and productive project implementation thereby helping ensure that the project’s development objectives will be achieved. Version B – February 2019 Prepared for Ministry of Infrastructure Development Definitions The following definitions apply: ESHS and General Project  Environmental, Social, Health and Safety (ESHS): an umbrella term covering issues related to the impact of the project on the environment, communities and workers.  Occupational Health and Safety (OHS): Occupational health and safety is concerned with protecting the safety, health and welfare of people engaged in work or employment, and the surrounding communities. The enjoyment of these standards at the highest levels is a basic human right that should be accessible by each worker.  Key Documents: o Project Environmental and Social Management Plan (ESMP): The safeguards document prepared prior to project approval by the World Bank identifying the activities to be undertaken, key risks (based on ESIA if available), and their mitigation measures. o Contractors Environmental and Social Management Plan (C-ESMP): the plan prepared by the contractor outlining how they will implement the works activities in accordance with the project’s environmental and social management plan (ESMP). As shown in Figure 2, the C-ESMP also contains a number of management plans, in particular, the OHS Management Plan. o Codes of Conduct: the Codes of Conduct adopted for the project (or individual companies) covering the commitment of the company, and the responsibilities of managers and individuals with regards to ESHS, OHS and GBV.  Key Project Actors: o Consultant: is as any firm, company, organization or other institution that has been awarded a contract to provide consulting services to the project, and has hired managers and/or employees to conduct this work. o Contractor: is any firm, company, organization or other institution that has been awarded a contract to conduct infrastructure development works for the project and has hired managers and/or employees to conduct this work. This also includes sub-contractors hired to undertake activities on behalf of the contractor. o Manager: is any individual offering labour to the contractor or consultant, on or off the work site, under a formal or informal employment contract and in exchange for a salary, with responsibility to control or direct the activities of a contractor’s or consultant’s team, unit, division or similar, and to supervise and manage a pre-defined number of employees. o Employee: is any individual offering labour to the contractor or consultant within country on or off the work site, under a formal or informal employment contract or arrangement, typically, but not necessarily (e.g. including unpaid interns and volunteers), in exchange for a salary, with no responsibility to manage or supervise other employees.  Grievance Redress Mechanism (GRM): is the process established by a project to receive and address complaints related to the project—not just GBV but related to any aspect of the project. The GRM needs to: (i) allow for multiple channels to receive complaints; (ii) be readily accessible, allowing complaints to be made in different ways; and, (iii) have appropriate protocols to handle GBV complaints including empathetic listening and assurance of confidentiality. Version B – February 2019 Prepared for Ministry of Infrastructure Development  Work Site: is the area in which infrastructure development works are being conducted, as part of the project. Consulting assignments are considered to have the areas in which they are active as their work sites.  Work Site Surroundings: is the ‘Project Area of Influence’ which are any area, urban or rural, directly affected by the project, including all human settlements found in it. GBV Key definitions: With reference to the focus areas for in Figure 1, there are a number of key definitions for understanding GBV: Figure 1: Types of GBV that may be Exacerbated by Investment Operations Codes of Conduct Focus These Codes of Conduct specifically focus on the following forms of GBV - Sexual Exploitation and Abuse (SEA) and Sexual Harassment as they represent high risk areas in the context of investment operations. Version B – February 2019 Prepared for Ministry of Infrastructure Development  Gender Based Violence (GBV): is an umbrella term for any harmful act that is perpetrated against a person’s will and that is based on socially ascribed (that is, gender) differences between male and female individuals. GBV includes acts that inflict physical, mental, or sexual harm or suffering; threats of such acts; and coercion and other deprivations of liberty, whether occurring in public or in private life.  Sexual Exploitation and Abuse (SEA): Sexual exploitation is a facet of GBV that is defined as any actual or attempted abuse of a position of vulnerability, differential power, or trust for sexual purposes, including but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another. In the context of World Bank supported projects, SEA occurs against a beneficiary or member of the community. o Sexual abuse is further defined as the actual or threatened physical intrusion of a sexual na- ture whether by force or under unequal or coercive conditions. o Child sexual abuse: is defined by the age of the survivor. It includes different forms of sexual violence, involves either explicit force or coercion or cases in which the survivor cannot consent because of his or her age. Sexual activity with anyone below the age of 18, except in cases of pre-existing marriage, constitutes child sexual abuse. Mistaken belief regarding the age of the child and/or receipt of consent from the child is not a defense.  Sexual harassment: occurs between personnel and staff on the project, and involves any unwelcome sexual advance or unwanted verbal or physical conduct of a sexual nature. (e.g. looking somebody up and down; kissing; whistling and catcalls; in some instances, giving personal gifts). The distinction between the SEA and sexual harassment is important so that agency policies and staff trainings can include specific instruction on the procedures to report each. o Sexual favors: is a form of sexual harassment and includes making promises of favorable treatment (e.g. promotion) or threats of unfavorable treatment (e.g. loss of job) dependent on sexual acts—or other forms of humiliating, degrading or exploitative behavior.  Child protection (CP): Is an activity or initiative designed to protect children from any form of harm, particularly arising from child abuse and exploitation. o Child: is used interchangeably with the term ‘minor’ and refers to a person under the age of 18. This is in accordance with Article 1 of the United Nations Convention on the Rights of the Child. o Child Abuse and Exploitation (CAE): the physical, sexual or psychological harm of children including using for profit, labour, sexual gratification, or some other personal or financial advantage. This also includes other activities such as using computers, mobile phones, or video and digital cameras appropriately, and never to exploit or harass children or to access child pornography through any mediums o Grooming: are behaviors that make it easier for a perpetrator to procure a child for sexual activity. For example, an offender might build a relationship of trust with the child, and then seek to sexualize that relationship (for example by encouraging romantic feelings or exposing the child to sexual concepts through pornography). o Online Grooming: is the act of sending an electronic message to a recipient who the sender believes to be a minor, with the intention of developing a relationship of trust that can be abused by procuring the recipient to engage in or submit to sexual activity with another person, including but not necessarily limited to the sender. This includes engaging in online sexual activities, such as messages, videos and photos with sexual content either sent to or procured from a child. Version B – February 2019 Prepared for Ministry of Infrastructure Development Other definitions: In addressing the issues raised above related to GBV there are a number of considerations which need to be clearly defined:  Rape: non-consensual penetration (however slight) of the vagina, anus or mouth with a penis, other body part, or an object.  Consent: refers to when an adult makes an informed choice to agree freely and voluntarily to do something. In accordance with the United Nations Convention on the Rights of the Child, the World Bank considers that consent cannot be given by children under the age of 18, even if national legislation of the country into which the CoC is introduced has a lower age. Mistaken belief regarding the age of the child and consent from the child is not a defense. There is no consent when agreement is obtained through: o The use of threats, force or other forms of coercion, abduction, fraud, manipulation, deception, or misrepresentation, o The use of a threat to withhold a benefit to which the person is already entitled, or, o A promise made to the person to provide a benefit.  Perpetrator: the person(s) who commit(s) or threaten(s) to commit an act or acts of GBV.  Survivor/Survivors: the person(s) adversely affected by GBV. Women, men and children can be survivors of GBV.  GBV Service Provider: is an independent organization trusted by the local communities with the skills and resources to provide support to survivors of GBV, as well as training to reduce the risks of GBV.  Third-Party Monitor (TPM) or Independent Verification Agent (IVA): an organization commissioned to independently monitor and report on the effectiveness of the implementation of the GBV activities on the project. TPMs are financed independent of the project; IVAs are financed by the project.  Investigation and resolution of GBV allegations: o GBV Allegation Procedure: is the prescribed procedure to be followed when reporting incidents of GBV. o Accountability Measures: are the measures put in place to ensure the confidentiality of survivors and to hold contractors, consultants and the client responsible for instituting a fair system of addressing cases of GBV. o Response Protocol: are the mechanisms set in place to respond to cases of GBV. o GBV Complaints Team (GCT): a team established by the project to address GBV issues. Codes of Conduct This chapter presents three Codes of Conduct for use: i. Company Code of Conduct: Commits the company to addressing EHSH, OHS and GBV issues; ii. Manager’s Code of Conduct: Commits managers to implementing the Company Code of Conduct, as well as those signed by individuals; and, iii. Individual Code of Conduct: Code of Conduct for everyone working on the project, including managers. Version B – February 2019 Prepared for Ministry of Infrastructure Development Company Code of Conduct Implementing ESHS and OHS Standards Preventing Gender Based Violence The company is committed to ensuring that the project is implemented in such a way which minimizes any negative impacts on the local environment, communities, and its workers. This will be done by respecting the environmental, social, health and safety (ESHS) standards, and ensuring appropriate occupational health and safety (OHS) standards are met. The company is also committed to creating and maintaining an environment where children under the age of 18 will be protected, and where Sexual Exploitation and Abuse (SEA) and sexual harassment have no place. Improper actions towards children, SEA and sexual harassment are acts of Gender Based Violence (GBV) and as such will not be tolerated by any employee, sub-contractors, supplier, associate, or representative of the company. Therefore, to ensure that all those engaged in the project are aware of this commitment, the company commits to the following core principles and minimum standards of behavior that will apply to all company employees, associates, and representatives, including sub-contractors and suppliers, without exception: General 1. The company—and therefore all employees, associates, representatives, sub-contractors and suppliers— commits to complying with all relevant national laws, rules and regulations. 2. The company commits to full implementing its ‘Contractors Environmental and Social Management Plan’ (C-ESMP) as approved by the client. 3. The company commits to treating women, children (persons under the age of 18), and men with respect regardless of race, color, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status. Acts of GBV are in violation of this commitment. 4. The company shall ensure that interactions with local community members are done with respect and non- discrimination. 5. Demeaning, threatening, harassing, abusive, culturally inappropriate, or sexually provocative language and behavior are prohibited among all company employees, associates, and its representatives, including sub- contractors and suppliers. 6. The company will follow all reasonable work instructions (including regarding environmental and social norms). 7. The company will protect and ensure proper use of property (for example, to prohibit theft, carelessness or waste). Health and Safety 8. The company will ensure that the project’s OHS Management Plan is effectively implemented by company’s staff, as well as sub-contractors and suppliers. 9. The company will ensure that all persons on-site wear prescribed and appropriate personal protective equipment, preventing avoidable accidents, and reporting conditions or practices that pose a safety hazard or threaten the environment. 10. The company will: i. prohibit the use of alcohol during work activities. ii. prohibit the use of narcotics or other substances which can impair faculties at all times. Version B – February 2019 Prepared for Ministry of Infrastructure Development 11. The company will ensure that adequate sanitation facilities are available on site and at any worker accommodations provided to those working on the project. 12. The company will not hire children under the age of 18 for construction work, or allow them on the work site, due to the hazardous nature of construction sites. Gender Based Violence 13. Acts of GBV constitute gross misconduct and are therefore grounds for sanctions, which may include penalties and/or termination of employment and, if appropriate, referral to the Police for further action. 14. All forms of GBV, are unacceptable, regardless of whether they take place on the work site, the work site surroundings, at worker’s camps or within the local community. 15. Sexual harassment of work personnel and staff (e.g. making unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature) are acts of GBV and are prohibited. 16. Sexual favors (e.g. making promises of favorable treatment such as promotions, threats of unfavorable treatment such as losing a job, payments in kind or in cash dependent on sexual acts) and any form of humiliating, degrading or exploitative behavior are prohibited. 17. The use of prostitution in any form at any time is strictly prohibited. 18. Sexual contact or activity with children under 18—including through digital media—is prohibited. Mistaken belief regarding the age of a child is not a defense. Consent from the child is also not a defense or excuse. 19. Unless there is full consent16 by all parties involved in the sexual act, sexual interactions between the company’s employees (at any level) and members of the communities surrounding the work place are prohibited. This includes relationships involving the withholding/promise of actual provision of benefit (monetary or non-monetary) to community members in exchange for sex (including prostitution). Such sexual activity is considered “non-consensual” within the scope of this Code. 20. In addition to company sanctions, legal prosecution of those who commit acts of GBV will be pursued if appropriate. 21. All employees, including volunteers and sub-contractors are highly encouraged to report suspected or actual acts of GBV by a fellow worker, whether in the same company or not. Reports must be made in accordance with project’s GBV Allegation Procedures. 22. Managers are required to report and act to address suspected or actual acts of GBV as they have a responsibility to uphold company commitments and hold their direct reports responsible. Implementation To ensure that the above principles are implemented effectively the company commits to: 23. Ensuring that all managers sign the project’s ‘Manager’s Code of Conduct’ detailing their responsibilities for implementing the company’s commitments and enforcing the responsibilities in the ‘Individual Code of Conduct’. 24. Ensuring that all employees sign the project’s ‘Individual Code of Conduct’ confirming their agreement to comply with ESHS and OHS standards, and not to engage in activities resulting in GBV, child endangerment or abuse, or sexual harassment. 16 Consent: refers to when an adult makes an informed choice to agree freely and voluntarily to do something. There is no consent when agreement is obtained through the use of threats, force or other forms of coercion, abduction, fraud, manipulation, deception, or misrepresentation; the use of a threat to withhold a benefit to which the person is already entitled, or; a promise made to the person to provide a benefit. In accordance with the United Nations Convention on the Rights of the Child, the World Bank considers that consent cannot be given by children under the age of 18, even if national legislation of the country into which the Code of Conduct is introduced has a lower age. Mistaken belief regarding the age of the child and consent from the child is not a defense. Version B – February 2019 Prepared for Ministry of Infrastructure Development 25. Displaying the Company and Individual Codes of Conduct prominently and in clear view at workers’ camps, offices, and in in public areas of the work space. Examples of areas include waiting, rest and lobby areas of sites, canteen areas and health clinics. 26. Ensuring that posted and distributed copies of the Company and Individual Codes of Conduct are translated into the appropriate language of use in the work site areas as well as for any international staff in their native language. 27. Ensuring that an appropriate person is nominated as the company’s ‘Focal Point’ for addressing GBV issues, including representing the company on the GBV Complaints Team (GCT) which is comprised of representatives from the client, contractor(s), the supervision consultant, and local GBV Service Provider. 28. Ensuring that an effective GBV Action Plan is developed in consultation with the GCT which includes as a minimum: i. GBV Allegation Procedure to report GBV issues through the project Grievance Redress Mechanism (Section 4.3 Action Plan); ii. Accountability Measures to protect confidentiality of all involved (Section 4.4 Action Plan); and, iii. Response Protocol applicable to GBV survivors and perpetrators (Section 4.7 Action Plan). 29. Ensuring that the company effectively implements the agreed final GBV Action Plan, providing feedback to the GCT for improvements and updates as appropriate. 30. Ensuring that all employees attend an induction training course prior to commencing work on site to ensure they are familiar with the company’s commitments to ESHS and OHS standards, and the project’s GBV Codes of Conduct. 31. Ensuring that all employees attend a mandatory training course once a month for the duration of the contract starting from the first induction training prior to commencement of work to reinforce the understanding of the project’s ESHS and OHS standards and the GBV Code of Conduct. I do hereby acknowledge that I have read the foregoing Company Code of Conduct, and on behalf of the company agree to comply with the standards contained therein. I understand my role and responsibilities to support the project’s OHS and ESHS standards, and to prevent and respond to GBV. I understand that any action inconsistent with this Company Code of Conduct or failure to act mandated by this Company Code of Conduct may result in disciplinary action. Company name: _________________________ Signature: _________________________ Printed Name: _________________________ Title: _________________________ Date: _________________________ Version B – February 2019 Prepared for Ministry of Infrastructure Development Manager’s Code of Conduct Implementing ESHS and OHS Standards Preventing Gender Based Violence The company is committed to ensuring that the project is implemented in such a way which minimizes any negative impacts on the local environment, communities, and its workers. This will be done by respecting the environmental, social, health and safety (ESHS) standards, and ensuring appropriate occupational health and safety (OHS) standards are met. The company is also committed to creating and maintaining an environment where children under the age of 18 will be protected, and where Sexual Exploitation and Abuse (SEA) and sexual harassment have no place. Improper actions towards children, SEA and sexual harassment are acts of Gender Based Violence (GBV) and as such will not be tolerated by any employee, sub-contractors, supplier, associate, or representative of the company. Managers at all levels have a responsibility to uphold the company’s commitment. Managers need to support and promote the implementation of the Company Code of Conduct. To that end, managers must adhere to this Manager’s Code of Conduct and also to sign the Individual Code of Conduct. This commits them to supporting the implementation of the Contractor’s Environmental and Social Management Plan (C-ESMP), the OHS Management Plan, and developing systems that facilitate the implementation of the GBV Action Plan. Managers need to maintain a safe workplace, as well as a GBV-free environment at the workplace and in the local community. Their responsibilities to achieve this include but are not limited to: Implementation 1. To ensure maximum effectiveness of the Company and Individual Codes of Conduct: i. Prominently displaying the Company and Individual Codes of Conduct in clear view at workers’ camps, offices, and in public areas of the work space. Examples of areas include waiting, rest and lobby areas of sites, canteen areas and health clinics. ii. Ensuring all posted and distributed copies of the Company and Individual Codes of Conduct are translated into the appropriate language of use in the work site areas as well as for any international staff in their native language. 2. Verbally and in writing explain the Company and Individual Codes of Conduct to all staff. 3. Ensure that: i. All direct reports sign the ‘Individual Code of Conduct’, including acknowledgment that they have read and agree with the Code of Conduct. ii. Staff lists and signed copies of the Individual Code of Conduct are provided to the OHS Manager, the GBV Complaints Team (GCT), and the client. iii. Participate in training and ensure that staff also participate as outlined below. iv. Put in place a mechanism for staff to: (a) report concerns on ESHS or OHS compliance; and, (b) confidentially report GBV incidents through the Grievance Redress Mechanism (GRM) Version B – February 2019 Prepared for Ministry of Infrastructure Development v. Staff are encouraged to report suspected or actual ESHS, OHS, GBV issues, emphasizing the staff’s responsibility to the Company and the country hosting their employment, and emphasizing the respect for confidentiality. 4. In compliance with applicable laws and to the best of your abilities, prevent perpetrators of sexual exploitation and abuse from being hired, re-hired or deployed. Use background and criminal reference checks for all employees nor ordinarily resident in the country where the works are taking place. 5. Ensure that when engaging in partnership, sub-contractor, supplier or similar agreements, these agreements: i. Incorporate the ESHS, OHS, GBV Codes of Conduct as an attachment. ii. Include the appropriate language requiring such contracting entities and individuals, and their employees and volunteers, to comply with the Individual Codes of Conduct. iii. Expressly state that the failure of those entities or individuals, as appropriate, to ensure compliance with the ESHS and OHS standards, take preventive measures against GBV, to investigate allegations thereof, or to take corrective actions when GBV has occurred, shall not only constitute grounds for sanctions and penalties in accordance with the Individual Codes of Conduct but also termination of agreements to work on or supply the project. 6. Provide support and resources to the GCT to create and disseminate internal sensitization initiatives through the awareness-raising strategy under the GBV Action Plan. 7. Ensure that any GBV complaint warranting Police action is reported to the Police, the client and the World Bank immediately. 8. Report and act in accordance with the agreed response protocol any suspected or actual acts of GBV. 9. Ensure that any major ESHS or OHS incidents are reported to the client and the supervision engineer immediately, non-major issues in accordance with the agreed reporting protocol. 10. Ensure that children under the age of 18 are not present at the construction site, or engaged in any hazardous activities. Training 11. The managers are responsible to: i. Ensure that the OHS Management Plan is implemented, with suitable training required for all staff, including sub-contractors and suppliers; and, ii. Ensure that staff have a suitable understanding of the C-ESMP and are trained as appropriate to implement the C-ESMP requirements. 12. All managers are required to attend an induction manager training course prior to commencing work on site to ensure that they are familiar with their roles and responsibilities in upholding the GBV elements of these Codes of Conduct. This training will be separate from the induction training course required of all employees and will provide managers with the necessary understanding and technical support needed to begin to develop the GBV Action Plan for addressing GBV issues. 13. Managers are required to attend and assist with the project facilitated monthly training courses for all employees. Managers will be required to introduce the trainings and announce the self-evaluations, including collecting satisfaction surveys to evaluate training experiences and provide advice on improving the effectiveness of training. 14. Ensure that time is provided during work hours and that staff prior to commencing work on site attend the mandatory project facilitated induction training on: i. OHS and ESHS; and, ii. GBV required of all employees. 15. During civil works, ensure that staff attend ongoing OHS and ESHS training, as well as the monthly mandatory refresher training course required of all employees to on GBV. Response Version B – February 2019 Prepared for Ministry of Infrastructure Development 16. Managers will be required to take appropriate actions to address any ESHS or OHS incidents. 17. Regarding GBV: i. Provide input to the GBV Allegation Procedures and Response Protocol developed by the GCT as part of the final cleared GBV Action Plan. ii. Once adopted by the Company, managers will uphold the Accountability Measures set forth in the GBV Action Plan to maintain the confidentiality of all employees who report or (allegedly) perpetrate incidences of GBV (unless a breach of confidentiality is required to protect persons or property from serious harm or where required by law). iii. If a manager develops concerns or suspicions regarding any form of GBV by one of his/her direct reports, or by an employee working for another contractor on the same work site, s/he is required to report the case using the GRM. iv. Once a sanction has been determined, the relevant manager(s) is/are expected to be personally responsible for ensuring that the measure is effectively enforced, within a maximum timeframe of 14 days from the date on which the decision to sanction was made by the GCT. v. If a Manager has a conflict of interest due to personal or familial relationships with the survivor and/or perpetrator, he/she must notify the Company and the GCT. The Company will be required to appoint another manager without a conflict of interest to respond to complaints. vi. Ensure that any GBV issue warranting Police action is reported to the Police, the client and the World Bank immediately 18. Managers failing address ESHS or OHS incidents, or failing to report or comply with the GBV provisions may be subject to disciplinary measures, to be determined and enacted by the cCmpany’s CEO, Managing Director or equivalent highest-ranking manager. Those measures may include: i. Informal warning. ii. Formal warning. iii. Additional Training. iv. Loss of up to one week's salary. v. Suspension of employment (without payment of salary), for a minimum period of 1 month up to a maximum of 6 months. vi. Termination of employment. 19. Ultimately, failure to effectively respond to ESHS, OHS, and GBV cases on the work site by the company’s managers or CEO may provide grounds for legal actions by authorities. I do hereby acknowledge that I have read the foregoing Manager’s Code of Conduct, do agree to comply with the standards contained therein and understand my roles and responsibilities to prevent and respond to ESHS, OHS, and GBV requirements. I understand that any action inconsistent with this Manager’s Code of Conduct or failure to act mandated by this Manager’s Code of Conduct may result in disciplinary action. Signature: _________________________ Printed Name: _________________________ Title: _________________________ Date: _________________________ Version B – February 2019 Prepared for Ministry of Infrastructure Development Version B – February 2019 Prepared for Ministry of Infrastructure Development Individual Code of Conduct Implementing ESHS and OHS Standards Preventing Gender Based Violence I, ______________________________, acknowledge that adhering to environmental, social, health and safety (ESHS) standards, following the project’s occupational health and safety (OHS) requirements, and preventing Gender Based Violence (GBV) is important. The Company considers that failure to follow ESHS and OHS standards, or to partake in activities constituting GBV—be it on the work site, the work site surroundings, at workers’ camps, or the surrounding communities— constitute acts of gross misconduct and are therefore grounds for sanctions, penalties or potential termination of employment. Prosecution by the Police of those who commit GBV may be pursued if appropriate. I agree that while working on the project I will:  Consent to Police background check.  Attend and actively partake in training courses related to ESHS, OHS, and GBV as requested by my employer.  Will wear my personal protective equipment (PPE) at all times when at the work site or engaged in project related activities.  Take all practical steps to implement the contractor’s environmental and social management plan (C- ESMP).  Implement the OHS Management Plan.  Adhere to a zero-alcohol policy during work activities, and refrain from the use of narcotics or other substances which can impair faculties at all times.  Treat women, children (persons under the age of 18), and men with respect regardless of race, color, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or other status.  Not use language or behavior towards women, children or men that is inappropriate, harassing, abusive, sexually provocative, demeaning or culturally inappropriate.  Not sexually exploit or abuse project beneficiaries and members of the surrounding communities.  Not engage in sexual harassment of work personnel and staff —for instance, making unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature is prohibited. E.g. looking somebody up and down; kissing, howling or smacking sounds; hanging around somebody; whistling and catcalls; in some instances, giving personal gifts.  Not engage in sexual favors —for instance, making promises of favorable treatment (e.g. promotion), threats of unfavorable treatment (e.g. loss of job) or payments in kind or in cash, dependent on sexual acts—or other forms of humiliating, degrading or exploitative behavior.  Not use prostitution in any form at any time.  Not participate in sexual contact or activity with children under the age of 18—including grooming, or contact through digital media. Mistaken belief regarding the age of a child is not a defense. Consent from the child is also not a defense or excuse. Version B – February 2019 Prepared for Ministry of Infrastructure Development  Unless there is the full consent17 by all parties involved, I will not have sexual interactions with members of the surrounding communities. This includes relationships involving the withholding or promise of actual provision of benefit (monetary or non-monetary) to community members in exchange for sex (including prostitution). Such sexual activity is considered “non-consensual” within the scope of this Code.  Consider reporting through the GRM or to my manager any suspected or actual GBV by a fellow worker, whether employed by my company or not, or any breaches of this Code of Conduct. With regard to children under the age of 18:  Bring to the attention of my manager the presence of any children on the construction site or engaged in hazardous activities.  Wherever possible, ensure that another adult is present when working in the proximity of children.  Not invite unaccompanied children unrelated to my family into my home, unless they are at immediate risk of injury or in physical danger.  Not use any computers, mobile phones, video and digital cameras or any other medium to exploit or harass children or to access child pornography (see also “Use of children's images for work related purposes” below).  Refrain from physical punishment or discipline of children.  Refrain from hiring children for domestic or other labour below the minimum age of 14 unless national law specifies a higher age, or which places them at significant risk of injury.  Comply with all relevant local legislation, including labour laws in relation to child labour and World Bank’s safeguard policies on child labour and minimum age.  Take appropriate caution when photographing or filming children (See Annex 2 for details). Use of children's images for work related purposes When photographing or filming a child for work related purposes, I must:  Before photographing or filming a child, assess and endeavor to comply with local traditions or restrictions for reproducing personal images.  Before photographing or filming a child, obtain informed consent from the child and a parent or guardian of the child. As part of this I must explain how the photograph or film will be used.  Ensure photographs, films, videos and DVDs present children in a dignified and respectful manner and not in a vulnerable or submissive manner. Children should be adequately clothed and not in poses that could be seen as sexually suggestive.  Ensure images are honest representations of the context and the facts.  Ensure file labels do not reveal identifying information about a child when sending images electronically. Sanctions 17 Consent is defined as the informed choice underlying an individual’s free and voluntary intention, acceptance or agreement to do something. No consent can be found when such acceptance or agreement is obtained using threats, force or other forms of coercion, abduction, fraud, deception, or misrepresentation. In accordance with the United Nations Convention on the Rights of the Child, the World Bank considers that consent cannot be given by children under the age of 18, even if national legislation of the country into which the Code of Conduct is introduced has a lower age. Mistaken belief regarding the age of the child and consent from the child is not a defense. Version B – February 2019 Prepared for Ministry of Infrastructure Development I understand that if I breach this Individual Code of Conduct, my employer will take disciplinary action which could include: 1. Informal warning. 2. Formal warning. 3. Additional Training. 4. Loss of up to one week’s salary. 5. Suspension of employment (without payment of salary), for a minimum period of 1 month up to a maximum of 6 months. 6. Termination of employment. 7. Report to the Police if warranted. I understand that it is my responsibility to ensure that the environmental, social, health and safety standards are met. That I will adhere to the occupational health and safety management plan. That I will avoid actions or behaviors that could be construed as GBV. Any such actions will be a breach this Individual Code of Conduct. I do hereby acknowledge that I have read the foregoing Individual Code of Conduct, do agree to comply with the standards contained therein and understand my roles and responsibilities to prevent and respond to ESHS, OHS, GBV issues. I understand that any action inconsistent with this Individual Code of Conduct or failure to act mandated by this Individual Code of Conduct may result in disciplinary action and may affect my ongoing employment. Signature: _________________________ Printed Name: _________________________ Title: _________________________ Date: _________________________ Version B – February 2019 Prepared for Ministry of Infrastructure Development GBV Action Plan This GBV Action Plan outlines how the project will put in place the necessary protocols and mechanisms to minimize or eliminate GBV on the project, as well as to address any GBV issues that may arise. The following framework needs to be adapted to reflect the specific situation and implementation arrangements for each project. The GBV Complaints Team The project shall establish a ‘GBV Complaints Team’ (GCT). The GCT will include, as appropriate to the project, at least four representatives (‘Focal Points’) as follows: a. A safeguards specialist from the client; b. The occupational health and safety manager from the contractor18, or someone else tasked with the responsibility for addressing GBV with the time and seniority to devote to the position; c. The supervision consultant; d. A representative from a client approved service provider with experience in GBV—the ‘GBV Service Provider’ (GSP); and optionally, e. Members representing the local community, government, etc. It will be the duty of the GCT with support from the management of the contractor(s) and consultant(s) to inform workers about the activities and responsibilities of the GCT. To effectively serve on the GCT, members must undergo training by the GBV Service Provider prior to the commencement of their assignment to ensure that they are sensitized on GBV. The GCT will be required to: a. Approve any changes to the GBV elements of the Codes of Conduct contained in this document, with clearances from the client and the World Bank for any such changes. b. Prepare the GBV Action Plan reflecting the Codes of Conduct which includes: i. GBV Allegation Procedures (See 4.2) ii. Addressing GBV Complaints (See 4.3) iii. Accountability Measures (See 4.4) iv. An Awareness raising Strategy (See 4.6) v. A Response Protocol (See 4.7) c. Obtain approval of the GBV Action Plan by the Contractor’s management; d. Obtain client and World Bank clearances for the GBV Action Plan prior to full mobilization; e. Receive and monitor resolutions and sanctions regarding complaints received related to GBV associated with the project; and, f. Ensure that GBV statistics in the GRM are up to date and included in the regular project reports. The GCT shall hold quarterly update meetings to discuss ways to strengthen resources and GBV support for employees and community members. Making Complaints: GBV Allegation Procedures 18 Where there are multiple contractors working on the project, each shall nominate a representative as appropriate. Version B – February 2019 Prepared for Ministry of Infrastructure Development All staff, volunteers, consultants and sub-contractors are encouraged to report suspected or actual GBV cases. Managers are required to report suspected or actual GBV cases as they have responsibilities to uphold company commitments and they hold their direct reports accountable for complying with the Individual Code of Conduct. The project will provide information to employees and the community on how to report cases of GBV Code of Conduct breaches through the Grievance Redress Mechanism (GRM). The GCT will follow up on cases of GBV and Code of Conduct breaches reported through the GRM. Addressing Complaints about GBV Each project needs to put in place appropriate protocols for addressing GBV complaints. The protocols will vary between projects based on local circumstances, but there are key principles which are required in all projects. GRM The project operates a GRM which is managed by a designated GRM operator with the project management unit or, ideally, an entity independent of the project implementation. The GRM must be designed to ensure that: i. Complaints can be made through different channels, such as the traditional local practices (e.g. village chiefs), online, phone, in-person, the local GBV Service Provider, the manager(s), or the Police. ii. Complaints should be able to be made in different ways such as online, via telephone or mail, or in person; iii. Anonymity should be ensured if the complainant so desires it, especially about GBV; There needs to be a specific workflow for handling GBV complaints. The figure below illustrates the work flow adopted in 2017 for the Vanuatu Aviation Investment Project (VAIP). Version B – February 2019 Prepared for Ministry of Infrastructure Development If the complaint to the GRM is made by an GBV survivor, or on behalf of a survivor, the complainant will be directly referred to the GBV Service Provider to receive support services (if so desired) while the GCT investigates the complaint in parallel. The World Bank requires that all complaints regarding GBV must immediately be reported to the World Bank task team by the GRM operator. These complaints may be referred to the World Bank management in accordance with the World Bank’s reporting protocols. The GRM shall only collect two items of data related to GBV—to be inferred from discussions with the complainant: i. The nature of the GBV; and, ii. To the best of the knowledge was the perpetrator associated with the project. Additional information shall be gathered by the GBV Service Provider using their existing survivor support protocols. This information shall be confidential and not part of the GRM process. The GRM operator will refer complaints related to GBV to the GCT to resolve them. In accordance with the GBV Action Plan, the GCT through the GBV Service Provider and Focal Point(s) will investigate the complaint and ultimately provide the GRM operator with a resolution to the complaint, or the Police if appropriate. The victim’s confidentiality should also be kept in mind when reporting any incidences to the Police. The GRM operator will, upon resolution, advise the complainant of the outcome, unless it was made anonymously. GBV Service Provider Version B – February 2019 Prepared for Ministry of Infrastructure Development The GBV Service Provider is a local organization which has the trust of the local community, experience and ability to support survivors of GBV. They will be identified by the client during project preparation, if necessary with the support of the World Bank. The client, the contractor(s) and consultant(s) must establish a working relationship with the GBV Service Provider, so that GBV cases can safely be referred to them. The GBV Service Provider will also provide support and guidance to the GBV Focal Points as necessary. The GBV Service Provider will have a representative on the GCT and be involved in resolving complaints related to GBV. The contract for the GBV Service Provider shall include provision for financing costs around providing the necessary support to survivors. GBV Complaints Team The GCT is responsible for ensuring that GBV complaints are properly investigated and that appropriate sanctions are applied for any cases where sanctions are considered to be justified. The GCT is comprised of: (i) the GBV Service Provider; and, (ii) ‘Focal Points’ from the contractor(s), consultant(s) and client; and optionally, (iii) members of the local community, government, etc. All the Focal Points on the GCT must be trained and empowered to resolve GBV issues. It is essential that all staff of the GRM and GCT understand the guiding principles and ethical requirement of dealing with survivors of GBV. All reports should be kept confidential and referred immediately to the GBV Service Provider represented on the GCT19. The GCT shall confirm that all complaints related to GBV have been: (i) referred to the client and the World Bank by the GRM operator; and, (ii) are referred to Police (or other authorities) for investigation if of appropriate severity. In GBV cases warranting Police action; and, (iii) management for further action. The GCT shall consider all GBV complaints and agree on a plan for resolution. The appropriate Focal Point will be tasked with implementing the plan (i.e. issues with contractor’s staff will be for the contractor to resolve; consultant’s staff the consultant; and client’s staff the client). The Focal Point will advise the GCT on resolution, including referral to the Police if necessary. They will be assisted by the GBV Service Provider as appropriate. Accountability Measures All reports of GBV shall be handled in a confidential manner to protect the rights of all involved. The client, contractor and consultant must maintain the confidentiality of employees who notify any acts or threats of violence, and of any employees accused of engaging in any acts or threats of violence (unless a breach of confidentiality is required to protect persons or property from serious harm or where required by law). The contractor and consultant must prohibit discrimination or adverse action against an employee because of survivor’s disclosure, experience or perceived experience of GBV (see Annex 1 for examples of actions to maintain accountability). 19 Survivors of GBV may need access to Police, justice, health, psychosocial, safe shelter and livelihood services to begin on a path of healing from their experience of violence. Version B – February 2019 Prepared for Ministry of Infrastructure Development To ensure that survivors feel confident to disclose their experience of GBV, they can report cases of GBV through multiple channels such as: (i) online, (ii) phone, (iii) in-person, (iv) the local GBV Service Provider, (v) the manager(s), (vi) village councils; or, (vii) the Police. To ensure confidentiality, only the GBV Service Provider will be privy to information regarding the survivor. The GCT will be the primary point of contact for information and follow up regarding the perpetrator. Monitoring and Evaluation The GRM is to notify the client and the World Bank immediately of any complaints related to GBV. The GCT must monitor the follow up of cases that have been reported and maintain all reported cases in a confidential and secure location. Monitoring must collect the number of cases that have been reported and the share of them that are being managed by Police, NGOs etc. These statistics shall be reported to the GRM and the Supervision Engineer for inclusion in their reporting. Awareness-raising Strategy It is important to create an Awareness-raising Strategy with activities aimed to sensitize employees on GBV on the work site and its related risks, provisions of the GBV Codes of Conduct, and GBV Allegation Procedures, Accountability Measures and Response Protocol. The strategy will be accompanied by a timeline, indicating the various sensitization activities through which the strategy will be implemented and the related (expected) delivery dates. Awareness-raising activities should be linked with trainings provided by the GBV Service Provider. Response Protocol The GCT will be responsible for developing a written response 20 protocol to meet the project requirements, in accordance to national laws and protocols. The response protocol must include: i. Mechanisms to notify and respond to perpetrators in the workplace; ii. The GRM process to ensure competent and confidential response to disclosures of GBV, and; iii. A referral pathway to refer survivors to appropriate services (See 4.8 Survivor Support Measures below). The contractor(s), consultant(s) and client shall encourage notification through the GRM channels from employees and community members about perpetrators in the workplace through awareness raising activities. An employee who discloses a case of sexual harassment in the workplace shall be referred to the GRM for reporting to seek services. Through the GCT, the companies and client shall oversee the investigation of these grievances, ensuring procedural fairness for the accused, and within the local laws. If an employee has breached the Code of Conduct, the employer will take appropriate action which could include: i. Undertake disciplinary action up in accordance with sanctions in the GBV Codes of Conduct (see Section 4.9); ii. Report the perpetrator to the Police as per local legal paradigms; and/or 20 Develop appropriate protocol for written recording of GBV issues raised in case the notes are subpoenaed. Develop processes for record keeping including activities undertaken by the GCT. Version B – February 2019 Prepared for Ministry of Infrastructure Development iii. If feasible, provide or facilitate counselling for the perpetrator. Survivor Support Measures It is essential to appropriately respond to the survivor’s complaint by respecting the survivor’s choices to minimize the potential for re-traumatization and further violence against the survivor. Any survivor will receive care regardless of whether the perpetrator is associated with the project will receive support/ The support will be provided by the GBV Service Provider—including medical and psychosocial support, emergency accommodation, transport fees necessary to receive services, security including Police protection and livelihood support—by facilitating contact and coordination with these services. See Annex 1 for examples of the types of support which could be considered under the project. The contract with the GBV Service Provider shall explicitly detail the services to be provided, and how the associated costs shall be financed by the project. If the survivor is an employee of the contractor(s), consultant(s) or client, to ensure the safety of the survivor, and the workplace in general, the client, contractor or consultant, in consultation with the survivor, will assess the risk of ongoing abuse to the survivor and in the workplace. Reasonable adjustments will be made to the survivor’s work schedule and work environment as deemed necessary (see Annex 1 for examples of safety measures). The employer will provide adequate leave to survivors seeking services after experiencing violence (see Annex 1 for details). Sanctions In accordance with the Code of Conduct, any employee confirmed as a GBV perpetrator shall be considered for disciplinary measures in line with sanctions and practices as agreed in the Individual Code of Conduct. Potential Sanctions to employees who are perpetrators of GBV include: i. Informal warning ii. Formal warning iii. Additional Training iv. Loss of up to one week’s salary. v. Suspension of employment (without payment of salary), for a minimum period of 1 month up to a maximum of 6 months. vi. Termination of employment. vii. Referral to the Police or other authorities as warranted. It is important to note that, for each case, disciplinary sanctions are intended to be part of a process that is entirely internal to the employer, is placed under the full control and responsibility of its managers, and is conducted in accordance with the applicable national labour legislation. Such process is expected to be fully independent from any official investigation that competent authorities (e.g. Police) may decide to conduct in relationship to the same case, and in accordance with the applicable national law. Similarly, internal disciplinary measures that the employer’s managers may decide to enact are meant to be Version B – February 2019 Prepared for Ministry of Infrastructure Development separate from any charges or sanctions that the official investigation may result into (e.g. monetary fines, detention etc.). Version B – February 2019 Prepared for Ministry of Infrastructure Development Annex 1 - Potential Procedures for Addressing GBV Accountability Measures to maintain confidentiality can be achieved through the following actions: 1. Inform all employees that confidentiality of GBV survivors’ personal information is of utmost importance. 2. Provide the GCT with training on empathetic and non-judgmental listening. 3. Take disciplinary action, including and up to dismissal, against those who breach survivor’s confidentiality (this is unless a breach of confidentiality is necessary to protect the survivor or another person from serious harm, or where required by law). GBV Allegation Procedures should specify: 1. Who survivors can seek information and assistance from. 2. The process for community members and employees to lodge a complaint through the GRM should there be alleged GBV. 3. The mechanism for how community members and employees can escalate a request for support or notification of violence if the process for reporting is ineffective due to unavailability or non-responsiveness, or if the employee’s concern in not resolved. Financial and Other Supports to survivors can include: 1. No/low interest loans. 2. Salary advances. 3. Direct payment of medical costs. 4. Coverage of legal costs specifically related to the incident 5. Coverage of all medical costs related specifically to the incident. 6. Upfront payments for medical costs to later be recouped from the employee’s health insurance. 7. Providing or facilitating access to childcare. 8. Providing security upgrades to the employee’s home. 9. Providing safe transportation to access support services or to and from accommodation. Based on the rights, needs and wishes of the survivor, survivor support measures to ensure the safety of the survivor who is an employee can include21: 1. Changing the perpetrator or survivor’s span of hours or pattern of hours and/or shift patterns. 2. Redesigning or changing the perpetrator or survivor’s duties. 3. Changing the survivor’s telephone number or email address to avoid harassing contact. 4. Relocating the survivor or perpetrator to another work site/ alternative premises. 5. Providing safe transportation to and from work for a specified period. 6. Supporting the survivor to apply for an Interim Protection Order or referring them to appropriate support. 7. Taking any other appropriate measures including those available under existing provisions for family friendly and flexible work arrangements. Leave options for survivors that are employees can include: 1. An employee experiencing sexual harassment should be able to request paid special leave to attend medical or psychosocial appointments, legal proceedings, and relocation to safe accommodation among other services that may be needed. 21 It is critical that a survivor centered approach be adopted. The survivor should be fully involved in the decision making. Except for exceptional circumstances the perpetrator should be required to take appropriate actions to accommodate the survivor (e.g. move, change hours, etc.), rather than the survivor changing. Version B – February 2019 Prepared for Ministry of Infrastructure Development 2. An employee who supports a person experiencing sexual harassment may take care givers leave, including but not limited to accompanying them to court or hospital, or to take care of children. 3. Employees who are employed in a casual capacity may request unpaid special leave or unpaid care givers leave to undertake the activities described above. 4. The amount of leave provided will be determine by the individual’s situation through consultations with the employee, the management and the GCT where appropriate. Potential Sanctions to employees who are perpetrators of GBV include: 1. Informal warning 2. Formal warning 3. Additional Training 4. Loss of up to one week’s salary. 5. Suspension of employment (without payment of salary), for a minimum period of 1 month up to a maximum of 6 months. 6. Termination of employment. Referral to the Police or other authorities as warranted. Version B – February 2019 Prepared for Ministry of Infrastructure Development Appendix I: Safeguard Supervision for the SIRAP Malaita road works General In order to prevent harm and nuisances on local communities, and to minimize the impacts on the environment during the construction and operation of the SIRAP Project on Malaita, the following plan has been prepared which should be adhered to by all Contractors and his employees: - The Environmental and Social Management Framework (ESMF) for Malaita including site specific measures in Appendix D; - The mitigation measures included in tender and contract documents; - The specifications, procedures, and best practices included in the subproject ESMPs. These specifications will complement any technical specifications included in the work quantities and the requirements of any SIG regulations and standards. Objective of the Assignment The Consultant is to provide professional technical services (“the Services”) to help ensure effective implementation of the Environmental and Social Management Plan (ESMP) during the SIRAP works. In order to achieve the goal of minimizing the negative environmental and social impacts of the project, the ESMP will be integrated in the design documents for SIRAP HIR, and in the technical specifications and contract documents. It will need to be closely followed and implemented by the contractors. The implementation of the ESMP will therefore involve four parties: - The National Safeguards Specialist (NSS) is the person responsible for overall coordination of ESMP implementation. This person will be appointed directly by PMU. - The Contractor’s Safeguard Specialist (CSS) responsible for implementing the ESMP and other construction related environmental and safety issues. - The Construction Supervision Engineers (CSE) who are responsible for supervising and monitoring all construction activities and for ensuring that contractors comply with the requirements of the contracts and the EMP. The CSE will include a Supervision Safeguard Specialist (SSS); and, - A Client’s International Safeguard Specialist, who provide support to the NSS for oversight of ESMP implementation throughout the works. This Terms of Reference is for the Supervision Safeguard Specialist (SSS) to be part of the Construction Supervision Engineers (CSE). Scope of Services: The general services to be provided by the SSS are to inspect, monitor and audit the construction activities22 to ensure that mitigation measures adopted in the ESMP are properly implemented, and that the negative environmental and social impacts of the project are minimized. 22 The term ‘construction activities’ in this TOR pertains to all aspects related to the SIRAP Malaita Works during the construction phase including, but not limited to, all construction sites, permanent and temporary camps, off-site activities (disposal sites, borrow pits), all associated facilities (crushing plants, asphalt plants, maintenance yards), access roads, Version B – February 2019 Prepared for Ministry of Infrastructure Development The Contractor has the responsibility for ensuring compliance with the project ESMP and contract conditions while undertaking the works. This is overseen by the SSS. The SSS is therefore to be an independent monitor to ensure compliance with the ESMP and to ensure adequate performance of the Contractors on environmental issues. The SSS will inspect, monitor and carry out environmental review of all road and bridge contracts packages and lots. The SSS shall have extensive knowledge and experience in environmental supervision, monitoring and auditing to provide independent, objective and professional advice to the client on the environmental performance of the project. The SSS team leader shall be familiar with the project works through review of the relevant reports, including the EMP and any development consents as well as project technical specifications and contract documents. As part of the CSE, the SSS is expected to perform the following duties: Phase I: Preparation The objective of Phase I is to lay the groundwork for the successful execution of the project. In this phase, the SSS shall: (i) review the ESMP, project designs and technical specifications and confirm that there have been no major omissions of mitigation measures; (ii) prepare a supervision work plan for ESMP monitoring including identification of key project milestones which will require intensive monitoring and in-country presence of SSS; and, (iv) develop and execute a training program for all involved in construction activities. The main tasks in this phase are: Review of Project Documents: The SSS shall review the ESMP, project designs and technical specifications and confirm in writing that there have been no major omissions of mitigation measures. If any issues are identified, the SSS shall propose to the NSS updates to the ESMP and the design and technical specifications to address these issues. Once approved by NSS, the SSS shall update the ESMP. Environmental Supervision Checklist: The SSS shall establish a comprehensive checklist which will be used during the construction of the project to monitor the contractor’s performance. This shall cover major aspects of the project, required mitigation/control measures and their implementation schedule. Log-Book: The SSS shall keep a log-book of each and every circumstance or change of circumstances which may affect the environmental impact assessment and non-compliance with the recommendations made by the SSS to remediate the non-compliance. The log-book shall be kept readily available for inspection by all persons assisting in the supervision of the implementation of the recommendations of the ESMP and Contract. The NSS shall verify the log-book as part of his environmental audit. Environmental Training: The SSS shall design and execute a comprehensive training program for all actors: Supervision Engineers , NSS, Contractor’s CSSs (and workers as part of the trainings given to the CSS), on the traffic and disturbances (dust, noise) in local roads, and areas of impact away from the project site. The ESMP of the project contain a full description of these activities. Version B – February 2019 Prepared for Ministry of Infrastructure Development environmental requirements of the project, and how they will be supervised, monitored and audited, giving particular attention to: - ESMP: The requirements of the ESMP, the agreed environmental monitoring checklist, the environmental monitoring form, how non-compliance with the ESMP will be handled, and all other key issues shall be covered. Particular attention will be paid to the specific provisions in each contract’s technical specifications indicating how the ESMP is to be complied with; - Health and Safety: The health and safety requirements of the project shall be clearly identified and communicated with the Contractors and NSS (included in environmental specifications for contractors). At the conclusion of the training Contractors will also sign a statement acknowledging their awareness of the environmental regulations, the ESMP, the compliance framework, and health and safety obligations. The CSS shall sign a similar statement confirming their understanding of the supervision responsibilities. This shall be provided to PMU and the World Bank Phase II: Supervision of Construction Activities On behalf of the NSS and the Chief Supervision Engineer, the SSS will: - Review, and inspect in an independent, objective and professional manner in all aspects of the implementation of the ESMP; - Carry out random monitoring checks, and review on records prepared by the Contractor’s CSS; - Conduct regular site inspections; - Review the status of implementation of environmental protection measures against the ESMP and contract documents; - Review the effectiveness of environmental mitigation measures and project environmental performance; - As needed, review the environmental acceptability of the construction methodology (both temporary and permanent works), relevant design plans and submissions. Where necessary, the SSS shall seek and recommend the least environmental impact alternative in consultation with the designer, the Contractor(s), and PMU; - Verify the investigation results of any non-compliance of the environmental quality performance and the effectiveness of corrective measures; and - Provide regular feedback audit results to NSS and CSS according to the procedures of non-compliance in the ESMP; - Provide training programs at minimum six monthly intervals and every time there are new workers or new Contractors coming into the site, including CSS and PMU staff, to appraise them of issues identified and how to improve environmental compliance; - Instruct the Contractor(s) to take remedial actions within a specified timeframe, and carry out additional monitoring, if required, according to the contractual requirements and procedures in the event of non-compliances or complaints; - Instruct the Contractor(s) to take actions to reduce impacts and follow the required ESMP procedures in case of non-compliance / discrepancies identified; - Instruct the Contractor(s) to stop activities which generate adverse impacts, and/or when the Contractor(s) fails to implement the EMP requirements / remedial actions instructed by the SES or the EMC. Review of Site CESMP: To ensure consistency across the project, the SSS shall provide the final review and recommend clearance (following approval from World Bank) of the CESMP including all sub plans. Where these Version B – February 2019 Prepared for Ministry of Infrastructure Development plans are found not to comply with the ESMP the SSS shall work with the CSS and Contractor to establish a suitable solution. Site Inspections: The SSS shall closely audit the construction activities through regular site inspections accomplished through daily site visits, walks and visual inspections to identify areas of potential environmental problems and concerns. As noted in footnote 1 of this TOR, the area of inspection should cover both the construction areas and the environment outside the site area that could be affected, directly or indirectly, by the contractor’s activities. Inspections should be done independently from the Contractor’s staff. It is expected that the SSS shall have their own hand held and portable monitoring equipment such as cameras, transport and other resources. Where definitive monitoring is necessary to resolve contentious issues or to impose penalties, the SSS may contract third parties to carry out specific monitoring at the locations under review. Where there is infringement of technical specifications, or condition of contracts, or non compliance with the ESMP, the SSS shall be immediately inform Contractor’s Chief Engineer, Supervision Chief Engineer and NSS. The SSS shall also report all infringements to the PMU as part of the monthly reporting. Regular joint environmental site inspections (e.g. weekly) should be organized by the SSS and CSS, with participation from the Contractor’s Environmental Officer (DEO). These should be used as an opportunity for the SSS to further train the CSS and Contractor’s staff. SSS field engineer’s log-book shall be kept readily available for inspection by all persons assisting in project management, including the Independent Monitoring consultant The SSS shall also regularly review the records of the contractors to ensure that they are up to date, factual and meet the EMP reporting requirements (e.g. environmental complaint monitoring records). Complaints: Complaints will be received by the Contractor’s Site Office from local residents with regard to environmental infractions such as noise, dust, traffic safety, etc. The Contractor’s Chief Engineer or his deputy, and the DEO shall be responsible for processing, addressing or reaching solutions for complaints brought to them. The SSS shall be provided with a copy of these complaints and shall confirm that they are properly addressed by the Contractors in the same manner as incidents identified during site inspections. The SSS shall ensure that these complaints are logged into the SIRAP GRM Unforeseen Impacts: In the event that an incident arises which was not foreseen in the ESMP, the SSS shall work closely with the CSS, the Contractors, and the NSS to confirm satisfactory resolution to the incident. The SSS shall then update the ESMP and the implementation guidelines, training the Contractors’ staff accordingly. Monthly Payments: The SSS shall confirm the monthly payments for environmentally related activities as recommended by the SSS to the client. Site Restoration and Landscaping: The SSS shall closely monitor all activities with regard to site restoration and landscaping in areas such as borrow pits, quarries, camps, crushing plants, etc. to ensure that the activities are done to an appropriate and acceptable standard. The SSS will agree with the Contractor on a Site Decommissioning and Restoration plan to be implemented before the completion of the construction of the access road and bridges. Version B – February 2019 Prepared for Ministry of Infrastructure Development Project Initiation and Staffing: It is anticipated that the CSS and the SSS, will be mobilized one month before the start of the construction activities. The one month start up time will be utilized by the SSS to review and familiarize itself with the project, the project design, the technical specifications, contract documents, the ESMP and other project relevant documents and reports. Following the review, the SSS will prepare a brief report on the potential issues and challenges arising from the implementation of the ESMP and the condition of contracts and make recommendations to the PMU about how best to improve the implementation of the ESMP. The SSS is expected to be mobilized at the beginning of the contract, to prepare the necessary guidelines, documentation, training, etc. Reporting: As a minimum the SSS shall prepare the following written reports: - Weekly report of non-compliance issues - Summary monthly report covering key issues and findings from reviewing and supervision activities - Consolidated summary report from contractor’s monthly report - The SSS shall also collect and report on data as requested by the PMU. At the end of the project the SSS shall prepare a final report summarizing the key findings from their work, the number of infringements, resolutions, etc. as well as advice and guidance for how such assignments should be conducted in the future. During the course of the project the SSS shall provide briefings as requested by the PMU, environmental agencies, the World Bank and MID on the project progress, incidents, and other issues associated with environmental management and supervision. As a minimum these are expected to be at six-monthly intervals. Version B – February 2019 Prepared for Ministry of Infrastructure Development Appendix J: Resettlement Policy Framework (RPF) Version B – February 2019 Prepared for Ministry of Infrastructure Development SOLOMON ISLANDS ROADS AND AVIATION PROJECT (SIRAP) RESETTLEMENT POLICY FRAMEWORK (RPF) (Including Voluntary Land Donation Protocol) Draft Revision B, February 2018 Prepared by: PAIP Technical and Fiduciary Services Unit (TFSU) Version B – February 2019 Prepared for Ministry of Infrastructure Development QUALITY INFORMATION Document Solomon Islands Roads and Aviation Project, Resettlement Policy Framework (RPF) Date 12 September 2018 Prepared by Malakai Kaufusi and Kate Walker, Safeguard Specialists, TFSU REVISION HISTORY Submitted Revision Revision Date Details Name/Position A 25 Sept 2018 First Draft for Consultation Malakai Kaufusi / TFSU Safeguard Specialist B 4 Feb 2019 Amended to incorporate comments Malakai Kaufusi/TFSU and general outline of land acquisition Version B – February 2019 Prepared for Ministry of Infrastructure Development TABLE OF CONTENTS Quality Information ...................................................................................................................................... 192 Revision History ............................................................................................................................................ 192 Glossary and Abbreviations .......................................................................................................................... 195 1 Executive Summary..................................................................................................................... 199 2 Introduction ................................................................................................................................ 201 3 Land Acquisition for the project ................................................................................................. 203 4 Justification for Preparing a Resettlement Policy Framework.................................................... 204 5 Objectives, Definitions and Key Principles.................................................................................. 204 6 Legal and Regulatory .................................................................................................................. 205 Framework Overview.................................................................................................................. 205 Customary land ........................................................................................................................... 206 Scope of the power of eminent domain ..................................................................................... 206 Legal and administrative procedures for involuntary land acquisition ...................................... 206 6.4.1 Judicial Remedies ........................................................................................................................ 208 6.4.2 Law governing valuation ............................................................................................................. 208 World Bank Policy ....................................................................................................................... 209 6.5.1 Legal Gap Analysis....................................................................................................................... 210 7 Approach to land acquisition ...................................................................................................... 210 8 Preparing an ARAP ...................................................................................................................... 214 Communal Land Acquisition – Guiding Principles ...................................................................... 214 9 Entitlements................................................................................................................................ 215 Criteria Defining Affected Persons.............................................................................................. 215 Implementation Arrangements .................................................................................................. 217 Process for negotiation of Voluntary Land Donations (VLD) and LONG-TERM Leases .............. 217 Budget and Costs ........................................................................................................................ 217 10 Approval of ARAP(s) by the World Bank ..................................................................................... 217 Disclosure and consultation of the RPF ...................................................................................... 218 Disclosure and consultation on the ARAP .................................................................................. 218 Monitoring Arrangements .......................................................................................................... 218 11 Grievance Procedures ................................................................................................................. 219 APPENDIX 1 – VOLUNTARY LAND PROTOCOL........................................................................................... 221 Version B – February 2019 Prepared for Ministry of Infrastructure Development APPENDIX 2 – CHECKLIST FOR ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) .................................. 227 APPENDIX 3 - LAND DONATION COMMITMENT LETTER TEMPLATE ............................................................ 230 APPENDIX 4 – OUTLINE OF LAND ACQUISITION ........................................................................................... 233 Version B – February 2019 Prepared for Ministry of Infrastructure Development GLOSSARY AND ABBREVIATIONS ADB Asian Development Bank AGO Attorney Generals Office AP Affected Person/People ARAP Abbreviated Resettlement Action Plan BML Building Materials License CAC Community Advisory Committee CAE Child Abuse and Exploitation CESMP Contractors Environmental and Social Management Plan CLO Community Liaison Officer CoC Codes of Conduct COL Commissioner of Lands CPIU Central Project Implementation Unit CSO Civil Society Organisation CSS Country Safeguard Systems DBST Double Bituminous Surface Treatment DC Development Consent DPO Disabled Persons Organisation EA Executing Agency ECD Environmental and Conservation Department EIS Environmental Impact Statement ESHS Environmental, Social, Health and Safety ESMF Environmental and Social Management Framework ESS Environmental and Social Safeguards FSC Family Support Centre HIR Honiara International Airport Version B – February 2019 Prepared for Ministry of Infrastructure Development HIV/AIDS Human Immunodeficiency Virus/ Acquired Immune Deficiency Syndrome HT Human Trafficking IA Implementing Agency IFC International Finance Corporation IOL Inventory of Losses GBV Gender Based Violence GCLS Grievance Complaints and Logging System GCT GBV Compliance Team GRM Grievance Redress Mechanism HCC Honiara City Council HIR Honiara International Airport HT Human Trafficking IUCN International Union for Conservation of Nature LAeq Equivalent Continuous Level LAR Land Acquisition and Resettlement LARP Land Acquisition and Resettlement Plan LBES Labour Based Equipment Support LTA Lands and Titles Act MCA Ministry of Communication and Aviation MECDM Ministry of Environment, Climate Change, Disaster Management and Meteorology MFAT Ministry of Foreign Affairs and Trade MID Ministry of Infrastructure Development MLHS Ministry of Lands, Housing and Survey MOA Memorandum of Agreement MOU Memorandum of Understanding MRIMP Malaita Roads Improvement and Maintenance Program Version B – February 2019 Prepared for Ministry of Infrastructure Development MTTAP Medium Term Transport Action Plan MUA Munda Airport NDS National Development Strategy NGO Non-government organisations NSS National Safeguard Specialist NTF National Transport Fund OHS Occupational Health and Safety OP Operational Policy PAIP Pacific Aviation Investment Program PCCSP Pacific Climate Change Science Program PER Public Environmental Report PESMP Project Environmental and Social Management Plan PIB Public Information Bulletin PMU Project Management Unit PPE Personal protective equipment PS Permanent Secretary PSC Project Steering Committee PST Project Support Team PWD Public Works Department QuMP Quarry Management Plan RFP Resettlement Policy Framework SAE Sexual Abuse and Exploitation SECP Stakeholder Engagement and Consultation Plan SI Solomon Islands SIG Solomon Islands Government SINWC Solomon Islands National Women Counsel Version B – February 2019 Prepared for Ministry of Infrastructure Development SIRAP Solomon Islands Roads and Aviation Project STC Save The Children STD Sexually transmitted diseases SWMP Solid Waste Management Plan TFSU Technical and Fiduciary Services Unit TIMS Transport Infrastructure Management Services TMP Traffic Management Plan UXO Unexploded Ordinance VLD Voluntary Land Donations WB World Bank WoMP Worker Management Plan Version B – February 2019 Prepared for Ministry of Infrastructure Development 1 EXECUTIVE SUMMARY The Pacific Aviation Investment Program (PAIP) is funded by the World Bank (WB), participating countries, and other donor partners with the development objective to: (i) improve the safety, security, efficiency, management and environmental sustainability of airports, and (ii) improve regional harmonization of aviation safety standards. As part of the regional PAIP, aimed primarily at improving airport safety and security across the Pacific, the Solomon Islands Roads and Aviation Project (SIRAP) has been established. Through SIRAP, the Solomon Islands Government (SIG) and the WB are working together to improve operational safety and oversight of air transport and associated infrastructure and strengthen the sustainability and climate resilience of the project roads in the Solomon Islands (SI). The participating islands in SI are: - Honiara International Airport (HIR) located in Honiara, Guadalcanal. - Munda Airport (MUA) located in Munda, New Georgia Island. - Existing road network on Malaita Island. This Resettlement Policy Framework applies to the following SIRAP Components: Component A: Honiara and Munda Airport Infrastructure includes the following key activities: Honiara Airport: (i) 5 cm overlay of existing runway (including drainage improvements); (ii) installation of airfield ground lighting for runway (AGL); (iii) construction and equipage of new air traffic control (ATC) tower; (iv) construction of rescue fire service (RFS) vehicle station; (v) installation of Automatic Weather Observation System (AWOS); (vi) installation of Very Small Aperture Terminal (VSAT) communications systems; (vii) installation of Automatic Dependent Surveillance-Broadcast (ADS-B) ground stations and aircraft equipage; and, (viii) provision of equipment for improved power supply. Munda Airport: (i) construction of a new terminal building and a control tower; (ii) installation of navigation aids, including Doppler VHF Omnidirectional Range (DVOR)/Distance Measuring Equipment (DME); (iii) procurement of communications equipment, including VHF radios; (iv) provision and installation of Very Small Aperture Terminal (VSAT) communications systems; (iv) procurement of Automatic Dependent Surveillance-Broadcast (ADS-B) ground stations and aircraft equipage; (v) provision of equipment for improved power supply; and (vi) procurement of passenger handling equipment including that required for persons with disabilities. Component B: Malaita Roads Improvement and Maintenance Program include the following key activities: (i) resealing the existing sealed roads in Malaita (approx. 17 km); (ii) upgrading of three existing bridges (two log bridges and one steel truss bridge) on the Auki–Dala section (possibly to modular bridges with geosynthetic reinforced soil abutments); Version B – February 2019 Prepared for Ministry of Infrastructure Development (iii) spot upgrading to address climate vulnerability23; (iv) multi-year grading and regravelling of unpaved road sections (approx. 210 km); (v) multi-year routine maintenance for all the main roads on Malaita; and (vi) road safety improvements; (vii) design and supervision of road work (including geotechnical investigations). Scope of the Land Access, Acquisition and Resettlement Component A: Includes both Honiara and Munda Airport works as outlined above. All works will be conducted within the boundary of the current airport property. It is not anticipated that any land acquisition is required thus no physical or involuntary resettlement will be necessary. Minor temporary land acquisition (laydown sites) may be required but this will be via informed temporary lease arrangements with the customary land owner or sited on government land. Component B: The Malaita Road Improvement and Maintenance Project (MRIMP) Includes approximately 232 kilometers of paved and unpaved roads as outlined above. All road and maintenance works will be conducted on the current road system of Malaita and no new roads will be installed or implemented. While no involuntary resettlement is expected, minor temporary land acquisition (laydown sites) may be required but this will be via informed temporary lease arrangements with the tribal chiefs/resource owners or sited on government land. The level of specific impact and the exact number of people and/or villages directly affected will not be known until detailed consultations and planning is carried out, but the impacts are expected to be minimal. For planning purposes, the worst-case scenario is some households may have a limited number of assets such as market stalls, hedges, fences, and crops bordering the road may be damaged. This is the expected scope of this Resettlement Policy Framework (RPF). In terms of RPF implementation, SIRAP/MRIMP Project Management Unit (PMU) will be responsible for the day-to-day safeguards’ requirements, MID will be the key implementing agency on Malaita and will coordinate with MCA. MCA will have overall coordination and oversight for Honiara and Munda airport works. MRIMP will have a fulltime Community Liaison Officer (CLO) on Malaita and a National Safeguards Specialist (NSS) to manage and oversee the RPF. In addition, the CLO and the NSS will be supported by the TFSU Safeguards Specialist. Internal monitoring and reporting will involve both MCA and MID at different levels. TFSU will also be engaged to ensure independent oversight of RFP implementation. 23 This spot upgrading may be to the road carriageway, adjacent drains, slopes, as well as coastal or river training protection. For example, it may include paving of steep sections of gravel roads with associated drainage improvements. Version B – February 2019 Prepared for Ministry of Infrastructure Development - INTRODUCTION - - In consideration of the complex land acquisition arrangement in the Solomon Islands, the Solomon Island Roads and Aviation Project (SIRAP) (the “Project”) has been designed to avoid to the greatest extent possible the need to use land other than Government owned land or land owned by substantial land owners with whom equitable negotiations towards either “willing buyer – willing seller”, long term leases or “voluntary land donations” (VLD) can be executed such as with the major church organizations. Where land not fitting these criteria may be required, the Project would screen out these sub-projects from project support. The only exception to this would be where individuals or customary groups (far more likely in the Solomon Islands as approximately 85% of land holding is under customary title) would be able to donate the land or enter a negotiated agreement (such as a lease) with the SIG. - Involuntary land acquisition in the Solomon Islands is extremely time consuming and can lead to social unrest and substantial project delays which is part of the reason SIRAP has no intention of applying eminent domain for the purposes of land acquisition. - Notwithstanding this, it is unlikely that land may need to be obtained through involuntary land acquisition since works for Honiara and Munda airports will be within the confines of the airport property and the Malaita road works will be conducted on the current road systems. In the unlikely event that land acquisition is warranted, an Abbreviated Resettlement Action Plan (ARAP) will be prepared. (see APPENDIX 2 – CHECKLIST FOR ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) for ARAP Checklist). - Project Description - - The aviation activities at Honiara and Munda airports will address three key areas: - (i) infrastructure investments; (ii) aviation sector reform; and, (iii) strengthening airport operations and management capacity. All three activities are critical to ensure continued or improved international air services. Effective airport management and oversight will provide a basis for the future sustainable development of the whole aviation sector. - The MRIMP road works will have a focus on the following activities: - The project proposes a four-year program of works as the start of the ‘Malaita Road Improvement and Maintenance Program (MRIMP). The focus aims to introduce a different approach to road maintenance, based on multi-year contracts with machine-based contractors, and applying hybrid performance-based payments for some of the activities. All civil works will consider the need to provide climate resilient infrastructure solutions that are fit-for-purpose and have appropriate road safety enhancements. The objective is to put in place a successful roads program which could be continued with funding from the NTF or other SIG sources. - - Version B – February 2019 Prepared for Ministry of Infrastructure Development - A summary of the SIRAP components are as follows: Component A: Munda and Honiara Airports Infrastructure Investments (a) Subcomponent A1: Honiara International Airport Improvements. This activity would include: (i) 5 cm overlay of existing runway (including drainage improvements); (ii) installation of airfield ground lighting for runway (AGL); (iii) construction and equipage of new air traffic control (ATC) tower; (iv) construction of rescue fire service (RFS) vehicle station; (v) installation of Automatic Weather Observation System (AWOS); (vi) installation of Very Small Aperture Terminal (VSAT) communications systems; (vii) installation of Automatic Dependent Surveillance-Broadcast (ADS-B) ground stations and aircraft equipage; and, (viii) provision of equipment for improved power supply. The investments would also include consulting services for design and supervision for runway works, AGL, ATC tower and the RFS station24. (b) Subcomponent A2: Munda International Airport Improvements. To enable Munda to receive international flights, the following investments are anticipated: (i) 2.5 cm overlay of existing runway; (ii) construction of a new terminal building, cargo facilities with an integrated flight service tower; (iii) installation of VSAT communications systems; (iv) installation of ADS-B ground stations; (v) procurement of passenger handling equipment; and, (vi) installation of Automatic Weather Observation System (AWOS). In addition, the investments would include the consulting services for the concept design for the terminal building. (c) Subcomponent A3: UXO Surveys. The presence of unexploded ordinance (UXO) from the second world war is a risk at both airports25. The activities include: (i) UXO Specialist to develop technical requirements for UXO survey and removal, undertake technical reviews of all UXO Contractor pre- project documentation, and oversee the work of the UXO Contractor; and, (ii) UXO Contractor to conduct UXO survey and removal of any identified UXO as required at Honiara and Munda airports. Component B: Malaita Road Improvement and Maintenance Program. The proposed investments include: (i) resealing the existing sealed roads in Malaita (approx. 17 km); (ii) upgrading of three existing bridges (two log bridges and one steel truss bridge) on the Auki–Dala section (possibly to modular bridges with geosynthetic reinforced soil abutments); (iii) spot upgrading to address climate vulnerability26; (iv) multi-year grading and regravelling of unpaved road sections (approx. 210 km); (v) multi-year routine maintenance27 for all the main roads on Malaita; and, (vi) road safety improvements. The activities would also include design and supervision of road work (including geotechnical investigations). All civil works will consider the need to provide climate resilient infrastructure solutions that are fit- for-purpose and have appropriate road safety enhancements. There will be specific project activities to create opportunities for women (e.g., improved facilities at Dala market, improved access and basic washing facilities at the locations of the three new bridges, and employment opportunities for women in the multi-year maintenance contracts). Component C: Institutional Strengthening. (a) Subcomponent C1: Aviation Sector Support. This includes: (i) Training Needs Analysis; (ii) Airport Operational Training; (iii) Airport Regulatory Training; (iv) preparation of a strategic plan for the sustainability of Solomon Airlines (i.e., Airline Strategy Review); (v) Airport Master Planning Studies 24 There will be one consulting assignment, so the same consultant will also supervise Munda, as well as design and supervise the road works. 25 When NZMFAT undertook pavement works at Munda, the UXO survey was reported to have removed 4,260 UXO of a size greater than a 20 mm projectile from the 47.2 hectare site, as well as 6,511 rounds of small arms ammunition—i.e. just over 225 UXO per hectare. 26 This spot upgrading may be to the road carriageway, adjacent drains, slopes, as well as coastal or river training protection. For example, it may include paving of steep sections of gravel roads with associated drainage improvements. 27 Routine maintenance includes clearing drainage ditches, culverts, bridges, the road reserve (i.e. vegetation control), small landslides (up to 10 m 3), repairing the road shoulder, sealing cracks, joints, repairing potholes, removing loose materials from slopes, and repairing retaining walls. Version B – February 2019 Prepared for Ministry of Infrastructure Development for both Munda and Honiara Airports; (vi) preparation of an Aviation Sector Strategy; (vii) Technical Support to CAASI; and, (viii) Technical Support to SIACL. (b) Subcomponent C2: Road Sector Support. This includes: (i) Training Needs Analysis; (ii) improvements to the existing asset management systems; (iii) improvement of road safety; (iv) activities to address gender-based violence (GBV), Child Abuse and Exploitation (CAE), and Human Trafficking (HT); and, (v) establishment and capacity building of a MID office on Malaita. (c) Subcomponent C3: Preparation for Auki Gwaunaru’u Airport Infrastructure Investments There is a clear need for an all-weather airstrip at Auki Gwaunaru’u Airport, however, the airport was closed for some years due to a land dispute and was reopened just recently. This activity would finance key preparation activities to lay the foundation for future paving, including undertaking of stakeholder engagement and consultations as well as preparation of safeguards documents, and preliminary design (once land issues have been resolved). It is anticipated that once the land situation is resolved, additional financing would be requested for the project to pave the runway and provide other airport improvements. Component D: Project Implementation Support. A Project Support Team (PST) would be located in the MCA, providing support to both MCA and MID for project preparation and implementation. In addition, the existing PAIP Technical and Fiduciary Services Unit (TFSU) will provide support to the PST for procurement, financial management, safeguards, contract management, and technical guidance, particularly for aviation matters. Component E: Contingent Emergency Response. The contingent emergency response component (CERC) is designed to provide swift response in the event of an Eligible Crisis or Emergency,28 by enabling the government to request the Bank to reallocate project funds to support emergency response and reconstruction. - - LAND ACQUISITION FOR THE PROJECT - - Project components have specifically been designed to minimize land acquisition issues. No physical relocation or loss of income is expected from the implementation of the Project as the components will be constructed either along existing road corridors on Malaita or within airport property at Honiara and Munda airports. If at any time under SIRAP that Voluntary Land Donation is envisaged, it will follow the VLD protocol developed for the Pacific Islands as documented in the (APPENDIX 1 – VOLUNTARY LAND PROTOCOL), which was prepared by the World Bank as part of its Environmental and Social Instruments for the Pacific Islands (ESSIP) to address the specific needs of the Pacific Island Countries. - The VLD protocol is used extensively throughout the Pacific, including in other projects in the Solomon Islands, to allow the donation of land subject to certain criteria being met. Notwithstanding this, it is possible that involuntary land acquisition (and preparation of an ARAP) may be required if additional land is needed during project implementation. - Defined as “an event that has caused, or is likely to imminently cause, a major adverse economic and/or social impact associated with natural or man- 28 made crises or disasters”, OP/BP 8.00, Rapid Response to Crises and Emergencies. Version B – February 2019 Prepared for Ministry of Infrastructure Development - JUSTIFICATION FOR PREPARING A RESETTLEMENT POLICY FRAMEWORK - - The aviation works will be implemented within the confines of the Honiara and Munda airports and is unlikely to trigger voluntary resettlement. Minor temporary land acquisition (laydown sites) may be required but this will be via informed temporary lease arrangements with the customary land owner or sited on government land. - The key justification in the preparation of this RPF is based on the road works that will be implemented on the island of Malaita. On Malaita, there has been land disputes that have been recorded and discussed with project officials. That being said, no involuntary resettlement is expected. There may be minor temporary land acquisition (laydown sites) through informed temporary lease arrangements with the tribal chiefs and/or village communities or sited on government land. - In the rare circumstance that land is required under the MRIMP road works, a negotiated arrangement culminating in a “willing buyer-willing seller” transaction or lease/easement or VLD will be the mechanism for land acquisition. Any VLD will be based on guidance provided in Appendix 1. - A Resettlement Policy Framework (RPF) therefore is the appropriate social safeguard instrument, as no physical displacement is envisaged. - If involuntary land acquisition is unavoidable, an Abbreviated Resettlement Action Plan (ARAP) will be developed as per Operational Policy 4.12, Annex A, paragraph 22. In the event an ARAP is required, then it would form part of the agreement between the Solomon Islands Government and the World Bank. - OBJECTIVES, DEFINITIONS AND KEY PRINCIPLES - - The guiding principles for the project are that involuntary resettlement is to be avoided or minimized. Affected People (APs) should be better off or at least as well off as before the project. All persons affected by the Project are to be consulted in their language or dialect throughout the Project, have the opportunity to participate in planning, and to share in project benefits. The project should contribute to sustainable development. - These principles involve a process of early identification of stakeholders and, in particular of APs, frank and effective public disclosure of any known impacts; consultation and participation to avoid or mitigate negative impacts identified, and to ensure that no person or impact is overlooked; fair, transparent and timely intervention to support APs during implementation, land acquisition and restoration of livelihoods; and commitment, where possible, to improve upon the status quo, particularly for those who may be vulnerable by reason of poverty, ethnicity, gender, age, disability, or social status. - The over-riding objective is to avoid any resettlement impacts via project design and implementation coupled with a robust and ongoing consultative process. To ensure that the project contributes to the objective of sustainable development, SIRAP will adopt a comprehensive disclosure and consultation process that includes all stakeholders. The consultation process with APs will reveal all foreseeable impacts and will elicit AP concepts of how mitigation options and resettlement planning can contribute to their aspirations for sustainable restoration or improvement Version B – February 2019 Prepared for Ministry of Infrastructure Development of their livelihoods. In the unlikely event of loss of land, and/or land-based assets, the aim will be to replace like for like. If this is not possible, compensation will be provided for lost land, assets and income, and the costs of relocation and restoration of livelihoods will be met. Restoration includes not only physical assets, but also social and cultural assets. If there is a risk of disruption of these values, which are often disproportionally encountered by women, the APs will contribute to selection of mitigation and resettlement options to ensure policy objectives are met. - - LEGAL AND REGULATORY • FRAMEWORK OVERVIEW - The legislation governing the acquisition of land in the Solomon Islands is contained in the Lands and Titles Act 1970 (LTA). The LTA defines ownership arrangements, governs the management of land, and sets out procedures for the acquisition and lease of land. Land in the Solomon Islands is either customary land or registered land (also referred to as alienated land, since it has been alienated from customary ownership). Approximately 87% of land in the country is still held as customary land and most natural resources (with some exceptions) belong to the landowners under custom. The LTA defines customary land as " any land (not being registered land, other than land registered as customary land, or land in respect of which any person becomes or is entitled to be registered as the owner of an estate pursuant to the provisions of Part III) lawfully owned, used or occupied by a person or community in accordance with current customary usage, and shall include any land deemed to be customary land by paragraph 23 of the Second Schedule to the repealed Act”. Land includes “land covered by water, all things growing on land and buildings and other things permanently fixed to land but does not include any minerals (including oils and gases) or any substances in or under land which are of a kind ordinarily worked for removal by underground or surface working”. - Dealings in land are governed by legislation, primarily the LTA. The LTA regulates the process of acquiring customary land and converting it into registered land as well as the transfer and lease of registered land. - Two predominant types of estate are provided for under the LTA: perpetual estates (commonly referred to as PE), and fixed term estates (commonly referred to as FTEs). The “perpetual estate” is akin to a free-hold estate and gives the right to occupy, use and enjoy the land in perpetuity, subject to the performance of any obligations, and subject to any restrictions that may be imposed under law. The Solomon Islands Constitution establishes that only a Solomon Islander, or other person as may be prescribed by Parliament, has the right to hold or acquire a perpetual interest in land. A “fixed term estate” provides for the right to occupy, use and enjoy the land and its produce for a fixed period of time (usually 75 years), subject to payment of any rent and the performance of any obligations and subject to restrictions that may be imposed. - Lease estates in land, including long-term leases, are also increasingly common. Version B – February 2019 Prepared for Ministry of Infrastructure Development • CUSTOMARY LAND - There are a number of characteristics of land under customary tenure that influence the resettlement process associated with involuntary land acquisition. In much of Solomon Islands there is no systematic authoritative record of customary ownership or tribal land boundaries. Land use, settlement, and community composition are dynamic in response to a number of social and physical influences. In many areas, including the Project sites, broad clans have in recent times divided into smaller sub-clan groups or lineages made up of family units. - Land ownership claims are made through reference to custom, particularly special knowledge of oral histories, custom stories, legends, etc., ancestors and lineages, the whereabouts of boundary markers (such as special landscape features, rocks, special trees, etc.), and the whereabouts of sacred (tambu) places, for example, places with special spiritual significance, ancestors’ settlement sites, grave sites, and knowledge of their ‘stories”. - • SCOPE OF THE POWER OF EMINENT DOMAIN - - The Solomon Islands Government’s powers of involuntary land acquisition are set out in Division 2 of Part V of the Land and Titles Act. Division 2 gives the Minister of Lands the power to compulsorily acquire any customary or registered land where it is ‘required for any public purpose’. 29 However, this broad power is circumscribed by protections provided in the Constitution: Section 8(1) of the Constitution only allows an involuntary land acquisition to occur where:  the acquisition is “necessary or expedient in the interests of defence, public safety, public order, public morality, public health, town or country planning or the development or utilisation of any property in such a manner as to promote the public benefit”;  there is reasonable justification for causing any hardship to the interest holders;  the acquisition is done under a law which provides for reasonable compensation (including lump sum or instalments, and by cash or other form) in a reasonable time; and  the acquisition is done under a law which provides interest holders with the option of appealing to the High Court with respect to their ownership, the legality of the acquisition, or the compensation payable. - The Constitution also requires Parliament to provide the following additional safeguards where customary land is compulsorily acquired (section 112):  prior negotiations must take place with the owners;  the owners shall have a right to access independent legal advice; and  as far as practicable, the interest acquired shall be limited to a fixed term interest. - Although Parliament has not provided for these safeguards in the LTA, the Minister of Lands and the Commissioner of Lands can take these into account in conducting the acquisition. These safeguards are discussed in more detail below. • LEGAL AND ADMINISTRATIVE PROCEDURES FOR INVOLUNTARY LAND ACQUISITION 1. The involuntary land acquisition process is set out in Division 2 of Part V of the LTA, taking into account the additional protections afforded in the Constitution. The legal process therefore becomes as follows: 29 Section 71(1) of the LTA Version B – February 2019 Prepared for Ministry of Infrastructure Development 2. Landowner identification – While not a legal step, landowner identification is necessary to identify the owners of any customary land in order to conduct the prior negotiations required in the Constitution. As discussed above, there is no recognised record or register of customary landowners or land boundaries in Guadalcanal. 3. Prior Negotiation – Negotiations must be conducted with the owners of customary land before the land is acquired30 4. Declaration – the Minister of Lands declares that land is required for a public purpose. The declaration specifies the boundaries and extent of land required and the nature of the purpose for which the land is required;31 5. Publication – The declaration must be published in such manner as the Minister thinks fit. It is common practice to publish the declaration in the Government Gazette. It is upon publication that the land is legally acquired. 32 At this point owners have six months to appeal to the High Court to have the declaration quashed;33 6. Public Notification – following the declaration the Commissioner of Lands (COL) posts notices describing the declaration, its effect and the right to compensation; 7. Notification of owners – the COL serves written notice of the declaration to each owner or landowning group, or each person who appears to own, or to claim to own, the land. The identification of landowners above will also assist in this step. 8. Assistance to prepare claims – the Provincial Secretary for each Province assists claimants to prepare claims.34 9. Access to legal advice – the timing of access to the independent legal advice that must be provided to customary landowners is not specified in the Constitution but would be relevant to the preparation of compensation claims.35 10. Submission of claims – by persons or groups wishing to claim compensation for their rights and interests taken in the acquisition of the land. Claims must be submitted within 3 months of the acquisition (date of publication in gazette). For customary land these claims in effect should include some evidence of customary ownership as well as any evidence as to value 36; 11. Valuation and payment of compensation – The COL considers the claims, accepts or rejects them, and makes an offer of compensation. Offers and rejections are to be issued within 3 months of receipt of the claim. While not a specified legal step, it is at this stage that the COL may seek advice from the Valuer General, or other valuer, to inform the amounts of compensation payable. 12. Compensation by land – Where the land that is acquired is customary land, the COL may make an offer of land in lieu of cash, with the approval of the Land Board and the endorsement of Cabinet. Landowners may choose to accept either the land or the cash equivalent. 37 13. Acceptance or appeal – Claimants have 3 months from the COL’s decision to appeal any rejection, or the amount of compensation offered, to the High Court. Where no appeal is lodged landowners are taken to have accepted an offer. 30 Section 112(a) of the Solomon Islands Constitution 31 Section 71 of the LTA 32 Section 75 of the LTA 33 Section 76 of the LTA 34 Section 74 of the LTA 35 Section 112(b) of the Solomon Islands Constitution 36 Section 79(1) of the LTA 37 Section 84 of the LTA (as amended in 2014) Version B – February 2019 Prepared for Ministry of Infrastructure Development 14. Provided there are no appeals in respect of the compensation amount and the offer is accepted, the COL shall cause payment to be made within 3 months of acceptance;38 and 15. Notice to vacate – persons with an interest in the acquired land may continue to use and occupy the land until the COL gives them a notice in writing requiring them to vacate, but cannot develop the land without the COL’s consent39; 16. Alteration of the Land Register – provided that there are no appeals and the declaration has not been quashed, the land may be registered to the COL on behalf of the Government. • JUDICIAL REMEDIES - The LTA provides two broad types of judicial remedy to those with an interest in the acquired land. The first is the option to appeal the validity of the acquisition. An appeal against the validity of the acquisition must be made to the High Court within 6 months of the acquisition of the land (the publication of the Minister’s notice in the Gazette).40 The primary ground for such an appeal is that the acquisition was not made for a public purpose. Only persons with an interest in the land have standing to appear under the LTA. The timeframe to hear such an appeal will vary. The two previous public purposes appeals suggest that a judgment at first instance will take between 8 -12 months from the date the appeal is lodged. Any appeal to the Court of Appeal can take a further 12 months. - - The second judicial remedy is an appeal to the High Court against the COL’s offer of compensation. This can be an appeal as to ownership or the COL’s valuation. Any person who has submitted a claim for compensation will have standing to bring an appeal. The appeal must be lodged within 3 months of the COL’s offer or rejection of their claim. It is open to the COL and Attorney General Chambers to settle a Court case out of Court and alternate dispute resolution procedures may be used to agree a disputed compensation amount. - • LAW GOVERNING VALUATION The Constitution allows for Parliament to provide for the “criteria to be adopted in regard to the assessment and payment of compensation for … compulsory acquisition (which may take account of, but need not be limited to, the following factors: the purchase price, the value of improvements made between the date of purchase and the date of acquisition, the current use value of the land, and the fact of its abandonment or dereliction).” - - Notwithstanding this power, Parliament has not provided express criteria. The LTA provides that the COL may offer such “amount of compensation as he may think proper”.41 Where an offer of compensation is appealed, the High Court may award such compensation as “in its absolute discretion 38 Section 79(2) of the LTA 39 Section 78 of the LTA 40 Section 76 of the LTA 41 Section 79(2) of the LTA Version B – February 2019 Prepared for Ministry of Infrastructure Development thinks just” with regard to the condition of the land on the date of acquisition and such other matters and circumstances the Court may consider relevant.42 Under the Constitution, the Acts of the United Kingdom Parliament of general application and in force on 1 January 1961 continue to apply in Solomon Islands where not inconsistent with national laws. 43 The relevant UK laws include the Land Clauses Consolidation Act and The Acquisition of Land (Assessment of Compensation) Act 1919. Basic valuation principles stemming from these Acts include: -  “Equivalence” – an owner should be paid no more or less than he suffers as a consequence of the forced sale. The principle of equivalence can include an amount for disturbance or other incidental loss;  Compensation to have regard for the development potential of the land, where land is undeveloped or under developed;  Compensation cannot be based on the value of the land to the acquiring body;  Any increase in value due to the underlying scheme for which the land is acquired must be disregarded (often referred to as the Pointe Gourde Principle). - To date, there have been no cases considering the applicability of these laws in the Solomon Islands.44 - In addition to these broad principles, laws governing natural resource usage rights will also be relevant to the valuation of compensation. As discussed above, customary land rights include rights to some natural resources in accordance with customary law unless inconsistent with national legislation. - The value of profits from commercial timber should be taken into account in the valuation of land as trees are broadly considered ‘owned’ under custom. When determining the value of such resources to landowners reference must be had to the Forest Resources and Timber Utilization Act which regulates the forestry industry and the sale of customary timber rights. - • WORLD BANK POLICY - - World Bank resettlement policy starts from the principle of restoration or improvement of livelihoods at replacement cost, rather than current value, recognizing not only financial and physical assets, but also the environmental, social, and cultural assets of an individual, irrespective of gender, ethnic or social status, in the resettlement context. The Involuntary Resettlement policy (OP 4.12) enjoins avoidance and minimization of adverse impacts not only because it is less costly, but also because it avoids damage to the less tangible and hard-to-value aspects of livelihoods and cultures. World Bank resettlement policy has a positive objective of sustainable development, with particular regard for the vulnerable. 42 Section 83 of the LTA 43 Section 76, Sch 3, Para 1 of the Constitution 44 It is a question to be determined by the High Court as to whether the wide discretionary provisions of the LTA would be inconsistent with the application of English law in this regard. Version B – February 2019 Prepared for Ministry of Infrastructure Development • LEGAL GAP ANALYSIS - The gaps between the Solomon Islands laws and OP 4.12 requirements on land acquisition and resettlement have been identified and necessary gap-filling measures developed to meet the requirements of OP 4.12 as summarized below in Table 1. Table 1 – Legal Gap Analysis - Solomon Islands Laws World Bank Safeguard Policies Gap-Filling Measures There are no provisions to OP 4.12 requires that Abbreviated Resettlement Action Plans prepare Resettlement Plans Resettlement Plans must be (ARAPs) will be prepared in consultation based on meaningful prepared based on with APs, including vulnerable groups, and consultations with APs, including consultations with APs, and that disclosed by SIRAP; translated or summary the poor, the landless, elderly, poorer and vulnerable people versions will be available at the provincial, women, and other vulnerable are also consulted and informed district and local level. Local clan leaders groups. of their entitlements and whose members are affected will also resettlement options. receive a copy of the ARAP. There are limited provisions to It is necessary to improve or at Where such impacts will be experienced, improve or at least restore the least restore livelihoods of APs ARAPs will include measures for livelihoods of all APs. by a range of strategies targeted improvement or at least restoration in at APs. Nobody is to be worse living standards of APs to pre-project off as a result of the levels. development project. Limited provisions to provide Requires that APs are The project will follow the principle of assistance/compensation to APs compensated for all losses, replacement cost for compensation of who lose access to non-land assets including non-land assets, at full affected assets. replacement cost. There is no requirement for the OP 4.12 requires that ARAPs will include indicators and baseline monitoring and assessment of resettlement outcomes be data to monitor impacts on living resettlement outcomes. monitored and assessed. standards of APs. The monitoring reports will also be disclosed including to APs. - - - APPROACH TO LAND ACQUISITION - - The RPF applies to the Project, including any activities that may be considered “linked” 45. Consultation and Grievance Redress Mechanism (GRM) requirements apply irrespective of land acquisition method applied. In most cases it is anticipated that the land required for project delivery will be obtained via VLD or negotiated arrangements – generally “willing buyer-willing seller” or long- term leases; in which case specific requirements will apply. An ARAP will only be needed in the unlikely event of involuntary land acquisition being required for activities funded by the project. 45 Potential linkages with JICA upgrade works in Honiara Version B – February 2019 Prepared for Ministry of Infrastructure Development - Involuntary land acquisition may be required if additional land is required during project implementation and the landowner is not a beneficiary of the project and the pre-requisites for negotiated settlement/VLD are not satisfied, or where land acquisition is for some reason restricted and involuntary land acquisition processes need to be applied. As noted previously, this scenario is considered very unlikely as project components will be designed and implemented by SIRAP in close collaboration with the community. - Any “linked” activities (Potentially JICA Honiara Aviation Works) which may be constructed at the same time as (or immediately prior to) the project funded activities will be subject to due diligence as outlined in Table 2. - These approaches and their key characteristics are shown in Table 2 below. - Table 2 – Land access arrangements and key characteristics - Land access arrangement Key characteristics and documentation requirements Voluntary Land Donation (VLD)  Minor impacts <10% impact on any individual household or land user  Documents to demonstrate compliance with VLD protocol (see Appendix 1 of this RPF): o Establish informed consent of the person(s) donating the land. Power of choice is a fundamental foundation of VLD o Land owner(s) donate the land for the purposes of the project which would benefit the community o Determine and document the appropriateness of VLD in the context of Project. Version B – February 2019 Prepared for Ministry of Infrastructure Development o Due diligence on owners and users of land donated. o Full consultation and disclosure. o Document the legal transfer of land donated. o Grievance Redress Procedure and Mechanism. o Any differential impacts (where negative impacts are unequally shared) would not exist, or would be very minor and compensated Negotiated arrangements –  No significant impacts generally “willing buyer-willing  Documentation to demonstrate: seller” or long term leases o Establish informed consent of the person(s) donating the land. Power of choice is important o Land owner(s) provide a legally binding agreement such as a lease or right of way over the land for the purposes of the project. o May be accompanied by one-off or ongoing payment or other compensation for the provision o Due diligence on owners and users of land to ensure correct parties are a part of the negotiated agreement o Full consultation and disclosure (possibly without financial terms) o Documentation of negotiated arrangement required. o Grievance Redress Procedure and Mechanism. Version B – February 2019 Prepared for Ministry of Infrastructure Development Involuntary Land Acquisition  No projects supported by the Bank project will create significant resettlement (or environmental impacts)  Detailed ARAP to be prepared which documents: o Description of the project activity causing involuntary resettlement and explanation of efforts to avoid or minimize involuntary resettlement associated with the project (alternative project designs considered). o Range and scope of potential adverse resettlement impacts. o Socioeconomic survey and baseline census survey information. o Review of relevant laws and regulations relating to land acquisition and involuntary resettlement (see section above on legal and regulatory framework for more details). o Description of asset valuation procedures and specific compensation rates (or alternative measures) for all categories of affected assets. o Other assistance measures, if any, necessary to provide opportunities for livelihood restoration for affected persons. o Assistance to affected commercial enterprises. o Eligibility criteria for compensation and all other forms of assistance. o Relocation arrangements, if necessary, including transitional support. o Resettlement site selection, site preparation, and measures to mitigate impacts on host communities, if necessary. o Restoration or replacement of community infrastructure and other services. o Land donation arrangements and documentation requirements, if relevant. o Organizational arrangements for implementation. o Consultation and disclosure requirements and arrangements. o Resettlement implementation schedule. o Costs and budget. o Monitoring arrangements. o Grievance procedures. o Summary entitlements matrix. Version B – February 2019 Prepared for Ministry of Infrastructure Development - PREPARING AN ARAP - - If involuntary land acquisition is required for the project, an ARAP will be prepared to document the matters identified in Table 2 above.  The ARAP(s) will be prepared having regard to the following: Responsibility for preparation, implementation and monitoring of ARAPs (including responsibility for meeting all associated costs with their implementation), in accordance with this RPF, rests with SIRAP.  As necessary, SIRAP will coordinate actions with any other agencies involved to ensure timely and effective ARAP implementation.  Preparation of the ARAP begins as soon as it is determined that involuntary land acquisition is essential to complete any of the project activities and shall be finalized prior to the commencement of any works to carry out said project activities. SIRAP will carry out, or cause to be carried out, a census survey to identify and enumerate Affected Persons and to identify and inventory land and other assets to be required. The census survey must cover 100% of the APs. The census survey also establishes whether any affected persons are significantly affected by loss of productive land, whether any commercial enterprises are affected, or whether any households will be required to physically relocate.  The ARAP will be prepared in accordance with the policy, principles and planning and implementation arrangements set forth in this RPF. The ARAP is to be based on accurate baseline census and socioeconomic survey information, and establishes appropriate mitigation measures (e.g., compensation at full replacement cost for loss assets, transitional assistance for relocation, and transitional assistance for livelihood restoration, and transitional assistance for commercial enterprises) for all relevant categories of adverse impacts. - • COMMUNAL LAND ACQUISITION – GUIDING PRINCIPLES - - Given the prevalence of customary (communal land) in the Solomon Islands, the following guidance is provided for the preparation of ARAPs for this project: 1. The World Bank’s Voluntary Land Donation protocol (see Appendix 1) is to be applied in full where land donation is anticipated to allow project delivery. 2. Alternatives to land acquisition are considered. Especially where replacement land is scarce or non-existent, or where customary land tenure is deemed inalienable, negotiated agreements for long-term lease, even for alternative infrastructure siting, should be considered. 3. Where communal land must be acquired, collective compensation may be appropriate. Under such conditions, compensation is used solely for appropriate community purposes, or is distributed equitably among community members. The ARAP describes arrangements for usage of collective compensation. 4. Individual users and occupants of acquired communal land are identified in the census prepared for the ARAP and the ARAP describes mitigation measures or negotiated agreements providing for restoration of their livelihoods or living standards. Version B – February 2019 Prepared for Ministry of Infrastructure Development 5. Where replacement land does not exist, it will be impossible to establish a technical valuation for replacement cost. The ARAP will describe alternative means used for valuation. This may include negotiated agreement with affected communities. 6. If relevant, the ARAP describes any changes that may occur regarding land use and tenurial arrangements for remaining communal land in project-affected areas. 7. The ARAP describes a process by which conflicting claims to ownership or use rights will be addressed. - ENTITLEMENTS - • CRITERIA DEFINING AFFECTED PERSONS - - Eligibility of an individual entitlements under this RPF will relate to their:  Loss of land, whether an owner, lessee or informal occupant.  Loss of trees or other plants, whether on owned, leased or informally accessed land.  Loss of land-based improvements – houses, shelters, business buildings, also irrespective of the ownership status of the land.  Loss of access to commons and reserves, e.g., road reserves, whether or not legally encroached, and restricted areas. - Eligibility for loss of non-land assets, whether temporary or permanent, will be recognized for project- induced impacts on:  An individual’s business or income.  Soil or water quality changes that impact the individual’s livelihood activities in the direct or indirect impact area.  Air, light or noise pollution, or restrictions on access to social or economic resources that impact property values and amenity.  Access to resources due to quarrying operations.  Any other assets or elements of livelihoods recognized in the Solomon Islands law and in WB World Bank Operational Policy that may be discovered during disclosure and consultation. - Persons demonstrating that they will suffer losses from any of these causes as at the cut-off date for entitlements will be regarded as eligible for resettlement assistance. Losses from encroachments or activities commenced after the cut-off date for the respective projects will not be eligible. - - - - - - - - Table 3 summarizes eligibility and entitlements for APs. Version B – February 2019 Prepared for Ministry of Infrastructure Development Table 3 – Entitlement Matrix Type of Impact Entitled Person(s) Entitlements Temporary use Legal/ customary Will only occur with agreement with landowners/APs. of land. landowners/land users Affected landowners/APs will be paid rent on terms negotiated and agreed with them. The land will be returned to respective landowners/APs after its restoration. Legal owner(s)/customary Landowners will be provided equivalent size and quality of landowners land, or cash compensation at replacement cost. Permanent Informal settlers (e.g., on APs will be provided compensation for their damaged non- acquisition of land acquired for ROW) land assets (e.g., crops, trees, and structures) on project- land with no rights that can be affected land. legalized Loss of crops and All APs irrespective of their APs will be given notice to harvest crops and trees before trees46 legal status site clearance or removal from required land. If APs are not able to harvest, they will be paid cash compensation at replacement cost. In case of perennial crops and trees, the compensation will also include loss of income for a period until new crops or trees produce an equivalent income Loss of All APs (whether having APs will be provided compensation at replacement cost structures (e.g., legal title to land or not) without deductions for depreciation or salvaged materials roadside and assistance in finding an alternative site. It will be markets) ensured that replacement structures are ready to move before relocation of existing structures. In case business activities are disrupted, the business owners will be provided disruption allowance for the duration of business being disrupted. Displacement of Community Affected structures will be restored in consultation with community representatives as community or the affected community will be provided with structure (if any) identified by the social cash compensation at replacement value without deductions impact assessment for any materials salvaged. Community will be assisted in dismantling and relocating structure/property. Impacts on Vulnerable AP households Vulnerable households will receive (i) priority employment vulnerable APs identified by social in project construction and maintenance works; and (ii) assessment. additional cash allowance to purchase foodstuffs during the period of income disruption. Amount to be confirmed in the RP for each road/bridge. Unforeseen Concerned affected These will be determined as per the principles of the RF impacts persons 46 Potentially occurring during implementation of MRIMP on Malaita Version B – February 2019 Prepared for Ministry of Infrastructure Development - • IMPLEMENTATION ARRANGEMENTS - - Implementation arrangements such as a time-bound implementation schedule of all activities relating to all land acquisition shall be included at the development of an ARAP. Finalization of land and asset transfer (as relevant) as well as any associated payments (such as where there is a “willing buyer- willing seller” arrangement and/or for fixed assets etc.) should be completed at least one month prior to land acquisition. If there is a delay of one year or more between land or asset valuation and payment of compensation, compensation rates will be adjusted for inflation purposes. - • PROCESS FOR NEGOTIATION OF VOLUNTARY LAND DONATIONS (VLD) AND LONG-TERM LEASES - - Clear parameters are defined in the VLD protocol in Appendix 1. SIRAP will ensure that the requirements of the protocol are met for land is acquired via VLD. Where land is leased via negotiation, SIRAP will need to ensure the following matters are considered and documented:  Establish informed consent of the person(s) donating the land. Power of choice is important;  Land owner(s) provide a legally binding agreement such as a lease or right of way over the land for the purposes of the project (APPENDIX 3 - LAND DONATION COMMITMENT LETTER TEMPLATE for land donation commitment letter template);  May be accompanied by one-off or ongoing payment or other compensation for the provision;  Due diligence on owners and users of land to ensure correct parties are a part of the negotiated agreement;  Full consultation and disclosure (possibly without financial terms);  Documentation of negotiated arrangement required; and  Grievance Redress Procedure and Mechanism. - • BUDGET AND COSTS - - SIRAP bears responsibility for meeting all costs associated with involuntary land acquisition. Any ARAPs require a budget with estimated costs for all aspects of their implementation. All APs are entitled to compensation or other appropriate assistance and mitigation measures, regardless of whether these persons have been identified at the time of resettlement planning, and regardless of whether sufficient mitigation funds have been allocated. For this reason, and to meet any other unanticipated costs that may arise, the ARAP budget shall include contingency funds, i.e., at least 10% of estimated total costs. Compensation must be paid promptly and in full to the APs. No deductions from compensation will occur for any reason. The ARAP is to describe the procedures by which compensation funds will flow from SIRAP to the APs. - - APPROVAL OF ARAP(S) BY THE WORLD BANK - Version B – February 2019 Prepared for Ministry of Infrastructure Development - All ARAPs will need to be submitted to the World Bank for its clearance and review – and full entitlements delivered - prior to any project works commencing on the land (or affecting any other aspect such as livelihoods) to which the ARAP applies • DISCLOSURE AND CONSULTATION OF THE RPF - - Consultation will need to be carried out during the preparation of the Project as a follow-up to the PESMF, PESMP, and RPF, including discussion with key stakeholders, other government ministries, local administrators, and members of potential subproject communities. The various issues associated with accessing land for the purposes of project delivery – especially the focus on identification and design of projects so that any land impacts would be avoided - discussed. The PESMF and PESMP including land aspects will be formally submitted to and disclosed on the World Bank’s InfoShop and on SIRAP’s website, and hard copies will be available at the SIRAP PMU (or other appropriate) offices in project areas. - • DISCLOSURE AND CONSULTATION ON THE ARAP - - To ensure that the projects contribute to the objective of sustainable development, SIRAP will adopt a comprehensive disclosure and consultation process that includes all stakeholders during project implementation. The consultation process with APs will reveal all foreseeable impacts and will elicit AP concepts of how mitigation options and resettlement planning can contribute to their aspirations for sustainable restoration or improvement of their livelihoods. In the unlikely event of loss of land, and land-based assets, the aim will be to replace like for like, and if this is not possible, to compensate for lost land, assets and income, and meet the costs of relocation and restoration of livelihoods. Restoration includes not only physical assets, but also social and cultural assets. If there is a risk of disruption of these values, which are often disproportionally encountered by women, the APs will contribute to selection of mitigation and resettlement options to ensure policy objectives are met. - The ARAP must describe measures taken to consult with affected persons regarding proposed land acquisition, transitional assistance, relocation arrangements, and other arrangements, and summarizes results of those consultations. SIRAP will also be required to disclose the ARAP- both the draft and final versions – to the affected persons and the general public in the project area, in a language and location accessible to them. Disclosure of the draft ARAP should occur at least one month prior to World Bank review. Disclosure of the final ARAP occurs following World Bank “No Objection”. - • MONITORING ARRANGEMENTS - - Monitoring arrangements will be established in the ARAP to assess the effectiveness of ARAP implementation in a timely manner. Monitoring includes review of progress in land acquisition, payment of compensation, provision of transitional assistance, and functioning of project grievance procedures. The ARAP should establish the frequency of monitoring activities. Monitoring should be conducted by an individual, firm, or community organization that is not directly affiliated with SIRAP. Any issues or problems associated with ARAP implementation that are observed in the monitoring process will be reported to SIRAP and the World Bank project team. Version B – February 2019 Prepared for Ministry of Infrastructure Development - Prior to project completion, the monitoring process will assess whether livelihoods and living standards of affected persons have been improved, or at least restored. If these objectives have not been achieved, SIRAP identifies plans and implements supplemental measures necessary to achieve satisfactory outcomes. - GRIEVANCE PROCEDURES - - During the course of the project it is possible that affected persons or communities may have concerns with the project’s social or environmental implementation occurring during construction and possibly during operation. - Any ARAP or other documentation prepared to meet the requirements of this RPF will include details of the specific GRM process applying to that activity. This GRM process will need to ensure that any concerns are addressed quickly and transparently, and without retribution to the affected parties. - World Bank funded projects are required to implement a GRM to receive and facilitate resolution of affected peoples’ concerns, complaints, and grievances about the project’s performance, including concerning environmental and social impacts and issues. The mechanism ensures that: (i) the basic rights and interests of every affected person by poor environmental performance or social management of the project are protected; and (ii) their concerns arising from the poor performance of the project during the phases of design, construction and operation activities are effectively and timely addressed. - In the early stages of engagement, project stakeholders and affected communities must be made aware of:  how they can access the GRM;  who to lodge a formal complaint too;  timeframes for response;  that the process must be confidential, responsive and transparent; and  alternative avenues where conflicts of interest occur. - The grievance process is based upon the premise that it imposes no cost to those raising the grievances; that concerns arising from project implementation are adequately addressed in a timely manner; and that participation in the grievance process does not preclude pursuit of legal remedies Version B – February 2019 Prepared for Ministry of Infrastructure Development - under national law. Local communities and other interested stakeholders may raise a grievance at any time to SIRAP PMU, MCA, MID, or the World Bank’s Inspection Panel. - Communities and individuals who believe that they are adversely affected by a World Bank supported project may submit complaints to existing project-level grievance redress mechanisms or the World Bank’s Grievance Redress Service (GRS). The GRS ensures that complaints received are promptly reviewed in order to address project-related concerns. Project affected communities and individuals may submit their complaint to the World Bank’s independent Inspection Panel, which determines whether harm occurred, or could occur, as a result of World Bank non-compliance with its policies and procedures. Complaints may be submitted at any time after concerns have been brought directly to the World Bank's attention, and Bank Management has been given an opportunity to respond. Information on how to submit complaints to the World Bank’s corporate GRS is available at http://www.worldbank.org/GRS. Information on how to submit complaints to the World Bank Inspection Panel is available at www.inspectionpanel.org. Version B – February 2019 Prepared for Ministry of Infrastructure Development APPENDIX 1 – VOLUNTARY LAND PROTOCOL Version B – February 2019 Prepared for Ministry of Infrastructure Development Voluntary Land Donation Protocol - Background - This Voluntary Land Donation Protocol (VLDP) has been prepared by the World Bank for the purpose of due diligence. For cases where communities and/or individual landholders have offered to donate their land for the project because it is of benefit to the broader community, the World Bank’s Voluntary Land Donation Protocol (VLDP) should be followed. The project team is to exercise their best judgment where voluntary land is offered and conduct due diligence to avoid adverse impacts and reputational risks. Donations are based on the premise that the project benefit will offset or outweigh the loss of the land donated. - VLD is only suitable for projects where the landowner and/or community wish to ‘gift’ land parcels or small areas for small-scale community infrastructure that will be of direct benefit to the donor’s community. - When VLD is Applicable - - Voluntary donation of land by beneficiary households is acceptable where:  It has been verified the donation did not result from any form of coercion or manipulation and is offered in good faith;  The donation does not severely affect the living standards of the community and/or individual landholder responsible for the donation (i.e. impacts are marginal based on percentage of loss and minimum size of remaining assets);  Alternatives and the viability of other locations or sites have been considered;  The donation does not result in the displacement of households or cause loss of income or livelihood;  The landholder/s making the donation will directly benefit from the project;  Consultation has been conducted in an open and transparent manner and to a degree that the landholder/s can make an informed choice;  The land is free from disputes regarding ownership or tenure;  Land transactions are supported through the transfer of titles;  Full and proper documentation of all consultations, meetings, grievances and actions taken to address grievances has been reviewed and made available;  Where impacts are minor and other alternative sites are not viable. When VLD is NOT Applicable - VLD is not applicable under the following scenarios:  Medium/large-scale infrastructure particularly in cases where a government agency or entity that has a statutory obligation to provide the infrastructure and/or services for which the land is required  Where inadequate consultation with donors results in lack of understanding about the terms and conditions of the donation;  In lieu of formal procedures for land acquisition where these do not exist; Version B – February 2019 Prepared for Ministry of Infrastructure Development  Where donor property owners, landowners or customary rights holders do not support, or will not directly benefit from, the Project;  Where conflicts over land exist, including customary collective ownership;  Conflicting land titling that make it difficult to establish with certainty who has a right to own, donate and use a specific parcel of land;  Where donors did not provide their informed consent and were subject to political or social pressure and coerced into making the donation. Process for Voluntary Land Donation - This section provides guidance on the process for VLD, namely on how to:  Determine and document the appropriateness of VLD in the project context;  Verify the requirements of the donation and the formalization of the donation;  Carry out due diligence on the owners and users of land donated;  Ensure appropriate consultation and disclosure;  Establish informed consent of the person donating the land; and  Establish grievance redress mechanism. - This section outlines the process that should be followed once the threshold considerations set out in Section 1 have been considered, and it has been determined that it is appropriate for the land to be provided to the project by voluntary donation. - It is necessary to follow a clear process for the donation, and to prepare and maintain documents that demonstrate such process. Each step set out below should be addressed in the context of the specific project, and fully documented. (I) DETERMINE AND DOCUMENT THAT VLD IS APPROPRIATE IN THE CIRCUMSTANCES OF THE PROJECT. - The team should record the reasons why it thinks that the donation of land is appropriate for the project. In certain cases, only some of the land the project requires will be donated or alternatives to land donation exist. The project team should identify (in as much detail as possible):  What the land will be used for;  How much land the project will require on both a permanent and temporary basis;  How much of the land will be donated;  What alternatives to donation exist (e.g., right of use, right of way);  The terms of the donation;  The identities of the parties who intend to donate;  The beneficiary of the donation; and  Any details that are relevant to why donation may be appropriate. (II) VERIFY THE REQUIREMENTS TO TRANSFER, AND FORMALIZE THE TRANSFER OF, THE LAND - - It is important to understand the process that should be followed to transfer the land, and appropriate ways to formalize the transfer so as to achieve certainty for both the transferee of the land and the project. In many countries this will require consideration of the legal and administrative requirements but also, particularly in the case of customary land, local and community processes. In some cases these will constitute two different but parallel (and overlapping) systems and a process will have to be established to ensure that the requirements of each system are satisfied. An important consideration will be how transparent the process and the decision-making process actually is, and what can be done to enhance the process. Version B – February 2019 Prepared for Ministry of Infrastructure Development (III) CONDUCT DUE DILIGENCE ON WHO OWNS AND USES THE LAND - Given the specific issues surrounding land ownership and use in the PICs, it is important that the project team carries out careful due diligence to understand the type of land rights that exist in the project area, and to identify any particular issues relating to land ownership and use. Thereafter, a more specific due diligence must be conducted on each parcel of land proposed for donation to identify:  The owner or owners of the land;  The users of the land, or any parties that occupy the land (either physically or through ownership of an asset or conduct of livelihood or business activities on the land);  Any competing claims of ownership or use;  Structures and assets on the land;  Any encumbrances on the land. - It is important to: (a) identify the right that is being transferred (an ownership right, a use right, a right of way, etc.); and (ii) check whether the transferee actually has the right s/he claims to have. In many circumstances where careful due diligence has not been carried out, significant conflict has arisen at a later stage when another party claims that they have the same or a competing right. In some circumstances – but not all – the transferee will have documentary evidence of such right. Where no such evidence exists, the due diligence can establish rights by speaking with local community officials and neighbours. (IV) DISCLOSURE AND CONSULTATION - The decision to donate must be taken on the basis of a full understanding of the project and the consequences of agreeing to donate the land. Accordingly, the parties that will be affected by the donation (the owners and users of the land) must be provided with accurate and accessible information regarding what the land will be used for, for how long, and the impact the donation will have on them and their families. It is important that prior written notification indicating the location and amount of land that is sought be provided and that its intended use for the project is disclosed. - Where the intention is to deprive the parties affected by the donation of the land permanently, or for a significant length of time, this must be made clear. It should be noted that in many communities the concept of alienation of land is uncommon and difficult to understand, and care needs to be taken to ensure that the implications of this are fully understood. It is also important to decide who else should be consulted about the proposed donation; for example, spouses and older children. - There should be a clear agreement as to which party will pay the costs associated with the donated land. This could include measurement costs, documentation and notarial fees, transfer taxes, registration fees. It should also include the costs of re-measuring/re-titling the transferee’s remaining land and any new documentation relating to it. - - (V) ESTABLISHING INFORMED CONSENT - Version B – February 2019 Prepared for Ministry of Infrastructure Development - It is crucial that the project team is confident that the decision to donate was taken in circumstances of informed consent or power of choice. As discussed earlier, this means being confident that the owner(s) or user(s) of the land understand:  What the land is going to be used for, by whom and for how long;  That they will be deprived of the ownership or right to use the land, and what this really means;  That they have a right to refuse to donate the land;  Whether there are alternatives to using this land;  What they will need to do to donate the land (e.g., execute documents, get spousal consents, pay taxes);  The effect of the donation on their family, and what they can do if they (or their family or heirs) want the land back.  The exact demarcation of land boundary for the project’s use;  Whether there are proposals which would allow other land to be used;  What they will need to do to donate the land;  The intergenerational effect of the donation on their family, what they can do if they (or their family or heirs) want the land back. - The terms and conditions of the land donation must be mutually agreed upon and detailing in a written agreement. (VI) DOCUMENTATION - It is necessary to distinguish between: (a) the agreement to donate the land; and (b) the document that carries out and evidences the legal transfer of the land. While it is important to have evidence of an intention and agreement to donate the land, it is equally important to ensure, where required and appropriate, that the land is legally transferred. While the process relating to the legal transfer of the land is frequently complicated and time consuming, it must be addressed. [In specific circumstances, for example where the land is being transferred to the community, it may not be necessary to legally transfer the land. However, experience indicates that lack of formal transfer can create significant uncertainty in the future, which impacts on the sustainability of the infrastructure and services, and can have a negative effect on community relations.] - To ensure that any land provided for the siting of subprojects is contributed voluntarily, in accordance with the requirements of the ESMF, two representatives of the landowners (family or clan) are asked to sign a Land Commitment Letter (see below). This certifies that the land is voluntarily donated for the purposes of the subproject and for the benefit of the community. The signature of the Letter is witnessed (as attested by their signature) by a suitable project representative. - The project team should:  Identify the appropriate documentation, including the agreement to make the transfer and any legal documentation that may be required;  Ensure that the agreement: - Refers to the consultation has taken place; - Sets out the terms of the transfer; - Confirms that the decision to transfer was freely made, and was not subject to coercion, manipulation, or any form of pressure; - Attaches an accurate map of the land being transferred (boundaries, coordinates); Version B – February 2019 Prepared for Ministry of Infrastructure Development - Sets out who will bear the costs of the transfer (e.g., notarial fees, taxes, title issues) and documenting the residual land rights.  Ensure that all necessary parties sign the documents, including obtaining consent from spouses and children over a certain age;  Ensure that the transfer and title is registered or recorded; and  Ensure that the land remaining after the donated land is excised is properly titled, registered or recorded. - - It is also important to maintain a record of the process that has been followed. Such documents could include the following:  The notification indicating the location and amount of land that is sought and its intended use for the project, with a record of when and where this was made public;  Records of the consultations that were held and what was discussed;  A copy of the due diligence that was conducted;  Copies of each of the formal statements of donation, establishing informed consent as described above, and signed by each owner or user involved;  Copies of all documents, registrations or records evidencing the legal transfer of the land; and  A map, showing each parcel of land. - The Project implementing agency should maintain a record with documentation for each parcel of land donated. Such documentation must be available for World Bank review, and for review in relation to any grievances that may arise. (VII) GRIEVANCE ARRANGEMENTS - Grievances may be referred to customary conflict mediation arrangements where they are not directly affiliated with traditional leaders who are a party to the donation process. Version B – February 2019 Prepared for Ministry of Infrastructure Development APPENDIX 2 – CHECKLIST FOR ABBREVIATED RESETTLEMENT ACTION PLAN (ARAP) Version B – February 2019 Prepared for Ministry of Infrastructure Development A complete ARAP will have the following minimum contents: - Contents of the ARAP Yes No Remarks Introduction - Rationale of Bank support to the project described (country/sector context) - Amount of Bank financing and co-financing described - Bank-supported activities described Project Description and Components - Project development objective, components, geographic coverage and typology of subprojects described - Project location, including related activities well described - Map/maps of project area/area of coverage, components, etc., presented Objectives, definitions and key principles of the ARAP provided Legal, Policy and Regulatory Frameworks - OP 4.12 presented and with rationale for triggering fully explained/described - Country policies, laws, rules and regulations applicable to land and involuntary resettlement presented and fully explained - Relevant international agreements host country entered into that are applicable to the project presented and fully explained - Gap analyses between host country laws and regulations vis-à-vis the Bank policies and gap filling measures fully described in the ARAP Census survey and asset inventory - Detailed presentation of the findings of the socio- economic studies conducted (e.g., current occupants of the affected area) Version B – February 2019 Prepared for Ministry of Infrastructure Development Institutional and implementation arrangements - Implementation clearly spelled out - Delineation of responsibilities for implementing resettlement clearly described - Capacity building measures explained in detail Monitoring and evaluation arrangements - Explained in a clear manner Resettlement packages and eligibility criteria - Presented in detail (including valuation methodology) Grievance Redress Mechanism - Mechanism/s to receive complaints, grievances and facilitate resolution in a fully transparent way clearly described Public Consultation and Disclosure - Consultation processes and disclosure of information, instruments, etc. clearly presented and details provided Budget and costs - Estimate of budget and costs clearly detailed - Authorities responsible for providing the budget clearly identified Version B – February 2019 Prepared for Ministry of Infrastructure Development APPENDIX 3 - LAND DONATION COMMITMENT LETTER TEMPLATE Version B – February 2019 Prepared for Ministry of Infrastructure Development - Date: ………………………………………………. - - Village, Province: ………………………………………….. - - I/We …………………………………………………………………………….. [name(s)] acknowledge, I am/we are the rightful representative (s) of the land located at - …………………………………………………………………………………………………. - I/we confirm, I/we have the right under custom law, with agreement of community leaders, to gift this land for the purpose of ………………………………………………. and sign this letter as a commitment of our voluntary donation that will benefit our whole community. - I/we declare that: - I/we have the right to transfer rights to use or access this land; - I/we understand that all residents will have access to this site and in order to maintain the asset/infrastructure; - I/we commit ourselves in upholding the contents and spirits of this agreement for so long as it remains in force; - I/we understand this donation is a gift that will benefit our whole community and understand no compensation payments will be made now or in the future; - I/we understand that dishonoring this agreement could result in project termination. - - Details of the land (size in sqm, location of village, structure, type –unused, bush, garden) - - -------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- ------- - For the purpose of: (specify activity) Version B – February 2019 Prepared for Ministry of Infrastructure Development --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- - For the duration of: (specify commencement date and duration) --------------------------------------------------------------------------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- *Natural Resources Donation (optional) [This may require a separate agreement form depending on the context, quantity being donated, and number of resource owners] - I/We …………………………………………………………are the rightful resource owner(s) (e.g. sand, gravel, rocks, timber) located at ……………………………………that area also being donated to the project. - I/We commit to donating ………………………………………………..as a contribution for the project. - Signed: - Position Signature Name Male Household Head Female Household Head Landowner^ Clan or landowner representative (if applicable) Resource Owner (1)* Resource Owner(2)* Village Chief Govt/Project Representative Witness - (Append list of all customary owners if relevant) Version B – February 2019 Prepared for Ministry of Infrastructure Development APPENDIX 4 – OUTLINE OF LAND ACQUISITION Version B – February 2019 Prepared for Ministry of Infrastructure Development General Outline of Land Acquisition A. Executive Summary B. Project Description C. Scope of Land Acquisition and Resettlement D. Socio-economic Information and Profile E. Information Disclosure, Consultation, and Participation F. Grievance Redress Mechanisms G. Legal Framework H. Entitlements, Assistance and Benefits I. Relocation of Housing and Settlements J. Income Restoration and Rehabilitation K. Resettlement Budget and Financing Plan L. Institutional Arrangements M. Implementation Schedule N. Monitoring and Reporting Version B – February 2019 Prepared for Ministry of Infrastructure Development Appendix K: MID Proposed Modified Land Acquisition Process Version B – February 2019 Prepared for Ministry of Infrastructure Development Appendix L: UXO Response Plan UNEXPLODED ORDNANCE CLEARANCE Description This work shall consist of the detection and disposal of unexploded ordnance (UXO) that exist within the confines of the site and the certification that the entire site is free from contamination and is safe for all construction operations. The work shall include the following activities: (i) Detailed Contamination Survey (ii) Detection and Disposal of UXO The Contractor shall carry out all necessary UXO detection and disposal and shall carry out such checks as shall be necessary to enable him to take full responsibility for safety from the risk of UXO over the whole area of the Site and for all construction operations. General Requirements Standards The Sub-Clauses of this plan relating to the detection and disposal of UXO are derived from standard peace time range area clearance procedures typically in use by NATO military forces with modifications drawn from experience in the Indochina region. The procedures and methodology recommended by the United States Army Corps of Engineers for remediation of formerly used military sites were also taken into account and the resultant procedures closely follow best international practice for commercial activity in this field. Limits of Work Searching to remove UXO is required to provide a safe working environment for road construction. Clearance is required along the route alignment that is to be cleared of UXO to an overall width of 5m outside the limit of physical works on each side of the project roads and/or water main, the depth of any construction work is anticipated to be a maximum of 2m. This comprises a civil works area where the road/watermain will be constructed, plus a safe working zone added to the outer peripheries of the civil works area to provide reasonable safe turning and working room for plant and construction vehicles. The complete width as defined in these specifications including any existing trafficked road formation, with the exception of intact pavement sections, is to be searched by metal detector using UXO area clearance techniques. The complete width of 10m outside the limits of physical works on each side of the project roads, including any existing trafficked road formation together with all paved sections, is to be swept by magnetometer. Additional searching for UXO may be required outside of the right-of-way to allow access to resource areas, camp sites, construction lay downs, bridge abutments and approaches, etc. Version B – February 2019 Prepared for Ministry of Infrastructure Development The limits of clearance required along the route will be determined from the results of the detailed contamination survey carried out in accordance with the provisions of sub-section 1.2.2 of this plan and as approved by the Engineer. Areas of Non-Original Soil Areas of non-original soil may exist containing UXO of indeterminate size at indeterminate depth. The maximum cut depth will be limited by the capability of the search equipment in geologically reactive soil. Where earthworks are to occur below 30 cm in such areas, (detection performance depth for BLU 26/36 or equivalent) then complete UXO removal can only be achieved by successive search then-cut techniques. During initial searches the Contractor will be required to record and report on such areas to ensure that the required search-then-cut process is applied later in conjunction with construction. Clearance Performance Requirements Searches are to comprise a 100% area sweep by metal detector to remove shallow items, followed by a magnetometer search. Magnetometer searching is to be conducted at no greater than 1 metre lane separation. Searches are to achieve the removal of all UXO within the specified size/depth capacity of the search equipment. All areas completed are to be certified free of UXO to within these limitations. Contractor's Nominated Ordnance Expert The Contractor shall nominate and provide an Ordnance Expert, who shall have appropriate internationally recognised qualifications or appropriate verifiable experience in its own or other countries, acceptable to the Engineer. It will be the sole responsibility of the Contractor's Ordnance Expert to declare each area of the site safe for construction operations and no construction activities shall be carried out in any area until this has been done. The Ordnance Expert will advise separately on works required ‘within' and ‘outside' the areas with UXO. Staffing Personnel involved in UXO clearance must satisfy the following criteria: (i) staff supervising UXO searching must have qualifications and experience commensurate with the United Nations Standards; and (ii) staff supervising magnetometer survey or conducting Quality Control must have received formal recognised training on and have field experience in magnetometer use; and (iii) staff must have received a formal course providing them as a minimum, with instruction on UXO recognition, metal detector use, UXO excavation and first aid. UXO Disposal The Contractor will be responsible for the safe disposal of all UXO recovered. Where collateral property damage is likely to occur as a result of disposal activity, the Contractor will be required to first advise the Engineer before proceeding. Version B – February 2019 Prepared for Ministry of Infrastructure Development Explosives The Contractor will be responsible for the supply, storage and security of all explosives required for UXO disposal and their use will conform to the requirements of internationally recognised Specifications. Compensation In the course of clearance operations it may be necessary to damage crops, remove fences etc. The Contractor will be required to notify the Engineer in writing with a copy to the Employer prior to taking any action that may cause damage resulting in demands for compensation being presented. Medical and Emergency Evacuation The Contractor is required to provide the facilities and arrangements as defined in sub-clause 3.1 b) of these Specifications. Government Registration and Liaison The Contractor will be required to demonstrate that it possesses formal registration by the relevant regulatory authorities in the country prior to commencing any site works. In addition the Contractor will be required to secure the necessary approvals and clearances from the appropriate Government Department enabling it to carry out UXO works in the country. The Contractor shall maintain close liaison at all times with the appropriate authorities in the country, particularly those engaged in the ordnance clearance operations, and shall cooperate with them, particularly in the disposal of unexploded ordnance. Equipment Requirements UXO Detection The Contractor is required to nominate the search instruments to be used for the UXO clearance task. Search instruments must be capable of operating in the conditions prevalent in the country. The proposed metal detectors must be capable of confidently detecting the following when operating under the expected conditions: (i) projectiles 20 mm HE or items of equivalent detectability to a depth of 25 cm; and (ii) BLU 26/36 or items of equivalent detectability to a depth of 30 cm. The proposed magnetometers must be capable of confidently detecting 81mm HE Mortar Bombs or items of equivalent detectability, to a depth of 1.25 metres in low magnetic noise conditions and to 0.75 metres in areas of high magnetic background noise. The Contractor is required to provide evidence constituting an independent and objective verification of proposed instrument capability. Instrument capability will be tested and approved by the Engineer prior to its use on site. Further performance audits will be conducted during contract execution. Provision of Equipment to the Engineer Version B – February 2019 Prepared for Ministry of Infrastructure Development The provision of equipment, manpower and assistance to the Engineer for Audit checking of the Contractor's work, prior to endorsement of any certificate shall be the responsibility of the Contractor, and the quantities of equipment, manpower and assistance shall be such as to be compatible with planned rates of construction progress. Operation Requirements Method Statement and Programme Within 28 days from the issue of the Notice to Proceed the Contractor shall submit to the Engineer a detailed method statement for the de-mining and UXO clearance works. The method statement incorporating a detailed, resourced programme to ensure that all areas within the project site are safe, to internationally accepted standards, for construction operations shall include: (i) intended procedures for the clearance; (ii) work plans showing estimated time schedules; (iii) clearance team structure; (iv) type of equipment proposed; (v) quality control programme. The Programme shall be revised and submitted to the Engineer at monthly intervals throughout the contract period and shall be adhered to whenever possible. Detailed Contamination Survey Prior to any mine and UXO clearance operations being conducted the Contractor will be required to carry out a detailed contamination survey of the Site to determine the extent of the mine and UXO clearance operations required. Survey and delineation of UXO contaminated zones will be carried out in accordance with the provisions of this plan and shall consist of 100% metal detector searches on 2 metre wide cross sections over the full width as defined in the Special Provisions at 100 metre intervals along the centreline of the alignment. Magnetometer searches are not required. Positioning To enable accurate positioning and recording of search areas within the defined limits, the Contractor will be required to geodetically survey and mark the new road centre line. The outer boundary limits of clearance work, measured from the surveyed centre line, may then be located and marked. The limits of the construction support areas requiring clearance will be defined by the Contractor. The boundaries of all areas cleared of UXO must be recorded and marked by semi-permanent means to facilitate subsequent identification during construction. Contractor's Quality Control and Certification The Contractor is required to include in its Method Statement as required under sub-clause 3.1 d) of these Specifications a formal Quality Control Programme. Quality Control surveys constituting a minimum 10% of the searched area are required. The control areas are to be searched initially by metal detector followed by a magnetometer search. Version B – February 2019 Prepared for Ministry of Infrastructure Development Control areas and results are to be recorded and reported by formal log. Log sheets are to be personally signed off by the Contractor's Ordnance Expert and are to be available for examination by the Engineer. At least seven days before the Contractor intends to enter any area of the site to commence construction works, the Ordnance Expert shall submit, to the Engineer, his certificate declaring the area concerned to be safe for all intended construction operations. The certificate shall clearly define the area concerned and shall be supported by the log sheets that will give details of the types of survey carried out and the classes and methods of disposal of the various UXO encountered. Audit of Cleared Areas The Engineer may perform a formal 10% check of UXO cleared areas. These percentages may be increased at his discretion. If UXO are located during these checks, then a re-search at the Contractor's cost will be required. Finds triggering re-searching are either: (i) one BLU 26/36 or metallic item of equivalent detectability per 10% of grid will require re-searching for UXO in that grid; or (ii) three 20mm rounds or metallic items of equivalent detectability per 10% of grid will require a re- search of that grid. When satisfied, the Engineer shall endorse the Contractor's Ordnance Expert's certificate. The Contractor shall not enter the area of the site concerned until such endorsement has been obtained. Such endorsement shall not relieve the Contractor of any of his responsibilities under the Contract. Before providing such endorsement, the Engineer shall be entitled to consult the nationally recognised authority for UXO clearance in respect of the thoroughness of the ordnance search, and shall be entitled to withhold endorsement if so advised. Measurement and Payment Detailed Contamination Survey for minefields shall be measured by square metre of area surveyed and recorded in accordance with these Specifications. Detailed Contamination Survey for UXO shall be measured by kilometre of alignment surveyed and recorded in accordance with these Specifications. Mine Detection shall be measured by square metre of site approved for clearance as determined by the results of the Detailed Contamination Survey and certified and endorsed as cleared in accordance with these Specifications. UXO Detection shall be measured by Hectare of site approved for clearance as determined by the results of the Detailed Contamination. Version B – February 2019 Prepared for Ministry of Infrastructure Development Appendix M: October 2018 Consultation Minutes No Date Activities Team Oct 18 - Nov 7th 2018 1 Thursday 18th  Morning - travel to Auki by Solomon Airline 1. Malakai domestic flight 2. Joyce  Afternoon – Community consultation at 3. Joy KILUSIKWALO 4. Primo 5. Keli 6. Martha 7. Lily 2 Friday 19th  Consultation notification for Gwailiki, 1. Malakai Gwuanaru’u, Tautaumalefo, Kwainaketo and 2. Joyce Kona Communities 3. Joy 4. Primo 5. Keli 6. Martha 7. Lily 3 Saturday 20th  Consultation Notification for 8 from Auki – Bina 1. Joy South Road 2. Primo 3. Keli 4 Sunday 21st  Preparation of consultation note and 1. Primo consultation Brochure 2. Joy 5 Monday 22nd  Conduct community consultation at Gwailiki 1. Joy and Gwanaru’u communities 2. Primo 3. Keli 4. Martha 5. Lily 6 Tuesday 23rd  community consultation at Kwainaketo, Kona 1. Joy and Tautaumalefo 2. Primo 3. Keli 4. Martha 7 Wednesday 24th  community consultation at Oneoneabu, Sita 1. Joy and Abukwau 2. Primo 3. Kelly 8 Thursday 25th  Community consultation, at Kwaimela , the 1. Joy other two community’s namely Ananakinaki 2. Primo and Abalolo was reschedule for another date 3. Kelly which is on Monday 30th of Oct 2018. 9 Friday 26th  community consultation at Afetafa during the 1. Joy morning and Bina hill late in the Afternoon 2. Primo 3. Keli 10 Saturday 27th  community notification and letter distribution, 1. Joy and trying to establish video telephone 2. Primo conference with W/B TFSU office based in 3. Keli Tonga  Notification and letter distribution continues. 1. Joy 11 Sunday 28th 2. Primo 3. Keli  community consultation at Ananakinaki, Foau 1. Joy 12 Monday 29th community 2. Primo 3. Kelly 4. Lily Version B – February 2019 Prepared for Ministry of Infrastructure Development 13 Tuesday 30th  Consultation meeting at Bethlehem and 1. Joy afternoon at Bina Community 2. Primo 3. Kelly 4. Lily 5. Martha 14 Wednesday 31st  Consultation for Gwaibaleo in the morning 1. Joy and Koa in the afternoon 2. Primo  These two community were the first 3. Kelly communities along Aoki Dala 7 km road 4. Lily section. 5. Martha 15 Thursday  Travel from Auki to Honiara 1. Joy 01/11/18 2. Primo Detailed consultation report for each of the community: Thursday afternoon 18th October 2018  Community Name: Kilusikwalo Community  Consultation: Venue: community Hall  Village catchment Area covers 1. - Kilusakwalo 2. - Gwaisusuru 3. - Namobaula  Starting Time: 3:30pm No Of 40 Participants Male 33 Female 7  Opening Prayer and word of welcomed - Chief Birai  Malakai: Presented a brief introduction and informed the community that when World Bank ask SIG what is the Priorities for Malaita, the road was highlighted as the governments number one priority for the people of Malaita, The project will focus on upgrading and maintaining the seal and unseal roads on Malaita province,  This is just an initial consultation, and detail scope of the upgrade and maintenance program will be finalized and community will be informed and consulted before works can start.  Key focus area: Road Maintenance using machine base not LBES, the project is also looking at Creating income activities for families mostly Women  Primo Chapa: Brief on the social issues such as Land issues GBV, HT and CAE Every development has both positive and Negative impacts, land issue will really affect the project if not managed well, and Issues such as GBV, CAE and HT are important for this project to address during the consultation. The bank does not want to see these social issues increase during project implementation which could cause disharmonization among the communities and be seen for not informing the communities and relevant parties of the project at an early stage. Version B – February 2019 Prepared for Ministry of Infrastructure Development  If land and resource owners are not well informed this could lead to them not actively participating and they would reluctantly not show interest toward work and support for the project, thus would have a negatively impact on the delay of the projects implementation.  Through these consultations the Bank wants to gather from community and relevant stakeholder groups their views in agreement and support toward the project during implementation.  Community Elder: stated the following concerns;  They are happy with the project and request the Bank to ensure that the work must be of quality. Thus meaning there is the need for a qualified and experienced contractor who has proper machinery to do the sealing, because we already experience a lot of donor funded projects, whereby money had been wasted due to poor maintenance carried out by local contractors who do not have the proper machinery with a qualified engineer.  Elder: The projects intention to improve our roads is right and good;  Community wants to know the Banks timing to begin implementation of SIRAP.  The Bank must ensure it avoids overlooking awarding contracts to ill behaved contractors, whom from previous road constructions under the Ministry of Infrastructure have received money for road works which they ended up not properly implementing the sealing works for the whole road sections designated to them under their contracts, which resulted in the bad deteriorated roads within our town and communities,  Malakai: “The project has a budget, which is the construction budget, Thus it can only do what the budget allows it to do”  Elder: quality output is important during implementation, Contractor need to work with proper equipment to do the sealing works.  Mostyn: “will the Bank stop the project should a portion of the road section is being disputed? Especially along road sections which people erect small stalls or own properties on top of the road reserve.  Primo: People will need to voluntarily remove their small stalls if they know that they have built these on top of the declared road corridor. Version B – February 2019 Prepared for Ministry of Infrastructure Development  Kilusakwalo community offer their full support to the Bank for SIRAP and they highlight that people in Malaita also deserve better quality infrastructure that can last without having to spend money on work that only last for a few months.  Elder: Fiu Bridge - No safety, the bridge is narrow and is not safe for pedestrian, need a good design which caters for a proper and safe walkway  Primo: Those Bridges which will be upgrade in the scope of SIRAP project, safety will be considered in the design for these bridges.  Malakai: The project has a plan to ensure that safety of the infrastructure is included in the build design of each upgraded works for the road and bridges.  Chief Clement: “We don’t want the contractor’s that practice double standards (mix Tar in a kettle), we want qualified contractors.  Youth representative Noli Taki: We thank World Bank for considering safety of infrastructure, young people feel when the road is safe, Youth’s feel safe.  Primo: the project will also consider climate change resilience in their design for road and bridges.  John: The Tender process; will it be open for both national and international contractors?, Our communities want an international contractor to be awarded the road works contract for SIRAP.  Malakai: There is a Procurement Tender Process, but the Bank wants to also involve a national to work on the project but would be manage through an international contractor. The Bank is also happy for those offering free gravel, but if other resource owners would expect to receive some incentives from use of their gravel, the Bank would want to make it fair to everyone, thus it will look at standardizing a rate which will be suitable and reasonable enough to support the resource owners.  Elder no1: “I really appreciate establishment of the SIRAP project and how it will be planning to engage with resource owners and relevant Stakeholders, because it is the first of its kind to realize and recognized the need to work with the right people whom will directly benefit from the project”.  Elder no 2: “It’s good that discussions and clarity on the road act is done through this consultation to inform our young people that there is a law that governs our road infrastructure.  Elder: no 3: “While we appreciate what the Bank is proposing, we suggest that we should also look at how the PWD Public Work Department which was replace by the current MID outsourcing of Civil work as a classic example for SIRAP to consider some of it’s approaches and tailor their maintenance activities similarly to Version B – February 2019 Prepared for Ministry of Infrastructure Development that of the PWD (A system in the early sixties to seventies, engaging civil works for road construction/maintenance under Ministry of Infrastructure and Development)  Police Officer: We urge the Bank through SIRAP to include speed signs in their improvement and maintenance work along each of the seal and re - seal road sections to ensure road safety for the public is considered in the projects design.  Primo Chapa: In the scope of road upgrade and maintenance work, safety for road users and the community with our children going to school is also considered, the scope had mention that speed hump and rumble strep will be installed at certain locations near schools and markets where there is a high traffic volume.  Martha: “While we are grateful for the project, GBV is an issue with our young girls these days, it’s happening in towns and where logging camps are operating and loggers are offering gifts and money to our young girls in exchange for sex. If we do not do anything to address these issues, our young girl’s lives will be at risk and we do not want our children to expose to these kinds of social activities. Please prepare a safe community for your girls and young people, ensure we must work together to uphold our custom and culture and this is very important that leaders must support your community and families to respect our culture”  Martha: e.g; some husbands are selling their wife’s and daughters to earn money. It is a demand that we protect our community and families.  The Bank has strict policy which has a Code of conduct that will demand the contractor to sign and abide by once they are awarded contracts and before mobilization to the project site. The contractor is closely monitored to ensure they are adhering to the Code of conduct requirements. They will be expected to engage in addressing certain issues regarding gender based Violence, Human trafficking, HIV& AIDS etc. Friday morning 19th October 2018 Monday morning 22nd October 2018 Community Name: Gwailiki Ward/Constituency: West Kwara’ae Village catchment Area covers; 1. - Tataferade 2. - Gwaliki 3. - Dadaisalu 4. - Feidaedae  Consultation Venue - Community Hall  Time start 10:05 Am Version B – February 2019 Prepared for Ministry of Infrastructure Development No Of 26 Participants Male 22 Female 4  Opening Prayer by Former Member of Parliament Mr Benjamin Una  Primo: Acknowledge gathering and thank community members for taking time to attend meeting, A brief introduction about the SIRAP Project and the propose scope of the road improvement Program was explained to the community. He highlighted what community needs to know about the road upgrade activities in order to get feedback which will help the bank to prepare how to address certain issues during this appraisal stage of the project. Open for questions and comments:  Lily: From the Malaita National Council of Women made translation of the presentation into the local Dialect Language.  Gwaliki community is located near the steel trust Bridge which is commonly known as Fiu Bridge, members of the Gwaliki community are land owning parties who currently own the river gravel which MID contractor and the previous MID PWD have access to when gravelling most parts of the Malaita Road section.  The Fiu gravel source still need certification from MID laboratory and once approved then there is a need to get Building Material Permit from Ministry of Mine and Rural Electrification.  Chief and former Member of Parliament (Benjamin Una): Stated leaders of all the tribes are present at this consultation. The community was very disappointed when the Prime Minister uttered his speech two years ago stating to the people of Malaita that there will be no future Development for Malaita. The presence of this team from the World Bank gives us Hope for the next generation and how will we as a community and resource owners going to allow our resources for use on this project? A committee has been established with standard rates for the use of Resources if there is need for its use in the future.  George Herming: The committee is established to work with Developers. A question raised, will the contract be tender and is there any chances for sub contracts to community groups for engagement during the project?  Benjamin Una: From previous road works engagements. Many community groups have been confused by contractors during engagement in the past which has set Version B – February 2019 Prepared for Ministry of Infrastructure Development some bad precedence on trust of community engagement with road construction works with National and local contractors.  Team: The Tender Procurement process will be managed through the SIRAP office with the support from the Bank and MID. An office will be set up in Auki to manage any contract preparation, implementation and supervision of the project.  Benjamin Una: Our local contractors have failed to carry out proper upgrading and Maintenance of the road and bridges works awarded to them, as such millions of Dollars have been wasted, MID and SIRAP should be made aware of such contractor which already has a bad reputation.  Salotea lake female leader: The community committee fully agree with the SIRAP project rendering our full support, however we also need the government to fulfill and own up to their previous demand for our resources e.g community support in kind which was promised to our community by an individual license local LBES Contractor and has not been fulfilled up to date.  Casper Kote,e - Tataferade Chief: As chief, I want to assure SIRAP that I fully support your Program for the people of Malaita, and want to thank World Bank for the wonderful gift.  Chief Samuel: A lesson for SIRAP and MID to carefully consider in future is the bad practice of local contractors whom have not respected the agreements made with resource owners for use of their resources for road works.  Chief Sisil: “Why is our gravel not being used and loads of it was transported from Honiara by Boat for road sealing on Malaita”?  Team: Primo and Joy: for sealing work, the contractor had to use approved or certified gravel materials, so if our gravel site does not provide the required material that can produce better quality output for the road, then they had bring aggregate from somewhere else, which is a very expensive exercise that most contractors wouldn’t want to engage in with road works.  Chief Herming: A good opportunity for resource owners to develop our resources and plan to set up a crusher on site near the river source for future development for road works.  Kelly MID: Sometimes when one tribal group allow their land and resources to be used, only one member of the tribe will go straight to the contractor and start putting up road blocks to prevent them from sourcing Gravel which hinders the projects implementation. Version B – February 2019 Prepared for Ministry of Infrastructure Development  Primo: The Bank would like to inform your tribes and your communities on how you all will decide on a reasonable and fair standard rate for Gravel and coronas material to be used for road works, it is best to also consult with Contractor and the SIRAP office in Auki to agree on such for use on the project if need be.  Benjamin Una: Previously our older generation allowed gravel for free to use for development, nowadays new generation charges their resources. The new generation’s mindset is money oriented not like our older people in the past.  Samuel: Fiu to Gwailiki should be considered as a highway, ensure when sealing works is implemented it should allow space for pedestrian side walk for our women and children travelling to and from to Market and school. Monday afternoon 22nd October 2018  Community Name: Gwaunaru’u/Kwalobala  Ward/Constituency: West Kwara’ae  Village catchment area Cover 1. - Gwaunaru’u 2. - Kwalobala 3. - Faiako  Consultation: Venue: Community House  Time started: 5:30pm No Of 36 Participants Male 23 Female 13  Opening Prayer by Lily  Chief Oscar welcomed the Team  Primo: Introduced the team and members (Joy, Primo, Lily, Martha and Kelly) after the presentation. Community participants were asked to continue with feedback.  Community members: Raised the issue of safety reminding SIRAP to consider the following safety measures, seeing many of the community children walk to school;  Include in design road humps within crossings for school and large communities settled along both roadsides.  Rumble strips to slow speeding vehicles where. Version B – February 2019 Prepared for Ministry of Infrastructure Development  Include in road design, sidewalks along roadsides for pedestrians.  Resource Owners: Have concern over incentives if this will be considered for the use of their resources which they will allow for use for the project, but at least a reasonable agreement for these is done for the project and resource owner.  Lily: The team need to gather views from the community and want to know if you fully support the project or not.  Leader: The Airport gave weight for the need of road access which really benefitted our community in the longer term, so we appreciate other works which we as a community see will always benefit our communities greatly.  Oscar Resource Owner: Road corridor is not the issue. It is us the community dwellers whom should be mindful of how we make claims unnecessarily for the properties we at times plant our crops along the designated road alignment which is not correct and according to the teams presentation, there is the provision of voluntary resettlement which should be our understanding an option we take when the matter arises.  Martha: elaborated on real cases of GBV within the organisation she is working with within Auki Malaita. GBV, CAE and HT are real issues and already exist within many Malaita communities which on the raise. It is good that through these consultations that the communities are also reminded to look further into ways they should be best managing their families and prepare to face such issues should these arise. Families be reminded to protect and keep your families safe at all times. Take strict and disciplinary measurer’s to look after your families.  Martha continue: Also be reminded not to vandalise road furniture’s along the roadside when these are erected during implementation phase of the project. Be reminded also that the road is our financial corridor if we do not have road that comes through our village, we will have no access to send all our farm produce to a market centre where we can get quick money from it. Tuesday morning 23rd October, 2018  Community Name: Kwainaketo community  Ward.1 Aoke Langalanga constituency.  Village covers during the awareness  Southside (South Road)  Time started: 9:52 am No Of 34 Participants Male 22 Female 12 Version B – February 2019 Prepared for Ministry of Infrastructure Development  Welcome by chairman:  Opening prayer: Francis Kali  Introduction: Primo went through brief presentation based on the handouts Note and consultation brochures presented to the participants on background of SIRAP Project and the purpose of the community consultation meeting.  Primo after presentation time was given to community tor question and comments.  Chief Francis Ete and members of the community: Raised following concerns;  Will SIRAP and its contractor sub contract for minor clearing and vegetation works? Kwainaketo community is well versed in engaging through such contracts, especially the women and Youths within the community, whom have heavily being involved in LBES contracts for clearing, removal and vegetation works along road sides and drainages  SIRAP to be reminded that sub-contracting such small works should not be arranged through a contractor, instead it should be made direct from the office with the community groups  Primo: that depends on the contract scope, probably most of the work which will be included in the road upgrading will require proper machinery and if there is a provision in the tender document that allow for sub contracts, then it will be a matter for SIRAP to look into how the contractor will do this during implementation.  Francis and community: Appreciate SIRAP approach through conducting initial community consultation before actual start of the project, couple concerns was highlighted strongly;  Safety for the public road users – traffic signs and speed limit sign boards to be erected at certain locations although these don’t seem to work well nowadays. Include speed Humps – need for proper sidewalks – for safety of our children going to school,  The community is located at a lower level of the main road which one can regard as the highway going south side of the Island, thus is very close to the road corridor, so request protection rail should be install especially with our community here at Kwainaketo our village is located on the sharp bend and there is a high risk of homes being run over by a speeding vehicle.  The Road works should include improvement of drainage works as well, seeing Malaita has a densely high rainfall rate compared to other Provinces and is a risk for ongoing deterioration of roads if not properly designed and make provision for such unusual weather pattern. Version B – February 2019 Prepared for Ministry of Infrastructure Development  If SIRAP can look at employing local skilled workers that are qualified within the communities. There are highly qualified skilled workers in communities whom could be useful assets for the contractor and the project.  Martha: Raised more than 500 women with children in our centre. Discourage – HT/GBV – and protect your young youths and girls safe from such activities. Be responsible community to manage your families and work hard to keep them safe. Tuesday afternoon 23rd October, 2016  Community name: Kona Community  Ward 1 Aoke Langalanga Constituency:  Southside (South side)  Village catchment area covers:  Time started: 12:00 pm No Of 10 Participants Male 3 Female 7  Opening Prayer Martha  Primo: Introduce Team  Primo brief community through consultation (distribute handout of presentation)  Open for comments  Martha elaborate on gender social issues – real situation on Malaita – with the women centre:  Teenage pregnancy – Death  Sorcery affect family  Community elders raised concerns over the following ;  What is the road corridor?  Does Malaita have certified Aggregate for use on the road Project?  SIRAP be reminder that Malaitans wish for an International Contractor to implement the project. “We do not need National Contractors” statement from the Kona community elders.  Primo and Joy: Responded to question on road corridor referring to SIG Gazetted roads Act which should be a guide for the roads around the Provinces Version B – February 2019 Prepared for Ministry of Infrastructure Development  Primo: SIRAP - will have an open tender process for the projects contractor.  Sarah (Female leader): Raised that the project will be a good one since it will create income generating activity for many rural women especially to engage women in road vegetation, trimming during the road works implementation phase and also open an avenue along the roadside for markets for our rural women. Wednesday Monday 24th October, 2018  Name of Community: Tautaumalefo  Constituency: Central Kwara’ae  (North side) - North Road  Village catchment Area Covers: 1. - Aimela. 1 2. - Amela. 2 3. - Cops land 4. - Tautaumalefo Start time 4:00 pm No Of 13 Participants Male 3 Female 10  Pastor Johnson Sugumanu: welcome Team and open consultation with opening prayer.  Primo: Presented handout to the community, followed by introduction of the tem and made presentation. Time was open for question and comments:  Pastor John: questioned; Will SIRAP use our resources during its roads constructions – or require contribution from communities?  Primo: Yes, your first contribution really is to support the project and if you have gravel materials that the project need to use but it is in your tribal land, please allow the project to use it so that you can get some direct benefit from it from the project.  Martha: Social issues which are raised during consultation are real and is happening within our communities.  Sexual exploitation, HT and Gender Based violence. Please keep your families safe from these social issues - as a community your leaders should prepare to manage these issues which is currently on the raise.  Pastor: questioned; will locals be able to get employed by the project? Version B – February 2019 Prepared for Ministry of Infrastructure Development  Primo: The Bank under SIRAP prioritise employing local skilled and unskilled workers to work for the project where necessary Wednesday morning  Community Name: Oneoneabu.  Constituency: ward 29 and 30 Aoke Langalanga constituency  Village catchment covers: 1. - Ura 2. - Oibola 3. - Oneoneabu  Meeting Venue: Community Hall.  Starting Time: 10:00 am No Of 29 Participants Male 26 Female 3  Opening prayer: Benjamin Siru  Primo: Introduce Team and acknowledge community’s acceptance to participate through the consultation.  Leader 1: Question: when will project begin  Primo: Currently project is at its appraisal stage the reason a need for these initial consultation with community, resource owners and relevant stakeholder partners need to happen. Also there is the need to set up the Office in Auki, thus these will take a bit of time to properly set up before actual project is prepared and ready may be towards mid or close to end of 2019.  Benjamin Siru: Resource owner will render support toward project, but will community need’s in kind be recognised under the SIRAP project for support?  Benjamin Siru: Question – Need for interventions for families/women  Leader: Question on properties along roadside, will these be compensated?  Primo: Road right of way is gazetted - Recorded and will discuss with right ministry if reasons are valid.  Leader: Grave yards exist along road side how will SIRAP deal with this issue?  Team: There are processes to follow in order to deal with such matters especially for tabu sites. Version B – February 2019 Prepared for Ministry of Infrastructure Development  Leader: Propose – after the main awareness by SIRAP Team, there is need for further awareness on risks –safety –social issues.  Leader Appeal to their communities: We do wider consultations internally and await SIRAP future consultation to provide our communities with more feedback on the presentation. Hope to meet SIRAP team again soon. Wednesday afternoon 25th October 2018,  Community Names: Sita  Constituency : Central Kwara’ae and Aoke Langalanga  Village catchment Cover: 1. - Sita, 2. - kwareasi 3. - Rongosulia  Venue: Sita Bus stop  Time started: 12:00 Noon No Of 25 Participants Male 17 Female 8  Opening prayer: Pastor David Bosokuru  Primo – Introduce Team and began presentation  Leader: Property claims – clarify to community.  Leader: Pastor Bosokuru community to voluntarily remove properties within current road corridor  Leader: comment, be reminded that what is within road corridor should not be claimed by community for it is government properties. government has already settled initially with and previous resource owners  Female leader: concern for safety of our children and communities. If the responsible Authorities can ensure un-license drivers are banned from driving illegally on public roads, speeding vehicles will increase need to consider safety in the roads design to ensure road safety signs are erected during implementation of road works. Wednesday evening 24th October, 2018  Community Names: Abukwau  Constituency : Central Kwara’ae and Aoke Langalanga  Village catchment Cover: 1. - Abukwau, Version B – February 2019 Prepared for Ministry of Infrastructure Development 2. - Patmos, 3. - Harasita, 4. - Malawei  Venue: Church Compound  Time started: 4:00 pm No Of Participants Male Female  Opening Prayer by the Pastor: Levi La’ao after welcomed the Team.  Primo: made the presentation.  Leaders and community commented on the following;  Property damage, will these be settled by the project?  How soon will SIRAP begin operation on Malaita?  Community welcome SIRAP and look forward to working closely with the project Note: The community attendance was the best out of the consultations, but there was not many question or comments made during the discussion. Thursday morning 25th October, 2018  Community Name: Kwaimela  Ward/Constituency: Central Kwara’ae  Village catchment Covers 1. - Maoro 2. - One’e 3. - Kwaimela  Consultation Venue: Community Hause  Time start: 1 pm No Of 19 Participants Male 15 Female 4  Elder, David Afia: Welcome the team and thank them for carrying out consultation.  Resource Owners Alick and Chief Henry Beba: Raised following concerns; Version B – February 2019 Prepared for Ministry of Infrastructure Development  Can some small incentive be agreed upon for the use of our over used quarry? We are not asking for much. Whatever is reasonable for the Project to pay is good enough for us resource owners.  Chief Alick offers his site by Kwaimanafu river bank for set up of a crusher for the roads sealing works.  A major concern over the communitiy’s current Water source with a catchment of 600 population which has been long affected by the many road constructions. SIRAP during it’s implementation phase construct a proper drainage system set-up to protect the community’s only water source heavily dependent on for our daily drinking, cooking and washing.  And if it is possible SIRAP construct a concrete laundry slab and tub by the water source for our women to do their laundry washing.  Jeffery: Employment: can there be some job under unskilled available for our youths to engage with contractor. Friday morning 29th October, 2018  Community Name: Afetafa  Ward/Constituency: Central Kwara’ae  Consultation Venue: Community Hall  Time start:10:05 Am No Of 28 Participants Male 18 Female 10  Primo asked community to open consultation with Prayer by the Pastor Ukran. He followed by acknowledgment of community for acceptance of the invitation. Presentation followed right after.  Afetafa leaders women and Youths shared their concerns as follows;  Questioned claim of properties which might be in the way of road construction how will these be compensated.  Safety for all road users most especially School children travelling to Schools daily  Can safety measures be considered by project? e.g: construction of road humps, rumble strep and side rails along road sections with very steep edges and culverts which should be included during scoping phase of project. Version B – February 2019 Prepared for Ministry of Infrastructure Development Friday evening 29th October, 2018  Community Name: Bubusua/Bina Hilly  Ward/Constituency: Central Kwara’ae  Consultation Venue: Community Hall  Time start: 5pm No Of 28 Participants Male 14 Female 14  Bubusua/Bina Hilly 8 surrounding communities  Represent – Bina Hilly  Gwaidingale  Joy introduce the team followed by presenting the SIRAP project to the community  Open for comments and Questions:  Willie commented on the following;  Landowners should allow and offer their gavel for free for use on road.  Mark raise concern over the following;  Families to consider advising their children on safety, it is important. The project trucks will use the road so it’s important that every parents need to talk to their children.  Community contribution – local skilled and unskilled labour  Chief Obed Obea; raised we want the project to start as soon as possible  Woman representative (Joyce):  On behalf of all our women we are very happy with the Team and the message you shared, I urge every parent to do your part to do your part. We also request a market house on the side the road in front of the Gwaidingale CHS  The project only cover the main road or also the feeder roads?  Question by Elder: The current scouring at the main junction to Bina Harbour, will that be also covered by the project? Version B – February 2019 Prepared for Ministry of Infrastructure Development  Kelly (MID Malaita) replied; MID has picked it up for construction under Island engineering contract, 2018. Monday morning 29th Oct 2018 Community Name: Anonakinaki/Abalolo  Ward/Constituency:  Village catchment Area covers  Abalolo, Foau  Consultation Venue – Community Hall  Time start 10:36 Am No Of 33 Participants Male 20 Female 13  Opening Prayer Catechist Eric, followed by welcome.  Primo made introduction of team and acknowledge community for their time and participation. And he continued with brief introduction of the project. Open for comments and questions:  Leaders raised the following concern’s;  Safety especially for the school children.  Under SIRAP is sharing now through this project on road reserve and corridor which is managed by the government.  A safety concern is for the project to consider erecting safety road Humps and signs within certain locations of the sealed road. Also there is the sections along the Foau hill with very steep curve which will seriously need guard rails along the sealed section for protection.  Today Communities lack access to the kind of information the Bank under SIRAP is sharing now through this project initial consultation on road reserve and corridor which is managed by the government, the need requires ongoing awareness on such information for the public to understand the roads right of way which is guided by the Road Act a document which is currently pending Government approval.  Primo: There are international policies and laws which safeguards affected people when it comes to resettling them at some point.  Female raise concern: Version B – February 2019 Prepared for Ministry of Infrastructure Development  Team to note that our community (Anonakinaki) had it’s main entrance culverts wrongly placed in sections which was damaged and washed away during very bad weather and was neglected since up to now. The culverts were too small for the drainage. Please advise the appropriate authority to note this to the projects technical team to look at considering and prioritising our concern.  That community should be reminded of the matters raised during the consultation and take serious action and in ensuring they prepare for when the project will start and work together with the SIRAP project.  Anonakinaki CLO concerns raised:  Malaita experienced with too many projects’ that have raised high expectations within community. The communities appreciate the current process SIRAP has taken by conducting these initial consultations so people are aware of these rules, and processes, and work is efficiently implemented without disturbance through duration of the projects given time frame. Can the 210 KM be sealed A concern is after the 4 years there is fear that  the SIG under MID will not fully commit to maintain the unpaved road and it will deteriorate after 1 to 2 years.  Primo responded:  The works is based on what budget is available and agreed by World Bank and SIG.  Lily commented:  Communities need to show your support toward the project and give your views through this consultation. Keep and protect your family safe at all times.  Anonakinaki CLO:  Community fully support the project. Just a reminder for the SIRAP project office and future designated Contractor to prioritise making careful and clear consultations with the rightful and legal resource owners in agreeing on the best approaches the parties would want to engage with for the projects interest, thus, to avoid unnecessary disagreements and claims which might hinder smooth flow of the project.  Will there be in kind arrangement with the contractor to support community services? This arrangement of in kind is always the best support to toward community assistance.  Community Leaders concern:  The period between the maintenance of roads before next maintenance is too long in between, communities fear that deterioration of roads after SIRAP will happen again after the project ends. Version B – February 2019 Prepared for Ministry of Infrastructure Development  Awareness and consultation done directly with tribal and resource owners would be very useful so they can build and construct quality sealed and unpaved roads. Malaita needs an international Contractor to implement SIRAP. Malaita people will be so disappointed if the World Bank’s SIRAP project is offered to another Dalgro or other similar contractors.  Catechist: Acknowledge and appreciate the team’s consultation, and assure SIRAP of his community’s full support toward the project. Monday evening 29th Oct 2018  Community Name: Bina  Consultation Venue; Community Hall  Time start 5:15pm No Of 34 Participants Male 20 Female 14  Opening Prayer by community pastor  Chief Jack, acknowledged and thanked Team  Primo replied, introduce team and went through presentation.  John Meke Leader raise concern:  Bina community question if SIRAP will be responsible for the river scouring up along main road, thus since the damage the community road is being used as detour for public during high tide and is disturbing the community’s peace.  During project implementation should any of my property within road corridor is damaged, will I be compensated for this?  Primo responded:  Road reserve is guide to how much of the roads corridor is within the current road alignment which is allocated for public access for roads.  Community Leader:  Concern over rumours. Please Team clarify to the community - will full sealing of Bina road be done as well under SIRAP?  Team responded:  Bina Community, to clarify further on the rumours. No there is no full sealing of Bina road, but re - gravelling of unsealed roads for North, East and South Version B – February 2019 Prepared for Ministry of Infrastructure Development which includes Bina, and re - sealing of the existing sealed sections only from Auki to Mage and Anonakinaki up Foau hill and Auki to Gwaunaru’u Airport with a total of 17km for the re - sealing. There will be an extension of New sealing which will only be from Gwaunaru’u/Areo Junction to Bio close to Airahu a total of 7km.  Community Elder:  Communities believe World Bank with its plan for SIRAP, but does not believe and have no confidence in their own government. The only challenge they see and want to remind SIRAP to look out for is how it will prepare to deal with the resource owners, but the community look forward and fully support SIRAP and hope for its soonest operation.  Martha:  GBV/CAE/HT is on the rise within our town (Auki) urge community to keep families safe and maintain your cultural and religious values within your homes’ with your families.  Chief Jack:  Acknowledged team and thank them for the clear and informative consultation. Note: Kind reminder from Chief for the team: Tuesdays – Fridays is best time to hold meetings with the community. Tuesday 30th Oct 2018 Community Name: Gwaifai/Kwaitolo  Consultation Venue; Community Hall  Time start: 11:34am No Of 33 Participants Male 20 Female 13  Opening Prayer by Community Leader: Josiah Kola followed by welcome.  Primo made introduction of team and briefed on purpose of the consultation further continue with presentation. Open for community feedback:  Elder Maniato: Version B – February 2019 Prepared for Ministry of Infrastructure Development  Our community is fortunate to have existing road access. These roads will still need expression in future - We community and resource owners must be open minded about this SIRAP project.  Josiah:  How long wills the project last - 4 Years - leader has fear. Of after the 4 years SIG might not sustain the good work W/B - SIRAP has performed it might collapse after the SIRAP winds up. SIG/ W/B should plan for after 4. SIG is not good at managing sustainability of such good projects. SIG and W/B should look at sealing the 210 to avoid SIG’s irresponsibility of sustaining these well implemented projects.  Primo:  Traffic flow in Malaita is currently not justifying the need for investing hearing sealing for the roads at the moment.  Leader:  Happy with the SIRAP road project - An issue highlighting tie - we have a river up stream of the road section which heavily impacts badly on our road during wet weather – The current culverts installed are not catering to hold the rivers strong force during bad weathers please advise technical to look at this matter when plan and design for the road section within Gwaifai/Gwaitolo.  Leader:  We community must explain to technical teams of the rivers nature during their visits to site to assist them during designing for the road works.  Leader:  Road should be raised to sustain the forceful flow of water flowing during Heavy rain from the low road aligning along the river.  Leader:  There is current protection works up stream installed by MIP which is not withstanding the strength of water flow from Rualae River during heavy rain and bad weather. Technical team should pay visit to the sight to do further investigation of the current state of the protection.  Leader:  Rualae Bridge concern; SIRAP – MID Responsible Technical team must be notified and well informed of heavily be Teams/Engineers/safeguards, involved initial –ends of project?  Leader:  MID – local work designated teams within MID must ensure ongoing awareness on the road furniture’s is done for all communities it is a serious need these safety awareness programs must happen for rural people to understand that they must look after these furniture’s and the infrastructure put up for them. Version B – February 2019 Prepared for Ministry of Infrastructure Development Tuesday 30th Oct 2018 Community Name: Busumalako/Mage  Opening prayer: Pastor  Consultation Venue; Community Church  Time start: 1:30pm No Of 15 Participants Male 13 Female 2  Primo: Acknowledge Community and made introduction of team and started presentation.  Edmond Maelitoa Leader:  Will the road alignment be expanded to four (4) lane? That’s the rumours now in Auki.  Primo:  The project is only working according to the budgeted allocation it has been given, which does not plan for a 4 lane road corridor. Declared road corridor is 10 to 20 metre - Total: 30 metre.  Leader:  Does project have a budget and a rate for property claims? Mage seal - Hill Culvert block all the time, the culverts are too small to withstand heavy flow of water during very heavy rain – and after the section – drop section culvert also has an issue which is never – fulfilled to be upgraded to meet standard road requirement to date, We hope SIRAP will pick it up.  Pastor:  Landslide (Prone to) Hill before Kona during heavy rainy weather– and if this happens it covers the gravelled road – with slippery red clay and in worse cases the situation affects traffic flow (local knowledge)  Primo:  Concept on approve design need community to give view on this to support the design for future.  Community Leader: Has the SIRAP project already identify a contractor?  Primo:  World Bank has a procurement system which will enable National International contractors to participate Tuesday 30th Oct 2018 Version B – February 2019 Prepared for Ministry of Infrastructure Development Community Name: Gwaibaleo Community Opening prayer: Community Leader Primo: Presentation  Consultation Venue; Community House  Time start: 10am No Of 15 Participants Male 7 Female 11  Primo: Acknowledge Community and made introduction of team and started presentation.  Mostyn community Leader:  Safety very import concern, please design must include pedestrian walkway for public, good road must be safe for users.  Youth Cornelius:  SIRAP should work within the 30 mitre road corridor, community should not band anything within 30 mitre.  Leader:  We will discuss with community to look at the resettlement issue which the consultation team has clearly explain to organise its up to us to discuss among ourselves to prepare for the road development which we are looking forward to in the future.  Leader:  Question on employment for our community?  Primo:  Bank will try as much as possible to engage community skilled and unskilled workers through implementation.  Leader:  Is the contractor a local or international? We prefer an International contractor.  Female:  We accept direct employment for road works if there is any in the future with SIRAP. We dislike Sub – contracting with contractors. Tuesday 30th Oct 2018 Version B – February 2019 Prepared for Ministry of Infrastructure Development Community Name: Koa Community Opening: Robert Kini (Secretary): Opening Prayer  Consultation Venue; Community Hall  Time start: 1:30pm No Of 15 Participants Male 31 Female 18  Primo: Acknowledge Community and made introduction of team and started presentation.  CLO – Augustine Liu: Comment that the SIRAP project is a real privilege for our community to work together to support the Bank with this projects. Appeal to Community to support the project.  Willie Kiri Leader:  Appreciate SIRAP presentation its good news for our community for better roads. An eg: when engaged with a SIEA power project. A concept was applied as follows: government – has no money – use other approach to deal with resettlement issue – resource owners involve in the implementations plus the community cover for compensation claim. A suggestion for SIRAP to consider using the same concept.  Robert Kini:  Community appreciate the roads a good news for our communities, concern for community to support, please allow your resources’ for free for SIRAP to do its work to improve our roads.  Graham:  This is our communities golden chance our community has experienced very bad roads and faced with hardships.  Allen – catechist:  Isolation is positive, lower settlers normally do not give in easily, because they have access to services, unlike us the highland settlers whom find life quite challenging. And having an opportunity such as roads improvement for highlanders is seen as a great gift or blessing - so we tend to offer our resources for free towards development to enhance our livelihoods. SIRAP to ensure a detail roads design should be ready for presentation in your future consultations.  Willie: Version B – February 2019 Prepared for Ministry of Infrastructure Development  The new sealed road is 7km only? Rumours - Auki to Dala forcim market would be sealed – advice for Koa community. Please welcome SIRAP and work peacefully with the Project to ensure it is implemented smoothly without disturbance or dispute.  Graham:  Allowing of resources depends mainly on resource owners.  David kwa:  We have suffered for too long with bad roads, emergencies are never successful at times to reach hospital. We as a community, Let us talk to our resource owners and encourage them to work peacefully with the SIRAP project in building a good relationship to implement the project.  Willison:  Road Reserve is there a long time lets allow our resources for the road. We should convince other communities to agree with us to allow resources - We fully support the project with no disagreements.  Willie: We do not agreed with local contractors – We want international contractors assume my Koa and community service if we support SIRAP. Version B – February 2019 Prepared for Ministry of Infrastructure Development