THE WORLD BANK - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) REPUBLICA DE EL SALVADOR Ministry of Education (Ministerio de Educación) El Salvador Early Childhood Care and Education Project (PXXXXX) Draft ENVIRONMENTAL and SOCIAL COMMITMENT PLAN (ESCP) Plan de Compromiso Ambiental y Social December XX 2019 1|Page THE WORLD BANK - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 1. The Republic of El Salvador will implement the El Salvador Early Childhood Care and Education Project (the Project,) with the involvement of its Ministry of Education (Ministerio de Educación - MINEDUCYT). The International Bank for Reconstruction and Development (hereinafter the Bank) has agreed to provide financing for the Project. 2. The Republic of El Salvador will implement material measures and actions so that the Project is implemented in accordance with the Environmental and Social Standards (ESSs). This Environmental and Social Commitment Plan (ESCP) sets out material measures and actions, specific documents or plans, as well as the timing for each of these. 3. The Republic of El Salvador will also comply with the provisions of any other environmental and social (E&S) documents required under the ESSs and referred to in this ESCP, such as the Environmental and Social Management Framework (ESMF), the Environmental and Social Management Plans (ESMPs) for subprojects, the Stakeholder Engagement Plan (SEP), the Indigenous Peoples Planning Framework (IPPF), specific Indigenous Peoples Plans that will be developed for sub-projects, the Resettlement Planning Framework (RPF), the specific Resettlement Action Plans (RAPs) that will be developed for sub-projects, and the Labor Management Procedures (LMP,) and the timelines specified in those E&S documents. 4. The Republic of El Salvador is responsible for compliance with all requirements of the ESCP even when implementation of specific measures and actions is conducted by the Ministry, agency or unit referenced in 1. above. 5. Implementation of the material measures and actions set out in this ESCP will be monitored and reported to the Bank by the Republic of El Salvador as required by the ESCP and the conditions of the legal agreement, and the Bank will monitor and assess progress and completion of the material measures and actions throughout implementation of the Project. 6. As agreed by the Bank and the Republic of El Salvador, this ESCP may be revised from time to time during Project implementation, to reflect adaptive management of Project changes and unforeseen circumstances or in response to assessment of Project performance conducted under the ESCP itself. In such circumstances, the Republic of El Salvador, through MINEDUCYT, will agree to the changes with the Bank and will update the ESCP to reflect such changes. Agreement on changes to the ESCP will be documented through the exchange of letters signed between the Bank and MINEDUCYT. MINEDUCYT will promptly disclose the updated ESCP. 7. Where Project changes, unforeseen circumstances, or Project performance result in changes to the risks and impacts during Project implementation, the Republic of El Salvador shall provide additional funds, if needed, to implement actions and measures to address such risks and impacts. 2|Page MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY/AUTHORITY MONITORING AND REPORTING A REGULAR REPORTING Submit to the Bank bi-annual monitoring MINEDUCYTUCYT Prepare and submit to the Bank regular monitoring reports on the reports (every June 30 and December 30 of environmental, social, health and safety (ESHS) performance of the each calendar year) throughout Project Project, including but not limited to the implementation of the ESCP, implementation. status of preparation and implementation of E&S documents required under the ESCP, stakeholder engagement activities, functioning of the grievance mechanism(s). B INCIDENTS AND ACCIDENTS Notify the Bank within 3 calendar days MINEDUCYT Promptly notify the Bank of any incident or accident related to the Project after learning of the incident or accident. which has, or is likely to have, a significant adverse effect on the Subsequent report would be provided environment, the affected communities, the public or workers including, within a timeframe acceptable to the Bank, inter alia, any accidents that result in death, serious or multiple injury. as requested. Provide enough detail regarding the incident or accident, indicating immediate measures taken or that are planned to be taken to address it, and any information provided by any contractor and supervising entity, as appropriate. Subsequently, as per the Bank’s request, prepare a report on the incident or accident and propose any measures to prevent its recurrence. C INCIDENTS AND ACCIDENTS Submit to the Bank before effectiveness. MINEDUCYT Incorporate in the Operations Manual procedures for notifying the Bank of incidents or accidents as described in section B above. D CONTRACTORS MONTHLY REPORTS Report monthly/quarterly, upon Bank’s MINEDUCYT Contractors are required to provide (ESHS) monthly monitoring reports request throughout Project to MINEDUCYT. Such monthly reports would be submitted to the Bank implementation. by MINEDUCYT upon request. ESS 1: ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS 3|Page MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY/AUTHORITY 1.1 ORGANIZATIONAL STRUCTURE The key environmental and social staff at MINEDUCYT Establish and maintain an organizational structure with qualified and the PIU will be contracted within90 days of experienced staff and resources to support management of E&S risks Project effectiveness. including the health and safety risks of the Project. This will include, at minimum: An E&S coordinator, an environmental specialist and a social The organizational structure will be fully specialist in the PIU, as well as sufficient field-level E&S staff to ensure staffed and function throughout Project compliance at the subproject level. Design and supervision consulting implementation. teams will also include appropriate E&S expertise to carry out subproject screening, assessment, management planning, reflecting mitigation measures into bid documents, and supervising their implementation during construction. 1.2 ENVIRONMENTAL AND SOCIAL ASSESSMENT The appraisal stage versions of the ESA and MINEDUCYT Prepare, adopt and implement an Environmental and Social the ESMF (advanced drafts) were disclosed Management Framework (ESMF), which shall include an Environmental on [January, 10, 2020], and final versions and Social Assessment (ESA) for the Project, in a manner acceptable to will be elaborated by [April 1, 2020]. the Bank. MINEDUCYT will implement the management measures contained in the ESA and the ESMF, throughout Project implementation. 1.3 MANAGEMENT TOOLS AND INSTRUMENTS Before finalization of the TORs for the MINEDUCYT The TORs for the Project Specifications (Carpeta Tecnica) shall include Carpetas Tecnicas. generic requirements, as well as requirements to confirm and further specify at the site-specific level as part of subproject ESMPs, for the management of potential environmental and social risks as per the ESMF referred to in 1.4 below. 4|Page MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY/AUTHORITY 1.4 MANAGEMENT TOOLS AND INSTRUMENTS The updated ESMF, including the annexes MINEDUCYT The Borrower will prepare the following generic plans and include them will be prepared and submitted for the as an annex to the ESMF, in a manner acceptable to the Bank : Bank’s review and approval, and thereafter disclosed before finalization of the TORs for • Waste Management Plan (construction), including measures for the Carpetas Tecnicas handling and disposal of asbestos and other hazardous materials which may be removed during demolition / remodeling of existing facilities • Plan for Sourcing and Transportation of Construction Materials • Traffic Management Plan (construction) • Community Security Health and Safety Plan (construction) • Security Personnel management plan (if required) • Occupational Health and Safety Measures • Standard code of conduct for project workers • Chance find screening procedures and protocols • Emergency Preparedness and Response Plan (operation phase) • Waste Management Plan for Operation (operation phase) (including e-waste as well as non-hazardous waste) 1.5 MANAGEMENT TOOLS AND INSTRUMENTS The ESMPs will be prepared and submitted MINEDUCYT Screen any proposed subproject and other Project activities in for the Bank’s review and approval, and accordance with the ESMF prepared for the Project, and, thereafter, thereafter disclosed prior to launching the draft, adopt, and implement any Environmental and Social Management procurement process for the respective Plans (ESMP), as required, in a manner acceptable to the Bank. civil works and will be implemented throughout the execution of said works. The ESMPs will be included in the contracts. 5|Page MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY/AUTHORITY 1.6 MANAGEMENT OF CONTRACTORS Prior to the preparation of procurement MINEDUCYT Incorporate the relevant aspects of the ESCP, including the relevant E&S documents. Supervise contractors documents, ESMPs, and the Labor Management Procedures, into the throughout Project implementation. TORs for the project specifications (Carpetas Tecnicas), and subsequently ESHS specifications of the procurement documents with contractors, including evaluation of contractor capacity to comply with such measures. Thereafter ensure that the contractors prepare project- specific ESMPS (contractor ESMPs) and other plan as required and have the capacity to and comply with the ESHS specifications of their respective contracts. 1.7 CONTINGENT EMERGENCY RESPONSE Prior to the start of emergency MINEDUCYT In the event of an emergency which leads to activation of the response activities. The request to Contingent Emergency Response of the Project under Component 5, the activate this part shall come from the necessary instruments and measures will be developed as required implementer with prior No Objection prior to undertaking of the emergency response activities, to ensure from the Bank. compliance with the ESSs. ESS 2: LABOR AND WORKING CONDITIONS 2.1 LABOR MANAGEMENT PROCEDURES LMP acceptable to the Bank (Advanced MINEDUCYT Develop and implement Labor Management Procedures (LMP), in a draft), prepared by [January, 10, 2020]. manner acceptable to the Bank. Final version will be developed by [April, 1, 2020]. The LMP will be implemented throughout Project implementation. 2.2 GRIEVANCE MECHANISM FOR PROJECT WORKERS Grievance mechanism acceptable to the MINEDUCYT Establish, maintain, and operate a grievance mechanism for Project Bank operational within 5 months of workers, as described in the LMP and in a manner consistent with ESS2. project effectiveness and maintained throughout Project implementation. 2.3 OCCUPATIONAL HEALTH AND SAFETY (OHS) MEASURES Same timeframe as for the implementation MINEDUCYT Develop and implement occupational, health and safety (OHS) measures, of the ESMPs, under action 1.2. including measures on emergency preparedness and response, as part of the development and implementation of the ESMPs, in accordance with the guidelines contained in the ESMF. . ESS 3: RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT 6|Page MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY/AUTHORITY 3.1 MANAGEMENT OF WASTE AND HAZARDOUS MATERIALS: Same timeframes as for the development MINEDUCYT Waste management measures will be developed and thereafter and implementation of the ESMPs, under implemented, which will include training developed for contractors to action 1.5. highlight how to manage waste produced as a result of rehabilitation and/or construction of schools. These measures will be part of the ESMPs to be prepared in accordance with the ESMF. 3.2 RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND Same timeframes as for the development MINEDUCYT MANAGEMENT: Resource (including energy and water) efficiency and and implementation of the ESMPs, under pollution prevention and management measures will be covered under action 1.5. the ESMPs to be prepared under action 1.5 above. . TORs for the Design of School Prototypes shall include technically and financially feasible energy and water efficiency and climate resilience measures (including efficient lighting and cooling, rainwater collection and storage integrated into building designs where seasonal water scarcity is an issue, as well as the sustainable use of water and construction raw materials. Provision shall also be made for adequate sanitation facilities to be installed. Asbestos and lead handling and disposal measures will be developed and implemented where required. These measures will be part of the ESMPs to be prepared in accordance with the ESMF. ESS 4: COMMUNITY HEALTH AND SAFETY 4.1 TRAFFIC AND ROAD SAFETY: Adopt and implement measures and Same timeframes as for the development MINEDUCYT actions to assess and manage traffic and road safety risks as required in and implementation of the ESMPs, under the ESMPs to be developed in accordance with the guidelines contained action 1.5. in the ESMF. 7|Page MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY/AUTHORITY 4.2 COMMUNITY HEALTH AND SAFETY: Prepare, adopt, and implement Same timeframes as for the MINEDUCYT measures and actions to assess and manage specific risks and impacts implementation of the ESMPs, under to the community arising from Project activities including in relation to action 1.5. behavior of Project workers and any risks of labor influx, and include these measures in the ESMPs to be prepared in accordance with the ESMF, in a manner acceptable to the Bank. Site-specific Emergency Response and Preparedness Plans, which will include general emergency response and preparedness planning and training procedures, as well as operations-phase facility maintenance requirements will be developed. These plans will be part of the ESMPs to be prepared in accordance with the ESMF, 4.3 SECURITY PERSONNEL: Develop and implement measures and actions Same timeframe as for the implementation MINEDUCYT to assess and manage the risks to human security of project-affected of the ESMPs, under action 1.5. communities and Project workers that could arise from the use of security personnel. These measures and actions will be part of the ESMPs to be prepared in accordance with the ESMF. ESS 5: LAND ACQUISITION, RESTRICTIONS ON LAND USE AND INVOLUNTARY RESETTLEMENT 5.1 RESETTLEMENT POLICY FRAMEWORK AND ACTION PLANS: RPF, acceptable to the Bank (Advanced MINEDUCYT Prepare, adopt, and implement Resettlement Action Plans (RAPs) draft), prepared and disclosed by January consistent with the requirements of the Resettlement Policy Framework 10, 2020]. Final version will be developed (RPF) and ESS5, in a manner acceptable to the Bank. and disclosed by [April, 1, 2020]. The RPF will be implemented throughout Project duration. The respective RAP submitted for the Bank’s approval and any compensation required under ESS5 paid prior to the start of works in any activity that requires a RAP. 5.2 TEMPORARY RELOCATION PROTOCOL: The RPF including the temporary relocation MINEDUCYT Prepare a protocol consistent with the ESSs for the temporary protocol annex will be prepared and relocation of school under construction and include it as an anex to the submitted for the Bank’s review and RPF, in a manner acceptable to the Bank. approval, and thereafter disclosed before finalization of the TORs for project specifications (Carpetas Tecnicas) 8|Page MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY/AUTHORITY 5.3 LAND DONATION: Before the carrying out of any works in MINEDUCYT Agreement between the MINEDUCYT and the indigenous communities - indigenous communities. (documented in for the use of land, where the preschools classroom will be the respective ESMP and IPP). rehabilitated- under the Project would only be accepted if provided on a voluntary basis, as set out in the ESMF and the IPPF, in accordance with the requirements of ESS5 and ESS7, and subject to the prior approval of the Bank. The agreements reached, will be recorded in the respective ESMPs and the Indigenous Peoples Plans (IPPs) prepared for works under the Project, and where land will be used. 5.4 VOLUNTARY LAND DONATION PROTOCOL: The RPF including the voluntary land MINEDUCYT Prepare a voluntary land donation protocol consistent with the ESSs for donation annex will be prepared and voluntary land donation under the project, including specific provisions submitted for the Bank’s review and for land donation of indigenous peoples and include it as an annex to approval, and thereafter disclosed before the RPF, in a manner acceptable to the Bank. finalization of the TORs for project specifications (Carpetas Tecnicas) ESS 6: BIODIVERSITY CONSERVATION AND SUSTAINABLE MANAGEMENT OF LIVING NATURAL RESOURCES 6.1 BIODIVERSITY RISKS AND IMPACTS: Develop and implement measures Same timeframe as for the implementation MINEDUCYT and actions to avoid, minimize, or mitigate potential impacts that may of the ESMPs, under action 1.5. have significant negative impact on biodiversity and on the sustainable management of living natural resources. These measures and actions will be part of the ESMPs to be prepared in accordance with the ESMF. Robust project screening processes will be in place to prevent siting of facilities in or near natural or critical habitats, protected and/or internationally recognized areas and to ensure that any residual impacts will be addressed through site-specific mitigation measures. ESS 7: INDIGENOUS PEOPLES/SUB-SAHARAN AFRICAN HISTORICALLY UNDERSERVED TRADITIONAL LOCAL COMMUNITIES 9|Page MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY/AUTHORITY 7.1 INDIGENOUS PEOPLES PLANNING FRAMEWORK AND PLANS: Prepare, IPPF, acceptable to the Bank (Advanced MINEDUCYT adopt, and implement Indigenous Peoples Plans (IPPs) consistent with draft), prepared and disclosed by Month, the requirements of the Indigenous Peoples Planning Framework (IPPF) day, 2020. Final version will be developed to be prepared for the Project and ESS7, in a manner acceptable to the and disclosed by (Month, day, 2020). The Bank. IPPF will be implemented for the entire Project duration. The respective IPP submitted for the Bank’s approval prior to the carrying out of any activity that requires the preparation of an IPP. Once approved, implement the IPP throughout Project implementation. 7.2 GRIEVANCE MECHANISM (GM): Adopt and implement the Developed as part of the IPPs to be MINEDUCYT arrangements for the grievance mechanism for indigenous peoples, as prepared in accordance with action 7.1. required under the IPPF and further describe such arrangements in the The grievance mechanism will operate respective IPPs. This will be an adaptation of the GM described in the throughout Project implementation. SEP, to address the specificity of indigenous communities. ESS 8: CULTURAL HERITAGE 8.1 CHANCE FINDS: Prepare, adopt, and implement a chance finds Same timeframe as for the implementation MINEDUCYT procedure as part of the ESMPs to be prepared in accordance with the of the ESMPs, under action 1.5. ESMF. ESS 9: FINANCIAL INTERMEDIARIES ESS9 is currently not relevant. ESS 10: STAKEHOLDER ENGAGEMENT AND INFORMATION DISCLOSURE 10.1 STAKEHOLDER ENGAGEMENT PLAN PREPARATION AND Draft SEP, acceptable to the Bank, MINEDUCYT IMPLEMENTATION: prepared and disclosed by [January 10, Update, adopt, and implement a Stakeholder Engagement Plan (SEP). 2020]. Final version acceptable to the Bank prepared and disclosed by [April 1, 2020] The SEP will be implemented for the entire Project duration. 10.2 PROJECT GRIEVANCE MECHANISM: Establish, maintain and operate a Same timeframe than for the MINEDUCYT grievance mechanism (GRM), as described in the SEP. implementation of the SEP under activity 10.1. The grievance mechanism will operate during the entire Project implementation. 10 | P a g e MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY/AUTHORITY 10.3 PROJECT GRIEVANCE MECHANISM: Provide quarterly reports to the Submit to the Bank quarterly monitoring Bank on the functioning of the GRM reports (every March 30, June 30, September 30, and December 30 of each calendar year) throughout Project implementation. CAPACITY SUPPORT (TRAINING) CS1 Ensure that training of Project Workers (mainly at the level of civil Training for direct Project workers will be MINEDUCYT works/construction of schools) is implemented on: conducted before the start of works. • Occupational health and safety including on emergency Training will thereafter continue prevention and preparedness and response arrangements to throughout Project implementation. emergency situations. • Awareness of risks and mitigation of impacts on local communities. • Worker code of conduct CS2 Ensure training of PIU staff is implemented on: Training of PIU staff will be conducted MINEDUCYT • The Environmental and Social instruments (MGAS, SEP, LMP, within 60 days of action 1.1. IPPF, RPF) and requirements of the ESCP. 11 | P a g e