SPLIT PROJECT - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) SUPPORT TO PARCELIZATION OF LANDS FOR INDIVIDUAL TITLING (SPLIT) P172399 Environmental and Social Commitment Plan (ESCP) Republic of the Philippines DEPARTMENT OF AGRARIAN REFORM February 2020 SPLIT PROJECT - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) SUPPORT TO PARCELIZATION OF LANDS FOR INDIVIDUAL TITLING (SPLIT) PROJECT Environmental and Social Commitment Plan (ESCP) Republic of the Philippines Department of Agrarian Reform February 2020 1. The Republic of the Philippines (GoP) will implement the Support to Parcelization of Lands for Individual Titling Project (the Project), with the involvement of the following departments/agencies/units: Department of Agrarian Reform (DAR) as lead agency in cooperation of the Department of Environment and Natural Resources (DENR), Land Registration Authority (LRA), Land Bank of the Philippines (LBP), National Commission on Indigenous Peoples (NCIP), Department of Finance (DOF), Department of Interior and Local Government (DILG) and Local Government Units (LGUs). The International Bank for Reconstruction and Development (hereinafter the Bank) has agreed to provide financing for the Project. 2. The GoP 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, any specific documents or plans, as well as the timing for each of these. 3. The GoP will also comply with the provisions of any other Environmental and Social (E&S) documents required under the ESF and referred to in this ESCP, such as the Environmental and Social Management Framework (ESMF), Resettlement Policy Framework (RPF), Indigenous Peoples Planning Framework (IPPF), Labor Management Procedures (LMP), and Stakeholder Engagement Plan (SEP), and the timelines specified in those E&S documents. 4. The GoP is responsible for compliance with all requirements of the ESCP even when implementation of specific measures and actions is conducted by the Department, 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 GoP 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 GoP, 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 GoP/or the DAR will agree to the changes with the Bank and will update the ESCP to reflect such changes. Agreement on changes to the ESCP will be documented through the exchange of letters signed between the Bank and the GoP/or DAR. DAR will promptly disclose the updated ESCP. 7. Where the Project changes, unforeseen circumstances, or project performance result in changes to the risks and impacts during project implementation, the GoP shall provide additional funds, if needed, to implement actions and measures to address such risks and impacts, which may include risks and impacts concerning agrarian reform beneficiaries (ARBs), indigenous peoples, involuntary resettlement, environmental, health, and safety impacts. 2 SPLIT PROJECT - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY MONITORING AND REPORTING A REGULAR REPORTING Prepare and submit to the Bank regular monitoring reports on the Bi-annually DAR implementation of the environmental and social (E&S) documents (including assessment of site-specific plans) and ESCP, stakeholder engagement activities, and functioning of the grievance mechanism. B INCIDENTS AND ACCIDENTS Promptly notify the Bank of any incident or accident related to the Within 48 hours after learning of the DAR Project which has, or is likely to have, a significant adverse effect on the incident or accident environment, the affected communities, the public or workers. Provide sufficient details 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. 3 SPLIT PROJECT - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY ESS 1: ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS 1.1 ORGANIZATIONAL STRUCTURE (a) Establish and maintain an organizational structure with qualified DAR staff and resources to support management of E&S risks and the implementation of the E&S documents. In particular: (i) At national level, establish, and thereafter maintain a No later than ninety (90) days after the Central Project Management Office within FASPO, which Effective Date and throughout project shall be responsible for overall management of the Project’s implementation environmental and social risk and impact; (ii) At each region, establish, and thereafter maintain a Prior to the commencement of any project Regional Project Management Office, which shall be activity in the respective region and responsible for management of the Project’s environmental throughout project implementation and social risk and impact of Project activities implemented at regional level; and (iii) At each province, establish, and thereafter maintain a Prior to the commencement of any project Provincial Project Management Office, which shall be activity in the respective province and responsible for management of the Project’s environmental throughout project implementation and social risk and impact of Project activities implemented at provincial and municipal level. (b) Establish and maintain cooperation with partner agencies – DENR, Sixty (60) days after the Effective Date LRA, NCIP, DILG and LGUs – through formal institutional arrangements (e.g. JAO, MOU, MOA). 4 SPLIT PROJECT - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY 1.2 ENVIRONMENTAL AND SOCIAL ASSESSMENT Update, adopt, and implement, the ESA (dated February, 2020) and the Throughout project implementation DAR ESMF (dated February, 2020) that has been prepared for the Project, in a manner acceptable to the Bank. Land titling activities during the first year after project effectiveness are limited to three pilot regions and areas with no significant E&S risks (e.g., no overlap with forest land and protected areas and ancestral domains). No later than nine (9) months after the In parallel with the inventory prepared during the first year, undertake Effectiveness Date. detailed assessment and consultations of E&S risks as required by the ESA and ESMF prepared for the Project, particularly concerning Collective CLOAs that overlap with forest land, protected areas and ancestral domains, and as needed propose additional mitigation measures to be incorporated into the ESMF, RPF, IPPF and SEP. Submit assessment report and revised ESMF, RPF, IPPF and SEP, as needed, for Bank approval. 1.3 MANAGEMENT TOOLS AND INSTRUMENTS Screen and assess E&S risks and impacts for site-specific Collective Throughout project implementation. Site- DAR with input from DENR, LRA NCIP, CLOAs in accordance with the ESMF, SEP, RPF and IPPF, and, thereafter, specific E&S management plans, when DILG, LGUs, as needed provide orientation to beneficiaries (e.g. on their rights and obligations), needed, are required prior to DAR’s link beneficiaries to support services, and draft, adopt, and implement clearance to proceed with cancelling site-specific E&S management plans, when required (see under Collective CLOAs and processing individual respective ESSs), in accordance with the ESMF, SEP, RPF and IPP and in a titles. DAR will furnish any site-specific E&S manner acceptable to the Bank. management plans upon request by the Bank. Collective CLOAs that overlap with forest land, protected areas and ancestral domains will be included only after completion of detailed assessment described in 1.2. 5 SPLIT PROJECT - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY 1.4 DAR, in collaboration with DOF, DILG and LGUs, will prepare guidelines No later than five (5) months after the DAR with DOF, DILG, LGUs to support vulnerable households concerning payment of real property Effective Date and prior to the taxes (e.g. staggered payments, lower fees). commencement of any subdivision of Collective CLOAs. ESS 2: LABOR AND WORKING CONDITIONS 2.1 LABOR MANAGEMENT PROCEDURES Update, adopt, and implement the Labor Management Procedures Implement the LMP throughout project DAR (LMP) that have been developed for the Project, including occupational, implementation. Update the LMP when health and safety measures. needed as recommended in bi-annual E&S reviews, mid-term review or Bank supervision. 2.2 GRIEVANCE MECHANISM FOR PROJECT WORKERS Establish, maintain, and operate a grievance mechanism for project Grievance mechanism operational prior to DAR workers, as described in the LMP and consistent with ESS2. Maintain engaging project workers and maintained grievance log, include in by-annual monitoring reports, which shall be throughout project implementation. shared with the Bank. ESS 3: RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT 3.1 RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT: Apply the ESMF, prepare Collective CLOA specific Environment and Throughout project implementation and DAR with DENR and DA Social Performance Checklist (CC-ESPC), and Individual CLOA prior to distribution of individual CLOAs. Environmental and Social Performance Plans (IC-ESPP), and facilitate awareness raising and access to training for beneficiaries, on resource efficiency and pollution prevention and control. 6 SPLIT PROJECT - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY 3.2 INTEGRATED PEST MANAGEMENT: Apply the ESMF, prepare Individual CLOA Environmental and Social Throughout project implementation and DAR with DENR, and ARBs Performance Plans (IC-ESPP), facilitate awareness raising for ARBs, and prior to distribution of individual CLOAs. facilitate linkage/access of ARBs to existing IPM programs of DA and DENR. ESS 4: COMMUNITY HEALTH AND SAFETY 4.1 COMMUNITY HEALTH AND SAFETY: Implement the Worker’s Code of Conduct, which is included in the Throughout project implementation. DAR, Contractors ESMF, to manage potential risks and impacts to the community arising from project activities, including the behavior of project workers and GBV related risks, in a manner acceptable to the Bank. 4.2 SECURITY PERSONNEL: Adopt prior to engaging government law DAR Adopt and implement the security protocol for use of government law enforcement personnel and thereafter enforcement personnel, when required, consistent with the implemented throughout project requirements of ESS4, in a manner acceptable to the Bank. implementation. ESS 5: LAND ACQUISITION, RESTRICTIONS ON LAND USE AND INVOLUNTARY RESETTLEMENT 5.1 RESETTLEMENT PLANS: Prepared before DAR’s clearance to Prepare, adopt, and implement resettlement plans (RPs) in accordance proceed with cancelling Collective CLOAs DAR with LGUs with ESS5 if required by the RPF prepared for the Project, in a manner and processing individual titles, if required acceptable to the Bank. by the RPF. The first five (5) RPs will be submitted to the Bank for approval, after which it will be agreed between the Bank and Borrower whether subsequent RPs will require Bank approval. Once approved, RPs implemented prior to commencing project activities that involve land acquisition and resettlement impacts. 7 SPLIT PROJECT - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY ESS 6: BIODIVERSITY CONSERVATION AND SUSTAINABLE MANAGEMENT OF LIVING NATURAL RESOURCES 6.1 Collective CLOAs IN FOREST AND PROTECTED AREAS: DAR will set-up a working group with partners (DENR, NCIP, DA) to review options for forest and protected areas management. Working No later than sixty (60) days after the DAR group will lead the preparation of a report of scope of overlaps between Effective Date. CLOAs and forest lands and protected areas, legal technical review, institutional review, socio-economic review, with recommended measures to address risks and impacts, including the determination of appropriate tenurial instruments to be issued and cooperation between DENR, DAR and other relevant agencies. 6.2 PROTECTED AREAS/BIODIVERSITY CONSERVATION: Apply ESMF, and measures as determined by the working group in 6.1, to screen for CLOAs within designated protected areas. Collective Throughout project implementation. Once DAR with DENR and NCIP CLOAs, or portions thereof, inside designated protected areas will be DENR approves, ARBs implement the carved out and issued with other tenure instruments (e.g. Protected PAMPs, subject to monitoring by DENR. Area Community-based Resource Management Agreement - PACBRMA) DAR will monitor sample PAMPs during issued by DENR, facilitated by DAR. implementation. DAR and DENR will furnish any PAMPs upon request by the Bank. DAR, NCIP (when required in AD areas) and DENR will assist community prepare, or update existing, Protected Area Management Plans (PAMP) or similar instruments in areas issued with PACBRMA. Additional recommendations from above working group will be applied. 8 SPLIT PROJECT - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY 6.3 FOREST/WATERSHED PRESERVATION/PROTECTION Collective CLOAs, or portions thereof, inside classified protection forest Throughout project implementation. Once DAR with DENR and NCIP areas will not be issued individual CLOA, but will be issued with other DENR approves the CBFMP, ARBs will tenure instruments (e.g. Community-Based Forest Management implement the CBFMP, subject to Agreement - CBFMA) issued by DENR, facilitated by DAR. monitoring by DENR. DAR will monitor sample CBFMPs during implementation. DAR, NCIP (when required in ADs) and DENR will assist the community DAR and DENR will furnish any CBFMPs prepare, or update existing, Community-Based Forest Management plans upon request by the Bank. Plans (CBFMP) or similar instruments.in areas issued with CBFMAs. Additional recommendations from above working group will be applied. ESS 7: INDIGENOUS PEOPLES/SUB-SAHARAN AFRICAN HISTORICALLY UNDERSERVED TRADITIONAL LOCAL COMMUNITIES 7.1 INDIGENOUS PEOPLES PLAN: Prepared prior to [DAR’s?] clearance to Prepare, adopt, and implement Indigenous Peoples Plans (IPPs) proceed with cancelling Collective CLOAs DAR with NCIP consistent with the requirements of ESS7 and the IPPF prepared for the and process individual titles. The first five Project, including ESS7 provisions for Free Prior Informed Consent, in a (5) IPPs will be submitted for the Bank’s manner acceptable to the Bank. prior review and approval, after which it will be agreed between the Bank and Borrower whether subsequent IPPs will require Bank approval. DAR will furnish IPPs upon request by the Bank. ESS 8: CULTURAL HERITAGE 8.1 SCREENING FOR CULTURAL HERITAGE: Screen Collective CLOAs in accordance with the ESMF, to ensure the Throughout project implementation. DAR, ARBs identification and avoidance of impacts on cultural heritage (sites will be excluded from titling). 9 SPLIT PROJECT - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY ESS 9: FINANCIAL INTERMEDIARIES This ESS is not relevant to the Project. ESS 10: STAKEHOLDER ENGAGEMENT AND INFORMATION DISCLOSURE 10.1 STAKEHOLDER ENGAGEMENT PLAN PREPARATION AND IMPLEMENTATION: Throughout project implementation. Update as recommended in bi-annual ESF DAR Update (as needed), adopt, and implement the Stakeholder reviews, mid-term review or Bank Engagement Plan (SEP). supervision. 10.2 COMMUNICATION PLAN: No later than four (4) months after the Prepare detailed communication plan, including orientation awareness Effective Date and prior to the DAR raising for beneficiaries. commencement of any subdivision of Collective CLOAs. 10.3 PROJECT GRIEVANCE MECHANISM: Throughout project implementation. Update (as needed), adopt, maintain and operate a grievance Update as recommended in bi-annual ESF DAR mechanism, as described in the SEP. reviews, mid-term review or Bank supervision. CAPACITY SUPPORT (TRAINING) CS1 Training for ESS Focal Persons (at National, Region, Provincial and Municipal levels) on:  stakeholder mapping and engagement From effectiveness and throughout DAR  specific aspects of environment and social assessment implementation. Focal persons in the three  emergency preparedness and response pilot regions for first year implementation  community health & safety will be trained by October 2020.  gender  grievance redress mechanism  dispute resolution  documentation and reporting 10 SPLIT PROJECT - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBILE ENTITY/AUTHORITY CS2 Training for project workers on occupational health and safety including From effectiveness and throughout on emergency prevention and preparedness and response implementation. All field workers will DAR arrangements to emergency situations. receive training before field work commence. CS3 Facilitate access of ARBs to existing support services and training on Throughout project implementation and sustainable land management, organic farming and natural farming prior to distribution of individual CLOAs. DAR, DENR and DA systems, agro-forestry, slope stabilization/protection, water conservation, green livelihoods and the like. 11