NIGER LIRE (LEARNING IMPROVEMENT FOR EDUCATION) PROJECT - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) REPUBLIC OF NIGER NIGER LIRE (LEARNING IMPROVEMENT FOR EDUCATION) PROJECT No. P 168779 ENVIRONMENTAL and SOCIAL COMMITMENT PLAN (ESCP) February 19th, 2020 1|Page NIGER LIRE (LEARNING IMPROVEMENT FOR EDUCATION) PROJECT - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP) ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN 1. The Republic of Niger (the Recipient) will be responsible for implementing the LIRE Project, with the involvement of the Ministry of Primary Education (MPE) and Ministry of Secondary Education (MSE). The International Development Association (hereinafter the Association) has agreed to provide financing for the Project. 2. The Recipient will take the necessary concrete measures and actions to ensure that the Project is implemented in line with 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. Where it makes reference to specific plans, or other existing or future documents, the ESCP requires compliance with all the requirements of these plans or other documents. More especially, the ESCP demands compliance with all the requirements outlined in the Environmental and Social Framework (ESF), Environmental and Social Impact Assessments (ESIAs), Stakeholder Engagement Plan (SEP), Labor Management Procedures (LMPs), Gender-based Violence (GBV) Action Plan, as well as any other subsequent environmental and social risk management instruments that may be designed during implementation of the Project. 4. Implementation of the concrete measures and actions outlined in the ESCP will be monitored by the Recipient, while the Recipient will present the Association with periodic reports, pursuant to the requirements of the ESCP and the terms of the legal agreement. On its part, the Association will monitor and evaluate the progress and implementation of these measures and actions throughout the period of the Project. The Recipient will therefore ensure compliance with all the requirements of this ESCP, including where responsibility for implementing specific measures and actions lies with the “LIRE” Project supervisory Ministries (Ministry of Primary Education (MPE) or Ministry of Secondary Education (MSE)) or the Agency or Project Coordination Unit. 5. The Association and the Recipient have agreed that this ESCP can be amended whenever the need arises during the implementation of the Project, in order to incorporate adjustments in managing changes and unforeseen circumstances that may occur during the Project implementation, or in response to a Project performance assessment conducted within the framework of the ESCP. In such circumstances, the Recipient, acting through the Minister of Secondary Education (MSE), will agree on such changes with the Association and amend the ESCP accordingly. The agreed amendments to the ESCP will be recorded in a correspondence jointly signed by the Association and the Recipient. In this case, the Republic of Niger will immediately disclose the amended ESCP. Depending on the nature of the Project, the ESCP may equally specify the amount of financing needed to implement a measure or action. 6. Should any unforeseen circumstances or changes occur during the Project implementation period and induce a negative development of risks and impacts, the Recipient will provide additional financing accordingly to carry out the measures and actions needed to deal with such risks and impacts, which may include but are not limited to environmental, health and security impacts, as well as a sudden influx of labor and gender-based violence (GBV). 7. The table below presents the necessary measures and actions, as well as the implementation timeframe for same. 2|Page THE WORLD BANK - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION 2.0 – July 2019 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY/AUTHORITY MONITORING AND REPORTING A REGULAR REPORTING Implementation monitoring reports will Coordinator, monitoring and The Recipient, through the Project Coordination Unit (PCU), will be prepared and submitted on a half- evaluation officer, Environmental and prepare and submit to the Association regular environmental and yearly basis. A compilation of these Social Safeguards Specialists of the social monitoring reports, which will provide updates on the reports will be presented on a yearly Project Coordination Unit (PCU). environmental, social, health and safety (ESHS) performance of basis. the Project, including but not limited to the status of compliance with the measures outlined in the ESCP, particularly with respect These reports will be prepared to preparation and implementation of the environmental and social throughout the Project implementation measures and instruments mentioned in Section 1.3 below, period. commitments with stakeholders, as well as functioning of grievance mechanisms. The Recipient will equally present the Association, at the latter’s request, with all monthly monitoring reports submitted by contractors (contractors/suppliers). B INCIDENTS AND ACCIDENTS NOTIFICATION Notify the Association within 48 hours Coordinator, Environmental and The Recipient will immediately report to the Association any after learning of the incident or accident. Social Safeguards Specialists of the incident or accident related to the Project or affecting the Project, Project Coordination Unit (PCU). The incident or accident report will be which has or may have a major negative impact on the environment, prepared and forwarded within an the target communities, the general public or workers, including acceptable deadline for the Association. incidents of gender-based violence. The Recipient will provide detailed information on the incident or accident, including measures taken immediately to remedy same, as well as any information provided by a supplier/vendor or supervisory body, as the case may be. Finally, at the Association’s request, a report must be prepared on the incident or accident, including proposed measures to prevent any recurrence of the event. 3|Page THE WORLD BANK - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION 2.0 – July 2019 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY/AUTHORITY C CONTRACTORS MONTHLY REPORTS Monitoring reports will be prepared Contractor/vendor or any other The Recipient will require Consultants and Contractors (vendors) and submitted on a monthly basis. consultant employed by the Project. to provide monthly monitoring reports to the Project Coordination Unit. These monthly monitoring reports will be forwarded to the Association by the Recipient upon request. ESS 1: ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS 1.1. ORGANIZATIONAL STRUCTURE Recruitment: not later than one month Coordinator of Project Coordination The Recipient will ensure that a specialist responsible for after Project effectiveness Unit (PCU). environmental risks and a specialist responsible for social risks is engaged and maintained within the PCU throughout the project implementation period. The social safeguards specialist shall have gender and GBV expertise. The acceptability of the qualifications, experience and terms of reference of the specialists will be assessed by the Association. 1.2 ENVIRONMENTAL AND SOCIAL ASSESSMENT Draft ESMF consulted by: Before The Recipient has prepared ,consulted on the Project Environmental Appraisal Project Coordination Unit (PCU). and Social Management Framework (ESMF), which is used to identify and assess environmental and social risks and impacts, as Final ESMF adopted and disclosed by: well as outline appropriate mitigation measures. Upon approval by Prior to approval of the Project by the the Recipient and the Association, the document was published in Association Board of Directors country and, on the Association website. 4|Page THE WORLD BANK - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION 2.0 – July 2019 1.3 MANAGEMENT TOOLS AND INSTRUMENTS The Recipient will prepare and implement the following environmental and social risk management tools and instruments: A final version of the ESMF Project Coordination Unit (PCU). - Environmental and Social Management Framework; wasprepared, adopted and disclosed prior to approval of the Project by the Association Board of Directors (March - Labor Management Procedures; 31st, 2020). Labor Management Procedures will be prepared and adopted before approval of the Project by the Association Board of - Stakeholder Engagement Plan; Directors . A final version of the SEP wasprepared, - Standalone GBV/SEA/SH Action Plan; adopted and disclosed prior to project appraisal (February 15th, 2020). The final GBV/SEA/SH Action Plan will be prepared, adopted and disclosed - ESIAs; and six months following approval of the Project by the Association Board of Directors. - ESMP. ESIAs/ESMP will be prepared and approved prior to commencement of any activity that will require a specific environmental and social safeguard instrument. ESIAs/ESMP approved by the Association and adopted by the national authorities. Final ESIA/ESMP will be published and gazetted by the Recipient and disclosed on the Association website. 5|Page THE WORLD BANK - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION 2.0 – July 2019 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY/AUTHORITY 1.3.1 The Recipient will draw up a Project implementation manual (or Procedures Manual) containing a section on “Environmental and Social Measures”, with detailed job descriptions for: - The Procurement Specialist in the preparation of TORs; Procurement specialist: Before Project tender documents and contracts; effectiveness - The Environmental and Social Safeguard Specialists in the Two environmental and social preparation of the sections on environmental and social safeguards specialists: not later than one month after Project effectiveness Project Coordination Unit (PCU). safeguards to be incorporated into the TORs, tender documents and work contracts; - Minimum environmental and social requirements to be incorporated into the TORs and tender documents (including Codes of Conduct, coordination, reports and surveillance and grievance mechanisms); - Environmental and social indicators to be included in the monitoring instrument; 1.3.2 The Recipient will design a balanced scorecard to monitor Prior to concluding contracts with Project Coordination Unit (PCU). environmental and social performance of contractors and contractors and implemented throughout subcontractors. the Project implementation period. 6|Page THE WORLD BANK - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION 2.0 – July 2019 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY/AUTHORITY 1.4 MANAGEMENT OF CONTRACTORS The Recipient will require the following procedures applicable to contractors and subcontractors to be prepared and implemented: Site ESIAs/ESMP will be prepared, approved at national level and endorsed - Site-specific ESMP (C-ESMP); Project Coordination Unit (PCU) by the Association prior to - Minimum environmental and social requirements to be commencement of work by the incorporated into the TORs and tender documents for work contractor, and applied throughout the and supervision contracts (including Codes of Conduct, Project implementation period. coordination, reports and surveillance and grievance Procurement documents will be mechanisms); prepared by suppliers. - Child labor, GBV and other GBV items identified in the standalone GBV/SEA/SH Action Plan of contractor; The Recipient will ensure that all contracts awarded require Contractors will be supervised suppliers/vendors and subcontractors to incorporate and comply throughout the Project implementation with all the requirements set forth in the environmental and social period. tools and instruments referenced above. 7|Page THE WORLD BANK - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION 2.0 – July 2019 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY/AUTHORITY 1.5 PERMITS, APPROVALS AND AUTHORIZATIONS: The Recipient will obtain all permits, approvals or authorizations PCU (Coordinator and Environmental applicable to the Project, or facilitate the issuance of same from the Prior to commencement of works. and Social Safeguards Specialists) competent national authorities as the case may be, pursuant to the laws in force. The documents to be provided are as follows: - Environmental Compliance Certificate (ECC); - Reports on meetings with local populations or public hearings; - Deeds of conveyance, land transfer certificates or any other appropriate document; - Building permits; 1.5.1 The Recipient will comply or ensure compliance with the permits Within the deadlines set in the permits, PCU (Coordinator and Environmental and authorizations throughout the Project implementation period. approvals and authorizations and Social Safeguards Specialists) 1.6. CONTINGENT EMERGENCY RESPONSE Prior to the start of emergency PCU (Coordinator and Environmental In the event of an emergency which leads to activation of the response activities. The request to and Social Safeguards Specialists) Contingent Emergency Response of the Project, the necessary activate this part shall come from the instruments and measures will be developed as required prior to implementer with prior No Objection undertaking of the emergency response activities, to ensure from the Association. compliance with the ESSs. 8|Page THE WORLD BANK - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION 2.0 – July 2019 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY/AUTHORITY ESS 2: LABOR AND WORKING CONDITIONS 2.1 LABOR MANAGEMENT PROCEDURES The Recipient will prepare, adopt and implement labor Project Coordination Unit (PCU) for management procedures in compliance with ESS 2, paying special Adoption of final LMP before Board recruitment of suppliers/vendors attention to recruitment and employment procedures applicable to approval and implementation the Project, transparency in recruitment and termination, medical throughout Project implementation care, social security and insurance for employees. These period. procedures will be outlined in a document entitled Labor Management Procedures. These procedures also provide for engagement of (skilled or unskilled) workers from Niger and abroad. These requirements must be provided for in contracts with suppliers/vendors and sub-contractors, prohibit child labor and forced labor, and also safeguard the right to unionize, as set out in ESS2. The Labor Management Procedures will also include mitigation measures to address SEA/SH risks as indicated in the GBV/ SEA/H Action Plan. All project staff will be required to attend information and awareness sessions on GBV/SEAH throughout project implementation. 2.2 GRIEVANCE MECHANISM FOR PROJECT WORKERS The employee grievance mechanism Project Coordination Unit (PCU) will be operational prior to recruitment In addition to the Project Grievance Mechanism (GM), the of any Project employees and Recipient will ensure that the Project suppliers/vendors and sub- maintained throughout the Project contractors prepare and maintain a GM for any labor-related issues implementation period. under the Project, which mechanism must be easily accessible to Project employees and compliant with ESS 2. This will include reporting and allegation procedures regarding GBV/SEA/SH and an accountability framework and response to complaints. 9|Page THE WORLD BANK - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION 2.0 – July 2019 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY/AUTHORITY 2.3 OCCUPATIONAL HEALTH AND SAFETY (OHS) Suppliers/vendors MEASURES Prior to commencement of Project activities and maintained throughout The Recipient will ensure that the Project suppliers/vendors prepare Project implementation. and apply an Occupational Health and Safety (OHS) Plan in compliance with ESS 2 requirements. 2.4 EMERGENCY PREPAREDNESS AND RESPONSE The Recipient will ensure that the Project suppliers/vendors prepare Prior to commencement of activities and Suppliers/vendors and apply an emergency preparedness and response plan, while to be applied throughout the Project ensuring proper coordination of same with the measures outlined in implementation period. Section 4.5. The Recipient will immediately report any major emergency to the Association (including accidents with serious damages). In the event of an emergency which leads to activation of the Prior to the commencement of Government of Niger Contingent Emergency Response of the Project, the necessary emergency response activities. The instruments and measures will be developed as required prior to request to activate this part shall come undertaking the emergency response activities, to ensure from the implementer with prior No compliance with the ESSs. Objection from the Association. 2.5 TRAINING OF PROJECT EMPLOYEES The Recipient will work with Project suppliers/vendors, via the Throughout Project implementation PCU, to organize training for employees with a view to ensuring period. Project Coordination Unit (PCU) more effective implementation risk management for local populations. Special attention will be paid to the following aspects: GBV, child labor, grievance mechanism – including a mechanism for submitting GBV complaints; pollution and damage during Project activities –, hygiene, safety and environment, code of conduct compliance, etc. 10 | P a g e THE WORLD BANK - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION 2.0 – July 2019 MATERIAL MEASURES AND ACTIONS TIMEFRAME RESPONSIBLE ENTITY/AUTHORITY ESS 3: RESOURCE EFFICIENCY AND POLLUTION PREVENTION AND MANAGEMENT 3.1 WASTE MANAGEMENT PLAN: The Recipient will ensure the implementation of the waste and Prior to commencement of activities on Project Coordination Unit (PCU) hazardous material handling plan on the target sites. the Project sites and throughout Project The Recipient will equally ensure that the Project suppliers/vendors implementation period. prepare and apply a waste and hazardous material handling plan (ordinary waste and special waste). Where buildings earmarked for refurbishment contain asbestos- bearing materials, the Government will ensure that suppliers/vendors prepare and implement a special hazardous material handling plan to be approved by the National Environmental Assessment Office (BNEE). ESS 4: COMMUNITY HEALTH AND SAFETY 4.1 TRAFFIC AND ROAD SAFETY: These plans will be prepared during - PCU (Environmental and Social The Recipient will ensure the implementation of road safety plans, commencement of activities and Safeguards Specialists) particularly traffic plans for on-site machinery during applied throughout the Project construction/refurbishment works in accordance with the ESMPs. implementation period. - Supervisory mission 4.2 COMMUNITY HEALTH AND SAFETY: The Recipient will ensure the implementation of measures and Project Coordination Unit (PCU) actions related to community health and safety as set out in the in Before implementation of civil works the ESMPs. - BNEE; Maintained throughout Project implementation. - Labor inspectorate; - Supervisory mission 11 | P a g e THE WORLD BANK - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION 2.0 – July 2019 4.3 RISK OF GENDER-BASED VIOLENCE DURING Conduct a GBV risk assessment and - PCU; PROJECT IMPLEMENTATION PHASE: GBV Action Plan to be prepared, - BNEE; The project has piloted the GBV/SEA/SH risk assessment tool for adopted and disclosed latest six months the education sector. The risk screening carried out by the team following approval of the Project by the - Labor inspectorate; indicated that GBV/SEA/SH risk is high, due to the situation of Association Board of Directors. - Supervisory mission insecurity and the remoteness and vulnerability (poverty) of populations. The Recipient shall prepare a GBV Action Plan containing a number of gender-based violence (GBV) and sexual GBV Action Plan will be implemented exploitation and abuse (SEA) sensitization, prevention and risk throughout Project implementation mitigation measures, including, inter alia, budget allocated to implement those measures, a standard code of conduct to be signed by employees and details on GBV awareness campaigns for all Project stakeholders. The Recipient will ensure that all tender documents, work or service contracts, excluding consultancy services under the Project, require suppliers/vendors, subcontractors or consultants to adopt a code of conduct to be signed by all employees and an associated training plan. The code of conduct will be binding on all contracts or services, excluding consultancy services, ordered or delivered under the said contracts, and will cover GBV, child violence, sexual exploitation, sexual abuse. 12 | P a g e THE WORLD BANK - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION 2.0 – July 2019 4.4 SECURITY OF PERSONNEL: The Recipient will ensure, when necessary, that suppliers/vendors - Security services; needing security services for their employees and property: Prior to engaging any security personnel and throughout the Project - BNEE; - Give priority to existing security firms in the Project area. implementation period. - Labor inspectorate; - Ascertain that security personnel have received training, acceptable to the Bank. - PCU; Before calling in the military or security officers to protect Project - Supervisory mission employees and property, the Government should ascertain that: i) thorough background checks have been carried out to make sure that employees had not engaged in any illegal or threatening behaviour, including inter alia GBV or excessive use of force; and ii) employees have received the necessary training and guidance with respect to the use of force, and adoption of an appropriate code of conduct in a manner deemed acceptable by the Project and outlined in detail in the Project Implementation Manual. The Recipient will promptly investigate all alleged illegal or threatening acts committed by the military or security officers assigned to protect Project employees and property and take appropriate measures (or promptly request the competent authorities to do same) in order to prevent any recurrence of such acts. Where necessary, the Recipient will report such acts to the competent authorities. ESS 5: LAND ACQUISITION, RESTRICTIONS ON LAND USE AND INVOLUNTARY RESETTLEMENT NOT RELEVANT. There is no resettlement or land acquisition expected in this Project. ESS 6: BIODIVERSITY CONSERVATION AND SUSTAINABLE MANAGEMENT OF LIVING NATURAL RESOURCES NOT RELEVANT. All project activities are implemented in existing schools’ premises. ESS 7: INDIGENOUS PEOPLE/SUB-SAHARAN AFRICAN HISTORICALLY UNDERSERVED TRADITIONAL LOCAL COMMUNITIES NOT RELEVANT. There are no indigenous peoples in project areas. 13 | P a g e THE WORLD BANK - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION 2.0 – July 2019 ESS 8: CULTURAL HERITAGE 8.1 CHANCE FINDS PCU and Consultant Where necessary, the Recipient will prepare, adopt, and implement procedures for chance finds described in the ESMF and ESMP. The Prepared prior to commencement of chance finds procedures will be incorporated into all work contracts, Project activities and applied including in cases where the probability is extremely low. throughout Project implementation period. ESS 9: FINANCIAL INTERMEDIARIES NOT RELEVANT. This project will not deal with financial intermediaries. ESS 10: STAKEHOLDER ENGAGEMENT AND INFORMATION DISCLOSURE 10.1 STAKEHOLDER ENGAGEMENT PLAN PREPARATION Draft SEP Consultations: Before Project preparation team and PCU AND IMPLEMENTATION Appraisal The Recipient will prepare, consult upon, adopt, disclose and, Final SEP Adopted and Disclosed in thereafter, implement a Stakeholder Engagement Plan (SEP), and, country (February 12th, 2020) and Bank as needed, update it in a manner acceptable to the Bank and in line website (February 12th, 2020) with ESS10. Throughout Project implementation 10.2 PROJECT GRIEVANCE REDRESS MECHANISM: Prior to commencement of Project PCU (Coordinator and Environmental The Recipient will prepare and implement a Grievance activities. and Social Safeguards Specialists) Mechanism (GM): Throughout Project implementation period. - Prepare and implement a Project GM. - Carry out communication and sensitization activities on the GM prepared in all major local languages used in the Project area, with a view to ensuring that all target populations are aware of the existence of the mechanism and have access to same with a clear understanding of its grievance submission procedures. CAPACITY SUPPORT (TRAINING) 14 | P a g e THE WORLD BANK - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION 2.0 – July 2019 CS1 Training sessions will be organized for PCU employees and all implementation stakeholders on the following aspects: BNEE, PCU (Coordinator and technical officers), target communities, target public entities, civil society, etc. • ESS 1: Environmental and social risk and impact assessment • ESS 2: Labor and working conditions • Stakeholder identification and participation • Content of Environmental and Social Commitment Plan (ESCP) • Content of Stakeholder Engagement Plan (SEP) • GBV/SEA/SH mitigation, prevention and response and the development and implementation of the GBV/SEA/SH Action Plan CS2 Training sessions will be organized for laborers and other BNEE, technical units, PCU (Environmental and Social Safeguards Specialists, employees working on project sites, as well as sensitization technical officers), local communities, etc. programs for neighboring populations on the following aspects: • Personal protective equipment (PPE) • Work-site risk management • Occupational accident prevention • Hygiene, safety and environment (HSE) regulations • Solid and liquid waste management • Emergency preparedness and response • STI/HIV AIDS sensitization • GBV/SEA/SH sensitization, Codes of Conduct, GRM, GBV services available and other mitigation measures put in place by the project both for workers and the community 15 | P a g e THE WORLD BANK - ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN (ESCP): VERSION 2.0 – July 2019 CS3 Training sessions will be organized for (i) local and individual PCU (Social Safeguards Specialist) and the Consultant in charge of the coaches for teachers recruited under sub-component 1.2 of the preparation of the GBV Action Plan Project; (ii) the Recipient’s Child Protection Committees (at the department, commune and village levels); (iii) Project employees involved in the GM; and (iv) selected female teachers at the primary and low-secondary levels, on GBV/SEA/SH sensitization, mitigation, prevention and response; GRM (to disclose GBV incidents); and GBV services available. 16 | P a g e