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SFG1021 ENVIRONMENTAL AND SOCIAL MANAGEMENT Public Disclosure Authorized FRAMEWORK For the Public Disclosure Authorized DABS Planning and Capacity Support Project Public Disclosure Authorized Da Afghanistan Breshna Sherkat (DABS) Revised: 30/04/15 Public Disclosure Authorized 1 Table of Contents LIST OF ACRONYMS 4 EXECUTIVE SUMMARY 5 1 BACKGROUND AND PROJECT CONTEXT 7 1.1 BACKGROUND 7 1.2 PROJECT CONTEXT 7 1.3 PROJECT OBJECTIVES 8 1.4 PROJECT DESCRIPTION 8 1.5 PROJECT PHASING 9 1.6 POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS 9 2 POLICY, LEGAL AND REGULATORY FRAMEWORK 10 2.1 WORLD BANK OPERATION POLICIES TRIGGERED 10 2.2 AFGHAN LEGAL AND REGULATORY FRAMEWORK 11 3 ENVIRONMENTAL AD SOCIAL MANAGEMENT FRAMEWORK(ESMF) 14 3.1 ESMF GENERAL GUIDELINES 14 3.2 LESSONS LEARNED FROM ESMF IMPLEMENTATION IN OTHER PROJECTS 15 3.3 CONSULTATIONS 16 3.4 INSTUTIONAL ARRANGEMENTS: REQUIREMENTS, PROCESSES AND RESPONSIBILITIES FOR SAFEGUARDS SCREENING AND MITIGATION 16 3.5 MONITORING AND EVALUATION 19 3.6 GRIEVANCE REDRESS MECHANISM 21 3.7. KEY ENVIRONMENT AND SOCIAL TRAININGS UNDER COMPONENT ONE 22 3.7 INDICATIVE BUDGET 23 3.8 PUBLIC DISCLOSURE 23 2 LIST OF ANNEXES ANNEX 1: NEGATVE LIST OF SUB PROJECT ATTRIBUTES 24 ANNEX 2: CHANCE FIND PROCEDURES 25 ANNEX 3; ENVIRONMENTAL AND SOCIAL SCREENING TEMPLATE 27 ANNEX 4: GENERIC TERMS OF REFERENCE FOR A FULL SOCIAL IMPACT ASSESSMENT (SIA) 37 ANNEX 5: GENERIC TERMS OF REFERENCE FOR A FULL ENVIRONMENTAL IMPACT ASSESSMENT (EIA) 43 ANNEX 6: INDICATIVE ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN 49 ANNEX 7: NEPA'S ENVIRONMENTAL IMPACT ASSESSMENT PROCEDURE 50 ANNEX 8; ENVIRONMENTAL GUIDELINES FOR CONTRACTORS 51 ANNEX 9: INDICATIVE ENVIRONMENTAL MONITORING PLAN 58 ANNEX 10: LAND ACQUISITION AND RESETTLEMENT FRAMEWORK 63 ANNEX 11A: RESETTLEMENT ACTION PLAN (RAP) CONTENT 128 ANNEX 11B: GENERIC TERMS OF REFERENCE FOR INDEPENDENT 133 MONITORING OF RAP IMPLEMENTATION ANNEX 12: SAMPLE GRIEVANCE REGISTRATION FORM 135 ANNEX 13: SAMPLE REPORTING FORMAT FOR SAFEGUARDS STAFF 136 ANNEX 14: SUMMARY OF PROCEEDINGS FROM KABUL CONSULTATIONS ON ESMF 137 ANNEX 15: Environmental, Health and Safety Guidelines for Electric Power 141 Transmission and Distribution 3 List of Acronyms ADB Asia Development Bank ANDS Afghan National Development Strategy AP Affected Person APSDP Afghan Power System Development Project ARAZI Afghan Independent Land Authority CDC Community Development Council CMS Convention on Migratory Species COO Chief Operating Officer DABM Da Afghanistan Breshna Mossesa DABS Da Afghanistan Breshna Sherkat EHSMP Environmental Health and Safety Management Plan EIA Environmental Impact Assessment ESAP Environment and Social Advisory Panel ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework ESMP Environment and Social Management Plan ESO Environment Safeguards Officer GoIRA Government of Islamic Republic of Afghanistan GRC Grievance Redress Committee GRM Grievance Redress Mechanism LAC Land Acquisition Committee LARPF Land Acquisition and Resettlement Policy Framework LLE Law on Land Expropriation LLM Law on Land Management MAIL Ministry of Agriculture, Irrigation and Livestock MEW Ministry of Energy and Water MOJ Ministry of Justice NEPA National Environment Protection Agency NESP National Energy Supply Program NEPS North East Power System NGO Non Government Organisation NHRP Naghlu Hydropower Rehabilitation Project O&M Operations and Management PDO Project Development Objective RAP Resettlement Action Plan REA Rapid Environment Assessment SIA Social Impact Assessment SSO Social Safeguards Officer 4 Executive Summary Background and Project Context The planned Afghan power sector growth will place additional demands on the capacity of DABS. To cope with its increased responsibilities for investment, DABS will need to improve its capacity in the areas of planning and implementation of investment projects and then operating and maintaining them. To meet the demands placed on it, DABS must build its organizational capacity through the development of systems, procedures, and standards and of its staff through technical and other training and then ensure that these new capacities are applied to the task in hand. The proposed project is intended as an entry point for scaling up investment in the power sector. It is motivated by the need to move DABS towards a model in which it drives the investment and O&M process. Project Objective The Project Development Objective is to improve the capacity of DABS to plan the investment and maintenance of the electricity distribution system. Project Description The project consists of two components: (i) DABS staff capacity building and (ii) Development of a training centre Project Phasing The duration of the project is 4 years and 6 months. Both components are scheduled to begin in July 2015. The training centre will be completed within 2 years of the start date. Potential environmental and social impacts of the project components No environmental and social impacts are envisaged under component one of this Technical Assistance project. Capacity building to improve preparation of pre-feasibility and feasibility studies is a core element of this component and will include a range of training initiatives to help DABS’ staff identify and address potential downstream environmental and social impacts associated with the planning and implementation of future distribution investment projects. This ESMF, therefore, sets out general policies, codes of practice, guidelines and procedures to inform the content and design of such trainings and help DABS’ staff manage potential environmental and social impacts in future power investment projects. It should be noted that negative impacts of power distribution projects are considered negligible and limited to the siting of poles and sub power stations as well as the safe disposal of old transformers which may contain hazardous materials such as polychlorinated biphenyl (PCB). It is envisaged that the impacts of proposed power distribution projects will be limited to the siting of poles and sub power stations as well as the safe disposal of old transformers which may contain hazardous materials such as polychlorinated biphenyl (PCB). Under component two, construction of the training centre in the premises of the power plant in Deshsabz district of Kabul may cause limited, temporary and localized impacts including dust and noise pollution, increased construction traffic, establishment of temporary workers’ camp etc. These impacts are expected to be small and temporary and either reversed or mitigated through an Environmental and Social Management Plan (ESMP) and construction contracts. Policy and Legal Regulatory Environment World Bank Operation Policies triggered in DABS planning and Capacity Support Project Safeguard Policies Triggered by the Project Yes 5 Environmental Assessment (OP/BP 4.01) [X] Involuntary Resettlement (OP/BP 4.12) [X] The primary relevant laws and legislations framing social and environmental issues which need to be considered in relation to distribution investment projects are: a. The Environment Law of Afghanistan (2007) b. The Constitution of Afghanistan (2004) c. Afghan Land Policy (2007) d. Law on Managing Land Affairs (2008) e. Law on Land Expropriation (2009) f. Law on the Preservation of Afghanistan’s Historical and Cultural Heritages (2004) g. Investment projects will also be required to take account of the requirements of the National Environmental Protection Agency (NEPA) Environmental and Social Management Framework Since the extent of investment activities and their location are not known at this time DABs is required to prepare an Environmental and Social Management Framework in accordance with the World Bank’s requirements. The ESMF provides general policies, guidelines, codes of practice and procedures for the management of environmental and social issues to be integrated into the implementation of the project. As part of the ESMF development process consultations have taken place with DABS staff, NEPA officials and local communities/government officials in the vicinity of the site where the training centre will be built. Institutional Arrangements The Chief Operating Officer (COO) of DABS will have overall responsibility for ensuring compliance with the requirements set out in the ESMF. The environmental and social safeguards officers assigned to the Naghlu Hydropower Rehabilitation Project (NHRP) will also take responsibility for overseeing the implementation of this project’s ESMF provisions during preparation, implementation, monitoring and evaluation of all distribution investment projects. Monitoring and Evaluation DABS safeguards officers will be responsible for monitoring overall ESMF compliance. They together with the project management team, construction supervising engineer, local government and local communities will be responsible for monitoring that all required environmental and social mitigation measures, set out in Environment and Social Management Plans (ESMPs) are implemented satisfactorily. Grievance Redress Mechanism In order to ensure transparency and accountability in its investment projects a grievance redress mechanism (GRM) to address grievances related to project activities will be established by DABS as part of the ESMF implementation. DABS Operation Division and ESS team will have an important role in ensuring that affected communities have a full understanding of the GRM, ways to access it and (i) the concept of just compensation for involuntary
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