LAO PEOPLE’S DEMOCRATIC REPUBLIC PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY
MINISTRY OF PUBLIC WORKS AND TRANSPORT
DEPARTMENT OF ROADS
Lao Road Sector Project2 (LRSP2) Consulting Services for Conceptual Engineering Design of Improvement & Maintenance of NR 13 South from KM 71 to KM 346
PACKAGE 1 KM 71+000 – KM 111+000
VOLUME 6.A CONCEPTUAL DESIGN REPORT
ENVIRONMENT AND SOCIAL MANAGEMENT PLAN (ESMP)
(FINAL)
CONSULTANT:
ìñ©-¸ò-¦¾-¹½¡ò© ¸-¦½¸½ò -¡¿ £ö´´½−¾£ö´ LAO TRANSPORT ENGINEERING CONSULTANT Souan Mone KM 5, Thadeua Road, Vientiane, Lao PDR Tel.: (+856 21) 313510, 313761, 312840; Fax: 314811 e-mail: [email protected]. Homepage: www.ltec.com.la
, March 2020 LTEC CODE: SD-283-19 Consulting Services for Conceptual Engineering Design of Environment and Social Management Plant, P1 Improvement & Maintenance of NR13 South from KM 71 to KM 346 March, 2020
List of Documents
Request for Bid
Volume 1 Part 1 : Bidding Procedures Section I : Instruction to Bidders (ITB) Section II : Bid Data Sheet (BDS) Section III : Evaluation and Qualification Criteria (Without Prequalification) Section IV : Bidding Forms Section V : Eligible Countries Section VI : Fraud and Corruption
Volume 2 Part 2 : Works and Services’ Requirements Section VII : Specifications
Volume 3 Part 3 : Conditions of Contract and Contract Forms Section VIII : General Conditions Section IX : Particular Conditions of Contract Section X : Contract Forms
Volume 4 Part 4 : Conceptual Design Section XI-A : Standard Technical Specifications Section XI-B : Particular Technical Specifications Section XII : Drawings Section XIII : Bill of Quantities
Project Reports
Volume 5 : Conceptual Design Report (Main Report)
Support Data in Separate Volumes
Annex A : Bridge Design Report Annex B : Hydrology Report Annex C : Bridge Maintenance Guides Annex D : Survey Report Annex E : Geotechnical Survey Data and Pavement Condition Survey Data Annex F : Road Safety Inspection Report Annex G : Traffic Survey Data Annex H : Road Surface Roughness Survey (IRI) Data
Volume 6 Volume 6.A : Environment and Social Management Plan (ESMP) Volume 6.B : Resettlement Action Plan (RAP)
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TABLE OF CONTENTS
1. PROJECT BACKGROUND...... 5 2. PROJECT DESCRIPTION ...... 8 2.1 Right of Way ...... 10 2.2 Environmental Setting and Road Conditions ...... 10 2.3 Proposed Design Standard ...... 10 3. POLICY, LEGAL, AND INSTITUTIONAL SETTINGS ...... 12 3.1 National Laws and Regulations Related to Safeguards...... 12 3.2 World Bank’s Safeguard Policies Triggered and Instruments ...... 12 4. ENVIRONMENT AND SOCIAL CONDITIONS ...... 16 4.1 General Environment Profile ...... 16 4.1.1 Topography, Geology, Climate, River/Stream, Land Use, Geological and Mineral ...... 16 4.1.2 Biological Resources ...... 16 4.1.3 Point of Interests and Landscape ...... 18 4.2 Social and Economic Profile...... 19 4.2.1 Socio-Economic Resources ...... 19 4.2.2 Economy and Livelihoods ...... 22 4.2.3 Education and Health Facilities ...... 23 4.2.4 Tradition and Cultural ...... 23 4.2.5 Ethnic Groups ...... 24 4.2.6 Gender...... 26 4.3 UXO Risks ...... 27 4.4 Natural Hazards and Floodings ...... 27 5. POTENTIAL IMPACTS AND PROPOSED MITIGATION MEASURES ...... 30 5.1 Overall Impacts ...... 30 5.2 Positive Impacts ...... 33 5.3 Negative Impacts and Proposed Mitigation Measures ...... 34 5.4 Safety Risk Assessment ...... 38 5.5 Site Regulations and Safety ...... 39 5.6 Management of Construction Materials ...... 40 5.7 Management of Contractor ...... 41 5.7.1 Site Clearance ...... 41 5.7.2 Key ESS Requirements ...... 41 5.7.3 Labor Management, Worker Camp and Storage Area ...... 45 5.7.4 Site Specific-ESMP (SS-ESMP) and C-ESMP ...... 45 5.7.5 Non-Compliance Reporting Procedures...... 46 5.7.6 Community Relations ...... 47 5.7.7 Site Management and Monitoring ...... 47
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5.7.8 Reporting ...... 48 6. GRIEVANCE REDRESS MECHANISM (GRM) ...... 49 6.1 Introduction ...... 49 6.2 Grievance Redress Service (GRS) ...... 52 7. COMMUNITY ENGAGEMENT AND CONSULTATION ...... 53 7.1 Potential risks and negative impacts ...... 54 7.2 Proposed Mitigation Measures and Actions ...... 56 8. ESMP IMPLEMENTATION AND BUDGET ...... 58 8.1 Implementation, Monitoring, and Reporting Responsibilities ...... 58 8.2 ESMP Capacity Building and Training ...... 60 8.3 ESMP Implementation Budget ...... 61 9. ATTACHMENTS ...... 62
FIGURES
Figure 2-1 Project Location ...... 9 Figure 6-1: GCLS process as part of the GRM ...... 50 Figure 6-2: GRM Process for the NR13 South Project ...... 51
TABLES
Table 3-1 List of WB safeguard policies triggered for the Project ...... 13 Table 4-1 Demographic indicators of Project villages ...... 20 Table 4-2 Overview of key socio-economic indicators in Project Districts ...... 21 Table 4-3: Economic activity across the Project Region – District level ...... 22 Table 4-4: Summary of the main ethno-linguistic groups in the Project Area ...... 25 Table 4-5: Summary of natural hazards occurrence, damage and people affected in Lao PDR (1960- 2018) (EM-DAT, 2018) ...... 28 Table 4-6: Annual Loss of Transport Infrastructure Caused by Natural Disaster ...... 28 Table 5-1: Summary of potential Project impact ...... 32 Table 5-2: Location of Traffic Survey ...... 39 Table 7-1: Number of Participants ...... 53 Table 8-1: ESMP Implementation ...... 59
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ACRONYMS AND ABBREVIATIONS AF Additional financing LFND Lao Front for National Development AIIB Asian Infrastructure Investment Bank ARAP Abbreviated Resettlement Action LRSP-2 Lao Road Sector Project 2 Plan ASEAN Association of South East Asian LWU Lao Women Union Nations AWPB Annual Work Plan and Budget MAF Ministry of Agriculture and Forestry BKX Borikhamxay Province MCIT Ministry of Cultural, Information and Tourism C-ESMP Contractor-Environment and MOH Ministry of Health Social Management Plan COI Corridor of impacts MOF Ministry of Finance COC or Code of conduct on gender-based MONR Ministry of Natural Resources and COC on violence and violence against E Environment GBV/VAC children DCC Department of Climate Change MPI Ministry of Public Investment Management DMS Detailed measuring survey MPWT Ministry of Public Works and Transport DNEP Department of Natural Resources NBCA National Biodiversity Conservation and Environment Policy Areas DOF Department of Forest NGOs None Government Organizations DONRE District Office of Natural PA Protected Areas (national, provincial, Resources and Environment and district) DOR Department of Roads PFA Protection Forest Area (national, provincial, and district) DOT Department of Transport NR National Road DPI Department of Planning and NTFP None Timber Forest Products Investment DPWT Provincial Department of Public NR13S Improvement & Maintenance of NR13 Works and Transport South Project from Km71 to Km 346 DRC District Resettlement Committee OP/BP Operation Policy/Bank Procedure EA Environmental Assessment OPBRC Output- and Performance-Based Road Contract ECC Environmental Compliance OPWT District Office of Public Works and Certificate Transport ESCOP Environmental and Social Code of ODX Oudomxay Province Practice EDPD/ Environmental Research and O&M Operations and maintenance PTRI Disaster Prevention Division of PTRI EG Ethic Groups P1 Package 1 EGEF Ethnic Groups Enagement PBC Performance-based contract Framework
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EGEP Ethic Groups Engagement Plan PCR Physical Culture Resources ESHS Environmental and Social Health PONRE Provincial Office of Natural Resources and Safety and Environment EHSG Environmental Health and Safety PMU Project management unit Guideline EIB European Investment Bank PRC Provincial Resettlement Committee ESMF Environmental and Social PTRI Public Works and Transport Research Management Framework Institute ESMP Environmental and Social RAP Resettlement Action Plan Management Plan EIA Environment Impact Assessment RMF Road Maintenance Fund ESIA Environmental and Social Impacts RMS Road Management System Assessment ESS Environmental and Social ROW Right of ways Safeguards ESU Environmental and Social Unit of RPF Resettlement Policy Framework DPWT GOL Government of Lao People’s SA Social Assessment Democratic Republic GCLS Grievance and Complaints SS- Site specific-ESMP Logging System ESMP GRC Grievance Redress Committee SIA Social Impact Assessment GRM Grievance Redress Mechanism SOP Standard operating procedures GRMS Grievance Redress Mechanism TA Technical assistance Services IDA International Development TOR Terms of Reference Association (or the WB) IEE Initial Environmental UNCBD United Nations Convention on Examination Biological Diversity INDC Intended Nationally Determined UXO Unexploded Ordnance Contribution IUCN International Union for VRC Village Resettlement Committee Conservation of Nature and Natural Resources KM Khammouane province WB World Bank KM Kilometer number WBG World Bank Group Km Kilometers MWG Monitoring working group
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1. PROJECT BACKGROUND 1. The National Road 13 is the most important highway in Lao PDR, connecting Laos with China in the North and Cambodia in the South, for a total length of 1,500 kilometers (km). The National Road No. 13 South starts from Vientiane Capital to Southern part of Lao PDR ends at Cambodia border. The NR13 South links with other projects of land transport modes, including the expressway project (called Vientiane Hanoi Expressway), and also connects to others east-west corridors and International Mekong Bridges namely NR8 (AH15), NR12 (AH131), Third Mekong Friendship Bridge (Thakhek – Nakhon Phanom), Fifth Mekong Friendship Bridge (Paksane “Laos” – Bueng Kan “Thailand”). 2. The widespread flooding occurred in the 2018 rainy season confirmed that Lao PDR needs to take serious actions to build resilience, especially for its road infrastructure. The post disaster needs assessment, which was carried out after the 2018 flooding, showed that the total damages and losses are estimated at $371 million (M), which is 2.1% of GDP and 10.2% of annual budget in 2018. The country needs US$520M for disaster recovery with more climate resilience of its infrastructure and other economic activities. The transport sector accounted for more than 50% of the total need for the recovery. To support Lao PDR efforts in implementing the disaster recovery, the World Bank (WB) has allocated $50M from its Crisis Response Window of which US$25M will be used to improve climate resilience of existing National Road 13 South from Bolikhamxay province (BKX) to Khammouane province (KM) and the other half for flood protection in Loa PDR through another WB funding project. 3. The Government of Lao PDR (GOL) through the Ministry of Public Works and Transport (MPWT) and with assistance from the WB (through IDA) and other international financing agencies is implementing a project namely Improvement and Maintenance of National Road 13 South (NR13S) from KM71 to KM346 (called in this document as the Project Road, the Project, or NR13S). GOL budget will be provided through the Road Maintenance Fund (RMF) while the European Investment Bank (EIB) and the Asian Infrastructure Investment Bank (AIIB) have expressed their willingness to provide parallel financing. The Project Road will be divided into 3-4 improvement and maintenance contracts with specific financing by IDA (about $25M), EIB (about $35M), and AIIB (about $30M) while RMF will provide counterpart fund (about $18M). This Project is approved by IDA as the additional fund (AF) of the second Lao Road Sector Project (LRSP2-AF). A supervision consultant, called the Implementation Support and Works Supervision (ISWS) consultant, to be responsible for overseeing these works contracts1 will be financed by IDA. 4. The Project will be implemented through an Output- and Performance-Based Road Contract2 (OPBRC) similar to that being used for NR13 North, with a 10-year contract
1 Using one supervision contract, instead of three, would reduce the MPWT’s procurement and contract management effort. 2 Request for Bids - Works – Roads: Output- and Performance-Based Road Contracts, World Bank, October 2017. http://www.worldbank.org/en/projects-operations/products-and-services/brief/procurement-new-framework
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life. The OPBRC expands the role of the private sector from a simple execution of works to a management and maintenance of road assets and the contractor is paid through a combination of output payments for defined improvement works along with periodic performance-based lump-sum payments for bringing the road to a certain service level and then maintaining it at that level for a relatively long period. The 10-year OPBRC will comprise the first 2- or 3-year construction/periodic mainteance period (called the “Construction Phase”) and follow-up operations and maintenance (O&M) which may begin from the start of the contract and extend for 7 or 8 years beyond completion of the Construction Phase. The payments for the Construction Phase will be made if the contractor meets or exceeds the performance indicators for defined fully finished road sections (“milestones”), and against works certification issued by the ISWS consultant. 5. The Department of Roads (DOR), under MPWT, is responsible for implementation of this Project including overall technical oversight, execution, and management of the Project and has appointed a dedicated team (Project Management Unit - PMU) to be responsible for the day to-day implementation, and operation of the project, including contracting and supervision of all consultants. The Environment Research and Natural Disaster Prevention Division (EDPD) of the Public Works and Transport Insitute (PTRI) under MPWT is responsible for monitoring and supervision of environmental and social safeguards (ESS) and providing technical assistance and capacity building. 6. As part of the LRSP2-AF, to avoid and mitigate the potential negative impacts of the works during construction and maintenance services, an Environment and Social Management Framework (ESMF), an Ethnic Group Engagement Framework (EGEF), and a Resettlement Policy Framework (RPF) were prepared and approved by the WB and they were publicly disclosed. The ESMF calls for preparation of an Environment and Social Management Plan (ESMP) while the EGEF requires preparation of an Ethnic Group Engagement Plan (EGEP) if ethnic group minority are present with collective attachment to the project area and the RPF requires for preparation of an Abbreviated Resettlement Action Plan or Resettlement Action Plan (ARAP/RAP) when land acquisition and/or relocation is involved. More details are provided in Section 3. 7. This ESMP of the Project Road (or NR13S) covering all the packages from KM71 in Thaphabath district of BKX province to KM346 in Thakek district of KM with a total length of 245.5 km. ESMP is prepared to be applied under project to manage and mitigate potential environemtal and social impacts and risks associated the project works in line with ESMF. The ESMP describes (1) project background; (2) brief description of the NR13S Project; (3) the WB safeguards and GOL legal requirements are to be applied; (4) the general environment and social conditions of the province; (5) the potential negative impacts and mitigation measures; (6) grievance redress mechanism (GRM); (7) community engagement; and (8) ESMP implementation and budget. The ESMP also includes 10 attachments covering the (1) the Project background concerning road contions and specific locations of Project sites and material sources; (2) traffic survey and safety risk assessment; (3) applicable GOL regulations; (4) maps in forests in BKX and KM; (5) key issues and mitigation measures for SS-ESMP and the alignment sheet for Package 1 to be financed by IDA; (6) Project environmental and social code of
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practices (ESCOP); (7) Project code of conduc and action plan to prevent gender-based violence and violence against children (COC on GBV/VAC); (8) accident reporting procedure and forms; (9) grievance redress mechanism; and (10) Summary of Consultation Meeting in August 2019. 8. The Alignment Sheet described in Attachemnt 5 (Table A5.2) focuses on Package 1 starting from KM71 to KM111 (40 km) in Thaphabath district of BKX.
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2. PROJECT DESCRIPTION 9. The National Road NR 13 South Improvement and Maintenance Project will start from KM71 from Tha Prabath District of BKX province to KM346 in Thakhek District of KM covering approximately 275 km in length. It is expected that this Project Road will be a continuation of an investment from a project to be financed by AIIB for the NR13 South improvement and maintenance section from Vientiane Capital (KM 21) to KM 71 (Tha Prabath District, Bolikhamxay Province) expected to be financed by AIIB. Figure 2.1 shows location of the proposed Project Road. 10. The improvement works will include pavement with asphalt concrete (AC) of the 12m wide two-lane road3 and climate resilience improvement of vulnerable road sections, e.g., construction of additional and larger culverts with appropriate inlets and outlets, side ditches and canals to drain water, and slope protection.4 The design will ensure that water can flow to the natural reservoirs, minimizing the impact to the road and adjacent surroundings. The road alignment will be raised in flood-prone sections. 11. The NR13S Project will improve many bridges and culverts to allow traffic flow and ensure road safety. The culverts will be installed and/or added to appropriate flooding sections. However, the associated grading activities and cutting leading to the removal of land cover, natural vegetation and landscapes will likely alter flow rate and pathways upstream by introducing the possible widening of wetlands and other natural waterways. Additionally, filling of sections along the ROW will further contribute to the change in flow and pathways similarly to the way that backfill occurred in wetlands for settlement. The change in flow and pathways will likely lead to increase the downstream area vulnerability to flooding as well as increasing the frequency of flooding in existing high- risk areas. 12. Site visit was carried out during the week of 28th – 30th August 2019 and the road conditions (Plates 2-1 to 2-16 in Attachment 1) and types of heavy vehicles (Plate 2-17 to 2-20) along the road corridor starting from KM71 to KM111 were recorded. For this section, the road width is generally 9 metres with unpaved shoulder on both sides. Centre line as road marking is present without maintenance. Shoulders are used as parking places and lack of drainage is one of the main constants. Attachement 1 (a, b, and c) present picture of existing road conditions; locations of bridges, culverts, and draining and flooding point expected to be conducted; and locations of the material sources to be used during the implementation of the Project. 13. It is also expected that bio-engineering solutions, such as grass and tree planting will be used to improve road slope protection. The OPBRC covering both road improvement and maintenance will be used to address inefficiencies in road planning and maintenance. The
3 Some road sections such as from Km 91+700 to 92+200 will include overlaying with asphalt concrete (AC) of the 9m existing width to limit the relocation impacts. 4 For options to increase infrastructure resilience, see for example: Lifelines - The Resilient Infrastructure Opportunity. http://hdl.handle.net/10986/31805
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improvement will also address traffic safety issues through paving shoulders (e.g., for motorcycle traffic), installation of road signs, road marking, temporary parking space along the road, and installation of solar cell street lighting. In addition, the Project will also explore the opportunity to introduce electrical vehicles. 14. A detailed design consultant (LTEC) also conducted a traffic survey and a road safety assessment and the key findings (Attachment 2a and b) identify different types of heavy vehicles (trucks with tandem axle, single axle, double and triple axles) along the Project Road corridor and the results of a road safety assessment and recommendations. Since the NR13S road is a key connection to China, Vietnam, Thailand and other parts of Lao PDR, it is expected that heavy traffic will be increased when the ASEAN Road Networks are completed. The road design has taken this into consideration during traffic forecast for the design period.
Figure 2-1 Project Location
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2.1 Right of Way 15. The Right of Way (ROW) consists of the area of existing road components/infrastructure that has been legally defined. This includes: the main road body (carriageway and shoulder) from one embankment toe to another, flyovers, junctions, tunnels, viaducts, accessory/connector roads, and vehicular bridges/underpasses. Other road infrastructure such as pedestrian crossings, service stations/rest areas and workers accommodation camps have not yet been finalised, but their establishment and management are discussed in subsequent sections and chapters. The proposed Project Road activities will be carried out in the existing ROW except the Project sites for borrow pits and construction materials. There are areas with encroachment of activities and structure (permanent and temporary) located in the ROW of the Project and a separate survey has been made on types and nature of the encroachment and structures. 16. The width of the existing carriageway for the Package 1 is 9 m along the alignment. The improvement works will include the extension of road width from 9m to12m, except Km 91+700 to 92+200 will keep the 9m existing width to limit the relocation impacts. Implementation of the Project will require full clearance of all structures and vegetation within this boundary. The ROW will include a road reserve area adjacent to the NR13 South. 2.2 Environmental Setting and Road Conditions 17. The proposed Project Road is located in a flat and low-lying zone (called Mekong Plain) between the Mekong River and the mountains of the road corridor. The existing road is a 2-lane road, formation width of 9 metres in non-community area and 10 metres in community area, except the section through Paksane town (provincial capital of BKX) and Thakhek town (provincial capital of KM) where the existing road is wider than 10 metres and to be improved as similarly to urban road. The existing pavement is paved by DBST surface the latest improvement was undertaken during the Year 1990s under the Road 13 South Improvement Project (Vientiane to Pakkading and Pakkading to Savannakheth). The condition of existing road surface is evaluated in the range of low level to medium level deteriorated. Side ditches are mainly filled by soil and vegetation, cross drain structures are mainly in a good condition but need the maintenance and extension the length of structures to accommodate with new road width for the section of widening to 12 metres. Some of those culverts are insufficient capacity; the structure is deteriorated need to be replaced by new. Traffic signs, traffic signal, road marking, guideposts, guard rails are needed to improve for traffic safety. Evidence is shown in Attachment 1. 2.3 Proposed Design Standard 18. The criteria for the proposed pavement design have been established based on existing data, traffic data, the requirement of TOR, initial surveys and site investigation undertaken on the project during the inception period. 19. The proposed design of the road is based on the TOR and referred Road Design Manual of the Ministry of Public Work and Transport officially issued in August 2018. Referred to
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the design standard of ASEAN Highway (AH) and TOR, this Project Road will be split into three sub-sections with different road classes as the following: From KM 71 to KM 145, Class II in Level terrain; From KM 150 to KM 346, Class III in Level terrain; and For the sections through Paksane Town and Thakhek Town, shall be classified as urban and semi-urban road.
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3. POLICY, LEGAL, AND INSTITUTIONAL SETTINGS
3.1 National Laws and Regulations Related to Safeguards
20. In Lao PDR, there are many laws and regulations govern the utilization and management of natural resources management (land, forest, water, aquatic and wildlife, etc.) established in late 1990’s and many have been updated and/or revised. The Environmental Protection Law (EPL) established in 1999 and revised in 2012, describes the principles, regulations and measures for managing, monitoring, restoring, and protecting the environment including the pollution control and the impact assessment processes. In late 2013, two regulations on the Environment and Social Impact Assessment (ESIA) and an Initial Environmental Examination (IEE) were established. However, they have been upgraded to a decree level and the decree has been approved by the Prime Minister (EIA decree No 21, date January 31, 2019). Similarly, the compensation and resettlement decree established in 2005 (Decree 192/PM) was also revised and approved in 2016 (Decree 84/PM) and it has been reviewed in light of the WB’s comment and the promulgation of several related laws during 2017-2018. A number of decrees, regulations, and guidelines established and applied during 2000’s is being reviewed and revised. In late 2016, GOL also issued an order requiring all investment projects to take actions to reduce risk due to unexploded ordinance (UXO) before commencing the project activities. 21. From institutional aspect, the Ministry of Natural Resources and Environment (MONRE) is the lead ministry responsible for implementation of the EPL and its regulations and/or guidelines. MONRE is also responsible for management of water, land, and environmental management while the Ministry of Agriculture and Forest (MAF) is responsible for management of protected area (PA) and protection forest area (PFA)5. The 2012 EPL assigns the provincial office of natural resources and environment (PONRE) and the Vientian Capital to be responsible for review and monitoring of the IEE process while MONRE is responsible for review and monitoring of the EIA. During 2016-2018, significant institutional changes within and between MONRE, MAF, and other sector ministries occurred. However, at present, MONRE is responsible for ensuring effective management of EIA/IEE processes and for ensuring effective management of pollution control and inspection. Attachment 3 summarizes key GOL regulations that are applied to this Project.
3.2 World Bank’s Safeguard Policies Triggered and Instruments
22. The proposed Project Road is assigned by the WB as EA category “B” and as part of the LRSP2-AF, three safeguard instruments (i.e the ESMF, EGEF, and RPF) were prepared and approved by the WB and publicly disclosed. The ESMF, EGEF, and RPF were
5 In mid2016 the department of Forest Resources Management (DFRM) was moved from MONRE to MAF.
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reviewed during the preparation of this ESMP while the environment and social safeguards (ESS) screening confirms the nature and level of impacts of EA category B. 23. In line with the ESMF, the ESMP presents the background environment and social safeguards (ESS) issues and identifies measures to mitigate potential negative impacts during construction and maintenance operations (see Box 3.1) and has incorporated the guidelines provided in the generic ESCOP6 and the COC7 to be applied to contractors as well as those procedures required for GRM implementation and monitoring of ESMP compliance (see Attachments 5 to 9). The ESMP for NR13S Project will be prepared in the form of an Alignment Sheet (AS) comprising a series of site-specific ESMP to be prepared by Contractor (C-ESMP). The PMU assisted by the Implementation Support and Work Supervision (ISWS) consultant through its Field Engineers (FE) will be responsible for review and approval of the C-ESMP and its sub-plans and ensuring effective implementation. Preparation of RAP/ARAP and EGEP has also been made separately. 24. The ESMF also requires that the Project activities be conducted in accordance to GOL laws and regulations, especially those related to environment and social safeguards (ESS). Initial consultation with GOL suggested that to comply with the 2019 EIA decree, the Project will require 2 Environmental Compliance Certificates (ECC) (i.e. one from BKX PONRE and one from KM PONRE) and thus preparation of 2 IEE reports will be required. It has been agreed that EDPD/PTRI assisted by consultant will prepare the 2 IEE reports in Laos, complete consultation, and facilitate the issuance of the ECCs. EDPD/PTRI will also be responsible for the overall guidance, supervision, and coordination of the ESS activities of the Project including provision of training on ESS requirements as agreed with WB. 25. Table 3.1 summarizes WB safeguard policy triggered and safeguard instruments to be used for the Project Road. Box 3.1 presents justification for the trigger of these safeguard policies for the LRSP2-AF. Table 3-1 List of WB safeguard policies triggered for the Project WB Safeguard Policies Triggered? Safeguard instruments Environmental Assessment OP/BP 4.01 Yes ESMP/ESCOP/COC Natural Habitats OP/BP 4.04 Yes ESMP/ESCOP/COC Forests OP/BP 4.36 Yes ESMP/ESCOP/COC Pest Management OP/BP 4.09 No - Physical Cultural Resources OP/BP 4.11 Yes ESMP/ESCOP/COC Indigenous Peoples OP/BP 4.10 Yes EGEF/EGEP Involuntary Resettlement OP/BP 4.12 Yes RPF/ARAP/RAP Safety of Dams OP/BP 4.37 No - Projects on International Waterways OP/BP 7.50 No - Projects in Disputed Areas OP/BP 7.60 No -
6 The genric ECOP provided in the ESMF also included the WB requirements regarding “chance finds procedure” and the guideline on environmental health and safety. 7 The guidelines on COC provided in the ESMF focus on action plan related to gender-based violence (GBV) and violence against children (VAC).
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Box 3.1 Justification for the safeguard triggered for LRSP2-AF
Environmental Assessment (EA) OP/BP 4.01: The AF will provide TA supports to strengthen the MPWT environment and social management capacity including training and capacity building on UXO risks and EHS aspects during construction. The AF subprojects will not involve any major civil works (e.g. category A type) and/or involve TA activities that may lead to follow-up investments of category A subproject that can generate any significant adverse impacts on the local environment and people. This will be ensured through the application of the “negative list” which has been identified in the ESMF. The civil works activities will focus on routine and periodic road maintenance, including spot improvement in order to improve climate resilience and road safety of national, provincial and district road networks. It is envisaged that all activities would be carried on the existing carriageway within the existing RoW. However, there is a possibility of minor re-alignments and/or widening of road shoulder to improve road safety and/or strengthening road climate resilience. Investment activities may include elevating flood prone road sections, paving road sections with steep slope and the sections passing through big communities, drainage improvement/ construction, slope improvement/ stabilization etc. The environmental impacts from these activities will be minor, localized, temporary, and can be mitigated. Potential impacts include dust dispersion, noise, traffic obstruction and access, construction and road safety, etc. Work plan for road maintenance and spot improvements will be prepared during the AF implementation including the proposed NR13S subproject. To mitigate social and environmental impacts, the ESMF including a generic ESCOP (Annex F) and CoC (Annex G), and an outline of a provincial ESMP and a subproject Alignment Sheet have been prepared. The ESMF also provide guidance for: (i) the screening, identifying and addressing environmental and social impacts of the subproject activities and (ii) the actions related to TA activities to be in line with WB safeguards policies. Natural Habitats (NH) (OP/BP 4.04): The AF activities will be carried out within the existing roads and large clearance of natural habitats will not be required. However, given that this is a sector wide programmatic project, subproject locations will be known during implementation and some of the existing national, provincial and district roads may be located in a Protected Area (PA), Protection Forest Area (PFA), or other critical habitats. Consequently, this policy is triggered. The ESMF screening annex includes safeguard screening procedures which have been designed to detect and avoid potential negative impacts on natural habitats. Forestry (OP/BP 4.36): The AF activities including the proposed NR13S section, will be carried out within the existing road alignments and large clearance of forests will not be required. However, given that subproject locations will be known during implementation and candidate national, provincial and district roads may be located in PA or PFA, this policy is triggered. The ESMF includes safeguard screening procedures which have been designed to detect and avoid potential negative impacts on health and quality of forests. Physical Cultural Resources (PCR) (OP/BP 4.11): The AF activities will be carried out within the existing roads. However, initial screening suggests that the Project activities may create negative impacts on local temples and other local cultural sites observed along both sides of the NR13 S section, this policy is triggered. During the preparation of ESMP potential negative impacts will be identified and mitigation measures undertaken. The generic ESCOP including a “chance find” procedures will also be included in the contract specification. Involuntary Resettlement OP/BP 4.12: The AF activities will not involve major physical relocation and land acquisition because the work will be conducted in existing roads and may involve minor realignments without significant expansion. The work may affect trees and other roadside private assets, but no major loss of private assets including land would occur. The policy is triggered because the AF may involve minor and temporary land acquisition for
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maintenance and adjustments in some areas to improve road safety and/or road stability and climate resilience. The existing RPF has been updated to be applied under LRSP2 AF. The framework describes policies and procedures to avoid, minimize or mitigate negative impacts that may result from the AF investments including scope of a RAP and ARAP which will be required when involuntary land acquisition occurs. The need for preparation of RAP or ARAP will be identified during the safeguard screening to be conducted after the technical survey and design has been conducted. WB approval of RAP or ARAP and pubic disclosure will be required. Indigenous Peoples OP/BP 4.10: Many AF beneficiaries are expected to be indigenous people who are known in Lao PDR as ethnic groups and meet eligibility criteria under OP/BP 4.10. For example, some Hmong, Khmu,, Makong (or Bru) ethnic groups and others are living long the some segments of NR13 S section These are considered to be vulnerable ethnic groups in Lao PDR as their livelihood is heavily based on subsistence agriculture and forest. The presence and involvement of these ethnic groups triggers this safeguard policy. The impact of the road maintenance works on these communities, is generally positive. However, any negative impacts that may occur will be addressed under the EGEF which has been prepared for the AF including scope of the EGEP. The need for preparation of EGEP will be identified during the safeguard screening to be conducted after the detailed design of raod works is available as part of the road maintenance investment plan which will be prepared annually. WB approval of EGEP will be required prior to commencement of the road works.
The AF project will not involve procurement and/or use of pesticides therefore Pest Management (OP/BP 4.09) is not triggered. The AF will also not involve any dam, international waterway, and/or disputed area therefore the Safety of Dams (OP/BP 4.37), the Projects on International Waterways (OP/BP 7.50), and the Projects in Disputed Areas (OP/BP 7.60) will not be triggered.
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4. ENVIRONMENT AND SOCIAL CONDITIONS
4.1 General Environment Profile
4.1.1 Topography, Geology, Climate, River/Stream, Land Use, Geological and Mineral
26. Bolikhamxay province is located in the central part of the country. The province covers an area of 14,863 square kilometres. It shares boarders with Xiengkoung province to the northwest, Vietnam to the east, Khammoun province to the south, and Thailand to the west. These 2 provinces include the Annamite Range, stretching east to Vietnam, and the flat plain of the Mekong River and along border with Thailand in the west. Lao PDR is considered a centre for ecotourism activities with its two national protected areas and extensive system of wetlands. The altitude ranges from 140-1,588 meter (m). 27. Within the BKX and KM the main catchment for surface water is the Mekong River and several of its first order tributaries including the Nam Ngiep, Nam Xane, Nam Kading, Nam Hinboun and Xebangfai Rivers. In addition to these and a few smaller rivers, the two provinces have many perennial, seasonal and ephemeral streams, and wetlands. Lao PDR tributaries make large contribution to the seasonal river flow into the Mekong River. Average contributions range from more than 75% during the low-flow months in April and May, to more than 50% during the peak-flow months of July, August, and September (Adamson et al., 2009). 28. BKX and KM are located in a tropical climate. Weather is dominated by monsoons, which divides the year into clearly defined wet and dry periods. The wet season begins from May and extends until October, while the dry season runs from November to April. Geological structures in the BKX and KM seem to indicate joints and fractures of rock formations, which suggest seismic activity in the past. Mineral resources which occur in BKX are tin ore, limestone, gypsum, clay, fossil and minerals.
4.1.2 Biological Resources
29. The Project is situated in the Central Indochina Dry Forests ecoregion, which (prior to intensive disturbance) was largely dominated by Deciduous Dipterocarp Forest (also referred to as Semi-Evergreen Dipterocarp Forest) in the lowland positions of the Mekong Corridor with Mixed Deciduous Forest on ridges of small hills in the plain and foothills to the east of the Mekong Corridor. 30. Habitats surrounding the Project footprint are also fragmented and many are degraded by human activities, particularly habitats not afforded protection. Deciduous and Semi- Evergreen Forest located in the vicinity of the Project have been almost entirely degraded and a significant proportion has been converted to modified habitat types including cultivated land (i.e. rice fields). Natural regeneration of Semi-Evergreen Deciduous Forest is slow / non-existent to the extent that high quality examples of this forest type in the vicinity of the Project are extremely limited. Mixed Deciduous Forest has also been
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highly disturbed throughout the greater Project region, but this forest community regenerates relatively rapidly following disturbance (i.e. from logging and shifting cultivation) and through natural succession, may meet the Lao definition of the forest community within a decade. The entire Project footprint is dominated by modified habitats. (a) National Protected Area Network 31. Lao PDR has an extensive network of National Biodiversity Conservation Areas (NBCA) covering more than 21% of the country’s land cover. The closest and most relevant NBCA to the Project are listed as follows:
► Nam Kading NBCA: Situated in BKX, about 40 km east of Paksan in central Lao PDR. Approximately 80% of the site is dominated by native forest habitats including Evergreen Forest and Dry Mixed Deciduous Forest and is bisected by the Nam Kading River, a significant tributary of the Mekong River. Nam Kading NBCA supports a wide diversity of aquatic and terrestrial species including 256 plant species, 43 mammal species and 234 birds. Several globally rare and threatened species inhabit this site including red-shanked douc langurs (Pygathrix nemaeus; Endangered), rufous-necked hornbill (Aceros nipalensis; Vulnerable), pale-capped pigeon (Columba punicea; Vulnerable) and crested argus (Rheinardia ocellata; Near Threatened). Evidence of large-antlered muntjac (Muntiacus vuquangensis; Critically Endangered) has also been found in Nakai–Nam Theun NBCA and the wider region (IUCN, 2017).
► Phou Hin Poun NBCA: Located in Central Lao PDR in KM. The north-western and southern extents of this protected area are dominated by sparsely vegetated limestone formations of the Annamite Range, while the central area (often referred to as the 'central forest area') comprises a mosaic of Semi-Evergreen Forest and Mixed Deciduous Forest on non-calcareous substrate (Timmins, 1997; Thewlis et al., 1998). This diverse landscape supports at least 113 species of mammal, 160 species of bird, 81 species of reptile, 47 species of amphibian and 145 species of fish including the Sooty Babbler (Stachyris herberti), which is endemic to areas of limestone karsts. This site supports a number of IUCN (2017) Red List Near Threated species including Assam Macaque (Macaca assamensis), black giant squirrel (Ratufa bicolor), Chinese serow (Capricornis milneedwardsii;). Steinmetz (1998) also recorded Asian elephant (Elephas maximus; Endangered) activity in the central forest area.
► Phou Khao Khoay NBCA: located approximately 40 km northeast of Vientiane and covers an area of 2,000 km2. Phou Khao Khoay NBCA encompasses a large stretch of mountain range (the Phou Khao Khoay massif) with sandstone cliffs, river gorges and three large rivers with tributaries which flow into the Mekong River. Dry Dipterocarp Forest and bamboo scrub dominate gentle sloping sandstone shelves and stands of Mixed Deciduous Forest occur near pools and streams. The area is of importance for its bird life and is known to support a
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significant population of the globally Endangered Green Peafowl (Pavo muticus) (Birdlife International, 2017). (b) Provincial Protected Areas 32. Provincial Protected Areas have been designated for conservation or protection as they provide locally significant watershed or conservation value (ICEM, 2003). Several of these sites are located in proximity to Project corridor as follows:
• BKX – Houay Ngoua, Ph-Ngou, Phou-Kadan, Phou-Kout; and • KM - NameSNam, Pathambing. 33. Attachement 4 shows maps of forests in BKX and KM. (c) Important Bird Areas (IBA) 34. In total of 27 Important Bird and Biodiversity Areas (IBAs) have been designated in Lao PDR with a total surface area of 2,384,985 hectare (ha). These sites have been awarded IBA status in recognition of their international significance for the conservation of birds and other biodiversity. Many sites support globally threatened birds, restricted range and biome-restricted birds and congregatory species of bird. Furthermore, a total of 47 Key Biodiversity Areas (KBA) have been designated in Lao PDR which are 'sites contributing significantly to the global persistence of biodiversity’, in terrestrial, freshwater and marine ecosystems. IBAs and KBAs are not statutory designated sites and as such are not offer legal protection in Lao PDR unless they overlap nationally protected areas. 35. The Project NR13S from KM71 to KM346 lies entirely outside the boundaries of IBAs and KBAs. The closest and most relevant IBAs and KBAs to the Project are listed as follows:
► Khammouane Limestone IBA – a Key Biodiversity Area that overlaps the Phou Hinboun National Protected Area;
► Nakai Plateau IBA - partly included within Nakai-Nam Theun National Protected Area and Key Biodiversity Area;
► Hin Namno IBA – A Key Biodiversity Area that overlaps Hin Namno National Protected Area;
► Phou Khao Khoay IBA - located in the south-western periphery of Phou Khao Khoay National Protected Area and designated Key Biodiversity Area;
► Eastern Bolikhamxay Mountains; and
► Nam Kading Key Biodiversity Area.
4.1.3 Point of Interests and Landscape
36. According to the official website of the government, the following places could be visited https://www.tourismlaos.org/show_province.php?Cont_ID=395:
► Tad Xai - Cascading over seven steps, Tad Xai is the most beautiful waterfall in the Phou Khao Khouay NBCA. It is particularly attractive during the rainy season, and
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can be easily reached by a nice boat and trekking tour from Ban Hadkhai village, near Tad Lerk in Thaphabath District of BKX.
► Tad Lerk – From Wat Phabath 16 kilometres and 20 kilometres in from the South 13 Road in Thaphabath District. Located in Phou Khao Khouay NPA. This beautiful waterfall is the most accessible attraction in the park and ideal for relaxing, swimming, camping and trekking, Tad Luek had a Visitor Centre and a "Nature Trail".
► Tad Yog (Yong Rapids) - This fantastic rapids along the Yong River is located in Thaphabath District; near Tad Leuk, from Vientiane capital 99 kilometres to the south and turn left to Phou Khao Khouay NPA 5,4 kilometres, turn left 2,6 kilometres to Yangkheua Village, and take a boat 20 minutes (5,5 kilometres). See views along the Yong River, picnic at the rapids and tourists can swim and trek. This attraction can be easily reached, and is suitable for a one day tour.
► Tad HeuaHak - Located in Xaisavang Village in Paksan District, there are many waterfalls and rapids surrounded by green nature. Its name means "wrecked boat" which comes from a local tale. Located in 15 kilometres on South 13 Road from Pakxan Town.
► Tad Nam Pa - Travelling by boat starting from a nice sandy beach on the bank of Ban Nam Pa, a fairly typical Lao Village, you will see the exciting nature view of Tad Nam Pa Waterfall. Ban Nam Pa is just 25 minutes drive from Paksan on the Route 4B in Pakxan Town. The village also has handicraft products made by local people.
► Tad Thong Waterfall - This significant waterfall in Nam Kading NPA is located in Naphong Village, Pakkading District; trek 7 kilometres start at Naphong Elephant Rock. Suitable for 2 days tour, tourists can choose both trekking tour and camping overnight or taking home-stay in the village and start trek in the morning, it takes 3 hours to reach the waterfall and the last 1 kilometre is quite steep.
► Tad Kaih waterfall - The waterfall of Nam Mang River is closed to the Route 8, Thabak Village 'Nongkok' Region, 37 kilometres from Khamkeuth District.
4.2 Social and Economic Profile
4.2.1 Socio-Economic Resources 37. BKX and KM cover a total area of 14,863 km2 and 16,315 km2 respectively. The region is characterised by high population growth, a growing cash economy, commercialised agriculture, rapid industrial growth, and increasing competition for land resources. Table 4-1 provides a summary of key socio-economic and land use indicators within the Project Districts. 38. Population density in the Project Districts varies widely and is especially high in the capital districts of Paksan (in BKX) and Thakhek (in KM). The region has developed
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relatively quickly in the last decade, with most districts having experienced decreased incidences of poverty. Most district family poverty rates are below the national average. 39. Key agricultural areas are located in Paksan, Hinboun and Thakhek Districts where approximately 25%, 75% and 15.3% of land respectively is used for growing rice and cash crops. Large forested areas are more common in Pakkading, and Thapabath and Mahaxay Districts (70% and 80% of land area respectively) where two large national protected areas (Nam Kading and Phou Khao Khoay) are located. The limestone mountainous region (western Annamite Range) is a key feature of the Project Districts. 40. It should be noted that during the preparation of this ESIA Report, the field data collection teams have completed the survey for three Districts of Thaphabath, Paksan and Pakkading of Borlikhamxay Province while survey activities were on-going in Hinboun and Thakhek District of Khammouane Province. Once, the survey teams completed the survey works, the socio-economic information will be updated. 41. The Project alignment passes through villages generally having moderate population density, located within relatively easy access of district centres (<1 hours). Project villages residing along the NR13 South in Borlikhamxay Province vary in population size, ranging from 9,387 people in Ban Thongnamy, Pakkading District to 495 people in Ban Hatsaikhoun in Paksan District, with an average village size of 750 people. Average household size is 5.34 persons per household and overall sex ratio is 0.99 (male to female). 42. Most of the population in the Project Area is situated in the lowland zone. Population density is greater in villages in Paksan, Pakkading, and Thakhek Districts, particularly along the NR13 South. Villages in Thaphabath and Hinboun districts have lower population densities. 43. Further information on demographic indicators in the Project Area is presented in Table 4.1 and overview of key socio-economic indicators in Project Districts is outlined in Table 4.2. Table 4-1 Demographic indicators of Project villages Province / Number Population in surveyed villages Average Average Sex ratio District of villages village HH size (males to surveyed No. Population Females size females) Households Bolikhamxay Province (BKX) Thaphabath 13 3,455 17,500 8,802 1,346.1 5.06 0.98 Paksan 21 4,170 21,058 10,562 1,002.7 5.04 0.99 Pakkading 17 5,997 34,684 17,413 2,040.2 5.78 0.99 Khammouane Province (KM) Hinboun 19 2,009 21,058 10,562 1,108 10.48 0.99 Thakhek 17 3,725 20,216 10,013 1,189 5.4 1.01 Total: 89 19,356 104,153 52,332
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Table 4-2 Overview of key socio-economic indicators in Project Districts Population Accessibility District No of Total No of Agro- Poverty Provinces / Villages Land Population Main Ethnic Rural # HHs Ecological Topography Incidence Major Districts Total Female in Area Density Groups Village Zones (AEZs) (2015) (% Roads District (ha) with no of families) Road Bolikhamxay Province National Plains and Majority Lao, Road No. Thapabath 27,096 13,596 26 5,217 166,181 16 Vientiane Plain mountain <1 0.4 2.8% Khmu 13S and No. plateau 4508 National Paksan 46,575 23,450 54 9,007 65,400 71 Vientiane Plain Most plains 2.2 Road No. - 13S and 4B
Mainly Lao and Northern Mainly plains, National Pakkading 51,958 25,859 48 9,385 241,000 22 Tai, 8% Hmong Lowland some mountain 4.38 Road No. - and 4% Khmu Paddy Areas plateau areas 13S and 8A
Khammouane Province National Mekong Thakhek 91,771 46,517 91 17,153 98,000 94 Mainly Lao Mainly plains 0 Road No. 13 0.40% Corridor and No. 12 Mix of plains, National Mainly Bor and Mekong plateau areas Hinboun 51,252 25,500 103 9,430 201,500 25 <1 Road No. 13 3.20% Yor Corridor and limestone and No. 11 cliffs Source: KM-DPI, 2015; BLX’s District Government Offices – SEDP, 2016
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4.2.2 Economy and Livelihoods 44. Key economic indicators for Project Districts are presented in Table 4-3. Most districts have a relatively high GDP with the exception of Mahaxay District. Being the two capital districts of the Project Provinces, Paksan and Thakhek Districts have the highest GDP in the Project Area. Agriculture remains the primary economic activity in the Project Districts, although the region is transitioning to more market-based economies, particularly in the Vientiane Plains, the Mekong Corridor and areas along the National Highway 13. 45. The region is also experiencing a growing industry sector, especially in Project Districts in Khammouane Province. This has been attributed to the establishment of the Special Economic Zones / Areas near the capital district (Thakhek) and the development of the East-West link where the Thakhek Friendship Bridge was built and completed in 2011. 46. The main primary livelihood activities in the Project Districts include a combination of subsistence based and commercial agriculture, livestock raising, industry plantations, natural resource harvesting and cottage industry (e.g. handicrafts). The key cash crops include rice, maize / sweet corn, cassava and sugar cane. Industry plantations include rubber, eucalyptus, teak and agarwood trees. A summary is provided in Table 4.3. Table 4-3: Economic activity across the Project Region – District level
GDP GDP / Person Sector Contribution (%) Province/Distri GDP Growth / Year (Mill. cts (Bill. (%) LAK) Agriculture Industry Service LAK) Bolikhamxay Province Paksan 650.00 14.84 9.00 36.00 39.00 25.00 Thaphabath 374.00 13.39 11.00 51.00 36.00 13.00 Pakkading N/A N/A N/A N/A N/A N/A Khammouane Province Hinboun 352.37 6.98 10.70 69.89 23.17 6.97 1,242.0 Thakhek 14.08 12.73 N/A N/A N/A 0 Mean (District) 654.59 12.32 10.85 52.29 32.72 214.99 Source: BLX DPI, 2015 and KM DPI, 2015 47. Livelihood systems in the Project corridor are based on lowland rice cultivation, animal husbandry, fishing in nearby rivers and streams, collection of non-timber forest products (NTFPs), timber forest products (TFPs) and a variety of non-agricultural activities. 48. The diversity of livelihood systems varies across the Project villages. Some villages are more dependent on land-based livelihoods, whilst others (particularly in the fast-growing areas along the National Road 13) have had the opportunity to diversity their livelihood base with a number of wage employment and non-agricultural activities. Livelihood systems in the Project Area include: 49. The significant difference in the male and female distribution of occupations is seen with farmer, business, state officials, state enterprise officials, and labor work. Males describe
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themselves as unemployed, none of the women do. More than 50 % of females are engage in different occupation. However, female described themselves household traders and state enterprise official. Males significantly engage in farmer, labor worker, and official government more than females.
4.2.3 Education and Health Facilities
50. From the data collected, most villages have primary schools except for Ban Anousonexay and Ban Simongkhoun in Paksan District; and Ban Nakheuanork and Ban Khonesong in Pakkading District. These villages, however, are located in approximately 1-2 km to neighbouring schools where children are accessible. The number of primary school classrooms range from three (Ban Hangsingsavang) to 30 classrooms (Ban Phonexayneua, Paksan District). There are 28 secondary schools across 53 villages in three Project Districts. These school facilities are located along or in close proximity to NR13 South corridor and some parents expressed concerns over safety of their children during travel to and back from schools. 51. There are seven health centers locating along the Project alignment. Theses basic infrastructure will not have direct affect, and will not relocated. Opposite, the project will provide better access to these facilities due to the road condition will be better after the completion of the project. However, negative impact might be occurred such as difficulty during the construction, dust, and risk to accident during the traffic. The project will have the impact mitigation and management plan to reduce and mange potential risk that may be occurred during the construction period. 52. Based on data provided during the socio-economic data survey all most 100% of population in the affected areas can read and write. Only 0.3 % (235 people) of total population in 53 villages are uneducated, out of this more than 50% (124 females) are females. Majority (7,651 people or 10% of total population in 53 villages) of affected households graduated from high school, combined of 48% females. About 1,411 or 2% (626 females) people graduated from university.
4.2.4 Tradition and Cultural
53. BKX and KM are also rich in tradition and cultural resources and the key ones nearby the NR13S can be highlighted as follows: Phabath Temple - Situated 83 kilometres from Vientiane Capital on the NR13South Road in Thaphabath District. This is an important pilgrimage site as it houses the huge "foot print" of Lord Buddha area is a significant place for all Buddhists in the country. The people in the area believe that when someone is passing this place, one must stop to pray respect to the spirits for a good journey. PhonsaneTemple - Located Thaphabath District near Wat Phabath. This temple overlooking the Mekong river is well known for "Bang Fai Phayanak" or the "Naga Rocket", a mysterious and still unexplained phenomenon, which occurs every year during the 15th day of the 11th (according to the lunar calendar), when
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small fire balls in different colours are shot out from the river for about 10 to 15 meters and disappear in the sky. Dan Soung Temple - A series of colourful Buddhist buildings on the rocky outcrops surrounded by beautiful nature. There are many large Buddha images, a holy pool, flower gardens, and rocks which have interesting stories Pakxan Town of the old legend ‘Nang Sip Song’ (The Twelve Ladies) located 5 kilometers on NR4B from Pakxan Town. Ai Taeng Tribe in Nong or Village and Napae village - The Tai Teng form a small, but colourful Lao ethnic minority group. Most live around Ban Nong Or and Ban Napae, 17 kilometres from Laksao in Khamkeuth District. as well as rice farming they are well known for their silk handicraft. New Phabath (buddha footprint) - Located in Na Xay Village, Thaphabath District, 70 kilometers on NR13 South from Vientiane Capital, this Phabath was found in October 2009. There are some ethnic tradition and culture such as “Hit 12 Khong 14 of Lao and Leu” refer to the Buddhist calendar; “Kin Chieng ” of Hmong, Yoa and Kher; “LaPeup” of Kmu; “Boudockdeng and Bounkalor” of Pri, and they are all celebrate after crop harvest. 54. According to the discussion during the consultation meeting in each village visited and even more than two ethnic groups are living in the same village, there had no serious conflicts among or between different ethnic groups, they are all respect elder who has been selected to be a representative of each ethnic groups, who are very active in representing and are functioning as the grievance and mediation groups for the villages in coordination with village authorities. 55. Agricultural society and main source of income: All of ethnics who are living along the road maintenance planned have similar agricultural society, although gathering, hunting, and fishing are parts of each ethnic lifestyle. They also similar crops including rice, cassava, maize, cardamom, jobs tea, galangal, nut and variety of vegetables as well as similar livestock such as large luminance, small animal (pig, goat...) and poultry and all those mentioned are income sources of Ethnic groups. All Ethnic groups visited said that with less agricultural lands to cultivate are doing slash and burn in nearby mountain slopes.
4.2.5 Ethnic Groups
56. Lao PDR is a multi-ethnic country with 50 ethnic groups divided into four main language family groups including Lao-Tai, Mon-Khmer, Chino-Tibetan and Hmong- Iw Mien. Lao Tai speaking people account for approximately 65% of the population. Other family groups are generally considered ‘ethnic minority’ groups. The largest include Mon-khmer and Hmong-Iw ien making up 30% and 5% of the population respectively.
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57. Typically, the Lao-Tai reside in the agriculturally productive lowland areas and are also primary residents of urban areas. The Mon-Khmer traditionally live in midland rural areas, whilst the Hmong- Iw Mien are generally found in the upland and highland mountains in the north. Further information is presented in Table 4.4.
Table 4-4: Summary of the main ethno-linguistic groups in the Project Area Language Ethnic sub-groups in the Description Family Project Area Lao-Tai groups (often referred to as Lao Loum) traditionally reside in lowland areas and for the most part cultivate paddy fields, practice Buddhism and are Lao Loum, Kaleng, Meuy, Lao Tai integrated into the national economy. This linguistic Yoh/Yho, Bor/Bo, Phu Tai, Tai, family includes 8 ethnic groups - the Lao who are the Tai Phuan, other dominant group, and various related ethnic groups such as Tai Dam, Tai Daeng, Tai Khao, Tai Lue and Tai Phuan. The Mon-Khmer (often referred to as Lao Theung) traditionally live in the middle hill areas, are animist, tend to practice swidden agriculture, utilise forest products and are relatively isolated from the dominant Mon- lowland culture - although there has been assimilation Khmu, Makong Khmer and integration for centuries. This linguistic family includes 32 ethnic groups and related sub-groups. Their language links them to the Mon (Menam Region) and the Khmer (Cambodia). The Hmong-Iw Mien migrated from China to Laos in the 19th century and include several ethnic groups: Hmong Hmong- Ntsoua, Hmong Daw, Iw Mien and Kim Mun. They Hmong Mien generally inhabit highland regions, are animist and practice shifting cultivation. Source: Chazee, 1999 and NSC, 2015 58. The geopgrahical spread of ethnic groups across the Project villages reflects the broader regional trends. In general, the Lao-Tai ethno-linguistic group are the dominant group in the Project Area, comprising 90% of the population. Villages dominated by the Lao-Tai are generally located in in the lowland zone. A number of sub-groups including the Lao Loum, Kaleng, Meuy, Bo/Bor, Yoh and the Phu Tai also make up the Lao-Tai population in the Project Area, with the Lao Loum being the largest ethnic group (65% of the population) in the Project Area. 59. The remaining population consists of ethnic minority groups comprising of the Khmu ethnic group from the Mon-Khmer ethno-linguistic family and the Hmong from the Hmong-Mien ethno-linguistic family. There are some villages dominated by ethnic minority groups (e.g Ban Nakhaen in Thaphabath District; Ban Mixay in Paksan District which are dominated by Khmu; Ban Thongnamy is dominated by Hmong). However, Khmu and Hmong populations reside in a number of Lao-Tai dominated villages,
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including Ban Nam Ngiep in Paksan District, Ban Namdeua in Pakkading District. The details of ethnic groups of the Project Area are given in EGEP and RAP/ARAP. 60. Approximately 95.33% of people in Project villages in Borlikhamxay Province practice Buddhism, and 4.67% practice Christianity or Catholic. In multi-ethnic villages, a mix of both religions is common. (a) Khmu in the Corridor 61. In Lao PDR, Khmu form the second largest ethnic group. Though the majority of Khmu people are found in the Northern provinces, there are some households migrated to the central and southern provinces during the past 50 years. The Khmu are settled agriculturists and practice swidden farming. Agriculture is the main source of food, supplemented by gathering, hunting, trapping and fishing. Some Khmu keep domestic animals, but these are used for sacrifices more often than for food. Rice is the staple and there are many varieties, all of them glutinous. Other crops include corn, bananas, sugar cane and a wide variety of vegetables. 62. In the Project area, some Khmu ethnic groups are residing in multiethnic villages with Lao Tai and other ethnic groups. These Khmu groups and communities are found in six Project villages in Thaphabath, four villages in Paksan and six villages in Pakkading (refer to EGEP and RAPs). (b) The Hmong in the Corridor 63. Hmong communities have been integrated in several Project villages. These include Ban Namlo and Ban Veunthath in Thaphabath District. Some Hmong families are residing in Ban Nam Ngiep in Paksan District. Ban Thongnamy is dominated by a Hmong community with more than 837 households (refer to EGEP and RAP/ARAP). The main livelihood activity of Hmong community in Ban Thongnamy is agriculture, small vendor owners, and selling agricultural crops and handicrafts. Many street vendors in this village will require removal for the NR13 South widening and compensation will be provided as described in detail in RAP.
4.2.6 Gender
64. Similar to the rest of Lao PDR, semi-urban economies in the Project corridor have a gendered division of labour and a gendered division of the income and benefits of labour. Some roles are traditionally undertaken by men (e.g. construction, rubber tapping, etc) and some roles are traditionally undertaken by women (e.g. handicraft, and livestock rearing). Women undertake most household duties (i.e. cooking and cleaning), including the collection of water for household consumption or usage, and the collection of firewood or fuel and taking care of small livestock. 65. In the surveyed villages, both men and women play a role in agriculture and livelihood activities. Men are generally more involved in the agriculture works; however women also help with the rice paddies. Women undertake the marketing and sale of their agriculture and livestock products, including selling rice, cassava, vegetables, fish, and livestock, which contribute to household income in combination with handicrafts, undertaking petty
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trade, and wage labour. Handicraft is also one of the main duties of women in the Project area, which includes weaving, and making brooms, sticky rice boxes, and bamboo fences. 66. Men also sell their labour to make an income. The labour consists of construction works, agricultural work, and mining. In villages near the major city of Paksan, such as Phonemongkhoun, both men and women work for the Government of Lao PDR. 67. All of ethic women said that their barriers to participation in project activities are language; education; cultural norms; workload; low self-esteem. To empower women to overcome barriers themselves and participate more fully in community development requires both men and community to provide support and acceptance. 68. To address the concerns on the involvement and participation of women, the organization, establishment and development of the road maintenance and other village organizations must consider women representation in leadership and executive committees. Women must also be given equal opportunity to represent the household in meetings, trainings, and similar programs/activities. Women will be also encouraged and provided with employment opportunities to possible dedree to work for the project and contractors.
4.3 UXO Risks
69. An unexploded ordinance (UXO) is military ammunition or explosive device which has failed to function as intended when initially deployed. Lao PDR is, per capita, the most heavily bombed country in the world and despite clearing efforts, UXO is still present in much of the country, with approximately 25% of Lao PDR’s10,000 plus villages being UXO contaminated (NRA, 2016). The Lao National Regulatory Authority (NRA) estimate there are 80 million UXO scattered throughout the country, the majority of which are cluster munitions. Much of the data on UXO in the country is supplied by the US military. However, these data are not comprehensive, and bombing undertaken by the Thai and Lao governments has not been fully documented or mapped. 70. In Lao PDR, UXO risk continue to have lethal impact on human and livestock (UNDP, 2010). The presence of UXOs can also impede infrastructure development and prohibit access to areas of land and interrupting transport routes. The density of UXOs is unequally distributed across Lao with the majority of UXOs found along the border of Lao and Vietnam in the Khammouane, Savannakhet, Saravane, Sekong and Attepeu Provinces. 71. As the proposed NR13S interventions will focus mostly on surface road upgrade works within the existing ROW, thus the UXO risk is expected to be low. However, there may be some risks during the extraction of materials and new borrow pits and construction sites including the project work camps, thus the contractor will be required to ensure that those sites are free of UXO risk.
4.4 Natural Hazards and Floodings
72. Lao PDR and its inhabitants are highly susceptible to natural hazards including flooding, landslides, storms and typhoon, agricultural pests and infestations, droughts in certain
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seasons, and epidemics (ADPC, 2016). Table 4-5 shows the frequency, extent, damage and loss of life of recorded natural hazards in Lao PDR from 1960-2018. Note that estimates of total loss of life, number of people affected, and total damages are likely to be an underestimate due to the remote nature of disaster impacts, uncomprehensive surveys of private asset damage, infrequent national data collection and the possible lack of hospitalisation or record keeping of disaster victims. Table 4-5: Summary of natural hazards occurrence, damage and people affected in Lao PDR (1960- 2018) (EM-DAT, 2018)
Events Total loss of Total number Total damage Disaster type Disaster subtype count life affected ('000 US$) Drought Drought 5 0 4,250,000 1000 Bacterial disease 2 534 8,244 0 Epidemic Viral disease 4 285 38,000 0 Other epidemics 3 44 9,685 0 Flash flood 1 34 430,000 0 Flood Riverine flood 12 395 2,181,743 158,128 Other floods 13 85 1,952,868 12,530 Tropical cyclone 4 64 1,397,764 103,650 Storm Other storms 2 8 38,435 302,301
73. In 2018, the Tropical Storm Son-Tinh and Tropical Storm Bebinca events during July to August caused severe damages to many provinces and districts across Lao PDR. Road sector in particular, was damaged significantly and accounted for one-fifth of the country’s road network (GOL, 2018), with a total estimate of 822.02 billion Lao Kip. Table 4-6: Annual Loss of Transport Infrastructure Caused by Natural Disaster Affected Value in Year Type of Disaster Affected Properties Billion LAK (Million USD) 2011 Flood, Landslide Roads and Bridges 554.27 (68.43) 2012 Flood, Landslide Roads and Bridges 402.94 (49.75) 2013 Flood, Landslide Roads and Bridges 323.79 (39.97) 2014 Flood, Landslide Roads and Bridges 573.95 (70.86) 2015 Flood, Landslide Roads and Bridges 794.15 (98.04) 2018 Flood, Landslide Road, Bridges and Culverts 1,607 (198.52) Source: Mainstreaming Disaster and Climate Risks into the Road Sector in Lao PDR, 2017; Post-Disaster Needs Assessment: 2018 Flood, Lao PDR
74. Flooding. Road sections in BKX and KM were also affected by the 2018 flood events. The estimate damage values to the road infrastructure was 29.91 billion Kip (in BKX) and 53.05 billion Kip (in KM). It is estimated that both provinces need short-term and medium-term road maintenance and repair at a total cost of 77.81 billion Kip and 71.74 billion Kip respectively (Lao PDR, 2018). It is expected that the NR13S Project will
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potentially reduce the flooding of catchments along the ROW and possibly extend further to residential areas outside of the ROW. Currently, many residential areas currently experience seasonal flooding in association with high rainfall events due to a lack of adequate drainage systems and the implementation of backfill of low-lying regions for urban development. Although the exact height of water table is unknown, it can be considered to be close to the surface within the highly-permeable vadose zone, indicating that that a slight alteration to the existing conditions will have adverse effects. The assessment of existing bridges and culverts was conducted by the design consultant (LTEC) hydrological survey team (see Attachment 1b).
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5. POTENTIAL IMPACTS AND PROPOSED MITIGATION MEASURES
5.1 Overall Impacts
75. The overall impacts of the proposed Project will be positive in improving road accessibility, road safety, flooding resilience, and well-being of the local people. Spot improvements of critical sections aim to improve the road’s climate resilience that include elevating flood prone road sections, paving road sections with steep gradients and sections passing through large communities, drainage improvement/construction, and slope improvement/ stabilization. The Project will also provide significant capacity building through on-the-job training, the introduction and implementation of OPBRCs on road improvement, and the environmental and social planning and management that goes along with the Project activities. 76. This impact assessment and mitigating measures cover the entire cycle of the Project activities, from design, pre-construction, construction and operation and maintenance. The coverage of the project phases is defined as follows:
► Preparation phase including time for preparation of Project activities and investment including preparation and completion of the ESMP, EGEP, RAP/ARAP, detailed engineering design (DD) and preparation of bidding documents (BD) and contract document (CD) including all WB clearances.
► Pre-Construction Phase is the time before the ‘Notice to Proceed’ is given to the contractor to commence the construction covering the beginning time for bidding and implementation of ARAP/RAP and EGDP including the time when detailed measurement survey (DMS) and determination of compensation is completed as well as the mobilization of construction supervision consultant.
► Construction Phase is the period from the completion of the Pre-construction activities time until the issuing of the ‘Certificate of Completion’. Payment of compensation for project affcted people as per ARAP/RAP and GOL issuance of the ECCs and other necessary approval must be completed before construction can begin.
► Operation and Maintenance (O&M) Phase is the time from completion of works (including site clearance) and maintenance activities during the OPBRC period. It is expected that after the OPBRC, the O&M responsibility will be under the responsibility of the DPWT of BKX and KM. 77. Potential impacts of the Project can be classified as:
► Direct Impacts - i.e., those directly due to the Project itself such as the conversion of land previously used for agricultural purposes to transport use. Direct impacts also include the impact of construction expenditures in the local economy.
► Indirect Impacts – i.e., those resulting from activities prompted by the Project, but not directly attributable to it. The use of rock for the improved roadbeds, for example, has
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an indirect impact of increasing the demand for crushed rock and increased borrow operations.
► Cumulative Impacts – i.e., impacts in conjunction with other activities. A single road improvement may not exert a significant environmental impact, but if several roads comprising a network are developed in the same area, or are combined with agricultural reform programs in the same general area, the cumulative or additive effect could be large. 78. The nature of risks and impacts on local community and local environment is assessed according to key Project activities on physical, biological, and sociological charactorerics of local conditions while the level of impacts can be categorized as short-term or long- term8. Both short-term and long-term impacts may be either beneficial or adverse. Short- term positive impacts will include, for example, the generation of employment opportunities during construction period. Long-term benefits will include enhanced development opportunities, improved transport services, easier access to commercial and service facilities; faster communications and commodity transport; improved access to markets and growth centers and increased services and commercial facilities. 79. Table 5.1 summarizes the assessment of the potential impacts of the proposed Project during rehabilitation and maintenance works while brief discussion on the key impacts and mitigation measures is provided in Section 5.3 below. Sections 5.4 to 5.6 provide a separate discussion on road safety assessment and recommendation, construction materials, and management of construction contract.
8 Short-term road impacts include those occur during road construction and affect land use, air quality and other factors. Many of these impacts, however, will be short- lived and without long-lasting effects. Even the effects of some relatively significant impacts such as borrow pits, for example, may be eventually erased if appropriate mitigation actions are taken. Many potential short-term negative impacts can be avoided or otherwise mitigated through proper engineering designs and by requiring contractors to apply environmentally appropriate construction methods. Long-term road impacts could, for example, affect regional land use and development patterns and regional hydrology and flooding if roads are poorly designed. Long-term negative impacts can also result from the loss of agricultural land to other land uses; air and water pollution; problems associated with scattered borrow pits; and haphazard growth.
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Table 5-1: Summary of potential Project impact
Aspect Physical Characteristic Biological Characteristic Socio-economic Characteristic
-
Geology Topography Soils Climate and AirQuality Hydrology Flora Fauna Protected Areas Infrastructure LandUse Waste Management Socio economic Health Safety and Educational Facilities PCR Noise
Land Acquisition D/L D/L Borrow Pits / Quarries D/L D/S D/S D/S D/S D/S D/S D/L D/S Asphalt Plants / Blasting Plants D/S D/S D/S D/S D/S D/S D/S D/S D/S Construction Camps D/S D/S D/S D/S D/S D/S D/S D/S D/S D/S Storage / Laydown Areas D/S D/S D/S D/S D/S D/S D/S D/S Haulage Routes D/S D/S D/S D/S D/S Site Clearance D/L D/S D/L D/L D/L D/S D/L D/S Pavement construction D/S D/S D/S D/S D/S D/S Bridge construction D/S D/S D/S D/S D/S D/S D/S D/S Culverts & Site drains D/S D/S D/S D/S D/S D/S D/S Earthworks D/L D/L D/S D/S D/L D/S D/S D/S D/S D/S D/S Removal of Trees D/L D/L D/L D/L D/L D/S D/S Relocation of Services D/S D/S D/S Increased traffic D/L D/L D/L D/L D/L Road maintenance D/S D/S D/S D/S D/S D/S
Potential Low/Medium D = Direct Impact S = Short-term Impact Potential Positive Impact Potential High Impact Impact
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5.2 Positive Impacts 80. Social benefits: These include (1) Improvement of the economic conditions of beneficiary households; (2) Increase household income and hence, reduce poverty due to (a); potential commercialization of agricultural and non-agricultural production expected to increase in the areas; (b) The buyers can come to collect and buy local products in place with reasonable prices thanks to the improved condition of road; (3) Savings on labor, time and local materials for the beneficiary households from the frequent repair of the road particularly during the wet season; (4) Increased empowerment of ethnic groups and women through their representation in other committees that will be established through the project implementation and project activities. 81. Individual households (HH) benefits: Benificiary households and local people are expected to save time spent to access public services such as health centres, high schools, banks, agricultural technical service centre located in the district and provincial towns. The road users could also benefit from improved access to economic domains as they would transport their agricultural and non-agricultural products (such as cassava, rice, maize, cardamom, jobs tea, galangal, ground nuts and variety of vegetables, non-timber products and animals products) to the districts and the provinces market. Their children also can come back from school in the same day or more quickly to help parent do domestic works due to improved condition of the road. They also can use tracks, bikes or carts to carry to the local markets. All those positive impacts mentioned will contrinute HHs imporved livelihood and income to finance education for children and HH member health care. 82. In addition, the Project will also support community engagement in road operations and maintenance (O&M) through: (i) establishment and capability development of a road maintenance group that will be responsible for the rehabilitated/improved road system; (ii) collection of funds for the road O&M; (iii) improved management of the road maintenance; and (iv) institutionalized grievance redress mechanism into GoL system. During the consultation, all the participants agreed that the road upgraded is their dream. They all support this project for many positive reasons such as the new and standard road will show a good image of the community as well as the country, better road equals to better transportation, possibly reduces the issues of road accident and better road safety conditions. 83. Results from consultations suggested that the local authorities and communities, including ethnic groups and women, along the project areas expressed full support for the implementation of the road maintenance. Their high expectation is that the road works will happen soon. The communities suggested that additional consultation should be made during the preparation of the detailed design to ensure that their views and expectations are considered. They expressed their commitment to supporting sub-project implementation by: 1) participation in road sub-project preparation, detailed design; and 2) monitoring the implementation of environment and social management plan by the contractor.
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5.3 Negative Impacts and Proposed Mitigation Measures
84. Overall. Road rehabilitation works may disrupt the communities in the vicinity of the right of way as there are expected to be an influx of workers, increased traffic of heavy machines and possible conflicts with the local population. Consultations with communities suggested that key concerns are increase in dust, noise, wastes, local traffic, road safety, and nuisance during rehabilitation and road safety during operations. The negative impacts during road rehabilitation will be short-term, localized, and can be mitigated through the application of specific requirements identified in this ESMP. Below briefly discusses the key issues and proposed measures to mitigate the protential risks and negative impacts of the proposed Project during preconstruction, construction, and operations phases while additional details are provided in Attachments 5 to 9. Results from the assessment suggested that most of the potential negative impacts are considered direct and shor term with some risk on long term impacts on land use, socio-economic, and noise/vibration. This confirms the application of the key issues and mitigations as defined in ESMF (see Attachment 5). Key issues and mitigation measures are discussed below. (a) Potentital negative impacts during preconstruction phase 85. The proposed works to be financed under the project will be carried on existing road and may involve minor realignments and insignificant expansion where neccesary and where resettlement impacts and land acquisition are either unanticipated or minimal. The impacts will include small land acquisition and compensation of existing and encroaching structures and economic activities being conducted in the ROW announced before or after the original National Road Law, 1996 and some ethnic group minority groups. Preparation and implementation of RAP/ARAP and EGEP will be carried out to address and mitigate potential negative impacts and they can be highlighted as follows:
Land Acquisition: The proposed impacts from the works will mainly be within the existing right of way but will still require land acquisition of private and government land which will be confirmed by the survey team. A more detailed measurement survey (DMS) will be conducted following the finalization of the detailed design. Efforts have been made to reduce the width of the Corridor of Impacts (COIs) to minimize impacts. In addition, and as part of the project’s resettlement strategy, affected households (AHs) will be provided sufficient time to rebuild their homes and shops prior to the commencement of civil works, aside from being able to continue with their present livelihood activities even during project implementation. An Abriviated Resettlement Action Plan (RAP) has been prepared and the affected households (PAHs) have been informed. Please refer to ARAPs of Package 1, 2 and 3for more details.
Ethnic Group: As this project work will likely have an impact on minority enthic group (EG) such as Khmu and Hmong. Khmu are found in six Project villages in Thaphabath, four villages in Paksan and six villages in Pakkading while Hmong
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communities have been integrated in several Project villages such as in Ban Nam Ngiep in Paksan District and Ban Thongnamy is dominated by a Hmong community. An EGDP will be prepared by EDPD/PTRI. Main common negative impacts of all ethnic groups discussed when road has been maintained and during construction period under other road maintenance and improvement projects include (i) increased human and animals road accident; (ii) loss of assets (land and crops); (iii) health hazards such as: (a) dust and noise pollution; (b) potential to increase human and animals’ diseases (c) possible to get danger from construction material storage and construction sites; (d) poor sanitation and hygiene from poor waste disposal/ management which will be health related; (iv) social problems due to (a) beer shops expected to increase while ethnic groups met lack of basic knowledge on HIV/AIDS/STI prevention and protection; (b) possible to increase illegal trades as Amphetamine, thief, trafficking of the young people to sell their labours in towns. Road works may disrupt the communities in the vicinity of the right of way as an influx of workers is expected, increased traffic of heavy machinery and possible conflicts with the local community. (b) Potential negative impacts during construction phase 86. Potential negative impacts of the proposed road improvement and rehabilitation activities on local communities and local environment will be limited to road safety, temporary disruptions of local traffic, and limited impacts on air quality, noise and vibration, and change of flooding patterns. These impacts will be short-term, localized, and can be mitigated through the application of specific requirements identified in this ESMP as described in the site-specific mitigation measures identified in the Alignment Sheet and the implementation of ESCOP and COC on GBV/VAC by contractors with close supervision and monitoring of DPWT, PONRE, and local communities. 87. As suggested in Attachment 5, key negative impacts during the proposed rehabilitation works will include, but not limited to, the following activities: (i) establishment and operation of worker camps, including disposal of waste generated from the camp; (ii) establishment and operation of construction materials and equipment yards and access roads, including access tracks/haulage routs; (iii) workers safety and hygienic conditions including hiring skilled workers from outside of the locality and other social issues due to workers; (iv) water for staff and workers consumption and construction, including interruption of water supply; (v) storage of hazardous materials (including wastes); and (vi) other typical construction activities such as handling of fuels, oil spill and lubricants, cutting of trees in the right of way, excavation of drainage channels, disposal of excavated material, loss of fertile soil and vegetation and impacts on natural vegetation and embankment erosion along the watercourse, dust and smoke emissions, noise pollution, excavation of borrow areas, rehabilitation of borrow pits, encountering archaeological sites during earth works, aesthetic/scenic quality, etc. 88. To mitigate these impacts and facilitate effective implementation, the Project ESMP was prepared by identifying key issues, proposed mitigation measures, and monitoring indicator as well as in the form of an Alignment Sheet (AS) identifying works activities
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that can generate negative impacts and they will be applied during the bidding process and preparation and approval of the contractor-ESMP (C-ESMP) (see Attachment 5). In addition, the ESCOP (Attachment 6) identify actions to reduce impacts due to typical works such as generation of dust, noise, vibration, safety, waste, and social aspect including “chance finds procedure” and environmental, social, health, and safety (ESHS) while the COC on GBV and VAC (Attachment 7) provide guidance on management of worker behaviour to avoid gender-based violence and violence against children in compliance with the guidelines provided in the ESMF. 89. The contractors will be required to (a) provide adequate information on the rehabilitation period and contact person in case local community want to complain, (b) pay particular attention on reduce road safety risks during rehabilitation and adequate signs/information will be provided in critical area where high risks are anticipated (see Attachment 2b), (c) conduct/maintain a 2-weekly meeting with local communities to explain the rehabilitation plan/activities, and provide temporary crossing facilities to ensure continued accessibility. These mitigation measures will be included in the bidding document (BD) and contract document (CD) for the Project Road. The BD/CD will also require the bidder to submit a strategy and plan to implement these measures9 while the contractor (the one who won the bid) will be required to prepare and submit their contractor-ESMP (C-ESMP) as soon as they are on board (within 28 days after the contract is awared). The construction supervision consultant (CSC) and field engineer (FE) will be required to approve the C- ESMP and supervise its implementation on a regular basis. DPWTs and local authorities will be required to monitor the C-ESMP and other ESS activities (ARAP/RAP and EGEP) on monthly basis while EDPD/PTRI will conduct 6-month monitoring and submit the ESS monitoring report to WB. 90. For the OPBRC Package 1 (KM71 to KM111) to be financed by IDA, the Alignment Sheet to be applied is provided in Attachment 5 (Table A5.2) and this requirement will be included in the BD/CD of the Package 1. 91. Consultation with local community and implementaiton of grievance redress mechanism (GRM) will also be required. The consultation with local community was carried in August and November 2019 and the result is presented in the Section 7. During construction, contractor will be required to regularly conduct consultation with local community and report to DPWT as monthly basic. The contractor will also be required to establish and implemented a GRM system. Monitoring and reporting of contractor performance on the GRM implementation and tracking forms (Attachments 8 and 9) will be provided in the ESS monitoring report. Grievance related to safeguard issues from ethnic groups that result from subproject activities will be resolved by the Grievance Redress Committee (GRC), however, the complainant also retains the right to bypass this procedure and can address a grievance directly to the EDPD/PTRI Office or the National Assembly, as provided for by law in Lao PDR. At each level grievance details, discussions, and outcomes will be recorded in a grievance logbook. The status of
9 This is referred to the EHSH-MSIP in the BD
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submitted grievances and grievance redress will be reported to Project Manager through the monthly report. 92. The potential impacts on flooding during construction may include localized flooding and/or road way flooding, and these can be mitigated as follows: Mitigation for localised flooding: Drainage close to residential areas to be re- routed to appropriate existing drainage infrastructure and / or natural water course that can adequately deal with flows; Implementation of temporary flood control measures during the construction phase to safeguard from any unpredicted rainfall events; and Flood mapping to be completed to assist with the production of inundation maps for localised area and consequently used for urban planning. Mitigation for roadway flooding: Stormwater drainage and channels will need to be adequately designed to be able to adequately control flow on a regular basis. This is particularly relevant for urban catchments which, modelling suggests, exhibit a ‘peaky’ response due to the high levels of impermeable surfaces. New drainage infrastructure should be integrated with existing drainage where possible; Stormwater drainage and channels will need to be regularly cleared of rubbish and other debris; Construction of overflow drainage systems to adequately deal with irregular high rainfall events. Mitigation for flow alteration: Ensure adequate drainage measures are implemented to approximate natural flow including temporary construction access roads and especially for sections of the road crossing wetlands (box culverts or viaducts recommended); Ensure temporary construction access roads that are no longer required are removed in a timely manner; Phased-construction in flow sensitive areas such as wetlands to minimise flow disturbance; and Plan construction over flow sensitive areas during low flow to minimise flow disturbance. (c) Potential impacts during road operations and maintenance phase 93. Potential negative impacts during O&M phase will mainly focus on increasing risks on road safety and increasing noise, vibration, and traffic density due to an increase in vehicles traffic and driving speeds as well as on potential change of flooding pattern after completion of the rehabilitation works. However, improving climate resilience and flooding and road safety are the main objectives of the proposed Project and the interventions have been designed to meet the best feasible options to be implemented under the Project. Nonetheless, to futher mitigate the potential negative impacts on road safety risk and the change of flooding patern, additional efforts will be made and the key impacts and mitigation measures can be discussed below. 94. Mitigating potential risk on road safety during operations. MPWT through the Department of Transport (DOT) and the DPWTs is making efforts to improve road safety and improve asset management (through performance-based maintenance) of the road networks in Lao PDR. For the NR13S Project, as part of safeguard capacity building, EDPD/PTRI will make an effort to provide knowledge and support to DPWT of BKX to enhance their capacity on road safety at community level and ensure proper road rehabilitation including clear vegetation within the Corridor of Impact. In addition, efforts will also be made to conduct road safety campaige and pilot activities to promote
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knowledge and understanding of local road users on road safety regulations and good practices as well as to encourage active participation of local community especially children and women in the road safety activities in area near schools and hospitals located along the NR13S. During Project preparation in late 2019 a survey was made on traffic and road safety assessment and recommendations were provided (see Section 5.4). 95. Mitigating risk due to change of local flooding pattern. Despite the Project benefits of addressing flooding and specific interventions in specific locations, the new road surfaces for NR13S, road adjustment, and increasing embankment elevation in some areas may increase impervious surfaces and create some changes on flooding pattern along the road embankment. Roads maximise runoff generation during rainfall and introduce high flow velocities and significant flow accumulations at exit channels and culverts. These exit channel and culverts will direct the increased runoff into existing and/or new watercourses and potentially will alter the flow and pathways of natural origins. This is particularly relevant to wetland areas in sections that pass through Thaphabath and Paksan Districts. This increase can also have the capacity to transport debris and waste towards the channels and culverts, leading to blockages that can eventually result in the roadway flooding in other areas. The roadway flooding would potentially cause disruptions to the daily operations of many communities that would rely on the NR13S. Additionally, any infrastructure within the ROW may potentially be exposed to the large volume of water causing possible destruction. 96. To mitigate the potential impacts during operations phase, the following measures should be considered during detailed design of the Project: Stormwater drainage and channels will need to be adequately designed to be able to adequately control flow on a regular basis. This is particularly relevant for urban catchments which, modelling suggests, exhibit a ‘peaky’ response due to the high levels of impermeable surfaces. New drainage infrastructure should be integrated with existing drainage where possible. Stormwater drainage and channels will need to be regularly cleared of rubbish and other debris. Flow alteration: Construction of overflow drainage systems to adequately deal with irregular high rainfall events. Ensure that drainage infrastructure is regularly inspected and well maintained (cleared of blockages that may occur).
5.4 Safety Risk Assessment
97. In order to facilitate the assessment of present and future traffic demands, for the development of need-based infrastructure accurate information and continuous monitoring of traffic by appropriate methods is necessary. This traffic survey was therefore implemented to ensure that sufficient and appropriate data is available to undertake necessary planning, design, construction and maintenance of the NR13 South, which is aimed at meeting the prevailing traffic flow, future traffic growth and loading without considerable deterioration in the quality of service.
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98. A comprehensive traffic survey was conducted manually in six locations for NR13S Project. All surveys were implemented for three consecutive days from 6:00am – 6:00am of the following day by the design consultant (LTEC) which comprised of two supervisors and 18 enumerators. The traffic flow data collection team stood by the roadside at appropriate straight road section, counting and classifying the vehicles as they passed. The survey recorded all vehicles moving in one particular direction (southbound and northbound). The survey started from 29th October to 16th November 2019 with the use of field forms, photos, and other survey equipment. Results are presented in Attachement 2a (Traffic Survey Results). Table 5-2: Location of Traffic Survey
No. Chainage Description of Location Survey Time Day Tha Bok Bridge Straight 1 Km 92+218 6:00AM – 6:00 AM 3 Day Line 1 Nam Ngiep Bridge Straight 2 Km 140+162 6:00AM – 6:00 AM 3 Day Line 2 Nam Kading Bridge 3 Km 189+040 6:00AM – 6:00 AM 3 Day Straight Line 3 Nam Thone Bridge Straight 4 Km 239+700 6:00AM – 6:00 AM 3 Day Line 4 Nam Hinboun Bridge 5 Km 280+400 6:00AM – 6:00 AM 3 Day Straight Line 5 6 Km 346+000 Thakhek Straight Line 6 6:00AM – 6:00 AM 3 Day
99. Manual traffic flow count was categorized by a visual assessment of the vehicle size and configuration of axles. This traffic flow data collection however, classified vehicles into 11 categories based on the local and country traffic context as follow: Bicycle; Hand tractor; Motorcycle; Tuk Tuk, Jumbo; Car, taxi, jeep; Pick up, van; Minibus; Medium truck and bus; Heavy truck & bus; Light truck; and Trailer. 100. Safety Risk Assessment was also conducted by LTEC and 25 risk points were identified. Preventive measures/recommendations to each risk points were also identified (see Attachment 2b (Safety Risk Assessment).
5.5 Site Regulations and Safety
101. The Employer and the Contractor shall establish Site regulations setting out the rules to be observed in the execution of the Contract at the Site and shall comply therewith. The Contractor shall prepare and submit to the Employer, with a copy to the Project Manager, proposed Site regulations for the Employer’s approval, which approval shall not be unreasonably withheld. 102. Such Site regulations shall include, but shall not be limited to, rules in respect of security, safety, traffic control, accident response, gate control, sanitation, medical care, and fire prevention.
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5.6 Management of Construction Materials
103. The Project road is predominantly located on existing alignment and substantial sections of the first quarter of the alignment will be built using embankments over swamp and soft ground. Considerable amounts of borrow materials will therefore be needed to improve the swamp ground, including replacement of swamp deposits with rock fill, and in areas of embankment to attain the appropriate height of earthworks on which to form the required road grade. Capping layers may also be required to achieve a uniform roadbed support. The materials required to be sourced locally for road construction include:
► Natural granular material for possible application as subbase;
► Borrow materials for embankment fill (typically obtained from nearby NR13 South alignment but from private owned/operate borrow areas in some cases);
► Quarry stone for production of aggregates for asphalt, crushed stone base, concrete and masonry works; and
► Sand for concrete and mortar. 104. The possible sources of construction material were previously analysed for sections of the alignment. Attachment 1c shows locations of the material sources for sand, gravel, borrow pits, and quarries. It is expected that these sites will supply source materials to the closest section of the alignment to minimise the impact of transporting materials. 105. The excavation of material from all sites has the potential to impact on the local environment of the sites and the proposed alignment. This is highly dependent on the methods used to excavate the material such as blasting, drilling and crushing and the transportation and stockpiling of material along the proposed alignment. The potential impacts of material excavation include:
► Potential UXO risk;
► Exposure of soil that has the potential to lead to increased erosion and discharge of sediment into waterways;
► Exposed faces and slopes that may be at risk of landslide or collapse;
► The dewatering of some areas within source sites has potential to impact on flow activation of potential plumes;
► Discharge of effluents from aggregate washing and crushing has potential to impact on water quality; and
► Increased noise, dust and vibrations in the local area surrounding the source sites. 106. It is recommended that prior to any borrow materials, quarry stone and sand, a quick assessment is undertaken for each site to ensure that UXO risk and impacts on local community and local environment are low and appropriate actions will be made by contractor to mitigate these risks/impacts. Optaining approval letter from local authorities is required before utilization of each site. Each site should have a clear plan for mitigation of erosion and/or sedimentation measures including construction of drainage controls and sedimentation ponds, daily deployment and maintenance of sediment control devices such as silt fences and jute netting, and planning of quarrying operations to minimise long-term
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exposure of erosive materials. It is expected that each quarry will also have a rehabilitation plan for the closure of the site after the sourcing of materials.
5.7 Management of Contractor
5.7.1 Site Clearance 107. Site Clearance in Course of Execution: In the course of carrying out the Contract, the Contractor shall keep the Site reasonably free from all unnecessary obstruction, store or remove any surplus materials, clear away any wreckage, rubbish or temporary works from the Site, and remove any Contractor’s Equipment no longer required for execution of the Contract. 108. Clearance of Site after Completion: After Completion of all parts of the Works and Services, the Contractor shall clear away and remove all wreckage, rubbish and debris of any kind from the Site, and shall leave the Site and the Road clean and safe.
5.7.2 Key ESS Requirements 109. Since this is a 10-year OPBRC, the contractors will be responsible for implementation of the mitigation measure during the first 2-3 year contruction phase as well as the following 7-8 year operations and maintenance (O&M) while the construction supervision consultant (CSC) and/or field engineer will be responsible for approval and day-to-day monitoring of the C-ESMP implementation and ensure compliance. The implementation cost of the C-ESMP will be part of the OPBRC cost while that for RAP and EGEP will be financed by GOL. The ESS requirements described in this ESMP10 as well as GOL requirements/ conditions during approval of the Initial Impacts Examination (IEE) and issuance of the Environment and Compliance Certificate (ECC) will be considered during the prepration and approval of the C-ESMP and its subplans. (a) ESS Requirements before commencement of construction 110. Before construction begins at each Project site, all the following requirements will be completed, checked and approved by DWPT, PONRE and EDPD/PTRI: Submission and approval of Contractor Environmental and Social Management Plan (C-ESMP) with adequate measures to mitigate potential negative impacts due to the rehabiltitation/mainteaince activities including those related to environmental, social, health, and safety including those related to occupartional and community health and safety and worker behaviors. The C-ESMP will be prepared in line with the site- specific ESMP developed for the Project (see Attachemnt 5a) by the Contractor within 28 days after contract awarded and it will be reviewed and approved by DPWT and/or the supervision consultant and/or Field Engeneers. The approved C- ESMP will be submitted to EDPD/PTRI.
10 Attachment 2b (road safety), Attachment 5 (issues and mitigation and the Alignment Sheet, Attachement 6 (ESCOP), Attachment 7 (COC), Attachment 8 (accident report form), Attachment 9 (GRM), and Attachment 10 (community concerns).
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Recruitment of key ESS staff of the contractor to be responsible for environmental, social and safety aspects. Establishment of worker camps with quality health services and sanitary equipment and all required supporting facilities and workshop/material storage area in comply with section on Labor Management, Worker Camp and Storage Area below (Section 5.6.2). Worker camps and storage areas will be checked and approved by DPWT and PONRE before moving or utilization of the area. Worker camp management plan may be included in Labor Management Plan. Development of Code of Conducts (COC) and Company Project Rules regarding health and safety of workers and local communities to prevent and address potential risks and issues associated with possible labor influx including SEA, GBV and VAC, Development. The contractor will provide training to all contractor project staffs and workers. Code of Conducts and Company Project Rules will be signed and stamped by company management team and all staffs and workers. Attachements 6 and 7 provide guidance on ESCOP and COC on GBV/VAC. COC and Company Project Rules may form part of the Labor Management Plan. Provision of a list of Contractor’s key staff, engineers, and worker to be working on site. The information will be included, but not limited to, personal data, criminal check and health data to ensure that all employees are free of the following diseases: liver cancer and STDs of the following information: names and surnames, ages, address (village, district, province, contact details, status (single, married), health (good), family information (number of children, name of wife, address and contact details) and among others. The list of employees will need to be attached in C-ESMP and distribute to all project affected communities/villages. Consultation with affected communities/villages on project activities, risks/impacts, prevention and mitigation measures and other community health and safety information. Submission of consultation report to DWPT and EDPD/PTRI with list of participation and minutes of consultation. 111. The Contractor will also install signaling of works, ensure no blockage of access to households during construction and/or provide alternative access, provide footbridges and access of neighbors and endure construction of proper drainage on the site. All measures that are identified in the Safety Risk Assessment including, but not limited to, the followings:
► Project sign board will be installed at the beginning and the end sections of the Project.
► Speed limit signs will be installed at both edges of village, communities, schools, hospitals and other sensitive areas with speed limit between 20-25km/hr;
► Speed limit and caution signs at both edges of each active construction area;
► Install signs indicating way to work camps, borrow pits, quarries, etc.,
► Bypass signs, reflection, etc.,
► Ensuring that local communities are active involve in the planning and installation of these signs and help preventing damages and/or loss as much as possible.
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112. The Contractor will also be required to prepare a plan on occupational and community health and safety (C-OCHSP) and complete at least one training for all contractor staff and workers working for the Project with records of any training and induction. Periodic and follow-up training will be conducted at least 1 time in every 3 months. (b) ESS Requirements during Construction Phase: 113. The Contractor will be required to implement all measures identified in the C-ESMP, Alignment Sheet, and C-OCHSP. The Contractor will also manage all activities in compliance with laws, rules and other permits related to site construction regulations (what is allowed and not allowed on work sites) and will protect public properties. Degradation and demolition of private properties will be avoided. Paying compensation to damage to the public facilities and/or private property will be required. The Contractor will inform PMU of the Project and DPWT on issue and/or damages that may unexpectedly occur. 114. As part of ESCOP, the Contractor is responsible for protection of local environment against dust, air, noise, vibration, exhaust fuels and oils, and other solid wastes generated from the work sites. The Contractor will manage waste properly and do not burn them on site and will also provide proper storage for construction materials, organize parking and displacements of machines in the site. Used oil and construction waste materials must be appropriately disposed off and adequate waste disposal and sanitation services will be provided at the construction site next to the generated areas. In order to protect soil, surface and ground water the Contractor will avoid any wastewater discharge, oil spill and discharge of any type of pollutants on soils, in surface or ground waters, in sewers and drainage ditches. Compensation measures may be required. 115. The Contractor is required to comply with Occupational and Community Health and Safety Plan (OCHSP) as one of main part of overall ESHS requirements. The Contractor is encouraged to hire local labors including community and female wokers to extent possible. Where local labors are not adequately available in the sub-project sites, labor or camp site management plan and is required to be prepared and implemented and monitored potential external labor influx and associated risks including SEA, GBV and VAC. Code of Conducts (COC) and Company Project Rules regarding health and safety of workers and local communities will be applied by the contrcators and their sub- contrctors and workers to be hired under the porejct to mange the risks anticipated. 116. The Contractor will also be responsible for maintaining good hygiene, safety, and social welfare security of the work sites, including protection of and health and safety of staff and workers. The Contractor will prevent standing water in open construction pits, quarries or fill areas to avoid potential contamination of the water table and the development of a habitat for disease-carrying vectors and insects. Safe and sustainable construction materials and construction method should be used. 117. The Contractor will use a quarry of materials according to the regulations and compensate by planting of trees in case of deforestation or tree felling. When possible, the Contractor should develop maintenance and reclamation plans, protect soil surfaces during
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construction and re-vegetate or physically stabilize eligible surfaces, preserve existing fauna and flora and preserve natural habitats along streams, steep slopes, and ecologically sensitive areas. 118. During construction, the Contractor will specifically take serious actions on the following: To control dust by using water or through other means and the construction site will be cleaned on a daily basis; To work with local authority and management local traffic effectively and ensure traffic access of road safety of local residents and road users during the works. Speed limit at work sites and community area will be applied to all vehicles and cars. All vehicles and their drivers must be identified and registered, and the drivers are properly trained; To respect the cultural sites, ensure security and privacy of women and households in close proximity to the camps and the use of asbestos contraining materials is not allowed; To conduct daily monitoring and inspection of construction activities to ensure environmental and social impacts are managed and mitigated appropriately in local communities. These potential impacts include wastes, discharge, dust, community health and safety, OCHS, construction waste contaminated on private land, social issues and social security, etc.; To implement and maintain a good community-relations in comply with requirements in the section on Community Relation below; and To comply with Non-compliance Reporting Procedures as specified in the section below. 119. The Contrctor will also be required to submit the Contractor ESS monitoring report to DPWT and PONRE (with a copy to EDPD/PTRI) on every 25th of each month. The report can be submitted electronically as agreed. (c) ESS Requirements during Project-Site Closure 120. Before each Project site is considered completed, the following actions will be undertaken: Clean up all wastes and disruption and removal of construction equipment, construction waste and general wastes from the Project ROW and all location used by the Project during construction such as worker camps, parking bays, and storage areas, borrow pits, quarries and ancillary facilities. Stabilize all borrow pits or implement all agreed measures in accordance with agreements stipulated in minutes or documents signed between the Contractor and landowners. If needed, signing of a handover documents for borrow pits will be required. Stabilize and/or rehabilitate all project sites to ensure community safety and erosion control.
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Together with DPWT and PONRE, provide training on road safety to all affected community. All training shall be recorded and affected communities shall sign the training received sheet. Submission of ESS Site Closure Report to DPWT and PTRI/EDPD one month before project completion inspection.
5.7.3 Labor Management, Worker Camp and Storage Area 121. On this aspect, the following, but not limited to, actions will be considered: The Worker Camp and workshop storage area will be located on areas far enough from water points, houses and sensitive areas in consultation with the community and the subproject owner. Worker camps shall not be located within 500 meters of any sensitive receptors, urban area and at least 200 meters from any surface water course and not within 2 kilometers of a protected area. Worker camps, cooking facilities, and toilets will be provided with roofs, walls and wooden floors or paved with concrete while the camp yards and storage can be compacted or paved with gravels. If possible, the worker camps should be fenced and provided with entrance gates to prevent unauthorized entry. In addition, the worker camps will be provided with storm water drainage system around the camp facilities to prevent flooding, mud, erosion and sediment transport to natural environment. Worker camps will be provided with basic facilities and utilities including but not limited to: office, notice boards and regulations of the company and about the Project, beds, mosquito nets, blankets, clean drinking water and safe portable water, sufficient waste bins, first aid kits and necessary medicines, fire extinguishers, etc. For bathing and toilets, the Contractor will ensure that )1(separate toilets for males and females and sewage and wastewater will be retained in sediment pond(s); (2) Toilet chambers will be designed appropriately to be able to treat sludge and sewage prior to discharge to closed retention ponds without exposure to vectors and/or diseases; (3) building of toilet rooms, sewage chambers and retention ponds will be away from natural water bodies, streams, and wetland areas. The floor of retention chambers will be above the aquifer layer. Material storage facilities and workshop will be in proximity or within work camp area with fences, compacted ground or paved with gravel and drainage system. Hazardous material storage area will be provided with roof, walls and concrete floor and bunds, storm water drainage and oil traps. Engine oil change requires steel trays on the floor to prevent hydrocarbon spills on soils. If spill is found, immediate cleaning is required by collecting contaminated soil and to a temporary container and maintained in hazardous storage area.
5.7.4 Site Specific-ESMP (SS-ESMP) and C-ESMP 122. The Project ESMP provided in Attachement 5 will provide guidance for the preparation and approval of the C-ESMP in the form of an Alignment Sheet. Following the award of
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the contract and prior to construction commencing the Contractor will review the issues identified in the ESMP (Attachment 5) and develop detailed mitigation in the C-ESMP including identification of key persons who will be responsible for supervising the work within the Contractor’s team. Details can be presented in a series of site plans covering specific site or the whole section during construction phase as agreed with the supervision consultant and/or field engineer (CSC/FE). Priority plans will include, but not limited to, the followings:
► Waste Management and Recycling Plan;
► Site Clearance and Restoration Management Plan;
► General Construction Site Management Plan including spill and emergency response, chance find procedures, etc.;
► Labour Influx Management Plan which could cover Worker Camp Management Plan;
► Borrow Pit Management Plan;
► Environmental Quality Management Plan including noise and vibration;
► Occupational and Community Health and Safety Plan;
► Traffic Management Plan;
► and
► Monitoring and Reproting Plan. 123. These plans will be submitted and approved by the supervision consultant and/or Field Engineer prior to the Contractor taking possession of any work site. The approved C- ESMP and/or specific plans will be submitted to EDPD/PTRI for information. EDPD/PTRI will provide training to the Superviaion consultants, Field Engineer, and local authorties on the preparation of the C-ESMP and/or specific plans. 124. Attachment 5 Table A5.1 presents the key issues and mitigation measures to be considered during the prepration of C-ESMP to be applied to all packages while Table A5.2 provides guidance for the prepration of C-ESMP of the Project Package 1 to be financed by IDA (KM71-KM11). The Table A5.2 will be included in the BD/CD of the Project Package 1.
5.7.5 Non-Compliance Reporting Procedures 125. The Contractor and its subcontractors if any, must comply with the ESCOP. To ensure that necessary action has been undertaken and that steps to avoid adverse impacts and/or reoccurrence have been implemented, the Project Manager, the ESU/DPWT, and/or the Contractor must advise PMU/DOR, DPWT, EDPD/PTRI, and WB within 24 hours of any serious incidents of non-compliance with the ESCOP that may have serious consequence. In the event of working practices being deemed dangerous either by the subproject owners, the local authorities, or the other concerned agencies, immediate remedial action must be taken by the Contractors. The Contractor must keep records of any incidents and any ameliorative action taken. The records of non-compliance that could be practically addressed (not cause serious impacts) will be reported to PMU/DOR and DPWT with a copy to EDPD/PTRI on a monthly basis.
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126. The Contractor will be responsible for dealing with any reports/grievance forwarded by the project investment owner, Police or other agencies (by following instruction from the project investment owner representative as appropriate) as soon as practicable, preferably within one hour but always within 24 hours of receipt by either the Contractor. The Project Manager/ESU will monitor and ensure that the Contractor has taken appropriate action. Where appropriate, approval remedial actions may require an agreement from the local authorities and/or other Government agencies. Procedures should be put in place to ensure, as far as is reasonably practical, that necessary actions can be undertaken to avoid recurrence and/or serious damage (see form in Attachment 8).
5.7.6 Community Relations 127. The Contractor will assign one community-relation personnel, who will be focused on engaging with the community to provide appropriate information and to be the first line of response to resolve issues of concern. Contractor will take reasonable steps to engage with residents of ethnic backgrounds and residents with disabilities (or other priority groups as appropriate), who may be differentially affected by construction impacts. 128. The Contractor will ensure that local residents nearby the construction sites will be informed in advance of works taking place, including the estimated duration. In the case of work required in response to an emergency, local residents shall be advised as soon as reasonably practicable that emergency work is taking place. Potentially affected residents will also be notified of the ‘Hotline’ number, which will operate during working hours. The “Hotline” will be maintained to handle enquiries regarding construction activities from the general public as well as to act as a first point of contact and information in the case of any emergency. All calls will be logged, together with the responses given and the callers' concerns action and a response provided promptly. The helpline will be widely advertised and displayed on site signboards. 129. The Contractor respond quickly to emergencies, complaints or other contacts made via the ‘Hotline’ or any other recognized means and liaise closely with the emergency services, local authority officers and other agencies (based on established contacts) who may be involved in incidents or emergency situations. 130. The Contractor will manage the work sites, work camps, and workers in a way that is acceptable to local residents and will not create any social impacts due to workers. Any construction workers, office staff, Contractor’s employees, or any other person related to the Project found violating the “prohibitions” activities listed in Section below may be subject to disciplinary actions that can range from a simple reprimand to termination of his/her employment depending on the seriousness of the violation.
5.7.7 Site Management and Monitoring 131. Following approval of the C-ESMP, the Contractor will be required to attend a series of meetings with the CSC and/or Field Engineers to ensure that all compliance conditions and procedures are clearly understood and actions can be implemented on the ground. As part of the day-to-day supervision of works, the ISWS consultant and CSC/Field Engineers are also responsible for day-to-day supervision and monitoring of compliance
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of the C-ESMP and report the results in the progress report. The provincial ESU implementation progress aThe Contractor will be responsible for ensuring that all sub- contractors abide by the conditions of the SS-ESMP.
5.7.8 Reporting 132. Contractors Reporting - The Contractor will prepare two levels of environmental reports: Weekly Environmental Checklists – These will be prepared weekly by the Contractor’s ESS management (ESSM) team and the checklist will be submitted to the CSC/Engineer on a weekly basis. EDPD/PTRI will provide a sample for the checklist. Monthly Summary Report - in respect of compliance with C-ESMP will be submitted to the PMU/DOR through the ISWS consultant CSC/Engineer. The report will, in line with the ESHS requirements as described in the BD Part II Section IX - Particular Conditions of Contract.
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6. GRIEVANCE REDRESS MECHANISM (GRM)
6.1 Introduction
133. A ‘Grievance Redress Mechanism’ (GRM) that helps record, assess, and resolve grievances and complaints during the implementation of a project in as efficient, effective, and transparent manner as possible is essential to the success of the project. A GRM will also inform the Government and donors/financiers of design and implementation changes that can be used to improve the systems, as well as helping to meet the ‘Citizen Engagement’ as requirements for WB financed projects. 134. The GRM is based on key principles that will protect the rights and interest of affected stakeholders, ensure that their concerns are addressed in a prompt and timely manner, and that entitlements are provided in accordance with GOL and WB ESS policies. The GRM has been included in the ESMF and the Project Operations Manual of the LRSP2-AF. The safeguards unit of Project Management Unit (ESU/PMU) will ensure that communities directly affected by the Project have a full understanding of the GRM and ways to access it especially on: (i) the concept of compensation for any involuntary acquisition of land and/or assets; and (ii) ensuring environmental and social mitigation measures in this ESMP’s are implemented as planned. 135. The GRM procedures to be followed for all subprojects have been translated into Lao language and it will be prepared in local language as needed so that they are easily accessible to all stakeholders and made available by the PMU. Information on the steps to be followed in handling grievances has been incorporated into the consultation process with local community. 136. The Project will use the ‘Grievance and Complaints Logging System’ (GCLS) which has been used on multiple WB projects to help ensuring that projects are implemented in accordance with appropriate environmental and social practices. Attachment 9 GRM (Monitoring Record Form). The GCLS will be used to record grievances and complaints on a central database, and then to monitor the progress until eventual resolution. It will provide the necessary data to meet the 'grievance redress' indicators. Specifically, it reports on:
► Grievances registered related to delivery of project benefits that are addressed (%);
► Grievances responded and/or resolved within the stipulated service standards (%);
► Project-supported organization(s) publishing periodic reports on GRM and how issues were resolved (including resolution rates) (Yes/No); and
► The figure below shows the business flow process for the GCLS as part of the GRM.
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Figure 6-1: GCLS process as part of the GRM
137. The GRM process will operate as follows:
► The EDPD/PTRI at the MPWT in Vientiane will host the GCLS.
► In each Project Province, the Environment and Social Unit (ESU) under the DPWT—who are responsible for monitoring contractors—will assemble records of all complaints, and supply them to the EDPD/PTRI either directly, or by entering into the GCLS.
► For each province, a ‘Grievance Redress Committee’ (GRC) will be established. The GRC will nominate a secretary who is responsible to monitor and facilitate resolution of complaints.
► The affected peoples (AP) (or his/her representative) may submit his/her complaint in a number of ways e.g. by written letter, phone, SMS messages and email to the GRC or, alternatively, raise his/her voice in a public or individual meeting with project staff.
► Grievances will be addressed at the village, district, province, and national level. A complainant also retains the right to bypass this procedure and can address a grievance directly to the EDPD/PTRI Office or the National and Provincial Assembly, as provided for by law in Lao PDR. At each level grievance details, discussions, and outcomes will be recorded in a grievance logbook, and the data provided to the GRC for recording in the GCLS. The status of grievances submitted, and grievance redress will be reported to DPWT management through the monthly reporting as generated by the GCLS. 138. The GRC will meet to try and resolve the matter at community level and make a recommendation within 7-10 working days from receipt of complaint. If there is no decision after 10 days, the AP can refer the complaint to the Director of DPWT in the province who will then address the complaint and respond to the complainant within 20 days.
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Local Resolution Measures
Solved End
If NOT Grievance Redress Committee (Project Level)
Solved in 10 End days?
If NOT
DPWT
Solved in End 20days?
If NOT
If still unresolved, APs may choose to exercise their right under Lao PDR law to refer the matter to a court of law.
Figure 6-2: GRM Process for the NR13 South Project
139. All submitted complaints and grievances will be entered into the GCLS within two working days of being received by the PMU and ESU/DPWT. Each complaint and grievance will be ranked, analyzed and monitored according to type, accessibility and degree of priority. The status of grievances submitted, and grievance redress will be reported by ESU/DPWT in collaboration with PMU. The GCLS web site will display data on resolution rates which will enable the communities to be kept informed of progress of resolution of grievances. Individuals will be notified within 5 working days of the status of their grievance once it has been addressed by the appropriate parties. 140. If not satisfied with the resolution, the APs may elevate the compliant directly to the EDPD/PTRI at the MPWT in Vientiane or via the Provincial Assembly. 141. The project will also establish user friendly and easily accessible means of communication such the hotline phone call, social media, WhatsApp or Facebook, if and where technologically feasible to facilitate efficient GRM process. GRM procedures and contact detail of reseponsible staff will be provided in a Project Information Leaflet (PIL) to be
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prepared and distributed to all project affected villages during the GRM training for village mediation communittees for their references.
6.2 Grievance Redress Service (GRS)
142. Communities and individuals who believe that they are adversely affected by a WB supported projects may submit complaints to this project-level grievance redress mechanism or 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 complaints to the WB’s independent Inspection Panel which determines whether harms occurred, or could occur, as a result of WB non-compliance with its policies and procedures. Complaints may be submitted at anytime after concerns have been brought directly to the WB’s attention, and Bank Management has been given an opportunity to respond. For information on how to submit complaints to the World Bank’s corporate Grievance Redress Service (GRS), please visit www.worldbank.org/grs. For information on how to submit complaints to the World Bank Inspection Panel, please visit www.inspectionpanel.org.
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7. COMMUNITY ENGAGEMENT AND CONSULTATION 143. The consultation on the draft ESMF, RPF, and EGEF were conducted in BKX during 15- 19 August 2019 and in KM during 20-21 August 2019. This is to inform the local communities, public, key agencies, and local civil society organizations about the objectives and scope of the NR13S Project, potential impacts (both positive and adverse) as well as the proposed mitigation measures to be incorporated into the ESMPs and the Alignment Sheets for the project. Information provided and discussed included project objective, description, and components, potential impacts (positive and negative), and the draft ESMF, RPF, and EGEF while the presentation was made in Lao language. Results suggest that most of the local agencies and local people located along NR13S in BKX and KM fully support the AF project and consider that the proposed ESMF is appropriate and can be applied on the ground. Summary of the Minutes of the consultation meetings conducted in August 2019 are provided in Attachment 10 while the key findings can be described in this section. 144. In BKX province, the the NR13 S passes through three districts namely Thapabad, Parksan and Parkading and 54 villages from 10-village groups to be potentially afefcetd by the project works were invited into the consultation meetings. There were 224 participants and 58 females. In KM, the road passes through two districts namely Thakhek and Hinboun and 37 villages from 8-village groups were invited into the consultation meetings. There were 118 participants and 30 females. The detail of the village group and number of participants are presented in Table 7-1. Table 7-1 Number of Participants
No District Village group Participated villages Participants Females BKX Province 54 villages 224 58 1 Thapabad 5 villages: Naxai, Xaixavang, Laoka, 23 10 Phonsan Nakaen and Pabadphonsun 6 villages: Seesomxai, Namlo, Yoyhai, 34 12 Thapabad Paktuay Nongkern, Parktuay and Vernthat 4 villages: Palai, Thabok, Phonsavanh 27 6 Thabok and Samakkeexay 2 6 villages: Hangxing, Kuayoudom, 21 6 Ssenoudom Namngieb and Huaysied 2 villages: Anousonxai and 11 2 Urban 2 Phonxaineau
Paksan 6 villages: Symungkhoun, Syvilay, 14 2 Urban 1 Myxay, Nachik, Sysaath and Phonsaath 8 villages: Phonsavang, Phonengarm, 29 5 Phonxaithai Thana, Hardxaikhoon, Parkkadun, Kengsdok and Phonxaitai
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No District Village group Participated villages Participants Females 3 4 villages: Nadeua, Nakeuanok, 19 4 Thongnamee Namkhou and Thongnamee 7 villages: Seansamlane, Paksa, 22 5 PakkadingNeua, Donexay, Pakkading Parkading Hadsaykham, Phonxay and Phonchalern 6 villages: Namsang, Viengkham, 24 6 Viengkham Namthon, Khonsong, Na In and Nalieng KM Province 37 Villages 118 30 4 8 villages: Phonthong, Khamkeo, 25 7 Sysomsuen, Phonsavang, Songhong, Hinboun Khamkeo Khamkeo, Nonghoi, Vanghaopa
Napho, 3 villages: 11 1 NaPho and Hinboun MaiNampakan, Nongbouanoy, Xaysomboun and
Hinboun 1 village: Phokham Hinboun 4 Paktuk villages: Phonsung, 31 8 Laukra and Huayhue, Danhy, Laurlung. Paktuk 4 Laukra villages: Viengthong, Phonsay, Laukra, Phonsaart 5 21 6 Thakuang- 8 Jomthong villages: Phonkhoun, NaNgeo Nonsavang, NaNgeo, Nakok, Namdon, Phonsoung, Maiphonsy and
NaYavay Thakhek 30 8 7 Jomthong villages: Phonsytha, Jomthong and Syvilay, Phonsaart, Viengvilay, Nadon Suksavanh, Phonphim, Donmuang 2 Nadon villages: Nabuam, Nadon. Total Two Provinces 91 villages 342 88
7.1 Potential risks and negative impacts 145. Common negative impacts discussed during the consultation meetings were: dust, rubbish, road accident and compensation/relocation issues as a result from road construction. In terms of the dust impact, the participants were aware that it is a common issue during road construction and many of the road construction projects did not have effective solutions to address this issue based on their experiences. The rubbish issues were also experienced by local communities. They explained that many of the road construction projects likely to
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leave their unused materials in local communities during and/or after the completion of the construction and those materials become rubbish in the communities. Additionally, many female participants claimed that apart from leaving unused materials, rubbish also come from workers during the construction. Sometimes construction workers do not manage their rubbish and throw it in public. 146. Regarding the road accident, based on experiences of the local communities, accidents frequently happened during the road construction period because of inconvenient transportation and ineffective road safety measures in place. Villagers elaborated this point by that many road construction projects were not paying attention to the road accident and the accident issue is like something happening as usual. Sometimes, there were no warning signs that road users need to be aware of and be careful if there is construction in front or there are some holes and ditches excavated on the road, some villagers added. 147. Regarding the noise and dust issues, the participants explained that sometimes the construction took place during the days and nights so villagers’ free time or relax time were disturbed and taken. The villagers hope that the project will have some mitigation strategies to deal with these issues. 148. The compensation issue was popular topic. Concerns were raised whether or not those house/s, restaurants or/and other business activities along the NR13S to be likely affected by the project will be compensated prior to the work and how compensation will be paid? For example, some villagers added whether the affcetd people and their assets lost will be compensated at the same or higher prices (replacement value). Some others further raised a concern of house broken during the construction because of heavy trucks and/or road compact using heavy machines. This could be an issue on whether and how the broken houses and structures will be compensated. 149. Gender perspective on compensation issues: Different views on gender roles and men and women participations in the project preparation and implementation were discussed during the consultation. Many the female and male interviewees argued that women have more power when talking about financial control and the final decision making. We can say it is equal but in practice women have more power regarding the finance management, many men added. A lady participant said, I agreed women have more power because men are not good at the financial management. When compensation comes, women will take charge to claim money, a man added. However, some others feel that the final decision is jointly made by both husband and wife. Both husband and wife have equal roles and so they share equal responsibilities. Their roles and responsibilities are interchangeable in practice depending on their ability and availability, villagers added. 150. Despite the fact that all of the participants are aware that 25 meters of both side of the NR13S has been announced and reminded by the government as conservative area (righ of way) since 1996 when the original Road Law was launched, some villagers argued that many villagers established their house/s before the 1996 so they should be compensated on an exeptional basis. Villagers claimed that those who have encroached and expanded their restaurants or houses to right of way after the 1996, they should not claim for compensation. This view was supported by many participants.
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7.2 Proposed Mitigation Measures and Actions 151. Overall, both females and males shared similar mitigation measures. Regarding the dust and noise, regular spraying water during the construction is suggested in order to minimize the dust issue. In terms of compensation, the participants suggested that the project committees should come and closely consult with local authorities and affected households and agreement between parties should be made at the local level, villagers claimed. Both project and local communities should be able to reach an agreement of what and how both parties can contribute to the project development, participants added. Once an agreement is established, the parties must stick to it. Some other village interviewees claimed that livelihood restoration is also essential mitigation, particularly those affected families. 152. Mitigation measures were discussed. In terms of road accident, having signal signs/banners posted on the road with wordings saying ‘there is constructing in 100 m or more, please reducing speed to 30 km/h) during the construction is needed. Some villagers using their old experiences to explain the fact that sometimes the signal signs were already existing but they were removed or destroyed by road users so the project needs to pay more attention to check regularly in order to avoid or minimize the road accident issue. Stick on action plans and timeframe were further recommended. The participants claimed that it is important to stick on the schedule and villagers should be regularly informed if any changing occurred during the construction. 153. The perception on the disaster issues and mitigation measures: The disaster issue is related flooding and many local communities have been facing. The flooding was considered from two main causes: The first is because of raise of the Mekong River and the mall rivers in the local communities, particularly during the rainy season. Recommended mitigation measures to address this issue are to establish a center for responding the flooding. The refugee center with supporting facilities and necessary assistance equipment should be constructed (such as boats, trucks and communication tools, toilet and kitchen in those places; water rescue unit and ambulance) make sure that villagers can access to these facilities. While having a center is considerably important, many other participants in the group discussion suggested to renovate current existing facilities in local public buildings such as schools, village office or temples and these places can be used during and after flooding issues. Some villages suggested building water gate that can be closed and opened in different seasons, which can solve the flooding issue. Secondly, others claimed that the flooding is because of having small drainage pipes. By having bigger drainage pipes or having a bridge for some cases, it would help the flow of rain water, villagers argued. 154. Looking at specific gender perception, the suggested mitigation measures by males are more related to creating a temporary road during the construction of the main road (if it is possible). Males also proposed to have signal signs close to the construction areas, specific posters with road conditions should be posted before and on the construction area. Additionally, signal lights or posters in curve areas and drainage ways are also suggested. For females, frequent recommended mitigation is to create pedestrian in the school areas
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or even building a small bridge across the road sides and drains excavated to ensure continued and safe access to their houses and businesses. The costs for building and installing these acess and crossing facilties will be included in the BOQ of bidding documents and work contracts. 155. An effective collaboration with different stakeholders (villagers/affected households, local and government authorities, project owners and donors) was strongly suggested by the discussion groups. The participants believe that the project owner is someone who has power to control budget plans and activities. Therefore, a project coordinator should be assigned to be the key contact person working along these diverse beneficiary actors. 156. Recommendations are summarized as below:
► Compensation issues: The recommendations for this issue are (i) early establishment of a resettlement and compensation committee with sufficient budget to implement their works, (ii) the compensation should be acceptable and transparent, (iii) the compensation should be completed before the project starts and villagers should be informed for at least 2-3 month before construction starts;
► Information disclosure: it should be detailed and villagers’ satisfaction or feedback should be studied and evaluated;
► Ethnic community along the project should be clearly understood of the project before implementation;
► Grievance mechanism should be established at the village level with the existing village mediation committees trained and supported to operate and report on status of grieviances received and addressed;
► The main road should higher than the alleyways in villages. The issue is that the alleyways are often not developed by the project so it makes difficulty for the villagers’ transportation and most of the time they handle by themselves. Thus, it would be great if the project can develop the alleyways (access road to the village), which is about 5-10 m from the main road;
► If will be great if the project can construct a bus stop/waiting area;
► Regular maintenance and timely repair of road after completion of construction or during operation because from the previous experience was that new roads are broken after two years, which is sad, villagers commended;
► Provide diversion roads or work in half of road to allow traffic flow;
► Properly install construction signboard, light, fence, etc. where potential accident and sensitive and risk areas;
► Improve access road to village where it is flooded.
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8. ESMP IMPLEMENTATION AND BUDGET
8.1 Implementation, Monitoring, and Reporting Responsibilities 157. PMU/DOR (who is responsible for the day to-day implementation, and operation of the project, including contracting and supervision of all consultants for the NR13S Project) is responsible for ensuring effective implementation of the ESMP including adequate allocation of budget. PMU/DOR will also ensure that the Construction Supervision Consultant (CSC) and/or Field Engineers responsible for supervision and monitoring of works contracts will also be responsible for approval of the C-ESMP and day-to-day supervision and monitoring of contractor compliance with the C-ESMP. EDPD/PTRI is responsible for providing technical guidance on the ESS requirements and periodical monitoring of the ESS compliance including training, capacity building, and management of the ESMF budget for NR13S. EDPD/PTRI will conduct 6-month monitoring of ESS compliance and submit a report to WB. EDPD/PTRI will also ensure that the Project is also in compliance with GOL requirements regarding ESS. 158. At provincial level, DPWTs of BKX and KM will assign specific staff and/or engineer (at least 1 full-time or 2 part-time) to be responsible (as the ESU/DPWT) for ensuring full compliance with the ESS requirements on the ground and prepare ESS implementation monthly or quarterly monitoring report as agreed with EDPD/PTRI. The ESU/DPWT is considered part of the Project team responsible for ensuring compliance with the ESMP of NR13S. 159. The DPWT will also be required to establish a Monitoring Working Groups (MWG) comprising ESU/DPWT, PONRE, LWU, and other related local authorities to be responsible for undertaking periodic monitoring of the ESMP, ARAP, and EGEP implementation including GRM tracking and Contractor performance of the approved C- ESMP. For land acquisition and relocation of assets, a Provincial Resettlement Committee (PRC) or District Resettlement Committee (DRC) will be established to be responsible for the review and oversignt of RAP/ARAP implementation. A Village Grievance Committee (VGC) will also be established to be responsible for overseeing the GRM implementation using the existing strucutures with a village midation committees and fiduciary agnecies (District and Provincial Office of Justice, Provincial Assembly, PWTOs and District Governor Office) . EDPD/PTRI will also be required to (a) review/adjust the currenct monitoring and reporting forms to enhance effectiveness of the monitoring and reporting process and (c) ensure that adequate budget can be transferred to the ESU/DPWT and the MWG and timely submission of the ESS monitoring report. 160. Table 8-1 summarizes key institutional responsibilities for the implementation of the ESMP at various stages of the Project.
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Table 8-1 ESMP Implementation Project Stage Responsible Key Responsibilities Institution Preparation Land acquisition PMU/DOR, Secure WB clearance of the RAP/ARAP and/or relocation EDPD/PTRI, and and of asset (RAP/ PRC
ARAP) Implement/Monitor/Report the implementation progress of the RAP/ARAP Ethnic Group EDPD/PTRI Secure WB clearance of the EGEP prior to Engagement Plan the commencement of civil work. (EGEP) to be
prepared after the Implement/Monitor/report the implementation progress of the EGEP detailed design of road works available and cleared by WB prior to civil work ESMP for WB EDPD/PTRI assisted Ensure ESMP is cleared by WB before clearance by LTEC bidding IEE for BKX and EDPD/PTRI assisted Ensure approval by PONRE BKX and KM IEE for KM by the in-house before construction begins consultant Detailed Design PMU/DOR and Avoid and minimize the need for land and preparation of EDPD//PTRI with acquisition and relocation of assets. Bidding (BD) and the Detailed Design Contract Consultant and its Incorporate ESMP mitigation measures into Documents (CD) ESS Team (LTEC). detailed engineering design. EDPD/PTRI Ensure ESMP is incorporated into the BD/CD. Review Contractors proposals to ensure that they are aware of the ESMP requirements and that line items for environmental management as per the ESMP are included in the BOQ. Site Clearance and Contractor Prepare C-ESMP in line with the SS-ESMP Construction Obtain all necessary environmental and social related permits for construction. PMU/DOR, Review and approve C-ESMP and send a CSC/Field Engineer copy of the approved C-ESMP to EDPD/PTRI Contractor Attend periodical meeting on site management and monitoring with
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Project Stage Responsible Key Responsibilities Institution CSC/Fiend Engineer
Construction and Contractor Daily monitoring of environmental and O&M phases social issues by the contractor ESSM team. during the OPBRC services Preparation of weekly environmental and social checklists. Preparation of Monthly environmental and social reports. Preparing Corrective action plans as needed.
PMU/DOR and Periodic site visits (6-months) to monitor EDPD/PTRI Contractors environmental and social performance. CSC/Field Engineer Weekly monitoring of the Contractors compliance with ESMP / C-ESMP . Issuing the Contractor with Non-compliance Notices. Monthly reporting to PMU/PTRI of Contractors performance based on the review of Contractors weekly checklists and weekly site visits. Quarterly Environmental and Social Reports prepared by the ESS1 and submitted to PMU/PTRI and World Bank.
3-month ESU/PMU and the Monitor compliance and adequacy of the C- monitoring Monitoring Working ESMP and ECC to be issued by PONRE of Group BKX or KM.
8.2 ESMP Capacity Building and Training 161. As part of the LRSP2-AF, through the ESMF implementation budget, about $0.3M has been allocated for ensuring effective implementation of the ESS requirements for NR13S. Specific budget has been allocated for (a) ensuring effective monitoring, reporting, and training to ensure full compliance including consulation and implementation of EGEP and (b) technical assistance and capacity building and/or priority action research activities on ESS. Implementation experience of the LRSP2 suggested that more detailed specific guidalines and more extensive training and capacity building on environmental, social, and occupational health and safety (ESOHS) will be necessary to enhance performance on the ground. Improving effective site management, effective application of Personnal Protection Equipment (PPE), active participation of local communities, and effective application of GRM record will be necessary with proper tracking records.
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162. DPWT will also be required to establish a Monitoring Working Groups (MWG) comprising ESU/DPWT, PONRE, LWU, and other related local authorities to be responsible for undertaking periodic monitoring of the ESMP, ARAP, and EGEP implementation including GRM tracking and Contractor performance of the approved C- ESMP. EDPD/PTRI will also provide review the currenct monitoring and reporting forms to enhance effectiveness of the monitoring and reporting process. EDPD/PTRI will ensure that adequate budget can be transferred to the ESU/DPWT and the MWG and timely submission of the ESS monitoring report.
8.3 ESMP Implementation Budget 163. The ESMP implementation cost will be part of the Project cost. It comprises (a) cost for preparation and implementation of the mitigation measures during road rehabilitation and maintenance (C-ESMP) which will be part of the Project construction cost; (b) cost of land acquisition and/or compensation of assets or relocations (if any); (c) cost of UXO clearance (if required); (d) cost for monitoring, reporting, and training; and (e) cost for consultation with ethnic group and implementation of EGEP (if needed). At present, it has been agreed that the cost for (a) and (c) will be incorporated into the works contract cost while the cost for (b) will be part of GOL cost (RMF). Costs for (d) and (e) have been allocated as part of ESMF implementation responsible by EDPD/PTRI.
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9. ATTACHMENTS 164. The ESMP also includes 10 attachments covering the (1) the Project background concerning road contions and specific locations of Project sites and material sources; (2) traffic survey and safety risk assessment; (3) applicable GOL regulations; (4) maps in forests in BKX and KM; (5) key issues and mitigation measures for SS-ESMP and the alignment sheet for Package 1 to be financed by IDA; (6) Project environmental and social code of practices (ESCOP); (7) Project code of conduc and action plan to prevent gender- based violence and violence against children (COC on GBV/VAC); (8) accident reporting procedure and forms; (9) grievance redress mechanism; and (10) Summary of Consultation Meeting in August 2019.
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Table of Contents Abbreviations and Acronyms ...... 2 Attachment 1a Project Road Conditions ...... 4 Attachment 1b. Locations of Bridge, Culvert and Draining and Flooding Point ...... 7 Attachment 1C Maps of Material Sources ...... 10 Attachment 2a Traffic Survey Results ...... 12 Attachment 2b Road Safety Risk Assessment and Recommendations ...... 27 Attachment 3 Applicable GOL Regulations ...... 37 Attachment 4 Forests and Resources in Bolikhamxay and Khammouane Provinces ..... 44 Attachment 5 Key Issues and Mitigation Measures for C-ESMP and Site Specific Alignment Sheet for Package 1 ...... 47 Attachment 6 NR13S ESCOP ...... 75 Attachment 7 NR13S Generic COC on GBV/VAC ...... 97 Attachment 8 Accident Reporting Procedure and Form ...... 117 Attachment 9 Sample Form of Grievance Redress Mechanism Monitoring ...... 119 Attachment 10 Minutes of Consultation Meetings in Bolikhamxay and Khammouane Provinces ...... 121
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ABBREVIATIONS AND ACRONYMS
AF Additional financing LFND Lao Front for National Development AIIB Asian Infrastructure Investment Bank ARAP Abbreviated Resettlement Action LRSP-2 Lao Road Sector Project 2 Plan ASEAN Association of South East Asian LWU Lao Women Union Nations AWPB Annual Work Plan and Budget MAF Ministry of Agriculture and Forestry BKX Borikhamxay Province MCIT Ministry of Cultural, Information and Tourism C-ESMP Contractor-Environment and MOH Ministry of Health Social Management Plan COI Corridor of impacts MOF Ministry of Finance COC or COC Code of conduct on gender-based MONRE Ministry of Natural Resources and on violence and violence against Environment GBV/VAC children DCC Department of Climate Change MPI Ministry of Public Investment Management DMS Detailed measuring survey MPWT Ministry of Public Works and Transport DNEP Department of Natural Resources NBCA National Biodiversity Conservation and Environment Policy Areas DOF Department of Forest NGOs None Government Organizations DONRE District Office of Natural PA Protected Areas (national, provincial, Resources and Environment and district) DOR Department of Roads PFA Protection Forest Area (national, provincial, and district) DOT Department of Transport NR National Road DPI Department of Planning and NTFP None Timber Forest Products Investment DPWT Provincial Department of Public NR13S Improvement & Maintenance of NR13 Works and Transport South Project from Km71 to Km 346 DRC District Resettlement Committee OP/BP Operation Policy/Bank Procedure EA Environmental Assessment OPBRC Output- and Performance-Based Road Contract ECC Environmental Compliance OPWT District Office of Public Works and Certificate Transport ESCOP Environmental and Social Code of ODX Oudomxay Province Practice EDPD/ PTRI Environmental Research and O&M Operations and maintenance Disaster Prevention Division of PTRI EG Ethic Groups P1 Package 1
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EGEF Ethnic Groups Enagement PBC Performance-based contract Framework EGEP Ethic Groups Engagement Plan PCR Physical Culture Resources ESHS Environmental and Social Health PONRE Provincial Office of Natural Resources and Safety and Environment EHSG Environmental Health and Safety PMU Project management unit Guideline EIB European Investment Bank PRC Provincial Resettlement Committee ESMF Environmental and Social PTRI Public Works and Transport Research Management Framework Institute ESMP Environmental and Social RAP Resettlement Action Plan Management Plan EIA Environment Impact Assessment RMF Road Maintenance Fund ESIA Environmental and Social Impacts RMS Road Management System Assessment ESS Environmental and Social ROW Right of ways Safeguards ESU Environmental and Social Unit of RPF Resettlement Policy Framework DPWT GOL Government of Lao People’s SA Social Assessment Democratic Republic GCLS Grievance and Complaints SS- Site specific-ESMP Logging System ESMP GRC Grievance Redress Committee SIA Social Impact Assessment GRM Grievance Redress Mechanism SOP Standard operating procedures GRMS Grievance Redress Mechanism TA Technical assistance Services IDA International Development TOR Terms of Reference Association (or the WB) IEE Initial Environmental Examination UNCBD United Nations Convention on Biological Diversity INDC Intended Nationally Determined UXO Unexploded Ordnance Contribution IUCN International Union for VRC Village Resettlement Committee Conservation of Nature and Natural Resources KM Khammouane province WB World Bank KM Kilometer number WBG World Bank Group Km Kilometers MWG Monitoring working group
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ATTACHMENT 1A PROJECT ROAD CONDITIONS
1. Site visit was carried out during the week of 28th – 30th August 2019 and these are the main findings along the road corridor Plate 2-1 to 2-16 below illustrate the beginning of the project continues from the previous section (KM 21 to KM 71) is located at Xaysavang Village, Tha Prabath District, Borikhamxay Province, after start point the road width is generally 9 metres width and unpaved shoulder on both sides. Centre line as road marking is present without maintenance. Shoulders are used as parking places and lack of drainage is one of the main constraint. Plate 2-17 to 2-20 show the different type of heavy vehicles identified along the corridor, trucks with tandem axle, single axle, double and triple axles. Since the road is a key connection to China, Vietnam, Thailand and other parts of Lao PDR, it is expected that heavy traffic will be increased when the ASEAN Road Networks are completed. The road design must take into consideration during traffic forecast for the design period.
Plate 0-1: Km 71+000 Start of the Project Plate 0-2: Km 71+000 Start of the Project
Plate 0-3: Houay Nam Hong Bridge (Km 72+658) Plate 0-4: Houay Saiphai Bridge (Km 73+730)
Plate 0-5: T-Intersection Road to Xaysomboun Plate 0-6: Cultural and Tourism Place without a Province Bus-Bay, No Parking Lane
Plate 0-7: Typical Flood Area Plate 0-8: High Embankment Section
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Plate 0-9: Urban Road in Paksan Township Plate 0-10: Side Pipe and Drop Inlet are Filled Up by Debris
Plate 0-11: Nam Sane Bridge in Paksane Town is Plate 0-12: Nam Kading Bridge a 2-lane Bridge Bottle Neck to 4-lane Road
Plate 0-13: Embankment Protection is Required Plate 0-14: T-Intersection to NR8 at Nam Kading Chainage
Plate 0-15: Nam Don Bridge with Surface Plate 0-16: Typical Hazardous Curves Deteriorated
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Plate 0-17: Types of Heavy Vehicles Identified on Plate 0-18: Types of Heavy Vehicles Identified on the the Road Road
Plate 0-19: Types of Heavy Vehicles Identified on Plate 0-20: Types of Heavy Vehicles Identified on the the Road Road
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ATTACHMENT 1B. LOCATIONS OF BRIDGE, CULVERT AND DRAINING AND FLOODING POINT
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ATTACHMENT 1C MAPS OF MATERIAL SOURCES
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ATTACHMENT 2A TRAFFIC SURVEY RESULTS
1. General 1) In order to facilitate the assessment of present and future traffic demands, for the development of need-based infrastructure accurate information and continuous monitoring of traffic by appropriate methods is necessary. This traffic survey was therefore implemented to ensure that sufficient and appropriate data is available to undertake necessary planning, design, construction and maintenance of the NR13 South, which is aimed at meeting the prevailing traffic flow, future traffic growth and loading without considerable deterioration in the quality of service. 2. Traffic Count Survey 2) A comprehensive traffic survey was conducted manually in six locations for NR13 South Project. All surveys were implemented for three consecutive days from 6:00am – 6:00am of the following day by a team of LTEC which comprised of two supervisors and 18 enumerators. The traffic flow data collection team stood by the roadside at appropriate straight road section, counting and classifying the vehicles as they passed. The survey recorded all vehicles moving in one particular direction (southbound and northbound). The survey started from 29th October to 16th November 2019 with the use of field forms, photos, and other survey equipment. Table and Figure below provide detailed stations of traffic flow data collection. Table 1 Location of Traffic Survey
No. Chainage Description of Location Survey Time Day 1 Km 92+218 Tha Bok Bridge Straight Line 1 6:00AM – 6:00 AM 3 Day 2 Km 140+162 Nam Ngiep Bridge Straight Line 2 6:00AM – 6:00 AM 3 Day 3 Km 189+040 Nam Kading Bridge Straight Line 3 6:00AM – 6:00 AM 3 Day 4 Km 239+700 Nam Thone Bridge Straight Line 4 6:00AM – 6:00 AM 3 Day Nam Hinboun Bridge Straight Line 5 Km 280+400 5 6:00AM – 6:00 AM 3 Day 6 Km 346+000 Thakhek Straight Line 6 6:00AM – 6:00 AM 3 Day
3) Manual traffic flow count was categorized by a visual assessment of the vehicle size and configuration of axles. This traffic flow data collection however, classified vehicles into 11 categories based on the local and country traffic context as follow: Bicycle; Hand tractor; Motorcycle; Tuk Tuk, Jumbo; Car, taxi, jeep; Pick up, van; Minibus; Medium truck and bus; Heavy truck & bus; Light truck; and Trailer.
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Straight Line 1 (03 days)
Straight Line 2 (03 days)
Straight Line 3 (03 days)
Straight Line 4 (03 days)
Straight Line 5 (03 days)
Straight Line 6 (03 days)
Figure 1: Traffic Flow Counting Stations a. Tha Bok bridge Straight Line 1 (Km 92+218) 4) The traffic flow survey was undertaken for 72 consecutive hours between 29th October to 2nd November 2019. The survey counted all vehicles travelling southbound and northbound every hour interval and then the numbers of each type of transport vehicles were combined. The survey team at this station comprised of one traffic supervisor and nine enumerators. The survey team used manual counting system with field survey forms, photography, marking GPS locations and notetaking. 5) The traffic counting during the three days indicated that the majority of vehicle numbers passed through this point of the survey was motorcycles (38%), followed by pick up (24%), and
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car/taxi/jeep (13%). Further detailed of the traffic flow counting results were presented in Figure and Table.
Bicycle; 354; 2% Trailer; 1031; 5%
Light Truck; 333; 2% Hand Tractor; 63; 0% Heavy Truck&Bus; 591; 3%
MediumTruck & Bus; 726; 3%
Mini Buses; 2068; 10% Motorcycle; 7971; 38%
Pick Up, Van; 5005; 24%
Tuk Tuk, Jambo; 0; 0%
Car,Taxi, Jeep; 2667; 13%
Figure 2: Traffic Survey Results at Tha Bok Bridge (Km Km 92+218)
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Table 2: Results of Traffic Flow Survey at Tha Bok Bridge (Km 92+218)
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Plate 0-1: Traffic Survey at Tha Bok Bridge – Plate 0-2: Traffic Survey at Tha Bok Bridge – daytime night-time b. Nam Ngiep Bridge Straight Line 2 (Km 140 + 162) 6) Similar approach to the traffic flow counting at Tha Bok Bridge, another survey team of LTEC was stationed near Nam Ngiep Bridge at the same day and time. This survey location is relatively close to Paksane town centre, approximately 4km. This included a continuous counting of all vehicle moving in northbound and southbound for a collection period of 72 consecutive hours between 29th October to 2nd November 2019. The survey team at this station comprised of one traffic supervisor and nine enumerators. The survey team used manual counting system with field survey forms, photography, marking GPS locations and notetaking. 7) During a three-day traffic flow survey at Nam Ngiep Bridge, the results were consistent with data recorded at Tha Bok Bridge. The majority of traffic volume was assessed as being 6,496 motorcycles (32%) and 5,969 pick-up truck/vans (30%) and 3,121 cars/taxi/jeep (15%). The lesser number of vehicles moving through this survey location included 1,214 trailers (6%), 1,154 minibuses (6%) and other types of vehicles.
Plate 0-4: Traffic Survey at Nam Ngiep Plate 0-3: Traffic Survey at Nam Ngiep Bridge Bridge
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Trailer; 1214; 6% Bicycle; 132; 1%
Light Truck; 391; 2% Heavy Truck&Bus; Hand Tractor; 102; 0% 837; 4%
MediumTruck & Bus; Motorcycle; 6496; 32% 725; 4%
Mini Buses; 1154; 6%
Tuk Tuk, Jambo; 60; 0% Pick Up, Van; 5969; 30%
Car,Taxi, Jeep; 3121; 15%
Figure 3: Traffic Survey Results at Nam Ngiep Bridge (Km 140+162)
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Table 3: Results of Traffic Flow Survey at Nam Ngiep Bridge (Km 140+162)
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Consulting Services for Conceptual Design of P1 ESMP Attachment 1-10 Improvement & Maintenance of NR13 South from Km71 to Km 346 March, 2020 c. Nam Kading Bridge Straight Line (Km 189+040) 8) The traffic flow counting at Nam Kading Bridge was conducted with the same methodology as above-mentioned two locations. This included the establishment of survey team of ten staff with one supervisor. The survey team split into three shifts – eight hours each. The traffic volume survey started at 6:00am of 6th November to 6:00am of 9th November 2019 for 72 consecutive hours. At this survey location, it was in proximity to a main community and commercial area of Pakkading. The counting system was completed manually. 9) The traffic counting indicated results similar to the three survey locations. Most of the transport vehicle numbers recorded during three days at this location were 4,155 pick up trucks/van (30%), followed by 4,093 motorcycles (29%) and 1,747 cars/jeeps (13%). However, heavy trucks, trailers and heavy buses remained high in terms of the volumes in relation to the road condition (refer to Figure and .
Bicycle; 22; 0%
Trailer; 944; 7% Hand Tractor; 35; 0% Light Truck; 378; 3%
Heavy Truck&Bus; 589; 4%
MediumTruck & Bus; Motorcycle; 4093; 406; 3% 29%
Mini Buses; 1580; 11%
Tuk Tuk, Jambo; 0; 0%
Pick Up, Van; 4155; 30% Car,Taxi, Jeep; 1747; 13%
Figure 4: Traffic Flow Survey Results at Nam Kading Bridge (Km 189+040)
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Table 4 Results of Traffic Flow Survey at Nam Kading Bridge (Km 189+040)
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Consulting Services for Conceptual Design of P1 ESMP Attachment 1-10 Improvement & Maintenance of NR13 South from Km71 to Km 346 March, 2020 d. Nam Thone Bridge Straight Line (Km 239+700) 10) The traffic counting data recorded at this location was obtained over a three consecutive day period, between 5th November to 9th November 2019. This survey location was in close proximity to a cluster community of Ban Namthone, a well-known place for local passengers. 11) A summary of the existing traffic volume was presented in Figure Table which include the location, peak our flow and the number of different vehicles at the survey location. Vehicles were sorted by percent of total number passed through this survey location. The analysis of the traffic data presented below is consistent with the previous survey stations. The number of motorcycles remained the highest and accounted for 36% (4,637), the second largest number of vehicle passing through this point was pick up truck (3,734 fleets or 29%).
Trailer; 1045; 8% Bicycle; 66; 1%
Light Truck; 165; 1% Hand Tractor; 111; 1% Heavy Truck&Bus; 392; 3% MediumTruck & Bus; 298; 2%
Mini Buses; 909; 7% Motorcycle; 4637; 36%
Pick Up, Van; 3734; 29%
Car,Taxi, Jeep; 1594; 12%
Tuk Tuk, Jambo; 15; 0%
Figure 5: Results of Traffic Flow Counting at Nam Thone Bridge (Km 239+700)
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Table 5: Results of Traffic Flow Survey at Nam Thone Bridge (Km 239+700)
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Consulting Services for Conceptual Design of P1 ESMP Attachment 1-10 Improvement & Maintenance of NR13 South from Km71 to Km 346 March, 2020 e. Hinboun Bridge Straight Line (Km 280+400) 12) Traffic count survey was conducted at Hinboun Bridge between 12th – 16th November 2019 for three consecutive days. The site was selected as it was in close to Songhong cluster community of Hinboun District. The survey team was comprised of one supervisor and nine enumerators which has been split into three counting shifts per day. The traffic data was presented in Figure and Table which provided number of traffic volume in every hour interval. 13) The analysis of the traffic data indicated similar patterns from the previous counts at Tha Bok Bridge, Nam Ngiep Bridge, Pakkading Bridge and Namthone Bridge stations. During the survey period, the survey team counted 6,023 motorcycles (42%), 3,590 pick up trucks (25%), and 1,353 cars (9%). The number of other modes of vehicle were also presented with relatively high where minibus was accounted for 9%, trailer was 5%, and combined light and heavy trucks were approximately 6%.
Trailer; 750; 5% Bicycle; 79; 1%
Light Truck; 404; 3% Heavy Truck&Bus; Hand Tractor; 191; 1% 434; 3%
MediumTruck & Bus; 295; 2%
Mini Buses; 1241; 9%
Motorcycle; 6023; 42%
6. Pick Up, Van; 3590; 25%
4. Tuk Tuk, Jambo; 1; 0% Car,Taxi, Jeep; 1353; 9%
Figure 6: Results of Traffic Flow Survey at Nam Hinboun Bridge (Km 280+400)
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Table 6 Results of Traffic Flow Data at Hinboun Bridge
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Consulting Services for Conceptual Design of P1 ESMP Attachment 1-10 Improvement & Maintenance of NR13 South from Km71 to Km 346 March, 2020 f. Thakhek Straight Line (Km 346+000) 14) While there was a traffic flow counting team was established at Hinboun Bridge, another team also set up a traffic survey station at Km 346+000 near Thakhek town. The survey commenced between 12th to 16th November 2019 for a three-day continuous period. This traffic survey station was close to the T-junction of the National Road No 12. 15) Key summary of traffic survey results at Thakhek station were outlined in Figure and more detailed data was provided in Table . Overall number of vehicle movements were consistent whereas motorcycle was the dominant vehicle class with 8,231 fleets, then pick-up trucks were 4,788 fleets with important 25% contribution and cars were 1,708 fleets. In addition, it was observed that the volume of trailers was relatively high which ten to be primarily related to the road linking to Lao- Vietnam border via National Road No. 12.
Trailer; 1548; 8% Bicycle; 70; 0% Light Truck; 166; 1%
Heavy Truck&Bus; Hand Tractor; 108; 1% 452; 2%
MediumTruck & Bus; 527; 3%
Mini Buses; 1245; 7%
Motorcycle; 8231; 43% Pick Up, Van; 4788; 25%
Car,Taxi, Jeep; 1708; 9%
Tuk Tuk, Jambo; 177; 1%
Figure 7: Results of Traffic Flow Counting at Thakhek (Km 346+000)
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Table 7 Results of Traffic Flow Counting at Thakhek (Km 346+000
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ATTACHMENT 2B ROAD SAFETY RISK ASSESSMENT AND RECOMMENDATIONS
Item Location Road Pictures Recommendations Remarks geometry/Design characterize/Risks
1 Km 84+400 - Narrow road pass - Widening the road pass through all co through mmunity. Samakkhyxai community. village - Install calming sign and rumble strips at - No speed limit all community, school and market along sign. the road.
- Install speed limit sign. - Install warning sign - Install stop sign on access road.
- Install flashing light. - Install chevrons sign at curve. 2 Km 91+600 - Narrow road and bridge pass - Widening the road pass through all co Palai village through mmunity. community. - Curve with - Install calming sign and rumble strips r junction oad marking at all community and scho - No speed limit ol along the road. sign. - Install speed limit sign.
- Install warning sign
- Install stop sign on access road.
- Install flashing light.
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Item Location Road Pictures Recommendations Remarks geometry/Design characterize/Risks
- Install chevrons sign at curve.
3 Km 93+000 - Narrow road and - Widening the road pass through all co bridge pass mmunity. Thabok through - Install calming sign and rumble strips r village oad marking at all community and scho community. ol along the road. - No speed limit - Install speed limit sign. sign. - Install warning sign - Lack of adequate - Install stop sign on access road. - Install flashing light. sight distances at curve. - Install chevrons sign at curve.
4 Km 101+500 - Narrow road pass - Widening the road pass through all co through mmunity. Phonsavan community. - Install calming sign and rumble strips r village oad marking at all community and scho - No speed limit ol along the road. sign. - Install speed limit sign. - Install warning sign - Install stop sign on access road.
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Item Location Road Pictures Recommendations Remarks geometry/Design characterize/Risks
5 Km 117+200 - Narrow road and - Redesign and widening the curve. bridge through - Widening the road pass through all Nongkeun community. community. village - No speed limit - Install calming sign and rumble strips sign. road marking at all community and school - Lack of adequate along the road. sight distances - Install speed limit sign. - Install warning sign. - Install flashing light. - Install chevrons sign at curve. 6 Km 144+300 - Narrow road pass - Widening the road pass through all through community. Houaysiat community. - Install speed limit sign. village - No speed limit - Install calming sign and rumble strips at sign. all community and school along the road. - Install stop sign on access road. - Install flashing light. - Install chevrons sign at curve.
7 Km 146+950 - Location of traffic - Install calming sign and rumble strips a sign at roadside not t all community and school along the ro Sivilay suitable ad. village - No road marking. - Install stop sign on access road. - Install traffic sign with right location. - No speed limit - Install speed limit sign. sign.
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Item Location Road Pictures Recommendations Remarks geometry/Design characterize/Risks
8 Km 150+500 - Narrow road pass - Widening the road pass through all co through mmunity. Sisaad community. - Install speed limit sign. village - No speed limit - Install calming sign and rumble strips a t all community and school along the ro sign. ad. - Install stop sign on access road. 9 Km 152+300 - Narrow road pass - Redesign and widening the curve. through - Widening the road pass through all co Phonesaad community. village mmunity. - No speed limit - Install speed limit sign. sign. - Install warning sign. - Lack of adequate - sight distances Install chevrons sign at curve. - Install flashing light. 10 Km 160+400 - Narrow road pass - Widening the road pass through all co through mmunity. Phonngam community. village - Install speed limit sign. - No speed limit - Install warning sign. sign.
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Item Location Road Pictures Recommendations Remarks geometry/Design characterize/Risks
11 Km 188+000 - Narrow road and - Widening the road pass through all co bridge pass mmunity. Pakkading through village - Install calming sign and rumble strips a community. t all community along the road. - No speed limit - Install speed limit sign. sign. - Install warning sign.
- Lack of adequate - Install chevrons sign at curve. sight distances - Install flashing light.
12 Km 194+600 - Narrow road and - Widening the road pass through all co Hadxaykham bridge pass mmunity. village through - Install calming sign and rumble strips a community. t all community and school along the ro - No speed limit ad. sign. - Install speed limit sign.
- Install warning sign.
- Install flashing light. 13 Km 204+000 - Narrow road and - Widening the road pass through all co bridge pass mmunity. Phonchalern through village - Install calming sign and rumble strips a community. t all community and school along the ro - Community and ad. Market close at - Install speed limit sign. road side - Install warning sign. - Junction and - Install chevrons sign at curve. access road - Install flashing light. - No speed limit - Install stop sign on access road. Lao Transport Engineering Consultant Page 31/131
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Item Location Road Pictures Recommendations Remarks geometry/Design characterize/Risks
sign.
14 Km 216+200 - Narrow road pass - Widening the road pass through all co through mmunity. Namdua community. - Install calming sign and rumble strips a village - No speed limit t all community and school along the ro sign. ad. - Install speed limit sign. - Install warning sign. - Install flashing light.
15 Km 222+000 - Narrow road and - Widening the road pass through all co bridge pass mmunity. Namkhou through - Install calming sign and rumble strips a village community. t all community and school along the ro - No speed limit ad. sign. - Install speed limit sign. - Install warning sign. - Install chevrons sign at curve. - Install flashing light.
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Item Location Road Pictures Recommendations Remarks geometry/Design characterize/Risks
16 Km 225+000 - Narrow road pass - Widening the road pass through all co through mmunity. Thongnamy community. - Install calming sign and rumble strips a village - Community and t all community and school along the ro Market close at ad. road side - Install speed limit sign. - No speed limit - Install warning sign. sign. - Install flashing light.
17 Km 231+000 - Narrow road and - Widening the road pass through all co bridge pass mmunity. Namsang through - Install calming sign and rumble strips a village community. t all community and school along the ro - No speed limit ad. sign. - Install speed limit sign. - Install warning sign. - Install chevrons sign at curve. - Install flashing light.
18 Km 235+500 - Some sections of - Widening the road pass through all co the road were mmunity. Viengkham narrow road pass - Install calming sign and rumble strips a village through t all community and school along the ro community. ad. - Junction and - Install speed limit sign. - access road Install warning sign. - No speed limit - Install stop sign on access road. sign. -
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Item Location Road Pictures Recommendations Remarks geometry/Design characterize/Risks
19 Km 258+700 - Narrow road pass - Widening the road pass through all co through mmunity. Laokha community. - Install calming sign and rumble strips a village - Curve with t all community and school along the ro junction ad. - No speed limit - Install speed limit sign. sign. - Install warning sign. - Install flashing light. - Install chevrons sign at curve. - Install stop sign on access road. 20 Km 311+000 - Narrow road pass - Widening the road pass through all co through mmunity. Phonkham community. - Install calming sign and rumble strips a village - Junction and t all community and school along the ro access road. ad. - No speed limit - Install speed limit sign. sign. - Install warning sign. - Install flashing light. - Install stop sign on access road.
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Item Location Road Pictures Recommendations Remarks geometry/Design characterize/Risks
21 Km 325+400 - Narrow road and - Widening the road pass through all co bridge pass mmunity. Namdon through - Install speed limit sign. village community. - Install warning sign. - Access road. - Install flashing light. - No speed limit - Install stop sign on access road. sign.
22 Km 326+800 - Narrow road and - Widening the road pass through all co bridge pass mmunity. Phonsoung through - Install calming sign and rumble strips a village community. t all community and school along the ro - Access road. ad. - No speed limit - Install speed limit sign. sign. - Install warning sign. - Install flashing light. - Install stop sign on access road. 23 Km 333+000 - Narrow road pass - Widening the road pass through all co through mmunity. Phonsytha community. - Install calming sign and rumble strips a village - Curve with t all community along the road. junction - Install speed limit sign. - No speed limit - Install warning sign. sign. - Install flashing light. - Install chevrons sign at curve. - Install stop sign on access road.
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Item Location Road Pictures Recommendations Remarks geometry/Design characterize/Risks
24 Km 334+600 - Narrow road pass - Widening the road pass through all co through mmunity. Maisivilai community. - Install calming sign and rumble strips a village - Junction t all community along the road. - No speed limit - Install speed limit sign. sign. - Install warning sign.
- Install stop sign on access road. 25 Km 336+300 - Narrow road pass - Widening the road pass through all co through mmunity. Phonsaad community. - Redesign Y Junction to T Junction. village - No traffic signal - Install calming sign and rumble strips a control at t school and all community along the ro Intersection. ad. - Y Junction at Km - Install speed limit sign. 335+900. - Install warning sign.
- No speed limit - Install chevron sign at curve. sign. - Install stop sign on access road.
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ATTACHMENT 3 APPLICABLE GOL REGULATIONS
Law or Decree Art. Relating To Content Constitution of the Environment in “All organizations and citizens must protect the Lao PDR People’s general environment and natural resources: land, Democratic Republic underground, forests, fauna, water sources and (1991, amended 17 atmosphere.” No. 63/NA, 08 December 2015 Environmental The State promotes protection and rehabilitation Protection of social and natural environment through Policy(s) (new) dissemination of regulations and Environmental information, building of awareness and knowledge, training and conducting campaigns 5 for individuals and organizations; both domestic and international, to recognize importance of social and natural environment in daily livelihoods and in strictly implement the Environmental protection regulations, methods and measures. Impact on An impact on social environment is an adverse Social impact on human life and health, properties and 10 Environment livelihoods, including shelters of people, and on (new) cultural and historical heritages. Impact on An impact on natural environment is an adverse Natural impact on natural ecological fundamentals, 11 Environment natural resources, biodiversity, arable land, water (new) sources, climate change and natural heritages. The Law on Environmental Environmental protection consists of these key Environmental Protection following practices: (i) Environmental Protection, No. Practices (new) prevention(ii) Pollution control(iii) Toxic 13 29/NA, dated 18 chemical control and waste disposal (iv) December 2012 Environmental certification and permission (v) Promotion and public participation Environmental Environmental prevention is an action of Prevention safeguarding and preventing against any natural (revised) or manmade events, which may possibly happen, 14 are happening or already happened, leading to damages or depletions of social and natural environment Strategic A strategic environmental assessment (SEA) is a Environmental process of anticipating an impact that may affect Assessment social and natural environment, while developing (new) policies, strategic plans, and programs, including considerations towards impacts of climate change. This impact assessment shall determine 19 methods and measures to avoid or mitigate impacts on social and natural environment in order to accomplish sustainable development goals. While developing the policies, strategic plans, and programs, particularly of energy and mining, agriculture and forestry, industry and
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Law or Decree Art. Relating To Content commerce, public works and transportation, post- telecommunication and communication, information-culture and tourism sector, a strategic environmental assessment shall be conducted, except a plan, which applies to uses of small-scale areas and subject to the Integrated Spatial Plans. Initial Initial Environment Examination (IEE) is a data Environmental examination, exploration and analysis to Examination anticipate possible minor environmental impacts, (new) 21 while identifying appropriate methods and measures to prevent, avoid or mitigate environmental impacts from investment projects or activities including considerations of climate change. Environment Impact Assessment (EIA) is a process of addressing an issue in order to anticipate impacts that may affect the Environmental environment, society and nature, derived from Impact investment projects or activities, along with Assessment considerations related to climate change in Lao (revised) PDR, and development of reports. Apart from reporting, an Environmental Social Management 22 and Monitoring Plans (ESMMP) will be developed. Both the report and the plan shall be approved by MONRE prior to implementation of investment projects and activities. The process of assessing impacts from the investment project and the activity on the environment, society and nature, shall comply with the specific regulations. A new ESIA decree has been approved by GOL in early 2019. Pollution control Pollution is a chemical substance, radiation, dust, (revised) smoke, including noise, light, odour, vibration and heat mixing in the air, soil, and water with concentration exceeding the National 29 Environmental Quality Standards or National Pollution Control Standards, as the results of manmade or nature, affecting human life and health, animals, plants, other living creatures and ecosystem. National The National Pollution Control Standards are Pollution identification of pollutant concentrations emitted Control by persons, legal entities and organizations with Standards (new) permission, from any sources into the air, soil or 32 water. The Government shall identify the National Pollution Control Standards based on the proposal from MONRE upon coordinating with line sectors.The national standards are updated in early 2017. PCD is drafting a pollution control regulation and guidelines. 36 Toxic Chemical The natural resources and environmental sector is
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Law or Decree Art. Relating To Content Control directly responsible in coordinating with other line sectors for inspection and endorsement of toxic chemical lists, which are under periodical management by the sector.PCD is drafting a toxic and hazardous substances regulation and guidelines. Waste Disposal Disposal of general wastes, particularly rubbish, (new) shall be separation for different purposes such as recycle, reuse, reprocess as new products and 38 elimination with methods and techniques within identified areas based on regulations.PCD is drafting a guideline on 3R and try to promote the activities in pilot areas. Persons, legal entities or organization Responsibilities implementing investment projects or activities, which create environmental and social impacts, 55 in Environmental shall correct, improve, rehabilitate and Rehabilitation remunerate damages within the affected areas. (new) Environmental The State promotes establishment of the Protection Fund Environmental Protection Fund used in (revised) environmental researches, prevention, correction,
and rehabilitation. Implementation and performance of the EPF shall be stipulated by the specific regulations.
4 Rights to use Defines rights, obligations, and procedures to water resources gain approval for use of water resources Permission for Stipulates that medium and large scale uses
18 use require feasibility studies, EIAs, and mitigation The Water and Water plans, before permission is granted for use of the Resources Law No. resource 23/NA dated 11 May Principles in Stipulates that water resource development must 2017 water resource be consistent with national and sector plans, must 22 development ensure preservation of the natural beauty of the management resources, and must protect against harmful effects of water Policy on The GOL has the policy to preserve, regenerate, 5 forest and and develop forests and forestland to help forest land preserve the environment, water resources, biodiversity, and people’s livelihoods. 9to13 Forest types Classify the various types of forests according to use, including forests for The Forestry Law village use No. 06/NA dated 24 Preservation of Stipulates the preservation of water resources December 2007 26 water resources in forest zones for those areas where in forest zones waterways originate and flow, including strict management and regulations to control logging, shifting cultivation, and destructive forest uses 70 Conversi Stipulates that forest land can be converted to on of other land type If it brings a high level of
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Law or Decree Art. Relating To Content forestlan benefits to the nation and to livelihoods of the d people, and is included in the national development plan 71 Types of Stipulates that for uses such as dam converted construction, the timber and forest resources to forestland be harvested in those areas are property of the State 31 Use for Allows use by village households of wildlife The Law on Aquatic Household and aquatic species in the common and general and Wildlife Animals purposes category list in particular seasons or permitted No. 07/NA dated 24 areas, using tools or equipment that do not December 2007 adversely affect habitats or compromise the species population. Customary Use Allows use of wild life or aquatic species in the 32 common and general category list by village households for “necessary cultural beliefs.” 52 Prohibitions Prohibit staking of wildlife, including parts of the animals, from their habitats; tormenting wildlife and aquatics; illegal catching, hunting, trading and possession; catching aquatic and hunting in conservation zones, in breeding season, or when pregnant; devastation of habitats and feeding zones. Land Law, No. Protection of Declares that all individuals and organizations are 04/NA, dated 21 6 Land and obliged to protect the land from October 2003 Environment degradation, Changes in Land use can be changed if it does not cause 14 Land Category social or environmental harm and if prior approval is obtained from the authorities. Decree on Land Obligation of The person or legal entity that leases land or Lease or Concession, Person or Legal obtains a concession is obligated, among other No. 39 Entity Who things, “not to cause any damage to the quality of 135/PM, dated Leases or land and negative impact to the natural 25/5/2009 Obtains environment and the society.” Concession Law on Public Roads Public Road Public road construction refers to the building of Construction various public roads as defined in Article 5 of 3April 1999 this law. The public road contractor shall perform 15 the work in accordance with design documents, and shall ensure quality, safety and environmental protection
Maintenance Maintenance of public roads means to follow up, and Repair of control, and check on the conditions of public Public Roads roads in order to provide regular maintenance, such as: grass-cutting, road surface cleaning, 16 sewage draining, and cleaning of bridges and other road appurtenances. Repair of public roads means to maintain, repair and reinstate damaged roads in compliance with the design, including routine repairs, periodic
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Law or Decree Art. Relating To Content repairs and urgent repairs. Compensation If, in the construction of various kinds of public for Land roads, it is necessary to use land that is legally Acquired for owned by a private person or by an organization, 19 Public Road the owner of the expropriated land used for Activities public road construction shall receive reasonable compensation. Criminal Any person breaching any provision of this law, Sanctions such as: serious violation of principles relating to public road activities, or to the maintenance, repair, or use of public roads; destruction of road appurtenances, road structures, delimitation 43 areas, or safety-limit areas; falsification of registration and business documents; violation of construction principles causing damage to the public, or to the life, health or property of other persons; and abuse of position for personal interest; shall be subject to criminal prosecution and shall compensate for damage caused by him. Stipulates the This Decree provides rules, regulations and Decree on need for measures on management and monitoring environmental Environmental implementation of environmental impact Impact Assessment Impact assessment activities to make sure that such for investment Assessment activities are proceeded correctly with project No.21/GOL transparency and in concerted form with purpose 31 January 2019 to protect[environment], mitigate [and] remedy impacts on environment, ensuring that the compensation is reasonable, relocation and
occupational resumption and restoration of livelihood of the affected people is improved more than before, making management and use of the natural resources is efficient, securing the rights and interests of the nation and the people, contributing to the implementation of the National Social and Economic Development Plan in the direction of green and sustainability.
The National Suspend the The Project is required to immediately report to Heritage Law activities and the local administration and the concerned No.08/NA dated 9 report to information and culture sector if any national November 2005 33 concerned heritage is found during the implementation of sectors any activities. The Company shall suspend such activities until an approval to proceed is granted from the mentioned sector. purchase or sale Stipulates that any purchase or sale of national of national cultural and historical heritage by the individuals cultural and or Project need to be approved by the cultural and 38 historical information sector. heritage
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Law or Decree Art. Relating To Content development in Provides that any socio-economic development the national activities including infrastructure development in cultural and the national cultural and historical heritage areas historical or places where it is suspected that there is any heritage areas national cultural and historical heritage shall obtain prior approval from the Ministry of 42 Information and Culture, as well as identifying necessary measures to protect such heritage from damages. The Project is prohibited from causing damages to national cultural and historical heritage such as destroying archaeological and anthropological sites and, changing the condition of the natural heritage area to other conditions. The Decree on Surface Water Determines the National Surface Water Quality National 10 Quality Standards for 5 different classes of waterways. Environmental Standards Standards, No groundwater Determines the groundwater quality standards 81/GOL dated 02 11 quality February 2017 standards effluent limit Determines the effluent limit values for different 14 values activities PM Decree on the Compensation The Project is required to formulate a Compensation and Plan Compensation Plan prior to the implementation Resettlement of of the Project or signing a Concession Agreement Villagers by by collecting the baseline data on the affected Development 7 people including the list of compensation rate for Projects, No. the preparation of an Environmental and Social 84/GOL dated 5 Monitoring and Management Plan (ESMMP). April 2016 The approval date of the ESMMP is the registration date of the affected people’s rights. an The Project is obliged to: i) develop an Environmental Environmental and Social Impact Assessment and Social (ESIA) report and the ESMMP in Lao language Impact that are accurate and in accordance with relevant Assessment technical guidelines for approval by the Ministry (ESIA) report of Natural Resources and Environment and the ESMMP (MONRE) prior to commencing the construction or signing the Concession Agreement; ii) strictly follow its ESMMP as specified in the Concession Agreement, Environmental Certificate as well as 17 ensuring that the affected people are involved in all processes related to compensation, resettlement and livelihood development; iii) be responsible for the expenses of activities that are related to the ESIA and, environmental and social monitoring including compensation, resettlement and livelihood development of affected villagers; iv) be accountable for its collected data and disclose this to the Government of Lao PDR and the public; v) regularly report the situation and progresses related to the compensation,
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Law or Decree Art. Relating To Content resettlement and livelihood development to the Committee on Resettlement and Compensation and MONRE. PM Order on Strictly prohibit the authorisation of any Project Enhancing the developer or contractor of any infrastructure Management and 4.3 development project to harvest timber. The GOL Inspection of Timber is directly responsible for the timber harvest and Exploitation sales. Business No. 15/PM The Project is strictly not allowed to carry out dated 13 May 2016 any survey and timber harvesting in the project 5 development area without prior approval from the GOL.
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ATTACHMENT 4 FORESTS AND RESOURCES IN BOLIKHAMXAY AND KHAMMOUANE PROVINCES River Basin Maps in Laos Transportation Corridor Map
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ATTACHMENT 5 KEY ISSUES AND MITIGATION MEASURES FOR C-ESMP AND SITE SPECIFIC ALIGNMENT SHEET FOR PACKAGE 1 A5.1 Introduction 1. This Attachment presents the Environmental and Social Management Plan (ESMP) of NR13S (Project-ESMP) both in the form of issues and mitigation matrix (Table A5.1)1 and the Alignment Sheet (Table A5.2)2 to be applied for all OPBRC packages. This Attachment provides technical guidance for the preparation, approval, implementation, and monitoring of the contractor’s ESMP (C-ESMP). 2. In addition to this Attachment, the Project-ESMP also includes the environment and social code of practices (ESCOP in Attachment 6); the code of conduct on gender-based violence and violence against children (COC in Attachment 7); forms for accident reporting and grievance redress mechanism (Attachments 8 and 9); and other measures described in the ESMP report (Section 5) to be included in detailed design (DD) and bidding/contract documents (BD/CD) and those related to grievance redress mechanism (GRM) and the ESMP implementation and budget arrangement. Section A5.2 briefly highlights ESS requirements to be considered during DD while Section A5.3 highlights the requirements related to GRM. The contractor will also be required to maintain close consultation with local communities and operationalize its GRM in connection with that of DPWT and EDPD/PTRI. 3. The Project-ESMP is also closely connected to the Resettlement Action Plan (RAP) and the Ethnic Engagement Plan (EGEP) to be cleared by World Bank (WB) as well as the approval conditions of the Government of Lao PDR (GOL) for the Initial Impacts Examination (IEE) and issuance of the Environment and Compliance Certificate (ECC) and other regulatory authorities attached to any permits or approvals for the Project. These requirements will be considered during the preparation and approval of the C-ESMP and its subplans. Preparation and implementation of the C-ESMP is the contractor responsibility while those for RAP/ARAP and EGEP are the responsibility of GOL. 4. Since this is a 10-year OPBRC, the contractors will be responsible for implementation of the mitigation measure during the first 2-3-year construction phase as well as the following 7-8-year operations and maintenance (O&M) while the construction supervision consultant and/or field engineer (CSC/FE) will be responsible for approval of the C-ESMP and day-to- day monitoring of its implementation compliance. The implementation cost of the C-ESMP will be part of the OPBRC cost while that for RAP and EGEP will be responsible by GOL. 5. During bidding, the bidder will be required to prepare a Management Strategy and Implementation Plan to manage the key environmental, social, health and safety (ESHS- MSIP) risks and impacts. The ESHS-MSIP will collectively comprise an indicative C-ESMP describing the proposed mitigation measures to address environment and social (E&S) risks and impacts. The final C-ESMP which will be prepared by the contractor and approved by
1 The issues and mitigation measures are prepared in line with the requirements outlined in the Environment and Social Management Framework (ESMF) of the second Lao Road Sector Project additional financing (LRSP2- AF) 2 Table A5.2 is to be applied to Package 1 of the OPBRC contract to be financed by World Bank
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PMU/DOR and/or CSC/FE. The C-ESMP may include a number of plans/subplans as agreed between the contractor and CSC/FE and scope of the plan/subplan is provided in Part 3 of the ESCOP (Attachment 6). 6. PMU/DOR and EDPD/PTRI will ensure that (a) the recommendations on road safety and on local flooding and GRM as provided in Sections A5.2 and A5.3 will be integrated into the detailed designs and (b) the guidelines for preparation of C-ESMP provided in Attachments 5, 6, 7, 8, 9 are included in the bidding document (BD) and contract document (CD). PMU/DOR and EDPD/PTRI will also establish a GRM process at MPWT, DPWT, and contractor levels and ensure that the contractor establish and maintain close relations with local authorities and local communities. A5.2 Key Mitigation Measures to be Considered during Detailed Design (a) Road safety 7. A road safety assessment was prepared in late 2019 while preparation of DD and draft BD/CD are on-going. Based on the road safety assessment and discussion during appraisal of NR13S the following measures will be considered: Include the “25 blackspot” recommended in the road safety assessment (Attachment 2b) in the DD, especially those related to installation of appropriate signs, taking into account the recommendations provided in the road safety audit report and also the technical discussion and final agreement between WB and MPWT. It is noted that as of mid-March 2020, WB and MPWT has agreed that widening of the road section at Palai village at Km 91+600 will not be made to reduce impacts on resettlement (many houses need to moved) and that (for the economical reason) there will be no widening of two bridges located at each end of this village (about 1 km from each other). In addition, EDPD/PTRI will work with DPWT and the Department of Transport (DOT) to plan and implement a road safety campaign and pilot activities to promote knowledge and understanding of local road users on road safety regulations and good practices as well as to encourage active participation of local community especially children and women in the road safety activities in area near schools and hospitals located along the NR13S. EDPD/PTRI will also make an effort to provide knowledge and support to DPWT of BKX to enhance their capacity on road safety at community level and ensure proper road rehabilitation including clear vegetation within the Corridor of Impact. (b) Local flooding during construction and operations 8. Installation of pipe culvert and/or raising grade level of road segment could help improving flood resilience, however, measures will be needed to mitigate the potential impacts on flooding during construction and/or operations. During detailed design, construction, and maintenance, the following actions will be considered: Mitigation for localised flooding: Drainage close to residential areas to be re- routed to appropriate existing drainage infrastructure and / or natural water course that can adequately deal with flows; Implementation of temporary flood control measures during the construction phase to safeguard from any unpredicted rainfall
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events; and Flood mapping to be completed to assist with the production of inundation maps for localised area and consequently used for urban planning. Mitigation for roadway flooding: Stormwater drainage and channels will need to be adequately designed to be able to adequately control flow on a regular basis. This is particularly relevant for urban catchments which, modelling suggests, exhibit a ‘peaky’ response due to the high levels of impermeable surfaces. New drainage infrastructure should be integrated with existing drainage where possible; Stormwater drainage and channels will need to be regularly cleared of rubbish and other debris; Construction of overflow drainage systems to adequately deal with irregular high rainfall events. Mitigation for flow alteration: Ensure adequate drainage measures are implemented to approximate natural flow including temporary construction access roads and especially for sections of the road crossing wetlands (box culverts or viaducts recommended); Ensure temporary construction access roads that are no longer required are removed in a timely manner; Phased-construction in flow sensitive areas such as wetlands to minimise flow disturbance; and Plan construction over flow sensitive areas during low flow to minimise flow disturbance. A5.3 Community Consultation and GRM 9. To mitigate potential impacts on local community, community consultation will be made throughout the OPBRC services while grievances will be addressed at the village, district, province, and national levels. The GRM principles and process described in Section 7 of the ESMP report will be applied at all Project levels including contractors. Grievance related to safeguard issues from ethnic groups that result from Project activities will be resolved by the Grievance Redress Committee (GRC). At each level grievance details, discussions, and outcomes will be recorded in a grievance logbook, and the data provided to the GRC for recording in the ‘Grievance and Complaints Logging System’ (GCLS). Status of grievances submitted, and grievance redress will be reported to DPWT management through the monthly reporting as generated by the GCLS. The complainant also retains the right to bypass this procedure and can address a grievance directly to the EDPD/PTRI Office or the National and Provincial Assembly, as provided for by law in Lao PDR as well as to the World Bank through the World Bank’s Grievance Redress Service (GRS). Key requirements can be highlighted below. (a) The GRM process 10. This will be operated as follows: The EDPD/PTRI at the MPWT in Vientiane will host the GCLS. In each Project Province, the Environment and Social Unit (ESU) under the DPWT—who are responsible for monitoring contractors—will assemble records of all complaints, and supply them to the EDPD/PTRI either directly, or by entering into the GCLS. For each province, a ‘Grievance Redress Committee’ (GRC) will be established. The GRC will nominate a secretary who is responsible to monitor and facilitate resolution of complaints.
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The affected peoples (AP) (or his/her representative) may submit his/her complaint in a number of ways e.g. by written letter, phone, SMS messages and email to the GRC or, alternatively, raise his/her voice in a public or individual meeting with project staff. 11. Before construction, PMU/DOR and EDPD/PTRI will establish a GRM mechanism and disseminate information to the public, local communities, and contractor. During construction, contractor will be required to regularly conduct consultation with local community and report to DPWT on GRM implementation. The status of submitted grievances and grievance redress will be reported to Project Manager through the monthly report (seeFigure Attachments 6.1 GRM Process 8 and 9 for forms). Figure 0-1: GRM Process for the NR13 South Project (see main ESMP report) Remarks
*The GRC will meet to try and resolve the matter at community Local level and make a recommendation within 7-10 Resolution Measures working days from receipt of complaint. If there is no decision after 10 days, the AP Solved End can refer the complaint to the Director of DPWT in the province who will then address the complaint and respond to the If NOT complainant within 20 days.
Grievance Redress Committee *All submitted complaints and (Project Level) grievances will be entered into the GCLS within two working days of being received by the Solved in 10 End PMU and ESU/DPWT. Each complaint and grievance will be days? ranked, analyzed and monitored according to type, accessibility If NOT and degree of priority. The status of grievances submitted, and DPWT grievance redress will be reported by ESU/DPWT in collaboration with PMU. The Solved in End GCLS web site will display data 20days? on resolution rates which will enable the communities to be kept informed of progress of If NOT resolution of grievances. Individuals will be notified If still unresolved, APs may choose to exercise their right under Lao within 5 working days of the status of their grievance once it PDR law to refer the matter to a court of law. has been addressed by the appropriate parties.
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Figure 0-2: GCLS process as part of the GRM
A5.4 Implementation Arrangement 12. The Project-ESMP implementation arrangement, capacity building and training, and budget arrangement will be implemented according to Section 8 of the ESMP report. To ensure effective implementation of these activities on the ground, priority actions will be as follows: DPWT will establish a Monitoring Working Groups (MWG) comprising ESU/ DPWT, PONRE, LWU, and other related local authorities to be responsible for undertaking periodic monitoring of the ESMP, ARAP, and EGEP implementation including GRM tracking and Contractor performance of the approved C-ESMP. EDPD/PTRI will (a) provide specific guidelines and more extensive training and capacity building on occupational and community health and safety (OCHS) to DPWT, PONRE, contractors, and the MWG, including ways for achieving effective site management and use of Personal Protection Equipment (PPE), active participation of local communities, and effective application of GRM record; (b) review/revise the current monitoring and reporting forms to enhance effectiveness of the monitoring and reporting process; and (c) ensure that adequate budget can be transferred to the ESU/DPWT and the MWG and timely submission of the ESS monitoring report.
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Table A5.1 Key issues and mitigation measures during preconstruction, construction, and O&M phases *For NR13S, the CSC/FE will be the Implementation Support and Works Supervision Consultant (ISWS) to be mobilized by the Project Management Unit (PMU) of the Department of Road (PMU/DOR)
# Activities causing Mitigation Measures Action Plan and Responsible Entities Monitoring Remarks impacts Indicators Preconstruction Phase 1 Relocation of small Prepare and implement RAP/ARAP. WB PMU/DOR and EDPD/PTRI No unresolved RAP/ARAP and structure and facilities clearance of the RAP/ARAP will be assisted by the detailed design complaints. EGEP are and small land required before implementation. consultant (LTEC) is preparing prepared as a acquisition may cause If VEG are present in the Project site RAP. All complaints standalone adverse impacts on and/or affected by the Project activities, an PMU/DOR and EDPD/PTRI will and corrective document local land user and/or EGEP will be prepared and implemented. assist the local authorities and actions are local people, WB clearance of the EGEP will be required ensure effective and timely properly recorded especially the before implementation. implementation of RAP. in the GRM vulnerable ethnic Establish and operationalize Project EDPD/PTRI will prepare EGEP record groups (VEG) Grievance Redress Mechanism (GRM). and monitor its implementation. DPWT and EDPD/PTRI will establish and ensure effective operations of GRM 2 Relocation of public Early consultation with the public utility PMU/DOR and Contractor to Timely completed This can be part utilities owner and local community since it will prepare PURP and implemented the of the works site involve relocation cost. PURP. clearance plan Prepare a Public Utility Relocation Plan (PURP) and take appropriate actions to minimize impacts on local peoples. 3 Works execution can Prepare and implement specific plans that Contractor to prepare and See indicators under See below and increase dust, noise, can reduce the negative impacts be applied implement the C-ESMP and its construction below ESCOP vibration, and other throughs the preparation of C-ESMP and subplans impacts on local ESCOP and COC CSC/FE will approve and regularly
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environment and local monitor the implementation and community report results to PMU/DOR and DPWT 4 UXO risk Even though the risk is low, but PMU/DOR and EDPD/PTRI in No accident due to Also see borrow consultation with local community/ agency coordination with DPWT UXO pits plan in will be made. Contractors ESCOP 5 Others Include mitigation measures in detailed PMU/DOR and EDPD/PTRI to ensure Measures are Also see and designs to mitigate potential negative that proper measures are included in considered in DD ESCOP impacts during O&M, esp. those related to detailed design (DD) road safety risk and local flooding. Construction phase 1 Establishment and Ensure that the sites for campsite are Contractor prepare and implement Location of the Also see related operation of worker approved by the Project and local plan to management worker camp work camp plans in ESCOP camps could increase authority; Selection of the camp sites should be shown Part 3 waste generation, should be made through tripartite CSC/FE will review and approve in the alignment water pollution, and consultation including community, the plan and monitor its sheet and C- disturbance and other Contractor, and the subproject implementation and report results ESMP. direct and indirect representative. to PMU/DOR and DPWT No complaints social impacts to local Ensure that basic camp facilities are from local community provided including security, septic tanks, authorities and latrines, safe water supply, mosquito net, local residents blanket, safe paths, fire prevention due to location equipment, etc. and activities of Ensure that (a) washing areas, demarcated the worker and water from washing areas and kitchen camps. is released in sumps, (b) septic tanks of appropriate design have been used for *Safe and sewage treatment and outlets are released comfortable living of into sumps and must not create a pond of staff and workers stagnant water, and (c) the latrines, septic
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tanks, and sumps are built at a safe distance from water body, stream, or dry streambed, and the sump bottom is above the groundwater level. Details will be included in the C-ESMP under the Worker Camp Management Plan (WCMP) 2 Establishment and Ensure that the locations are far away from Contractor prepare and implement Proper management Also see related operation of residential areas and take actions to plan on waste management of the site and no plans in ESCOP construction materials mitigate dust, noise, vibration, water CSC/FE will review and approve complaints from Part 3 and equipment yards pollution, waste, etc. the plan and monitor its local authorities and and access roads Implement measures indicated in related implementation and report to residents would increase dust, subplans described in ESCOP PMU/DOR and DPWT noise, vibration, safety, and disturbance to local people 3 Disposal of waste Recycle metallic, glass waste; burry Contractor prepare and implement No health issue Also see related generated from project organic waste in impervious pit covered plan on waste management occurred. plans in ESCOP sites and workers with soil. CSC/FE will review and approve Clean work sites Part 3 camp may increase Ensure that waste material is properly the plan and monitor its and worker camp health issues to local disposed off in a manner that does not implementation and report to people and unclean affect the natural drainage. PMU/DOR and DPWT environment 4 Access tracks/ haulage The moving machinery should remain Contractor prepare and implement Also see related routs within the project boundary. plan on traffic and transport plans in ESCOP Ensure that the access tracks, which are management No complaints from Part 3 prone to dust emissions and disturbance to local residents local resident are managed by water CSC/FE will review and approved regarding dust, noise, spraying daily and the areas sensitive to the plan and monitor its vibration, road noise and vibration are managed through implementation and report to safety, and the usage
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enforcement of speed limit control. PMU/DOR and DPWT of the tracks/access After completion of construction work all roads the damaged roads / tracks will be restored by the Contractor, as it is Contractor’s obligations. Ensure that surface run-off controls are installed and maintained to minimize erosion. Restriction on movement of Contractor’s vehicles on designation routes; deploy traffic man at the village to control the traffic as needed. 5 Hiring skilled workers Hiring of workers from the local Contractor prepare and implement Number of local Also see related from outside of the communities as much as possible. plan on labor management workers at the plans in ESCOP locality can create worksite. Part 3 social conflicts with local peoples 6 Poor workers safety Provide protective clothing and equipment Contractor prepare and implement Safe working Also see related and hygienic for workers especially those handling plan on occupational and conditions plans in ESCOP conditions may cause hazardous materials, (helmets, adequate community health and safety Part 3 accidents and illness of footwear) for concrete works (long boots, CSC/FE will review and approved workers and/or create gloves), for welders (protective screen, the plan and monitor its poor health and other gloves dungaree), etc. implementation and report to social issues to local PMU/DOR and DPWT peoples 7 Water for staff and Provide adequate and safe water for Contractor prepare and implement Water tanker and Also see related workers consumption consumption at sites and work camp. plan on work yard/camp pump provided by plans in ESCOP and construction CSC/FE will review and approve the Contractor Part 3 the plan and monitor its implementation and report to PMU/DOR and DPWT
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8 Interruption of water Inform residents and provide water supply Contractor take action No complaint from Also see related supply as needed. residents plans in ESCOP Part 3 9 Social issues Ensure that conflicts with local authorities Contractor prepare and implement No social conflicts Also see related and local communities are avoided. plan on labor management due to the subproject plans in ESCOP Ensure that focus group meetings are CSC/FE will review and approve activities and/or Part 3 conducted with both men and women to the plan and monitor its workers. identify any water related and other issues implementation and report to related to the subproject implementation. PMU/DOR and DPWT 10 Storage of Provide hard compacted, impervious and Contractor prepare and implement No health hazard and Also see related hazardous bounded flooring to hazardous material plan on construction site water contamination plans in ESCOP material (including storage areas; Label each container management occurred. Part 3 wastes) indicating what is stored within; Train staff CSC/FE will review and approve in safe handling techniques. the plan and monitor its implementation and report to PMU/DOR and DPWT 11 Construction activities; Ensure that no contaminated effluent is Contractor prepare and implement No oil spill observed Also see related handling of fuels, oil released in to the environment. plan on construction site plans in ESCOP spell and lubricants Ensure that fuels, oils, and other hazardous management Part 3 substances handled and stored according to CSC/FE will review and approve standard safety practices such as secondary the plan and monitor its containment. implementation and report to Fuel tanks should be labeled and stored in PMU/DOR and DPWT impervious lining and dykes etc Ensure that vehicle refueling to be planned on need basis to minimize travel and chance spills. Ensure that operating vehicles are checked regularly for any fuel, oil, or battery fluid leakage.
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12 Cutting of trees in the To get agreement of the local community Contractor prepare and implement No complaints from Also see related right of way where and community plan for site clearance, excavation, local authority and/or plans in ESCOP required restoration, etc. residents. Part 3 CSC/FE will review and approve 13 Excavation of Proper compaction and water sprinkling the plan and monitor its Erosion and dust Also see related channels implementation and report to emission minimized plans in ESCOP 14 Disposal of excavated Stockpile the excavated material to non- PMU/DOR and DPWT Minimum loss of Part 3 material agriculture and in a minimum area and habitat away from storm water 15 Loss of fertile soil and Remove surface soil of the location, Contractor prepare and implement River banks vegetation; impacts on stocked in a proper place and once the plan for site clearance/restoration stabilized and re- natural vegetation and construction is finished, put the soil back CSC/FE will review and approve vegetated embankment erosion on that place. The leftover spoil soil should the plan and monitor its along the watercourse. be collected and kept aside for implementation and report to rehabilitation of the site at later stage of PMU/DOR and DPWT the work; re-vegetate the embankments with indigenous plant species 16 Dust and smoke All truckloads of loose materials are Contractor prepare and implement Dust and smoke Also see related emissions covered during transportation. Water plan for environmental quality controlled plans in ESCOP spraying or any other methods are used by management Part 3 (EQMP) the Contractor to maintain the works areas, CSC/FE will review and approve adjacent areas, and roads, in a dustless the plan and monitor its condition, as well the vehicle speed not to implementation and report to be exceeded from 30Km/h. Vehicles will PMU/DOR and DPWT be tuned regularly to minimize the smoke emissions. 17 Noise pollution, Vehicles and equipment used to be fitted, Excessive noise Also see related Vibration as applicable, and with properly generation controlled plans in ESCOP maintained silencers. Restriction on loudly Part 3 (EQMP) playing radio/tape recorders etc.
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18 Excavation of borrow Excavate borrow soil up to maximum Contractor prepare and implement Borrow area Also see related areas depth of 0.5m; with slope boundaries plan for quarry and borrow pit rehabilitated as per plans in ESCOP management plan specification Part 3 19 Rehabilitation of Proper rehabilitation of borrow pits; CSC/FE will review and approve Borrow areas borrow pits Removal and storage of top 15 cm top soil the plan and monitor its rehabilitated having organic materials and spreading it implementation and report to back during restoration of borrow area PMU/DOR and DPWT
20 Encountering The subproject field supervisor (CSC or Contractor to follow “chance finds The report from the See “chance archaeological sites filed engineer) will halt the work at the site procedure” in ESCOP CSC/FE, community, find procedures” during earth works and inform to the regional team leader and CSC/FE will review and approve and contractor in ESCOP Archaeological Department immediately. the plan and monitor its implementation and report to PMU/DOR and DPWT 21 Aesthetic/ scenic Carry out complete restoration of the Contractor to follow all ESS Cleanliness and See all relevant quality construction sites. requirements in ESCOP tidiness of works plans in ESCOP Remove all waste, debris, unused CSC/FE will review and approve sites and work camp construction material, and spoil from the the plan and monitor its worksites. implementation and report to PMU/DOR and DPWT
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Table A5.2 Site Specific-ESMP (Alignment Sheet) for Package 1 (KM71+000 to KM111+000)
[*Note: The final works and the actual impacts and specific mitigations at each specific site, especially those related to relocation and compensation will be updated per the final design. To reduce impacts on relocation and compensation, WB and MPWT has agreed that widening of the road section at Palai village at Km 91+600 (will involve significant impact related to resettlement, many houses need to moved, thus it will not be widening while (for economic reason), widening of the two bridges located at each end of this village (about 1 km from each other) and widening road section in this village is unlikely to be priority. And for many other recommendations needs to incorporate into design.]
Works per Location Mitigation Measures during Mitigation Measures during Conceptual Site Location Key Project Impacts* Remarks (KM) Construction Phase O&M Phase Design*
Negative impacts on Provide fish passage route and/or Regular monitoring of This action Widening of community aquatic structure during design and culverts, hydrology and will address
Existing Road resources. construction. erosion control during existing road safety from 9m Nam Hong Significant increases in Appropriate hazardous waste operational phase. and to12m, except 71+000- Houay Sayphay total suspended solids in management. bottleneck. Km 91+600 to 111+025 downstream watercourses Erosion and sediment control 92+200 will Houay Namhi during construction. keep the 9m See ESCOP Nam Mang Minimize the amount of exposed, existing width for erodible surfaces; Limit earthworks mitigating to limit the Nam Ching to dry season. negative relocation Nam Lo Contamination of Effective stormwater treatment Routine monitoring impacts impacts surface water impacting systems will remove pollutants a including visual inspections Nam Kap terrestrial and aquatic prevent ground recharge and ‘toolbox’ meetings with Nam Thouy ecology; Local population Develop and implement local communities to ensure emergency spill procedures; management measures are Houay Water quality monitoring during employed adequately during Dongkam construction (if needed). operations. Nam Ngiap Limit asphalting/concreting works to dry weather/season; Use of staging techniques prior to maintenance works (e.g. covering
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Works per Location Mitigation Measures during Mitigation Measures during Conceptual Site Location Key Project Impacts* Remarks (KM) Construction Phase O&M Phase Design*
storm drain inlets; use of drip pans and absorbent material on paving
machines). B Soil erosion Material that is less susceptible to Repair eroded areas Also see XAISAVANG visual amenity erosion will be selected for placement identified during monitoring ESCOP B LAOKHA around bridges and culverts. immediately. Re-vegetation of exposed areas Planting of rehabilitated / B NAKENE including; (i) selection of fast revegetated areas where B PHABATH growing and grazing resistant species significant die-off has of local flora; (ii) immediate re- occurred, or vegetation has B SOMSA ART vegetation of all slopes and yet to establish. B embankments if not covered with THANGBENG gabion baskets; (iii) placement of fiber mats to encourage vegetation B XAYSAVAN growth. B OUDOMXAI The CSC/FE and the Contractor will both be responsible for ensuring B PHAPONG that embankments are monitored B PALAI* continuously during construction for signs of erosion. B THABOK Relocation & Complete the compensation and DPWT to ensure that no B Compensation for: relocation before starting the works. new encroachment and proper See PHONSAVAN management of existing Land: 188 m2 RAP/ARAP ROW B SISOMXAI Houses: 2 houses and EGEP B NAMLO Shops, Hut and Guard house: 111 buildings
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Works per Location Mitigation Measures during Mitigation Measures during Conceptual Site Location Key Project Impacts* Remarks (KM) Construction Phase O&M Phase Design*
Others structures: Also see Fence, pipe culverts, note* for the concrete slab and signs. WB & Crops: 55 trees MPWT agreement Public utilities: Electric on limited pole, pipe culverts, concrete widening in slab, National optic cable Ban Palai and the two bridges
71+707- New B Long-term water Ensure adequate drainage Stormwater drainage and This will 107+150 Reinforcement XAISAVANG diversion channels measures are implemented to channels will need to be create concrete U approximate natural flow including regularly cleared of rubbish positive B LAOKHA impacts. Ditch 23m- pool/riffle channel design; and other debris during
616m:29m B NAKENE Drainage close to residential areas operation. B PHABATH to be re-routed to appropriate existing See natural water course that can ESCOP for B SOMSA ART adequately deal with flows; mitigating negative Stormwater drainage and B impacts THANGBENG channels will need to be adequately designed to be able to effectively B XAYSAVAN control flow on a regular basis during B OUDOMXAI operations. Construction of overflow B PHAPONG drainage systems to adequately deal with irregular high rainfall events
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Works per Location Mitigation Measures during Mitigation Measures during Conceptual Site Location Key Project Impacts* Remarks (KM) Construction Phase O&M Phase Design*
B PALAI* Relocation & Complete the compensation and DPWT to ensure that no Compensation for: relocation before starting the works new encroachment and proper B THABOK See Shops, Hut and Guard management of existing RAP/ARAP B house: 77 buildings ROW and EGEP PHONSAVAN Others structures:
B SISOMXAI Fence, pipe culverts, concrete slab and signs. Also see Crops: 55 trees note* for the Public utilities: Electric WB & pole, pipe culverts, concrete MPWT slab, National optic cable agreement on limited widening in Ban Palai and the two bridges
71+412- Extension of B Long-term water Pipe culverts are designed Where possible, all 110+347 Pipe Culverts XAISAVANG diversion channels adequately to convey water from catchment flows should be 2m-12m: 16 B LAOKHA upslope drainage ditches / swales to a retained in the original source point discharge point (with outlet sub-catchment to minimise B NAKENE protection). Ditch relief culverts impacts on local hydrology. New Pipe minimise the potential for erosion of Ensure adequate drainage Culverts 21m- B PHABATH roadside ditches by minimising measures are implemented to 58m:16 point B SOMSA ART concentration and velocity of flow in approximate natural flow. B roadside drainages. Plan construction over-flow
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Works per Location Mitigation Measures during Mitigation Measures during Conceptual Site Location Key Project Impacts* Remarks (KM) Construction Phase O&M Phase Design*
THANGBENG sensitive areas during low flow to minimise flow disturbance. B XAYSAVAN Relocation and Complete the compensation and DPWT to ensure that no See B OUDOMXAI Compensation for: relocation before starting the works new encroachment and proper RAP/ARAP management of existing and EGEP B PHAPONG Land: 188 m2 ROW Houses: 2 houses B PALAI* Also See Shops, Hut and Guard note* for the B THABOK house: 111 buildings WB & B Others structures: MPWT PHONSAVAN Fence, pipe culverts, agreement concrete slab and signs. B SISOMXAI on limited Crops: 55 trees widening in B NAMLO Public utilities: Electric Ban Palai pole, pipe culverts, concrete and the two slab, National optic cable bridges 72+650- New Bridge Houay Temporary disturbance Divert the water flow near the Ensure inlets / outlets are This will 73+725 Construction 2 NamHong and erosion of soils in the bridge piers. preventing channel scour and create Bridge; Length Bridge broader right of way during Provide coffer dams, silt fences, basin banks / receiving positive impacts. 25m, Width construction may contribute sediment barriers or other devices to channels are stable / not
12.80m to the disruption of prevent migration of silt during eroding. Houay Saiyphay waterways and possibly construction within streams. See Bridge reduce the capacity of Perform dewatering and cleaning ESCOP for mitigating B existing drainage of cofferdams to prevent siltation by negative structures; and pumping from cofferdams to a XAISAVANG impacts settling basin or a containment unit. B LAOKHA Carry out bridge construction
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Works per Location Mitigation Measures during Mitigation Measures during Conceptual Site Location Key Project Impacts* Remarks (KM) Construction Phase O&M Phase Design*
works without interrupting the traffic on the Project Road with the provision of suitable diversions. Ensure no waste materials are dumped in the river, including re- enforced concrete debris. Place generators more than 20 meters from the river. Ensure that no concrete waste is dumped in the river. Carefully collect all polystyrene (from expansion joints) so that it does not litter the local environment. Ensure that no hazardous liquids are placed within 10 meters of the river. Potential impact on road Provide information to the public Improvement in regional safety about the scope and schedule of accessibility and connectivity. See ESCOP construction activities and expected EDPD/PTRI and DPWT disruptions and access restrictions. in consultation with DOT will Allow for adequate traffic flow conduct road safety meetings around construction areas. and campaigns Provide adequate signalization, appropriate lighting, well-designed traffic safety signs, barriers and flag persons for traffic control.
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Works per Location Mitigation Measures during Mitigation Measures during Conceptual Site Location Key Project Impacts* Remarks (KM) Construction Phase O&M Phase Design*
Access roads for borrow pits, batching plants, etc., should be maintained during the construction phase and rehabilitated at the end of construction. Relocation & Complete the compensation and DPWT will keep the ROW See Compensation for: relocation before starting the works clear of new encroachment RAP/ARAP and effectively manage and EGEP Others structures: 2 existing ROW shops, 1 guard house Crops: 25 industrial trees Public utilities: electric poles 72+450 - - New B Potential impact on land The Contractor, in coordination No impact during 74+775 Alignment XAISAVANG use with the DOR and the Provincial operation. B LAOKHA government, will set aside a specific However, DPWT will area for road vendors to continue to keep the ROW clear of new operate throughout the construction encroachment and effectively phase. manage existing ROW The contractor will not undertake works until the vendors have been relocated by the Government out of the construction zone, in accordance with the requirements of the resettlement plan. The area will be located within at
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Works per Location Mitigation Measures during Mitigation Measures during Conceptual Site Location Key Project Impacts* Remarks (KM) Construction Phase O&M Phase Design*
least 50 meters of the project road and should be sized to accommodate all road vendors. The site will be clearly signposted for traffic and an all-weather track provided to the site with parking space. This should be in line with measures proposed in the RAP. The contractor will not undertake works until the residents have been relocated by the Government out of the construction zone, in accordance with the requirements of the resettlement plan. Potential impact on Access to businesses must be No impact during roadside vendors and maintained at all times throughout the operation. businesses construction period. This means that However, DPWT will the contractor must prepare dedicated keep the ROW clear of new temporary pathways to all businesses encroachment and effectively that might otherwise be cut off from manage existing ROW the road during the construction phase. The pathways must be wide enough to allow access to the business and must be kept free of mud and construction debris and should not be liable to flooding. The contractor will not undertake
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Works per Location Mitigation Measures during Mitigation Measures during Conceptual Site Location Key Project Impacts* Remarks (KM) Construction Phase O&M Phase Design*
works until the businesses have been relocated by the Government out of the construction zone, in accordance with the requirements of the resettlement plan. Potential impact on Access to residential properties No impact during residential property must be maintained at all times operation. Also see throughout the construction period. However, DPWT will ESCOP This means that the contractor must keep the ROW clear of new prepare dedicated temporary encroachment and effectively pathways to all properties that might manage existing ROW otherwise be cut off from the road during the construction phase. The pathways must be wide enough to allow access to the properties and must be kept free of mud and construction debris and should not be liable to flooding. Damage to residential, commercial or other property will be promptly fully compensated at replacement cost. Relocation and Complete the compensation and DPWT to ensure that no See Compensation for: relocation before starting the works new encroachment and RAP/ARAP proper management of and EGEP Others structures: 2 existing ROW shops, 1 guard house
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Works per Location Mitigation Measures during Mitigation Measures during Conceptual Site Location Key Project Impacts* Remarks (KM) Construction Phase O&M Phase Design*
Crops: 25 industrial trees Public utilities: electric poles 72+450 - Raise Grade B Potential traffic safety Safe road design and construction Improvement in regional This will 74+775 Level for XAISAVANG issues including safety signage and speed accessibility and connectivity. create Inundation positive B LAOKHA limits. Conduct road safety Road campaign periodically. impacts. Segments See ESCOP for mitigating negative impacts
Changed road Develop and implement Traffic Improvement in regional This is conditions during Management Plans (TMPs) for accessibility and connectivity. positive construction impacting on construction. impacts. efficiency of travel modes Conduct early consultation with and potential road safety affected communities during construction to allow planning for See ESCOP potential changes in trip patterns. for mitigating negative Ensure appropriate signage is impacts installed regarding diversions or alternative access routes. Relocation and Complete the compensation and DPWT to ensure that no See Compensation for: relocation before starting the works new encroachment and proper RAP/ARAP
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Works per Location Mitigation Measures during Mitigation Measures during Conceptual Site Location Key Project Impacts* Remarks (KM) Construction Phase O&M Phase Design*
- Others structures: 2 management of existing and EGEP shops, 1 guard house ROW Crops: 25 industrial trees Public utilities: electric poles B LAOKHA Long-term water Pipe culverts are designed Where possible, all This will 73+286- New Pipe diversion channels adequately to convey water from catchment flows should be create 109+705 B NAKENE Culverts of upslope drainage ditches / swales to a retained in the original source positive Access Road B PHABATH discharge point (with outlet sub-catchment to minimise impacts. 10m-29m:35 protection). Ditch relief culverts impacts on local hydrology. B SOMSA ART point minimise the potential for erosion of Ensure adequate drainage B See ESCOP roadside ditches by minimising measures are implemented to THANGBENG for mitigating concentration and velocity of flow in approximate natural flow. negative B XAYSAVAN roadside drainages. Plan construction impacts over-flow sensitive areas during low B OUDOMXAI flow to minimise flow disturbance.
B PHAPONG Relocation and Complete the compensation and DPWT to ensure that no See
Compensation for: relocation before starting the works new encroachment and proper RAP/ARAP B PALAI* management of existing and EGEP Land: 188 m2 B THABOK ROW Houses: 2 houses
B Shops, Hut and Guard
PHONSAVAN house: 111 buildings Others structures: B SISOMXAI Fence, pipe culverts,
B NAMLO concrete slab and signs.
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Works per Location Mitigation Measures during Mitigation Measures during Conceptual Site Location Key Project Impacts* Remarks (KM) Construction Phase O&M Phase Design*
Crops: 55 trees Public utilities: Electric pole, pipe culverts, concrete slab, National optic cable 75+400 New Ditch B NAKENE Long-term water Ensure adequate drainage Stormwater drainage and This will Lining 275m: diversion channels measures are implemented to channels will need to be create 1 point approximate natural flow including regularly cleared of rubbish positive pool/riffle channel design; and other debris during impacts. Drainage close to residential areas operation. to be re-routed to appropriate existing natural water course that can See ESCOP adequately deal with flows; for mitigating negative Stormwater drainage and impacts channels will need to be adequately designed to be able to effectively control flow on a regular basis during operations. Construction of overflow drainage systems to adequately deal with irregular high rainfall events Relocation and Complete the compensation and DPWT to ensure that no See Compensation for: relocation before starting the works new encroachment and proper RAP/ARAP management of existing and EGEP 5 shops ROW Others structures: concrete slab Crops: 2 fruit trees
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Works per Location Mitigation Measures during Mitigation Measures during Conceptual Site Location Key Project Impacts* Remarks (KM) Construction Phase O&M Phase Design*
000+92 Waste Nam Mang Potential soil For disposal areas: detailed Monitor to ensure treatment plant contamination in adjacent procedures should be developed with appropriate waste disposal. B PALAI* See Waste areas. location map and building plan (if Management applicable) and pre-approved by Plan and PMU and submitted to PONRE for ESCOP confirmation. Where waste cannot be re-used or recycled, district landfill sites will be used for the disposal of general Project wastes. Hazardous wastes will be disposed of in the appropriate manner according to waste type. Burial of hazardous wastes, liquid or semi-solid wastes (including sewage slurry, grey water, sewage treatment sludge, medical waste, hydrocarbon products, hydrocarbon or chemical contaminated soils) is only allowed if there is no other viable alternative such as treatment / disposal, recycling, reprocessing or composting. Disposal of these wastes will comply with statutory obligations and will not adversely impact human health or the
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Works per Location Mitigation Measures during Mitigation Measures during Conceptual Site Location Key Project Impacts* Remarks (KM) Construction Phase O&M Phase Design*
environment.
Relocation and Complete the compensation and DPWT to ensure that no See Compensation for: relocation before starting the works new encroachment and proper RAP/ARAP management of existing and EGEP 10 shops ROW Others structures: 10 pipe culverts Crops: 4 fruit trees 94+500- Extension of B THABOK Long-term water Pipe culverts are designed Where possible, all This will 104+278 Box Culverts diversion channels adequately to convey water from catchment flows should be create B 5m-10m: positive PHONSAVAN upslope drainage ditches to a retained in the original source 4point discharge point (with outlet sub-catchment to minimize impacts. protection). Ditch relief culverts and impacts on local hydrology. minimize potential erosion of Ensure adequate drainage roadside by decreasing concentration measures are implemented to See ESCOP for mitigating and velocity of flow in roadside approximate natural flow. negative drainages. impacts Plan construction over-flow in sensitive areas during low flow to minimize flow disturbance. Relocation and Complete the compensation and DPWT to ensure that no See Compensation for: relocation before starting the works. new encroachment and proper RAP/ARAP Timely and effectively prepare management of existing and EGEP Land: 65 m2 and implement RAP/ARAP. ROW 2 houses, 25 shops Detailed on the process, amount, and Others structures: fence, type of compensation will be
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Works per Location Mitigation Measures during Mitigation Measures during Conceptual Site Location Key Project Impacts* Remarks (KM) Construction Phase O&M Phase Design*
pipe culvert and signs provided in RAP/ARAP Crops: 6 fruit trees 95+500 New Curve B THABOK Potential traffic safety Safe road design and construction Improvement in regional This will radius issues including safety signage and speed accessibility and connectivity. create
limits. See potential traffic road positive If possible, conduct a road safety safety issues in Attachment 2 impacts. campaign with local authorities and See ESCOP communities for school children and for mitigating local resident. negative impacts
Relocation and Complete the compensation and DPWT to ensure that no See Compensation for: relocation before starting the works new encroachment and proper RAP/ARAP management of existing and EGEP Land: 65 m2 ROW 2 houses, 25 shops Others structures: fence, pipe culvert and signs Crops: 6 fruit trees 94+325 - Raise Grade Potential traffic safety Safe road design and construction Conduct road safety Also see 95+100 Level for issues and change of local including safety signage and speed campaign periodically. ESCOP B THABOK Inundation flooding pattern limits. 95+450 - Take appropriate actions Road B 95+800 Take appropriate actions when when local flooding occurs Segments PHONSAVAN local flooding occurs 102+025 B SISOMXAI Changed road Develop and implement Traffic Improvement in regional This will - conditions during Management Plans (TMPs) for accessibility and connectivity. create construction impacting on construction. positive
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Works per Location Mitigation Measures during Mitigation Measures during Conceptual Site Location Key Project Impacts* Remarks (KM) Construction Phase O&M Phase Design*
106+300 B NAMLO efficiency of travel modes Conduct early consultation with impacts. and potential road safety affected communities during 110+150 construction to allow planning for - See ESCOP 111+000 potential changes in trip patterns. Ensure appropriate signage is for mitigating installed regarding diversions or negative alternative access routes. impacts Relocation and Complete the compensation and DPWT to ensure noe new Compensation for: relocation before starting the works encroachment and proper See management of existing Land: 188 m2 RAP/ARAP ROW 4 Houses, 40 shops and EGEP Others structures: fence, pipe culverts Crops: 13 fruit trees
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ATTACHMENT 6 NR13S ESCOP
1. This attachment presents a generic Environment and Social Code of Practices (ESCOP) to be applied during the preparation of the contractor’s Environmental and Social Management Plan (C-ESMP) to be prepared and implemented by contractor. This ESCOP is considered part of the Project-ESMP and it will be incorporated into the bidding document (BD) and contract document (CD) while the implementation cost will be part of the contract cost (OPBRC). The ESCOP will be implemented in connected with the code of conduct on gender-based violation and violence against children (COC on GBV/VAC) provided in Attachment 7 and the generic forms provided in Attachments 8 and 9. It has also taken into account the recommendations provided on the road safety (Attachment 2b) and other mitigation measures described in the ESMP report (Section 5) and results from the consultation meetings in late 2019 (Section 7). 2. The Project Management Unit of Department of Road (PMU/DOR) will assign the Construction Supervision Consultant (CSC)3 and/or Field Engineer (CSC/FE) to supervise and monitor Contractor’s compliance with ESCOP on a day-to-day basis while assigning at least one full time staff (the Environment and Social Unit, ESU/DWPT) to be responsible for conducting monthly monitoring and reporting. The Department of Road (DOR), the Environment Research and Disaster Prevention of the Public Works and Transport Institute (EDPD/PTRI), the local authorities (PONRE/DONRE), and local communities will conduct periodic (quarterly and semi-annual) monitoring of contractor performance, as needed. DPWT assisted by CSC/FE will be responsible for review and approval of the C-ESMP and its subplans to be prepared and submitted by contractors and ensuring its compliance during implementation of road maintenance works. 3. Objective and scope of ESCOP: The ESCOP aims to mitigate the potential negative impacts of road maintenance works such as increased in air, noise, vibration, waste generation, safety risks, local traffic, etc. which could be mitigated through good environmental and social management and construction practices in general. Site-specific measures and/or plan/subplan can be prepared to address site-specific issues that require specific actions as requested by local authorities, local communities, PMU/DOR, World Bank (WB) and/or other financing agencies during the preparation and clearance of the C-ESMP and other safeguard documents (RAP, EGEP). In summary, the ESCOP comprise the following 3 parts4: a. Part (1) General Provision and Planning. This part describes general provision and basic principles on contract management including roles and responsibility of the project owner (PMU/DOR), contractors, CSC/FE, EDPD/PTRI, and local authorities. It has also incorporated the mitigation measures for the pre- construction phase as proposed in the ESMP report (Section 5).
3 For NR13S, the CSC will be the Implementation Support and Works Supervision Consultant (ISWS) and this responsibility will be included in the TOR of the ISWS. 4 The ESCOP has taken into account the requirements described in generic ECOP of the ESMF of LRSP2-AF.
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b. Part (2) ESS Specific Requirements. This part describes specific environment and social safeguard (ESS) requirements and/or actions as required by WB, GOL, and key measures to be considered during detailed design and preparation of bidding and contract documents as well as those that may be requested by local authorities/ communities during implementation and/or supervision. c. Part (3) Works Management and Monitoring. This describes the mitigation measures to reduce potential negative impacts on air, noise, vibration, water, etc. to be implemented during works execution through the preparation and implementation of specific management plans/subplans taking into account the activities, potential impacts, and mitigation measures proposed in the ESMP Section 5. 6. This ESCOP Part (2) has incorporated specific requirements of the WB regarding the “chance find procedures” and the “occupational and community health and safety (OCHS)” including other social obligations to ensure safety of workers and local communities. The concerns/suggestions expressed by local authorities and communities during consultation have also been considered.
Part (1): General Provision and Planning
Section (1.1) Contractor responsibility 7. The Contractor is responsible for making best effort to reduce and mitigate the potential negative impacts on local environment and local resident including making payment for all damages that may occur. Performance of the Contractor will be regularly supervised and monitored by the CSC/FE as well as periodic monitored by PMU/DOR (through the ESU/DPWT) and EDPD/PTRI. Results of the ESCOP compliance monitoring will be included as part of the project progress report. Compliance with ESCOP will be required throughout the construction period. 8. For clarity, the term “works” and/or “construction” in this document includes all site preparation, demolition, spoil disposal, materials and waste removal and all related engineering and construction activities. 9. Since this is a 10-year OPBRC, the contractors will be responsible for implementation of the mitigation measure during the first 2-3 year construction phase as well as the following 7-8 year operations and maintenance (O&M) while the construction supervision consultant (CSC) and/or field engineer will be responsible for approval and day-to-day monitoring of the C-ESMP implementation and ensure compliance. The implementation cost of the C- ESMP will be part of the OPBRC cost while that for RAP and EGEP will be responsible by GOL. The ESS requirements described in The Project-ESMP5 as well as GOL requirements/ conditions during approval of the Initial Impacts Examination (IEE) and issuance of the
5 This include Attachment 2b (road safety), Attachment 5 (issues and mitigation and the Alignment Sheet, Attachment 6 (ESCOP), Attachment 7 (COC), and Attachments 8 and 9 (accident report and GRM forms).
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Environment and Compliance Certificate (ECC) will be considered during the preparation and approval of the C-ESMP and its subplans.
Section (1.2) Non-compliance reporting procedures 10. The Contractor (and its subcontractors if any) must comply with this ESCOP. To ensure that necessary action has been undertaken and that steps to avoid adverse impacts and/or reoccurrence have been implemented, the CSC/FE, the ESU/DPWT, and/or the Contractors must advise the PMU/DOR and EDPD/PTRI within 24 hours of any serious accidents and/or incidents of non-compliance with the ESCOP that may have serious consequence. In the event of working practices being deemed dangerous either by the CSC/FE, PMU/DOR, EDPD/PTRI, the local authorities, or the other concerned agencies, immediate remedial action must be taken by the Contractors. The Contractors must keep records of any incidents and any corrective action taken. The records on non-compliance that could be practically addressed (not cause serious impacts) will be reported to the CSC/FE and PMU/DOR on a monthly basis. 11. The Contractor will be responsible for dealing with any reports/grievance requested by the CSC/FE, PMU/DOR, EDPD/PTRI, Police, or other agencies as soon as practicable, preferably within 24 hours of receipt. The CSC/FE will monitor and ensure that the Contractor has taken appropriate action. Where appropriate, approval of remedial actions may require an agreement from the local authorities and/or other Government agencies. Procedures should be put in place to ensure, as far as is reasonably practical, that necessary actions can be undertaken to avoid recurrence and/or serious damage (also see form in Attachment 8). 12. In case the Contractor does not comply with local regulations, PMU/DOR and/or the local authorities will have the power to suspend the construction operations. The Contractor will be responsible for mitigating and/or compensating for any damage and/or adverse environmental impacts during the construction caused by the Contractor.
Section (1.3) Liaising with local authorities and the public 13. Prior to the commencement of project and throughout the construction duration, the Contractor will work closely with the local authorities and other agencies to ensure full compliance with Government regulations and will also provide adequate information on the Project to the general public, especially those that may cause public safety, nuisance, and sensitive areas and the locations of storage and special handling areas. The Contractor will provide information and reporting telephone “Hot Line” staffed at all times during working hours. Information on this facility shall be prominently displayed on site hoardings.
Section (1.4) Community relations 14. The Contractor will assign one community-relation personnel, who will be responsible for building relations with local community and to provide appropriate information and be the first line of response to resolve issues of concern. Contractor will take
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Consulting Services for Conceptual Design of P1 ESMP Attachment 1-10 Improvement & Maintenance of NR13 South from Km71 to Km 346 March, 2020 reasonable steps to engage with residents of ethnic minority backgrounds and residents with disabilities (or other priority groups as appropriate), who may be differentially affected by construction impacts. 15. The Contractor will ensure that local residents nearby the construction sites will be informed in advance of works taking place, including the estimated duration. In the case of work required in response to an emergency, local residents shall be advised as soon as reasonably practicable that emergency work is taking place. Potentially affected residents will also be notified of the ‘Hotline’ number, which will operate during working hours. The “Hotline” will be maintained to handle enquiries regarding construction activities from the general public as well as to act as a first point of contact and information in the case of any emergency. All calls will be logged, together with the responses given and the callers' concerns action and a response provided promptly. The helpline will be widely advertised and displayed on site signboards. 16. The Contractor will respond quickly to emergencies, complaints or other contacts made via the ‘Hotline’ or any other recognized means and liaise closely with the emergency services, local authority officers and other agencies (based on established contacts) who may be involved in incidents or emergency situations. 17. The Contractor will manage the work sites, work camps, and workers in a way that is acceptable to local residents and will not create any social impacts due to workers. Any construction workers, office staff, Contractor’s employees, or any other person related to the Project found violating the “prohibitions” activities listed in Section (1.5) below may be subject to disciplinary actions that can range from a simple reprimand to termination of his/her employment depending on the seriousness of the violation. Section (1.5) Prohibitions 18. The following activities are prohibited on or near the Project sites: - Cutting of trees for any reason outside the approved construction area; Hunting, fishing, wildlife capture, or plant collection; Buying of wild animals for food; Having caged wild animals (especially birds) in camps; Poaching of any description; Explosive and chemical fishing; Disturbance to anything with architectural or historical value; - Building of fires; Use of unapproved toxic materials, including lead-based paints, asbestos, etc.; Use of firearms (except authorized security guards); Use of alcohol by workers in office hours; Driving in an unsafe manner in local roads; and - Washing cars or machinery in streams or creeks; Maintenance (change of oils and filters) of cars and equipment outside authorized areas; Creating nuisances and disturbances in or near communities; Disposing garbage in unauthorized places; Indiscriminate disposal of rubbish or construction wastes; Littering the site; Spillage of potential pollutants, such as petroleum products; Collection of
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firewood; Urinating or defecating outside the designated facilities; and Burning of wastes and/or cleared vegetation. Part (2) ESS Specific Requirements Section (2.1) Implementation of “Chance Find Procedures” 19. If the Contractor discovers archeological sites, historical sites, remains and objects, including graveyards and/or individual graves during excavation or construction, the Contractor will carry out the following steps: - Stop the construction activities in the area of the chance finds; - Delineate the discovered site or area; - Secure the site to prevent any damage or loss of removable objects. In cases of removable antiquities or sensitive remains, a night guard shall be arranged until the responsible local authorities or the National Culture Administration take over; - Notify the project engineer, supervisor (CSC), the project owner (PMU/DOR), and/or DPWT and EDPD/PTRI who in turn will notify the responsible local authorities and the provincial Culture Department immediately (within 24 hours or less); - Responsible local authorities and the provincial Culture Department would be in charge of protecting and preserving the site before deciding on subsequent appropriate procedures. This would require a preliminary evaluation of the findings to be performed by the archeologists of National Culture Administration. The significance and importance of the findings should be assessed according to the various criteria relevant to cultural heritage; those include the aesthetic, historic, scientific or research, social and economic values; - Decisions on how to handle the finding shall be taken by the responsible authorities and the provincial Culture Department. This could include changes in the layout (such as when finding an irremovable remain of cultural or archeological importance) conservation, preservation, restoration and salvage; - Implementation for the authority decision concerning the management of the finding shall be communicated in writing by relevant local authorities; and - Construction work could resume only after permission is given from the responsible local authorities or the provincial Culture Department concerning safeguard of the heritage.
Section (2.2) Implementation of the Environmental, Health, and Safety (EHS) guideline
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20. In line with WB safeguard policy, the Contractor is required to comply with the Environmental Health and Safety Guidelines (EHSG)6 established for the project investment with financial support from the WB group. For the Project, the Contractor will prepare a number of management plans/subplans to protect the local environment and ensuring safety of workers and local peoples. On the latter, an occupational and community health and safety plan (OCHSP) will be prepared and incorporated into the Contractor’s own Standard Operating Procedures (C-SOPs). At a minimum the following rules will be strictly followed, however, more comprehensive measures may be required: Site Environment and OCHS Rules - Daily and weekly OCHS orientation sessions before starting work; - Wearing of personal protective equipment (PPE) such as gloves, helmets, safety shoes, dungarees, goggles etc; - Follow the messages and instructions displayed on the environmental management plans and OCHS notice boards installed on site; - Promptly reporting all accidents to the concerned authority; - Maintain appropriate barricades of dangerous areas, as required; - Vehicles must be driven at a safe speed, observing speed limits of 30 Km/h in sensitive areas and use only the designated routes as mentioned in the Traffic and Transport Management Plan (TTMP); - Drivers must have a valid driving license for the class of vehicle they are operating; - Vehicles should only be parked in designated parking areas; and - Land mines/UXO clearance of the project area as needed. Health and Hygiene: The measures should include: - Provision of adequate medical facilities to the staff; - Provision of hygienic food to the employees; - Provision of cooling and heating facilities to the staff; and - Provision of drainage, sewerage and septic tanks in camp area. Security: Security measures should include: - Regular attendance and a controlled time keeping of all employees;
6 The EHSG provides general guidance on the pollution prevention and abatement measures and workplace and community health and safety guidelines that are normally acceptable in WBG-supported projects, particularly in cases where the borrowing country does not have standards, or when its standards fall significantly short of international or industry-wide norms. The EHSG are divided in two parts: general guidelines on health and safety and pollution prevention and abatement, including general standards for air and water quality, and a set of sector-specific guidelines for various types of development projects.
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- Restriction of un-authorized persons to the work areas and/or worker camps; - Restriction of carrying weapons and control hunting by employees; and - Provision of boundary walls/ fences with proper exits to the camp. Section (2.3) ESS Requirements before Commencement of Construction 20. Before construction begins (at each Project site), all the following requirements will be completed, checked and approved by DWPT, PONRE, and EDPD/PTRI: - Within 28 days after contract awarded, submission of the C-ESMP with adequate measures to mitigate potential negative impacts described in this ESCOP. The C- ESMP will be prepared in line with the Project-ESMP and it will be reviewed and approved by PMU/DOR and/or the CSC/FE. The approved C-ESMP will be sent to EDPD/PTRI, DPWT, and/or PONRE. - Recruitment of key ESS staff of the contractor to be responsible for environmental, social and safety aspects. - Establishment of worker camps with quality health services and sanitary equipment and all required supporting facilities and workshop/material storage area in comply with the ESS requirements related to the labour management, worker camp and storage area described in Part 3. Worker camps and storage areas will be checked and approved by DPWT and PONRE before moving or utilization of the area. - Development of Code of Conducts (COC) and Company Project Rules regarding health and safety of workers and local communities to prevent and address potential risks and issues associated with possible labour influx including SEA, GBV and VAC (see Attachment 7). The Contractor will provide training to all Contractor’s staffs and workers working for the Project. Code of Conducts and Company Project Rules will be signed and stamped by company management team and all staffs and workers. - Provision of a list of Contractor’s key staff, engineers, and worker to be working on site. The information will be included, but not limited to, personal data, criminal check and health data to ensure that all employees are free of the following diseases: liver cancer and sexually transmitted diseases (STDs) with the following information: names and surnames, ages, address (village, district, province, contact details, status (single, married), health (good), family information (number of children, name of wife, address and contact details) and among others. The list of employees will need to be attached in C-ESMP and distribute to all project affected communities/villages. - Consultation with affected communities/villages on Project activities, risks/ impacts, prevention and mitigation measures and other community health and
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safety information. The consultation reports will be submitted to DWPT and EDPD/PTRI with list of participation and minutes of consultation. 21. The Contractor will (a) install signs and signals on works in progress to ensure safety both during day and night time; (b) ensure no blockage of access to households during construction and/or provide alternative access, provide footbridges and access of neighbours; and (c) endure construction of proper drainage on the site. The measures recommended in the Safety Risk Assessment (see Attachment 2b) should be considered and the key ones are highlighted as follows: - Project sign board will be installed at the beginning and the end sections of the Project. - Speed limit signs will be installed at both edges of village, communities, schools, hospitals and other sensitive areas with speed limit between 20-25km/hr or any speed issued by local authorities; - Speed limit and caution signs at both edges of each active construction area; - Install signs indicating way to work camps, borrow pits, quarries, etc., - Bypass signs, reflection, etc., - Ensuring that local communities are active involve in the planning and installation of these signs and help preventing damages and/or loss as much as possible. 22. The Contractor will also be required to complete the environmental management subplans and the OCHS Plan and complete at least one training for all contractor staff and workers working for the Project with records of any training and induction. Periodic and follow-up trainings will be conducted at least 1 time in every 3 months. Section (2.4) ESS Requirements during Construction and Project-Site Closure 23. The ESS requirements during Construction is provided in Part 3. The Contractor will also be required to manage all activities in compliance with laws, rules and other permits related to site construction regulations (what is allowed and not allowed on work sites) and will protect public properties. Degradation and demolition of private properties will be avoided. Paying compensation to damage to the public facilities and/or private property will be required. The Contractor will inform PMU/DOR and DPWT on issue and/or damages that may unexpectedly occur. 24. As part of the ESCOP, the Contractor is responsible for protection of local environment against dust, air, noise, vibration, exhaust fuels and oils, and other solid wastes generated from the work sites. The Contractor will manage waste properly and do not burn them on site and will also provide proper storage for construction materials, organize parking and displacements of machines in the site. Used oil and construction waste materials must be appropriately disposed-off and adequate waste disposal and sanitation services will be provided at the construction site next to the generated areas. In order to protect soil, surface and ground water the Contractor will avoid any wastewater discharge, oil spill and discharge of any type of pollutants on soils, in surface or ground waters, in sewers and drainage ditches. Compensation measures may be required.
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25. Construction site closure. Before each Project site is considered completed, the following actions will be undertaken: - Clean up all wastes and disruption and removal of construction equipment, construction waste and general wastes from the Project ROW and all location used by the Project during construction such as worker camps, parking bays, and storage areas, borrow pits, quarries and ancillary facilities. - Stabilize all borrow pits or implement all agreed measures in accordance with agreements stipulated in minutes or documents signed between the Contractor and landowners. If needed, signing of a handover documents for borrow pits will be required. - Stabilize and/or rehabilitate all project sites to ensure community safety and erosion control. - Together with DPWT and PONRE, provide training on road safety to all affected community. All training will be recorded and affected communities will sign the training received sheet. - Submission of ESS Site Closure Report to DPWT and EDPF/PTRI one month before project completion inspection. Any potentially defects to the works will be fixed to ensure good conditions before completing the contract. Section (2.5) GOL Regulations and Comments from Local Communities 26. It is expected that EDPD/PTRI will prepare 2 IEE including consultation for the Project (one for Bolikhamxay and one for Khamouane) as agreed with PONREs and that an Environment and Compliance Certificate (ECC) will be issued before commencement of construction. The Contractor will be required to comply with the ECC approval conditions as well as to be responsive to the concerns and/or the requests made by local authorities and/or local communities throughout the contract period. Part (3) Works Management and Monitoring 27. This section provides technical guidance on the ESS requirements during construction phase. At a minimum, the Contractor is required to prepare and submit to CSC/FE the following, but not limited to, plans/subplans: (i) Construction Site Management Plan (CSMP) including site safety, spill prevention, and emergency response, (ii) Occupational and Community Health and Safety Plan (OCHSP), (iii) Environmental Quality Management Plan (EQMP), (iv) Site Clearance and Borrow Pit Management Plan (SCBMP), (v) Waste Management and Recycling Plan (WMRP), (vi) Works/Worker Camp Management Plan (WCMP), (vii) Traffic and Transportation Management Plan (TTMP), (viii) Labor Management Plan (LMP), and (ix) Monitoring and Reporting Plan (MRP). Scope of these plans are described below. Section (3.1) Construction Sites Management Plan (CSMP) 28. This plan aims to mitigate potential impacts at the construction sites in general. Key requirements are related to working hours, site layout and appearance and good housekeeping
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Consulting Services for Conceptual Design of P1 ESMP Attachment 1-10 Improvement & Maintenance of NR13 South from Km71 to Km 346 March, 2020 as well as operations of equipment and vehicles including prevention of spill and emergency response. Monthly inspection/meeting should be conducted to ensure that these procedures are adhered to. The Contractor must follow a ‘good housekeeping’ policy at all times. Preparation of contractor SOP (C-SOP) may be required by CSC/FE. All Project sites should be cleared by the Contractor on completion of the construction. (a) General requirements on construction sites 29. The Contractor is required to minimize, as far as reasonably practicable, any adverse environmental impact of their construction activities. All appropriate licenses and consents in respect of site operations will be timely secured. A construction site should satisfy the following requirements: - Working hours: Core working hours will be from 0800 to 1800 on weekdays and 0800 to 1300 on Saturday and this should be established in close consultation with local authorities and local resident. Noisy operations will not take place outside these hours without prior approval from the CSC/FE. All construction related traffic can be adjusted according to the agreed working hours for each site. Any exemption will require an agreement with the PMU/DOR, CSC/FE, and/or local authorities. - Site layout. The overall site layout must be designed and approved under regulations to suit the construction location, the site’s area, natural and climate conditions in the place of construction, facilitate the construction and ensure safety for human, machines and equipment at the construction site and the surrounding areas affected by construction activities. - Site arrangement. Supplies and materials are placed neatly according to the approved overall plan design. Supplies, materials and obstacles are not placed on roads, emergency exits or fire entrances. Flammable and explosive material warehouses are not arranged near the place of construction and tents. Waste materials are removed and discharged in prescribed places. Water drainage systems are regularly cleared to ensure that the construction ground is always dry. - Signs. At the construction site, appropriate signs must be installed. At the main entrance, a plan of the overall ground of the construction site and working regulations is displayed. Safety measures and rules are publicized at the construction site for compliance. At dangerous places at the construction site, such as areas going through local community with limited space and/or dangerous operations, installation of temporary fences, warning signs and instructions for accident prevention (including installation of light/reflection) must be provided. - Good housekeeping: The Contractor will follow a ‘good housekeeping’ policy at all time for the workers and the surrounding environment. This will include, but not necessarily be limited to the following: dust and noise control; waste treatment, keeping the site clean and tidy. To sites located near residential areas, wastes must be covered and collected and properly disposed-off. Construction and waste materials during transportation must be properly covered to ensure safety and environmental sanitation.
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- Training of staff and workers. Before starting construction, an approved design of construction measures including those related to transportation of construction materials are required. The measures will include those to ensure safety of workers, construction machines and equipment for each job, and/or local people. Training of workers and/or drivers on technical and use instructions, etc. will also be required. During construction, the approved design as well as regulations, standards and technical processes are complied with. Jobs dependent on the quality of previous jobs are performed only after the previous jobs have been tested to meet quality requirements under regulations. (b) Local cultural and traditional sites 30. The Contractor is required to respect local cultural/historical sites, including temples and other spiritual sites/resources for ethnic peoples and ensuring security and privacy of women and households in close proximity to the camps. Measures can be included in an appropriate management plan described in this ESCOP. (c) Fire, spill, and emergency plan 31. The Contractor to set up specific measures for prevention of fire and spill of toxic/hazardous chemicals and provide appropriate facilities and equipment that could help fighting fire at the construction site, which has its own working regulations on its specific duties and powers. A subplan on to prevent fire and toxic/hazardous chemical spill will be prepared and approved under regulations including preparation of emergency response. This will include assignment of specific staff and/or team to be responsible for ensuring safety and organizes training on these procedures. In/near urban area, at the construction site, local fire- fighting equipment are arranged (if possible). At fire-prone places, inflammable signboards and fire-fighting and alarm equipment are installed to promptly detect fires and take remedies. Section (3.2) Occupational and Community Health Safety Plan (OCHSP) 32. This plan aims to ensure safety of contractor workers and staff who work on the Project and well as protection of community safety. Experience of road rehabilitation and maintenance works in Lao PDR suggested that safety of worker and local community are high priority, especially when the activities are conducted in rural and/or mountainous areas due to limited space/area for operations of heavy equipment and vehicles. 33. The Contractor is required to take the following actions: - Conduct a safety risk assessment of all construct sites and identify the area and type of safety risks and prepare/implement measures to mitigate them effectively. Electric equipment should be safely insulated during the construction process while the workers knowledge on safety techniques and ways to give first aid to persons who get electric shock and/or accident should also be provided. - Ensure that key managers and workers are fully capable in the jobs they perform under regulations. Operators of construction machines and equipment and performers of jobs with strict labor safety requirements are trained in labor safety and possess labor safety cards under regulations. Workers at the construction site
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are provided with medical checks-up and safety training and adequate personal safety equipment under the labor law. - Construction machines and equipment with strict labor safety requirements are inspected by and registered with competent agencies under regulations for operation at the construction site. During operation, they comply with safety processes and measures. If construction equipment is operated outside the construction site, the investor approves safety measures for construction-affected people, machines, equipment and works inside and outside the construction site. If due to construction conditions, equipment have to be placed outside the construction site and while not in operation, if they operate outside the construction site, such is permitted by authorized agencies under local regulations. - Unexploded Ordnance (UXO): Although the risk is considered low, but due consideration and actions will be required. The Contractor will be responsible for ensuring UXO safety of the construction site. The response process needs to be included in emergency procedures. The emergency procedures will be prepared and carried out if UXO risk is identified at the construction site. 34. The Contractor is also responsible for maintaining good hygiene, safety, and social welfare security of the work sites, including protection of and health and safety of staff and workers. The Contractor will prevent standing water in open construction pits, quarries or fill areas to avoid potential contamination of the water table and the development of a habitat for disease-carrying vectors and insects. Safe and sustainable construction materials and construction method should be used. Section (3.3) Environmental Quality Management Plan (EQMP) 35. This plan aims to reduce potential impacts on air, noise, vibration, and water quality. During construction, the Contractor will specifically take serious actions on the following: - To control dust by using water or through other means and the construction site will be cleaned on a daily basis; - To work with local authority and management local traffic effectively and ensure traffic access of road safety of local residents and road users during the works. Speed limit at work sites and community area will be applied to all vehicles and cars. All vehicles and their drivers must be identified and registered, and the drivers are properly trained; 36. Dust, noise, and vibration. The Contractor must make efforts to control dust, noise, and vibration levels from the site, as far as is reasonably practicable. Excessive noise/vibration generation activities must be in accordance with GOL standards. For critical areas, the Contractor many be required to conduct noise measurement in close consultation with the local residents and establish appropriate measures to control and manage noise level. Measures for reducing dust and other air pollution, noise, and vibration are provided as follows: - Inform the residents: Prior to commencement of work at any site, the Contractor will be required to inform the local authority and residents regarding the construction plan and potential noise and vibration that may occur from the construction activities, including measures to reduce noise and vibration.
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- Dust control: The Contractor will ensue that no burning of waste materials on site; adequate water supply is available on site; dry sweeping of large areas is not allowed; Cover all trucks carrying loose or potentially dusty materials (soil, mud, etc.) to and from construction site; Water or sprinkle the construction areas periodically, especially at site located near residential area; avoid overloaded of trucks; routinely clean public roads and access routes; Ensure vehicles working on site have exhausts positioned such that the risk of re-suspension of ground dust is minimized (exhausts should preferably point upwards), where reasonably practicable; Control driving speed on un-surfaced haul routes and work areas; Ensure bulk cement and other fine powder materials are delivered in enclosed tankers and stored in silos with suitable emission control systems to prevent escape of material and overfilling during delivery; Mix large quantities of cement, grouts and other similar materials in designated areas; Store materials with the potential to produce dust away from site boundaries where reasonably practicable; Minimize the amount of excavated material held on site; Sheet, seal or damp down unavoidable stockpiles of excavated material held on site, where required; Seal or re-vegetate completed earthworks as soon as reasonably practicable after completion. - Care must be undertaken during the transportation of construction materials to and from the construction site; the spoil must be covered at all time. Fly-tipping will not be permitted. Loads must only be deposited at designated sites. The Contractor will be responsible for all the trucks delivering to, or exiting from, a worksite and will clean up all damage that may occur to public road and other public facilities. Care should be taken when loading or unloading vehicles or dismantling scaffolding or moving materials to reduce impact noise. Loading or unloading bays may have to be housed in suitable acoustic enclosures. - Noisy plant or equipment including will be sited as far away as is practicable from noise sensitive buildings. The use of barriers, (e.g. soil mounds), site huts, acoustic sheds or partitions to deflect noise away from noise sensitive areas should be employed wherever practicable. - The Contractor will be obliged to comply with the vibration levels according to GOL standards. Due attention will be given to minimize human exposure (1 Hz to 80 Hz) and protection of damage to nearby structures. 37. Water quality. The Contractor must take all the efforts to prevent wastes (solid and liquid) discharge into all rivers and to protect surface and groundwater from pollution and other adverse impacts including changes to water levels, flows and general water quality. Discharge of engine oil and oily waste from dredgers and construction machines to the rivers will be strictly prohibited. Engine oil, used oil, and other toxic substances and hazardous wastes must be properly collected, stored, treated, and/or disposed-off. Key measures are as follows: - Used oil/engine oil: The oil container at the construction site (especially when the site is located less than 10 meters from the waterways) must be of sufficient strength to ensure to prevent leakage. The container must be situated within a secondary containment system (bunded), which will prevent the release of any leaked oil. The Contractor must make provisions to ensure that all hazardous
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substances including oil drums or containers on site are properly labeled and properly stored and that no oil or other contaminants are allowed to reach water courses or groundwater. - Wastewater from sites: Whenever possible, the Contractor must minimize the amounts of wastewater that need to be discharged and find alternative means of disposal. The Contractor will ensure that any seepage and wastewater arising from the works and camp sites must be collected and discharged via a settlement tank. The standards for wastewater treatment prior to discharge must be agreed in advance with the ESA. Contaminated water or water of an uncertain quality must be discharged into sewers by tankers or other approved means of disposal. - Drainage. Water drainage must be designed to avoid stagnant conditions that could create bad smell and unsanitary condition. The Contractor must agree with the ESA in advance, details of the methodology to be employed, prior to commencement of the construction. Particular attention must be given to regular pest control treatment (particularly rats and flies); removal of sludge and other debris after drainage; reducing smell nuisance from sludge and algae by measures including deodorizing, hosing down etc. Safety measures must also be taken to protect both the general public and employees and to prevent fly-tipping and illegal access during the development works. Section (3.4) Works/Worker Camp Management Plan (WCMP) 38. This plan aims to mitigate negative impacts due to establishment and operations of work yard and worker camps including storage site management. The Contractor will carry out, but not limited to, the following: - The Worker Camp and workshop storage area will be located on areas far enough from water points, houses and sensitive areas in consultation with the community and the subproject owner. Worker camps shall not be located within 500 meters of any sensitive receptors, urban area and at least 200 meters from any surface water course and not within 2 kilometers of a protected area. - Worker camps, cooking facilities, and toilets will be provided with roofs, walls and wooden floors or paved with concrete while the camp yards and storage can be compacted or paved with gravels. If possible, the worker camps should be fenced and provided with entrance gates to prevent unauthorized entry. In addition, the worker camps will be provided with storm water drainage system around the camp facilities to prevent flooding, mud, erosion and sediment transport to natural environment. - Worker camps will be provided with basic facilities and utilities including but not limited to: office, notice boards and regulations of the company and about the Project, beds, mosquito nets, blankets, clean drinking water and safe portable water, sufficient waste bins, first aid kits and necessary medicines, fire extinguishers, etc. - For bathing and toilets, the Contractor will ensure that )1(separate toilets for males and females and sewage and wastewater will be retained in sediment pond(s); (2)
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Toilet chambers will be designed appropriately to be able to treat sludge and sewage prior to discharge to closed retention ponds without exposure to vectors and/or diseases; (3) building of toilet rooms, sewage chambers and retention ponds will be away from natural water bodies, streams, and wetland areas. The floor of retention chambers will be above the aquifer layer. - Material storage facilities and workshop will be in proximity or within work camp area with fences, compacted ground or paved with gravel and drainage system. - Hazardous material storage area will be provided with roof, walls and concrete floor and bunds, storm water drainage and oil traps. Engine oil change requires steel trays on the floor to prevent hydrocarbon spills on soils. If spill is found, immediate cleaning is required by collecting contaminated soil and to a temporary container and maintained in hazardous storage area. 40. The Contractor will consult with local authority regarding the location of the worker camps and will provide appropriate water supply, garbage collection, toilets, mosquito net, and other health protection measures to all workers. Fishing, wildlife hunting, and other social disturbance to local societies are prohibited. Training of workers on safety, good hygiene, and prohibitions activities is required. Detail measures as follow: (a) During the preconstruction stage: - Contractor will consult with local authority and subproject management unit regarding the location of the worker camps - Once work camp location is identified, the Contractor will set up temporary accommodation for all the workers throughout the construction or maintenance period. In terms of supply and storage of domestic water at the work camp area, the Contractor will comply with the following requirements: (a) Provide adequate drinking water supply for the work camps in appropriate tanks/containers. The Contractor will identify appropriate public water source for drinking in consultation with the local authority; (b) in case no appropriate source of water is identified, the Contractor will take water from other sources which will be tested and treated before supplied to the work camps; (c) All water supply and storage areas must be away from the wastewater storage area, drainage system or other sources of contamination according to the regulations. Water from drains or contaminated water must not be used as domestic water at the site. - At all construction sites, facilities for washing and necessary and appropriate tools must be provided by the Contractor. Bathrooms must be provided separately for male and female workers. Such facilities must ensure convenience for use and cleaning. - Waste discharges, wastewater must be properly collected and disposed-off. - First aid/Emergency aid kit. The first/emergency aid kit must be available at the work camp area and managed by a responsible person. This person must be trained on emergency/first aid. Injured or seriously sick people must be taken to the nearest hospital.
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- Community relations. The Contractor will ensure that conflicts between the workers and local population are avoided. (b) Construction stage: - Work camps must be kept clean and tidy, unaffected by oil spill and construction wastes. Any oil spilt or leaked must be cleaned immediately to avoid soil and water contamination. Some actions to carry out are as follow: (a) avoid oil leakage into surface water or groundwater; (b) wastewater must not be disposed directly to natural water areas; (c) solid waste materials are removed and discharged in prescribed places at frequent intervals; (d) First/Emergency aid supplies and materials and cleaning tools are regularly provided. - PMU/DOR and/or CSC/FE will monitor the housekeeping of work camp areas and ensure these areas are kept clean throughout the construction period. (c) Construction completion. - During this stage, all work camps and facilities will be cleared away and removed from the site. The site will be rehabilitated to ensure the operation of the works. Section (3.5) Site Clearance and Borrow Pit Management Plan (SCBMP) 41. This plan aims to mitigate negative impacts due to excavation, site clearance, tree cutting in ROW, stockpilings, quarries, and borrow pits including the needs for revegetation and/or rehabilitation of the work sites (see locations in Attachment 1c). The Project road is predominantly located on existing alignment and substantial sections of the first quarter of the alignment will be built using embankments over swamp and soft ground. Considerable amounts of borrow materials will therefore be needed to improve the swamp ground, including replacement of swamp deposits with rock fill, and in areas of embankment to attain the appropriate height of earthworks on which to form the required road grade. Capping layers may also be required to achieve a uniform roadbed support. (a) Tree cutting, quarry and borrow pit 42. Tree cannot be cut without approval from CFC/FE. The Contractor will use a quarry of materials according to the regulations and compensate by planting of trees in case of deforestation or tree felling. When possible, the Contractor should develop maintenance and reclamation plans, protect soil surfaces during construction and re-vegetate or physically stabilize eligible surfaces, preserve existing fauna and flora and preserve natural habitats along streams, steep slopes, and ecologically sensitive areas. 43. The materials required to be sourced locally for road construction include: Natural granular material for possible application as subbase; Borrow materials for embankment fill (typically obtained from nearby NR13 South alignment but from private owned/operate borrow areas in some cases); Quarry stone for production of aggregates for asphalt, crushed stone base, concrete and masonry works; and Sand for concrete and mortar. Locations of these materials have been identified nearby the Project road (see locations in Attachment 1c). It is expected that these sites will supply source materials to the closest section of the alignment to minimise the impact of transporting materials.
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44. Commercial quarries and borrow pits approved by local environmental agencies should be used as much as possible. If non-commercial quarries and/or borrow pits are newly opened or expanded and used, in consultation with the CSC/FE, the Contractor will comply with the following requirements: - Large-scale borrow pits or stockpiles will need site-specific measures that may go beyond those required in this ESCOP. - All locations to be used must be previously identified in the approved construction specifications. Sensitive sites such as scenic spots, areas of natural habitat, areas near sensitive receptors, or areas near water should be avoided. - When water pollution is expected, an open ditch will be built around the stockpile site to intercept wastewater. - Stockpile topsoil when first opening a borrow pit and use it later to restore the area to near natural conditions. - If needed, disposal sites will include a retaining wall. - If the need for new sites arises during construction, they must be pre-approved by the responsible local authorities. - If landowners are affected by use of their areas for stockpiles or borrow pits, they must be included in the project resettlement plan and proper agreement and record will be secured. - For any stockpile, quarry, or borrow pit sites opened for this project should be used only for the project activities and it should not to be used afterwards, unless it has been authorized by local authorities. - If access/rescue roads are needed, actions to mitigate all negative impacts described in this ESCOP will also be applied. The alignment for each of these roads must be clearly determined with its impacts and mitigation measures. (b) Earth excavation and demolition materials 46. During site physical clearance, earth excavation must be carefully handled to reduce dust and possible obstruction and causing nuisance and health impacts to local residents. Excavation that affects existing traffic and public utilities (such as pipeline, water supply, and bridges) must be properly planned in consultation with local authority and informed to the residents in advance. All excavation materials and old road surface will be reused for dike/road construction and/or land filling at or nearby the work site. Demolition materials must be properly disposed-off. The Contractor must consult PMU/DOR and/or CSC/FE on the final selection of disposal sites and methods. 47. To mitigate potential impacts of material excavation include: Potential UXO risk; Exposure of soil that has the potential to lead to increased erosion and discharge of sediment into waterways; Exposed faces and slopes that may be at risk of landslide or collapse; The dewatering of some areas within source sites has potential to impact on flow activation of potential plumes; Discharge of effluents from aggregate washing and crushing has potential to impact on water quality; and Increased noise, dust and vibrations in the local area surrounding the source sites. The Contractor will consult local authorities and communities
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Consulting Services for Conceptual Design of P1 ESMP Attachment 1-10 Improvement & Maintenance of NR13 South from Km71 to Km 346 March, 2020 on UXO risks at all borrow materials, quarry stone and sand site, a quick assessment is undertaken for each site to ensure that UXO risk and impacts on local community and local environment are low and appropriate actions will be made by contractor to mitigate these risks/impacts. Obtaining approval letter from local authorities is required before utilization of each site. Each site should have a clear plan for mitigation of erosion and/or sedimentation measures including construction of drainage controls and sedimentation ponds, daily deployment and maintenance of sediment control devices such as silt fences and jute netting, and planning of quarrying operations to minimise long-term exposure of erosive materials. It is expected that each quarry will also have a rehabilitation plan for the closure of the site after the sourcing of materials. (d) Protection of natural habitats. 48. The Contractor must observe the national and local regulations and policies related to protected areas/species, wildlife sanctuaries. No trees in nearby sensitive areas can be cut without obtaining prior agreement with the authorities. When possible, organize training courses to improve environmental protection awareness of the staff and local communities. When the construction activities are carried out near and/or within sensitive areas (such as conservation and protection areas), the Contractor will ensure that the workers will not be involved in fishing and wildlife hunting and/or collection of plants, biodiversity and the activities (such as borrow pit) will not be located in the sensitive area without permission of local authorities. 49. Site restoration. The Contractor will use a quarry of materials according to the regulations and compensate by planting of trees in case of deforestation or tree felling. When possible, the Contractor should develop maintenance and reclamation plans, protect soil surfaces during construction and re-vegetate or physically stabilize eligible surfaces, preserve existing fauna and flora and preserve natural habitats along streams, steep slopes, and ecologically sensitive areas. Section (3.6) Waste Management and Recycling Plan (WMRP) 50. This plan aims to mitigate potential negative impacts due to generation of construction wastes and operations of works and worker camps (construction, hazardous, domestic) including recycle and reuse plan to be conducted during road construction and maintenance. (b) Construction and hazardous wastes. 51. Preconstruction and construction activities may generate large amount of construction wastes including those generating from resurfacing and excavation of soil, old road surface and/or concrete structure and other surplus materials (oily wastes, miscellaneous woods, steel, etc.). Although most of these wastes are not toxic or dangerous (except for some oily wastes such as oily cloths after cleansing machines and equipment, etc.), proper measures for waste collection and treatment are required to avoid contaminating local environment (water quality, soil, natural habitats, land scape, and scenery) and local residents. The Contractor will prepare and implement a plan to reduce the generation of these wastes. When possible, these wastes should be properly reused and/or recycle. Bags and other solid wastes will be
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Consulting Services for Conceptual Design of P1 ESMP Attachment 1-10 Improvement & Maintenance of NR13 South from Km71 to Km 346 March, 2020 collected for recycling while appropriate arrangement will be made if a temporary disposal area will be required. Appropriate final disposal sites must be identified and implemented. (c) Domestic solid wastes 52. Generation of these wastes (food wastes and garbage including plastic) will be minimized and/or reused when possible. The Contractor must carry out appropriate measures for waste collection and treatment. The domestic wastes will be collected in plastic or wooden bins with lids placed in convenient places and in worker canteens. Periodically, at appropriate time, transport those bins to the disposal sites (the sites should be approved by local authorities). The Contractor must sign a contract with the Urban Environmental and Construction Company to collect and treat these wastes during construction. In case the wastes cannot be transported to the dumping site (for example, due to lack of appropriate transport route), wastes must be buried at temporary dumps in the project area in a sanitary way – a waste layer covered by a layer of soil, and when the dump is filled, it is covered by a soil layer about 50 cm thick. Temporary dump sites must be located at least 500 m away from residential areas, 200 m away from work camps and surface water sources, and not in the prevalent wind direction of the area. Upon completion of works, cover the entire temporary dumps with soil, ensure land, and landscape restoration for the subproject area. Section (3.7) Traffic and Transportation Management Plan (TTMP) 53. This plan aims to address negative impacts due to increase in traffic and transportation of construction materials especially those related to road safety, traffic congestions, dust, noise, and vibration. Key requirements are as follows: - The Contractor will be required to use designated construction traffic routes as agreed and/or directed by the local authorities and the Police. The number of truck movements, hours of operation and any truck holding areas will be agreed in advance with the local authority and the Police. Plans will be required for each site showing the site entrances/exits and the agreed access roads for use to the nearest main road, and the routes to be used by truck to and from the strategic road network. - The Contractor will maintain an up to date log of all drivers that will include a written undertaking from them to adhere to the local authority’s approved routes for construction traffic. In the case of non-compliance, the Contractor and/or their sub-contractor(s) would be in breach of contract, necessitating disciplinary action against individual drivers. - The Contractor may be required to provide truck stickers uniquely identifying the group of construction sites included in each contract, details of which shall be submitted to the local authority for approval. For identification purposes the Contractor will fix these in a prominent position on all trucks frequently serving the construction site. The identification will need to be sufficiently large to be easily read from a distance of 20 meters. Trucks waiting to enter or leave the site must switch off their engines to avoid unnecessary engine noise and emissions. Restrictions on the size and weight of vehicles accessing each site may be imposed depending on agreed access routes. 54. For construction that interference with a carriageway or footway, the Contractor will inform the local authorities, responsible agencies, and local residents before commencing the
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Consulting Services for Conceptual Design of P1 ESMP Attachment 1-10 Improvement & Maintenance of NR13 South from Km71 to Km 346 March, 2020 works and proposed measures to minimize the safety risk and inconvenience to the public. All necessary consents and licenses must be obtained in advance. The safety of the public must be ensured. In the case of temporary footways, reasonable access shall be provided for people in accordance with the following requirements: - Any temporary footways and carriageways will be constructed to the reasonable requirements of the local authorities and should have uniform surfaces as much as possible; - Clear signing must be provided at all times for pedestrian routes with the minimum number of changes to all temporary layouts in order to reduce confusion. Advance warning should, if possible, indicate alternative existing wheelchair-accessible routes; - After completion of the works all materials arising from the works will be cleared from the highway leaving the same in a clean and tidy condition to the reasonable requirements of the local authorities; and - The Contractor will be responsible for any damage caused by their activities to the roads and public facilities in the vicinity of the worksite. Any defects caused by the Contractors must be rectified immediately if dangerous or otherwise within 24 hours. - Any street furniture (electrical or non-electrical) cannot be removed or relocated by the Contractor or any of its sub-contractors without written agreement from the responsible agencies. 55. Road safety campaign in the high risks area will be prepared and implemented as agreed with DPWT and/or CSC/FE (see also Attachment 2b). Section (3.8) Labor Management Plan (LMP) --COC 56. This plan aims to minimize potential direct and indirect social impacts of contractor’s staff and workers including their behaviors on local communities. The Contractor will be required to have appropriate contract arrangement with staff and workers as well as to prohibit actions that may cause negative social impacts (direct and indirect) due to labor influx and possible health impacts (STDs, AIDs, etc.) to local peoples. The Contractor is required to implement and comply with Occupational Health and Community Safety Plan (OHCSP) as one of main part of overall ESHS requirements. The Contractor is encouraged to hire local labours including community and female workers to extent possible. Where local labours are not adequately available in the Project sites, labour or camp site management plan and is required to be prepared and implemented and monitored potential external labour influx and associated risks including SEA, GBV and VAC. Code of Conducts (COC) and Company Project Rules regarding health and safety of workers and local communities will be applied by the contractors and their sub-contractors and workers to be hired under the Project to manage the risks anticipated. 57. The Contractor will also be responsible for maintaining good hygiene, safety, and social welfare security of the work sites, including protection of and health and safety of staff and workers. The Contractor will prevent standing water in open construction pits, quarries or fill areas to avoid potential contamination of the water table and the development of a habitat for disease-carrying vectors and insects. Safe and sustainable construction materials and construction method should be used.
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Section (3.9) Monitoring and reporting Plan (MERP) 58. This plan aims to ensure that the mitigation measures are conducted timely and effectively. The Contractor will be required to submit the Contractor ESS monitoring report to DPWT and PONRE (with a copy to EDPD/PTRI) on every 25th of each month. The report can be submitted electronically as agreed. Key monitoring subplan and/or indicators (also see Attachment 5 Table A5.1). (a) Site Management and Monitoring 59. Following approval of the C-ESMP, the Contractor will be required to attend a series of meetings with the CSC and/or Field Engineers to ensure that all compliance conditions and procedures are clearly understood and actions can be implemented on the ground. As part of the day-to-day supervision of works, the CSC/FE are also responsible for day-to-day supervision and monitoring of compliance of the C-ESMP and report the results in the progress report. The Contractor will be responsible for ensuring that all sub-contractors abide by the conditions of the Project-ESMP. (b) M&E Plan 60. During construction, the Contractor will specifically take serious actions on the following: - To control dust by using water or through other means and the construction site will be cleaned on a daily basis; - To work with local authority and management local traffic effectively and ensure traffic access of road safety of local residents and road users during the works. Speed limit at work sites and community area will be applied to all vehicles and cars. All vehicles and their drivers must be identified and registered, and the drivers are properly trained; - To respect the cultural sites, ensure security and privacy of women and households in close proximity to the camps and the use of asbestos containing materials is not allowed; - To conduct daily monitoring and inspection of construction activities to ensure environmental and social impacts are managed and mitigated appropriately in local communities. These potential impacts include wastes, discharge, dust, community health and safety, OCHS, construction waste contaminated on private land, social issues and social security, etc.; - To implement and maintain a good community-relations in comply with requirements in the section on Community Relation below; and - To comply with Non-compliance Reporting Procedures as specified in Part 1 of the ESCOP. (c) Contractors Reporting 61. The Contractor will prepare two levels of ESS reports:
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- Weekly Environmental Checklists – These will be prepared weekly by the Contractor’s ESS management (ESSM) team and the checklist will be submitted to the CSC/Engineer on a weekly basis. EDPD/PTRI will provide a sample for the checklist. - Monthly Summary Report - in respect of compliance with C-ESMP will be submitted to the PMU/DOR and DPWT through the CSC/Engineer (with a copy to EDPD/PTRI) on every 25th of each month. The report can be submitted electronically as agreed.
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ATTACHMENT 7 NR13S GENERIC COC ON GBV/VAC
1. This section provides guidance on sample of requirements to be included in contract to address the issues related to Gender-Based Violence (GBV) and Violence against Children (VAC) which is a new requirement to be applied to all projects with WB financing. These samples are used in road projects in Cambodia (RAMP-II) and Lao PDR (LRSP2 and NR13N) starting 2018. Sections G1, G2, G3, G4, G5, and G6 presents (i) Table of contents, objectives, scope, and definitions; (ii) Samples code of conduct; (iii) Action plan; (iv) GRM; (v) Services providers; (vi) GBV and VAC Focal Point; and (vii) Annex 1 - Potential Procedures for Addressing GBV and VAC. 2. Table of Content, Objective, Scope, and Definitions are as follows: 1. Background 2. Scope 3. Definitions 4. Sample Codes of Conduct (a) Company Code of Conduct (b) Preventing Gender Based Violence and Violence Against Children (c) Manager’s Code of Conduct (d) Preventing Gender Based Violence and Violence Against Children (e) Individual Code of Conduct (f) Preventing Gender Based Violence and Violence Against Children 5. Action Plan (a) The GBV and VAC Compliance Team (b) Making Complaints: GBV and VAC Allegation Procedures (c) Addressing Complaints about GBV or VAC 6. GRM 7. Service Provider 8. GBV and VAC Focal Point (a) Accountability Measures (b) Monitoring and Evaluation (c) Awareness-raising Strategy (d) Response Protocol (e) Survivor Support Measures
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(f) Perpetrator Policy and Response (g) Administrative Sanctions Annex 1 - Potential Procedures for Addressing GBV and VAC ------G1. Background 3. The purpose of these Codes of Conduct and Action Plan to prevent Gender Based Violence (GBV) and Violence against Children (VAC) is to introduce a set of key definitions, minimum standard sample Codes of Conduct, and guidelines that establish mechanisms for preventing, reporting and addressing GBV and VAC within the work site and in its immediate surrounding communities. The application of the GBV and VAC Codes of Conduct will help prevent and/or mitigate the risks of GBV and VAC on the project. 4. Mutual respect and fair treatment between those working on the project and local communities is critical to a safe, respectful, and productive workplace and operating environment. GBV and VAC can be one of the most serious violations of respect and fair treatment which can harm the local community, and significantly damage trust and cooperation between parties. 5. These Codes of Conduct are to be adopted by those working on the project and are meant to: (i) create common awareness about GBV and VAC; (ii) ensure a shared understanding; and, (iii) create a clear system for identifying, responding to, and sanctioning GBV and VAC incidents. 6. Ensuring that all project staff understand the values of the project, understand expectations for all employees, and acknowledge the consequences for violations of these values, will help to create a smoother, more respectful and productive project implementation thereby helping ensure that the project’s objectives will be achieved. G2. Scope 7. [use what is in draft bidding documents] G3. Definitions 8. The following definitions apply: 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 (i.e. gender) differences between males and females. It includes acts that inflict physical, sexual or mental harm or suffering, threats of such acts, coercion, and other deprivations of liberty. These acts can occur in public or in private. Violence against Children (VAC):is defined as physical, sexual or psychological harm of minor children (i.e. under the age of 18) including using for profit, labor, sexual gratification, or some other personal or financial advantage.
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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 and VAC. Child:is used interchangeably with the term ‘minor’ and refers to a person under the age of 18.7 This is in accordance with Article 1 of the United Nations Convention on the Rights of the Child. Child Protection (CP): is an activity or initiative designed to protect children from any form of harm, particularly arising from VAC. Consent: is 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 through the use of 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 188, even in the event that 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. Consultant: is as any firm, company, organization or other institution that has been awarded a contract to provide consulting services in the context of the RAMP-II, to the project, and has hired managers and/or employees to conduct this work. Contractor: is any firm, company, organization or other institution that has been awarded a contract to conduct infrastructure development works in the context of the RAMP-II 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. Employee: is as any individual offering labor 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 in exchange for a salary (e.g.
7 The Kingdom of Cambodia is party to this convention. http://www.pseataskforce.org/uploads/tools/1478613357.pdf 8 See UN Resolution 62/214. United Nations Comprehensive Strategy on Assistance and Support to Victims of Sexual Exploitation and Abuse by United Nations Staff and Related Personnel; UN Secretariat (2003) ST/SGB/2003/13 Special measures for protection from sexual exploitation and sexual abuse; IOM (2016) Policy and Procedures for Preventing and Responding to Sexual Exploitation and Abuse.
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including unpaid interns and volunteers), with no responsibility to manage or supervise other employees. Employer: Ministry of Public Works and Transport GBV and VAC Allegation Procedure: is the prescribed procedure to be followed when reporting incidents of GBV or VAC. GBV and VAC Codes of Conduct: The Codes of Conduct adopted for the project covering the commitment of the company, and the responsibilities of managers and individuals with regards to GBV and VAC. GBV and VAC Compliance Team (GCCT): a team established by the project to address GBV and VAC issues. Grievance Redress Mechanism (GRM):is the process established by theRAMP-II project to receive and address complaints. 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). Manager: is any individual offering labor to the contractor or consultant, on or off the work site, under a formal 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. Online Grooming: is the act of sending an electronic message with indecent content to a recipient who the sender believes to be a minor, with the intention of procuring the recipient to engage in or submit to sexual activity with another person, including but not necessarily the sender9. Perpetrator: is the person(s) who commit(s) or threaten(s) to commit an act or acts of GBV or VAC. Response Protocol: is the mechanisms set in place to respond to cases of GBV and VAC. Survivor/Survivors: is the person(s) adversely affected by GBV or VAC. Women, men and children can be survivors of GBV; children can be survivors of VAC. Work Site: is the area in which infrastructure development works are being conducted, as part of the project.
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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 on it. G4. Sample Codes of Conduct 9. This section presents three sample Codes of Conduct as the minimum standard for use under civil works contracts for the Project (RAMP-II). These codes will be confirmed and agreed upon prior commencement of works and cleared by the Supervision Consultant. Company Code of Conduct: Commits the company to addressing GBV and VAC issues; Manager’s Code of Conduct: Commits managers to implementing the Company Code of Conduct, as well as those signed by individuals; and, Individual Code of Conduct: Code of Conduct for everyone working on the project, including managers. (a) Company Code of Conduct: Preventing Gender Based Violence and Violence Against Children 10. In the context of the Project, the company is committed to creating and maintaining an environment in which gender based violence (GBV) and violence against children (VAC) have no place, and where they will not be tolerated by any employee, associate, or representative of the company. Therefore, in order to ensure that all those engaged in the project are aware of this commitment, and in order to prevent, be aware of, and respond to any allegations of GBV and VAC, 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, without exception: 1. The company—and therefore all employees, associates, and representatives— commit 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 and VAC are in violation of this commitment. 2. Demeaning, threatening, harassing, abusive, culturally inappropriate, or sexually provocative language and behavior are prohibited among all company employees, associates, and its representatives. 3. Acts of GBV or VAC constitute gross misconduct and are therefore grounds for administrative sanctions, which may include penalties and/or termination of employment. All forms of GBV and VAC, including grooming are unacceptable, regardless of whether they take place on the work site, the work site surroundings, at worker’s camps or at worker’s homes.
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4. In addition to company sanctions, legal prosecution of those who commit acts of GBV or VAC will be pursued if appropriate. 5. 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. 6. Sexual favors—for instance, making promises or favorable treatment dependent on sexual acts—or other forms of humiliating, degrading or exploitative behavior are prohibited. 7. Unless there is full consent10 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—such sexual activity is considered “non-consensual” within the scope of this Code. 8. All employees, including volunteers and sub-contractors are highly encouraged to report suspected or actual acts of GBV and/or VAC by a fellow worker, whether in the same company or not. Reports must be made in accordance with GBV and VAC Allegation Procedures. 9. Managers are required to report suspected or actual acts of GBV and/or VAC as they have a responsibility to uphold company commitments and hold their direct reports responsible. 10. Comply with all relevant local legislation, including labor laws in relation to child labor. 11. To ensure that the above principles are implemented effectively the company commits to ensuring that: 12. All managers sign the ‘Manager’s Code of Conduct’ detailing their responsibilities for implementing the company’s commitments and enforcing the responsibilities in the ‘Individual Code of Conduct’. 13. All employees sign the project’s ‘Individual Code of Conduct’ confirming their agreement not to engage in activities resulting in GBV or VAC. 14. 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.
10 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 through the use of 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 in the event that 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.
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Examples of areas include waiting, rest and lobby areas of sites, canteen areas, health clinics. 15. Ensure 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. 16. An appropriate person is nominated as the company’s ‘Focal Point’ for addressing GBV and VAC issues, including representing the company on the GBV and VAC Compliance Team (GCCT) which is comprised of representatives from the client, contractor(s), the supervision consultant, and local service provider(s). 17. Ensuring that an effective Action Plan is developed in consultation with the supervision consultant and which includes as a minimum: a. GBV and VAC Allegation Procedure to report GBV and VAC issues through the project Grievance Redress Mechanism (GRM); b. Accountability Measures to protect confidentiality of all involved; and, c. Response Protocol applicable to GBV and VAC survivors and perpetrators. 18. That the company effectively implements the Action Plan, providing feedback to the GCCT for improvements and updates as appropriate. 19. All employees attend an induction training course prior to commencing work on site to ensure they are familiar with the company’s commitments and the project’s GBV and VAC Codes of Conduct. 20. All employees attend two mandatory training courses per year 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 GBV and VAC Code of Conduct. Company name: ______
Signature of Company’s Representative: ______
Printed Name: ______
Title: ______
Date: ______
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(b) Manager’s Code of Conduct: Preventing Gender Based Violence and Violence against Children 11. Managers at all levels have particular responsibilities to uphold the company’s commitment to preventing and addressing GBV and VAC. This means that managers have an acute responsibility to create and maintain an environment that prevents GBV and VAC. Managers need to support and promote the implementation of the Company Code of Conduct. To that end, managers must adhere this Manager’s Code of Conduct and also sign the Individual Code of Conduct. This commits them to supporting and developing systems that facilitate the implementation of the Action Plan and maintain a GBV-free and VAC-free environment at the workplace and in the local community. These responsibilities include but are not limited to: Implementation 1. To ensure maximum effectiveness of the Company and Individual Codes of Conduct: a. Prominently displaying the Company and Individual Codes of Conduct 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, health clinics. b. 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: a. All staff members sign the ‘Individual Code of Conduct’, including acknowledgment that they have read and agree with the Code of Conduct. b. Staff lists and signed copies of the Individual Code of Conduct are provided to the GCCT and the client. c. Participate in training and ensure that staff also participate as outlined below. d. Staff are familiar with the Grievance Redress Mechanism (GRM) and that they can use it to anonymously report concerns of GBV or VAC incidents. e. Staff are encouraged to report suspected or actual GBV or VAC through the GRM by raising awareness about GBV and VAC issues, emphasizing the staff’s responsibility to the Company and the country hosting their employment, and emphasizing the respect for confidentiality.
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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. 5. Ensure that when engaging in partnership, sub-contractor or similar agreements, these agreements: a. Incorporate the GBV and VAC Codes of Conduct as an attachment. b. Include the appropriate language requiring such contracting entities and individuals, and their employees and volunteers, to comply with the Individual Codes of Conduct. c. expressly state that the failure of those entities or individuals, as appropriate, to take preventive measures against GBV and VAC, to investigate allegations thereof, or to take corrective actions when GBV or VAC has occurred, shall constitute grounds for sanctions and penalties in accordance with the Individual Codes of Conduct. 6. Provide resources to the GCCT to create and disseminate internal sensitization initiatives through the awareness-raising strategy under the Action Plan. 7. Ensure that any GBV or VAC issue warranting police action is reported to the client and the World Bank immediately. Training 8. 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 and VAC 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 Action Plan for addressing GBV and VAC issues. 9. Ensure that time is provided during work hours and that staff attend the mandatory project facilitated induction training on GBV and VAC required of all employees prior to commencing work on site. 10. Ensure that staff attend the mandatory refresher training course required of all employees. Ensure satisfaction surveys to evaluate training are conducted by the service provider.
Response 11. Managers will be provide input to the GBV and VAC Allegation Procedures and Response Protocol developed by the GCCT, as needed as part of the final cleared Action Plan.
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12. Once adopted by the Company, managers will uphold the Accountability Measures set forth in the Action Plan to maintain the confidentiality of all employees who report or (allegedly) perpetrate incidences of GBV and VAC (unless a breach of confidentiality is required to protect persons or property from serious harm or where required by law). 13. If a manager develops concerns or suspicions regarding any form of GBV or VAC by an employee, or by an employee working for another contractor on the same work site, s/he is required to report the case. 14. 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. 15. Managers failing to report or comply with such provision can in turn be subject to disciplinary measures, to be determined and enacted by the company’s CEO, Managing Director or equivalent highest-ranking manager. Those measures may include: a. Informal warning. b. Formal warning. c. Loss of up to one week's salary. d. Suspension of employment (without payment of salary), for a minimum period of 1 month up to a maximum of 6 months. e. Termination of employment. 16. Ultimately, failure to effectively respond to GBV and VAC 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 GBV and VAC. I understand that any action inconsistent with this Manager’s Code of Conduct or failure to take action mandated by this Manager’s Code of Conduct may result in disciplinary action. Signature: ______
Printed Name: ______
Title: ______
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Date: ______
(c) Individual Code of Conduct: Preventing Gender Based Violence and Violence against Children I, ______, acknowledge that preventing gender-based violence (GBV) and violence against children (VAC) is important. The company considers that GBV or VAC activities constitute acts of gross misconduct and are therefore grounds for sanctions, penalties or potential termination of employment. All forms of GBV or VAC are unacceptable be it on the work site, the work site surroundings, or at worker’s camps. Prosecution of those who commit GBV or VAC may be pursued if appropriate.
I agree that while working on the project I will: 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 participate in sexual contact or activity with children—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. Not engage in sexual favors—for instance, making promises or favorable treatment dependent on sexual acts—or other forms of humiliating, degrading or exploitative behavior. Unless there is the full consent11 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—such sexual activity is considered “non-consensual” within the scope of this Code. Attend and actively partake in training courses related to HIV/AIDS, GBV and VAC as requested by my employer.
11Consent 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 through the use of 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 in the event that 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.
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Consider reporting through the grievance redress mechanism or to my manager any suspected or actual GBV or VAC 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: 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 sleep close to unsupervised children unless absolutely necessary, in which case I must obtain my supervisor's permission, and ensure that another adult is present if possible. Use any computers, mobile phones, or video and digital cameras appropriately, and never to exploit or harass children or to access child pornography through any medium (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 labor which is inappropriate given their age or developmental stage, which interferes with their time available for education and recreational activities, or which places them at significant risk of injury. Use of children's images for work related purposes 12. 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. 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 13. I understand that if I breach this Individual Code of Conduct, my employer will take disciplinary action which could include:
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Informal warning. Formal warning. Loss of up to one week’s salary. Suspension of employment (without payment of salary), for a minimum period of 1 month up to a maximum of 6 months. Termination of employment. Report to the police if warranted. I understand that it is my responsibility to avoid actions or behaviors that could be regarded as GBV or VAC or 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 GBV and VAC. I understand that any action inconsistent with this Individual Code of Conduct or failure to take action mandated by this Individual Code of Conduct may result in disciplinary action and may affect my ongoing employment. Signature: ______
Printed Name: ______
Title: ______
Date: ______
G3. Action Plan (a) The GBV and VAC Compliance Team 14. The project shall establish a ‘GBV and VAC Compliance Team’ (GCCT). The GCCT 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 contractor12, or someone else tasked with the responsibility for addressing GBV and VAC with the time and seniority to devote to the position;
12 Where there are multiple contractors working on the project each shall nominate a representative as appropriate.
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c. The supervision consultant; and, d. A representative from a local service provider with experience in GBV and VAC (the ‘Service Provider’). 15. It will be the duty of the GCCT with support from the management to inform workers about the activities and responsibilities of the GCCT. To effectively serve on the GCCT, members must undergo training by the local service provider prior to the commencement of their assignment to ensure that they are sensitized on GBV and Child Protection. 16. The GCCT will be required to: a. Approve any changes to the GBV and VAC Codes of Conduct contained in this document, with clearances from the Supervision Consultant for any such changes. b. Prepare the Action Plan reflecting the Codes of Conduct which includes: i. GBV and VAC Allegation Procedures (See 4.3) ii. Accountability Measures (See 4.4) iii. An Awareness raising Strategy (See 4.5) iv. A Response Protocol (See 4.6) c. Obtain approval of the Action Plan by company management; d. Obtain client clearances for the Action Plan prior to full mobilization; e. Receive and monitor resolutions and sanctions with regard to complaints received related to GBV and VAC associated with the project; and, f. Ensure that GBV and VAC statistics in the GRM are up to date and included in the regular project reports. 17. The GCCT shall hold quarterly update meetings to discuss ways to strengthen resources and GBV and VAC support for employees and community members. 18. The Action Plan and Code of Conduct shall be submitted for review to the ISWS Consultant within 90 days from the contract signature date. Works will not commence unless the Engineer is satisfied with measures in place, including plan and codes. Failure to comply with such obligation should provide ground for contract suspension cancellation – this shall be determined at the sole discretion of the contracting entity, whilst intention to cancel the contract shall be notified to the World Bank team within 60 days from the proposed cancellation date. (b) Making Complaints: GBV and VAC Allegation Procedures 19. All staff, volunteers, consultants and sub-contractors are encouraged to report suspected or actual GBV or VAC cases. Managers are required to report suspected or actual GBV and/or VAC cases as they have responsibilities to uphold company commitments and they hold their direct reports accountable for complying with the Individual Code of Conduct.
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20. The project will provide information to employees and the community on how to report cases of GBV and VAC Code of Conduct breaches through the Grievance Redress Mechanism (GRM). The GCCT will follow up on cases of GBV, VAC and Code of Conduct breaches reported through the GRM. (c) Addressing Complaints about GBV or VAC 21. The figure below shows the process for addressing complaints. G4. GRM 22. The project operates a grievance redress mechanism (GRM). Reports of GBV or VAC, other complaints, or other concerns may be submitted online, via telephone or mail, or in person. 23. The GRM operator will refer complaints related to GBV or VAC to the GCCT to resolve them. In accordance with the Action Plan, the GCCT through the 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 necessary. The GRM operator will, upon resolution, advise the complainant of the outcome, unless it was made anonymously. Complaints made to managers or the Service Provider will be referred by them to the GRM for processing. 24. If the complaint to the GRM is made by a survivor or on behalf of a survivor, the complainant will be directly referred to the service provider to receive support services while the GCCT investigates the complaint in parallel.
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G5 Service Provider 25. The Service Provider is a local organization (possibly an NGO) which has the technical experience and ability to provide training to staff and to support survivors of GBV or VAC. The contractor(s) will contract the services of a Service Provider, so that GBV and VAC cases can safely be referred to them. The Service Provider will also provide support and guidance to the GBV and VAC Focal Points as necessary. The Service Provider will have a representative on the GCCT and be involved in resolving complaints related to GBV or VAC. The service provider will develop and conduct the mandatory training to employees on GBV and VAC. G6. GBV and VAC Focal Point 26. The GCCT will refer the complaint to the appropriate Focal Points for resolution (i.e. issues with contractor’s staff will be for the contractor to resolve; consultant’s staff the consultant; and client staff the client) and will advise the GCCT on potential resolutions, including referral to the police if necessary. They will be assisted by the Service Provider as appropriate. 27. All the Focal Points on the GCCT must be trained and empowered to resolve GBV and VAC issues. It is essential that all staff of the GRM and GCCT understand the guiding principles and ethical requirement of dealing with survivors of GBV and VAC. All reports should be kept confidential and referred immediately to the Service Provider represented on the GCCT13. In GBV and VAC cases warranting police action, the Focal Points must appropriately refer the complaint to: (i) the authorities; (ii) the Service Provider; and, (iii) management for further action. The Employer and the World Bank are to be immediately notified.
13Survivors of GBV and VACmay need access to police, justice, health, psychosocial, safe shelter and livelihood services to begin on a path of healing from their experience of violence.
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(a) Accountability Measures 28. All reports of GBV or VAC shall be handled in a confidential manner in order to protect the rights of all involved. To ensure that survivors feel confident to disclose their experience of GBV or VAC, 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 on the basis of survivor’s disclosure, experience or perceived experience of GBV or VAC (see Annex 1 for examples of actions to maintain accountability). (b) Monitoring and Evaluation 29. The GCCT 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. 30. These statistics shall be reported to the GRM and the Supervision Engineer for inclusion in their reporting. 31. In GBV and VAC cases warranting police action, the client and the World Bank are to be immediately notified. (c) Awareness-raising Strategy 32. It is important to create an Awareness-raising Strategy with activities aimed to sensitize employees on GBV and VAC on the work site and its related risks, provisions of the GBV and VAC Codes of Conduct, GBV and VAC 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 also the related (expected) delivery dates. Awareness-raising activities may be linked with trainings provided by Service Provider. (d) Response Protocol 33. The GCCT will be responsible for developing a written response14 protocol to meet the project requirements, in accordance to national laws and protocols. The response protocol must include mechanisms to notify and respond to perpetrators in the workplace (See 4.8 for Perpetrator Policy and Response). The response protocol will include the GRM process to ensure competent and confidential response to disclosures of GBV and VAC. An employee who discloses a case of GBV or VAC in the workplace shall be referred to the GRM for further action. (e) Survivor Support Measures 34. 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. Refer the survivor to the Service Provider to obtain appropriate support services in the community—including medical and psychosocial support, emergency accommodation, security including police protection and livelihood support—by facilitating contact and coordination with these services. The contractor
14 Develop appropriate protocol for written recording of GBV issues and VAC raised in case the notes are subpoenaed. Develop processes for record keeping including activities undertaken by the GCCT.
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may, where feasible, provide financial and other supports to survivors of GBV or VAC for these services (see Annex 1 for examples of financial support). 35. If the survivor is an employee, in order to ensure the safety of the survivor and the workplace in general, the contractor, in consultation with the survivor, will assess the risk of ongoing abuse, to the survivor and to the workplace, and make reasonable adjustments to the work schedule and work environment as deemed necessary (see Annex 1 for examples of safety measures). The contractor will provide adequate leave to survivors seeking services after experiencing violence (see Annex 1 for details). (f) Perpetrator Policy and Response 36. Encourage and accept notification through the GRM from employees and community members about perpetrators in the workplace. Through the GCCT and/or the Service Provider, 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 contractor will take action which could include: a. Undertake disciplinary action up in accordance with sanctions in the GBV and VAC Codes of Conduct; b. Report the perpetrator to the Police as per local legal paradigms; and/or c. If feasible, provide or facilitate counselling for the perpetrator. (g) Administrative Sanctions 37. In accordance with the Code of Conduct, any employee identified as a potential GBV or VAC perpetrator shall be considered for disciplinary measures in line with sanctions and practices as agreed in the Individual Code of Conduct (see Annex 1 for examples of sanctions). 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 labor legislation. 30. 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 separate from any charges or sanctions that the official investigation may result into (e.g. monetary fines, detention etc.). G7. Attachment 1 - Potential Procedures for Addressing GBV and VAC Accountability Measures to maintain confidentiality can be achieved through the following actions: 1. Inform all employees that confidentiality of GBV/VAC survivors’ personal information is of utmost importance. 2. Provide the GCCT 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 and VAC Allegation Procedures should specify:
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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 or VAC. 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. Upfront payments for medical costs to be recouped from the employee’s health insurance. 5. Providing or facilitating access to childcare. 6. Providing security upgrades to the employee’s home. 7. Providing safe transportation to access support services or to and from accommodation. Survivor Support measures to ensure the safety of the survivor can include: 1. Changing the employee’s span of hours or pattern of hours and/or shift patterns. 2. Redesigning or changing the employee’s duties. 3. Changing the employee’s telephone number or email address to avoid harassing contact. 4. Relocating the employee to another work site/ alternative premises. 5. Providing safe transportation to and from work for a specified period. 6. Supporting the employee 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 GBV should be able to request paid special leave to attend medical or psychosocial appointments, legal proceedings, relocation to safe accommodation and other activities related to GBV. 2. An employee who supports a person experiencing GBV or VAC may take carer’s 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 carer’s 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 GCCT where appropriate.
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Potential Sanctions to employees who are perpetrators of GBV and VAC include: Informal warning Formal warning Additional Training Loss of up to one week’s salary. Suspension of employment (without payment of salary), for a minimum period of 1 month up to a maximum of 6 months. Termination of employment. Referral to the Police or other authorities as warranted.
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ATTACHMENT 8 ACCIDENT REPORTING PROCEDURE AND FORM
Serous Case: Accident Minor Case Occurred: Do not move the injured
person (IP)
Accident Reporter/ Worker who are not injured:
1. Immediately calls Provincial Rescue/ Nearest Hospital: Rescue Number: xxx Nearest Hospital: xxx
Accident Reporter/ Worker who are not injured:
2. Take photos or record video of the accident for reporting 3. Calls contractor site engineer (CSE): active number 4. Send the IP to nearest hospital by Rescue/hospital car
Contractor site engineer (CSE):
5. Immediately heads to the accident site or hospital where the IP transferred to 6. Inspect and take photos for reporting 7. Calls OPWT site supervision (DSS)-name and active number OPWT
DOPWT site supervision (DSS):
8. Immediately heads to the accident site or hospital where the IP transferred to 9. Inspect, take photos and fill the accident report form 10. Report to ESU and PTRI and send photos of accident in the WhatsApp group on the day of accident occurred.
PTRI/EDPD:
11. Inform and report to WB within 24 hours 12. Follow up the situation of IP
Filing Accident Report
13. Keep a copy of Accident Report at contractor office, DPWT, PTRI, WB 14. Include the accident report in the monthly and quarterly safeguard monitoring report
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ACCIDENT REPORT
Date of the Accident: Time:
Location:
Type of Accident:
Detailed Description of the Accident:
Responses / Corrective Actions Taken:
Possible Causes(s) of the Accident:
Suggested Preventive Measures:
Submitted by: Position:
Signature: Date:
Reviewed by : ______Date : ______
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ATTACHMENT 9 SAMPLE FORM OF GRIEVANCE REDRESS MECHANISM MONITORING
Sample Form of Grievance Redress Mechanism Monitoring to be used by Village Grievance Committee Village:……………………………………………………; District:…………………………………………………; Provinces:………………………………………………….
No Location Brief Description/nature of Grievance Ethnic Date of Grievance Status of action taken Action Remarks/ (PK/Km) grievance applied by Group grievance received taken Explanation or village and contact received by by detail or Solved or Date of code (not what action mandatory) action completed taken or taken
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Sample Form of Grievance Redress Mechanism Monitoring to be used by District Grievance Committee and PMU District:…………………………………………………; Provinces:…………………………………………………., Month/Year…………………………………………
No Locatio Villag Brief Description/nature of Grievance Ethnic Date of Grievance Status of action taken Action Remarks/ n e grievance applied by Group grievance received taken by Explanatio (PK/K with contact received by Solved or Date of n m) detail or what action action code (not taken complete mandatory) d or taken
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ATTACHMENT 10 MINUTES OF CONSULTATION MEETINGS IN BOLIKHAMXAY AND KHAMMOUANE PROVINCES
LAO PEOPLE’S DEMOCRATIC REPUBLIC
PEACE INDEPENDENCE DEMOCRACY UNITY PROSPERITY
Ministry of Public Works and Transport (MPWT) The Department of Road (DoR) and The Public Works and Transport Research Institute (PTRI)
Minutes of Consultation Meetings in Bolikhamxay and Khammoaune Provinces
Lao Road Sector Project 2 Additional Financing (LRSP2-AF)
Project No. (P170951)
Vientiane, September 2019
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1 INTRODUCTION 1.1 Project Background 1. The proposed Lao Road Sector Project 2 Additional Financing (LRSP2-AF or the Project) builds on the achievements of the parent Lao Road Sector Project 2 (LRSP2). The Project is being prepared to support the Government of Lao PDR (GoL) in the preservation of the Lao road network. The Project will finance civil works in the form of routine and periodic maintenanceto preserve the road network as well asspot improvements to strengthen vulnerable sections and thereby enhance climate resilience. In addition to the World Bank, the Nordic Development Fund (NDF), the European Investment Bank (EIB) and the European Union (EU), and the Asian Infrastructure Investment Bank (AIIB) have provided complementary parallel financing for works and TA of the parent project and this arrangement is expected to be applied for the Project. This Environment and Social Management Framework (ESMF) being applied under the parent project is updated to include additional work activities (subproject) for new section of National Road 13 South (NR13 S). 2. The Project Development Objective (PDO) of the LRSP2-AF is similar to that of the parent project i.e. to strengthen maintenance systems to improve reliable road connectivity in Lao PDR and, in the event of an Eligible Crisis or Emergency, to provide immediate and effective response to said Eligible Crisis or Emergency. The Project will scale up the investment of LRSP2 to: (i) carry out climate resilience improvement and maintenance of 275 kilometers of national road 13 south (NR13S) sections from Bolikhamxay (BKX) to Khammouane (KM) provinces using an Output- and Performance-Based Road Contract (OPBRC), (ii) provide additional technical and operational assistance for contract management, quality assurance, road safety, Electrical Vehicle (EV) regulations, urban mobility and environmental and social monitoring, and (iii) to provide equipment and flood relief facilities to villages located in flood-prone areas along the NR13S road sections to mitigate potential negative impacts due to flooding. Two additional subcomponents will be added to cover these activities: i.e. Sub-component 1.3: Design and Supervision of NR13S Improvement and Maintenance and Sub-component 1.5: Improvement and Maintenance of NR13S and. Annex A provides an overview of the Project components compared to those of the parent project. 3. The improvement works for NR13S will include overlaying the existing wide two-lane carriageway with asphalt concrete (AC), as well as improving the climate resilience of vulnerable road sections. Improve road safety, especially for pedestrians, motorcyclists and farm tractors, the improvement works also include widening of shoulders on both sides from 1 to 2.5 meters (making the road a maximum of 12 meters wide) in sections with high traffic volume as well as in populated areas. These works will be executed on the existing road within the right of way, and no additional land acquisition is required. 4. The Project life will be 6 years; comprising 1 year for preparation and bidding, 3 years to carry out civil works related to the improvement and enhance climate resilience of
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NR13S, followed by 2 years for maintenance. As a result, an extension of the project closing date to December 13, 2025 is required.
1.2 Objective 5. The consultation was conducted in two provinces (BLKX and KM provinces), the main objectives of the consultation were for: To consult on the draft of ESMF, RPF and EGPF; To know the perception of local authority on the implementation of the LRSP 2-AF; To share working experience with all participants on the implementation of E&S for the road development project. 1.3 Methodology 6. The PP presentation was used to explain the draft of ESMF, RPF and EGPF to the audiences and open discussion have given to all participants to discuss and share their own experience with the EDPD team.
2 THE PARTICIPANTS 7. In Bolikhamxay province, the project pass through three districts namely Thapabad, Parksan and Parkading and 54 villages from 10-village groups were officially invited into the consultation meetings. There were 224 participants and 58 females. The detail of the village group was shown in table 1. 8. In Khammouan province, the project pass through two districts namely Thakhek and Hinboun and 37 villages from 8-village groups were officially invited into the consultation meetings. There were 118 participants and 30 females. The detail of the village group was shown in table 1.
Table 1: Name and the number of participants in each village group
No District Village group Participated villages Participants Females
Bolikhamxay Province 54 villages 224 58
1 Thapabad 5 villages: Naxai, Xaixavang, Laoka, 23 10 Phonsan Nakaen and Pabadphonsun
6 villages: Seesomxai, Namlo, Yoyhai, 34 12 Thapabad Paktuay Nongkern, Parktuay and Vernthat
4 villages: Palai, Thabok, Phonsavanh 27 6 Thabok and Samakkeexay
2 6 villages: Hangxing, Kuayoudom, 21 6 Ssenoudom Namngieb and Huaysied Paksan 2 villages: Anousonxai and 11 2 Urban 2 Phonxaineau
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No District Village group Participated villages Participants Females
6 villages: Symungkhoun, Syvilay, 14 2 Urban 1 Myxay, Nachik, Sysaath and Phonsaath
8 villages: Phonsavang, Phonengarm, 29 5 Phonxaithai Thana, Hardxaikhoon, Parkkadun, Kengsdok and Phonxaitai
3 4 villages: Nadeua, Nakeuanok, 19 4 Thongnamee Namkhou and Thongnamee
7 villages: Seansamlane, Paksa, 22 5 PakkadingNeua, Donexay, Pakkading Parkading Hadsaykham, Phonxay and Phonchalern
6 villages: Namsang, Viengkham, 24 6 Viengkham Namthon, Khonsong, Na In and Nalieng
Khammouan Province 37 Villages 118 30
4 8 villages: Phonthong, Khamkeo, 25 7 Sysomsuen, Phonsavang, Songhong, Hinboun Khamkeo Khamkeo, Nonghoi, Vanghaopa
Napho, 3 villages: 11 1
NaPho and MaiNampakan, Nongbouanoy, Hinboun Xaysomboun and
Hinboun 1 village: Phokham
Hinboun 4 Paktuk villages: Phonsung, Huayhue, 31 8 Danhy, Laurlung.
Laukra and Paktuk 4 Laukra villages: Viengthong, Phonsay, Laukra, Phonsaart
5 Thakuang- 21 6 8 Jomthong villages: Phonkhoun, NaNgeo Nonsavang, NaNgeo, Nakok, Namdon, Thakhek Phonsoung, Maiphonsy and NaYavay
30 8 Jomthong and 7 Jomthong villages: Phonsytha,
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No District Village group Participated villages Participants Females
Nadon Syvilay, Phonsaart, Viengvilay, Suksavanh, Phonphim, Donmuang
2 Nadon villages: Nabuam, Nadon.
Total Two Provinces 91 villages 342 88
3 CONSULTATION FINDINGS 9. All the participants agreed that having the road upgrading and expanding is their dream. They all support this project with many positive reasons such as the new and standard road will be a signature of modernity, which shows a good image of the community as well as the country, having larger road equals to having better transportation, possibly reduce the issues of road accident and better road safety conditions. More details of the discussion on both positive and negative impacts of the road construction is discussed in heading 2. 10. Potential project risks and impacts on the local communities, people, their environment and livelihood, access etc (both positive and negative) are presented below:
a) Positive impacts 11. Some villagers pointed that the upgrading road project will significantly contribute to social and economic development. One of frequent reasons mentioned is that both villagers or local traders will be able to deliver goods (agriculture and handicraft products) to the neighbor districts, in the province or even in the Vientiane capital. Apart from the discussion of commercial activities, opinions about visiting relatives in other places were also mentioned. A lady from Phonxaithai village group, Parksun district said “with current road conditions, I rarely visit my relatives in other places because it takes time”. When we have good road, I can spend shorter time to visit other relatives/friends in other places, she added. Other villagers explained that local communities will have better and standardized road and this will contribute to not only having better and quicker transportation, which will reach destinations more quickly, but also having safety road conditions and this may help to reduce the number of road accident.
b) Potential risks and negative impacts 12. Common negative impacts discussed during the consultation meetings were: dust, rubbish, road accident and relocation issues as a result from road construction. In terms of the dust impact, the participants were aware that it is a common issue during road construction and many of the road construction projects did not have effective solutions to address this issue based on their experiences. The rubbish issues were also experienced by local communities. They explained that many of the road construction projects likely to leave their unused materials in local communities during and/or after
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the completion of the construction and those materials become rubbish in the communities. Additionally, many female participants claimed that apart from leaving unused materials, rubbish also come from workers during the construction. Sometimes construction workers do not manage their rubbish and throw it in public. 13. Regarding the road accident, based on experiences of the local communities, accidents were frequently happened during the road construction period because of inconvenient transportation. Villagers elaborated this point by arguing that many road construction projects were likely not paying attention to the road accident and the accident issue is like to happens as usual. Sometimes, there were no signal signs that road users need to be aware and be careful if there is construction in front or there are some holes on the road, some villagers added. 14. Relocation issues were also pointed out as negative impacts. Despite the fact that all of the participants are aware that 25 m of both side of the 13th southern road has been issued by the Lao government as conservative area since 1996, some villagers argued that many villagers established their house/s before the 1996 so they should be compensated with acceptable conditions. Villagers claimed that those who expanded their restaurants or houses close to road after the 1996, they should not claim for compensation. This view was supported by many participants. An example is a man, about 70 years old, from Viengkham viallge, Parkading district saying that he has run a shop next to the road after the 1996 despite having informed by local authorities that it is conservative area. He agreed to move out without compensation. Another man added that the 13th road upgrading is a government project and all villagers are aware of road conservative area and they would not argue against the government when the project come. 15. However, in practice, the compensation issue should not take for granted and an effective solution should be clearly made. c) Proposed mitigation measures and actions: 16. Some mitigation measures were discussed. In terms of road accident, having signal signs/banners posted on the road with wordings saying ‘there is constructing in 100 m or more, please reducing seeped to 30 km/h) during the construction is needed. Some villagers using their old experiences to explain this point the fact that sometimes the signal signs were already existed but they were removed or destroyed by road users so the project needs to pay more attention to check regularly in order to avoid or minimize the road accident issue. 17. Stick on action plans and timeframe were further recommended. The participants claimed that it is important to stick on the schedule and villagers should be regularly informed if any changing occurred during the construction. d) Concerns, issues, expectations and suggestions raised by the PAPs/PAHs
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18. Compensation, noise and dust, be practical and an effective collaboration were frequently raised and discussed during the group discussion. 19. The compensation issue was popular topic. Concerns were related to the question whether or not those villagers having house/s, restaurants or/and other business activities next to the 13th southern road will be compensated when project happens and how will be implemented? For example, land compensation, whether villagers will be compensated the same price as they bought or higher or lower? some villagers added. Some others further raised a concern of house broken during the construction because of heavy trucks and/or pressing road with heaving machines/trucks. This can be issue of compensation and how it will be compensated. 20. Regarding the noise and dust issues, the participants explained that sometimes the construction was happened during the days and nights so villagers’ free time or relax time were disturbed and taken. The villagers hope that the project will have some mitigation strategies to deal with these issues. 21. In terms of being practical, many of the participants explained that based on their experiences, sometimes the project coordinators worked with local authorities and informed the affected households to move out/ relocated their business activities (can be house, restaurants and others) so the project can start working but unfortunately, some cases were eventually not affected when the project implemented despite the fact that their business activities were already removed without compensation. Villagers suggest that the project should have a good practical plan and actions should be implemented in according to the plan. 22. An effective collaboration with different stakeholders (villagers/affected households, local and government authorities, project owners and donors) was strongly suggested by the discussion groups. The participants believe that the project corridor is someone who has power to control budget plans and project working plans. Therefore, the project coordinator is considered as key contact person working along these diverse beneficiary actors, participants added. e) Proposed mitigation measures and support required by man and women: 23. Different mitigation approaches were pointed and discussed amongst the participants and gender perceptions were also included. 24. Overall, both females and males shared similar mitigation measures. Regarding the dust and noise, regular purring water during the construction is suggested in order to minimize the dust issue. In terms of compensation matters, the participants suggested that the project committees should come and closely consult with local authorities and affected households and agreement between parties should be made at the local level, villagers claimed. Both project and local communities should be able to reach an agreement of what and how both parties can contribute to the project development, participants added. For example, how much compensation can be accepted by both affected households and government and what kinds of contributions that local communities can contribute to the project or government. Once the promise is
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developed, the parties must stick on it. Some other village interviewees claimed that livelihood restoration is also essential mitigation, particularly those affected families. 25. Looking at specific gender perception, the suggested mitigation measures by males are more related creating a temporary road avoiding from the main road for road users during the construction of the main road (if it is possible). Males also proposed to have signal signs close to the construction areas, specific posters with road conditions should be posted before and on the construction area. Additionally, signal lights or posters in curve areas and drainage ways are also suggested. For females, frequent recommended mitigation is to create pedestrian in the school areas or even building a small bridge across the road. f) Did project beneficiaries, project affected people or households (PAPs/PAHs) or other stakeholders consulted broadly support the proposed project?
26. All the participants in the consultation meeting agreed to support the project. g) Next steps/ agreed action, persons responsible, resources/budget and timeframe (basically to confirm the point 6): 27. Overall, villagers have a trust with the project; particularly the name of WB is well- known and trustable. They thought the 6-year project is not really long and of course the shorter timeframe is better, villagers added. However, some of the interviewees questioned about the possibilities because global economic conditions can influence the project particularly if the donors face financial difficulties, it might affect the project implementation too. 28. Information disclosure and grievance redress mechanism required to be established: Firstly, working closely with local authorities is recommended. The information disclosure can be a poster posted in the village office so when villagers come to a meeting, they can have a look more closely. It is also important to note that the disclosure of the project information should be accessible by all village members and make sure that everyone receive the same messages, others added. Therefore, the project information disclosure should be organized in village meeting hall and all households shall be invited and their voices are discussed and considered. Secondly, consultation meetings with affected households separately is a must, most of the interviewees claimed. This may open opportunities with both project owners and local communities to seek and reach their bargain with a win-win solution. Thirdly, all related decrees and agreements form the government office should posted in the village office. Finally, the grievance mechanism (committee) is significant and it should be established at village and district level in order to response the project issues more quickly and effectively, villagers recommended. h) Road Safety (During and after the completion of construction- short term and long- term impacts):
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29. Diverse road safety techniques were suggested during the consultation meetings. For the short-term solution, reducing speeds or speed limits in the construction area should be suggested to road users. Also signal lights/signs near and in the construction areas, creating temporary road avoiding the main construction area, and regular cleaning the construction areas are recommended. 30. For the long-term solution, having cameras were highlighted. Local communities raised many examples of road accidents and parties are not responsible and the fact that there is no evidence to be confirmed. For example, in Viengkham village, there were cases of road accident and unfortunately, the local community could not find who were perpetrators. If there is a road camera, it would help, villagers claimed. Another type of road accident is because of curve road or a small bridge. For example, in Thongnamee viallge, Parkkading district, often accidents happened in the curve road next to the Namkhou bridge so having a fence alongside the curve area is required by local communities. Pedestrian and signal bans in schooling areas were frequently pointed during the group discussions. i) The perception on the disaster caused by road project and proposed mitigation measures to be identified among villagers and stakeholders: 31. The disaster issue is related flooding and many local communities have been facing. The flooding was considered from two main causes: The first is because of raise of the Mekong rivers and the mall rivers in the local communities, particularly during the rainy season. recommended mitigation measures to address this issue to establish a center for responding the flooding. The center should be provided with facilities and necessary assistance equipment such as boats, trucks and communication tools and make sure that villagers can access to these facilities. While having a center is considerably important, many other participants in the group discussion suggested to renovate current existing facilities in local public buildings such as schools, village office or temples and these places can be used during and after flooding issues. Some villages suggested to build water gate that can be closed and opened in different seasons, which can solve the flooding issue. For example, in the Kouddaeng river, Pasoom village, Paksun district, villagers explained that the flooding occasionally happens when there is a lot of rain. If there is a gate water in the Kouddaeng river, it can solve the flooding issues. Others also asked the support of water pumping machine to drain flooding water. 32. Secondly, others claimed that the flooding is because of having small drainage pipes. By having bigger drainage pipes or having a bridge for some cases, it would help the flow of rain water, villagers argued. j) The gender perspective on the road project through consultation, design, planning, implementing and monitoring to be promoted during the project cycles: 33. In terms of designing and implementing the road construction project, many of the participants suggested that the participation of the local communities is significant.
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Local residents are aware of the road conditions and they are able to share some potential solutions. 34. Regarding gender perspectives, different views on gender roles and participations were raised. Many of the female and male interviewees argued that women have more power when talking about financial control and the final decision making. We can say it is equal but in practice women have more power regarding the finance management, many men added. A lady participant said, I agreed women have power because men are not good at the management of finance. When compensation come, women will take charge to claim money, a man added. 35. However, some others feel that the final decision making comes from both husband and wife. They have equal roles and so they share equal responsibilities. Their roles and responsibilities are interchangeable in practice depending on their ability and availability, villagers added. 36. Only a Viengkham village lady pointed that man has more power than woman. She gave an example of her experience that the final decision making is mainly based on husband. She said, I respect my husband decision and I followed him. This argument is further explained by another lady in Parkading saying that some women are illiterate but most of men they are literate, also men are usually a head of the family. Therefore, men are often involved in village activities.
4 RECOMMENDATIONS 37. Villagers would like to hear more from the project regarding the budget for compensation? Where does it come from? And the compensation should be acceptable and transparency. 38. In terms of information disclosure of the project, it should be detailed and villagers’ satisfaction or feedback should be studied and evaluated. 39. The main road should higher than the alleyways in villages. The issue is that the alleyways are often not developed by the project so it makes difficulty for the villagers’ transportation and most of the time they handle by themselves. Thus, it would be great if the project can develop the alleyways, which is about 5-10 m from the main road. 40. Compensation should be completed before the project starts and villagers should be informed for at least 2-3 month before construction starts. 41. Based on local experiences, villagers particularly those who have house/s next to the main road were asked to contribute the drainage pipes. The hope that this project might be different. 42. If will be great if there is a bus waiting area and the project can design bus top areas. 43. Both quality and quantity of the road construction are important. Thus, the project owner or donors should pay attention to. Sometimes, new roads are broken after two years, which is sad, villagers commended.
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44. Having consultation meetings are significant and this is the first time for villagers to participate in road construction project, their voices and concerns are discussed, we support this kind of meeting, added by the participants.
5 LIST OF PARTICIPANTS
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