Environmental and Social Management Framework (ESMF)

Home , Aunglan Township, Budalin Township, Danubyu Township, Gangaw Township, Hsipaw Township, Kungyangon Township

The Republic of the Union of Myanmar Ministry of Agriculture, Livestock and Irrigation

Myanmar National Food and Agriculture Systems Project (NFASP)

November 24, 2020

NFASP Environmental and Social Management Framework (ESMF)

List of Acronyms and Abbreviations

Term Explanation

AB Artificial Breeding ARPA Abbreviated Resettlement Action Plan AIDS Acquired Immunodeficiency Syndrome ADS Agriculture Development Strategy ADSP Agriculture Development Support Project AEZ Agro-ecological Zones AZ Archaeological Zone ASFR Area-specific Fertilization Recommendation AI Artificial Insemination AV Artificial Vagina AHPs ASEAN Heritage Parks ARAP Abbreviated Resettlement Action Plan ASEAN Association of Southeast Asian Nations BP Bank Policies CAHW Community Animal Health Worker CBD Convention on Biological Diversity CBO Community-based Organizations CCVFV Central Committee for the Management of Vacant, Fallow and Virgin Lands CESMP Contractor Environmental and Social Management Plan CERC Contingent Emergency Response Component CERP COVID-19 Economic Relief Plan - Myanmar CERIP Contingent Emergency Response Implementation Plan CFC Chlorofluorocarbon CFW Cash for Work COC Code of Conduct COOP Cooperative Department COVID-19 Coronavirus Disease 2019 CPPF Community Participation Planning Framework (CPPF) CPP Community Participation Plan DFS Deep Frozen Semen DOA Department of Agriculture DAR Department of Agriculture Research DANM Department of Archaeology and National Museum DRD Department of Rural Development DSW Department of Social Welfare E&S Environmental and Social EA Environmental Assessment EAO Ethnic Arm Organization ECOPs Environmental Codes of Practice ECL Environmental Conservation Law

NFASP Environmental and Social Management Framework (ESMF)

Term Explanation

ECD Environmental Conservation Department ECR Environmental Conservation Rules EHS Environmental Health and Safety EIA Environmental Impact Assessment EIQ Environmental Impact Quotient EMP Environmental Management Plan EIAP Environmental Impact Assessment Procedure ESAP Environmental and Social Action Plan ESIA Environmental and Social Impact Assessment ESMF Environmental and Social Management Framework ESMP Environmental and Social Management Plan ESP Ethnic Service Providers ESRS Environmental and Social Review Summary FAO Food and Agriculture Organization FG Farmer Group FMB Farmland Management Body FM Financial Management FPIC Free, Prior and Informed Consent FSWG Food Security Working Group GAD General Administration Department GAHPs Good Animal Husbandry Practices GAP Good Agricultural Practices GBV Gender Based Violence GDP Gross Domestic Product GHG Green House Gas GHS Globally Harmonized System GI Geographic Indication GIIP Good International Industry Practice GIZ Deutsche Gesellschaft für Internationale Zusammenarbeit GMO Genetically Modified Organisms GoM Government of Myanmar GRM Grievance Redness Mechanism GRS Grievance Redress Service HIV Human Immunodeficiency Virus IAQE Inclusive Access and Quality Education ICC International Code Council ICT Information and Communication Technology IDA International Development Association IEE Initial Environmental Examination IFC International Finance Cooperation INGO International Non-governmental Organization IPF Investment Project Financing

NFASP Environmental and Social Management Framework (ESMF)

Term Explanation

IPL Inclusion and Peace Lens IP Inspection Panel ISO International Standards Organization IWUMD Irrigation and Water Utilization Management Department KBA Key Biodiversity Areas KC Knowledge Center LBVD Livestock Breeding and Veterinary Department LCG Land Core Group LMP Labor Management Plan LRPF Land Resettlement Policy Framework LUD Land Use Division M&E Monitoring and Evaluation MAF Myanmar Agri Food MAPCO Myanmar Agribusiness Public Corporation MCCMP Myanmar Climate Change Master Plan MCCP Myanmar Climate Change Policy MCDRR Myanmar Consortium for Disaster Risk Reduction MDL Mandalay MFD Maximizing Finance for Development MNCWA Myanmar National Committee for Women’s Affairs MOALI Ministry of Agriculture, Livestock and Irrigation MOECAF Ministry of Forestry and Environmental Conservation MOHS Ministry of Health and Sports MOI Ministry of Industry MOLIP Ministry of Labor, Immigration and Population MONREC Ministry of Natural Resources and Environmental Conservation MOPFI Ministry of Planning, Finance and Industry MORAC Ministry of Religious Affairs and Consent Culture MOSWRR Ministry of Social Welfare, Relief and Resettlement MPSWA Myanmar Professional Social Workers Association MRKTDC Myanmar Rubber Knowledge and Technical Dissemination Center MSDP Myanmar Sustainable Development Plan MZ Monument Zone NB Natural Breeding NCDD National Community Driven Development NCDDP National Community Driven Development Project NDMC National Disaster Management Committee NEP National Environmental Policy NEQG National Environmental Quality (Emission) Guidelines NFASP National Food and Agriculture Systems Project NIH National Institutes of Health NPSC National Project Steering Committee

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NFASP Environmental and Social Management Framework (ESMF)

Term Explanation

O&M Operations and Maintenance ODA Official Development Assistance OP Operational Policies OHS Occupational Health and Safety PAP Project Affect Person PAD Project Appraisal Document PAs Protected Areas PCR Physical Cultural Resources PCRM Physical Cultural Resources Management PCRMP Physical Cultural Resources Management Plan PDO Project Development Objective PHI Pre-harvest Interval PIC Prior Informed Consent PID Project Information Document PIM Project Implementation Manual PMP Pest Management Plan PMU Project Management Unit

POP Persistent Organic Pollutants PPE Personal Protective Equipment PPCP Peaceful and Prosperous Community Project PPD Plant Protection Division PPD Plant Protection Department PPE Personal Protective Equipment PPF Protected Public Forest PRB Pesticide Registration Board PWC Project Working Committee PZ Protected and Preserved Zone PAs Protected Areas R&D Research and Development R&R Resettlement and Rehabilitation RAP Resettlement Action Plan RDD Relief and Resettlement Department RF Reserved Forest RPF Resettlement Policy Framework RSS Ribbed Smoked Sheet RVP Regional Vice President SDS Safety Data Sheet SA Social Assessment SEA Strategic Environmental Assessment SIRAP Solomon Islands Roads and Aviation Project SOP Standard Operating Procedure

NFASP Environmental and Social Management Framework (ESMF)

Term Explanation

TA Technical Assistance TCAMP Township Conflict Analysis and Mitigation Plan TL Tentative List TOR Terms of Reference ToT Training of Trainers TS Township UNDP United Nation Development Program UNECE United Nations Economic Commission for Europe UNESCO United Nations Educational, Scientific and Cultural Organization US United States VCC Value-chain Clusters VCU Value for Cultivation and Use VP Vice President VPG Vulnerable Population Group VTA Village Tract Administrator WCS Wildlife Conservation Society WB World Bank WBG World Bank Group WHO World Health Organization WUA Water User Association WUG Water User Group YGN Yangon

NFASP Environmental and Social Management Framework (ESMF)

Document History

Original November 24, 2020 Cleared by WB RSA

NFASP Environmental and Social Management Framework (ESMF)

Table of Contents EXECUTIVE SUMMARY ...... 1 FOREWORD ...... 7 1. INTRODUCTION ...... 9

1.1. PROJECT BACKGROUND ...... 9 1.2. OBJECTIVE OF THE ESMF ...... 9 1.3. SCOPE OF THE REVISED ESMF ...... 10 2. PROJECT DESCRIPTION ...... 12

2.1. PROJECT DEVELOPMENT OBJECTIVE ...... 12 2.2. PROJECT BENEFICIARIES ...... 12 2.3. PROJECT COMPONENTS AND SUB-COMPONENTS ...... 14 3. LEGAL AND POLICY FRAMEWORK ...... 23

3.1. APPLICABLE NATIONAL LAWS OF MYANMAR ...... 23 3.1.1. Environmental Protection...... 23 3.1.2. Natural Habitats ...... 24 3.1.3. Pest Management ...... 24 3.1.4. Cultural Heritage ...... 24 3.1.5. Ethnic Groups ...... 25 3.1.6. Gender ...... 26 3.1.7. Land Acquisition ...... 26 3.1.8. Health and Safety ...... 27 3.1.9. Other Relevant Laws ...... 28 3.2. WORLD BANK OPERATIONAL POLICIES ...... 28 3.3. GAP ANALYSIS BETWEEN WORLD BANK OPERATIONAL POLICIES AND MYANMAR LEGISLATION ...... 37 4. ENVIRONMENTAL AND SOCIAL BASELINE CONDITIONS ...... 60

4.1. PHYSICAL ENVIRONMENT ...... 60 4.1.1. Geography ...... 60 4.1.2. Climatic Conditions ...... 61 4.1.3. Water Resources and Major Rivers ...... 63 4.1.4. Soils ...... 63 4.2. BIOLOGICAL ENVIRONMENT ...... 64 4.2.1. Key Biodiversity Areas ...... 64 4.2.2. Protected Areas ...... 64 4.3. SOCIAL ENVIRONMENT ...... 68 4.3.1. Population Density in States and Regions ...... 68 4.3.2. Population Growth Rates in Urban and Rural ...... 69 4.3.3. Gender Ratio ...... 69 4.3.4. Languages ...... 71 4.3.5. Literacy Rates ...... 71 4.3.6. Religions ...... 71 4.4. SOCIO-ECONOMIC STATUS ...... 71 4.4.1. Agriculture and Livestock ...... 71 4.4.2. Sugarcane ...... 73 4.4.3. Tea ...... 73 4.4.4. Cotton ...... 74 4.4.5. Livestock ...... 74

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NFASP Environmental and Social Management Framework (ESMF)

4.4.6. Rubber ...... 75 4.5. DESCRIPTION OF IRRIGATION SCHEME AREA ...... 75 4.6. MYANMAR COOPERATIVE SOCIETY ...... 81

5. POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS AND MITIGATION MEASURES ...... 82

5.1. POTENTIAL POSITIVE IMPACTS ...... 82 5.2. POTENTIAL NEGATIVE IMPACTS OF SUBPROJECTS AND ITS MITIGATION MEASURES ...... 89 5.3. POTENTIAL IMPACTS OF COVID-19 DURING PROJECT IMPLEMENTATION ...... 99 6. FRAMEWORK FOR ENVIRONMENTAL AND SOCIAL MANAGEMENT ...... 100

6.1. OBJECTIVES AND METHODOLOGY ESMF ...... 100 6.1.1. Objectives ...... 100 6.1.2. Methodology ...... 101 6.2. ELIGIBLE ACTIVITIES AND INITIAL SITE SENSITIVITY SCREENING ...... 101 6.3. SAFEGUARDS PROCEDURES ...... 104 6.3.1. Step 1: Safeguards Screening ...... 105 6.3.2. Step 2: Environmental and Social Safeguards Tools/Instruments ...... 105 6.3.3. Step 3: ESMF Implementation ...... 109 7. IMPLEMENTATION, SUPERVISION, MONITORING AND REPORTING OF THE ESMF ...... 111

7.1. IMPLEMENTATION ...... 111 7.1.1. Institutional Arrangements ...... 111 7.1.2. Role and Responsibilities ...... 113 7.2. MONITORING AND REPORTING ...... 114 8. CAPACITY BUILDING AND BUDGET FOR ESMF IMPLEMENTATION ...... 116

8.1. CAPACITY BUILDING...... 116 9. STAKEHOLDER ENGAGEMENT, PUBLIC CONSULTATION, AND INFORMATION DISCLOSURE . 118

9.1. STAKEHOLDER ENGAGEMENT PLAN ...... 118 9.2. PUBLIC CONSULTATION AND COVID-19...... 129 9.3. PUBLIC CONSULTATION AND INFORMATION DISCLOSURE ...... 130 10. GRIEVANCE REDRESS MECHANISM ...... 142

10.1. OBJECTIVE ...... 143 10.2. GRIEVANCE REDRESS COMMITTEE (GRC) ...... 143 10.3. GRIEVANCE PROCEDURE ...... 145 10.3.1. Publicize the GRM to Stakeholders ...... 145 ...... 146 10.3.2. Receive, Register and Acknowledge The Grievance ...... 147 10.3.3. Review and Investigate the Grievance ...... 148 10.3.4. Inform and Assign Responsibility ...... 149 10.3.5. Develop Resolution at FG Level ...... 149 10.3.6. Develop Resolution at PIC Level ...... 150 10.3.7. Rejection of the Resolution by the Complainant ...... 150 10.3.8. Referral to the PMU Level ...... 150 10.3.9. Implementation of the Resolution ...... 151 10.3.10. Notification of Complainant...... 151 10.3.11. Closure of the Grievance ...... 151 10.3.12. GRM Database ...... 152 10.4. COMPLAINTS REDRESS POLICY (GRIEVANCE RESOLUTION SYSTEM) ...... 152

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NFASP Environmental and Social Management Framework (ESMF)

10.5. A 5-STAGE PROCESS OF THE GRIEVANCE REDRESS SYSTEM ...... 153 ANNEXES ...... 157 ANNEX 1: SAFEGUARDS SCREENING FORM ...... 158 ANNEX 2: ENVIRONMENTAL CODES OF PRACTICE (ECOPS) ...... 168 ANNEX 3: GUIDELINES FOR PREPARATION OF ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP) ...... 185 ANNEX 4: GUIDELINES FOR A PEST MANAGEMENT PLAN ...... 191 ANNEX 5: PCRM WITH CHANCE FIND PROCEDURE FOR PHYSICAL CULTURAL RESOURCES ...... 198 ANNEX 6: COMMUNITY PARTICIPATION PLANNING FRAMEWORK (CPPF) ...... 201 ANNEX 7: RESETTLEMENT POLICY FRAMEWORK (RPF) ...... 207 ANNEX 8: GUIDANCE FOR DAM SAFETY ASSESSMENTS ...... 222 ANNEX 9: GUIDANCE FOR IDENTIFICATION OF RISK LEVEL OF LABORATORIES ...... 228 ANNEX 10: PROPOSED LIST OF LABORATORIES TO BE IMPLEMENTED UNDER NFASP ...... 231 ANNEX 11: LIST OF PROHIBITED CHEMICALS AND RESTRICTED CHEMICALS ...... 239 ANNEX 12: EXAMPLE OF CODE OF CONDUCT (COC) FOR CONTRACTOR’S PERSONNEL (ES) FORM 242 ANNEX 13: GUIDANCE NOTE ON MANAGING RISKS RELATED TO LANDMINES AND UXO IN NFASP ...... 245 ANNEX 14: TERMS OF REFERENCE (TORS) FOR PMU CONSULTANTS– NFASP ...... 254 ANNEX 15: MEETING MINUTES OF PUBLIC CONSULTATIONS IN NAYPYIDAW, MANDALAY, AND YANGON: ...... 263 APPENDIX 16: GRIEVANCE FORM, GRIEVANCE CLOSEOUT FORM AND GRIEVANCE REGISTRY ..... 319 ANNEX 17: CONTINGENCY EMERGENCY RESPONSE COMPONENT (CERC) ...... 322

NFASP Environmental and Social Management Framework (ESMF)

List of Tables

Table 1: List of NFASP Project Activities ...... 19 Table 2: World Bank Operational Policies: Triggered by NFASP ...... 29 Table 3: Gap Analysis Between World Bank OPs and Myanmar Legislation ...... 38 Table 4: Potential Water Resources ...... 63 Table 5: Reserved Forest and Protected Public Forest Area ...... 65 Table 6: List of the Protected Areas in Myanmar as of 2019 ...... 67 Table 7: Area, Estimated Population, Growth Rate and Density in States and Regions (Years 2016- 2017) ...... 68 Table 8: Tea Production 2010 – 2017 ...... 74 Table 9: Cotton Production 2010 – 2017 ...... 74 Table 10: Rubber Production 2010 – 201825 ...... 75 Table 11: Potential Type of Subprojects ...... 83 Table 12: Potential Positive Impacts from Subprojects ...... 86 Table 13: Potential Subproject Negative Impacts and Proposed Mitigation Measures ...... 90 Table 14: Site Sensitivity and Safeguard Policies ...... 102 Table 15: Ineligible Procurement List ...... 104 Table 16: Categorization of Type of Subproject and Safeguard Approach ...... 104 Table 17: List of Potential Safeguard Instruments ...... 107 Table 18: Role and Responsibilities ...... 113 Table 19: Training Plan for Key Stakeholders ...... 116 Table 20: Stakeholder Analysis for Previous Consultation in One Target Area ...... 120 Table 21: Engagement Process for ESMF Preparation and Revision ...... 122 Table 22: Engagement Method ...... 125 Table 23: Summary of Consultations for Draft ESMF and Project Design ...... 132 Table 24: Summary of Consultations for the Draft ESMP ...... 135 Table 25: Number of Participants Attending Virtual Public Consultation Meetings – September 2020 ...... 136 Table 26: Agenda of Public Consultation Meetings – September 2020 ...... 136 Table 27: Summary of Consultations for Redisclosure of the revised ESMF – September 2020 ...... 137 Table 28: Structure of NFASP ECoPs ...... 168 Table 29: ECoPs for General Construction Measures ...... 169 Table 30: ECoPs for Subproject Activities ...... 173 Table 31: ECoPs for Irrigation Schemes ...... 176 Table 32: Proposed Table of Contents for an ESMP ...... 186 Table 33: Mitigation Measures for Pesticide Use ...... 193 Table 34: Gap Analysis between Legal Framework in Myanmar and WB’s OP 4.12 ...... 212 Table 35: Entitlement Matrix ...... 219 Table 36: Monitoring Indicators to be Used ...... 220 Table 37: Four Stage Categorization of Irrigation Projects ...... 222 Table 38: Preliminary List of Projects under Subcomponent 1d ...... 225 Table 39: Identification of Laboratory Hazards ...... 228 Table 40: Identification of Laboratory Risk Priority ...... 230 Table 41: Details of Proposed Laboratories Under NFASP ...... 231 Table 42: Preliminary Risk Assessment Form ...... 253 Table 43: Results of ESMF Consultation – 3 February 2020 ...... 263 Table 44: Results of ESMF Consultation – 7 February 2020 ...... 267 Table 45: Results of ESMF Consultation – 20 February 2020 ...... 273 Table 46: Results of ESMF Consultation – 15th September 2020 (Naypyidaw Union Territory and Shan State) ...... 279

NFASP Environmental and Social Management Framework (ESMF)

Table 47: Results of ESMF Consultation – 17th September 2020 (Yangon Region and Bago Region) 285 Table 48: Results of ESMF Consultation – 21st September 2020 (Magway Region and Kayah State) 292 Table 49: Results of ESMF Consultation – 22nd September 2020 (Mandalay Region and Kachin State) ...... 298 Table 50: Results of ESMF Consultation – 23rd September 2020 (Tanintharyi Region and Mon State) ...... 304 Table 51: Results of ESMF Consultation – 24th September 2020 (Sagaing Region and Chin State) ... 309 Table 52: Results of ESMF Consultation – 25th September 2020 (Ayeyarwady Region) ...... 315 Table 53: Grievance Form ...... 319 Table 54: Grievance Close Out Form ...... 320 Table 55: Grievance Registry...... 321 Table 56: Positive list of goods, services, non-consulting services, works, and other expenses ...... 324 Table 57: CERC Positive List Activities: Generic Impacts And Mitigation Measures ...... 327

List of Figures

Figure 1: Map of the NFASP Target Areas ...... 13 Figure 2: Location of Myanmar ...... 60 Figure 3: Annual Rainfall in Myanmar ...... 61 Figure 4: Climate Zones of Myanmar ...... 62 Figure 5: Key Biodiversity Areas ...... 65 Figure 6: Protected Areas in Myanmar ...... 66 Figure 7: Population in Rural and Urban Areas ...... 70 Figure 8: Services at the Community Level of Regions and States ...... 72 Figure 9: Cultivation of Major Crops by Zones in Myanmar ...... 72 Figure 10: Myanmar’s Sugarcane Sown Area and Yield - 2010 to 201924 ...... 73 Figure 11: Livestock Breeding (Thousand Number) ...... 75 Figure 12: Map of the Mandalay Irrigation System ...... 77 Figure 13: Map of the Sagaing Irrigation System ...... 78 Figure 14: Map of the Bago Irrigation System ...... 79 Figure 15: ESMF Process Flow ...... 106 Figure 16: ESMF Implementation Flow Chart ...... 110 Figure 17: ESMF Implementation Agencies ...... 112 Figure 18: NFASP Grievance Procedure ...... 146 Figure 19: Grievance Resolution System ...... 155 Figure 20: Landmine/UXO Risk Management Framework ...... 250 Figure 21: Procedure to be Followed by in Case of Chance Find ...... 252

NFASP Environmental and Social Management Framework (ESMF)

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NFASP Environmental and Social Management Framework (ESMF)

Executive Summary

Project Background

The Myanmar National Food and Agriculture Systems Project (NFASP) aims to increase agricultural productivity and diversification in Myanmar, thereby enhancing market access for selected value chains in the project area and facilitating a robust response to the impact of the global COVID-19 pandemic. This will be achieved by addressing the current undersupply of key public agricultural goods and services in Myanmar that are critically needed to improve farm management practices. In the medium and long-term, the proposed project interventions are expected to improve agricultural productivity and competitiveness, both nationally and internationally.

The Project comprises four components and applies the Inclusion and Peace Lens (IPL) across components: Component 1: Agriculture Productivity Enhancement and Diversification; Component 2: Value Chain Development for Competitiveness and Economic Clustering; Component 3: Project Management, Coordination and Monitoring and Evaluation and Component 4: Contingent Emergency Response. The overall cost of the proposed IPF operation is estimated at US $200 million equivalent, funded from resources under an IDA Credit that includes an additional US $115 million in relief of the COVID-19 pandemic. The Ministry of Agriculture, Livestock, and Irrigation (MOALI) will be the implementing agency for NFASP.

The project’s total direct beneficiaries are estimated to be 560,000 people across the country, directed across a wide range of target groups including small land holders and vulnerable persons, medium-scale farmers, extension workers, inputs suppliers, agricultural researchers, farmer cooperatives, agri-entrepreneurs, agro-industries, wholesalers, traders, exporters, and buyers, returning migrants and a number of MOALI departments, divisions, and units.

NFASP is a Category B project, under the World Bank Operational Policies and environmental and social screening guidelines, as the proposed activities and investments are not likely to cause significant or irreversible environmental and social impact, or harm.

Project Additions Due to the COVID-19 Pandemic

As an immediate response to the global COVID-19 pandemic, NFASP will finance the restoration of the agriculture supply chain by supporting farmers’ timely access to inputs, which have been disrupted by the global and local lockdown and limited movement. At the recovery stage, the project will support a number of additional activities to strengthen the agriculture sector by developing digital extension services to raise awareness about COVID- 19 and food safety; providing e-vouchers for agricultural inputs; strengthening digital agriculture technology; developing online transaction platforms for inputs; supporting maintenance and rehabilitation activities in existing irrigation schemes, drainage, and flood protection works, using a cash for work approach; providing mobile laboratories and cold storage facilities and supporting value-chain development, such as by linking farmers with markets. The project will strengthen and accelerate the ongoing agricultural systems transformation in the country and improve the institutional capacity of MOALI agricultural

NFASP Environmental and Social Management Framework (ESMF) research and extension systems while strengthening the enabling business environment for an expanded private sector role in the selected value chains. NFASP will also support Myanmar’s agriculture sector to become resilient to future global shocks by investing in testing and certification facilities in compliance with international standards, thereby enabling Myanmar to diversify its’ trade destinations.

Revised Environmental and Social Management Framework (ESMF)

An Environmental and Social Management Framework (ESMF) for the NFASP was originally prepared and disclosed by the World Bank in March 2020, but this did not consider environmental and social screening, assessment, and management of COVID-19 response related activities. Therefore the ESMF has been updated to include these additional activities and corresponding sections addressing the additional requirements needed to fully comply with World Bank OP/BPs - Involuntary Resettlement (OP/BP 4.12) and Indigenous Peoples (OP/BP 4.10), which were already triggered in the original ESMF, and to comply with additional OP/BPs on Safety of Dams (OP/BP 4.37) and Projects in International Waterways (OP/BP 7.50). An exception to the riparian notification under OP/BP 7.50 for the irrigation rehabilitation works was approved by the World Bank Regional Vice President (RVP) on May 28, 2020. The dam safety assessments of the irrigation schemes that use existing dams will be conducted prior to any works commencement, and irrigation schemes that depend on dams that have a high risk, or significant and complex safety issues, will not be eligible under the project. New irrigation activities that would trigger the notification requirement under OP/BP 7.50 will also be excluded, and this will be specified in Project Implementation Manual (PIM).

An Environmental and Social Action Plan (ESAP) for COVID-19 activities was prepared in May 2020, as part of this process outlining the additional safeguards measures that MOALI will prepare and execute during the early phase of project implementation. Due to the urgency of COVID-19 interventions, the ESAP is considered as a bridging document for ESMF deferral; its contents have been fully incorporated. This revised ESMF will be used to screen all project activities, including new project activities, conduct additional required assessments, undertake required public consultation, and prepare the necessary safeguard instruments, including RAP/ARAP, CPP, and other instruments.

Additional consultations on the revised ESMF were completed in September 2020. Only after disclosure of the ESMF is completed, project activities can be initiated.

Under the expended project scope, Safety of Dams (OP/BP 4.37) and Projects on International Waterways (OP/BP 7.50) are triggered. Although the Project will not finance construction of new dams, the irrigation systems financed by the Project will involve schemes possibly connected to an existing dam (Stage 2 and 3 schemes1). In this case, the Project will arrange for an independent dam specialist to: (1) inspect/evaluate safety status and its performance history, (2) review/evaluate the Operations and Maintenance (O&M) procedures, and (3) provide a written report of findings and recommendations for any remedial or safety-related

1 For a description of Stage 1, 2 and 3 irrigation schemes, see Annex 8. 2

NFASP Environmental and Social Management Framework (ESMF) measures. A dam safety assessment, when required, will be performed in accordance with OP 4.37 requirements. Based on the results of the dam safety assessment, the project will develop safeguards instruments and prepare an Emergency Preparedness and Response Plan for each connecting dam and scheme. The project will explicitly exclude those irrigation schemes which involve dams that present significant environmental and social risks requiring reclassification of the project as a category A project.

Projects on International Waterways (OP/BP 7.50) is triggered because the activities will involve the “use or potential pollution” of the Ayeyarwady River, which is an international river, and of the Salween/Thanlwin River which also is an international river shared between China, Thailand and Myanmar. Under the proposed project, existing irrigation and drainage systems will be rehabilitated to restore efficient operations, improve management, and to introduce higher value but lower water consuming crops and new water saving irrigation technologies. This is expected to improve agriculture productivity of farm holdings and restoration of cropped areas without any increase in water use, so that the original command area would be fully provided with water. There will be no change in nature and scope of the existing schemes and no expansion of the command area of the irrigation systems in these regions. It is not expected that these activities will negatively affect the quantity or quality of water available to other riparian countries, nor will they be affected by changes in water usage.

Concerning pollution prevention due to hazardous waste generation from laboratory expansion, the ESMF provides a screening mechanism to exclude high risk laboratories that would result in pollution of any international waterways.

Relevant National Laws

Key national environmental related legislation applicable to NFASP includes the National Environmental Policy, Environmental Conservation Law and Rules, EIA Procedures, Protection of Biodiversity and Protected Area Law, Pesticide Law, Procedures Relating to Pesticide Law, Prevention of Hazard from Chemicals and Related Substances Law and Rules, etc. and the key national social related laws such as Ethnic Rights Protection Law, Constitution of Myanmar, Protection and Preservation of Cultural Heritage Regions Law, Land Acquisition, Resettlement and Rehabilitation Law, and Occupational Safety and Health Law.

Potential Type of Subprojects

Potential types of activities which are to be implemented under each NFASP project subcomponent may include but not be limited to: (i) Construction of new and upgrading of infrastructure/ facilities (including laboratories and irrigation schemes/canals); (ii) Maintenance and operation of facilities (e.g. tea processing and value chain facilities); (iii) Agriculture and livelihood activities; (iv) Procurement of equipment, materials, chemicals and others; and (v) Provision of e-vouchers and services.

NFASP Environmental and Social Management Framework (ESMF)

Potential Environmental and Social Impacts

Overall, NFASP is expected to deliver a wide range of environmental benefits, such as improved soil and water management practices considering the agro-ecological context of the project intervention area. Moreover, the NFASP is expected to result in positive social impacts to increased food security and safety; increases to household incomes and improvements to health conditions by accessing more nutritional and diversified foods.

Project activities are expected to result in limited but manageable environmental and social risks and impacts such as dust emissions, noise generation, waste disposal, wastewater management, dredge spoil disposal from canal cleaning, expansion and maintenance, handling of hazardous and bio waste substances and materials, handling of agrochemicals, storm water management, health and safety issues related to the use and handling of chemical materials including pesticides, antimicrobials and fertilizers, impacts to community health and safety, soil erosion and degradation, eutrophication of surface water resources from surface runoff and leaching of nutrients, air emissions (greenhouse gases, ammonia and odors) from livestock activities, solid and liquid wastes generated by livestock activities (waste feeds, animal wastes, etc.) and exclusion of poor farmers. In addition, there are potential risks relating to controlling the spread of the COVID-19 pandemic.

Approach to Impact Mitigation and Management The ESMF applies the mitigation hierarchy to avoid, reduce, mitigate, and/or offset adverse impacts and to enhance positive impacts. A two-step screening approach will used: firstly, to assess environmental and social risk of proposed project activities for eligibility under the NFASP and secondly to prescribe the required application of safeguard instruments and processes.

Environmental Codes of Practice (ECoPs) will be applied as the basic safeguard tool for all activities under NFASP. Additional safeguards instruments such as an environmental and social management plan (ESMP), a pest management plan (PMP), resettlement action plans (ARAP and RAP), a community participation plan (CPP)and other safeguard instruments might be required in accordance with site-specific screening results.

For instance, activities related to construction activities would firstly comply with ECoPs and then additionally, a contractor environmental and social management plan (CESMP), a resettlement action plan (RAP), and a community participation plan (CPP), may be required based on screening results. The activities related to maintenance and operation of facilities would comply with ECoPs and the CPP as necessary. Activities relating to maintenance and rehabilitation of irrigation schemes would apply ECoPs, CESMP, RAP, ESMP, CPP and in the case of involvement of the irrigation systems that will involve schemes possibly connected to an existing dam, a dam safety assessment and emergency preparedness and response plan, where required. Those related to agriculture and livestock would comply with ECoPs plus, ESMP, PMP, RAP, and CPP, where necessary. The activities related to procurement will be performed by considering the World Bank prohibitions list for procurement. Lastly, activities related to provision of services will comply with ECoPs and additionally prepare a CPP, if required.

NFASP Environmental and Social Management Framework (ESMF)

Capacity Building for ESMF Implementation The PMU Safeguards Consultant Team will consist of six consultants (two international consultants for environmental and social, and four national consultants for environmental and social). The consultant team will support the ES Focal Person of the PMU for overall implementation, supervision, monitoring and reporting of ESMF implementation. Each Technical Department, that is responsible for each activity, will have an ES focal person. At an activity level, the Farm Managers, Head of Laboratory, Service Providers and ES Focal Person of Contractors will be involved in the Project as ES Implementers since project activities will be performed at various locations throughout the country.

Capacity strengthening in environmental and social safeguards is an important and integral component of the ESMF and NFASP. Due to the limited capacity of key stakeholders for ESMF implementation (i.e. ES Focal Person of PMU and ES Focal Person of Technical Departments), a detailed technical training plan is proposed with different types of training related to ESMF safeguards instruments and their implementation. Training of trainers will be provided by the PMU safeguard consultant team, with the assistance of international consultants. The ES Focal Person from the PMU and Technical Departments will then train ES implementers and contractors.

Approach to Monitor the Implementation of Mitigation Measures For implementation of the ESMF, the PMU, with the support of the PMU safeguards consultant team, will be immediately responsible for implementation, supervision, and monitoring at the NFASP project level. The MOALI Technical Departments, with the assistance of E&S implementers are responsible at the activity level for E&S management. During NFASP implementation, each level of environmental and social performance of the respective implementing agencies (PMU, Technical Departments, E&S implementers) will be regularly monitored and reported upon. Reporting of E&S performance will be done every 6 months an annually as per the Project Implementation Manual.

Stakeholder Engagement Plan and Grievance Redress Mechanism

Initial public consultations for the ESMF were conducted in February 2020 in Yangon, Naypyidaw, and Mandalay Regions where NFASP targeted townships for Phase one are located. In early March 2020, consultations were held in the conflict affected townships of Shan and Kayah states with CSOs, ethnic group organizations and farmer’s groups. Consultations on the disclosure of the revised ESMF were held in September 2020. Key issues discussed were procurement of agricultural machinery, crop diversification, adaptation to climate change, water supply and irrigation, market access, sustainable farming methods (e.g. rubber), demonstration projects, food security and requests for more information on laboratories and e-vouchers.

The project will prepare required stakeholder engagement plans, community participation plans and a grievance redress mechanism (GRM) to allow beneficiaries and stakeholders at all levels of project implementation to comment on project performance or lodge complaints regarding project related grievances (see Annex 6, 7 and 16 and Chapter 10).

NFASP Environmental and Social Management Framework (ESMF)

Adoption of a Conflict Sensitive Approach

A conflict-sensitive approach is central to implementation of NFASP. The project will include some conflict-affected townships, which range from those that are minimally and historically affected by armed violence, to those that are presently affected in some manner. As such, many areas also contain pockets of territory either contested or controlled by Ethnic Arm Organizations (EAOs) (usually more remote and rural sections of townships). To ensure the “inclusion” of farmers in such areas, the project will support “knowledge transfer” from government research farms and value-chain research facilities within the target township. This knowledge transfer will be facilitated through ethnic service providers and community- based organization (CBO) representatives that are trusted by nongovernment stakeholders. The proposed training of trainers will be facilitated either by township extension workers, who will be trained on conflict-sensitive approaches or farm advisers working in CBOs, civil society organizations (CSOs), and nongovernmental organizations (NGOs). The details of this approach will be determined during the initial years following consultation with key stakeholders and will be specific and adapted to the situation in each township.

Redisclosure of the Revised ESMF

The revised ESMF was re-disclosed for public consultation in September 2020 and a final version prepared in October 2020, in accordance with World Bank requirements. Due to challenges of COVID-19, which will limit the extent and number of face-to-face meetings, alternative means of virtual disclosure and printed materials were developed for each group or individual stakeholders and used for consultation purposes. The results of the consultations of September 2020 are summarized in Annex 15.

Ongoing consultations with key stakeholders will continue during all phases of NFASP implementation. Comments and suggestions relating to these ESMF disclosures are summarized in the Annexes of this ESMF.

NFASP Environmental and Social Management Framework (ESMF)

Foreword

This revised Environmental and Social Management Framework (ESMF) for the NFASP is being prepared to screen, assess and manage environmental and social risks and impacts associated with existing and new project additions to the Myanmar National Food and Agriculture Systems Project (NFASP), in response to the global COVID-19 pandemic. The original ESMF was approved by the Bank and disclosed in March 2020.

An environmental and social action plan (ESAP) for additional COVID-19 activities was prepared in support of this revised ESMF. The ESAP identifies what environmental and social safeguard instruments are required to mitigate related environmental and social impacts of these new activities. Due to the urgency of COVID-19 interventions, the ESAP is to be considered as a bridging document for ESMF deferral until re-disclosure has been completed by the end of September 2020. The ESAP conditions have been fully integrated into this revised ESMF.

The NFASP is a Category B project whereby potentially adverse impacts are less adverse than a Category A project, and where these impacts are more site specific in nature and few are considered irreversible. As a result, a full environmental and social impact assessment (ESIA) is not required; other Bank safeguard instruments are more suitable and applicable for impact mitigation and management. The original World Bank Operational Policies, as applied to the original NFASP, also apply to this revised ESMF.

As sub-project locations have yet to be fully defined, the revised ESMF uses a framework approach using the safeguard tools and management approaches described in the text and annexes. It should be viewed as a “living document” that will continue to be updated as more project details become available during NFASP implementation. NFASP environmental and social safeguards staff will be responsible for implementation of these safeguard instruments and tools.

The organization of the revised ESMF is as follows:

• Chapter 1 is an introduction to the NFASP project. • Chapter 2 provides a description of NFASP components and COVID-19 additions. • Chapter 3 summarizes the applicable legislation of Myanmar and the World Bank Operational Policies. • Chapter 4 is a description of baseline environmental and social conditions in the project area. • Chapter 5 assesses potential environmental and social impacts and mitigation measures. • Chapter 6 provides a framework for environmental and social management of NFASP activities. • Chapter 7 describes implementation, supervision, monitoring and reporting requirements of the ESMF. • Chapter 8 documents the capacity building and budgetary provisions for ESMF implementation.

NFASP Environmental and Social Management Framework (ESMF)

• Chapter 9 details the stakeholder engagement, public consultation, and information disclosure procedures for the ESMF. • Chapter 10 describes the Grievance Response Mechanism (GRM). • The Annexes provide detailed information on the safeguard tools and framework documents to be used for NFASP, a description of project laboratories, a listing of designated chemicals, a summary of consultation results on the ESMF, terms of reference for PMU consultants, a Code of Conduct for contractors and project workers, a guideline for managing risks of land mines and unexploded ordinance and a Grievance form.

NFASP Environmental and Social Management Framework (ESMF)

1. Introduction

1.1. Project Background2

1. The Myanmar National Food and Agriculture Systems Project (NFASP, or the “Project”) aims to increase agricultural productivity and diversification in Myanmar, thereby enhancing market access for selected value chains in the project area and facilitating a robust response to the impacts of the global COVID-19 pandemic in accordance with the Government’s COVID-19 Economic Relief Plan (CERP) issued on April 27, 2020. This will be achieved through addressing the undersupply of key public agricultural goods and services in Myanmar that are critically needed to improve farm management practices. In the medium and long-term, the proposed project interventions are expected to improve agricultural productivity and competitiveness, both nationally and internationally.

2. The Project is composed of four components: Component 1: Agriculture Productivity Enhancement and Diversification; Component 2: Value Chain Development for Competitiveness and Economic Clustering; Component 3: Project Management, Coordination and Monitoring and Evaluation and Component 4: Contingent Emergency Response. More details are provided in Chapter 2: Project Description.

3. The implementation of NFASP will be under the overall guidance of Ministry of Agriculture, Livestock, and Irrigation (MOALI), including the relevant departments and divisions related to potential activities.

1.2. Objective of the ESMF

4. The objective of the Environmental and Social Management Framework (ESMF) is to ensure that interventions under NFASP will be undertaken in a manner that avoids and/or minimizes environmental and social (E&S) risks and impacts as much as possible. This ESMF will guide the NFASP implementing departments to adequately screen and assess environmental and social impacts of proposed activities and to propose the required safeguard instrument(s). The ESMF provides the most appropriate methods to support NFASP implementing agencies and staff in applying the mitigation hierarchy to avoid, minimize and mitigate any negative E&S impacts that the project may cause.

5. The ESMF is prepared when specific NFASP activities and site locations are not yet fully known. The possible environmental and social impacts which may result from the potential type of activities are anticipated in this framework. Moreover, the document outlines the general policies, guidelines, and procedures to ensure that

2 This section of the ESMF draws from the World Bank Project Appraisal Document (PAD). In the event of any differences or discrepancies between these two documents, the PAD takes precedence. 9

NFASP Environmental and Social Management Framework (ESMF)

the NFASP will be implemented in line with applicable World Bank safeguard policies and relevant national laws enforced by the Government of Myanmar.

1.3. Scope of the Revised ESMF

6. In response to the COVID-19 pandemic, NFASP has expanded its scope and will support the recovery of the agriculture sector through additional activities. The environmental and social impact and mitigation measures for these new activities are not addressed in the existing ESMF. To develop the project in an urgent manner, a deferral for ESMF revision was approved by the World Bank in May 2020.

7. The original ESMF was disclosed in March 2020 and is therefore now being revised and updated to include these additional activities and to include specific sections addressing additional requirements needed to fully comply with OP/BPs -Involuntary Resettlement (OP/BP 4.12) and Indigenous Peoples (OP/BP 4.10), which were already triggered in the original ESMF, and to comply with additional OP/BPs on Safety of Dams (OP/BP 4.37) and Projects in International Waterways (OP/BP 7.50). An exception to the riparian notification under OP/BP 7.50 for the irrigation rehabilitation works was approved by the RVP on May 28, 2020. The dam safety assessments of the irrigation schemes that use existing dams will be conducted prior to any works commencement, and irrigation schemes that depend on dams that have a high risk, or significant and complex safety issues, will not be eligible under the project. New irrigation activities that would trigger the notification requirement under OP/BP 7.50 will also be excluded, and this will be specified in Project Implementation Manual and this ESMF.

8. An Environmental and Social Action Plan (ESAP) for new COVID-19 activities has been prepared, outlining the additional safeguards measures MOALI will prepare and execute during the early phase of new activity implementation. Due to the urgency of COVID-19 interventions, the ESAP is considered as a bridging document for ESMF deferral. This revised ESMF fulfils the ESAP conditions and identifies measures to screen additional COVID-19 project activities, conduct additional required assessments, undertake required public consultation, and prepare the necessary safeguard instruments, including (A)RAP, CPP, and other instruments. After additional consultations, the revised ESMF and other instruments will be re- disclosed. Only after disclosure is complete can NFASP activities be initiated.

9. Annexes 6 and 7 of this EMSF provide a Resettlement Plan Framework (RPF) and a Community Participation Plan Framework (CPPF). These two approaches are to be used to prepare any required RAP and CPP which are considered separate documents from this ESMF.

10. New projects added for COVID-19 recovery in accordance with the Government’s Comprehensive COVID-19 response plan (CERP), include the following:

• Improved quality and utilization of agricultural inputs. • Design of an e-voucher scheme for agricultural inputs. • Strengthening of seed cooperatives.

NFASP Environmental and Social Management Framework (ESMF)

• Strengthen communication to minimize food supply chain disruption. • Foster COVID-19 awareness. • Provision of mobile laboratories. • Cash for work program for irrigation system rehabilitation and improvement. • Support to value chain infrastructure. • Establishment of cold chain facilities. • International certification to initiate disease control zone establishment. • Project management and support.

11. This revised ESMF has been updated to include these new activities, and how any associated environmental and social impacts will be effectively mitigated and managed. It also includes the results of a new consultation and re-disclosure process which was completed in September 2020.

NFASP Environmental and Social Management Framework (ESMF)

2. Project Description

2.1. Project Development Objective

12. The Project Development Objective (PDO) is to increase agricultural productivity and diversification and to enhance market access for selected value chains in the project area in Myanmar. The indicators used to measure progress toward achieving the PDO are:

• Increased yield of selected value chain commodities (percent)3. • Increased area of non-paddy crops (hectare). • Increased sales of targeted farmers participating in value chain clusters (percent). • Farmers reached with agricultural assets or services (number, disaggregated by gender and by vulnerable population group).

2.2. Project Beneficiaries

13. The project will primarily target seven regions (Ayeyarwady, Bago, Mandalay, Magwe, Sagaing, Thanintharyi, and Yangon), five states (Chin, Kachin, Kayah, Mon, and Shan), and one Union Territory (NPT) in three AEZs (Dry, Hills and Mountains, and Delta) (see Map 1). The specific townships in these target areas will be identified in the PIM. The project will have the flexibility to adjust the project targeted areas, based on a phased approach, which will allow for conducting appropriate due diligence first and which will be based on emerging project needs.

14. The targeted regions and states in the three AEZs are more agriculturally productive. Moreover, the Dry AEZ has been increasingly affected by climate change and a shortage of rainfall. The Dry Zone (Magwe, Mandalay, and Sagaing), Ayeyarwady region, and Shan State are known to have a high level of out-migration; and an influx of returnees and loss of remittance income are expected in these places because of the COVID-19 pandemic and the resultant lockdown. Thus, priority has been given to these states and regions because of agricultural growth prospects and emerging needs. The project will also support national reference laboratories which will serve farmers and agro-enterprises nationwide.

15. The project’s total direct beneficiaries are estimated to be 560,000 people across the country, including (a) smallholders and those belonging to VPGs (both men and women) and agricultural workers; (b) medium-scale farmers; (c) extension workers; (d) inputs suppliers, especially seed farmers and fertilizer suppliers; (e) agricultural researchers; (f) farmer cooperatives, agri-entrepreneurs, agro-industries, wholesalers, traders, exporters, and buyers participating through value chains; (g) returning migrants; and (g) MOALI departments, divisions, and units participating in the project.

3 The preliminarily selected value chains include fruits, tea, cotton, sugarcane, and livestock (cattle) value chains. 12

NFASP Environmental and Social Management Framework (ESMF)

Source: (World Bank Project Appraisal Document 2 June 2020)

Figure 1: Map of the NFASP Target Areas

NFASP Environmental and Social Management Framework (ESMF)

16. The project aims at the “economic inclusion” of smallholder farmers (owning less than 5 acres), including small-scale cattle keepers, with a strong focus on VPGs and women, who are more likely to be excluded from agriculture-related interventions.

17. The project preparation also involves the use of the Inclusion and Peace Lens (IPL), which identifies groups in the population who are more at risk of exclusion from project benefits and activities. Based on this preliminary analysis, the project has been designed with several key features to ensure inclusion and access to project benefits, including support to the following VPG beneficiaries: a) Smallholder farmers of Ethnic Peoples and b) Smallholder Farmers in conflict-affected areas.

18. NFASP has a strong focus on women. The project aims for women to make up at least 40 percent of all beneficiaries. Women, particularly female headed households, are more likely to be excluded from benefits, as there is a gender gap in access to services, technologies, information, markets, and, to a lesser extent, credit.

19. Finally, with regard to the potential risk of child labor4, the project has a low risk of involving child labor on farms, as the proposed activities focus on research and demonstration under Component 1, and research and knowledge transfer on tea processing and the improved variety of cotton under Component 2. Targeted participants will be small farmers and VPGs. Nonetheless, the project will closely monitor this through the PMU and associated specialists.

2.3. Project Components and Sub-components

20. The project has four components and has applied the Inclusion and Peace Lens (IPL) across all four components. The IPL ensures that projects are inclusive; that they “do no harm” in general and specifically in conflict affected areas; and that they support peacebuilding wherever possible. The project aims at “economic inclusion” of smallholder farmers, including small-scale cattle farmers, with a strong focus on VPGs, returning migrants, and women, who are more likely to be excluded from agriculture-related interventions.

4 The WB aligns with the ILO Core Conventions. Children under the minimum age cannot be employed in any way. The minimum age for employment is 14 unless the national law specifies a higher age. The current minimum age in Myanmar is 14 (2019 Child Right Law). A child over the minimum age and under the age of 18 will not be employed or engaged in connection with the project in a manner that is likely to be hazardous or interfere with the child’s education, or be harmful to the child’s health or physical, mental, spiritual, moral or social development. Work considered hazardous for children is work that, by its nature or the circumstances in which it is carried out, is likely to jeopardize the health, safety, or morals of children. Myanmar law also has further requirements on the allowed working hours and other specifics, including the requirement that all workers under 18 years old (‘young workers’ or ‘young people’) may only work if a certificate of fitness for work is granted by a certifying surgeon/medical practitioner and if the certificate is kept in the custody of the manager of the factory. All young workers must carry a token certifying his/her fitness for work while working. Employers must keep a register of all young workers (under 18 years old).

NFASP Environmental and Social Management Framework (ESMF)

21. As an immediate response to the global COVID-19 pandemic, additions to NFASP will finance the restoration of the agriculture supply chain by supporting farmers’ timely access to inputs, which have been disrupted by the global and local lockdown and limited movement. At the recovery stage, the project will support a number of additional activities to strengthen the agriculture sector by developing digital extension services to raise awareness about COVID-19 and food safety; providing e- vouchers for agricultural inputs; strengthening digital agriculture technology; developing online transaction platforms for inputs; supporting maintenance and rehabilitation activities in existing irrigation schemes, drainage, and flood protection works, using a cash for work approach; providing mobile laboratories and cold storage facilities and supporting value-chain development such as by linking farmers with markets. The project will strengthen and accelerate the ongoing agricultural systems transformation in the country and improve the institutional capacity of MOALI agricultural research and extension systems and strengthening the enabling business environment for an expanded private sector role in the selected value chains. NFASP will also support Myanmar’s agriculture sector to become resilient to future global shocks by investing in testing and certification facilities in compliance with international standards, thereby enabling Myanmar to diversify its’ trade destinations.

22. Component 1: Agriculture Productivity Enhancement and Diversification (US$ 138.43 million). This Component focuses on improving agricultural productivity and diversification at the farm level by: (a) strengthening the agricultural research and development (R&D) system; (b) improving the quality and utilization of agricultural inputs,(c) strengthening agricultural extension services, through the use of digital technologies and (d) improving the irrigation and drainage infrastructure, which will provide support to poor rural households through labor-intensive cash-for-work (CFW) activities. As an immediate response to COVID-19, the project will support farmers to access agriculture inputs and will generate labor-intensive work to employ the rural population, particularly returnees from outmigration. It will also provide support to the delivery of COVID-19-related communications and other extension services through digital platforms (including short and multimedia messaging services, social media, web-based video conferencing, and other machine-assisted communications). It aims to enhance the knowledge of and access to technologies by farmers and agri-enterprises to make Myanmar’s agriculture more productive and diversified, and responsive to market conditions and changes.

23. Subcomponent 1.a: Strengthening Agricultural Research and Development System. The project will strengthen the national R&D system to make it more responsive to farmers’ needs, market demands, and emerging needs in terms of reducing climate vulnerabilities and improving climate resilience. The project will support: (a) upgrading selected regional R&D facilities under the Department of Agriculture Research (DAR) of MOALI to facilitate decentralization of agricultural research; (b) carrying out capacity building activities for MOALI’s research staff and supporting research on climate-resilient crop varieties and climate-smart agriculture; and (c) carrying out capacity building activities to adopt farmers’ participatory research at selected regional research and development facilities. Furthermore, the project will

NFASP Environmental and Social Management Framework (ESMF)

support regional research centers and farms to hold on-farm demonstrations to reach those who cannot access TV or the internet or who live outside of areas where extension workers operate, particularly in remote areas with high concentrations of Ethnic Peoples.

24. Subcomponent 1.b: Improving the Quality and Utilization of Agricultural Inputs. The project will provide support for increasing the market supply of certified seed varieties and quality fertilizers and will promote a more sustainable, climate- resilient, and cost-effective use of fertilizers among farmers. The specific activities include: (a) facilitating access to agricultural inputs as immediate COVID-19 relief; (b) designing and implementing a financial support mechanism through e-vouchers for agriculture inputs; (c) strengthening public-private partnership to minimize environmental and social risks in the inputs supply chain5; (d) enhancing farmers’ knowledge of appropriate fertilizer use; (e) strengthening the seed production and certification systems; and (f) strengthening the fertilizer inspection system.

25. Subcomponent 1.c: Strengthening Agriculture Extension Services through Digital Technologies. The project will support developing a digital extension package and expanding its outreach, upgrading the training facilities to be digitally enabled, building the capacity of extension workers, and conducting specific outreach measures to benefit small farmers and VPGs. This subcomponent will have a key role in economic inclusion and the COVID-19 response, especially in terms of creating awareness and information-sharing tools.

26. Subcomponent 1.d: Improving Irrigation and Drainage Infrastructure. Under this subcomponent, the project aims to mitigate the impacts of the COVID-19 pandemic on agricultural production and rural unemployment by investing in maintenance and rehabilitation activities in existing irrigation schemes, drainage, and flood protection works serving some 50,000 acres, mainly using labor-intensive cash for work (CFW) approaches. The project will also support the establishment and strengthening of Water User Groups (WUGs) and the improvement of farmer-owned water management infrastructure, which is needed to create cropping flexibility for farmers and more equitable and efficient water distribution. Higher value but lower water consuming crops and new water-saving irrigation technologies will be introduced. These are expected to contribute to improved agriculture performance in beneficiary farms and an increase in crop area with the same amount of water, so that the original command area would be fully provided with water. This activity also contributes to climate resilience and food security by securing water availability for farmers, reducing their vulnerability to droughts and floods, improving water use efficiency, and ensuring its long-term sustainability. It will also provide an important source of income for returnees to Myanmar because of the COVID-19 pandemic.

27. The preliminary list includes existing irrigation and drainage schemes in the Ayeyarwady, Bago, Magway, Mandalay, and Sagaing regions and maintenance and

5 PPPs may have a higher inherent environmental and social risk due to unfamiliarity with the application of this ESMF. Capacity building will be introduced into the supply chain mechanism. 16

NFASP Environmental and Social Management Framework (ESMF)

rehabilitation activities. In addition, cash for work (CFW) for minor repair work, such as canal cleaning, and special maintenance will be conducted in Kachin, Kayah, and Mon states, and the NPT region. The project has received an exception of riparian notification under OP/BP 7.50 (international waterways) for the irrigation rehabilitation work. New irrigation activities, involving new or existing dams with high environmental and social risks, that would trigger the notification requirement under OP/BP 7.50, have been excluded.

28. Component 2: Value-Chain Development (US$51.32 million). This component focuses on enhancing value-chain development and expanding market access to selected value chains by: (a) financing value-chain facilities and services; (b) supporting value-chain clusters (VCCs) and farmer cooperatives by strengthening market linkages and promoting contract farming; and (c) financing value-chain- related laboratories to meet international standards. It aims to enhance value-chain actors’ access to technology and value-chain services to improve product quality. The project is expected to strengthen the capacity of VCCs, cooperatives, and other value-chain actors to connect them to markets and be able to respond to market requirements more effectively. The project will help lay the foundation for fostering public-private partnerships with locally relevant and credible businesses, expanding opportunities for capturing high-value markets, thereby enhancing Myanmar’s agriculture and agribusiness to better compete with imports and in the international markets, thus diversifying its trade destinations, which will strengthen agriculture resilience to future global shocks in the long term.

29. Subcomponent 2.a: Supporting Value Addition and Market Access. The project will support activities that will contribute to increased value addition of the selected value chains and expand farmers’ market access by creating VCCs, strengthening cooperatives, and promoting partnerships between these clusters and cooperatives and the private sector.

30. Subcomponent 2.b: International Standard Certification and Animal Disease Control. The project will support investments to improve laboratory infrastructure, equipment, and human capacity needed to ensure international standard certification (such as ISO 17025 and other applicable international standards). These investments are intended to overcome market failures that currently limit exports of Myanmar’s crops and animal products in markets with high quality standards. This will be fostered through research on new crop varieties or enhancement of local varieties (which are activities under component 1), and by increasing the areas and crops covered by GAP. This enables the national GAP standard to align with the ASEAN GAP (and global GAP), thereby enhancing export opportunities for certified producers in the medium and long term.

31. Component 3: Project Management, Coordination, and Monitoring and Evaluation (US$10.25 million). Activities under this component will support effective project management systems for financial management (including internal and external auditing); procurement, social and environmental safeguards management at the union, state, and township levels (including attention to peace and inclusion, marginalized and vulnerable population groups, and gender); and monitoring and

NFASP Environmental and Social Management Framework (ESMF)

evaluation (M&E), including baseline, midline, and final impact assessment surveys. In addition to conventional project management and M&E functions, this component also includes building capacity of MOALI’s Department of Planning to strengthen its policy level coordination and M&E capacity to manage various programs and policies under the Ministry. In addition, considering that restricted movement may continue, the project will support building the capacity of the Project Management Unit (PMU) to leverage field-appropriate ICT tools for remote supervision and monitoring as well as third party monitoring.

32. Component 4: Contingent Emergency Response (US$0 million). Following an eligible crisis or emergency, MOALI may request the World Bank to reallocate project funds to support emergency response and recovery. The project will prioritize emergencies having significant impact on agriculture, livestock, and rural development. The Contingent Emergency Response Component (CERC) would draw upon the uncommitted credit resources from other project components to cover emergency response, relief, and rehabilitation activities. MOALI will develop a Contingent Emergency Response Implementation Plan (CERIP) for the project acceptable to the World Bank. Triggers for the CERC, acceptable to the World Bank, will be clearly outlined in the CERIP. Disbursements will be made against an approved list of goods, works, and services required to support crisis mitigation, response, and recovery.

33. Finally, the project adopts a conflict-sensitive approach. The project will include some conflict-affected townships, which range from those that are minimally and historically affected by armed violence to those that are presently affected in some manner. As such, many also contain pockets of territory either contested or controlled by EAOs (usually more remote and rural sections of townships). To ensure the “inclusion” of farmers in such areas, the project will support “knowledge transfer” from government research farms and value-chain research facilities within the target township (and without any physical interventions or activities of the project in the contested areas) through: (i) township on-farm demonstration and extension camps to share information; (ii) training of trainers (also held in existing government facilitates); and (iii) digital extension messages through existing networks. Such knowledge transfer will be facilitated through ethnic service providers and community-based organization (CBO) representatives that are trusted by nongovernment stakeholders. The proposed training of trainers will be facilitated either by township extension workers, who will be trained on conflict-sensitive approaches or farm advisers working in CBOs, civil society organizations (CSOs), and nongovernmental organizations (NGOs). The details will be determined during the initial years following consultation with key stakeholders and will be specific and adapted to the situation in each township.

NFASP Environmental and Social Management Framework (ESMF)

Table 1: List of NFASP Project Activities

The table below lists NFASP project’s activities including additional activities to be addressed in this revised ESMF in response to the COVID-19 pandemic. The details of additional activities which were reflected in Annex 7 of the PAD. The details of each component, sub-component and activity are further detailed in the Project Implementation Manual.

PIM Project Components/Sub- Activities Dept Cost activity components estimate sequential per PAD in number US$ (S.N) 1 Agriculture Productivity Enhancement and Diversification 138.43

1.a Strengthening the agricultural DAR 33.00 research and development system

1.b Improving the Quality and 44.68 Utilization of Agricultural Inputs (i) Facilitating inputs distribution Coop Dept through cooperatives network including supporting e-voucher design for agriculture inputs

(ii) Strengthen private sector DOA (ED) platform for agriculture inputs, including digital platform to minimize COVID 19 related disruption of input/food supply chain

(iii) Strengthening farmer knowledge DOA(LUD) on area specific fertilizer utilization, soil health, and on- farm management

(iv) Strengthening seed cooperatives Coop Dept

(v) Strengthening seed certification DOA(Seed); and quality control system DOA (cotton)

(vi) Strengthening fertilizer and agri- DOA (LUD) inputs inspection capacity

NFASP Environmental and Social Management Framework (ESMF)

PIM Project Components/Sub- Activities Dept Cost activity components estimate sequential per PAD in number US$ (S.N) Strengthening Extension Service 1.c through ICT and Digital 12.83 Technologies

(i) Developing and transferring DOA(ED) digital content of extension services and dissemination

(ii) Establishment of ICT-based DOA(peren knowledge and technical nial crop dissemination center and PPD) 1.d Improving Irrigation and IWUMD 47.92 Drainage Infrastructure

(i) Special maintenance and Rehabilitation and rehabilitation of existing improvement of main, irrigation and drainage systems, distributary, minor irrigation provision of flood and salt canals, drains and water intrusion protection, and the courses, and strengthening of improvement of farmer-owned embankments for protection of irrigation and drainage flood and sea water intrusion infrastructure using labor intensive cash for

work approaches. (non-reservoir schemes, schemes within ADSP and schemes connected to dam- the last one will require independent dam safety assessment prior to the ground work) (ii) Establishment of Water User Groups

(iii) Dam safety enhancement Dam safety enhancement studies, feasibility studies and design for rehabilitation and improvement of irrigation and drainage schemes, including development of safeguard instruments and targeting mechanisms for labor- intensive work. 2 Value Chain Development 51.32 Supporting Value Chain 2.a Infrastructure and Expanding 29.32 Market Access (i) (a)Development of temperate DOA (Horti) fruits industry

NFASP Environmental and Social Management Framework (ESMF)

PIM Project Components/Sub- Activities Dept Cost activity components estimate sequential per PAD in number US$ (S.N) Supporting Value Addition and (b)Establishment of tea DoA (Horti) Research Facilities and related production and processing capacity building technology training center (c) Establishment of tissue DoA (Horti) culture research facilities for fruits and floriculture (d) strengthening animal feed DOA (LUD) value chain (e) Promotion of artificial LBVD insemination service and upgrading of natural breeding for the development of cattle production (f)Cold chain establishment LBVD (ii) Scaling up the selected value DOA chain clusters ( (ED&PD)

(iii) Strengthening Cooperatives and COOP farmers groups for contract farming (market linkage)

(iv) A pilot activity of public private DOA(PD) sector dialogue (PPD) for selected value chains:

International Standard 22.00 2.b Certification and Animal Disease Control (i) Upgrading/establishing (a) Crop Nutrition DOA (Horti) Laboratories with ISO standard Improvement through and Capacity building of labs staff Biotechnology on safeguard, business plan and food safety (b) Strengthening and DOA (Horti) renewing plant biotechnology lab to std. for GMO’s detection and identification (c) Genetically improve DOA (Horti) on locally adapted horticulture crops for climate resilience and high quality

NFASP Environmental and Social Management Framework (ESMF)

PIM Project Components/Sub- Activities Dept Cost activity components estimate sequential per PAD in number US$ (S.N) (d) Facilitating Quality DOA (LUD) control Systems for competitive export market

(e) Establishment of DOA(Sugar) Sugar Quality National Reference Laboratory for centrifuged sugar, including upgrade of research facilities on sugarcane varietal improvement and crop production development (ii) disease control zone LBVD establishment by vaccination

3 Project management, 10.25 Coordination, and Monitoring & Evaluation (including contingency) (i) Project Management and DOA coordination (PMU)

(ii) Capacity building to M&E DOP system of MOALI

Total USD (Million) 200

Note: The project currently supports activities in seven regions in Myanmar. Kayin and Rakhine are currently excluded. However, they may be considered for inclusion at a later date upon formal request by MOALI.

NFASP Environmental and Social Management Framework (ESMF)

3. Legal and Policy Framework

3.1. Applicable National Laws of Myanmar

3.1.1. Environmental Protection

34. Myanmar’s environmental legal framework includes the Environmental Conservation Law (ECL) 2012; Environmental Conservation Rules (ECR) 2014; the Environmental Impact Assessment Procedures (EIAP) 2015, and National Environmental Quality (Emission) Guidelines (NEQG) 2015. The 2012 ECL provides a general mandate of the former Ministry of Forestry and Environmental Conservation (MOECAF), the now Ministry of Natural Resources and the Environmental Conservation (MONREC), to implement environmental conservation policies, to prescribe environmental quality standards, hazardous waste and waste management and pollution control, and to oversee the Environmental Assessment System. The ECR and EIAP were approved in 2014 and 2015, respectively. The EIAP set out to address not only environmental related impacts, but also social related impacts considering the social context of land, livelihood, and ethnic peoples. The EIAP stipulates the procedures for performing Environmental Assessment (EA) such as Environmental Impact Assessment (EIA), Initial Environmental Examination (IEE), and Environmental Management Plans (EMP), content of the EA, review and approval process, monitoring, etc. Annex - A of EIA Procedures specifically defines type and size of activities requiring either an IEE or an EIA. Given the nature of activities and types of NSAFP activities as a Category B Project, it is unlikely that project activities will require IEE/EIA.

35. Two new policies related to the sustainable development of the country; National Environmental Policy (NEP) and Myanmar Climate Change Policy (MCCP) were legalized in 2019. The NEP (2019) reaffirms the country’s commitment to core environmental values and provides long-term guidance for government organizations, civil society, the private sector, and development partners on the achievement of environmental protection and sustainable development objectives in Myanmar. MCCP’s vision is to be a climate-resilient, low-carbon society that is sustainable, prosperous, and inclusive, for the wellbeing of present and future generations in Myanmar. There are six sectoral clusters prioritized as primary actions under MCCP including: (a) food and water security, (b) healthy ecosystems, (c) low carbon and resilient growth, (d) resilient urban and rural settlements, (e) human wellbeing and (f) knowledge, awareness and research.

36. The key plans for development and climate change include the Myanmar Sustainable Development Plan (MSDP) and Myanmar Climate Change Master Plan (MCCMP). The MSDP establishes three pillars, and five goals with 28 strategies and 251 action plans. Of importance are goals under the Myanmar Sustainable Development Plan Pillar 3, People and Planet, in particular its Goal 5, Natural Resources and Environment for National Posterity, that focus on the legal, institutional and policy frameworks required to better protect and manage the natural environment and ecosystems. The MCCMP was adopted as an operational

NFASP Environmental and Social Management Framework (ESMF)

instrument of the Myanmar Climate Change Policy. It represents the sectoral outcomes for agriculture, fisheries and livestock, natural resource, energy, transport and industrial systems, low-carbon, climate-resilient towns, climate-induced disasters, risks and health impacts, education, awareness, and technological systems. It also sets out roles and responsibilities for leading, driving, and reporting on the actions and activities for each sector.

3.1.2. Natural Habitats

37. In Myanmar, the current nationwide baseline data on biodiversity inventories in national parks or protected areas (PAs) is poor. Some PAs have an operational or management plan, including management actions (as required by law), which need to be implemented, despite inadequate human, technical and financial resources. Human encroachment in PAs is common and requires intervention to limit it, but there is not yet a consistent conservation requirement followed or imposed in the entire country. The Protection of Biodiversity and Protected Area Law (2018) defines the protected area categories including national parks, geophysically unique areas, natural reserves, and others. Although the Wild Life Protection Act (1936) and the Protection of Wildlife and Wild Plants and Conservation of Natural Areas Law (1994) are repealed and replaced by the new law, wildlife sanctuaries and natural areas specified by those laws are regarded as protected areas in accordance with the updated law.

3.1.3. Pest Management

38. Regarding the safe use of agricultural pesticides and plant pest management, the Plant Pest Quarantine Law (1993) and The Pesticide Law (2016) were enacted to be implemented under MOALI. These laws are enforced to protect people and the environment resulting from pest management within Myanmar. In 2018, the Pesticide Registration Board announced the banned pesticides list which are categorized under Persistent Organic Pollutants (POP) list of the Stockholm Convention and Prior Informed Consent (PIC) chemicals of the Rotterdam Convention, and the restricted pesticides list. The Banned pesticides list was updated and announced in October 2019 (see guidance for pest management plan, Annex 4.)

39. In accordance with the Article – 47 (B) of the Pesticide Law (2016), The Procedures Relating to Pesticide Law (2019) was enacted by the Department of Agriculture (DOA) in July 2019. In this procedure, the series of steps for the application of pesticide registration, licensing, instructions for the pesticide importing, instructions for pesticide license holders are outlined along with relevant application forms and formats.

3.1.4. Cultural Heritage

40. The Ministry of Religious Affairs and Culture (MORAC) is the main authority dealing with physical and cultural resources in Myanmar.

41. The Protection and Preservation of Cultural Heritage Regions Law (2019) provides definitions of cultural heritage resources to be protected or preserved under this

NFASP Environmental and Social Management Framework (ESMF)

law. The law provides definitions of cultural heritage, national level cultural heritage, world heritages and the cultural heritage regions including the regions where cultural heritage is located, buffer zones, ancient sites, ancient monuments, and the setting of cultural heritage assets. Within the law, anyone who wants to begin construction, renovation or extension of infrastructures or establishment or expansion of traditional and non-traditional business operations in respective heritage regions shall receive prior permission from relevant conservation authorities.

42. Other laws on physical culture resources (PCR) protection and preservation include: The Protection and Preservation of Ancient Monuments Law (2015) and The Protection and Preservation of Antiquities Law (2015) as well as the Protection and Preservation of Antiquities Rules and Regulation (2016) and the Protection and Preservation of Ancient Monuments Rules and Regulation (2016); all were stipulated simultaneously. These laws provide definitions of Ancient Monument and Antiquities, roles, and responsibilities of the MORAC in protecting, preserving, returning, and accepting of ancient monument and antiquities. Furthermore, MORAC is responsible for chance find procedures in case that ancient monument and antiquities are found, and to ensure prior permission requirements and penalties for violating the provisions of those laws are included (see also Annex 5).

3.1.5. Ethnic Groups

43. The Government recognizes 135 separate ethnic groups referred to within the Constitution as “national races.” Major groups include Burman/Bamar, Shan, Karen/Kayin, Kachin, Chin, Rakhine, Mon and Kayah. The largest ethnic group is the Bamar (Burmese) people comprising about two-thirds of the population and who reside predominantly in the central and delta (seven) regions. Other national races or Ethnic Peoples account for about one third of the population and live mainly within the seven states. Aside from the 14 States and Regions and one Union Territory, there are five self-administered zones: Naga (Sagaing Region); Danu (Shan State); Pa-O (Shan State); Pa Laung (Shan State); and Kokang (Shan State). There is also one self-administered division: Wa (Shan State). These six self-administered sub- national units are recognized in the 2008 Constitution (section 56) and are the result of earlier ceasefire agreements. Myanmar’s ethnic states occupy around 57 per cent of the total land area along most of the country’s international borders.6

44. The 2008 Constitution provides equal rights to the various ethnic groups included in the term national races and a number of laws and regulations aim to preserve their cultures and traditions.7 Myanmar national law sets out rights of ethnic races or nationalities to representation in the State parliament.8 The Ethnic Rights Protection Law, of February 2015, contains sections guaranteeing minorities the right to study

6http://www.tni.org/sites/www.tni.org/files/download/accesdenied-briefing11.pdf, accessed 09 March 2015 7Republic of the Union of Myanmar, Ministry of Health, Myanmar Essential Health Services Access Project Community Engagement Planning Framework 8http://www.myanmar-responsiblebusiness.org/pdf/SWIA/Oil-Gas/11-Ethnic-Minorities-Indigenous- Peoples.pdf, accessed 09 March 2015 25

NFASP Environmental and Social Management Framework (ESMF)

their language and literature, practice other elements of their culture and maintain their traditions.9

45. The Government of Myanmar (GoM) generally uses terms other than “Indigenous Peoples”. In September 2007, Myanmar endorsed the United Nations Declaration on the Rights of Indigenous Peoples, which among other things provides indigenous peoples the right to free and prior informed consent and notes that “States shall consult and co-operate in good faith with the Indigenous Peoples concerned through their own representative institutions in order to obtain Free and Prior Informed Consent prior to approval of any project affecting their land or territories.”

3.1.6. Gender

46. Key clauses within the Constitution of Myanmar (2008) that relate to women include: (i) Clause 348: “The Union shall not discriminate any citizen of the Republic of the Union of Myanmar, based on race, religion, official position, status, culture, sex and wealth”; (ii) Clause 349: “Citizens shall enjoy equal opportunity in carrying out the following functions: (a) public employment; (b) occupation; (c) trade; (d) business; (e) technical know-how and vocation; (f) exploration of art, science and technology;” and (iii) Clause 350: “Women shall be entitled to the same rights and salaries as that received by men in respect of similar work.”

47. The Ministry of Social Welfare, Relief and Resettlement (MOSWRR), through the Department of Social Welfare (DSW), carries out social welfare services through preventative, protective and rehabilitative measures, with special attention to children, youth, women, persons with disabilities, and elderly persons. DSW provides welfare services to vulnerable groups based on social integration strategies.

48. The Myanmar National Committee for Women’s Affairs (MNCWA) has prepared a National Strategic Plan for the Advancement of Women (2013-2022), whose objective is that, “All women in Myanmar are empowered and able to fully enjoy their rights with the support of the Government of the Republic of the Union of Myanmar. Enabling systems, structures and practices are created for the advancement of women, gender equality, and the realization of women’s rights”. Of relevance, are the 12 Priority Areas for the Plan that include: women and livelihoods; women education and training; women and health; women and the economy; and women and the environment.

3.1.7. Land Acquisition

49. The legal framework for land in Myanmar is evolving. Myanmar does not have a unitary land law but has several laws for different categories of land. All land belongs to the state under the current legal system, and land users receive certificates from the Settlement and Land Records Department.

9 Myanmar Times, 23 January 2015, MPs prepare to debate proposed law on ethnic rights 26

NFASP Environmental and Social Management Framework (ESMF)

50. Land Acquisition Act: The 1894 Land Acquisition Act provides principles, mechanisms, and procedures of expropriation, and defines fair and just compensation for the construction, rehabilitation, or expansion of public physical infrastructure that are deemed to be in the public and national interest. The Act also describes processes and procedures of resettlement induced by public physical infrastructure expansion projects, land acquisition, voluntary land and asset donation, and post-relocation support.

51. The Farmland Law, which was enacted in 2012, introduced various reforms such as the recognition that farmland owners can sell, mortgage, lease, exchange, inherit or donate all or part of their farmland. There is also the requirement that compensation be paid for both land and buildings attached to it. The Vacant, Fallow and Virgin Land Management Law, which was adopted in 2018, define legal provisions on unused land.

52. In August 2019, The Union Parliament of Myanmar enacted the Land Acquisition, Resettlement and Rehabilitation Law to replace the Land Acquisition Act (1894) that was enacted in the colonial-era. The new law will come into effect after it has been approved with official notification. As of August 2020, it has not yet been enforced. The new law seeks to protect the interests of people during land acquisition, promote a transparent and inclusive approach for land acquisition and prevent adverse social and environmental impacts due to land acquisition.

3.1.8. Health and Safety

53. Ministry of Labor, Immigration and Population (MOLIP) is the main authorization related to the occupational health and safety. In addition, Ministry of Planning, Finance and Industry (MOPFI) and Ministry of Health and Sports (MOHS) are also involved in promoting a healthy and safe environment in workplaces.

54. Following independence, the Factories Act (1951) was enacted to enforce health and safety requirements in factories. The Act was amended in 2016 as part of labor law reform. The Occupational Safety and Health Law was enacted on the 5th March of 2019 and provides measures related to safety and health for every industry including any branch and workplace in the Factories Act (1951) and Shops and Establishments Law (2016). The law mainly describes the administrative stipulations related with occupational health and safety protections in every workplace.

55. The Prevention of Hazard from Chemicals and Related Substances Law was enacted by MOPFI (Former Ministry, MOI) in 2013 with the aims to protect people, animals and environment from hazardous chemicals and to ensure chemicals and related businesses have licenses to operate safely and ensure occupational safety. In 2016, the Prevention of Hazard from Chemicals and Related Substances Rules was established by prescribing the detailed procedures about licensing, registration, and safety measures of chemicals, including the Globally Harmonized System – GHS.

56. As Myanmar has ratified the Vienna Convention, Montreal Protocol and Stockholm Convention, Myanmar has firstly listed out 29 restricted chemicals and again it has

NFASP Environmental and Social Management Framework (ESMF)

prohibited 65 chemicals including POPs, CFC, and Pesticides. Prohibited and restricted chemicals list which is updated and announced in June 2016 with official notifications from the related Ministry is described in Annex 12. Those notifications sit under the Prevention of Hazard from Chemicals and Related Substances Law.

57. Myanmar has established many laboratories both from government and private sectors. However, there are no specific national regulations related to health and safety, and standardization of laboratories in Myanmar.

3.1.9. Other Relevant Laws

58. Other relevant laws pertinent to Project activities include Animal Health and Development Law (2010), Law of Protection of the Farmer Rights and Enhancement of their Benefits (2013), Fertilizer Law (2015), Seed Law (2015) and Plant Variety Protection Law (2019) enacted by MOALI and National Food Law (2013) by MOHS including related rules, regulations and notifications.

59. It should be noted that the national environmental and social safeguards related laws and regulations are stated in this ESMF. The other relevant laws and regulations which are required to comply during the implementation stage of activities such as occupational health and safety laws, labor related laws, laws related to child and women, etc. shall be included in the Project Implementation Manual.

3.2. World Bank Operational Policies

60. The NFASP is as Category B project, considering the type of investments and activities, scale of the proposed project, as well as the nature and magnitude of its potential impacts, and is in line with Bank policies with respect to environmental and social considerations. Category B projects have impacts that are less significant, not as sensitive, numerous, major, or diverse than Category A projects. Few, if any, impacts are irreversible, and remedial mitigation measures can be more easily designed. All NFASP activities entail environmental and social sustainability concerns regarding compliance with key environmental and social safeguard policies. The Project triggers the following Bank environmental and social safeguard policies as shown in Table 2.

NFASP Environmental and Social Management Framework (ESMF)

Table 2: World Bank Operational Policies: Triggered by NFASP

Safeguard Policies Main Objectives Applicability Application to ESMF

OP 4.01 The objective of this This policy is applicable The proposed project activities and investments focus on increasing agricultural Environmental policy is to ensure that when a project or activity productivity and diversification and enhancing market access for targeted value Assessment projects financed by the has potential to cause chains in the country. As a response to the COVID-19 pandemic, the Project has World Bank are negative environmental expanded its scope and will support the recovery of the agriculture sector through environmentally sound impacts in its area of four components. and sustainable, and that influence. decision making is Depending on the In response to the COVID-19 pandemic, the provisions of the Environmental and improved through project and the nature of Social Action Plan (ESAP) identified a list of additional E&S safeguard actions to be adequate analysis of its impacts, various completed. During the early phase of implementation, the project will use the ESMF actions and their possible instruments can be used. to conduct additional required screening and assessments, undergo public risks and environmental An ESMF is required for consultation and prepare the necessary safeguard instruments, including ARAP/RAP impacts in the natural projects that comprise and CPP, as applied to each activity. After additional consultations, the revised ESMF environment (air, water several activities not yet and other instruments will be re-disclosed. and soils); human health identified at the and security; physical- appraisal. Overall, the proposed project is expected to deliver numerous environmental cultural resources; and benefits, such as improved soil and water management practices considering the global and agro-ecological context of the project intervention area. The project will also transboundary and contribute to an integrated pest and disease management through the adoption of global environment sustainable practices by supplying biological controls; the use of natural enemies to aspects. manage population of pest organisms.

The proposed project is a Category B project under the World Bank environmental and social screening guidelines as the activities and investments are not likely to cause significant or irreversible environmental impacts. Potential environmental and social impacts can be mitigated. Major potential environmental impacts are limited to the following categories: (i) Rehabilitation of existing irrigation and drainage works (ii) Construction of new and upgrading of infrastructure / facilities; (iii) Maintenance and operation of facilities (e.g. cold storage facilities); (iv) Agriculture and livelihood activities; and (v) Use and management of the pesticides.

Main potential social risks are related to: (i) potential land acquisition for the irrigation system rehabilitation; (ii) possible use by farmers of land within the

NFASP Environmental and Social Management Framework (ESMF)

Safeguard Policies Main Objectives Applicability Application to ESMF

government compounds where facilities will be constructed; (iii) legacy issues of the government facilities; and (iv) potential exclusion or direct impacts of Ethnic Peoples, landless farmers, women-headed households or other vulnerable groups. Any social assessment conducted during implementation will assess these social risks.

NFASP consists of series of activities with exact scope and design work remains to be determined. Under these circumstances, impacts cannot be pre-determined. The revised ESMF includes the following: - Sub-project typologies - Safeguards screening criteria and eligibility - Assessment of potential environmental and social impacts of possible activities and investments - For each typology, expected ES instruments are defined based on type, scope and depth of required mitigation measures - Provision of ready-to-implement mitigation measures through standardized instruments, generic environmental management plans (ECoP, EMP, etc.), and standardized guidelines such as standards on hazardous waste management, health and safety management system for laboratories. During initial years of the Project, safeguards instruments (ESMPs or ECoPs) will be prepared for the activities in accordance with screening outcomes once project scope and design are finalized. - Institutional arrangement and capacity to implement the ES instruments. - Budget provision to implement the ES instruments.

The project will not finance category “A” investments. Only those activities which fall into the Category B after screening of site sensitivity are eligible under NFASP. The project will also not finance activities on irrigation schemes that depend on dams that have a high environmental and social risk, or significant and complex safety issues that will require major project improvements and present significant risks to the environment and people that would require reclassification of the project as a Category A project.

During project preparation, a site-specific environmental and social management plan (ESMP) was prepared for an activity (livestock) where location, scope and design

NFASP Environmental and Social Management Framework (ESMF)

Safeguard Policies Main Objectives Applicability Application to ESMF

are known. The ESMP highlighted that activities to be conducted are not expected to have significant environmental and social impacts. Potential main impacts are related to the manure from cattle farms, site preparation for cattle housings, and occupational health and safety. Mitigation measures will include (a) installing proper ventilation inside the facilities (barn, laboratory, and plant); (b) changing feeding practices; (c) managing manure to reduce CH4 and N2O emissions; (d) covering manure storage facilities; (e) avoiding manure or fertilizer application while soil is saturated with water; (f) providing a safe distance of the cattle housing buildings at least 30 m away from well or water intake; (g) ensuring proper disposal of wastewater generated from the AI laboratory; and (h) providing adequate personal protective equipment for workers at the facilities (cattle breeding, cattle housing, AI laboratory, and LN2 production.

OP 4.04 This policy recognizes This policy is used by any The policy prescribes “Natural Habitats” as areas where (i) the ecosystems’ biological Natural Habitats that the preservation of Project or activities communities are formed largely by native plant and animal species, and (ii) human natural habitats is considered as potential activity has not essentially modified the area’s primary ecological functions. Direct essential to protect originator of significant adverse impacts on the natural habitats are not expected. Regarding livestock- original biodiversity for changes (loss) or related activities, no potential land use changes including the conversion of forests the preservation of degradation of natural and other natural habitats to pasture for ranges is expected since the proposed environmental services habitats, be it directly activities are going to be in fully developed areas with already historically converted and products for human (through the land and no nearby forests nor natural habitats. This policy is triggered as a society and for long term construction) or precaution to ensure that any affected natural habitats are adequately protected, sustainable indirectly (with the because some of the project sites may take place nearby parks or protected areas. development. human activities caused The ESMF provides a screening mechanism for proposed activities to exclude any Therefore, the Bank by the project). activities that would involve significant conversion or degradation of natural supports the protection, OP4.04 defines a natural habitats. management and habitat as land and water restoration of natural areas where (i) the habitats by funding ecosystems’ biological projects as well as via communities are formed political dialogue, sector largely by native plant work and the economic and animal species, and sector. (ii) human activity has not essentially modified

NFASP Environmental and Social Management Framework (ESMF)

Safeguard Policies Main Objectives Applicability Application to ESMF

By funding projects, the the area’s primary Bank expects the ecological functions.” proponents to apply the precautionary principle in the management of natural resources, in order to ensure opportunities for sustainable environmental development.

OP 4.09 In assisting borrowers to In Bank-financed The policy is triggered because pesticide use is a necessity in agricultural activities in Pest Management manage pests that affect projects, the borrower the region. The ESMF will promote an Integrated Pest Management as a standard either agriculture or addresses pest practice. A screening mechanism has been included in the ESMF to determine if public health, the Bank management issues in there are any sub-projects or activities with significant pest management issues; if supports a strategy that the context of the so, a separate Pest Management Plan (PMP) will be required to ensure that these promotes the use of project's environmental materials are well managed and disposed of properly for those activities. Guidance biological or assessment. for the PMP is included in the ESMF (see Annex 4) which will be further developed environmental control In appraising a project and implemented by MOALI during the project implementation stage. The project methods and reduces that will involve pest will fund an integrated pest and disease management plan which will support the reliance on synthetic management, the Bank adoption of sustainable pest and disease management practices by supplying chemical pesticides. assesses the capacity of biological controls; the use of natural enemies to manage population of pest the country's regulatory organisms. framework and institutions to promote and support safe, effective, and environmentally sound pest management.

NFASP Environmental and Social Management Framework (ESMF)

Safeguard Policies Main Objectives Applicability Application to ESMF

OP 4.10 For all projects proposed This policy is applied Myanmar is one of the most ethnically diverse countries in Asia, and the project will Indigenous People Bank funding that affect when the Project affects fund activities in areas where Ethnic Peoples are present. Both under Component 1 indigenous peoples, the direct or indirectly (Agriculture Productivity Enhancement and Diversification) and Component 2 (Value Bank requires the indigenous people. Chain Development), there may be risks that Ethnic Peoples do not have equal and borrower to undertake culturally appropriate access to benefits and may not be adequately consulted in free, prior and informed decision making. Under the additional COVID-19 activity on irrigation schemes, there consultation with is the potential risk of direct impact through land acquisition. affected Indigenous Peoples to ascertain their Ethnic Peoples will be deliberately targeted and included as project beneficiaries (as broad community part of the Vulnerable Population Groups (VPGs), to ensure that they will be support for projects beneficiaries as anybody else from improved seeds/breeds and other project affecting them. benefits. To ensure that they are meaningfully consulted and appropriately compensated if impacted directly, OP 4.10 has been triggered. The project financed by the Bank must include Considering that the exact scope and design of the projects work remains to be measures to: (a) avoid determined, a draft CPPF is included as a stand-alone section of the project's ESMF adverse effects on (see Annex 6). For activities where Ethnic Peoples are present, MOALI will conduct a indigenous populations; social assessment and ensure that free, prior and informed consultations are held to or (b) when it is not reach broad community support and prepare Community Participation Plans (CPPs) possible to avoid the as required under the CPPF. effects, minimizes, mitigates, or The draft CPPF was disclosed in January 2020 as part of the ESMF and consultation compensates for such meetings were completed by in the first week of March 2020. These consultation purposes. meetings included consultations in the conflict affected townships in Shan and Kayah states with CSOs, ethnic group organizations and farmers groups. Feedback received The projects financed by from the consultations have been incorporated in the project design and CPPF. the Bank are designed with the assurance that Additional consultations on this revised ESMF were completed in September 2020 as indigenous people part of re-disclosure. receive social and economic benefits that are culturally appropriate and adequate gender and inter-generations.

NFASP Environmental and Social Management Framework (ESMF)

Safeguard Policies Main Objectives Applicability Application to ESMF

OP 4.11 The Bank assists It applies when the Further consultations will be conducted during project implementation in Physical Cultural countries to avoid or financed projects impact accordance with the phased approach. During the initial years of implementation, if Resources mitigate adverse impacts on cultural resources. Ethnic Peoples are found to be present, a Community Participation Plan (CPP) will be on physical cultural The policy covers for all prepared. resources from the movable or development projects immovable objects, sites, The CPPF will be updated as part of the update of the ESMF, to reflect the changed that it finances. The structures, groups of project activities and scope. impacts on physical structures, and natural cultural resources features and landscapes This policy is triggered to ensure that any “chance finds” or other physical cultural resulting from project that have archaeological, resources during excavation or other earth-moving activities are adequately activities including paleontological, protected. The ESMF has included a chance find procedure (Annex 5) which requires mitigating measures, historical, architectural, that should any areas of potential cultural importance or artefacts be identified, may not contravene religious, aesthetic, or works should stop and the government related agencies (SPIU or Department of either the borrower’s other cultural Archaeology, National Museum and Library) should be contacted. No work should national legislation, or its significance. And also continue until approval has been sought from these agencies. obligations under they may be located in relevant international urban or rural settings, environmental treaties and may be above or and agreements. below ground, or under water.

OP 4.12 Involuntary The objective of this This policy does not Involuntary Resettlement (OP/BP 4.12) policy is triggered on the basis that the Resettlement policy is to (i) avoid or cover only physical irrigation system rehabilitation could require land acquisition for any of its minimize involuntary relocation but any loss of components, such as spoil disposal sites, worker camps etc. The other project resettlement, where income sources resulting components will primarily support the upgrading of capabilities and facilities on feasible and explore all in: (i) relocation or loss of existing government facilities and infrastructure- research/demonstration farms. viable alternative project shelter; (ii) loss of assets designs; (ii) assist or means of livelihood; The footprint will be small scale. Although project activities will take place within the displaced people in (iii) loss of income physical footprint of the existing government facilities, it is possible that additional improving their former sources or means of small strips of land may be required to enlarge the footprint of the facilities to living standards, income subsistence, whether or accommodate new buildings or that farmers/ cattle ranchers are using the land

NFASP Environmental and Social Management Framework (ESMF)

Safeguard Policies Main Objectives Applicability Application to ESMF

earning capacity, and not the affected people within these government compounds and require to enforce access restrictions. Any production levels, or at must move to another land acquisition will not be funded through World Bank financing. let in restoring them; (iii) location. This policy also encourage community applies to the Considering that the exact scope and design of the project works remains to be participation in planning involuntary restriction of determined, a Resettlement Policy Framework (RPF) has been prepared and and implementing access to legally disclosed as a stand-alone section of the ESMF (Annex 7). The RPF will not allow for resettlement; and (iv) designated parks and voluntary land donations since landowners are not direct project beneficiaries. The provide assistance to protected areas, draft RPF was disclosed in January 2020 as part of the draft ESMF and consultation affected people resulting in adverse meetings were completed by March 2020. Feedback received from the consultations regardless of the legality impacts on the livelihood have been incorporated in the project design and RPF. The ESMF provides a of land tenure. of the displaced persons. screening mechanism to exclude any activities that has land legacy issues. In these cases, the World Bank requires the The RPF has been updated as part of the revised ESMF, to reflect the changed establishment of a project activities and scope. Resettlement Action Plan (RAP), based on the Resettlement Policy Framework (RPF) for any project or activity.

OP 4.37 To assure quality and The policy requires that Although the project will not finance construction of new dams, the irrigation Safety of Dams safety in the design and appropriate measures systems will involve schemes connected to existing dam. The OP is triggered as the construction of new are taken to ensure the performance of the Bank financed project (or in this case, rehabilitation of existing dams and the safety of the dam, either schemes) is dependent on an existing dam. rehabilitation of existing a new dam or existing dams and in carrying out dam on which the Bank- The Project will arrange for one or more independent dam specialists activities that may be financed project is to (1) inspect/evaluate safety status and its performance history, (2) affected by an existing directly dependent. review/evaluate the operations and maintenance (O&M) procedures, and (3) dam. provide a written report of findings and recommendations for any remedial or safety-related measures.

Dam safety assessments will be performed in line with OP 4.37. Based on the results from this assessment, the project will develop safeguards instruments, including all relevant dam safety plans, and Emergency Preparedness and Response Plan for each

NFASP Environmental and Social Management Framework (ESMF)

Safeguard Policies Main Objectives Applicability Application to ESMF

connecting dam and scheme. The project will explicitly exclude the irrigation schemes which involve dams with high sensitivity that will require significant and complex remedial works and present significant risks to the environment and population and that are require reclassification of the project as a category A project.

OP 7.50 This policy applies any The policy is triggered The Policy is triggered to this Project because the activities will involve the “use or Projects on International river, canal, lake, or since the proposed potential pollution” of the Ayeyarwady River, which is an international river, and of Waterways similar body of water activities of rehabilitation the Salween/Thanlwin River which is an international river shared between China, that forms a boundary and improvements of Thailand and Myanmar. between, or any river or existing irrigation and body of surface water drainage systems are Under the proposed project, existing irrigation and drainage systems will be that flows through, two nationwide. rehabilitated to restore efficient operations, improve management, and to introduce or more states. higher value but lower water consuming crops and new water saving irrigation technologies. This is expected to improve agriculture productivity of the farm holdings and restoration of cropped area without any increase in water use, so that the complete original command area would be provided with water. There will be no change in nature and scope of the existing schemes and no expansion of the command area of the irrigation systems in these regions.

Given the scope of works under the proposed Project, it is the assessment of the Task Team that the Project activities will not affect the quantity or quality of water available to other riparian countries nor will they be affected by changes in the water use of other riparian countries. The exceptions to the notification requirement was cleared with the Legal Department, and the memo to the RVP prepared by the team and approved on 30 May 2020.

Concerning pollution prevention due to proposed laboratories which may pose substantial high risks of pollution due to lack of capacity for hazardous waste management, the ESMF provides a screening mechanism to exclude high risk laboratories that would result pollution of any international waters.

NFASP Environmental and Social Management Framework (ESMF)

3.3. Gap Analysis between World Bank Operational Policies and Myanmar Legislation

61. For the most part, the laws of Myanmar are consistent with the World Bank Operational Policies applicable to NFASP. The exception is some of the provisions of OP 4.04 concerning the rehabilitation or conversion of natural habitats. Similarly, there is no legislation in Myanmar applicable to projects on international waterways.

62. Table 3 below is a gap analysis of Bank Operational Policies against Myanmar Legislation. Where gaps exist in national legislation, Bank policies will prevail.

NFASP Environmental and Social Management Framework (ESMF)

Table 3: Gap Analysis Between World Bank OPs and Myanmar Legislation

Issue World Bank Operational Policies Myanmar Legal Framework Gap Filling Measures

Environmental Assessment OP 4.01 EA Process 1.1 An EA considers Assess the adequacy of the applicable legal and EIA Procedures (2015) NFASP is a Category B natural and social institutional framework, including applicable Environmental Conservation Department (ECD) shall project. Any subprojects that aspects in an international environmental agreements, and determine one of three instruments (IEE, EIA, EMP) for are considered to be integrated manner confirm that they provide that the cooperating assessment purposes based on the type and size (or) Category A will not be funded that considers government does not finance project activities that capacity of the proposed economic activity and based on by the project. Based on national and would contravene such international obligations. the project proposal submitted by the project proponent. Annex A of EIA Procedures, international the Project will determine obligations, treaties, the type of assessment and agreements. instrument for each subproject. Additionally, a two-step screening process will be applied to assess the type of instrument required to compliance with World Bank E&S safeguards.

OP 4.01 Policy Procedures will be applied to ensure that subprojects do not contravene any obligations, treaties, or agreements whether or not an EA is a requirement under national regulations.

1.2. Assessment of Provide for assessment of feasible investment, EIA Procedure (2015) Article 58: OP 4.01 Policy Procedures project alternatives. technical, and siting alternatives, including the "no The EIA investigation shall also include an analysis of will be implemented to action" alternative, potential impacts, feasibility of Alternatives. Such analysis shall include a description of ensure that the assessment mitigating these impacts, their capital and each Alternative, and an assessment and comparison of the of the potential project recurrent costs, their suitability under local impacts review possible

NFASP Environmental and Social Management Framework (ESMF)

Issue World Bank Operational Policies Myanmar Legal Framework Gap Filling Measures

conditions, and their institutional, training and Adverse Impacts, required mitigation measures and alternatives including the monitoring requirements associated with them. Residual Impacts of the Alternatives. option of “no action”.

1.3 Retention of The borrower should normally engage an advisory Environmental Conservation Rules (2014) Article 12: OP 4.01 Policy Procedures project advisors. panel of independent, internationally recognized The Committee, for the conservation and enhancement of and EIA Procedure (2015) will environmental specialists to advise on all aspects environment: be implemented to provide of the project relevant to the EA. - May ask necessary proposals, advices, remarks guidance should the from the relevant Government departments, borrower be advised that Government organizations, international independent, internationally institutions, local and oversea nongovernmental recognized environmental organizations, social organization, experts and the specialists be engaged to public for a particular case or general. provide advice on the project review. Environmental Conservation Rules (2014) Article 37: The Ministry: - Shall carry out, as may be necessary, in coordination and cooperation with the relevant Government departments, Government organizations, Non- governmental organizations and Experts, in accord with the guidance of the Union Government, to enable to prevent damage to the environment which is caused or likely to cause by environmental emergency.

EIA Procedure (2015) Article 67: Upon receipt of the EIA Report from the Project Proponent, the Department shall: - Submit the EIA Report to the EIA Report Review Body for comment and recommendations; - Invite comments and suggestions on the EIA Report from all relevant parties including involved government organizations, institutions, civil society

NFASP Environmental and Social Management Framework (ESMF)

Issue World Bank Operational Policies Myanmar Legal Framework Gap Filling Measures

organizations, and PAPs, as appropriate - Arrange public consultation meetings at national, regional, state, Nay Pyi Taw Union Territory and local levels where the Project Proponent shall present the EIA Report; and - Collect and review all comments and recommendations received, including those of the EIA Report Review Body, and forward the same to the Ministry to enable it to make a final decision on approval of the EIA Report.

Public Consultation and Disclosure 2.1. The EA The Bank may, if appropriate, require public EIA Procedures (2015) Article 13: The Project Proponent OP 4.01 Policy Procedures process must include consultation and disclosure. shall: and EIA Procedures (2015) public consultation - Arrange for appropriate public consultation Article 13 will be and disclosure. The borrower consults project affected groups and through all phases of the IEE and EIA process as implemented to provide local nongovernmental organizations (NGOs). required by Articles 34, 50, and 61, guidance on public - Disclose to the public in a timely manner all consultation and disclosure relevant Project-related information in accordance such that project affected with this Procedure except that which may relate groups and local NGOs are to National Security concerns as informed by the informed. Ministry.

EIA Procedures (2015) Article 34: The Project Proponent shall undertake the following public consultation process in regard to an IEE Type Project: - Immediately upon commencement of the IEE, disclose relevant information about the proposed Project to the public and civil society through the Project or Project Proponent’s website(s) and local media, including by means of the prominent posting of legible sign boards at the Project site

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which are visible to the public, and comply with technical guidelines issued by the Ministry; and - Arrange the required complement of consultation meetings as advised by the Ministry, with local communities, potential PAPs, local authorities, community-based organizations, and civil society, and provide appropriate and timely explanations in press conferences and media interviews.

EIA Procedures (2015) Article 50: As part of the [EIA] Scoping, the Project Proponent shall ensure that the following public consultation and participation process is carried out: - Disclose information about the proposed Project to the public and civil society through posting on the Project or Project Proponent’s website(s) and local media, including by means of the prominent posting of legible sign boards and advertising boards at the Project site which are visible to the public; and - Arrange the required complement of consultation meetings as advised by the Ministry, with local communities, potential PAPs, local authorities, community based organizations, and civil society, and provide appropriate and timely explanations in press conferences and media interviews.

EIA Procedures (2015) Article 61:

As part of the EIA investigations, the Project Proponent shall undertake the following consultation process: - Timely disclosure of all relevant information about the proposed Project and its likely Adverse Impacts to the public and civil society

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through local and national media, the website(s) of the Project or Project Proponent, at public places such as libraries and community halls, and on sign boards at the Project site visible to the public, and provide appropriate and timely explanations in press conferences and media interviews; - Arrange consultation meetings at national, regional, state, Nay Pyi Taw Union Territory and local levels, with PAPs, authorities, community based organizations and civil society; - Consultations with concerned government organizations including the Ministry, the concerned sector ministry, regional government authorities and others; and - Field visits for the Ministry and concerned government organizations.

The Ethnic Rights Protection Law (2015) Article 5: The matters of projects shall completely be informed, coordinated and performed with the relevant local ethnic groups in the case of development works, major projects, businesses and extraction of natural resources will be implemented within the area of ethnic groups.

Monitoring and Evaluation 3.1 Internal and During project implementation, the borrower EIA Procedure (2015) Article 106: For the sub-projects requiring external independent reports on (a) compliance with measures agreed The Project Proponent shall, during all phases of the Project EIA, IEE or EMP in accordance monitoring are with the Bank on the basis of the findings and (pre-construction, construction, operation, with EIA Procedures (2015), required results of the EA, including implementation of any decommissioning, closure and post-closure), engage in the PMU will continuously EMP. continuous, proactive and comprehensive self-monitoring implement monitoring of the of the Project and activities related thereto, all Adverse project and report to the

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Impacts, and compliance with applicable laws, the Rules, MONREC as per the given this Procedure, standards, the ECC, and the EMP. timeframe.

EIA Procedure (2015) Article 108: PMU will conduct overall The Project Proponent shall submit monitoring reports to monitoring of the ESMF the Ministry not less frequently than every six (6) months, implementation of the NFASP as provided in a schedule in the EMP, or periodically as Project. The PMU will prescribed by the Ministry. prepare semi-annual reports and submit to World Bank. Natural Habitats OP 4.04 1. Promote Environmentally Sustainable Development 1.1 Use a The Bank supports, and expects borrowers to Environmental Conservation Law (2012) Article 3: The OP 4.04 Policy Procedures precautionary apply, a precautionary approach to natural objectives of this law are as follows: will be implemented to apply approach to ensure resource management to ensure opportunities for - To enable to lay down the basic principles and give a precautionary approach environmentally environmentally sustainable development. guidance for systematic integration of the matters that complements the sustainable of environmental conservation in the sustainable national regulation that development. development process. ensures the rational and sustainable conservation, Conservation of Biodiversity and Protected Areas Law development, management, (2018) and use of the natural - The Director General, with the approval of the resources. Ministry may provide and carry out the necessary means and measures to prevent Protected Areas from the threats and disturbances of adjacent areas.

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1.2 Avoid The Bank does not support projects that, in the Not included. Though critical habitats are significant conversion Bank’s opinion, involve the significant conversion not proposed to be within or degradation of or degradation of natural habitats. the subproject footprints, critical natural OP 4.04 Policy Procedures habitats. will be implemented to provide guidance on avoiding the conversion or degradation of critical natural habitats which could be directly or indirectly affected by the sub-projects. 1.3 Using lands Wherever feasible, Bank- financed projects are Not included. OP 4.04 Policy Procedures already converted sited on lands already converted. will be implemented to from natural habitats ensure that the sub-projects to minimize impacts. are designed to be sited on converted lands, wherever possible.

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1.4 Provide for the If there are potential institutional capacity Environmental Conservation Rules (2014) Article 12: OP 4.04 Policy Procedures use of appropriate problems, the project includes components that The Committee, for the conservation and enhancement of will be implemented to expertise for the develop the capacity of national and local environment: complement national design and institutions for effective environmental planning - May ask necessary proposals, advices, remarks regulations to provide implementation of and management. The mitigation measures from the relevant Government departments, guidance should the mitigation and specified for the project may be used to enhance Government organizations, international borrower be advised that monitoring plans. the practical field capacity of national and local institutions, local and oversea nongovernmental independent, internationally institutions. organizations, social organization, experts and the recognized environmental public for a particular case or general. specialists be engaged to provide advice on the Project Environmental Conservation Rules (2014) Article 37: review. - Shall carry out, as may be necessary, in coordination and cooperation with the relevant Government departments, Government organizations, Non- governmental organizations and Experts, in accord with the guidance of the Union Government, to enable to prevent damage to the environment which is caused or likely to cause by environmental emergency.

Public Consultation and Disclosure 2.1 Consult key The Bank expects the borrower to take into See 4.01 above. OP 4.04 Policy Procedures stakeholders and account the views, roles, and rights of groups, and EIA Procedures (2015) NGOs as well as including local nongovernmental organizations and will be implemented to disclose draft local communities, affected by Bank- financed provide guidance on public mitigation plan in a projects involving natural habitats, and to involve consultation and disclosure timely manner, such people in planning, designing, implementing, such that project affected before appraisal monitoring, and evaluating such projects. groups and local NGOs are formally begins, in an informed. accessible place and in a form and language understandable to key stakeholders.

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Pest Management OP 4.09 Application The Bank supports a strategy that promotes the The Pesticide Law (2016) Article 26: OP 4.09 Policy procedure will use of biological or environmental control method The user of pesticide shall: be implemented to promote and reduces reliance on synthetic chemical - Comply with the instruction for use of pesticides; the use of biological or pesticides. In Bank-financed projects, the borrower - Comply with pesticide safety guidelines published environmental control addresses pest management by the Department from time to time; method and reduces reliance issues in the context of the project's - Neither keep pesticides in close proximity to on synthetic chemical environmental assessment. foodstuffs, nor within easy reach of children; pesticides. - Comply with the methods of disposal and destruction of the used empty containers and packaging materials of the pesticide in accordance with the directive of the Department; - Comply with the educational directives published from time to time by the Department concerning use of pesticides in the cultivation fields and the storage of harvested crops.

The Pesticide Law (2016) Article 35: Whoever using the pesticide shall not affect the environment or anyone by violating any conditions of section 26. Agricultural Pest The Bank supports integrated pest Not included. Annex 4 of the ESMF Management management (IPM) and the safe use of agricultural presents guidelines for the pesticides: economic and sector work, sectoral or preparation of a Pest project-specific environmental assessments, Management Plan. participatory IPM assessments, and investment projects and components aimed specifically at Annex 11 provides a list of supporting the adoption and use of IPM. prohibited and restricted chemicals. In Bank-financed agriculture operations, pest populations are normally controlled through IPM approaches, such as biological control, cultural practices, and the development and use of crop varieties that are resistant or tolerant to the pest.

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The Bank may finance the purchase of pesticides when their use is justified under an IPM approach. Prohibited Pesticides The Bank does not finance formulated products Pesticide Law (2016) Article 8: See above. that fall in WHO classes IA and IB, or formulations The Registration Board may prohibit the use of of products in Class II, if (a) the country lacks pesticide or toxic substance for which registration has restrictions on their distribution and use; or (b) been obtained on occurring any of the following events they are likely to be used by, or be accessible to, contained hereunder or withdraw the registration: lay personnel, farmers, or others without training, - On facts received from outside or inside of the equipment, and facilities to handle, store, and country that the pesticide may be hazardous to apply these products properly. human beings, animals, crops, and the environment; - Finding on reinvestigation of the pesticide that the percentage of the active ingredient has met neither the analyzed strength nor the quality as shown at the time of application - On being requested to discontinue the use by the applicant who may be either the pesticide or active ingredient manufacturing foreign company or the local formulator.

Notification No.1/2020 (Announcement of the Banned Pesticide List) - The Pesticide Registration Board A total of 54 pesticides are banned to import, manufacture, distribute, sell and use in accordance with the article (8) of the Pesticide Law (2016)

Indigenous People OP 4.10

Consideration on For all projects that are proposed for Bank The 2008 Constitution, Clause 22, provides equal rights to Annex 6 of the ESMF Indigenous People financing and affect Indigenous Peoples, the Bank the various ethnic groups included in the term national presents a Community requires the borrower to engage in a process of races and a number of laws and regulations aim to preserve Participation Planning free, prior, and informed consultation. The Bank their cultures and traditions. Myanmar national law sets Framework (CPPF). The term provides project financing only where free, prior, “Ethnic People” is used in the

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and informed consultation results in broad out rights of ethnic races or nationalities to representation CPPF equivalent to the term community support to the project by the affected in the State parliament. “Indigenous People” used by Indigenous Peoples. The Ethnic Rights Protection Law, of February 2015, the WB. contains sections guaranteeing minorities the right to study Such Bank-financed projects include measures to their language and literature, practice other elements of NFASP is not excepted to (a) avoid potentially adverse effects on the their culture and maintain their traditions. Clause 5 states negatively impact any Ethnic Indigenous Peoples’ communities; or (b) when ethnic people have the right of free, prior, informed Peoples; some activities may avoidance is not feasible, minimize, mitigate, or consultation for the use of natural resources and be located in areas where compensate for such effects. development projects in their areas. Ethnic Peoples are living or working. EIA Procedures (2015) Projects that involve Involuntary Resettlement or which may potentially have an Adverse Impact on Indigenous People shall comply with specific procedures separately issued by the responsible ministries. Prior to the issuance of any such specific procedures, all such Projects shall adhere to international good practice (as accepted by international financial institutions including the World Bank Group and Asian Development Bank) on Involuntary Resettlement and Indigenous Peoples.

Free, Prior, Informed OP 4.10 requires FPIC that See above The ESMF (Annex 6) provides Consultation (FPIC) lead to broad community guidance for application of that lead to broad support during the Social FPIC. community Assessment, Preparation support and implementation of the CPP.

Access to manage Promote that the Indigenous Peoples can The Ethnic Rights Protection Law (2015) Article 5 - states There is no specific law on natural resources participate in devising opportunities to benefit ethnic people have the right of free, prior, informed resource sharing in and opportunities from exploitation of customary resources or consultation for the use of natural resources and Myanmar. to benefit sharing indigenous knowledge, the latter (indigenous development projects in their areas. knowledge) to include the agreement of the The ESMF – Annex 6 CPPF - Indigenous Peoples resources or indigenous will assess land and natural

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knowledge, the latter (indigenous knowledge) to resource use and how include the agreement of the Indigenous Peoples management of natural ensure that the Indigenous Peoples can participate resources may be enhanced. in devising opportunities to benefit from Ethnic People have a right exploitation of customary resources or indigenous through FPIC on matters of knowledge, the latter (indigenous knowledge) to natural resource include the agreement of the Indigenous Peoples management but they do not ensure that the Indigenous Peoples can participate have the right to manage in devising opportunities to benefit from these resources. exploitation of customary resources or indigenous knowledge, the latter (indigenous knowledge) to include the agreement of the Indigenous Peoples .

Physical Cultural Resources OP 4.11 Preservation of Physical Cultural Resources 1.2 As part of the To develop the TORs for the EA, the borrower, in Constitution of Myanmar (2008) Article 390 (b): OP 4.11 Policy Procedures EA, as appropriate, consultation with the Bank, relevant experts, and Every citizen has the duty to assist the Union in carrying out will be implemented in conduct field based relevant project-affected groups, identifies the the following matters: (a) Preservation and safeguarding of conjunction with national surveys, using likely physical cultural resources issues, if any, to cultural heritage; (b) Environmental conservation; (c) regulatory instruments to qualified specialists be taken into account by the EA. Striving for development of human resources; (d) ensure that likely physical to consult concerned Protection and preservation of public property. cultural resources are government identified. authorities, relevant The Protection and Preservation of Cultural Heritage non-governmental Regions Law (1998) Sections 4 and 12: organizations, relevant experts and The Ministry of Culture may, with the approval of the local people in Government issue notification demarcating any or more documenting the than one of the following kinds of zones as a cultural presence and heritage region: (a) ancient monumental zone; (b) ancient significance of site zone; (c) protected and preserved zone. physical cultural resource (PCR). Functions and duties of the Ministry of Culture are as follows: - Determining with the approval of the Government,

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the ancient monuments and ancient sites that should be determined as cultural heritage in the cultural region.

Environmental Conservation Rules (2014) Article 48: - The Ministry may cooperate with the relevant Government departments and Government organizations or assign duty to cooperate them when carrying out environmental conservation activities for perpetuation of cultural heritage areas, natural heritage areas, cultural monuments, buildings and natural areas according to one of the existing laws.

Environmental Conservation Law (2012) Article 19: - The Ministry shall cooperate with the relevant Government departments and Government organizations in the matters of environmental conservation for perpetual existence of cultural heritage sites and natural heritage sites, cultural monuments and natural areas stipulated under any existing law.

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1.2 For materials The borrower develops a physical cultural EIA Procedures (2015) Article 91: OP 4.11 Policy Procedures that may be resources management plan that includes The Ministry may prescribe conditions of an ECC. Such will be implemented in discovered during measures for avoiding or mitigating any adverse conditions may encompass any or all of: Cultural resources: conjunction with the EIA project impacts on physical cultural resources, provisions (i) protection of cultural heritage sites, structures and Procedures (2015) to guide implementation, for managing chance find, any necessary measures objects, and (ii) procedures for dealing with archaeological the preparation of a PCR provide for the use of for strengthening institutional capacity, and a finds. management plan should "chance find" monitoring system to track the progress of these cultural resources be procedures in the activities. discovered during sub-project context of the PCR construction activities. management plan or PCR component of The ESMF also outline chance the environmental find procedures in Annex 5. management plan.

2.1 Disclose draft As part of the public consultations required in the See 4.01 above. OP 4.11 will be implemented mitigation plans as EA process, the consultative process for the to provide guidance on public part of the EA or physical cultural resources component normally consultation and disclosure equivalent process, includes relevant project- affected groups, such that project affected in a timely manner, concerned government authorities, and relevant groups and local NGOs are before appraisal nongovernmental organizations in documenting informed. formally begins, in an the presence and significance of physical cultural accessible place and resources, assessing potential impacts, and in a form and exploring avoidance and mitigation options. language that are The findings of the physical cultural resources understandable to component of the EA are disclosed as part of, and key stakeholders. in the same manner as, the EA report.

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Involuntary Resettlement OP 4.12 Land Property 1.1 Policy objectives PAPs (Project Affected Persons) should be assisted EIA Procedures (2015) Section 102(b): In general, basic principles in in their efforts to improve their livelihoods and - The Project Proponent shall bear full legal and EIA Procedures are aligned standards of living or at least to restore them, in financial responsibility for: PAPs until they have with the WB’s policy real terms, to pre-displacement levels or to levels achieved socioeconomic stability at a level not objectives. prevailing prior to the beginning of project lower than that in effect prior to the implementation, whichever is higher. commencement of the Project, and shall support The ESMF and in particular programs for livelihood restoration and Annex 7, RPF, will ensure that resettlement in consultation with the PAPs, related OP 4.12 Policy Procedures government agencies, and organizations and other are applied and that they concerned persons for all adverse impacts. complement EIA Procedures.

1.2. Support for Compensation for the loss of structures and other National Land Use Policy (2016) Chapter 3, Section 16: In OP 4.12 Policy Procedures affected households assets on the land, plus resettlement assistance to carrying out land information management: will be applied because the who have no all project affected persons to achieve the policy - Legitimate land tenure rights recognized by the National Land Use Policy only recognizable legal objective (to improve their livelihoods and local community, including individual, household, address recognition of right or claim to the standards of living or at least to restore them, in collective and communal, whether or not they have different land tenure rights land they are real terms, to pre-displacement levels or to levels been registered, recorded and mapped, shall be but consideration for occupying prevailing prior to the beginning of project recognized, protected, and registered in supporting affected implementation, whichever is higher). accordance with laws. households is not clearly - National Land Use Policy (2016) Part VIII, Section 66: mentioned. When preparing and revising customary land use maps and records of ethnic nationalities, the Persons who have no responsible government departments and recognizable legal right or organizations shall do the following: claim to the land they are - Formally recognize and protect the customary land occupying will be entitled to tenure rights and related local customary land compensation for the loss of management practices of ethnic groups, whether or assets other than land and not existing land use is registered, recorded or resettlement assistance (such mapped. as place to occupy, other assets, cash, employment, and so on) to improve their livelihoods and standards of

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living or at least to restore them, in real terms, to pre- displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher.

Vulnerable PAPs will receive special assistance.

A moving allowance will be provided based on structure types, family size and distance to the relocation site.

Compensation 2.1. Methods for Compensation for lost land and other assets should Land Acquisition Act (1894), Section 23: OP 4.12 Policy Procedures determining be paid at full replacement cost. In determining the amount of compensation to be awarded will be applied in line with compensation rates for land acquired under this Act, the Court shall take into compensation related consideration: legislation in Myanmar. - The market value of the land at the date of the publication of the notification under section 4, sub- Compensation at section (1); replacement cost for land, - The damage sustained by the person interested by structures and other assets reason of the taking of any standing crops or trees on the land will be provided. which may be on the land at the time of the Collector’s taking possession thereof; An independent appraiser - The damage (if any) sustained by the person will calculate the value of all interested, at the time of the Collector’s taking types of assets affected in possession of the land, by reason of severing such order to establish the land from his other land; compensation rate. - The damage (if any) sustained by the person

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interested, at the time of the Collector’s taking The compensation for possession of the land, by reason of the acquisition properties that can be injuriously affecting his other property, moveable replaced will be equal to its or immoveable, in any other manner, or his market value (as determined earnings; and by an independent appraiser) - If in consequence of the acquisition of the land by plus transaction costs. the Collector the person interested is compelled to change his residence or place of business, the The value of structures that reasonable expenses (if any) incidental to such need to be rebuilt will be change. calculated without taking depreciation into account or National Land Use Policy (2016) Part V, Section 40: When deduction for salvageable amending or newly enacting relevant laws, rules and materials. procedures, they shall be inconformity with National Land Law and based on the following: - Shall describe effective, consistent and fair valuation system when providing compensation and relocation for people affected by land acquisitions.

2.3 Consultation and Participation in planning and implementation, EIA Procedures (2015) Article 13: The Project Proponent Provisions of EIA Procedures disclosure specially confirming the eligibility criteria for shall: and National Land Use Policy compensation and assistance, and access to - Arrange for appropriate public consultation have elaborate procedures Grievances Redress Mechanisms through all phases of the IEE and EIA process as for public consultation, required by Articles 34, 50, and 61; and participation and information - Disclose to the public in a timely manner all relevant disclosure. However, Project-related information in accordance with this grievance issues are not Procedure except that which may relate to National clearly addressed. A Security concerns as informed by the Ministry. Grievance Response Mechanism is provided in National Land Use Policy (2014) Article 37: Chapter 10 and Annexes of Fair environmental and social impact assessments: the ESMF.

- When drawing and implementing the project for

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land allocation and resettlement, the persons to be OP 4.12 Policy will also be relocated shall be consulted systematically and applied. shall be able to participate in person. Intensive consultation and participation in line with GRM of ESMF will be conducted at every stage of the project.

Safety of Dams O.P. 4.37 Design and The Bank requires that the borrower arrange for Myanmar National Committee on Large Dams Law10 (2015) NFASP will explicitly exclude Supervision of Dam one or more independent dam specialists Article 17: The duties of the Committee are as follows: irrigation schemes which Safety to (a) inspect and evaluate the safety status of the - Raising awareness and encouragement of creativity involve high-risk dams that existing dam, its appurtenances, and its and enthusiasm of the members for sustainable will require significant and performance history; (b) review and evaluate the development of environment, safety and good complex improvements, owner's operation and maintenance procedures; investment in using by constructing large dams; present significant risks to and (c) provide a written report of findings and - Training for human resources participating in the the environment and recommendations for any remedial work or safety development of good large dams and assisting and population, and require related measures necessary to upgrade the encouraging to enhance their capacity in work; reclassification of the project existing dam to an acceptable standard of safety. - Scrutinizing and giving recommendation of as a Category A project. investigation, design, detailed design and For small dams, generic dam safety measures implementation of construction, according to the The ESMF identifies that for designed by qualified engineers are usually duty and power of the Committee, of the projects those Stage 2 and Stage 3 adequate. which are being constructed and will be dams requiring a dam safety constructed by the State; assessment, a two-step - Inspecting and giving recommendation for work on assessment will be done in the inspection of worthiness of the constructed

10 Large Dams mean earthen dams, rock fill dams and concrete dams which have the height of 15 meters and above or from 5 meters to 15 meters and may store the volume of water 3 million cubic meters and above; https://www.mlis.gov.mm/mLsView.do;jsessionid=8A2E6B90F83F1199F7453B49FBB58EDB?lawordSn=9728 55

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large dams projects of the State by the Committee accordance with O.P. 4.37 and operation and maintenance of hydraulic (see Annex 8). structures; - Sharing awareness and knowledge of science and technology related to the development of large dams; - Providing necessary assistance in carrying out investigation, construction, laying down the strategies, management and the use of large dams in accordance with the provisions of the procedure, technological ethics and standard, distributing the remarks to each department and organization operating the works of large dams and consultation in respect of the recommendations of the Committee; - Cooperating and undertaking in the construction and implementation of large dams in coordination with other organizations related to the extraction of water resources utilization by the Committee; - Improvement of communications with the International Commission on Large Dams (ICOLD), the international organizations through the relevant government department and government organization; - Protecting the rights of technical skill of any individual who is the member of the Committee and organizations in accordance with law.

Projects on International Waterways O.P. 7.50

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Applicability This policy applies to the following types of There is no legislation in Myanmar that applies to projects on The ESMF provides a international waterways: international waterways. screening mechanism to - Any river, canal, lake, or similar body of exclude irrigation schemes water that forms a boundary between, or that utilize water from or into any river or body a river or river tributary that - of surface water that flows through, two or flows to or through or forms more states, whether Bank members or a border with a neighboring not; country and also exclude - Any tributary or other body of surface high risk laboratories that water that is a component of any would result pollution of any waterway described above international waters. - Any bay, gulf, strait, or channel bounded by two or more states or, if within one state, recognized - As a necessary channel of communication between the open sea and other states-- and any river flowing into such waters.

This policy applies to the following types of projects: - Hydroelectric, irrigation, flood control, navigation, drainage, water and sewerage, industrial, and - Similar projects that involve the use or potential pollution of international waterways as described above.

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Notification The Bank requires the beneficiary state, if it has There is no legislation in Myanmar that applies to projects on not already done so, formally to notify the other international waterways. riparians of the proposed project and its Project/Program Details.

The Bank ascertains whether the riparians have entered into agreements or arrangements or have established any institutional framework for the international waterway concerned.

Following notification, if the other riparians raise objections to the proposed project, the Bank in appropriate cases may appoint one or more independent experts to examine the issues in accordance, with BP 7.50, paras. 8-12. Should the Bank decide to proceed with the project despite the objections of the other riparians, the Bank informs them of its decision.

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Exceptions to The following exceptions are allowed to the Bank's There is no legislation in Myanmar that applies to projects on An exception to the Notification requirement that the other riparian states be international waterways. notification requirement was Requirement notified of the proposed project: cleared with the World Bank - For any ongoing schemes, projects Legal Department, and involving additions or alterations that approved on 30 May 2020. require rehabilitation, construction, or other changes that in the judgment of the Bank (i) will not adversely change the quality or quantity of water flows to the other riparians; and (ii) will not be adversely affected by the other riparians' possible water use. This exception applies only to minor additions or alterations to the ongoing scheme; it does not cover works and activities that would exceed the original scheme, change its nature, or so alter or expand its scope and extent as to make it appear a new or different scheme. In case of doubt regarding the extent to which a project meets the criteria of this exception, - Water resource surveys and feasibility studies on or involving international waterways. H - Any project that relates to a tributary of an international waterway where the tributary runs exclusively in one state and the state is the lowest downstream riparian, unless there is concern that the project could cause appreciable harm to other states.

NFASP Environmental and Social Management Framework (ESMF)

4. Environmental and Social Baseline Conditions

4.1. Physical Environment

4.1.1. Geography

63. The Republic of Union of Myanmar is in the southeast of the Asian continent. It is one of the members of the Association of Southeast Asian Nations (ASEAN) bordered by India and Bangladesh to the west, Thailand, and Laos to the east and China to the north and northeast. To the south, it is bounded by the Andaman Sea. It has a 5,876 km (3,651 mi) perimeter which includes an uninterrupted coastline of 1,930 km (1200 mi) along the Bay of Bengal and the Andaman Sea. Myanmar is located at Latitude of 16° 52' 16.7196'' N and Longitude of 96° 11' 57.7644'' E. It extends over 653,508 km2 on land and 23,070 km2 on water, having in total area of 676,578 km2 (261,228 square miles). That makes Myanmar the 40th largest nation in the world. Its capital city is “Naypyidaw” located in the middle part of the country while the commercial city “Yangon”, the former capital, is in the south of the country (see Figure 2 below).

Figure 2: Location of Myanmar11

11Myanmar Information Management Unit.http://themimu.info/

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4.1.2. Climatic Conditions

64. Most parts of Myanmar lie in the monsoon region of Asia between the Tropic of Cancer and the Equator. Generally, Myanmar has three distinct seasons, namely winter or northeast monsoon season (November – February), summer or hot season (March -Mid May) and a rainy or southwest monsoon season (Mid May – October). In March and April, the highest day temperature of 100 ° F (37.8 °C) and above occur in Central and Lower Myanmar areas.12 The average annual rainfall is illustrated in Figure 3.

Figure 3: Annual Rainfall in Myanmar

Source: Department of Meteorology and Hydrology

12Myanmar Climate Report 61

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65. According to Koppen-Gelger Climate Classification (1968-2010), there are seven generalized climate zones in Myanmar as shown in Figure 44. Its coastal regions receive over 5,000 mm (196.9 in) of rain annually. The Delta region gets approximately 2,500 mm (98.4 in) of rainfall. Meanwhile average annual rainfall in the Dry Zone in central Myanmar is less than 1,000 mm (39.4 in). The North of Myanmar is the coolest part of the country with snow-capped mountains of the Himalaya mountain ranges. The average temperature in this region is 21 °C (70 °F) while coastal and delta regions have maximum temperature of 32 °C (89.6 °F).

Figure 4: Climate Zones of Myanmar

NFASP Environmental and Social Management Framework (ESMF)

4.1.3. Water Resources and Major Rivers

66. Myanmar possesses a wide range of water resources including natural lakes and pounds, ground water, rivers, and streams. Myanmar is rich in water resources and the catchment area of Myanmar’s rivers comprises about 737,800 km². Potential water resources volume is about 1082 km³ for surface water and 495 km³ for groundwater.13

67. Myanmar is endowed with tremendous inland water resources in the form of rivers, streams, and springs. (see Table 4). The Ayeyarwady River is the longest river which originates in the northern part of the country and flows into the Andamen Sea. As it flows throughout the country, farmers, fishermen and local people mainly depend on it for their livelihoods. The Chindwin River, with headwaters in the northwestern hills, is the main tributary of the Ayeyarwady. The Sittaung River starts in hills southeast of Mandalay, and the Thanlwin River, the last undammed river in Myanmar, races through deep gorges in the Shan Plateau. The Kaladan River is formed by tributaries discharging from the Arakan Mountains.

Table 4: Potential Water Resources14

River Avg. Annual Name of the River Drainage Area Ground Water Basin Surface Water Basin (103 km2) (km3) No. (km3) I Chindwin 115.3 141.293 57.578 II Upper Ayeyarwady 193.30 227.920 92.599 III Lower Ayeyarwady 95.60 85.800 153.249 IV Sittaung 48.10 81.148 28.402 V Rakhine State 58.30 139.245 41.774 VI Tanintharyi Division 40.60 130.927 39.278 VII Thanlwin 158.00 257.918 74.779 VIII Mekhong 28.60 17.634 7.054 Total 737.80 1081.885 494.713

4.1.4. Soils

68. Because of the wide range of climate and soil forming parent rocks, soil types in Myanmar are considerably varied. At a national level, the government has not conducted surveys of soil quality. However, international organizations/institutes are conducting studies mainly focused on dry zone areas with the objective of furthering agricultural improvement in these areas.

69. Myanmar mainly contains the soil types: Ferralsol, Cambisol and Gleysol which are suitable to grow rice, corns, rubber, and mango trees. Almost one fourth of the country is formed with Ferralsol soil which support the abundant forest growth in Rakhine and Taninthari, and suitable for rubber, coconut, and oil palm plantations in hilly regions of Myanmar. The Cambisol soil is mostly found in hilly and mountainous

13http://www.wepa-db.net/policies/state/myanmar/myanmar.htm 14Presentation of “National Water Resources Management in Myanmar” Sein Aung Min, Assistant Director, ECD. 63

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regions; Shan, Myitkyina and Northern Myanmar which promote the growth of dense forest areas in Myanmar. The soils in Myanmar are low in organic matter and nitrogen while in some regions have high phosphate and potash which are good for crops and paddy.

4.2. Biological Environment

4.2.1. Key Biodiversity Areas

70. Key Biodiversity Areas (KBA) are the sites that contribute to global biodiversity, including vital habitat for threatened plant and animal species in terrestrial, freshwater and marine ecosystems. Myanmar has a total of 132 KBAs (see Figure 5). Among these, 35 are existing Protected Areas and a further six are proposed as Protected Areas. Nevertheless, KBA designation assists to identify priority areas for future conservation efforts and protection; and supports development planning by highlighting the value of areas so that impacts on biodiversity can be avoided. KBAs are also being increasingly being targeted as potential areas for biodiversity offset sites. Currently, KBAs cover 17% of the country. Three-quarters of the KBAs are located in the north and in Tanintharyi Region encompassing the Myeik Archipelago.15

4.2.2. Protected Areas

71. Among the 39 current PAs (see below Figure 6 and Table 6), seven have been recognized as ASEAN Heritage Parks (AHPs), tying the Philippines for the most in the region. AHPs are recognized for their high biodiversity value or uniqueness within ASEAN countries. In Myanmar, these include Hkakaborazi National Park, lndawgyi Lake Wildlife Sanctuary, Alaungdaw Kathapa National Park, Inlay Lake, Wildlife Sanctuary, Meinmahla Kyun Wildlife Sanctuary, Lampi Marine National Park and Natmataung National Park.

72. Myanmar also has a designated Ramsar site (Moeyungi Wetland) and is exploring the potential to nominate seven other areas currently on the Tentative list (TL) as natural World Heritage Sites.16 According to the statistical data of the Department of Forests, there was an increase in the reserved forest area and protected public forest area in 2017. (see Table 5).

15Biodiversity in Myanmar including Protected Areas and Key Biodiversity Areas, 2018 16CBD strategy and action plan 2015 64

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Figure 5: Key Biodiversity Areas17

Table 5: Reserved Forest and Protected Public Forest Area18

RF and PFF Area at Extension of RF RF and PPF Area RF and PPF Area Year the beginning of the and PPF Area written off during at the end of the year during the year the year year

2016 – 65252 279 2 65529 2017

17WCS, 2013 18Department of Forest, Statistical Yearbook 2017 65

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Figure 6: Protected Areas in Myanmar19

19WCS, Protected Areas, 2017 66

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Table 6: List of the Protected Areas in Myanmar as of 2019

Notification No Year Number by Name Area (km2) Location MONREC 1 1927 Piduang Wildlife Sanctuary 22.07 Kachin State 2 1927 Shwe- U – Daung Wildlife 58.04 Mandalay Region Sanctuary 117.97 Shan State 3 1927 Pyin-Oo-Lwin Bird Sanctuary 127.25 Mandalay Region 4 1927 Moscos Islands Wildlife Sanctuary 49.18 Tanintharyi Region 5 1928 Kahilu Wildlife Sanctuary 160.55 Kayin State 6 1939 Mulayit Wildlife Sanctuary 138.54 Kayin State 7 1939 Wethtikan Bird Sanctuary 4.4 Magwe Region 8 1940 Shwesettaw Wildlife Sanctuary 464.28 Magwe Region 9 1941 Chatthin Wildlife Sanctuary 269.36 Sagaing Region 10 1970 ThamihlaKyun Wildlife Sanctuary 0.88 Ayeyarwady Region 11 1972 Minwuntaung Wildlife Sanctuary 205.88 Sagaing Region

12 1974 Htamanthi Wildlife Sanctuary 2150.73 Sagaing Region 13 1985 Inlay Wetland Bird Sanctuary 640.91 Shan State 14 1988 Moeyingyi Wetland Bird 103.6 Bago Region Sanctuary 15 1989 Hlawga Park 6.24 Yangon Region 16 1989 AlaungdawKathapa National Park 1402.79 Sagaing Region 17 1989 Popa Mountain Park 128.54 Mandalay Region 18 1993 MeinmahlaKyun Wildlife 136.7 Ayeyarwady Region Sanctuary 19 1995 Lawkananda Wildlife Sanctuary 0.47 Mandalay Region 20 1996 Lampi Island Marine National 204.84 Tanintharyi Region Park 21 1996 Loimwe Protected Area 42.84 Shan State 22 1996 Parsar Protected Area 77.03 Shan State 23 1998 Hkakaborazi National Park 3812.46 Kachin State 24 2001 Kyaikhtiy Wildlife Sanctuary 156.23 Mon State 25 2001 Minsontaung Wildlife Sanctuary 22.61 Mandalay Region 26 2002 Rakhine Yoma Elephant Range 1755.7 Rakhine State 27 2002 Panlaung-Pyadalin Cave Wildlife 333.8 Shan State Sanctuary 28 2003 Hponkanrazi Wildlife Sanctuary 2703.95 Kachin State 29 2004 Indawgyi Wetland Wildlife 814.99 Kachin State Sanctuary 30 2004 Hukaung Valley Wildlife 6371.37 Kachin State Sanctuary 31 2004 Bumhpabum Wildlife Sanctuary 1854.43 Kachin State 32 2004 Shark Protected Area 1706 and Tanintharyi Region 11734 33 2005 Tanintharyi Nature Reserve 1699.99 Tanintharyi Region 34 2005 Ayeyarwady Dolphin Protected 326 Mandalay Region Area 35 2010 Natmataung National Park 713.54 Chin State 36 2010 Hukaung Valley 4333.05 Kachin State

Wildlife Sanctuary (extension) 6669.22 Sagaing Region

NFASP Environmental and Social Management Framework (ESMF)

Notification No Year Number by Name Area (km2) Location MONREC 37 2013 Kyauk Pan Taung Wildlife 130.61 Chin State Sanctuary 38 2013 Chungponkan Wildlife Sanctuary 2.2 Magwe Region 39 2014 North Zamrari Wildlife Sanctuary 983.21 Bago Region 40 2016 010/2016 Bwae Par Taung National Park 242.81 Chin State 41 2016 053/2016 Iimaw Bone National Park 1562.8 Kachin State 42 2016 013/2016 Kelatha Wildlife Sanctuary 22.45 Mon State 43 2016 042/2016 Taunggyi Bird Sanctuary 15.93 Shan State 44 2017 Inkhaingbum National Park 300.52 Kachin State 45 2018 138/2018 Phar Baung Nature Reserve 1.805 Mon State 46 2018 151/2018 Htaung Wi Taung Geo-Physically 0.67 Kayin State Significance Reserve 47 2018 220/2018 SarMonTaung National Park 114.73 Chin State 48 2019 02/2019 AeitSarThaya Cave Geo-Physically 0.303 Kayin State Significance Reserve

4.3. Social Environment

4.3.1. Population Density in States and Regions

73. According to UN 2020 data, the total population of Myanmar is 54,409,800 persons. The population density was 78 persons per km2 in 2016-2017.20 Yangon Region has the most significant density among others, gaining over the double value of density of 1973. The increase in population varies based on the economics, literacy rate, weather and living standard of the specific area/region/state (see Table 7).

Table 7: Area, Estimated Population, Growth Rate and Density in States and Regions (Years 2016-2017)21

Estimated Population Population Growth Density Area* (sq. States/Regions (million) Rate (%) (people per square km) km) 2016 - 2017 2016 - 2017 2016 -2017 Union 676,577.23 52.92 0.89 78 Kachin State 89,041.80 1.8 1.86 20 Kayah State 11,731.51 0.3 2.14 26 Kayin State 30,382.77 1.58 0.54 52 Chin State 36,018.90 0.5 1.12 14 Sagaing Region 93,702.48 5.45 0.73 58 Tanintharyi 0.87 43,344.91 1.45 33 Region Bago Region 39,404.43 4.91 0.22 125 Magway Region 44,820.58 3.94 -0.05 88 Mandalay 0.91 30,888.09 6.33 205 Region Mon State 12,296.64 2.02 -0.56 164

20Department of Forest, Statistical Yearbook 2017 21Statistical Yearbook (2017) 68

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Estimated Population Population Growth Density Area* (sq. States/Regions (million) Rate (%) (people per square km) km) 2016 - 2017 2016 - 2017 2016 -2017 Rakhine State 36,778.05 3.28 0.51 89 Yangon Region 10,276.71 7.76 2.2 755 Shan State 155,801.38 6.09 1.54 39 Ayeyawady 0.06 35,031.88 6.27 179 Region Nay Pyi Taw 7,057.10 1.22 1.69 172 Note: * Area refers to land surface only, not covered by water.

4.3.2. Population Growth Rates in Urban and Rural

74. For every 100 persons in Myanmar, 70.59 live in rural areas and 29.41 live in urban areas as per the Statistical Yearbook (2017). According to the 2014 report of Myanmar Population and Housing, the Yangon Region is the only region where the population living in urban areas is greater than the people living in rural areas. Almost 30% of the Myanmar population lives in urban areas while the remaining 70% lives in rural areas. The average annual growth rate in Myanmar (2016-2017) is 0.89 percent. From 2016-2017, population growth in Mon State and Magway Regions decreased at a rate of 0.56 and 0.05 respectively (see Figure 7).

4.3.3. Gender Ratio

75. In accordance with the 2014 census, gender ratio (number of males per 100 females) was 99 in 1973, 98 in 1983, and 93 in 2014, respectively. Moreover, Magway Region, has 86 males per 100 females making it the greatest gap of male to female population ratios among the Regions and States. Recent research data from 2014 to 2016 showed that gender ratio gradually decreases in most of the Regions and States meaning the number of females is slowly increasing over males.22 This may be due to a variety of reasons, including greater longevity of females beyond the age of 65 and higher risk factors for males brought about by consumption of cigarettes, alcohol and drugs. Additionally, many men serve away in the military.

76. Gender inequality in Myanmar has historically not been acknowledged as an issue of concern. Beyond the need for law-makers and policy makers to address gender inequality as a national concern, civil society groups have an important role to play in terms of finding culturally appropriate strategies, through targeted campaigns, to end the perpetuation of inequality that takes place through cultural norms and social practices. Moreover, Myanmar’s traditional values, which abhor and prohibit sexual exploitation of women, strongly contribute to the government’s efforts to protect women and girls from human right abuses, including sexual and gender-based violence.23

22Ministry of Immigration and Population, Myanmar Population and Housing Census, 2014 23 “Raising the Curtain” (Cultural Norms, Social Practices and Gender Equality in Myanmar), The Gender Equality Network, Yangon, Myanmar, 2015 69

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Figure 7: Population in Rural and Urban Areas

NFASP Environmental and Social Management Framework (ESMF)

4.3.4. Languages

77. Myanmar has approximately one hundred spoken languages. However, the Burmese language is most prevalent and recognized as the official language of the country and is the language of the Bamar ethnic group. The other sub-ethnic groups also have their own languages such as Kachin, Kayah, Karen, Chin, Mon, Rakhine, and Shan.

4.3.5. Literacy Rates

78. According to the 2014 census, the proportion of the adult population enumerated as literate in 2014 was 89.5 percent. The literacy rate is steadily increasing. Myanmar is a country where the number of literate males (92.6%) is slightly higher than the number of literate females (86.9%). In general, younger generations are more literate than older generations.

4.3.6. Religions

79. Myanmar is a multi-religious country and according to the 2014 census, Buddhism is the predominant religion of 89.8% of the population. The majority of Bamar practices Buddhism, while other Ethnic Peoples practice Christianity, Islam and Hinduism. The Chin State is 85.4% Christian while the majority of Muslims in Myanmar live in the Mon State. The Bago Region holds the most percentage of Hindus in Myanmar.

4.4. Socio-Economic Status

80. A recent community survey conducted by United Nations Development Program in 201424 noted an improvement in the access to basic services such as road, education and healthcare facilities, safe water, and electricity. Road and education facilities lead as the main improvement sectors. The needs for water, electricity and health care services still need improvement (see Figure 8).

4.4.1. Agriculture and Livestock

81. Figure 9 shows the major crops grown in four zones of Myanmar (hilly and mountainous zone, central dry zone, delta zone, and coastal zone) as per climate and soil conditions.

24UNDP Mapping Highlights 2014 71

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40 % 30

Road Education Water Electricity Health Care

Figure 8: Services at the Community Level of Regions and States

Figure 9: Cultivation of Major Crops by Zones in Myanmar

NFASP Environmental and Social Management Framework (ESMF)

4.4.2. Sugarcane

82. Myanmar has more than 182,563 ha of sugarcane plantations and produced more than 470,000 tons of sugar in 2019, an amount deemed sufficient for domestic consumption.25

83. Sugarcane data was reported at 182,563 ha in March 2019. This is an increase over the previous number of 180,139 ha for March 2018. Sugarcane data is updated yearly. The data reached an all-time high of 182,563ha in 2019 and a record low of 151,082 ha in 2010 (see Figure 10).26

Figure 10: Myanmar’s Sugarcane Sown Area and Yield - 2010 to 201924

4.4.3. Tea

84. More than 80% of tea is grown in the Shan State, at high altitudes of at least 1,500 meters above sea level. The tea plantation area in Myanmar increases every year. Tea is currently produced on more than 96,000 ha in Myanmar, of which 86,000 ha is harvested (Table 8). About 15 to 20% of the total fresh tea leaf production in Myanmar is used to produce fermented tea which is in fact a traditional food

25Source; Department of Agriculture, Sugar Crops Division (September 2019) 26Source; Department of Agriculture, Sugar Crops Division

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product which is said to have enormous health benefits, due to its high amounts of antioxidants.27

Table 8: Tea Production 2010 – 201728

Beverages 2010–11 2011–12 2012–13 2013–14 2014–15 2015–16 2016–17 Tea (tones) 94.5 92.5 94.6 95.3 98.6 99.7 102.4

4.4.4. Cotton

85. In Myanmar, two main species of cotton (Gossypium arboretum & Gossypium hirsutum) are produced which are locally named first species as “Wagyi” and “Mahlaing 5/6” and second species as “Long Staple”. Of the two species, only long staple cotton is produced for commercial purpose. (see Table 9). The yield of the long staple cotton number of hectares increased, but total production has declined due to the decrease in cotton growing areas during 2010-2017.

Table 9: Cotton Production 2010 – 2017

Cotton (tonnes) 2010–11 2011–12 2012–13 2013–14 2014–15 2015–16 2016–17

Cotton (wagyi) 15.8 15.7 14.9 16.3 16.6 16.5 17.1

Cotton 20.7 20 14.8 15.4 13.9 14.1 10.2 (mahlaing 5/6) Cotton 504.6 489.2 429.7 469.4 493.6 482.3 438 (long staple)

4.4.5. Livestock

86. The contribution of the livestock and fisheries sector to national GDP is about 9%. Livestock production in 2015-2017 remained largely static, with the exception of Fowl: Cattle - 0.02%, Sheep and Goats +0.18%, Pigs -0.10%, Fowl -7.00% and Duck - 0.15% (see Figure 11).

87. Livestock production from 2015-2017, has remained largely static: cattle + 2%, buffalo+ 2%, sheep and goat + 4%, pig+ 6%, fowl +13% and duck + 3 %.

27Website of Myantrade 28Agriculture Guide 2019, EUROCHAM MYANMAR 74

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Thousand Number 2015-2016 2016-2017 70000

60000

50000

40000

30000

20000

10000

0 Cattle Buffalo Sheep and Pig Fowl Duck Goat

Figure 11: Livestock Breeding (Thousand Number) 4.4.6. Rubber

88. Myanmar has 1,628,830 acres (659,164 ha) of rubber plantations in 2018-2019 and 814,712 acres of rubber tapping areas. Rubber production in 2018-2019 was 617,068,667 pounds.

89. According to agro-climate conditions, rubber can grow almost every parts of country. Myanmar is producing mainly Ribbed Smoked Sheet Rubber (RSS). Rubber production and exports are depicted in Table 10.

Table 10: Rubber Production 2010 – 201825

Rubber 2010–11 2011–12 2012–13 2013–14 2014–15 2015–16 2016–17 2017–18 Production 127921 149619 164426 176915 198022 207935 225226 241850 (MT) Export (MT) 91350 78344 86881 83715 77518 88542 141595 148626

Export Value 302.89 311.20 269.95 195.10 111.73 110.747 197.888 193.138 (USDM)

4.5. Description of Irrigation Scheme Area

90. The lack of adequate water course development is one of the main constraints to more efficient water distribution and expansion of irrigated areas and crop intensities in Myanmar. Water courses and the tertiary unit infrastructure are in

NFASP Environmental and Social Management Framework (ESMF)

principle the responsibility of the farmer group. Maps are only available for three irrigation areas, Mandalay, Saiging and Bago (see Figures 12, 13 and 14).

91. Special maintenance and rehabilitation of existing irrigation, drainage and flood protection serving of six irrigation schemes have been pre-selected for rehabilitation of irrigation canals in the administrative divisions of Naypyitaw, Magway, Mandalay, Sagaing and Bago. Sin The dam is located 16 miles from Tutkone township at the west near the Mae Za Lee Kyin village. The irrigation scheme of this dam covers the administrative area of Tatkone township in the Ottara District of Nay Pyi Taw Special Region. Thae Gaw dam is located in Thayawady township, Zeetaw dam is located in Kyaukse township, Mezale dam is located in Pwintphyu township, Linzinn dam is located in Salin township and Lyma water system is located in Minbu township.

92. In the coastal regions inundation and saltwater intrusion limits the potential for crop production. Improvement or provision of facilities to reduce flood and salinity risks will not only enhance productivity, but also provide more employment and food security in these coastal tidal areas. During the rehabilitation and improvement works under ADSP, drainage improvement has not yet received the attention it requires. Improvement of internal drainage can be speeded up through intensive labor work on a cash for work approach through NFASP.

93. Bio-physical and socioeconomic conditions of proposed project sites vary one from to another at a micro-level although common elements include their location in a semi-arid ecosystem and the presence of a homogenous Buddhist-Burmese agrarian society. Site-specific secondary data available for biophysical conditions are very limited. Further data will be updated when more accurate assessments are provided during project implementation.

94. The physical environment of proposed sites is attributed to the geology and soil formation of those specific river basins. Water resources used by irrigation schemes of proposed project sites are tributaries of the Sittaung River and Irrawaddy River. These tributaries are seasonal and torrential rainwater flows only occur during the wet season from May to October. From available statistics of the Irrigation and Water Utilization Management Department, fluctuation of inflow appears to be sharpening in some years. Soils of irrigated areas in the proposed project sites can generally be characterized by the presence of Fluvisols and Gleysols although slight variations exist site by site.

95. Water samples were collected during field observation and tested for some parameters such as pH, Turbidity, Hardness, Arsenic, Aluminum, Potassium, Iron, Chloride, Nitrite and Zinc concentrations. Laboratory data shows that the pH value is relatively high in the Sin The irrigated area. Although irrigated water is not used for drinking, local communities tends to collect it sometime for household use which could have long-term adverse effect on human health.

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Source: ADSP Figure 12: Map of the Mandalay Irrigation System

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Source: ADSP Figure 13: Map of the Sagaing Irrigation System

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Source: ADSP

Figure 14: Map of the Bago Irrigation System

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97. The local weather condition is also subjective to climate change that affects Myanmar as a whole. According to climate scenario analysis of National Communication Report prepared by Department of Meteorology and Hydrology, average temperatures are predicted to increase approximately by one degree Celsius within the next 30 years (2010 – 2040) in most parts of the country, that includes the proposed project location. Rainfall is also estimated to increase. However, the increased rainfall likely will occur during a shortened period of rainy days because the total length of the Monsoon period is predicted to be reduced from 145 to 105 days. This may result in greater rainfall intensity during the rainy season (more rainfall by lesser rainy days) as well as longer hot and dry periods during the off-rainy seasons, that would cause higher evaporation in the dam reservoir and irrigation system. Particularly, extreme weather such as severe drought is likely to happen more frequently, while heavy rain and thunderstorms would occur due to sudden atmospheric changes during the pre-monsoon period (mid-April to end-May) and post-monsoon period (late September to end-October).

98. There is no forest or any protected vegetation in the irrigated area although different forest types are variably observed in upstream catchment area of each irrigation scheme such as the Moist Upper Mix Deciduous Forest, Dried Upper Mix Deciduous Forest and Dry Forest and Scrubland. These catchment forests are legally protected as forest reserve under the jurisdiction of Forest Department. From the available remote sensing data, a rapid assessment of forest cover changes in those catchment areas showed high forest losses (e.g. 50 percent in Sin The (1990 vs. 2013). This deforestation will cause higher erosion and siltation in the reservoir area of a given irrigation scheme and irrigation efficiency would be also significantly affected. In addition, under the circumstances of extreme weather like heavy rain, the consequence of this deforestation is the risk of flooding the downstream area. There are no ecologically sensitive areas noted in the proposed project area.

99. Multiple cropping is now done by local farmers because of increased access to agriculture water under existing irrigation schemes in the project area. At least, double cropping is practiced for growing monsoon paddy from July to December and summer paddy from January to April/May. The yield was reportedly ranged from 80 to 100 baskets for monsoon paddy and from 85 to 115 baskets for summer paddy.

100. Archaeological and cultural heritage sites have not been found in the project area, although there are religious buildings such as monasteries and pagodas in project villages. Relevant officials confirmed that there are no sacred sites, graveyards, and/or burial places along canals in the project areas. Further assessment of PCRs will be undertaken if site specific ESIAs are required for each of the irrigated schemes considered for financing under the project.

101. At present, most of the irrigation schemes are facing sedimentation problems due to poor design and maintenance. Most of the canals are poorly constructed and there is seepage from irrigation canals to adjacent farmland, causing water logging in the irrigation command area. Due to lack of proper drainage ditches from irrigated farmland to natural watercourses, water pooling has been noted in depression areas.

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4.6. Myanmar Cooperative Society

102. Myanmar Cooperative Society has a long history dating back to 1905 when it started as the Saving and Credit Cooperative Society. The cooperative functions with a focus on selling and buying; bazaar cooperative society, agriculture producer’s cooperative society and so on were also formed at different administrative levels from villages to the central level. Although the purposes of the cooperative were proper, mismanagement and inappropriate policies of the previous socialist administration failed to meet the requirements of the society’s members before 1988.

103. After the second democratic government handed over administrative power, restructuring ministries and new institutional structures were undertaken. Three ministries, namely the Ministry of Agriculture and Irrigation, the Ministry of Livestock and Fisheries and Rural Development and the Ministry of Cooperatives were merged into the Ministry of Agriculture, Livestock and Irrigation. Although the new name of the ministry does not include the cooperative, farmer organizations and cooperatives play a very important role in the raising of awareness of rural and urban societies. The new institutional structure is favorable to exploit the advantages of collaboration and cooperation among sub-sector related activities so that it is necessary to empower farmer organizations or cooperatives.

104. In 2013, the former Ministry of Cooperatives agreed with China EXIM Bank to disburse the loans of (100) million USD to the cooperative members’ farmers. For these loans, the former Ministry of Cooperatives operated the Cooperative Microfinance to the cooperative member farmers successfully. In addition, China EXIM Bank offered another (300) million USD loan to the ministry. In 2014, the former Ministry of Cooperatives could disburse totally (400) million USD to the cooperative members. Up to the end of April 2016, there were functionally formed over (35,000) agriculture cooperative societies. Within five cycles’ disbursements, the repayment rate is (100) percent.

105. For the time being, the Cooperative Department can only disburse the micro capital loans to cooperative members. Therefore, the Cooperative Department has limited capacity to contribute along the food supply chain. In this connection, the Cooperative Department is involved in the NFASP with the World Bank. There are three sub projects which will be implemented for five years and the first one is Component (1.b) (i) Facilitating input distribution through Cooperatives network including supporting e-voucher design for agriculture inputs with (25) million USD; the second sub-project is Component (1.b) (v) Strengthening Seed Cooperatives with (3) million USD; and the third sub-project is Component (2.a) (v) Strengthening Cooperatives and Farmers Groups for Contract Farming (Market Linkage) with (7) Million USD.

NFASP Environmental and Social Management Framework (ESMF)

5. Potential Environmental and Social Impacts and Mitigation Measures

106. Impact analysis of the NFASP considers the available baseline information, the environmental and social context and how it may be impacted by project activities. Site specific impacts (during pre-construction stages as well as operation stage) will be analyzed during the feasibility and detailed design stage and included in the relevant Environmental and Social Management Plans (ESMPs), Environmental Codes of Practice (ECoPs) and other safeguard instruments, as needed (see Annex 1 for screening form).

107. Activities and investments to be conducted under the following project’s components are considered to have potential environmental and social impacts: (i) value chain development and competitiveness which include construction and upgrading of infrastructures and facilities such as processing and cold storage facilities, as well as establishing and upgrading ISO standard laboratories; and (ii) agriculture productivity enhancement which includes capacity building and policy support to the national agriculture research and extension system, supports to production of improved seed varieties and fertilizers, and support to the improvement in the enabling regulatory/legal environment related to improving productivity and diversification iii) e-voucher schemes and iv) the addition of rehabilitated and new irrigation schemes.

108. The typology of NFASP subprojects are presented below in Table 11.

5.1. Potential Positive Impacts

109. Overall, with proper design and commitment, NFASP will positively impact an increase of food security; increase of food safety; increase of household income; and improved health conditions by access to more nutritional and diversified foods. The main positive social and environmental impacts potentially from the project are: (i) reduced vulnerability and increased resilience to climate-change, resulting from climate resilient crop varieties; (ii) environmentally friendly agronomic practices resulting in reduced localized pollution; and (iii) reduced GHG emissions from meat cattle production resulting from more efficient production; and iv) increased crop production from enhanced crop irrigation (see Table 12).

NFASP Environmental and Social Management Framework (ESMF)

Table 11: Potential Type of Subprojects

Types of Subprojects Subproject Description

1. Construction of new and upgrading Under this category, the following infrastructure facilities are expected to be implemented, but not limited to: infrastructure facilities - Upgrading research centers and research farm Facilities in relevant States and Regions. - Construction of buildings needed for crop improvement. - Upgrading the capacity of seed testing laboratories and seed health centers in major cities. - Establishing waste management infrastructure in relevant laboratories. - Establishing tea production and processing technology training centers. - Construction of facilities for Artificial Insemination (AI) Service (AI Training Center, Semen Straw Production Unit, Laboratory, Cattle Housing, LN2 Production Plant, etc.). - Establishing Myanmar Rubber Knowledge and Technical Dissemination Center and related facilities, upgrading research offices, training halls, hostels, etc. - Building and upgrading of ISO laboratories in major cities. - Construction of buildings needed for value chain facilities in NPT, 5 regions and 2 states - Maintenance and repair of irrigation and drainage canals, their appurtenant structures and embankments, and other labor-intensive canal cleaning works.

2. Maintenance and operation of facilities Under this category, the following facilities are expected to be maintained and operated, but not limited to: - Maintenance, upgrading and operation of existing laboratories. - Maintenance and operation of mobile laboratory vehicles. - Maintenance and operation of value chain facilities. Maintenance and operation of tea leaf processing machines (e.g. machine for green and black tea processing, tea color sorting machine, tea juice processing machine and tea powder processing machine including green tea processing machine, black tea processing machine). - Renovation and operation of sugarcane breeding house and farm related facilities. - Rehabilitation and maintenance of irrigation schemes and canals.

3. Agriculture and Livestock Under this category, the following agriculture and livestock activities are expected to be implemented: - Collection of germplasm (native crops varieties) and introduction/ distribution of foreign crops cultivars to farmers. - Conducting demonstration trials for appropriate cultivation technologies and postharvest technology of temperate fruit crops. - Cattle (Bull and Cow) breeding involving artificial insemination with frozen semen and distribution superior genetic animals for natural service. - Improved vaccines and vaccination to control foot and mouth disease.

NFASP Environmental and Social Management Framework (ESMF)

Types of Subprojects Subproject Description

- Awareness on rational use of antimicrobial agents to control antimicrobial resistance. - Growing of demonstration farms for various crops.

4. Procurement of equipment, materials, Under this category, the following equipment, materials, chemicals and others are expected to be procured, but not chemicals, and others. limited to: - Equipment/machines needed for crop characterization, selection and evaluation. - Chemicals required for conducting of genome-wide analysis, nutrient analysis and climate resilient testing in selection of crop improvement. - Lab equipment / instruments, glassware, chemicals and miscellaneous to be used in laboratories. - Treatment facilities (wastewater treatment facilities) for laboratories. - Mobile Laboratory Vehicles. - Purchasing value chain facilities - Tea leave processing machines. - ICT tool and extension materials

5. Services including agriculture input Under this category, the following services are expected to be provided to stakeholders and local peoples in support through vouchers respective States and Regions, but not limited to: - Conducting training/capacity building programs for value chain cluster, Holding Private Sector Platform meeting among DOA Township office, Input Supplier and farmers, inviting actors across the food supply chain for communication. - Making research available on new adaptable and marketable crops and for climate smart agricultural varieties, sharing results and knowledge to stakeholders and conducting farmer participatory survey and research. - Surveying the capacity and needs of farmers in the surrounding the regions of Research Centers and Research Farms. - Providing on-site soil analysis services combined with interpretations and fertilizer recommendations. - Establishing a Fertilizer Recommendation System at a Nationwide Level (Front-end / Smartphone App) - Establishing ICT based agricultural information and knowledge sharing system for advisory services through the formation of ICT task force. - Providing information about the availability of agricultural inputs and market information to extension staff, farmers and other related stakeholders through ICT mechanism including website or agricultural mobile application or call center. - Conducting farmers visit to government demonstration farms to provide demonstration programs related to GAP. - Making baseline survey for temperate fruit crops production and marketing system in all States and Regions.

NFASP Environmental and Social Management Framework (ESMF)

Types of Subprojects Subproject Description

- Providing research findings and appropriate cultivation technologies and postharvest technology (cold storage) of temperate fruit crops to horticultural farm managers and extension staff. - Conducting research for high quality tea production and processing technology and demonstrations and sharing the technologies to the producers/processors. - Establishing demonstration for tea growing on government owned demonstration farms. - Conducting cattle market survey, training and awareness campaign for artificial insemination and natural breeding - Establishment of Myanmar Rubber Web-Portal and upgrading Hnit Shay Mobile Application. - Improving COVID-19 awareness and safety provisions . - Strengthening Cooperatives and farmers groups for contract farming (market linkages). - Conducting capacity building training and extension for cold chain processes. - Conducting public awareness, village selection, providing vaccination to prevent and control FMD disease. - Conducting capacity building trainings for survey, laboratory and vaccination. - Agricultural Inputs support for targeted smallholder farmers based on paper-voucher mechanism (as part of COVID-19 response). - Design a financial support program (including e-voucher mechanism) to support farmers to access to quality inputs and promote the growth of the private sector driven input market.

NFASP Environmental and Social Management Framework (ESMF)

Table 12: Potential Positive Impacts from Subprojects

Sub-component Potential positive environmental and social impacts - Improved research outcomes are likely to contribute to the accelerated development of climate-resilient, improved and marketable varieties of certain crops and seeds and also collection and preservation of germplasm (local variety crops) and to introduce new cultivars. It will reduce crop losses. - Agriculture productivity due to more qualified and climate-resilient crops will be increased, and thereby contribute to increases in the household income of farmers. - Improved crops varieties and sustainable agronomic and management practices will lead to increases in Subcomponent 1a: Strengthening agricultural productivity and profitability. Agricultural Research and Development - The availability of nutritional and diversified foods is likely to be increased through uptake of new technologies System and improved varieties resulting from improved agricultural research and development system. - Advisory support for adoption of Climate Smart Agriculture (CSA) technologies and for crop diversification through demonstration and farmers participatory research will foster reduced vulnerability and increased resilience to climate-change. - Improvement of human resource capacity such as MOALI staff, farmers and associated institutions will contribute to accelerate the establishment of an environmentally friendly and economically feasible agriculture system.

- Provision of high-quality seeds will enhance agricultural production in farming systems across Myanmar. The distribution of qualified seeds to local farmers will lead to higher yields with more income for improved livelihoods. - The upgrading of seed testing laboratories will help farmers and seed producers to easily obtain the seed certificate on time and to lead to a more secure and sustainable food supply in the country. - Increased agricultural productivity will result from reduced fake fertilizer distribution and efficient fertilizer use Subcomponent 1b. Improving the from fertilizer recommendation services. Also, it will support to reduce the loss of chemical fertilizers to the quality and utilization of Agricultural environment. inputs - Easy access to soil data information and site-specific nutrient management can be implemented as a result. - Provision of financial support through input vouchers will improve access to quality inputs for smallholder farmers especially those with financial difficulties and incentivize them to utilize these inputs, which increase productivity and improve climate resilience.

- Improved adoption of agricultural technologies will be attained from improved agricultural extension services. Subcomponent 1c: - Reduction of negative environmental impacts from crop production (i.e. pesticide use in cultivation) will result Strengthening Extension Services from broadening the knowledge of farmers and growers in the intensive and more efficient use of pesticides, through Digital Technologies herbicides, and insecticides.

NFASP Environmental and Social Management Framework (ESMF)

Sub-component Potential positive environmental and social impacts - Advanced technology and market information for farmers will also be provided in a timely manner through the formation of an ICT Task Force to improve farmer understanding and capacity for improved crop management. - The activities will improve the quality of agricultural production by use of innovative agricultural technologies such as Good Agricultural Practices (GAP) and extension services linked to national and international market opportunities. This can lead to enhanced crop safety for Myanmar farmers and an increase in income. - Farmers in remote areas will have improved access to soil testing through provision of mobile laboratories.

- The project will support the establishment and strengthening of Water User Groups (WUG) and the improvement of farmer owned water management infrastructure which is needed to create cropping flexibility for farmers and more equitable and efficient water distribution. - Higher value but lower water consuming crops and new water saving irrigation technologies will be introduced. This is expected to contribute to agricultural productivity growth among the farmer beneficiaries and allow for Subcomponent 1d: Improving Irrigation the restoration of cropped area resulting from the better functioning irrigation systems and reduced system and Drainage Infrastructure leakages. - Cash for work schemes for cleaning and maintenance of irrigation schemes will provide additional income to returning migrants during a difficult economic situation. - The sub-component also contributes to food security by ensuring water availability for farmers.

- The activities will increase the production and productivity of temperate fruit crops in Myanmar (apple, orange, peach, pear, kiwi, strawberry, damson, etc.) through improvements to the supportive infrastructures to industry. - The activities will increase productivity and profitability from meat cattle production resulting from artificial insemination programs. - The activities will reduce greenhouse gas (GHG) emissions from more efficient cattle production. - The activities will increase food security and nutrition from improved crop nutrition from biotechnology. Sub-component 2a: Supporting Value - The activities will improve the soil quality by proper manure management. Addition and Market Access - The activities will result into higher tea values due to higher tea productivity, improved quality, and better product prices from improved access to training and technologies. - Farmer income and market opportunities will be improved through linking them with processors, buyers, and marketing entrepreneurs. - The activities will improve the soil quality by proper management proper management and practice concern with climate resilience.

NFASP Environmental and Social Management Framework (ESMF)

Sub-component Potential positive environmental and social impacts - The activities will promote high quality livestock production, will support national producers and investors, will support long-term storage of livestock products and will produce value added products, will improve job opportunities and will increase the incomes of livestock production sector. - The activities will reduce the losses of livestock products by establishing a cold chain.

- The activities will improve the export market access through better access to ISO certification and facilitation of quality control systems. - The activities will enhance the efficiency and capacities of various laboratories (GMO detection and identification, soil quality, plants quality, water quality, sugar cane quality, etc.) and will result in the supports to farmers and growers in agricultural sector of Myanmar to attain the better productivity, better quality of food, and better Sub-component 2b: International economy. Standard Certification - The activities will improve the quality of laboratories in the aspects of hazardous waste management (solid and liquid), health and safety of workers, etc. - The activities will reduce the incidence of livestock disease mainly FMD disease and maintain/ increase production of livestock and livestock products; will maintain livestock farmer’s regular incomes, will continuously support the supply of safe and nutritious animal proteins to people.

NFASP Environmental and Social Management Framework (ESMF)

5.2. Potential Negative Impacts of Subprojects and its Mitigation Measures

110. The major potential negative environmental and social impacts of Project related activities are categorized as follows: (i) Construction of new and upgrading of infrastructure/facilities; (ii) Maintenance and operation of facilities (e.g. processing and cold storage facilities); (iii) Agriculture and livestock; (iv) Procurement of equipment, materials, chemicals and others; and (v) Provision of services.

111. The potential environmental and social impacts resulted from activities under the construction category are identified as (i) impacts on air quality, (ii) impacts on water quality, quantity and availability, (iii) noise impacts, (iv) impact from hazardous and non-hazardous waste, (v) soil contamination, (vi) impact on flora and fauna, (vii) labor influx, (viii) gender based violence, (ix) impacts on cultural resources, (x) social conflict, (xi) impacts on occupational health and safety, (xii) impacts to vulnerable persons and groups and (xiii) impacts on community health and safety.

112. The potential environmental and social impacts resulted from activities under maintenance and operation of facilities category are identified as (i) impacts on water quality and availability, (ii) impacts from hazardous materials and substances, (iii) impacts from hazardous and non-hazardous waste, (iv) impacts on occupational health and safety,(v) impacts on community health and safety, and (vi) workplace risks such as labor, sexual harassment. and gender-based violence

113. Under the categories of agriculture and livestock, procurement of equipment, chemicals and other materials, and provision of vouchers and services, minor environmental, social, health and safety impacts are expected to occur.

114. Table 13: shows potential negative impacts and proposed mitigations measures for environmental, social, health and safety impacts probably caused by each category of type of activity (see also Annex 2 for more information on Environmental Codes of Practice ECoPs).

NFASP Environmental and Social Management Framework (ESMF)

Table 13: Potential Subproject Negative Impacts and Proposed Mitigation Measures

Proposed Mitigation Measures Type of Subprojects Potential Impacts

1. Construction (new and Environmental Impacts upgrading of infrastructures and facilities) Impact on Air - Spray or sprinkle water on work surfaces regularly in windy and dry weather, when necessary. Quality - Avoid open burning of debris, cut vegetation (trees, undergrowth) or construction waste materials. - Reduce the operation hours of generators, machines, equipment, and vehicles as much as possible and control vehicle speed. - Ensure regular maintenance of generators, machines, equipment, and vehicles used at project site. - To protect against dust and fumes, spray water onto the ground.

Impact on Water - Collect liquid waste systematically and reuse/recycle wherever possible. Quality - Ensure adequate provision of toilets with temporary septic facilities and collection tanks at all construction sites. - Separate concrete works and do not dispose of concrete mixing waste to waterways using sedimentation ponds and treatment. - Store wastes, fuel, and any other chemicals at least 50 m away from any water body and drainage structure.

Noise Impact - Avoid night-time construction. - Use noise-control and abatement methods such as fences, barriers, etc. - Minimize project transportation through community areas where possible. - Ensure proper maintenance and proper operation of construction machinery to minimize noise generation. - Maintain a buffer zone (such as open spaces, row of trees or vegetated areas) between the project site and residential areas to lessen the impact of noise to nearby communities.

Impact from - Segregate waste (e.g. hazardous and non-hazardous), collect, store and transport waste to designated waste Hazardous and disposal sites. Non-hazardous - Never dispose spent oil on the ground and in water courses as it can contaminate soil and groundwater Waste (including drinking water supplies). - Reduce, recycle, and reuse waste [e.g. plastic wastes, electronic waste, agricultural waste (natural, animal feces for later use as manure, plant waste)] wherever and whenever possible.

NFASP Environmental and Social Management Framework (ESMF)

Proposed Mitigation Measures Type of Subprojects Potential Impacts

- Develop procedures for the safe collection, storage, transport, and disposal of project hazardous waste. - Follow Guideline from the City Development Committee and National Environmental Quality Emission Guidelines of MONREC, laboratory waste disposal safely to protect ground water and soil contamination from laboratory waste. - Have a diluted wash wastewater disposal ground tank with internal water proofing layer to protect leakage. - Follow Dangerous Chemical Goods Classification Guideline for Chemical Storage. - Setting up a systematic waste management and chain of custody system considering waste reduction at source, recycling, temporary storage, transport, and final disposal. - For canal rehabilitation works, the project will have proper sludge handling and management procedures under ECoPs to manage the excavated sludge materials and to prevent harmful exposure to workers and surrounding communities. Soil - Store fuels, oils, and chemicals safely in areas on an impermeable surface with proper containment berms. Contamination - Schedule construction activities during the dry season as much as possible. - Cover all restored areas with topsoil and re-vegetate (plant grass, fast-growing plants/trees) construction areas quickly once work is completed.

Impacts on Flora - No cutting of trees or destruction of vegetation will be allowed other than on the construction site. and Fauna - No hunting, fishing or collection of animal and plant materials will be permitted. - Choose siting of construction works to avoid the cutting and clearing of mature shady vegetation. - Inspection to ensure replanting and restoration work completed.

Social Impacts

Land - Avoid land acquisition by doing construction on government owned land. Resettlement - The ESMF has an annexed Resettlement Policy Framework (RPF) and Community Participation Planning Framework (CPPF). These safeguard instruments have been updated to reflect the risk of land acquisition and direct impacts to Ethnic Groups (see Annex 6 and 7). - Activity screening during implementation preparation will determine if an (A)RAP or CPP is required.

Labor Influx - Recruit a portion of the workers required for the project locally. Bid and contract documents will encourage contractors to hire local workers.

NFASP Environmental and Social Management Framework (ESMF)

Proposed Mitigation Measures Type of Subprojects Potential Impacts

- Train local workers within a reasonable time frame to meet project requirements. Costs for training will be borne by contractors. - Manage workers accommodation (commute or reside on site) effectively depending on project’s need. - Avoid and when avoidance is not possible, minimize and manage labor influx. - Prepare Code of Conduct (CoC), inform and train workers in the CoC and ensure it is signed by all workers. (see Annex 13). - Implement Gender-Based Violence (GBV) training. - Ensure equal pay for equal work for women. - Hiring of children is not permitted.

Squatters - All PAP and PAH, without regard to legal status of property, will receive support of various kinds, as per the principles set out in the Entitlement Matrix, to assist them in their efforts to maintain their livelihoods and well-being prevailing prior to the sub-project. Squatters will not be compensated for loss of land but will receive compensation for loss of other assets identified prior to the cut-off date, and for loss of income, such that they are assisted in their efforts to maintain their livelihoods and well-being. - - Detailed measures will be defined in the ARAP/RAP, based on an assessment of the sub-project’s impact and a census and socioeconomic baseline survey of the population affected conducted when the ARAP/RAP is developed; Gender Based - Explicitly state zero tolerance for sexual harassment, exploitation, and abuse within the workplace. Violence (GBV) - Require CoC to be signed by all construction workers. - For victims coming forward: referral to qualified GBV service provider. The GRM will include a confidential channel for reporting GBV.

Conflict - The recruitment criteria of the project should be transparent and fair to local communities. - Ensure implementation of a grievance response mechanism and process for resolution of complaints. - Provide information regarding the Worker Code of Conduct in local language(s).

NFASP Environmental and Social Management Framework (ESMF)

Proposed Mitigation Measures Type of Subprojects Potential Impacts

Health and Safety Impacts

Occupational - Display safety warning signs in all workplaces where safety hazards are present. Health and Safety - Provide all necessary protective equipment for workers exposed to hazardous and danger activities. - Maintain first aid kits on site for construction workers. - Provide clean potable water on site. - Deliver training on ECoPs to all construction workers. - Provide occupational health and regular safety training and toolbox briefings. - Make sure all construction workers are aware of the GRM and that they can access it.

Community - Fence off all work sites adjacent to communities to avoid unauthorized access to the project sites and to Health and Safety prevent potential injuries. - Display warning signs including at unsafe locations. - If school children are in the vicinity, include traffic safety personnel to direct traffic during school hours. - Control driving speeds of project vehicles particularly when passing through communities or nearby schools, health centers or other sensitive areas. - Make sure the community is aware of the GRM and that they can access it.

Irrigation Schemes Dam Safety - No dam safety issues are expected for Stage 1 rehabilitation works. - For Stage 2 rehabilitation works, (i) the project will adopt recommendations from all relevant dam safety (For a description of Stage 1, 2 reports/plans under ADSP (ii) for all dams relevant for the project implementation, existence and and 3 schemes – see Annex 8) effectiveness of emergency preparedness and response plans will be reviewed before commencement of the works, and (iii) apply the ESMF to assess potential impacts and risks from this additional activity. For Stage 3 rehabilitation works, (i) Dam safety assessment will be performed in line with OP 4.37. In this case, MOALI is to arrange for an independent dam specialist to: inspect/evaluate safety status and its performance history, review/evaluate the operations and maintenance (O&M) procedures, and provide a written report of findings and recommendations for any remedial or safety-related measures; (ii) Based on the results from this assessment, the project will develop safeguards instruments: (a) for those dams with low and medium risks: ESMP/IEE will be prepared, or (b) high risk projects will not be financed by NFASP. The project will also develop the Emergency Preparedness and Response Plan for each connecting dam and scheme; (iii) MOALI will adopt recommendations from all relevant dam safety reports/plans.

NFASP Environmental and Social Management Framework (ESMF)

Proposed Mitigation Measures Type of Subprojects Potential Impacts

2. Maintenance and Environmental Impacts operation Impact on Water - Collect all wastewater generated from laboratories to ensure proper disposal to an approved facility. Quality - Wastewater generated from laboratory analysis shall be disposed either after passing preliminary wastewater treatment process or to authorized waste handler. - Have a diluted wash wastewater disposal ground tank with internal water proofing layer to protect leakage. - For wastewater from other project facilities such as value chain facilities, ensure proper required wastewater treatment systems are implemented. - Monitor the final discharged water of project facilities such as laboratories, and value chain facilities, regularly in accordance with the National Environmental Emission Quality Guideline (2015) and best industrial practice.

Impact from - All hazardous materials including wastes should be stored and transported to prevent spills and Hazardous uncontrolled disposal to the environment. Materials - Provide good ventilation in all workspaces where noxious materials are stored and handled. - Follow Dangerous Chemical Goods Classification Guideline for Chemical Storage.

Impact from - Segregate waste (e.g. hazardous and non-hazardous), collect, store and transport waste to the designated Hazardous and waste disposal facilities. Non-hazardous - Have separate waste bins for segregated wastes. Waste - Hazardous wastes shall be disposed to authorized waste handlers in accordance with waste classification. - Never dispose hazardous wastes on the ground and in water courses as it can contaminate soil and groundwater (including the drinking water aquifer). - Adopt strategies for managing accidental spills as part of Standard Operating Procedures (SOPs) of laboratories.

NFASP Environmental and Social Management Framework (ESMF)

Proposed Mitigation Measures Type of Subprojects Potential Impacts

Health and Safety Impacts

Occupational - Ensure installation of required safety facilities (e.g. chemical fume hood, emergency eyewash stations, Health and Safety safety shower, etc.) as necessary recommended by Manufacturer Safety Data Sheet (MSDS) of all chemicals used in the laboratory. - Equip fire alarm system and firefighting equipment and facilities where necessary. - Use appropriate PPE (such as safety googles, respirator, safety boots and shoes, chemical-resistant gloves and apron, Hazmat suit, face masks as necessary and make first aid kits available at laboratory. - Conduct awareness trainings including PPE usage for the safety of laboratory staff. - Make sure all staff are aware of GRM and that they can access it.

Community - Implement short Community Engagement Plan (CEP) for the consultation with the regional public health Health and Safety station and nearby community to undertake high risk laboratory projects. - Make sure that local community is aware of the GRM and that they can access it.

3. Agriculture and livestock Environmental - Avoid introduction of invasive species. and Health and - Avoid resettlement and when not avoidance, minimize and manage and mitigate. Safety Impacts - Avoid obstructing or deviating the flow of natural water (e.g. fence off water bodies from gazing animals). - Prepare an integrated pest and disease management plan. - Apply appropriate farming techniques, systems, and methods. - Apply Good Agricultural Practices wherever possible. - Avoid permanent seed production zone in one certain place. - Do crop rotation system with other cereal crops. - Use mulch, grasses, or compacted soil to stabilize exposed areas. - Regularly collect and store manure for composting to limit spread of pathogens. - Animal breeds or strains chosen should be adapted to the local climate, diseases, parasites, and nutrition. - Animals should be periodically checked for the presence of parasites, and any corrective treatment deemed necessary to prevent distress and suffering should be administered as soon as possible. - Any sick or injured animals should be treated or cared for to alleviate pain and distress as soon as practically possible, including being isolated or humanely destroyed if necessary.

NFASP Environmental and Social Management Framework (ESMF)

Proposed Mitigation Measures Type of Subprojects Potential Impacts

- Animals should be confirmed dead before disposal, and any if still alive should be euthanized immediately. Dead animals should be removed promptly and buried in an approved location. - Identify and contain sick animals and develop containment and culling procedures for adequate removal and disposal of dead animals. - Regularly clean the operational area (e.g. livestock sheds and feeding pens at breeding farms). - Regularly collect and store animal feces to reduce noxious odor (which can be later use as manure). - Ensure proper storage and disposal of all spent/expired vaccines and needles. - Where agrochemicals such as artificial fertilizers and pesticides use is needed: - In order to prevent, reduce, or control the potential contamination of soils, wildlife, groundwater, or surface water resources caused by accidental spills during the transfer, mixing, storage, and application of agrochemicals and pesticides, they should be stored, handled, and applied in a manner consistent with the recommendations for hazardous materials management presented in the WBG General EHS Guidelines and Good International Industry Practice (GIIP). - Prepare a pesticide management plan (PMP) that includes procedures for the selection, procurement, storage, handling, and ultimate destruction of all out-of-date pesticide stocks that should be prepared in accordance with FAO guidelines and consistent with country regulations. - Personnel must have appropriate training including certification, where relevant to handle and apply pesticides safely. - Ensure that any pesticides to be used are manufactured, formulated, packaged, labelled, handled, stored, disposed of, and applied according to the FAO International Code of Conduct on Pesticide Management. - Use selective pesticides with low environmental impact quotient (EIQ) where appropriate, rather than broad-spectrum products, to minimize impacts on non-target species. - Avoid using banned or prohibited pesticides and agrochemicals and encourage using bio-control agent instead.

4. Procurement of equipment, Environmental, The following shall not be allowed for procurement: chemicals and others. Social and Health - Prohibited Chemicals described in Annex 12. and Safety - Banned/restricted pesticides; insecticides; herbicides for agricultural /livelihood enhancement activities Impacts included in Annex 4, Pest Management Plan (PMP).

NFASP Environmental and Social Management Framework (ESMF)

Proposed Mitigation Measures Type of Subprojects Potential Impacts

- Drugs other than vaccines for animals, military equipment or other potentially dangerous materials and equipment, including chain saws, asbestos (including asbestos-containing materials), or otherwise.

5. Services including Risk of exclusion - Ensure the participation of Vulnerable Population Groups (VPGs) consisting of smallholder farmers of ethnic agriculture input support of Vulnerable minorities, smallholder farmers in the remote and geographically disadvantaged areas and conflict-affected through vouchers Population areas, landless agricultural laborers, women, and returning migrants in the provision of services and Groups (VPGs) benefiting from activities through development of appropriate information materials and implementation of appropriate ways to disseminate such information. - Target different social groups in the society. Explicitly state zero tolerance for sexual harassment, GBV exploitation and abuse during training. - The project will have a rigorous targeting mechanism and beneficiary criteria to capture farmers who are vulnerable to the COVID-19 crisis. It will ensure the participation of Vulnerable Population Groups (VPGs) consisting of smallholder farmers of ethnic minorities, smallholder farmers in the remote and geographically disadvantaged areas and conflict-affected areas, women, and returning migrants in the financial support program through voucher mechanism for them to access to agricultural inputs and other activities based on the following ways: - Information of female headed households and women farmers is accessible by the village tract level extension workers of the Department of Agriculture (DOA) through village tract administrators/village tract clerks or Department of Agriculture Land Management and Statistics (DALMS). - Information of ethnic minorities is accessible for the village tract level extension workers of the DOA through village tract clerks appointed by General Administration Department (GAD) and elected village tract administrators. - The DoALMS has records of farmers with their land ownership and such information are accessible by the Township level extension workers of the DoA. Village tract clerks appointed by GAD and village tract administrators can also assist to identify the smallholder farmers holding less than 5 acres of land and landless agricultural laborers. - Information of retuning migrants is accessible by the staff of the Cooperative Department through village tract administrators/village tract clerks of the GAD.

NFASP Environmental and Social Management Framework (ESMF)

Proposed Mitigation Measures Type of Subprojects Potential Impacts

- Visits of extension workers (who will be trained on conflict sensitivity) will be arranged for reaching smallholder farmers in the conflict affected aeras, but only with the consent of EAOs secured through their liaison offices or via existing informal coordination mechanisms. - The contents of agricultural inputs package to be supported will be designed to be culturally sensitive with VPGs. - The project will design inputs delivery mechanism, which allows targeted beneficiaries including smallholder farmers in the remote and geographically disadvantaged areas to physically access to the supported inputs.

NFASP Environmental and Social Management Framework (ESMF)

5.3. Potential Impacts of COVID-19 During Project Implementation

115. If COVID-19 is still a pandemic at the time of implementation of the NFASP, special considerations for project implementation will be required. Project activities will need to follow the national COVID-19 guidelines and regulations in effect at that time and take these into careful consideration when implementing project activities. This could affect how stakeholder engagement is done, as outlined in Chapter 9, and could require additional measures to safely implement construction works for the renovation of laboratories and other project activities, and also affect activities which normally do not require PPE, such as distributing seeds or other agricultural inputs. When distributing materials, careful consideration needs to be provided on how people will line up with sufficient social distance between them and how they and the distributors of materials can be protected from each other.

116. Special provisions will also be required for safe disposal of all COVID-19 related waste (e.g. masks, gloves etc.). Where capacity building of project’s beneficiaries is required, a similar virtual training approach will be adapted.

117. Environmental and Social Management Plans prepared for activities scheduled to be implemented during a continued COVID-19 outbreak will include a section on COVID- 19 and additional measures required to meet the national COVID-19 guidelines, World Bank guidelines such as ESF/safeguards interim note on COVID-19 considerations in construction/civil works projects and relevant regulations in affect should be consulted. These measures may include items such as a COVID-19 standardized operating practice (SOP) and inclusion of preventative COVID-19 provisions in contracts.

NFASP Environmental and Social Management Framework (ESMF)

6. Framework for Environmental and Social Management

6.1. Objectives and Methodology ESMF

6.1.1. Objectives

118. The NFASP consists of series of activities whereby the exact scope and design work remains to be determined. This revised environmental and social management framework (ESMF) has been prepared to ensure that project activities to be financed will not create adverse impacts on the local environment and local communities and the residual and/or unavoidable impacts will be adequately mitigated in line with the WB’s safeguard policy. The ESMF will guide the implementing agencies under MOALI to adequately screen and address environmental and social impacts of the proposed activities thereby determining the appropriate environmental and social mitigation and management measures required.

119. Specifically, the objectives of this ESMF are to:

• Asssess the potential environmental and social impacts of the proposed project, whether positive or negative and propose mitigation measures for negative impacts which will effectively address and manage these impacts. • Provide safeguard guidance for the assessment of new COVID-19 activities. • Establish clear procedures for the environmental and socialscreening, planning, review, approval and implementation of sub-projects to be financed under the project. • Specify appropriate roles and responsibilities, and outline the necessary reporting procedures, for managing and monitoring environmental and social concerns related to sub-projects. • Consider different alternatives, options, and relevant mitigation measures during project preparation and implementation. • Determine the training, capacity building and technical assistance needed to successfully implement the provisions of the ESMF.29 • Address mechanisms for public consultation and disclosure of project documents as well as redress of possible grievances. • Establish the project funding required implementing the ESMF requirements. • Establish measures for monitoring and supervision and ensuring compliance with Project safeguards.

29 The NFASP legal agreement provides that “all consultancies related to technical assistance, design and capacity building under the Project, the application of whose results could have environmental, social and health and safety implications, shall only be undertaken pursuant to terms of reference reviewed and found satisfactory by the Association; and (b) such terms of reference shall require the technical assistance, design and capacity building activities to take into account the requirements of the applicable Safeguards Policies and EHS Guidelines.”

100

NFASP Environmental and Social Management Framework (ESMF)

6.1.2. Methodology

120. The development of the original NFASP ESMF of May 2020 was comprised of the following four steps: (i) Documentation review (ii) Field visits (iii) Consultations with stakeholders (iv) Preparation of ESMF. Documentation review including the relevant national legislation and World Bank Safeguard Policies, relevant NFASP project documents. Field visits were conducted mainly to laboratories to understand the status of existing laboratories which are proposed to be upgraded and established similarly under the NFASP. A series of consultations with stakeholders, such as sub- station officials, were performed during preparation of the ESMF. Preparation of the ESMF included the following stages: (i) Collation of baseline data on the environmental and social conditions at the country level since the proposed activities will be implemented all over the country. (ii) Identification of positive and negative environmental and social impacts of the works under activities (iii) Identification of environmental and social mitigation measures. (iv) Preparation of screening procedures for activities (v) Formulation of environmental and social safeguard instruments (vi) Preparation of a capacity building program and budget for ESMF implementation.

121. This revised ESMF contains the same provisions as does the original May 2020 ESMF outlined above, but includes additional measures for the screening, assessment, and management of environmental and social risks of additional COVID-19 response activities, which add another US $115 million to the original project. The entire document has been revised and updated where necessary to account for these new activities, particularly those not considered in the original ESMF. No additional field work was completed as part of ESMF revision, but additional public consultation was undertaken as part of re-disclosure in September 2020 (see Annex 14).

6.2. Eligible Activities and Initial Site Sensitivity Screening

122. Project activities will be performed at various locations in all States and Regions across Myanmar. As part of the environmental due diligence process, a two-stage screening process will be conducted. Eligible activities are identified based on the criteria: site sensitivity, and risk of the activities, in terms of environmental and social management. The eligibility of each activity is identified based on the site sensitivity results of screening and by World Bank Category A and B (see below in Table 14).

123. Following this, project activities will be screened according to procedures outlined in Annex 1 of this revised ESMP to determine the type of safeguard activities to be prepared by the project.

124. NFASP Subprojects are all expected to be within the provision of Category B as the activities and investments are not likely to cause significant or irreversible impacts. Each activity category will be decided based on the scale of proposed activity, its components, and the sensitivity of the site. The project will undertake due diligence

101

NFASP Environmental and Social Management Framework (ESMF)

of legacy issues related to uncompensated land acquisition that the project’s activities may have direct or indirect links to. If legacy issues are identified, the activity will not be financed.

125. The project will not finance Category “A” investments. The activities which fall into the Category B projects after screening of site sensitivity are all eligible under NFASP. The project will not finance activities for irrigation schemes that depend on dams that have a high risk, or significant and complex safety issues that will require significant and complex improvements and present significant risks to the environment and communities that would require reclassification of the project as a category A project.

Table 14: Site Sensitivity and Safeguard Policies

Safeguard Policy or SITE SENSITIVITY Site Characteristic Category B Category A Low Sensitivity Medium Sensitivity High Sensitivity Natural Habitats No natural habitats No critical natural Critical natural (OP 4.04) present of any kind habitats: other natural habitats present habitats may occur Indigenous Peoples No Ethnic Peoples Presence of dispersed Presence of Ethnic (OP 4.10) present and mixed Peoples territories (Ethnic Peoples in Ethnic Peoples (highly and reserves; Myanmar) acculturated) Ethnic vulnerable Ethnic Peoples Peoples populations

Physical Cultural No known or suspected Suspected cultural Presence of known Resources (OP 4.11) cultural heritage sites heritage sites; known heritage sites in heritage sites in border project area area of influence

Resettlement No new sites are Project site has tenant Project site will (OP 4.12) required renters. Yet to be entail acquired resettlement of Project site is already PAPs acquired and is free of squatters: legal tenure is Activity directly or well- defined indirectly linked to land which has land legacy issues.

Dam Safety Irrigation schemes that Irrigation schemes that Irrigation schemes (OP 4.37) do not rely on upstream rely on upstream dams rely on upstream dams for irrigation for irrigation water dams for irrigation water supply or would supply and/or could be water supply not be extensively extensively affected by and/or could be affected by failure of failure of upstream extensively upstream dams, hence dams; hence dam safety affected by failure no dam safety assessment needs to be of upstream dams; assessment required. performed by one or hence dam safety

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Safeguard Policy or SITE SENSITIVITY Site Characteristic Category B Category A Low Sensitivity Medium Sensitivity High Sensitivity more independent dam assessment needs specialists. to be performed by one or more The independent dam independent dam safety assessment specialists. The confirms that there are independent dam no serious dam safety safety assessment issues which warrant confirms that there significant and complex are serious dam remedial measures to safety issues which the extent that they warrant significant could present significant and complex risks to the environment remedial measures and population. to the extent that they could present significant risks to the environment and population , and these schemes will not be eligible under the project .

Projects on No impacts to the No impacts to the Potential pollution International quantity or quality of quantity or quality of risk of any Waterways (OP 7.50) water available to other water available to other international riparian countries nor riparian countries nor waters. Screening project activities project activities to exclude high risk affected by changes in affected by changes in laboratories. the water use of other the water use of other riparian countries riparian countries

126. Additional discussion of risk and sensitivity in relation to the above reference to O.P. 4.37 is presented in Annex 8.

127. The eligibility of activities related to laboratory infrastructure are based on both risk level and management of risk. The activities related to laboratories under low risk, after screening of the level of risk by Annex 9, are eligible under NFASP. For those activities identified as having high risk, these will be rolled out to a later stage of project implementation. The PMU will use the first one or two years of project implementation to execute appropriate measures in reducing the associated risks prior to being eligible to be funded through NFASP. As per available information at this point based on desktop review, seven laboratories out of twelve laboratories under the NFASP are pre-identified to be under “High Risk” from the environmental safeguard perspectives. The details of proposed laboratories to be implemented under NFASP are shown in Annex 10.

128. The ESMF provides a list of such measures which may include, among others, (i) developing standardized guidelines and standards on hazardous solid and liquid

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waste material management; (ii) health and safety management system for all laboratory facilities under NFASP; and (iii) ensuring that the developed guidelines and standards are implemented properly. Only after complying with such conditions, these laboratory facilities will be eligible for funding under NFASP.

129. The procurement of goods or materials listed in Table 15 are ineligible under NFASP.

Table 15: Ineligible Procurement List

Ineligible Procurement

1 That involves the purchase or use of drugs, other than vaccines for animals, military equipment or other potentially dangerous materials and equipment, including chain saws, asbestos (including asbestos-containing materials). 2 That purchase or use of banned pesticides; insecticides; herbicides for agricultural/livelihood enhancement. 3 That purchase of prohibited chemicals in Myanmar described in Annex 12.

6.3. Safeguards Procedures

130. Table 16 shows the safeguard approach anticipated for each type of subproject activity. Except for procurement and service, other activities will be subject to a site- specific safeguard screening as an initial safeguard approach. For type of activity related to procurement, it has been screened out and mitigated by developing negative list for procurement based on guidelines of WB/IFC and regulations of Myanmar. A flow chart of the ESMF Process is presented in Figure 15.

Table 16: Categorization of Type of Subproject and Safeguard Approach

Safeguard Type of Subprojects Potential Safeguard Tools Approach Site-specific ECoP/CESMP/PCRMP/ARAP Construction New safeguard /CPP, etc. screening ECoP/CESMP/PCRMP/ARA P/CPP, etc. Upgrading, renovation, Site-specific rehabilitation and maintenance safeguard Dam Safety Assessment screening for Stage 2 and Stage 3 as required (see Annex 8)

Maintenance and Site-specific Operation of Production and Storage Facilities safeguard ECoP/ESMP/CPP, etc. Facilities screening

Agriculture Site-specific Agriculture/ ECoP/ESMP/PMP/ safeguard Livestock Livestock RAP/CPP, etc. screening

Refer to WB/IFC Negative List for Procurement Equipment/ Machinery Guidelines and Procurement Activities

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Safeguard Type of Subprojects Potential Safeguard Tools Approach /Myanmar Chemicals/Others Regulations Services including agriculture input Various Not Applicable ECoP/CPP support through vouchers

6.3.1. Step 1: Safeguards Screening

131. Activities and/or investments of each activity will be implemented at different locations. Hence, a two-phase site-specific safeguards screening will be applied accordingly. Firstly, ineligible will be screened out (see Section 6.2) and then activities will be screened to determine what safeguards instruments are to be prepared using the screening form in Annex 1.

6.3.2. Step 2: Environmental and Social Safeguards Tools/Instruments

132. In general, the specific environmental and social safeguards tools to ensure compliance with Myanmar laws and standards (as applicable) and the Bank requirements will be developed. The basic safeguards tool for all activities under NFASP will be the ECoPs (Annex 2). As a result of site-specific screening, the specific safeguards instruments such as ESMP, pest management plan (PMP), physical cultural resource management plan (PCRMP), resettlement action plan (RAP), Community Participation Plan (CPP) and others will be required.

133. Table 17 indicates the potential tools (or) safeguard measures for each type of activity. Basically, the type of activities related to construction will comply with ECoPs and additionally, a contractor environmental and social management plan, resettlement action plan, CPPs, PCRMPs, waste management plans, plan, etc. will be developed, as required.

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Figure 15: ESMF Process Flow

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Table 17: List of Potential Safeguard Instruments

Instrument Description

Environmental Codes of The main environmental and social safeguards instruments to be used Practice (ECoPs) for activity implementation and monitoring are the ECoPs. These are basic technical guidelines that inform ES implementers and contractors about practical mitigation actions and measures to be used during activity implementation to avoid, minimize, and mitigate negative environmental and social impacts using the mitigation hierarchy. General ECoPs applicable to construction and renovation activities of activities are presented in Annex 2a. In addition, the contractors will develop, implement, and maintain construction site- specific ESMPs in line with the ESMF and GIIP including WBG EHS Guidelines. ECoPs that are specific to different types of activity activities (farming, livestock, laboratory related activities, services, irrigation scheme rehabilitation and maintenance) are presented in Annex 2b.

Environmental and Social The ESMP is an instrument to assess potential impacts that are site Management Plan (ESMP) specific, few if any of them are irreversible, and in most cases mitigation measures are readily available. The site specific ESMP will include sub plans such as a waste management plan, OHS management plan, construction site management plan, transport management plan, environmental monitoring plan, etc. The project will prepare a site specific ESMP (as per the guideline described in Annex 3) for those activities identified during screening process (Annex 1), and / or those activities with potential impacts that are more substantial and significant beyond what is included in the ECoPs. Specific Construction Environmental and Social Management Plans (CESMP) may require preparation.

Guidelines for the Pest This guideline aims to provide basic knowledge of pest management Management Plan (PMP) plan with adequate consideration for effectively addressing the safeguard issues in line with OP 4.09. This guideline shall be applied by the activity which likely to promote the use of pesticides. Not only this guideline but also the specific pest management plan for certain crops which has been developed under each implementing division shall be followed. In addition, the PMU will decide whether to prepare a comprehensive PMP applicable for all the identified crops and livestock activities or standalone PMP for each crop, as per necessary. If required, such PMPs should be prepared during 1st year of project implementation. In the preparation of PMPs, additional guidance is provided in Annex 4.

Physical Cultural Resources If activity screening finds that activity is located inside or adjacent to Management Plan (PCRMP) protected cultural heritage zones or area of PCR significance, a simple, site-specific PCRMP will be prepared with the assistance of ES Focal Person from Technical Departments. The PCRMP will include measures for avoiding or mitigating any adverse impacts on PCR, provisions for the management of chance finds and monitoring indicators and considers the country’s overall policy framework and regulations regarding the PCR. The Department of Archaeology and National Museum (DANM) at relevant State and Region will be

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Instrument Description

contacted to review and provide recommendations on the PCRMP before construction commences. In any activities the Chance Find Procedures described in Annex-5b shall be followed when culturally valuable materials are uncovered during excavation.

Community Participation The CPPF will apply only for those activities which there is presence of Planning Framework (CPPF) Ethnic Peoples near the project funded activities. Meaningful consultations and application of FPIC will apply in all the cases where there are Ethnic Peoples near the activities. Based on the results of screening and application of the CPPF (Annex 6), a Community Participation Plan (CPP) shall be prepared in line with World Bank OP 4.10 para 12 and Annex B, including a brief Social Assessment. The Plan should be prepared when Ethnic Peoples are present in the project area not only when there a negative impact, but to also to ensure benefits and mitigation measures are culturally appropriate.

Resettlement Policy Framework The RPF has been prepared as part of the ESMF for the Project to (RPF) ensure that any acquisition of land and the loss of income or private assets due to the implementation of activities funded by the Project would be addressed in line with the World Bank’s policy on involuntary resettlement, OP 4.12. Although the present projects are not expected to involve any involuntary resettlement or impacts to livelihoods, the RPF has been developed to secure that in case of impact on settlements, negative impacts are avoided, minimized, and properly managed. Guidance for RPF preparation is presented in Annex 7. Based on the screening, a RAP or ARAP may require preparation in line with OP 4.12.

Dam Safety Assessment NFASP will not finance the construction of new dams for irrigation purposes. OP 4,37 states that a dam safety assessment may be required (see Annex 8). For existing large dams that are 15 meters or more in height, or are between 10 and 15 meters and present special design complexities (e.g., an unusually large flood-handling requirement, location in a zone of high seismicity, or foundations that are complex and difficult to prepare), the World Bank requires the following: - Reviews by an independent panel of experts throughout investigation design, and construction of the demand the start of operations - Preparation and implementation of detailed plans: a plan for construction supervision and quality assurance, a plan for instrumentation, an operation and maintenance plan, and an emergency preparedness plan - Prequalification of bidders during procurement and bid tendering periodic safety inspections of the dam after completion.

Emergency Response and Based on the results of screening, an Emergency Response and Preparedness Plan Preparedness Plan may be required. The emergency response management plan defines the operating procedures and specifications to protect the physical health and safety of people (residents, workers, and visitors) and their socioeconomic regime, the physical environment and its ecological habitats, and the integrity of

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Instrument Description

the irrigation dam and canal structure and associated project components to ensure sustainable, safe and optimal performance.

6.3.3. Step 3: ESMF Implementation

134. The implementation of the ESMF is initiated by conducting a site-specific screening of activities by E&S focal safeguard staff from the various Technical Departments (i.e. Sub-project Implementation Unit) with the support of ES implementers (see Annex 1). The screened forms are then reviewed and approved by the PMU with the support of PMU safeguards consultant team. Simultaneously, the activity is identified whether it is eligible to be financed or not. Once, it was eligible and project is approved, respective ES instruments such as ECOPs/ESMP/RAP/CPP, as necessary, are implemented and followed up by the regular monitoring and compliance supervision.

135. The monitoring results and any other corrective actions or necessary chance find issues are reported accordingly. The summarized flow chart of the implementation of the revised ESMF is shown in Figure 16 below.

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1 Identifying eligibility of activity

2 Conduct site specific screening of acitvity Screening Process

3 Application of ES tools

1 Implementing ECoPs/ESMPs/CPP/RAP as necessary Implementation and Monitoring 2 Conduct overall monitoring of ESMF implementation

1 Reporting regularly from ES implementers and Technical Departments Reporting

2 Semi – Annually Report to World Bank

Figure 16: ESMF Implementation Flow Chart

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7. Implementation, Supervision, Monitoring and Reporting of the ESMF

7.1. Implementation

7.1.1. Institutional Arrangements

136. The project (NFASP) will be implemented over a five-year period. The Ministry of Agriculture, Livestock and Irrigation (MOALI) will have the overall responsibility for Project execution. MOALI will delegate responsibility for day-to-day implementation and coordination at the national level to the Project Management Unit (PMU).

137. The PMU is formulated with the representatives from DOA, DAR, IWUMD, Coops and LBVD. The PMU will operate the project together with project working committee (PWC) which comprises the representatives from divisions under DOA, DAR, IWUMD Coops and LBVD. The PMU will report to the supervising Ministry (MOALI) through Project National Steering Committee.

138. In total, seven ES Focal Persons will participate in the PMU including one environmental officer and one social officer representing DOA, one environmental and social officer representing DAR, one environmental and social officer representing LBVD, one environmental and social officer representing the Coops and two environmental and social officers representing IWUMD.

139. The PMU Safeguards Consultant Team consists of six consultants (two international consultants for environmental and social, and four national consultants for environmental and social). The TORs for each consultant are described in Annex 14. The consultant team supports the ES Focal Person of the PMU for overall implementation, supervision, monitoring and reporting of the ESMF implementation.

140. Each Technical Department, who is responsible for each activity, will have an ES focal person.

141. At an activity level, the Farm Managers, Head of Laboratory, Service Providers, ES Focal Person of Contractors are known as ES implementers. A number of ES implementers will be involved in the Project since several activity activities will be performed at various locations over the country.

142. The various government agencies involved in ESMD implementation are described in Figure 17.

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PMU - 1 E officer (DOA) - 1 S Officer (DOA) - 1 ES officer (DAR) - 1 ES officer (LBVD) - 1 ES Officer (COOP) - 2 ES Officer IWUMD

PMU ES Consultant Team - 1 International Env Specialist (part-t) - 1 International Soc Specialist (part-t) - 1National Env Specialist (full-t) - 1National Env Specialist (part-t) - 1 National Social Specialist (part-t) - 1National Social Specialist (full-t)

Technical Departments Focal person for each division under DOA, DAR, IWUMD, Coop and LBVD

ES Implementers (activities) ES Implementers (e.g. Farm manager, Head of Laboratory, Service Providers, etc.) / ES Focal of Contractors

Figure 17: ESMF Implementation Agencies

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7.1.2. Role and Responsibilities

143. The role and responsibilities of each position in each agency are presented in Table 18 below.

Table 18: Role and Responsibilities

Agency E S Focal Person Role Responsibilities PMU DOA Supervision, - To verify, review, and approve the screened Monitoring, and forms. Implementation - To review and approve ES Instruments (e.g., ECOPs, ESMP, PMP, ARAP, CPP, etc.). - To conduct overall monitoring of the ESMF implementation. - To supervise Technical Departments and ES implementers (contractors). - To prepare semi-annual progress report on the implementation of ESMF and submit to World Bank. - To make awareness raising to implementers (contractors, farm manager, lab head, etc.) and stakeholders.

PMU PMU Safeguards Role Responsibilities Safeguards Consultants Consultants International Supervision and - To identify the eligibility of activity activities. Team Environmental and Monitoring - To review and verify the screened forms. Social Consultants - Training and capacity building. National Env. - To review and approve ES Instruments (e.g., Specialists ESMP, PMP, ARAP, CPP, etc.). National Soc. - To conduct overall monitoring of the ESMF Specialists implementation with PMU. - To supervise Technical Departments and Contractors. - To assist PMU for the preparation of semi- annual progress report. - To prepare technical notes and give technical training to ES Focal Person of PMU and Technical Departments.

Technical ES Focal Person for Monitoring and - Conduct site specific screening of activity Departments each activity Implementation activities using the Screening Safeguard Form. (DOA, DAR, LBVD, of ESMF - To prepare ES Instruments (e.g., ESMP, PMP, Coop, IWUMD) ARAP, CPP etc.). - Conduct dam safety assessment and prepare all relevant dam safety plans including operation & maintenance plan and emergency preparedness plan as required. Implement the ESMF Guidance as per necessary. - Implement ECoPs/ESMP/ARAP/CPP for non- contracted activities.

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Agency E S Focal Person Role Responsibilities - Conduct overall monitoring of the implementation of ES Instruments. - Raise awareness of implementers (contractors, farm manager, lab head, etc.) and stakeholders. - Regular reporting to PMU.

ES ES Implementers Implementation - Coordinate and provide required information Implementers (e.g. Farm of ESMF to Technical Departments in the screening manager, Head of process. Laboratory, Service - Implement the ESMF Guidance (ECOPs, ESMP, Providers, etc.) / ES PMP, ARAP, CPP, etc.) as per necessary. Focal Person of - Regular reporting to Technical Departments. Contractors

** WB will randomly review and check the approved screened forms and ESMP.

7.2. Monitoring and Reporting

144. Details of the Project Monitoring and Reporting System are presented in the Project Implementation Manual (PIM). The PMU will monitor progress against the agreed project outcome indicators in the PIM Results Framework (RF). The project M&E system will focus on tracking and assessing project implementation progress, output, outcomes and impacts across all three project components in accordance with the RF. The RF has several indicators that are disaggregated by gender and by VPGs. The project will ensure to monitor data on participation of ethnic minorities (in and off conflicted affected areas) and specifically targeting smallholder farmers (owning less than 5 acres), including small-scale cattle keepers, with a strong focus on Vulnerable Population Groups (VPGs), women, and returnees from out-migration, who are more likely to be excluded from agriculture related interventions.

145. The PMU will be responsible for implementing and monitoring the environmental and social safeguard instruments (ESMF, ESMPs, RPF, and CPPF) through their dedicated environmental and social specialists (consultants) during project implementation. The PMU, staffed with social and environment safeguard specialists (consultants), will be responsible for (a) ensuring that activities implemented by each department are in compliance with safeguards requirements and (b) reporting on environmental and social aspects. Each of the three technical departments (DOA, DAR, Coop, IWUMD and LBVD) will assign environmental and social focal points for their internal coordination on safeguards. The performance and compliance with environmental and social safeguard instruments will also be subject to regular supervision from the World Bank task team. MOALI PMU staff, contractors, supervision consultants, and local community representatives will receive training on the safeguard instruments to be applied to the project.

146. For implementation of the ESMF, the PMU, with the support of the PMU safeguards consultant team, will be immediately responsible for implementation, supervision,

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and monitoring at the NFASP project level. The MOALI Technical Departments, with the assistance of E&S implementers are responsible at the activity level for E&S management. During NFASP implementation, each level of environmental and social performance of the respective implementing agencies (PMU, Technical Departments, E&S implementers) will be regularly monitored and reported upon.

147. The PMU will prepare (i) Semi-annual progress report and (ii) annual progress reports. Progress reports will detail E&S safeguard compliance including updates on project implementation progress and up-to-date data on key performance indicators, relating to monitoring of E&S conformance and safeguard implementation.

148. The PMU shall synthesize the individual reports from departments and township offices into the Project Semi-annual report, which will be prepared and submitted at the mid-term of the Government FY (by April-May), and annual report, which will be prepared within 60 days after the close of the fiscal year and submitted to the National Project Steering Committee (NPSC), the World Bank and all relevant stakeholders. The annual reports will also be circulated to sectoral ministries (MOPFI, MIFER, etc.) and to concerned development partners.

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8. Capacity Building and Budget for ESMF Implementation

8.1. Capacity Building

149. Successful implementation of the activity will depend among others on the effective implementation of the environmental and social management measures outlined in the ESMF. The implementing stakeholders will require training on the environmental and social safeguard instruments but at varying intensities because each level of stakeholders and type will have a different role in implementation of the ESMF.

150. Training and capacity building will be necessary for the key stakeholders who will need to use the ESMF tools, analyze potentially adverse environmental and social impacts, to prescribe mitigation approaches and measures, and to prepare and supervise the implementation of management plans and supervise and assess their effectiveness.

151. The detailed technical training plan for key stakeholders such as the ES Focal Person of PMU and ES Focal Person of Technical Departments is listed in Table 20 considering the essential trainings for ESMF implementation. The table illustrates the period of each training, number of expected participants (up to 30 persons) and the required training frequency. Training will be provided by the PMU safeguard consultant team. The training budget is included in the project management budget and will be determined through the preparation of the annual work plan and associated budget.

Table 19: Training Plan for Key Stakeholders

Type of Training No. People No. Days Frequency

ESMF and Screening/ Up to 30 5 (6 times) ESMP preparation 3 times/year (1st ,2nd years) Training for the developed Up to 30 3 (6 times) standardized guidance for 3 times/year safety and hazardous (2nd , 3rd years) waste management for laboratories including PMU/Technical Departments safeguard Focal Person)

ES instruments Up to 30 5 (6 times) 3 times/year (1st ,2nd years) ES instruments Up to 30 2 (10 times) Implementation, 2 times/year Monitoring and Reporting

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Type of Training No. People No. Days Frequency

Training in precautions for Up to 30 0.5 (3 times) COVID-19 (1st year)

152. Capacity building should be viewed as more than training. It is human resource development and includes the process of equipping individuals with the understanding, skills and access to information, knowledge and training that enables them to perform effectively. Therefore, it should also include awareness-raising and decision making, besides technical training. As a result, the awareness raising for ES implementers and contractors will be provided by the ES Focal Person from the PMU and Technical Departments. On the other hand, it is the responsibility of the contractor to ensure that all workers have sufficient technical training to be able to implement the provisions of this ESMF.

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9. Stakeholder Engagement, Public Consultation, and Information Disclosure

9.1. Stakeholder Engagement Plan

153. The overall objective of the NFASP Stakeholder Engagement Plan is to (i) plan and carry out consultations with key stakeholders throughout different stages of project concept development and preparation; (ii) strengthen project design by integrating feedback from stakeholders; and (iii) reduce reputational risks to the Bank from potential misunderstanding or misinformation related to the project during preparation stage.

154. Specific objectives of the Stakeholder Engagement Plan are the following:

• Build trust and open lines of communication with key stakeholders. • Map key stakeholders and identify points of contacts for each stakeholder. • Understand stakeholder’s “stake” in the project (e.g. relevance, interest, influence). • Recognize motives for stakeholders to be in support or opposition to the project and assess their relative influence. • Identify, prevent, and mitigate potential reputational risks to the Bank from misconception of the Project. • Ensure consistency in messaging. • Boost reputation and credibility of the Bank’s commitment to supporting inclusive development. • Manage potential unrealistic expectations of benefits that may accrue from project. • Provide meaningful opportunities for input and feedback on project design. • Explore issues related to project design and identify measures and project design options that address stakeholder concerns, build their confidence, avoid misconceptions, and increase transparency. • Seek input on strategic project design choices related to project approach, geographic targeting, implementation arrangements, etc. • As part of engagement, learn from experiences of other projects implemented in Myanmar and identify how potential investments can help foster inclusion and conflict-sensitive development.30

155. This Strategy aims to also inform the Government of Myanmar Stakeholder Engagement Plan which will be required for guiding meaningful stakeholder engagement during project implementation, including how to address environmental and social risk (under the Bank’s Environmental and Social

30 As part of the process, identify controversial activities, in particular activities that may deepen mistrust, feed into unresolved issues around land and tenure, facilitate elite capture and/or gender inequality.

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Standards). The project will also follow national regulations and World Bank guidelines on COVID-19.

156. The NFASP legal agreement refers to protection of personal data collected, used, or processed under the project in accordance with the PIM. This provision also applies to any process or activity associated with this ESMF.

157. Who to engage? It is important to determine the key stakeholders and their needs and expectations for engagement, as well as their priorities and objectives in relation to the Project. Engagement can then be tailored to each group of stakeholders to inform them and to understand their views and concerns. Engagement will be sought with Government departments, potential target communities, including Ethnic Peoples living in those communities, civil society groups (national and State/Regional levels), environmental NGOs (national and international), EAOs, development partners, and private sector. A detailed list of stakeholders to engage with will be assembled. This list will be updated during project preparation if key additional stakeholders are identified. During project implementation, stakeholder analysis will be conducted for subsequent States and regions (see Table 20).

158. When to engage? For implementation of the engagement strategy a detailed time- bound plan with the type and frequency of communication (e.g., emails, phone calls) and person-to-person engagement activities (e.g., meetings, consultation groups) will be prepared. All engagement activities, including feedback received, will be recorded (see Table 21). While such a detailed and time-bound plan is important, continuous improvement of the stakeholder engagement process should be sought and flexibility should remain for ad-hoc engagement activities as needed.

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Table 20: Stakeholder Analysis for Previous Consultation in One Target Area

No. Identified Key Stakeholders NPT YGN MDL

A Public (National (Regional (Regional Level) Departments) Departments) 1. Ministries (i) Department of Agriculture, Department of Agriculture Research, Livestock Breeding & Veterinary Department under Ministry of Agriculture, Livestock, and Irrigation (ii) Myanmar Trade Promotion Organization under Ministry of Commerce    (iii) Environmental Conservation Department under Ministry of Natural Resources and Environmental Conservation (iv) General Administration Department under Ministry of the Office of the Union Government (v) Municipals under Ministry of Border Affairs 2. Parliament Members    Committees (i) NPT Council 3. (ii) Township Planning and Implementation    Committee (iii) Farmland Management Committee B Private    1. Myanmar Agri Food (MAF) Company    2. GAP Farmers    3. Myanmar Agribusiness Public Corporation (MAPCO)    4. Myanmar Rice Federation    Universities    1. YeZin Agriculture University    2. Mandalay University    3. Mandalay School of Culinary Arts    4. State Agricultural Institute    5. Yangon University    C CSOs/NGOs/INGOs    1. Food Security Working Group (FSWG)    2. Deutsche Gesellschaft für Internationale    Zusammenarbeit (GIZ) Myanmar 3. Myanmar Livestock Federation    4. Myanmar Environmental Assessment Association    5. Myanmar Consortium for Disaster Risk Reduction    MCDRR 6. Compass Community Development Organization    7. Friendly Child    8. Myanmar Professional Social Workers Association    (MPSWA) 9. Agricultural and Farmer Federation of Myanmar    10. Sein Yaung So-Activities    11. United Women   

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No. Identified Key Stakeholders NPT YGN MDL

12. Land Core Group (LCG) Myanmar    13. Women Activist Group    14. Agricultural University Alumni Association    15. Myanmar Fruit, Flower and Vegetable Producer and    Exporter Association 16. Myanmar Professional Social Workers Association    17. Myittamon Social Service Organization    18. Green and Natural Green Group    D Beneficiaries    1. Mango Farmer Groups    2. Fruits & Vegetables Groups    3. Livestock Farmer Groups    4. Seed Producer Groups    5. Water User Groups    6. Cooperatives and Cooperative society    E Private Sector    1. Agro Chemical Trading Companies    F Media    1. Farmer Channels    2. MOALI Social Media    3. Sky Net    4. MRTV-4   

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Table 21: Engagement Process for ESMF Preparation and Revision

Participants Participants Main points Date Stakeholder met Location from WB (persons) discussed (persons) Key Stakeholders (Government)

1 Nov 19 Land Use Division Naypyidaw 4 1 Collection data and ESMF discussion Livestock Breeding Naypyidaw 7 1 Collection data and and Veterinary ESMF discussion Department 8 Nov 19 Land Use Division Yangon 5 Collection data and ESMF discussion, Lab visit 13 Nov 19 Horticulture and Yangon 3 Collection data and Plant ESMF discussion Biotechnology Division Livestock Breeding Yangon 4 Collection data and and Veterinary ESMF discussion Department 14 Nov 19 Sugar Crop Division Naypyidaw 3 Collection data and ESMF discussion Cotton and Allied Naypyidaw 3 Collection data and Fiber Crops Division ESMF discussion Coffee and Naypyidaw 3 Collection data and Seasonal Crop ESMF discussion Division, DOA Sugar Crop Division Naypyidaw 7 Lab visit

15 Nov 19 Department of Naypyidaw 3 Collection data and Agricultural ESMF discussion Research Extension Division Naypyidaw 3 Collection data and ESMF discussion Seed Division Naypyidaw 3 Collection data and ESMF discussion 19 Nov 19 Livestock Breeding Yangon 3 Site visit, Lab visit and Veterinary Department 11 Dec 19 Horticulture and Yangon 6 3 ESMF discussion Plant and Lab visit Biotechnology Division 12 Dec 19 Seed Division Yangon 6 3 ESMF discussion and Lab visit Land Use Division Yangon 6 3 ESMF discussion and Lab visit 17 July World Bank Webex 17 ESMF revision and 2020 NFASP Safeguard preparation for Team disclosure

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Participants Participants Main points Date Stakeholder met Location from WB (persons) discussed (persons) Key Stakeholders (Government)

22 July World Bank Webex 17 ESMF revision and 2020 NFSAP Safeguard preparation for Team disclosure and Action Plan

13 August World Bank Webex 17 8 ESMF revision and 2020 NFSAP Safeguard preparation for Team disclosure and Action Plan

26 August World Bank Physical 22 2 PC plan 2020 NFSAP Safeguard Meeting Team At Naypyitaw

Note: The World Bank team acted as observers to the Government led consultation process

160. It is important to provide meaningful opportunities for input and feedback into early project conceptualization. A series of meetings with stakeholders (16 meetings) have been completed during the project preparation stage. Based on feedback and guidance received from key stakeholders, the team has commenced the outreach and engagement well in advance of finalization of project appraisal document, ESMF, etc. It is important for trust building and stakeholder buy-in to provide opportunities for early input into project conceptualization; a premise on which engagement to date has been built.

161. An iterative engagement process was followed throughout project preparation. It takes time and resources to build trust and develop understanding of project objectives and scope. Support and consensus can only be built up gradually over time and with continuous efforts in building relationships. As such, an iterative engagement process also needs to continue throughout the project preparation phase. As project preparation advances and more aspects of project design crystallize, consultations will become more specific and focused and may focus on specific technical aspects with selected key stakeholder groups. The engagement will continue to involve different stakeholder groups, and to ensure adequate engagement with state and non-state actors.

162. How to engage? There are a variety of engagement methods that can be used to build relationships with stakeholders, gather information from stakeholders, consult with stakeholders, and disseminate project information to stakeholders. When selecting an appropriate engagement method, the purpose for engaging with a stakeholder group should be considered.

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163. It is important to provide room for stakeholders to voice their concerns and ensure that there is trust that their voices are being heard and considered. This builds stakeholder support and buy-in and reduces distrust and opposition.

164. Where applicable, the project will apply the FPIC process as per OP 4.10. The project team has been using and will continue use the engagement methods shown in Table 22.

165. Engagement will be undertaken with Stakeholders in Conflict-affected Areas. The NFASP has committed to a phased approach for implementation to ensure an adequate opportunity to conduct due diligence and consultation in conflict-affected townships. In the 1st phase (1st and 2nd years), it will focus on the Yangon, NPT and Mandalay regions (70 percent of targeted townships), which are economic and agriculture production centers and have a higher potential for success. In the 2nd phase (3rd and 4th year), the project will start to be rolled out to other states and regions including conflict-affected areas.

166. MOALI has already identified a list of priority facilities that it wishes to upgrade and/or improve upon, including those in conflict-affected areas. Before targeting these areas, the following three-step due diligence procedure will be applied (as detailed in the PIM’s conflict sensitivity section). Firstly, an initial desk review using data on armed violence31 at the township level (2016) highlights those townships that may be considered at a high-risk of armed conflict. Secondly, a World Bank team will conduct deeper-dive independent conflict assessments of each of these areas (township’s deemed lower risk do not prompt follow-up assessments) and recommend that they either be included, possibly with conditions, or excluded. Thirdly, the vetted list of conflict-affected townships proposed for inclusion will be shared with MOALI for review, discussion, and approval.

167. Once a vetted list of conflict-affected townships has been agreed by MOALI and the World Bank, a process of consultation targeting conflict-affected townships will take place. This is an integral part of preparing for phase two. The objective of the exercise mirrors those described elsewhere in this document: primarily, to share information on the project approach and activities, afford an opportunity for meaningful feedback and input and to secure buy in. Additionally, consultations should seek to identify any acute risks related to the proposed project activities in the township. MOALI will lead the process and be supported by the NFASP team, who may provide guidance, technical advice, and logistics support (e.g. identifying relevant civil society members and inviting them to meetings).

31 Specifically, the data used is the Myanmar Institute for Peace and Security’s (MIPS) Township Conflict Monitoring System dataset.

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Table 22: Engagement Method

Engagement Purpose of Engagement method Method

Correspondences - Distribute information to stakeholders. (Phone, Emails) - Invite stakeholders to meetings and follow-up. Formal meetings - Present the project information to individual stakeholders or a group of stakeholders. - Make space for comments – opinions and views. - Build personal relation with high level stakeholders. - Disseminate technical information. - Record discussions. Public meetings - Present project information to a large group of stakeholders, especially communities. - Allow the group to provide their views and opinions. - Build relationship with the communities and stakeholder groups, especially those targeted by the project. - Distribute non-technical information. - Facilitate meetings with posters and other visual aids, etc. - Record discussions, comments, questions. One-on- - Seeking views and opinions. one/informal - Enable stakeholder to speak freely about sensitive issues. meetings - Enable informal feedback from stakeholders that may not be able to be provided in formal meetings. - Build personal relationships. - Record meetings. Consultative/Focus - Seek guidance and input on specific aspects of project design. group meetings - Discuss technical aspects with an informed group of key stakeholders. - Allow stakeholders to provide their views on strategic choices and offer lessons learned and experiences from other initiatives. - Provide input on baseline data. - Record responses. Online resources - Disclose relevant project documentation (PID, ESRS at concept-stage, ESF-required documents at appraisal stage, and PAD at approval stage). - Present updates and outputs (e.g. of related analytical work) - Use social media channels for wider communication objectives using non-technical information.

Project leaflet (to - Brief project information to provide simple overview in hand-out format. be prepared at pre-appraisal stage) Virtual - To be done using videoconferencing technology, where possible, and where COVID- consultation 19 concerns preclude large meetings. - To use local facilitators where possible to coordinate.

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168. Consultations should target a range of stakeholders, including:

• Potentially affected and beneficiary communities and their representatives, including women, men, youth and elders from different ethnic groups. • Village/Township government representatives, including, GAD officials, administrators, other department focal points and members of the ACC. • Civil society and commnunity-based actors, including those at the state level and those at the local level. For example: civil society organizations and networks, youth organizations, women organizations, and human rights organizations. • Representatives from EAOs, if safe and feasible to do so. The objective of these interactions should be to inform of project plans to ensure there is no clear and apparent objection.

169. Consultations should also be multi-levelled and take place in the capital of the conflict-affected state/region as well as at the township level. While larger, multi- stakeholder meetings may be appropriate in state/region capitals, these should be complemented by smaller, less formal interactions with only one or a handful of organizations/representatives at a time at the level of township and below.

170. If stakeholders are hesitant to liaise with government, for example, due to their political alignment or beliefs, or if government is not comfortable meeting a particular stakeholder due to sensitivities related to the conflict, the NFASP team may either seek to arrange a tripartite consultation and play an intermediary role, or consult with the stakeholder independent of MOALI. The NFASP team should monitor the MOALI-led consultation process closely and subsidize it in this manner regularly.

171. Upon completion of consultations in conflict-affected townships, and prior to phase two, the World Bank and MOALI will hold a detailed discussion on the outcomes and jointly review the list of those to be targeted, taking onboard and adjusting the strategy to account for any negative findings.

172. This is a good example of how the staggering of implementation in conflict-affected townships allows for additional learning on operating in politically complicated/contested contexts to be folded into the NFASP as it is generated by the PPCP and IAQE.

173. Consultations with ethnic communities, including Vulnerable Population Groups (VPGs)32 in ethnic areas, will be conducted as follows:

• Ethnic communities including VPGs are well informed and consulted regarding

32VPGs for NFASP are considered as 1) smallholder farmers holding less than 5 acres of land; 2) smallholder farmers of Ethnic Peoples; 3) smallholder farmers in the remote and geographically disadvantaged areas; 4) smallholder farmers in conflict affected areas; 5) landless agricultural laborers; 6) women led households; and 7) retuning migrants.

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the project objectives, plans and activities throughout the project cycle. • Ethnic communities, including VPGs, will be visited by the NFASP project team at the time of first consultation, including relevant local authorities and personnel with appropriate social science training or experience. • Prior to the visit, the NFASP project team will send notice to the ethnic communities informing their leaders that they will be visited by the respective focal persons and local authorities and that consultation will be conducted to seek support of the project intervention. • The notice will request to invite village leaders, representatives of VPGs, Civil Society Organizations, and CBOs in ethnic areas. During the visit, the ethnic community leaders and other participants will present their views regarding project activities. • Prior to the visit, the project team will need to prepare project leaflets/pamphlets to provide a brief and simple overview of project information for distribution in ethnic villages. • At this visit, the project focal person or relevant officials with social expertise will record the following with the help of ethnic community leaders and local authorities. o Names and total number of ethnic groups in villages within a described zone of influence of the proposed activity o Percentage of ethnic people in villages o Percentage of smallholder farmers in villages o Percentage of landless agricultural laborers in villages o Percentage of female headed households and women farmers in villages o Number of retuning migrants in villages • Allow ethnic participants, including VPGs to provide their views, lessons learned and experiences from other initiatives. • Discuss and assess potential project benefits and how these can be enhanced. • Discuss and assess potential adverse impacts and ways to avoid or mitigate them. • Identify and discuss (potential) conflicts among ethnic communities and how these might be avoided. • Facilitate and ascertain the ethnic communities’ consent to activities affecting them following a process of free, prior and informed consultation (FPIC). • Indicators for monitoring and evaluation mechanism will be explained to ethnic participants, including VPGs. • Consultation meetings are to be held in the predominant local language. Project staff will ensure that all Ethnic Peoples have full understanding of the discussion at these meetings using effective group facilitation techniques. The views of ethnic communities shall be considered during implementation of the activity, while respecting their current practices, beliefs, and cultural preferences. • Build relationship with the ethnic communities and stakeholder groups, especially those targeted by the project and facilitate consultation meetings with posters and other visual aids, etc. • The outcome of the consultations will be documented into periodical reports and

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submitted to the World Bank for review. • If COVID-19 restrictions are still in place when public consultations with ethnic communities are required for the project, the guidelines of the Department of Health under Ministry of Health and Sports should be followed.

174. The project will primarily support the upgrading of capabilities and facilities on existing government facilities and infrastructure- research/demonstration farms (Component 1a), value addition facilities (Component 2a), and testing and inspection regarding (2.b). At present, this preliminary list includes regional research farms, horticulture value addition facilities, and fertilizer inspection laboratories in 12 conflict-affected townships, where the project will be rolled out during the 2nd phase after due diligence as described above.

175. Most of these government facilities have existed in their current form for a number of years, with some being established as early as the 1990s (e.g. a Tea Research Farm in Pinlaung that the project team visited). They are therefore well established in the local area and not themselves the subject of contention or contest. The unit of the catchment will be the vicinity of these facilities.

176. Across the range of conflict-affected townships to be targeted by the project, there are pockets of territory contested and fully controlled by EAOs (usually more remote, rural communities). A key conflict risk is exacerbating the perception of government “expansion” into such areas. The project does not stand to contribute to this risk as it will not support any new physical presence of government staff (i.e. via extension services) or government acquisition of new land in contested spaces.

177. Even so, the NFASP will see project staff in these areas (as well as a core team at the Union level) trained in conflict sensitivity. The focus of this training will be key township level MOALI staff and the Agriculture Coordination Committees, which are the existing platform for farmers. Subsequently, these township focal points will be prompted to undertake a planning exercise that culminates in a “Conflict Sensitive Work Plan” that maps project activities to possible township-specific risks. The utility of such training and planning exercises is a lesson learnt from the on-going NCDDP.

178. In line with the 2020-2023 Myanmar Country Partnership Framework, the NFASP is also deeply concerned with ensuring the “inclusion” of farmers in such areas. To facilitate their access to project benefits, the NFASP proposes encouraging “knowledge transfer” from government research farms and tea research facilities within the target township (and without any physical interventions/activities of the project in contested areas).

179. Specifically, the project proposes (under Component 1c):

• Township clinics/ extension education camps (held in existing government facilities, e.g. DAR research farms) to share information with a public that may fall outside of the governments reach. • Training of Trainers (ToT) (also held in existing government facilitates) targeting

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ethnic service providers and/or community-based organization representatives that are known to be trusted by the non-government stakeholders. • Digital extension services which are translated into ethnic languages and use visual content to the extent possible. • Knowledge transfer via Farmer Channels and The Agri-Business News Journal and other farmer journals.

180. These activities will be demand-driven in that participants can opt in and out with ease and at their own choosing. Such mechanisms will allow the transfer of benefits without threatening the status quo between government and EAOs on the ground.

9.2. Public Consultation and COVID-19.

181. If COVID-19 restrictions are still in place once the project is effective, the project will:

• Identify and review planned activities under the project requiring stakeholder engagement and public consultations. • Assess the level of proposed direct engagement with stakeholders, including location and size of proposed gatherings, frequency of engagement, categories of stakeholders (international, national, local) etc. • Assess the level of risks for virus transmission for these engagements, and how restrictions that are in effect in the country / project area would affect these engagements. • Identify project activities for which consultation/engagement is critical and cannot be postponed without having significant impact on project timelines. Reflecting the specific activity, the project will consider viable means of achieving the necessary input from and reporting back to the stakeholders (see further below). • Assess the level of ICT penetration among key stakeholder groups, to identify the type of communication channels that can be effectively used in the project context.

182. Based on the above, the project, following agreement by the World Bank, will decide on the specific channels of communication that should be used while conducting stakeholder consultation and engagement activities. The following are some considerations while selecting channels of communication, considering the current COVID-19 situation:

• Avoid public gatherings (taking into account national restrictions), including public hearings, workshops and community meetings. • If smaller meetings are permitted, conduct consultations in small-group sessions, such as focus group meetings. If not permitted, make all reasonable efforts to conduct meetings through online channels, including webex, zoom, skype or other virtual consultation platforms. • Ensure 2 m (6 feet) social distancing is always maintained. • Providing personal protective equipment (masks, gloves, face shields) where

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warranted. • Diversify means of communication and rely more on social media and online channels. Where possible and appropriate, create dedicated online platforms and chatgroups appropriate for the purpose, based on the type and category of stakeholders. • Employ traditional channels of communications (TV, newspaper, radio, dedicated phone-lines, and mail) when stakeholders to do not have access to online channels or do not use them frequently. Traditional channels can also be highly effective in conveying relevant information to stakeholders and allow them to provide their feedback and suggestions. • Where direct engagement with project affected people or beneficiaries is necessary, such as would be the case for Resettlement Action Plans or Community Consultation Plans preparation and implementation, identify channels for direct communication with each affected household via a context specific combination of email messages, mail, online platforms, dedicated phone lines with knowledgeable operators. • Each of the proposed channels of engagement should clearly specify how feedback and suggestions can be provided by stakeholders.

9.3. Public Consultation and Information Disclosure

183. The public consultations for the ESMF were conducted initially in February 2020 in Yangon, Naypyidaw, and Mandalay Regions where NFASP targeted townships for Phase one are located. In the first week of March 2020, consultations in the conflict affected townships in Shan and Kayah states with CSOs, ethnic group organizations and farmers groups were conducted. Additional consultations were undertaken with project stakeholders during re-disclosure of this ESMF from September 15-20, 2020. Further consultations with key stakeholders will also take place to cover other states and regions of NFASP during project implementation.

184. During ESMF preparation, formal in-country disclosure of the draft ESMF took place in January 2020. Stakeholder consultations on the draft ESMF at regional level took place in February 2020 in Naypyidaw, Mandalay, and Yangon, respectively with representatives from Government, NGOs, and CSOs. Relevant comments from these consultations have been incorporated. Moreover, stakeholder consultation on the draft ESMP for livestock related activity took place on (17 February 2020) at project level in Sagaing with representatives from Government, nearby communities, CSOs, and NGOs. The original ESMF, together with a translated summary and PowerPoint presentation in Burmese were shared prior to these consultations to enable informed consultation. Moreover, the consultations in Shan State and Kayah State provided the project design information such as proposed activities, implementation arrangement, inclusion, and conflict sensitivity approach, etc.

185. The original ESMF was disclosed publicly through the DOA’s website and World Bank external website in March 2020. Observations have been incorporated into the revised ESMF and detail records of the consultations are provided in Annex 15. The

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summary information of arrangement of consultations are described in Table 23 and Table 24.

186. A series of public consultation meetings for disclosure of revised ESMF was virtually conducted by using online platforms in September 2020 due to the constraints of the COVID-19 pandemic occurrence in Myanmar. The disclosure of the revised ESMF was done at DOA website33 for 15 days from 31st August 2020 to 14th September 2020 to receive public comments. The detailed schedule of the public consultation meeting with the number of participants held in each State and Region is described in Tables 25 and 26 below. In addition to the total participants, the Consultation Team leader and E&S Consultants and Specialists from World Bank (6 participants) participated in all public consultation meetings. A summary of the September 2020 consultations is provided in Table 27 below and in Annex 15.

33 (http://www.doa.gov.mm/doa/index.php?route=pavblog/blog&blog_id=117)

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Table 23: Summary of Consultations for Draft ESMF and Project Design

Consultations for Draft ESMF and Project Design

No. Date and Venue Location No. of Participants Summary Findings Time Participants 1 3rd Feb 2020 Knowledge Kinpon Tan 44 Relevant Government - The first consultation meeting found the interest of farmers upon (13:00-15:30) Center (KC) Village, Departments, NGOs activities of activities under NFASP. A number of suggestions Pyinmana and CSOs, Farmers, related to extension services provided by the departments, Township, Private Sector (Trade related to laboratory services, and policy for controlling fake Naypyidaw Company, Fertilizer fertilizers, and application of lesson learns from other projects Shop, etc.), and into NFASP were received. Most of the requests and suggestions Media highlight the necessities of farmers such as access the updated information (recommended crops under forecasted weather condition, and market information and linkage, etc.), the essential of laboratories which can issue organic crop certification, the in tuitional arrangement for human resources required for operation of laboratories, etc.

- Hence, these comments are recommended to be reviewed and integrated into the project implementation by relevant division such as extension division.

2 7th Feb 2020 Regional Department 66 Relevant Government - The active participation of farmers and CSOs as well at the second (10:00-13:00) Chief of Departments, NGOs consultation meeting was observed. A number of suggestions are Officer’s Agriculture and CSOs, Farmers, received including the provision of extension services for Office (DOA), Private Sector (Trade vegetable growers related to agrochemical usage and natural Mandalay Companies), fertilizer usage, consideration of policy/regulation for GAP Region Academic Sector certified food/products, request to take attention on food safety, (Universities, women involvement in project beneficiary group, provision of Associations) and extension services not only the digital technologies, but also the Media close collaboration with farmers, and development of inspection program upon fake agrochemical in market.

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Consultations for Draft ESMF and Project Design

No. Date and Venue Location No. of Participants Summary Findings Time Participants - Hence, these comments are recommended to be reviewed and integrated into the project implementation.

3 20th Feb 2020 Regional Department 65 Relevant Government - In third consultation meeting, the variety of stakeholders were (9:30-12:00) Chief of Departments, NGOs attended. A number of comments/suggestions were received Officer’s Agriculture and CSOs, Farmers, including pollution controls for operation of laboratories, Office (DOA), Seed Producers, institutional arrangement and budget allocation, provision of Yangon Private Sector (Trade market information (e.g. price, stock, demand and supply, etc.), Region Companies), difficulties for getting loans for farmers, and consideration to International Agency, fulfil the actual problems facing by farmers (lack of equipment, and Media etc.).

- Hence, these comments are recommended to be reviewed and integrated into the project implementation.

4 5th March DOA Regional Taunggyi 200 WB Team, Shan - It has been noticed that holding a consultation with CSOs’ 2020 Office Township, MOALI Minister, DOA members who are currently in conflict affected areas in Shan will (13:30-17:30) Meeting Hall Shan State District and Township be helpful as they can definitely provide how to work and include Manager, and the community in the conflict affected area. representatives from Hlutttaw, Government, INGOs, NGOs, CSOs and Ethnic Groups 5 6th March DOA Tea Pinlaung, 60 WB Team, DOA Staff, - Most of the recommendation are to provide not only technical 2020 Extension Shan State representatives from support but also market linkages with this project as farmers are (13:30-16:00) Compound LBVD, GAD, Planning, interested to grow more marketable crops for their incomes DALMS, Forestry, Information, Shwekanbawza Self

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Consultations for Draft ESMF and Project Design

No. Date and Venue Location No. of Participants Summary Findings Time Participants Help Org, Pinlaung Tea Association, Ethnic Organizations, etc.) 6 7th March DAR Demoso, 75 DAR staff, DOA staff, - It has been known how to reach communities at restricted areas 2020 Research Kayah State INGOs, NGOs, and in Kayah. Accordingly, anyone can go anywhere in Kayah, (13:30-16-00) Center representatives of however, there will be required to inform their travel request to farmers, CSOs and EAOs’ liaison office in advance. Ethnic Organizations

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Table 24: Summary of Consultations for the Draft ESMP

Consultations for Draft ESMP for livestock related activity

No. Date Venue Location No. of Participants Summary Findings Participants 1 17th Feb 2020 Zayyatu Hall, Myinmu 55 Relevant Government - The breeders, community-based animal health workers and nearby (9:00-12:00) Bogyoke Township, Departments, NGOs villagers were participated at the consultation meeting for draft Aung San Sagaing and CSOs, Cattle ESMP preparation of activity entitled “Promotion of Artificial Park Region Breeders and farmers Insemination Service and Upgrading of Natural Breeding for the from nearby villages, Development of Cattle Production in Myanmar (AI & NB). The Community-based participants are interested in the proposed activities of production Animal Health of semen straws and recommend to establish a major production Workers, Villager and distribution center at proposed project site. The participants from nearby village showed their interests upon operation of liquid nitrogen plant such as job opportunities, noise emission and safety. The fruitful discussion between LBVD and breeders for the process of breeding the cattle by AI method including advantages of AI method were observed.

- Hence, this kind of consultation between the department (LBVD) and the breeders are indeed essential during project implementation. It is recommended to organize a field extension group of LBVD to have the consistent support and communication to direct beneficiary groups throughout the project implementation.

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Table 25: Number of Participants Attending Virtual Public Consultation Meetings – September 2020

No. Date of Meeting Name of Region/State Number of Participants

1 15.9.2020 Naypyidaw Union Territory 110 Shan State 108 2 17.9.2020 Yangon Region 107 Bago Region 134 3 21.9.2020 Magway Region 123 Kayah State 33 4 22.9.2020 Mandalay Region 128 Kachin State 60 5 23.9.2020 Mon State 60 Tanintharyi Region 55 6 24.9.2020 Sagaing Region 99 Chin State 55 7 25.9.2020 Ayeyarwady Region 97 Total 1175* *Note: 6 Participants from World Bank are added.

Table 26: Agenda of Public Consultation Meetings – September 2020

No. Time Contents Speaker Remarks

1. 8:30 AM 9:00 AM Registration - Opening Speech Director General Deputy Director General 2. 9:00 AM 9:10 AM (Department of when Director General Agriculture) was not available. Remark Speech Ms. Mio Takada 3. 9:10 AM 9:20 AM (World Bank Team Leader) 4. 9:20 AM 9:45 AM Introduction to Project Project Director 5. 9:45 AM 10:20 AM ESMF NFASP ESMF Focal 6. 10:20 AM 12:00 PM Questions and Answers Participants 10:20 AM 10:45 AM Section Agriculture Sector 10:45 AM 11:10 AM Irrigation Sector

11:10 AM 11:35 AM Livestock Sector 11:35 AM 12:00 PM Cooperative Sector Closing Speech Deputy Director General 7. 12:00 PM 12:10 PM (Department of Agriculture)

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Table 27: Summary of Consultations for Redisclosure of the revised ESMF – September 2020

No. Date and Time Location No. of Participants Summary Findings Participants 1 15th September Naypyidaw 224 Relevant Government - Various requests and needs were brought up including questions from 2020 Union Departments, Farmers, the Shan State on diverse crops and crops products (sugarcane, sugar (9:00 AM – 12:30 Territory & Private Sector (Agricultural and rice from Muse, corn from Hseni, Hsipaw pineapple from Hsipaw, PM) Shan State Input Providers, ghost pepper and chilies from Pekon) regarding struggles that farmers Companies, etc.), NGOs and encounter to get the market value, export markets, market CSOs, Farmers’ competition, needs of drying machines, needs of certification of local Associations, Cooperative agricultural products, needs of technical and physical support in Associations and Livestock manufacturing of value-added products etc.). Some farmers are willing Federation, Fruits and to have better irrigation system and the maintenance of reservoirs Miller Associations (Coffee, under NFASP, to be sustainable especially in Shan State. Butter, Tea Leaves, Corn, Rubber, Rice, Sugarcane, - Farmers from Naypyidaw Union Territory would like to get loans for the Orange, Pineapple), WB procurement of agriculture machines. They also requested support for Team and etc. the rehabilitation of irrigation canals as less rain is received in their region. Some attendees from Shan State, experiencing odor problems from existing poultry farms raised the question related to the management of such odor issues by LBVD.

- Regarding to the e-voucher system for agricultural inputs which would be provided from Cooperative department, farmers have a great interest with the hope for getting a loan for long term with low interest rate. 17th September Yangon Region 247 Minister of Agriculture - Farmers from townships such as Kyungyangon, Twantay, Hmawbi, 2020 & Bago (Yangon Region), Hlegu and Gyobingauk inside the Yangon Region requested for (9:00 AM – 12:30 Region Parliament supporting agricultural machineries such as seed cleaning machines, PM) Representatives, Relevant drying machines and storage facilities for their townships. One of the Government Departments, participants was also curious on ISO Standard Laboratory establishment Farmers, Private Sector in Insein township and E-Phyto Certificate system establishment for (Agricultural Input facilitating the certification process. Providers, Companies, etc.),

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No. Date and Time Location No. of Participants Summary Findings Participants NGOs and CSOs, - For the irrigation sector, difficulties encountered with insufficient water Cooperative Syndicates, supply for summer paddy plantations and also, in the pre-monsoon Farmers Associations, season were discussed by attendees from Bago Region. A farmer from Livestock Federations, Daik-U raised a question about the relationship and adaption of the Interested Stakeholders, water supply system to climate change which is crucial for them. WB Team and etc. - For the livestock and breeding sector, the question about cold storage facilities was asked in term of locations to be provided and private sector involvement in establishment of cold storage facilities. Seed Cooperatives from both Yangon and Bago regions are looking forward to providing qualified seeds to farmers in coordination with Cooperative Department. 21st September Magway 162 Parliament - The farmers from Magway Region which is a dry zone area raised their 2020 Region & Representatives, Relevant difficulties encountered in agriculture relating to climate change and (9:00 AM – 12:30 Kayah State Government Departments, rainwater availability. For the agricultural and agricultural research PM) Farmers, Private Sector sector, questions related to qualified seeds and access to markets were (Crop Traders, Business discussed. Owners, etc.), NGOs and CSOs, Cooperative - Some farmers from Kayah Sate asked about the development of a Syndicates, Farmer transportation route, irrigation water system development, and Associations (Thanakha, agricultural land development in order to bring back refugees from Paddy, Corns), Livestock refugees’ camp to their places of origin in conflict areas. For the Federations, Interested irrigation sector, activities regarding with silt and sand removal Stakeholders, WB Team activities, river pumping schemes and technology-based water sprinkler and etc. systems were discussed.

- Questions relating to the livestock sector, animal feed security and pork meat market in the dry zone region were raised. One NGO from Magway Region raised a suggestion about the approach to different farmer groups with the support of associations related to cooperative activities.

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No. Date and Time Location No. of Participants Summary Findings Participants 22nd September Mandalay 194 Minister of Agriculture, - For the agricultural and agricultural research sector, discussions were 2020 Region & Livestock and Irrigation held about seed quality, market formation and market links. One of the (9:00 AM – 12:30 Kachin State) (Kachin State), Minister of participants from Mandalay Region suggested to consider additional PM) Social Affairs (Kachin State), activities such as demand and market surveys required reflecting the Parliament COVID-19 affected situations. Regarding GAP crops, easy access to Representatives, Relevant residual fertilizers test and GAP market development were discussed. In Government Departments, terms of fertilizers input, area-specific fertilizer utilization matters were Farmers, Private Sector discussed. (Crop Traders, Business Owner, etc.), NGOs and - From Kachin State, the Minister has requested for export market CSOs, Cooperative development and certification of tissue banana to be officialized for Syndicates, WB Team and trading. Agricultural land development works in Kachin State were also etc. discussed.

- For the irrigation sector, the Mandalay Region had discussed about less precipitation patterns and water difficulties whereas the Kachin State had proposed irrigation infrastructure development especially distributary canal establishment.

- Relating to the livestock sector, there was request made for explanation for project activities such as AI laboratory establishment and animal disease control zone establishment.

23rd September Tanintharyi 121 Minister of Agriculture, - As rubber is the major crop grown in Mon State and Tanintharyi Region, 2020 Region and Livestock and Irrigation questions and suggestions mainly relating to the rubber sector were (9:00 AM – 12:30 Mon State (Mon State), Parliament raised by experienced representatives from Myanmar Rubber Planters PM) Representatives, Relevant and Producers Association (MRPPA) regarding to the sustainable rubber Government Departments, supply, integrated farming method, certification for RSS and waste Farmers, Private Sector management of crump rubber production factories, etc. (Crop Traders, Business Owner, etc.), NGOs and

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No. Date and Time Location No. of Participants Summary Findings Participants CSOs, Cooperative - An officer from ECD also recommended the implementation of the Syndicates, Farmer project to be in line with national environmental regulations and the Associations (Thanakha, other attendees raise the questions related to the procedures and Paddy, Corns), Livestock criteria for the provision of inputs and funds under this project. Federations, Media, Interested Stakeholders, WB Team and etc.

24th September Sagaing Region 160 Parliament - For Agriculture and Agricultural Research Sector, the role of the private 2020 & Chin State Representatives, Relevant sector for the NFASP project and the importance of demonstration (9:00 AM – 12:30 Government Departments, trials for provision of extension services was discussed. Farmers from PM) Farmers, Private Sector the Sagaing Region requested for market development and linkage for (Seed Providers, etc.), crops such as beans, pulses and oil seeds. A farmer from Chin State NGOs and CSOs, asked about the requirement of research, machineries and quality Cooperative Syndicates, seeds for growing Elephant Foot Yam cop in their area. The criteria for Interested Stakeholders, inclusion women farmers under NFASP project were also discussed. WB Team and etc. - For Irrigation Sector, difficulties relating to irrigation infrastructure and droughts encountered in the Sagaing Region were anticipated. Regarding the Cooperative Sector, inclusion of privately registered seed associations under this project was requested. For the Livestock Sector, animal feed security in the dry zone and food safety concerns for combined breeding of fish and chicken were discussed.

25th September Ayeyarwady 103 Relevant Government - Overall, it is found out that farmers in Ayeyarwady Region are facing 2020 Region Departments, Farmers, difficulties such as the access to the market, unnecessary losses due to (9:30 AM – 12:30 Livestock Breeders, Private the lack of infrastructure, facilities, machinery and the effect of climate PM) Sector (Companies), NGOs change. Small land holders are stuck in debt, struggling to extend their and CSOs, Interested production, and it is even difficult to make a living. Stakeholders, WB Team and etc.

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No. Date and Time Location No. of Participants Summary Findings Participants - Mixed farming (agriculture and livestock breeding) was brought up and farmers requested guidance and support in mixed farming such as (Sapar-Ngar Breeding) from MOALI. As an addition, it is pointed out that Department of Fisheries is the only department left out under MOALI, in the NFASP project.

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10. Grievance Redress Mechanism

187. A Grievance Redress Mechanism (GRM) will be established at project effectiveness as a part of M&E, Safeguard and Citizen Engagement mechanism. This will capture grievances made by the direct and indirect project beneficiaries as well as non- project beneficiaries who may be impacted by the project during implementation. The NFASP considers the GRM experiences and lessons learned from the Agriculture Development Support Project (ADSP) and the National Community Driven Development (NCDD) project in Myanmar.

188. Any stakeholder including farmers, villagers, contractors, project staff, authorities, and other involved parties may file a grievance if they consider that their right to information is interfered with; that inappropriate intervention by an outside party is found; that fraud or corruption has taken place; that the rights and entitlements granted in this ESMF are violated; or that any of the project’s principles and procedures have been violated.

189. Further, any stakeholder may submit complaints to existing project-level GRM or the WB’s Grievance Redress Service (GRS). The GRS ensures that complaints received are promptly reviewed to address project-related concerns. Project affected communities and individuals may also submit their complaints to the WB’s independent Inspection Panel which determines whether harm occurred, or could occur, because of WB non-compliance with its policies and procedures. Complaints may be submitted at any time after concerns have been brought directly to the World Bank's attention, and Bank Management has been given an opportunity to respond.34

190. Complaints and grievances in relation to the implementation of NFASP project activities will be dealt with under the project GRM. A summary of project GRM will be developed in English and Myanmar as well as relevant ethnic languages and made available through various media including written materials and internet. They will also be made available in locations convenient to local population and explained during public consultations and meetings with PMU, to ensure that project affected people are aware of the avenue to have their grievance redressed.

191. Grievances will be disclosed publicly, but anonymously, at the village level unless the complainant self-identifies him/herself. The identity of all those who have filed grievances is treated with confidentially. There is no charge for filing a grievance. Complaints can be made at any time to any level and without hindrance. Complaints raised by beneficiaries/relevant members shall be dealt with courtesy and on time. If the person filing the grievance is known, the responsible staff officer will communicate the timeframe and the course of action to her/him. The project will

34For information on how to submit complaints to the World Bank’s corporate Grievance Redress Service (GRS), see http://www.worldbank.org/en/projects-operations/products-and-services/grievance-redress-service.

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assure that the complaints are acknowledged, promptly addressed and complainants are replied within an acceptable timeframe. All grievances, including anonymous cases, shall be acknowledged within 3 days and resolved within a maximum of 45 days from the time the grievance was originally received.

192. During the construction period, aggrieved persons or parties to disputes are also allowed to directly contact the contractor or Grievance Focal Persons/ES implementers or Grievance Handling staff/Officers and raise concerns or questions. The contractor ES implementer will also install signposts in local areas with a clear indication of the contact information and call for any people with grievances or questions to inform them. Where Ethnic Peoples are present, the information will be expressed in a relevant ethnic language. A consultation meeting will be held prior to the start of civil works in places and time convenient to local population including but not limited to water users and farmers.

193. The nature of the civil works to be carried out, expected impact, entitlements and grievance mechanisms will be explained to local people in their local language. The translated summary of this GRM will be made available to participants of consultations and at the local office of NFASP. Project communication and information dissemination activities will include information about GRM.

10.1. Objective

194. The main objectives of the GRM to be implemented by the NFASP are as follows:

• To implement grievance management procedures that are easy to comprehend, culturally appropriate, and readily available and accessible to all stakeholders; • To address grievances promptly and effectively, in a transparent manner resulting in the outcomes that are seen as fair, effective and lasting; • To provide effective monitoring and reporting of grievances through a modern means of communication and information technology.

10.2. Grievance Redress Committee (GRC)

195. In order to ensure a fully functioning GRM system, the NFASP will set up a multitier GRM system at planning stage. The seven-tier GRM system has been envisaged based on Farmer Groups and the NFASP implementation arrangement. Grievances are resolved locally, at the lowest level, if possible. If not, they are escalated or elevated to a higher level. However, the highest two Levels (PWC and NPSC) are only for exceptional cases which are beyond the control of PMU (Level 5). The establishment of GRM system will provide an accessible way for all stakeholders to lodge complaints on project activities at different levels, if they have any and the GRM system will consist of:

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• Farmer Group (FG): FG (Level 1) can be Water User Groups (WUGs), Farmer Economic Clusters or Groups, Farmers Groups for Contract Farming, Livestock Groups, Primary Cooperative Societies (PCSs), and Seed Production Cooperative Societies (SPCSs). FGs (apart from PCSs and SPCSs) will be formed after project effectiveness at respective project locations. Grievance Focal Person (GFP) shall be assigned at each FG to receive, assess, keep record of the complaints and feedbacks. Third Party Service Provider (TPSP) may provide necessary training and build capacity development of GFPs for them to be able to facilitate the grievance redressal procedures and ensure the smooth functioning of GRM at FG level. • Project Implementation Committee (PIC): PIC (Level 2) will be formed after project effectiveness in targeted locations. PIC will consist of ES Implementers (e.g. Township level staff officers including Heads of Laboratories of DOA, LBVD, Coop Dept, IWUMD, Farm managers of DAR, and other relevant stakeholders such as DOALMS, etc.). PIC will be chaired by DOA Township level staff officers (DOA Township Manager). According to the nature of the project activities, Coop Dept, IWUMD, DOA (Agricultural Extension Division and Planning Division) shall assign Grievance Handling staff/Officers who will facilitate the grievance redressal procedures and ensure the smooth functioning of GRM at PIC level. The PIC can discuss with the complainant and invite representatives of Service Providers such as construction contractors, etc. The TPSP may provide necessary training for ES Implementers or Grievance Handling staff/Officers to properly handle NFASP related grievances coming from the stakeholders. • Agricultural Development Committee (ADC): ADC (Level 3) is chaired by Township Administer of General Administration Department (GAD) but DOA District/Township level staff officers (DOA District/Township Managers) are leading the ADC in some Districts/Townships. ADC consists of Hluttaw Members, Township Level Government Officers (DOA, LBVD, IWUMD, Coop Dept, and other government departments, etc.), Village Administers, representatives of FGs, etc. • Project Implementation Units (PIUs): Six PIUs (Level 4) will be established at Implementing Departments (DOP, DOA, DAR, LBVD, IWUMD, and Coop Dept). Team leaders (Senior officers) will lead the PIUs, and Departmental Technicians, Focal Persons for Social and Environmental Safeguards, M&E, Finance, Procurement and other relevant stakeholders will be participated as members. The TPSP may provide necessary training for Focal Persons for Social and Environmental Safeguards. • Project Management Unit (PMU): PMU (Level 5) will be led by Project Director of NFASP. PMU will consist of PMU staff, ES officers of DOA, DAR, LBVD, IWUMD, and Coop Dept. PMU ES Consultant Team will assist PMU and provide necessary training for the ES officers. • Project Working Committee (PWC): PWC (Level 6) has been established on 9 September according to a special order of the Minister of MOALI. Project Director of NFASP will lead the PWC, and Directors of DOP, DOA, DAR, LBVD, IWUMD and Coop Dept (Directors of implementation divisions in DOA are included.) will be members of the PWC.

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• National Project Steering Committee (NPSC): NPSC (Level 7) has been set up on 9 September 2020 according to a special order of the Minister of MOALI. The NPSC will be chaired by Deputy Minister of MOALI and Co-chaired by Permanent Secretary of MOALI, and Project Director of NFASP is Secretary of the NPSC. Members are Director Generals of Treasury Department (MOPFI), DOP, DOA, DAR, LBVD, IWUMD and Coop Dept of MOALI.

10.3. Grievance Procedure

196. The NFASP will lay down procedures for fair, timely and appropriate handling of complaints from beneficiaries and those involved in the project. The NFASP will manage all grievances in accordance with the Grievance Procedure illustrated in Figure 18 below. All grievances will be handled in a discreet and objective manner. The GFPs/ES implementers or Grievance Handling staff/Officers will consider the sensitive nature of the needs and concerns of the affected communities and be responsive to the grievances made by the project beneficiaries, especially during the peak of the implementation of the project activities such as construction period. All grievances and how they have been managed will be recorded in the Grievance Registry as shown in Table 55 of Appendix 15 including complaint details, a summary of the grievance, the resolution or agreement on proposed actions (between the Project and the complainant), and monitoring actions taken in response to the grievance.

10.3.1. Publicize the GRM to Stakeholders

197. All stakeholders will be informed about the availability of the GRM system so as to enable them to use the system whenever they need it. During community engagement processes, local stakeholders will be informed about the system including various means available to lodge grievance. Information about the GRM system, including contact details, will be distributed at Public Consultation Meetings through brochures/pamphlets in local languages to the extent possible, posted at project offices, the village tract and on village notice boards. The project will also make sure the availability of grievance forms as shown in Table 53 of Annex 15 and pre-addressed envelopes available in all project offices. Phone numbers will be placed on all project locations. The complaint can also be lodged through the NFASP Facebook Page as well as the email address .

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Receive, register, acknowledge the grievance & provide unique number

Screen, assess & examine the complaint

Yes Act to solve the complaint locally No

Complainant rejects Find resolution to the resolution Appeal (level 2, 3, 4, 5, 6 & Reject complaint or refer complaint 7) & find new resolution to appropriate channel

Complainant accepts resolution

Keep official record of the Implement the resolution decision

Monitor implementation Communicate to of resolution complainant about the decision

Once implemented, close Keep record of feedback the case and learnings

Figure 18: NFASP Grievance Procedure

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10.3.2. Receive, Register and Acknowledge The Grievance

198. The GRM system registers any grievances that come through verbally, filling up the GRM form, by sending SMSs to mobile numbers or by dialing phone numbers, project website or an email. All the registered grievance will have a unique registration number and the number be shared with the complainant so as to make it easy to track of the status and developments related to the grievance. Grievances can be registered anonymously. A group can also register a grievance. The NFASP will ensure availability of a variety of methods for stakeholders to lodge grievances. These will include:

At FG (Level 1) • At local level, farmers can lodge grievance verbally or a written grievance by filling up a grievance form with GFPs of FGs. GFPs will receive, register and acknowledge the grievance. For WUGs, the TPSP designated by Irrigation Department will assist and support the GFPs, and the TPSP will visit project sites regularly and receive inquiries or grievances directly from local people. If the grievances concern the civil works on irrigation, agricultural extension services and other disputes among farmers, the GFPs of WUGs will immediately inform the TPSP and seek the assistance of the TPSP.

At PIC (Level 2) • All stakeholders can lodge grievance verbally with ES Implementers (e.g., Township level staff officers, Farm managers, Heads of Laboratories, etc.) or Grievance Handling staff/Officers. The ES Implementers or Grievance Handling staff/Officers will assist in filling out the grievance form for those who have difficulty reading or writing or unfamiliar with the grievance process; • All stakeholders can lodge a written grievance by filling up a grievance form, which will be made available in the field level project offices. The ES Implementers or Grievance Handling staff/Officers will also provide the form to the complainants, if required. In addition, the form will also be made available at Township offices of GADs and other disclosure venues identified in the ESMF consultations or Public Consultation Meetings; • The complainants can also handover the filled-up grievance forms to the ES Implementers or Grievance Handling staff/Officers or drop them in the Comment Box (complaint boxes) available at the field level project/site offices, Township offices of GAD and public places, or send them to the project offices through postal services. • The complaint boxes shall be properly locked. Of the two keys of the complaint box, one will remain with Township level staff officer and other with Grievance Handling staff/Officer. Grievance envelopes from the box must be opened in front of at least three people, e.g. a Township level staff officer, Grievance Handling staff/Officer and a Township level staff of GAD at least once per month. • The ES Implementers or Grievance Handling staff/Officers, who receive either through directly from the complainant or through complaint box, SMS, email, postal services will register the grievance in their Grievance Log. The ES

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Implementers will assign a unique grievance number to each grievance for easy tracking. • Grievances related to highly sensitive cases or as per the wise of the complainant will be filed anonymously, which is essential for capturing any grievances that may arise in relation to Gender-Based Violence (GBV) and Sexual Exploitation and Abuse (SEA). • The ES Implementers or Grievance Handling staff/Officers will provide the complainant with a verbal acknowledgement of the receipt of the complaint within 1 working day through phone call, text message, or through a meeting with the complainant and a written acknowledgement, such as email or letter, within 3 days. The acknowledgement will include the grievance number and the complainant can use it as reference to track the status of their complaint. If the grievance is not well understood or if additional information is required, ES Implementers or Grievance Handling staff/Officers will contact the complainant during this step.

10.3.3. Review and Investigate the Grievance

199. The project will put in place a functioning procedure for dealing with different types of grievances that includes categorization of registered grievances, response methods depending upon the levels of grievance along with response time. The grievance can be categorized, including, but not limited to the following:

• Category 1: General enquiries • Category 2: Grievances regarding violations of policies, guidelines and procedures • Category 3: Grievances regarding contract violations/breach of contract • Category 4: Grievances regarding the misuse of project funds • Category 5: Grievances regarding abuse of power/intervention • Category 6: Reports of force majeure • Category 7: Suggestion • Category 8: Appreciation

200. Grievance is screened and the significance of the grievance will then be assessed. If the grievance is related to the project development and can be resolved locally then it will proceed to the next step.

201. If the complaint is not related to the project or not triggered by the project, the grievance will be rejected and will properly communicated with the complainant about the decision along with explanation. If appropriate, the project can refer to or ask the complainant to contact concerned agencies.

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10.3.4. Inform and Assign Responsibility

202. Apart from the general questions and curiosities form local communities and stakeholders about the project, it is expected that the complaints related to the project activities will be nominal during the ESMF stage, as the stakeholders remain unaware of potential impacts of the projects. That said, a system will be put in place for the managing the grievance that might come during the preparation of project specific Environmental and Social Management Plan (ESMP). The ESMP preparation team deal with the grievances at this stage. Following the completion of ES studies, the GFPs/the ES implementers or Grievance Handling staff/Officers will take over the role from the ESMP preparation team.

203. Depending on the nature of sub-projects, site specific level ESMP grievances will be developed and processed to ensure that they are resolved quickly. When they are not resolved at this ESMP GRM, the Aggrieved Person or Party should be advised to present their complaint(s) to the Level 1 or Level 2 of Project Level GRM based on the nature of sub-projects.

204. The project will develop escalation routes for registered grievance that would enable it to escalate to higher level if the complainant remains unsatisfied with the earlier outcome of earlier level.

205. The project will put in place a functioning procedure that will report back to the complainant about the status or outcome of their grievance within an agreed time frame.

206. Once a resolution is agreed, the project will put an effective system to take the agreed action into implementation. The GFPs/the ES implementers or Grievance Handling staff/Officers will be made responsible for monitoring and reporting the implementation of grievance resolution.

10.3.5. Develop Resolution at FG Level

207. A resolution is developed in consultation with the complainant as soon as possible but no later than 7 days after screening and assessing the grievance at FG. During the examination of the grievance, the FGs may seek inputs from Village Administers/Village respectable elder persons as well as Project personnel and Construction Contractors, if required. The resolution is communicated to the complainant through proper channel, and GFPs will ask complainant for written acceptance of the resolution. The FGs will manage to secure a written acceptance of the resolution from a person authorized by the complainant to act on his/her behalf if the complainant has difficult reading/writing.

208. For WUGs, TPSP designated by Irrigation Department will assist and support the GFPs throughout the project implementation of IWUMD. The IWUMD will publicly disclose the name of the designated or hired TPSP at the district and township offices of IWUMD and at the offices of GAD. The GFPs of WUGs will conduct the first

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review of the grievances submitted, meet the aggrieved farmers and seek to find a resolution. The TPSP will facilitate the conduct of participatory M&E whereby affected farmers/villagers will assess the implementation of respective project activities, report outstanding issues and air grievances or other issues related to the Project. The TPSP will prepare minutes of the meeting including the issues raised and how they will be addressed. This record will be submitted to PIC.

10.3.6. Develop Resolution at PIC Level

209. A resolution is developed in consultation with the complainant as soon as possible but no later than 7 days after screening and assessing the grievance at PIC (Level 2).

210. During the examination of the grievance, the PIC may seek inputs from relevant officials from GAD and village administers as well as Project personnel and Construction Contractors, if required. The resolution is communicated to the complainant through proper channel and PIC, and ES implementers or Grievance Handling Staff/Officers will ask complainant for written acceptance of the resolution. The PIC will manage to secure a written acceptance of the resolution from a person authorized by the complainant to act on his/her behalf if the complainant has difficult reading/writing.

10.3.7. Rejection of the Resolution by the Complainant

211. If the complainant rejects the proposed resolution, the PIC will refer the grievance to the ADC level Grievance Committee, which is a Level 3 of the Grievance Resolution System and led by Administer of Township level GAD.

212. The ADC will facilitate to reach to an agreeable resolution and produce a resolution within 7 working days. In this process, the committee might further examine the grievance and consult with complainant, stakeholders and experts before reaching to conclusion. If the complainant does not accept solution proposed by the committee, he or she can appeal to the PIU level Grievance Committee, which is the Level 4 of the Grievance Resolution System. The PIU level Grievance Committee, which will be led by the Senior Officers of Implementation Departments, will provide its resolution within 7 working days after the grievance is officially referred to the Level 4.

10.3.8. Referral to the PMU Level

213. If the complainant rejects the proposed resolution, the PIU will refer the grievance to PMU level, and the PMU is mandated to make the final decision on the grievances.

214. If the complainant remains unsatisfied with the resolution of Level 4, he/she can appeal to PMU (Level 5). The PMU led by Project Director of NFASP will provide its resolution within 7 working days after the grievance is officially referred to the Level 5. PMU is mandated to make the final decision on the grievances based on a thorough review of the findings and recommendations of the PIC. The final decision

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is made in consultation with the PMU ES Consultant Team and is based on the relevant provisions of the ESMF.

215. In line with provision of the ESMF, the World Bank Task Team will be consulted for all grievances that are elevated to the PMU. The Team shall provide technical and advisory services to the PMU, as may be deemed necessary.

216. Only if the cases are serious and beyond the capacity of PMU, and the complainant also remains unsatisfied with the resolution of Level 5, he/she can appeal to PWC (Level 6). The PWC is expected to provide its resolution within 5 working days after the grievance is officially referred to the Level 6. If the complainant remains unsatisfied with the resolution of Level 6, as the last resort, he/she can appeal to NPSC (Level 7). The NPSC is expected to provide its resolution within 5 working days after the grievance is officially referred to the Level 7.

10.3.9. Implementation of the Resolution

217. Once the resolution is accepted by the complainant, it is taken into implementation. For relatively simple and short-term actions, the resolution will be taken into implementation within 30 days of the official acceptance of resolution by the complainant. For specific resolutions that take longer time, for example local constructions, to address or need additional corrective actions, GFPs/ ES Implementers or Grievance Handling staff/Officers and/or ES focal persons will monitor the implementation of the resolution and will inform the complainants about the progress on a regular basis until the resolution is fully implemented.

10.3.10. Notification of Complainant

218. The project will make sure that the complainant will be notified once the resolution is implemented. The GFPs/responsible ES Implementers or Grievance Handling staff/Officers and/or ES focal persons will inform the complainant that the corrective actions have been implemented and confirm that the complainant is satisfied with the resolution.

10.3.11. Closure of the Grievance

219. Once the complainant is satisfied with the outcome of the resolution, the project will properly document the grievance resolution process and close the grievance with sign-off from GFPs/ES implementers or Grievance Handling staff/Officers.

220. For any grievance of Level 5 or above, the approval of Project Director is required to close out the case. A grievance close-out form will be used as shown in Table 54 of Annex 15. All correspondence related to the grievance must be documented for monitoring, reporting and learnings. This will help drive continual improvement.

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10.3.12. Appeal Process

221. If the complainant disagrees with a decision, he/she must appeal within 3 days of the date on the decision notice from the Level that he/she submits their Grievance Form.

222. The complainant needs to submit copies of:

• The original Grievance Form • All supporting documents • The decision notice of the Level that he/she submits their Grievance Form (if the responsible officers of the Level do not make a decision, submit a copy of the letter acknowledging the Grievance Form).

223. The complainant then files a next level appeal based on the seven-tier GRM system of NFASP.

224. Responsible officers for handling Grievance Cases will check the appeal to make sure it is valid. The responsible officers will provide the complainant with a verbal acknowledgement of the receipt of the appeal within 1 working day through phone call, text message, or through a meeting with the complainant and a written acknowledgement, such as email or letter, within 3 days.

225. A resolution is developed in consultation with the complainant as soon as possible but no later than 7 days after screening and assessing the Grievance at any Level.

10.3.13. GRM Database

226. The GRM database will be designed and implemented to timely and efficiently capture and monitor all grievances coming from different channels, and the NFASP may consider further digitization of information collection process, such as a chatbot through Facebook.

10.4. Complaints Redress Policy (Grievance Resolution System)

227. The main purpose of this system is to ensure there is a robust and transparent process available for addressing complaints. This system comprises a sequential process of seven levels of resolution and next level of resolution is triggered if the complainant or a group of complainants remains unsatisfied with the resolution made by the lower level. It is expected that all the grievances related to the project will come to the GRM system developed by the project for project beneficiaries. The NFASP, however, recognises and accepts the right of the complainants to go directly to Level 5 and Level 7 to lodge complaints, bypassing the project GRM system. The Grievance Resolution System is illustrated in Figure 19 and described in Box 1 below.

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10.5. A 5-stage Process of the Grievance Redress System

228. Following best-practice, the grievance redress system follows a 5-stage process: 1) intake, 2) sorting, 3) verification, 4) action, and 5) follow-up.

229. Intake. At the community level, GFPs/ES implementers or Grievance Handling staff/Officers are usually the primary contact point for anyone wishing to file a grievance. If an individual prefers, grievances can be addressed to others involved in project implementation such as Technical Departments, PMU, etc. Grievances may be lodged using the following channels: 1) publicly during any consultations; 2) verbal communication to township/village authorities 3) feedback boxes placed in respective activity areas; 4) a letter to township DOA/DAR/LBVD/IWUMD/Coop Dept office, Union Level (DOP, DOA, DAR, LBVD, IWUMD, Coop Dept ), CSOs or NGOs at local level; 5) sending SMSs to the mobile numbers or dialing the phone numbers placed at the local project offices; 6) e-mails to dedicated e-mail addresses for the NFASP GRM; or 7) to the dedicated project website or related Department or social media sites. Each grievance will be provided with a unique ID number and recorded into the project grievance database. Any grievance related to Gender Based Violence will be handled confidentially and the grievance will be forwarded to a suitable Gender Based Violence service provider.

230. Sorting and verification. Sorting involves classifying grievances into their relevant categories, broadly separated into “core” and “non-core” grievances35 and identifying the most appropriate manner of resolution. Verification involves following up on the core grievances to confirm the complaint and to identify the most suitable resolution. At Level 1, GFPs will have the first-level responsibility for sorting complaints or submissions to the FGs. At Level 2, ES implementers or Grievance Handling staff/Officers will have the responsibility for sorting complaints or submissions to the PIC. In the event the submission is made to a higher level, then ES Focal Persons and Technical staff of PIU or PMU staff together with relevant ES officers of PMU, would verify if grievances submitted are valid, and identify solutions. Verification would normally include site visits, a review of documents, a meeting with the complainant (if known and willing to engage), and a meeting with those who could resolve the issue (including formal and informal village leaders).

35 Core grievances refer to those types of complaints that are considered serious by the project and cover accusations of fraud, corruption, abuse of power, failure to follow project guidelines or contracts, etc. Non-core grievances take the form of inquiries, suggestions and letters of appreciation.

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Box 1: Grievance Resolution System designed for the NFASP

Level 1: This is initial stage for all subproject levels, it would automatically come into the Level 1 of the GRM system. At this Level 1, the complaint will be assessed by FGs in consultation with Village Administers and village respectable elder persons to find a resolution of the complaint. • For WUGs, the TPSP assists WUGs and the TPSP facilitates to resolve the grievance in consultation with Village Administers and village respectable elder persons.

Level 2: At this Level 2, the complaint will be assessed by PIC team members to find a resolution of the complaint. The team may also consult with the complainant to further understand the nature of the grievance and find an amicable a resolution. Once the grievance is solved, the ES implementers or Grievance Handling staff/Officers will officially report back to the complainant and will take immediate corrective actions. • Some activities of NFASP such as upgrading/establishing Labs, establishment of Disease Control Zone may not be related to ADC at Township level. Hence, Lab staff and LBVD staff may not go to ADC (Level 3) and they may directly elevate their cases to PIU (Level 4).

Level 3: This Level 3 is for complainants, who decline to accept the resolution made by Level 2 GRM system or if the Level 2 of the GRM system remains unable to provide any resolution to the grievance within 7 working days. Once the complainant officially appeals to the project about his/her refusal to the proposed resolution, the system will automatically escalate the grievance to Level 3, where the grievance will be handled by ADC. The ADC can invite the complainant to further understand the nature of the grievance and find an amicable a resolution. If the grievance is solved at this level, the ES implementers or Grievance Handling staff/Officers will officially report back to the complainant and will take immediate corrective actions.

Level 4: If the complainants are not satisfied with the resolution proposed by the Level 3, they can appeal to the PIU, which will be led by Team Leaders (Senior Officers) of DOP, DOA, DAR, LBVD, IWUMD, and Coop Dept. The complainants can be invited for consultations.

Level 5: If the complainants are not satisfied with the resolution proposed by the Level 4, they can appeal to the PMU, which will be headed by Project Director. The complainants can be invited for consultations. The PMU is mandated to make the final decision on the grievances. Note: Only serious cases which are beyond the decision of PMU will be elevated to Levels 6 & 7.

Level 6: If the complainants are not satisfied with the resolution proposed by the Level 5, they can appeal to the PWC.

Level 7: If the complainants are not satisfied with the resolution proposed by the Level 6, they can appeal to the NPSC led by Deputy Minister of MOALI.

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Resolution taken into Solved implementation Level 7 Examination and Resolution by NPSC

Appeal

Resolution taken into Solved implementation Level 6 Examination and Resolution by PWC

Only exceptional cases which are beyond the Making control of PMU will be elevated to Levels 6 & Appeal Decisions 7.

Resolution taken into Solved Examination and Resolution by PMU implementation Level 5

Appeal

Resolution taken into Solved implementation Level 4 Examination and Resolution by PIU

Appeal A p Resolution taken into Solved p Examination and Resolution by ADC implementation Level 3 e a Appeal l

Resolution taken into Solved implementation Level 2 Examination and Resolution by PIC

Appeal

Solved Resolution taken into Examination and Resolution by FG implementation Level 1

Grievance formally registered by aggrieved person (s)

Figure 19: Grievance Resolution System 155

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231. Action and follow-up. FG is expected to inform aggrieved person (s) to disputes of the resolution within 7 days. PIC is expected to inform aggrieved people or parties to disputes of the resolution in 7 days. If still unsatisfied, aggrieved people or parties to disputes can elevate the matter up to PMU for the final decision. Only exceptional cases which are beyond the capacity of PMU will be elevated to PWC and NPSC at the national level which will make the final decision in consultation with Project Director of PMU and PMU Safeguards Consultants. The Bank team will be consulted for all grievances that are elevated to PMU level. The aggrieved persons or party will be informed of the decision within a maximum of 45 days of the submission to the NPSC which will be final.

232. If there is any grievance raised from the project’s staff (Government staff), it shall follow existing government’s procedures. The GRM also will include a dedicated channel to report GBV related grievances which will be strictly confidential and refer survivors to GBV service providers. This channel may use CSOs as intermediaries.

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ANNEXES

Screening and Guidance Documents

Annex 1: Safeguard Screening Form

Annex 2: Environmental Codes of Practice (ECoPs)

Annex 3: Guidelines for Preparation of Environmental and Social Management Plan (ESMP)

Annex 4: Guidelines for Pest Management Plan

Annex 5: PCRM with Chance Find Procedure for Physical Cultural Resources

Annex 6: Community Participation Planning Framework (CPPF)

Annex 7: Resettlement Policy Framework (RPF)

Annex 8: Guidance for Dam Safety Assessments

Annex 9: Guidance for Identification of Risk Level of Laboratories

Annex 10: Details of List of Laboratories to be Implemented under NFASP

Annex 11: List of Prohibited Chemicals and Restricted Chemicals

Annex 12: Example of Code of Conduct (CoC) for Contractor’s Personnel ES Form

Annex 13: Guidance for UXO and Landmine Screening

Terms of Reference

Annex 14: TORs for PMU Consultants

Meeting Records

Annex 15: Meeting Records of Public Consultations of ESMF

Grievance Redress Mechanism

Annex 16: Grievance Redress Mechanism Screening Form

Other

Annex 17: Contingency Emergency Response Component (CERC)

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Annex 1: Safeguards Screening Form

This site-specific safeguard screening shall be conducted to evaluate environmental and social impacts of all activity activities which will be implemented at one location under each activity.

Section 1- Subproject Details Component No.

Title of Subproject

Name of Division and Division: Department: Department

Contact Person Name: Position:

Phone: Email:

Project Location City: State/Region:

Coordinates:

Objective of Subproject

Subproject Activities Laboratory: Construction: in the above  New  Existing  Expansion  Building  Farming/Livelihood mentioned location Associated Facility Farm road/drains Other

Services:  Training  Awareness  Workshop  Demonstration  Research  Knowledge Sharing  Survey  Distribution  Other

Purchasing:  Equipment/Machineries Chemicals  ICT related Facilities  Other

Production:  Farming/Demonstration Farms Livestock Demonstration for production Other

Irrigation Scheme: (see Annex 8)  Stage 1a  Stage 1b  Stage 2  Stage 3

Approximate available Area (ha): Ownership: land for any activities under Subproject Status: No Residents  Any Residents Doing livelihood activities by others  Other Expected Commencement Date End Date of Subproject

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Section 2- Environmental Issues Will the activity or any of its associated activities: Yes No Explanation

1 Requirement of IEE/EIA Study Meet the criteria (type and size) of project which require an IEE or EIA study described in the Annex 1 of EIA Procedure (2015)?

2 Resource Use Require a large amount of energy, water or other natural resources during project construction or operation?

3 Water Use Extract or use ground or surface water resources, leading to reduction in the volume and the quality of water available for the public water supply?

4 Water Quality Cause pollution to ground or surface water, via direct or indirect discharges or seepages, or through interception of an aquifer by drilling, trenching or excavation?

5 Soil Quality Create a risk of increased soil degradation, soil erosion or increase in soil salinity?

6 Sensitive Receptors Be located adjacent to a sensitive community area (e.g. school, hospital or medical facility)?

7 Air Quality Lead to increased levels of harmful air emissions including dust?

8 Noise increase the noise levels leading to non- compliance with national (NEQG) and WHO/WBG guideline for noise?

9 Waste Generation Generate solid or liquid waste that could adversely impact soils, vegetation, rivers, streams or groundwater?

If the activity includes laboratory related activities, the Yes No Explanation following screening process shall be completed.

10 Biosafety Level Has the targeted laboratory been assessed for biosafety risks and assigned a biosafety level?

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Will the activity or any of its associated activities: Yes No Explanation

11 Hazardous Waste Management Will hazardous waste, including electronic or e-waste, be generated during construction or operation?

12 Wastewater Management Is there any potential release of contaminated wastewater from the project funded facilities and associated facilities during the operation period?

13 Hazardous Materials Management Will hazardous materials / chemicals be used in the operation of laboratory?

14 Identification of risk of existing laboratory Does the existing laboratory have high risk of chemical or biological or physical?

15 Collection, Storage and Disposal of Biowaste and Vaccines Does the laboratory involve the collection, submission, storage of diagnostic specimens and the disposal of used/expired vaccine vials and needles?

For any livestock breeding related activities, the following Yes No Explanation screening process shall be completed.

16 Offensive Odors Is there any chance for the generation of offensive odors from improper manure management during the operation period?

17 Wastewater Management Is there any chance for discharge of wastewater/runoff from breeding farms into nearby stream/creek/ponds?

For any farming related activities, the following screening Yes No Explanation process shall be completed.

18 Water Use Is there any chance for vast amount of water usage for farming during the operation period?

19 Wastewater Management Is there any chance for discharge of runoff water from breeding farms into nearby stream/creek/ponds?

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Will the activity or any of its associated activities: Yes No Explanation

For any irrigation scheme related activities, the following Yes No Explanation screening process shall be undertaken. For potential irrigation scheme impacts relating to natural habitats, land acquisition, resettlement and livelihoods, cultural heritage or indigenous peoples/Ethnic Peoples see further screening below.

20 Affected Persons Are there people living along the drainage canal nearby to communities?

21 Water Sources Are there water sources being used for drinking, domestic or animal use?

22 Low Flow Regimes Is there alluvial cultivated land on the stream bed or along the canal susceptible to water stress due to low flow regime?

23 Flood Susceptibility Is there agriculture land along the creek vulnerable to peak flood under an extreme weather event?

24 Infrastructure Are there any bridges or infrastructure that are likely to be damaged by peak flood?

25 Fish Are there any habitats important for locally important fish species that are likely to be affected by water stress or peak flood?

26 Wildlife Are there any wildlife or wildlife habitats that are likely to be affected by water stress or peak flood?

27 Cultural Resources Are there any cultural resources that are vulnerable to peak flood conditions?

Note: (i) If Q- 1 (related to international waterways) is “Yes”, it should be informed to the Bank immediately before proceeding any process. See Section 2 above as to whether IEE/EIA is required.

ESMF Guidance:

If the answer to any of questions is “Yes” for Q-1, please prepare the required IEE or EIA study together with activity application.

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If the answer to any of questions except Q-1 is “Yes”, Please prepare an Environmental and Social Management Plan (ESMP) together with the activity application. Section 3- Natural Habitats (O.P. 4.04) Will the activity or any of its associated activities: Yes No Explanation

1 Location in Natural Habitats Be located within or near (within 50 m) natural habitats (e.g. protected area, nature reserve, conservation areas, key biodiversity area, national park, reserved forest, etc.)?

2 Degradation of Natural Habitats Cause any loss or degradation of any natural habitats or biodiversity corridor, either directly (though project works) or indirectly?

3 Human-Wildlife Conflicts Lead to increases in human-wildlife conflicts?

ESMF Guidance: If the answer to any of questions is “Yes”, Please prepare an Environmental and Social Management Plan (ESMP) together with the activity application.

Section 4- Pesticides and Agrochemicals Management (O.P. 4.07) Will the activity or any of its associated activities: Yes No Explanation

1 Increase in Pesticides Use Involve the use of pesticides or other agrochemicals or increase existing use?

2 Water Contamination Is there a possibility to cause contamination of nearby watercourses by agrochemicals and pesticides?

3 Soil Contamination Is there a possibility to cause contamination of soil by agrochemicals and pesticides? 4 Aquatic Ecosystem Pollution Is there a possibility to cause pollution of aquatic ecosystems from spillage of agrochemicals and pesticides?

5 Using Hazardous Pesticide Require pesticides that fall under WHO Classes IA, IB or II?

ESMF Guidance: If the answer to any of questions is “Yes”, Please follow both the guidance of pest management plan (Annex 4) and specific pest management plan for certain crop which have been developed1 by relevant division/department, together with activity application.

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Section 5 - Indigenous Peoples (O.P. 4.10) Will the activity or any of its associated activities: Yes No Explanation

1 Location of Ethnic Peoples Be located in or near (within 500m) areas where ethnic communities live?

2 Impact on Ethnic Groups

Have any negative impacts on Ethnic Peoples or communities? 3 Community Participation Plan Will a Community Participation Plan (CPP) be required as part of project implementation?

ESMF Guidance: If the answer to any of questions is “Yes”, Please follow the guidance under community participation planning framework (CPPF) and prepare a CPP (Annex 6).

Section 6 - Physical Culture Resources (O.P. 4.11) Will the activity or any of its associated activities: Yes No Explanation

1 Cultural Heritage Locations Is it the project to be located within or adjacent to a sensitive site (historical or archaeological or culturally significant site) or facility (e.g. Archaeological Zone (AZ), Monument Zone (MZ), Protected and Preserved Zone (PZ), Buffer Zone, National Level Cultural Heritage Region or World Heritage Sites, etc.)?

2 Spiritual Heritage Locations Locate near buildings, sacred trees or objects having spiritual values to local communities (e.g. fetish trees, memorials, graves or stones) or require excavation near there?

ESMF Guidance:

If the answer to any of questions is “Yes”, Please follow physical cultural resources management plan with the chance find procedure for physical cultural resources (Annex 5).

Section 7- Involuntary Resettlement (O.P. 4.12) Will the activity or any of its associated activities: Yes No Explanation

1 Land Acquisition Require land (Public or Private) to be acquired temporarily or permanently?

2 Displacement / Resettlement Result in the resettlement of individuals or families living in the government-owned land for the implementation of activity?

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Will the activity or any of its associated activities: Yes No Explanation

3 Loss of Livelihood Result in temporary or permanent loss of livelihoods regardless of the ownership of the land?

4 Restriction to Access Use or pose access restrictions on the land which is currently occupied or regularly used for productive purposes (e.g. gardening, farming, pasture, fishing, etc.

5 Disputed Land Is the ownership of the land on which the activity will be implemented disputed?

6 Legacy Issues Are there any resettlement or other legacy issues associated with the irrigation scheme or associated dam facility?

ESMF Guidance: If the answer to any of questions on 1 to 4 above is “Yes”, please follow the guidance under Resettlement Policy Framework and prepare an (A)RAP (Annex 7). If the answer to question 5 or 6 is yes, please do not proceed with the activity and contact PMU and WB for discussion.

Section 8 – Dam Safety (O.P. 4.37) (see also above) Will the activity or any of its associated activities: Yes No Explanation

1 Large Dam Is the irrigation scheme associated with a dam that has a height 15 meters or greater or a storage capacity of 3 million cubic meters or more?

2 Dam Safety Does the associated dam present special complexities for dam safety (for example large flood-handling requirement, location in a zone of high seismicity, foundations that are complex and difficult to prepare)?

3 Downstream Communities Are there communities downstream of the associated dam that could be at risk in the event of a dam breach or failure?

4 Dam Safety Assessment Has a dam safety assessment been completed? If not and based on the above, is a dam safety assessment required?

ESMF Guidance: If the answer to any of questions is “Yes”, Please follow the guidance under Dam Safety Framework (Annex 8).

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Section 9 – International Waterways (O.P. 7.50) Will the activity or any of its associated activities: Yes No Explanation

1 International Waterways Will the irrigation scheme utilize water from or into a river or river tributary that flows to or through or forms a border with a neighboring country?

2 Laboratories Will effluents from the proposed high-risk laboratories be discharged into an international waterway and pose a potential pollution threat downstream?

ESMF Guidance: If the answer to the above questions is “Yes”, the subproject is excluded.

Section 10- Other Environmental and Social Issues Will the activity or any of its associated activities? Yes No Explanation

1 Natural Disasters Be susceptible to or lead to increased vulnerability to earthquakes, flood/river cutting, flooding to low lying area?

2 Climate Change Lead to climate change impacts or conversely be susceptible to impacts resulting from climate change?

3 GHG Emission Result in significant increases in local or regional Green House Gas (GHG) Emissions?

4 Occupational Health and Safety Have an adverse impact upon the health and safety of the workers/ laboratory staffs / employees?

5 Community Health and Safety Increase exposure of the community to communicable disease (such as COVID-19, HIV/AIDS, Malaria), or increase the risk of traffic related accidents?

6 Child Labor Involve the use of child labor or lead to increased child delinquency (school drop-outs) or child abuse.

7 Gender Equality Likely to directly or indirectly increase gender inequalities or gender-based violence?

8 Disadvantaged or Vulnerable Individuals or Groups

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Will the activity or any of its associated activities? Yes No Explanation

Lead to any risks and impacts on, individuals or groups who, because of their particular circumstances, may be disadvantaged or vulnerable, as defined below. 9 Grievance Redress Mechanism (GRM) Result in any claims or grievances that will require redress through an appropriate GRM upon project implementation?

10 Associated Facility Does the project have any associated facilities (see definition below)?

11 Unexploded Ordinance (UXO) Is there potential history or occurrence of unexploded ordinance or land mines. Has an UXO screening been completed? (see Annex

12 Labor Influx Is there a potential for the activity to result in workers moving into the project area in search of employment?

13 Conflict Is the proposed activity in a conflict zone? Note: I Associate Facility means facilities or activities that are not funded as part of the project and, in the judgement of the Bank, are: (a) directly and significantly related to the project, (b)carried out, or planned to be carried out, contemporaneously with the project, and (c) necessary for the project to be viable and would not have been constructed, expanded or conducted if the project did not exist. (e.g., dam, access road, etc.) ii “disadvantaged or vulnerable” refers to those individuals or groups who, by virtue of, for example, their age, gender, ethnicity, religion, physical, mental or other disability, social, civic or health status, sexual orientation, gender identity, economic disadvantages or ethnic peoples status, and/or dependence on unique natural resources, may be more likely to be adversely affected by the project impacts and/or more limited than others in their ability to take advantage of a project’s benefits.

ESMF Guidance:

If the answer to any of questions is “Yes”, Please prepare an Environmental and Social Management Plan to address the specific issue together with the activity application.

If the answer to question 11 is yes, please see Annex 13.

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Section 11 - Certification

We certify that we have thoroughly examined all the potential adverse effect of this activity. To the best of our knowledge, the activity will follow the ECOPs and will prepare the additional plans as per ESMF guidance, to avoid or minimize all adverse environmental, social and health impacts.

Prepared by: (ESMF implementers or Technical Departments ES Focal Person)

______Signature:

Name: Position: Contact: Date: ------Evaluated by: (PMU ES Focal Person with the support of PMU ES Consultant)

______Signature:

Name: Position: Contact: Date: ------Approved by: (PMU Director)

______Signature:

Name: Position: Contact: Date:

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Annex 2: Environmental Codes of Practice (ECoPs)

1. Introduction To manage and mitigate potential negative environmental impacts, all activity activities will apply Environmental Codes of Practice (ECoPs); outlined in this document. The ECoPs contain specific, detailed, and tangible measures that would mitigate e potential impacts of each type of eligible/specified activity under the project. It is developed to ensure that all potential pollutions arising from the activity activities during the construction and operation stages will not cause any negative impacts on the community and the environment. The overall structure of ECoPs is described in Table 28.

Table 28: Structure of NFASP ECoPs

Annex No. Description

2a General ECoPs (or) General Guidelines applicable for any construction activities 2b Specific ECoPs (or) Technical Guidelines for main activity activities such as planning and operation of laboratories, farming and livestock breeding activities, Service activities, maintenance and rehabilitation of irrigation schemes 2c Specific ECoPs for Maintenance and Rehabilitation of Irrigation Schemes

The activity with construction activities shall comply with the general ECoPs (2a) (Table 29) and the activity with specific activities shall comply with the specific ECoPs (2b) (Tables 30- 31).

2. Responsibilities ESMF implementers and the contractors at site level are the key entities responsible for the implementation of ECOP. PMU, PMU Consultants and Technical Departments are responsible for supervision and monitoring of implementation of ECoPs.

(i) PMU/Technical Departments

The PMU is responsible for ensuring that the general ECoP is effectively implemented by the ESMF implementers/contractors during the construction period. ES Focal Person from the responsible Technical Department (DoA, DAR, IWUMD, Coops and LBVD) will be assigned to check implementation and compliance of ESMF implementers/the contractors including the following:

• Monitoring the contractor’s compliance with the ECoP. • Taking remedial actions in the event of non-compliance and/or adverse impacts. • Investigating complaints from the community, evaluating and identifying corrective measures. • Advising the contractors on improvement, awareness, and proactive control

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measures to avoid/mitigate potential negative impacts to the environment and the local communities during the construction period. ii) ESMF implementers/Contractors

ESMF implementers/ Contractors including sub-contractors are responsible for carrying out environmental prevention and mitigation measures outlined in this general ECoP. In addition, the contractors will develop, implement, and maintain construction site-specific ESMPs in line with the ESMF and GIIP including WBG EHS Guidelines. ECoP provisions will be included as part of construction contracts.

3. Environmental Codes of Practice (ECoP) Annex 2a General ECoPs for Construction Activities

Table 29: ECoPs for General Construction Measures

Issue Environmental Prevention/Mitigation Measures

1. Occupational - Contractors shall conduct site specific OHS risk assessments based on outcomes Health and Safety OHS management plans in line with the local legal requirements and WBG EHS guidelines. - Set up the construction site with sufficient supplies of clean drinking water, power, and sanitation facilities. - Mandate the use of personal protective equipment for workers as necessary (gloves, dust masks, hard hats, boots, goggles, eye, and hearing protection). - Follow the below measures for construction involving work at height (e.g. 2 meters above ground). - Do as much work as possible from the ground. - Only allow people with sufficient skills, knowledge, and experience to perform the task. Ensure that proper training and equipment for working at heights is provided. - Check that the place (e.g. a roof) where work at height is to be undertaken is safe. - Take precautions when working on or near fragile surfaces. - Clean up oil, grease, paint, and dirt immediately to prevent slipping and possible injury. - Where possible provide fall-protection measures e.g. safety harness, simple scaffolding/guard rail for works over 4 meters from ground. - Keep worksite clean and free of debris on daily basis. - Provision of first aid kit with bandages, alcohol or non-alcohol antiseptic wipes, dressings, etc. at the construction site. - Keep corrosive fluids and other toxic materials in properly sealed containers for collection and disposal in properly secured areas. - Ensure adequate toilet facilities for workers, at least one toilet compartment for every 25 workers, with separate facilities for males and females.

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Issue Environmental Prevention/Mitigation Measures

- Ensure structural openings are covered/protected adequately. - Secure loose or light material that is stored on roofs or open floors. - During heavy rains or emergencies of any kind, suspend all work. - Apply electricity good practices such as use of safe extension cords, voltage regulators and circuit breakers, labels on electrical wiring for safety measures, awareness on identifying burning smell from wires, etc. at construction sites and provision of voltage detectors, multi-meters and receptacle testers as per necessary. - Make sure workers are aware of GRM and can access it.

2. Dust Generation / - Minimize dust from exposed work sites by applying water on the ground and Air Quality roadways regularly during dry season. - Avoid burn site clearance debris (trees, undergrowth) or construction waste materials. - Keep stockpile of aggregate/sand materials covered to avoid suspension or dispersal of fine soil particles during windy days or disturbance from stray animals. - Reduce the operation hours of generators /machines /equipment /vehicles as much as possible. - Regular maintenance of generators/machines/equipment/vehicles. - Control vehicle speed when driving through community areas is unavoidable so that dust dispersion from vehicle transport is minimized.

3. Water Quality and - Activities should not affect the availability of water for drinking and hygienic Availability purposes. - No soiled materials, solid wastes, toxic or hazardous materials should be poured or thrown into water bodies for dilution or disposal. - Provision of toilets with a temporary septic tank at construction site. - The flow of natural waters should not be obstructed or diverted to another direction, which may lead to drying up of riverbeds or flooding of settlements. - Separate as best as possible concrete works in waterways and keep concrete mixing separate from drainage leading to waterways.

4. Noise - Plan activities in consultation with people living in the immediate vicinity so that noisiest activities are undertaken during periods that will result in least disturbance. - Use noise-control methods such as fences, barriers, etc. - Minimize project transportation through community areas where possible. - Maintain a buffer zone (such as open spaces, row of trees or vegetated areas) between the project site and residential areas to lessen the impact of noise to the living quarters. - Avoid doing construction works at night-time.

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Issue Environmental Prevention/Mitigation Measures

5. Soil Erosion - Schedule construction activities during dry season as much as possible. - Contour and minimize length and steepness of slopes if any. - Use mulch, grasses or compacted soil to stabilize exposed areas. - Cover with topsoil and re-vegetate (plant grass, fast-growing plants/trees) construction areas quickly once work is completed.

6. Hazardous and - Segregate construction waste as recyclable, hazardous and non-hazardous waste. Non-hazardous - Collect, store and transport construction waste to appropriately designated/ Waste controlled dump sites. - On-site storage of wastes prior to final disposal (including earth dug for foundations) should be at least 50 meters from rivers, streams, lakes and wetlands. - Use secured area for refueling and transfer of other toxic fluids distant from settlement area (and at least 50 meters from drainage structures and from important water bodies); ideally on a hard/non-porous surface.36 - Store fuels, oils and chemicals safely in areas with impermeable ground with roods and surrounding banks. - Train workers on correct transfer and handling of fuels and other substances and require the use of gloves, boots, aprons, eyewear and other protective equipment for protection in handling highly hazardous materials. - Collect and properly dispose of small amount of maintenance materials such as oily rags, oil filters, used oil, etc. Never dispose spent oils on the ground and in water courses as it can contaminate soil and groundwater (including drinking water aquifer). - After each construction site is decommissioned, all debris and waste shall be cleared.

7. Community Health - Rope off construction area and secure materials stockpiles/ storage areas from and Safety the public and display warning signs including at unsafe locations. - Do not allow children to play in and around construction areas. - If school children are in the vicinity, include traffic safety personnel to direct traffic during school hours, if needed. - Control driving speed of vehicles particularly when passing through community or nearby school, health center or other sensitive areas. - Fill in all earth borrow-pits once construction is completed to avoid standing water, water-borne diseases and possible drowning. - Avoid occurring labor influx around construction sites. - Avoid working at night. - Recommend hiring construction labor from nearby communities. - Inform communities on the gender-based violence policy (GBV).

36https://www1.agric.gov.ab.ca/$department/deptdocs.nsf/ba3468a2a8681f69872569d60073fde1/6dae2268 4f2a1f3b87257df8006438ec/$FILE/farm-fuel-storage.pdf

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Issue Environmental Prevention/Mitigation Measures

- Make sure that the community is aware of GRM and can access it. - 8. Worker Code of - Provide training to workers on code of conduct. Conduct - Ensure all workers have read and agreed to the code of conduct and have signed it.

9. Cultural Heritage - No disturbance of cultural or historic sites. - If any archaeological site, historical site, remains or objects are found during excavation or construction, chance find procedures shall proceed immediately.

10. Other - No cutting of trees or destruction of vegetation other than on construction site. - If any cutting down of trees for land clearance of the construction site, at least the same number of trees should be compensated to plant in other available area. - No hunting, fishing, capture of wildlife or collection of plants. - No use of unapproved toxic materials including lead-based paints, un-bonded asbestos, etc.

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Annex 2b. Specific ECoPs for Major Subproject Activities

Table 30: ECoPs for Subproject Activities

A. Planning and Operation of Laboratories37 Environmental Prevention/Mitigation Measures - Ensure the installation of ventilation control facilities/system (e.g. fume cupboard) if necessary, based on the type of tests/analysis and nature of chemical use, and that inspections and maintenance of such facilities are performed on a regular basis. - Where practicable, connect fume cupboard fans to an uninterruptible power supply so that hazardous vapors and gases will be exhausted in the event of a power failure. - Provide sufficient space (e.g. a separate storeroom) or facilities (e.g. storage cabinets with internal partitions) so that incompatibles chemicals can be physically separated. - Install emergency eyewash stations / safety shower in case of a worker’s body or eyes coming into contact with harmful substances. - Ensure all wastewater generated from laboratory analysis is disposed either after passing preliminary wastewater treatment process or to an authorized waste handler. - Ensure having separate waste bins for separate hazardous and non-hazardous waste and appropriate method of disposal is used for each type of waste. - Ensure proper handling, storage and disposal of all bio-waste and spent/expired vaccines. - Equip fired alarm system and firefighting equipment are installed at the laboratory including the chemical storeroom. - Ensure the use of appropriate PPE such as safety googles, respirator, covered shoes, chemical-resistant gloves and apron, hearing protection etc. as recommended by manufacturer safety data sheet (MSDS) of each type of chemical during handling. - Make sure all staffs are aware of GRM and they can access it. - Conduct awareness trainings including PPE usage for the safety of laboratory personnel.

B. Farming Activities Environmental Prevention/Mitigation Measures - Avoid introduction of invasive or non-native species. - Avoid resettlement and when not avoidance, minimize and manage and mitigate. - Use sustainable agricultural practices / approaches / technologies. - (e.g., Agroforestry Practices, Polycultures and Crop rotation, Integrated Pest Management (encouraging the predators of crop-eating pest insects such as birds and bats), etc.) - Reduce top-soil losses from erosion and the reduction in soil fertility. - (Cover Crops and Mulches (Establishing leguminous ground cover and applying plant residues), Grass Barriers (planting grass in strips along the contour lines), etc.) - Induce conservation and efficient use of water. - Reduce misuse of agrochemicals, contributing to a reduction of toxic substances in soil and water. - Reduce usage of pesticides and promote integrated pest management approaches recommended by DOA.

37Construction activities of laboratory shall follow general guidelines mentioned in Annex 2a.

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- Reduce, recycle and reuse agricultural waste (natural, animal, plant waste).

C. Livestock Breeding Activities Environmental Prevention/Mitigation Measures WBG Environmental, Health and Safety Guidelines for Mammalian Livestock Production and Good Animal Husbandry Practices (GAHP) of LBVD will be applied among others (but not limited to):

- Fence off water bodies from grazing animals. - Increase the carbon to nitrogen ratio in feeds to reduce methane and nitrous oxide production. - Promote efficient storage, handling and use of feed by maintaining records of feed purchases and livestock feed use. - Use covered or protected feeders to prevent feed from exposure to rain and wind. - Consider mixing of waste feed with other recyclable materials destined for use as fertilizer, or else consider incineration or land disposal options. - Grind feed to increase utilization efficiency by the animals, allowing the use of less feed and thereby reducing the amount of manure generated (as well as increasing the production efficiency). - Ensure production and manure storage facilities are constructed to prevent urine and manure contamination of surface water and groundwater (e.g. use concrete floors, collect liquid effluent from pens, and use roof gutters on buildings to collect and divert clean storm water). - Control the temperature, humidity, and other environmental factors of manure storage to reduce methane and nitrous oxide emissions. This may involve use of closed storage tanks or maintaining the integrity of the crust on open manure storage ponds / lagoons. - Keep waste as dry as possible by scraping wastes instead of, or in addition, to flushing with water to remove waste. - Locate manure stacks and urine away from household area, water bodies, floodplains, wellhead fields, or other sensitive habitats. - Regularly collect and store manure for composting and later application to fields to reduce noxious odors and to limit spread of pathogens. - Conduct manure spread only as part of well-planned strategy that considers potential risks to health and the environmental due to the presence of chemical and biological agents as well as nutrient balance in an agricultural setting. Ensure that manure is applied to agricultural land only during periods that are appropriate for its use as plant nutrient (generally just before the start of the growing season). - Regular cleaning of livestock sheds and feeding pens. - Reduce the amount of water used during cleaning (e.g. by using high-pressure, low-flow nozzles) - Improve the productivity and efficiency of livestock production (thus lowering the methane emissions per unit of livestock) through improvements in nutrition and genetics. - Use mechanical controls (e.g. traps, barriers, light, and sound) to kill, relocate, or repel pests. - Consider covering manure piles with geotextiles (which allow water to enter the pile and maintain composting activity) to reduce fly populations. - Promote conditions for natural predators to control pests. Protect natural enemies of pests by providing a favorable habitat (e.g. bushes for nesting sites and other native vegetation) that can house pest predators. - Reduce mortalities through proper animal care and disease prevention. - Any sick or injured animals should be treated or cared for to alleviate pain and distress as soon as practically possible, including being isolated or humanely destroyed if necessary.

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- Animals should be confirmed dead before disposal, and any still alive should be euthanized immediately. Dead animals should be removed promptly and disposed of appropriately. - Identify and contain sick animals and develop containment and cully procedures for adequate removal and disposal of dead animals in accordance with the guidance from LBVD.

D. Service Activities (Trainings, Workshop, Awareness, Demonstration, Survey, Research, etc.) Environmental Prevention/Mitigation Measures - Customize the design of materials such as pamphlets, questionnaires, etc. to be easily understand by locals and ethnic groups. - Recommend use of materials with graphic illustrations or pictures and with clear messages. - Encourage the provision of services with verbal communication in local major language. - Explicitly state zero tolerance for sexual harassment, exploitation, and abuse during provision of service.

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Annex 2c. Specific ECoPs for Maintenance and Rehabilitation of Stage 1a/1b Irrigation Schemes

Table 31: ECoPs for Irrigation Schemes

Issue Environmental Prevention/Mitigation Measures

General - The Contractor and his employees shall adhere to the mitigation measures set down in these specifications to prevent harm and nuisances on local communities, and to minimize the impacts in construction and operation on the environment. - Remedial actions which cannot be effectively carried out during construction should be carried out on completion of the works (and before issuance of the acceptance of completion of works): - All affected areas should be landscaped, and any necessary remedial works should be undertaken without delay, including establishment of vegetative cover and reforestation; - Water courses should be cleared of debris and drains and culverts checked for clear flow paths; - All sites should be cleaned of debris and all excess materials properly disposed; and - Borrow pits should be restored.

Construction Activities The following information is intended solely as broad guidance to be used in and Environmental conjunction with local and national regulations. Before initiation of construction Rules for Contractors activities, the Contractor shall present the Project Engineer with a Construction

Plan which explicitly states how he plans to abide by these specifications. After approval of such Plan by the Project Engineer/Manager, construction activities can proceed.

Prohibitions The following activities are prohibited on or near the project site: - Cutting of trees for any reason outside the approved construction area. - Hunting, fishing, wildlife capture, or plant collection. - Use of unapproved toxic materials, including lead-based paints, asbestos, etc. - Disturbance to anything with architectural or historical value. - Building of fires. - Use of firearms (except authorized security guards). - Use of alcohol by workers. - Unauthorized disposal of project related wastes. - Contact with local communities.

Transport - The Contractor shall use selected routes to the project site, as agreed with the Project Engineer and appropriately sized vehicles suitable to the class of

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roads in the area, and shall restrict loads to prevent damage to local roads and bridges used for transportation purposes. The Contractor shall be held responsible for any damage caused to local roads and bridges due to the transportation of excessive loads and shall be required to repair such damage to the approval of the Project Engineer. - The Contractor shall not use any vehicles, either on or off road with excessive exhaust or noise emissions. In any built-up areas, noise mufflers shall be installed and maintained in good condition on all motorized equipment under the control of the Contractor. - Adequate traffic safety control measures shall be maintained by the Contractor throughout the duration of the Contract and such measures shall be subject to prior approval of the Project Engineer.

Workforce and Camps - Siting and operation of work camps should be undertaken in consultation with neighboring communities. - To the best extent possible, work camps should not be located in close proximity to local communities. - Local communities should be consulted to identify and pro-actively manage any potential conflicts between the project workforce and local people. - The Contractor should recruit unskilled or semi-skilled workers from local communities to the best extent possible. Where and when feasible, training of workers should be provided to enhance participation of local people. All employees should be given appropriate training and equipment needed for worker health and safety. - The Contractor shall provide an adequate number of lavatory facilities (toilets and washing areas) based on the number of people expected to work in the work site. Toilet facilities should also be provided with adequate supplies of hot and cold running water, soap, and hand drying devices. - The Contractor shall install and maintain a temporary septic tank system for any residential labor camp and without causing pollution of nearby watercourses. - The Contractor shall establish a method and system for storing and disposing of all solid wastes generated by the labor camp and/or base camp. - The Contractor shall not allow the use of fuel wood for cooking or heating in any labor camp or base camp and provide alternate facilities using other fuels. - The Contractor shall ensure that site offices, depots, asphalt plants and workshops are sited in appropriate areas as approved by the Project Engineer and not within 500 m of existing residential settlements and not within 1,000 m for asphalt plants. - The Contractor shall ensure that site offices, depots and particularly storage areas for fuel and chemicals are not located within 50 m of watercourses, and are operated so that no pollutants enter watercourses, either overland

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or through groundwater seepage, especially during periods of rain. This will require lubricants to be recycled and a perimeter ditch to be constructed around the area with an approved settling pond/oil trap at the outlet. - The contractor shall not use fuel wood as a means of heating during the processing or preparation of any materials forming part of the construction works.

Waste Management Solid, sanitary and, hazardous wastes must be properly controlled, through the implementation of the following measures: - Prepare a waste management plan. - Minimize the production of waste that must be treated or eliminated. - Identify and classify the type of waste generated. If hazardous wastes are generated, proper procedures must be taken regarding their storage, collection, transportation, and disposal. - Identify and demarcate waste disposal areas clearly indicating the specific materials that can be deposited in each. - Control placement of all construction waste (including earth cuts) to approved disposal sites (>300 m from rivers, streams, lakes, or wetlands). - Dispose in authorized areas all of garbage, metals, used oils, and excess material generated during construction, incorporating recycling systems and the separation of materials.

Dredge Spoil Disposal - A dredge material disposal plan shall be prepared, including special guidelines for the handling of contaminated dredge spoil. - Dredge material identified as contaminated will need special handling, transportation, and disposal. For guidance see ICTAD Publications: SCA/3/3; EPA guidelines on dredged material - Dredge spoil material that is uncontaminated should be either dumped on- site for canal/lake bank stabilization or removed to a landfill/dumpsite designated by the Project Engineer.

Erosion and Sediment - Disturb as little ground area as possible, stabilize that area as quickly as Control possible, control drainage through the area, and trap sediment onsite. Erect erosion control barriers around perimeter of cuts, disposal pits, and roadways. - Conserve topsoil with its leaf litter and organic matter and reapply this material to local disturbed areas to promote the growth of local native vegetation. - Apply local, native grass seed and mulch to barren erosive soil areas or closed construction surfaces. - Apply erosion control measures before the rainy season begins preferably immediately following construction. Install erosion control measures as each construction site is completed.

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- In all construction sites, install sediment control structures where needed to slow or redirect runoff and trap sediment until vegetation is established. Sediment control structures include windrows of logging slash, rock berms, sediment catchment basins, straw bales, brush fences, and silt. - Control water flow through construction sites or disturbed areas with ditches, berms, check structures, live grass barriers, and rock - Maintain and reapply erosion control measures until vegetation is successfully established. - Spray water on dirt roads, cuts, fill material and stockpiled soil to reduce wind-induced erosion, as needed.

Earthworks, Cut and Fill - All earthworks shall be properly controlled, especially during the rainy Slopes season. - The Contractor shall maintain stable cut and fill slopes at all times and cause the least possible disturbance to areas outside the prescribed limits of the construction works. - The Contractor shall complete cut and fill operations to final cross-sections at any one location as soon as possible and preferably in one continuous operation to avoid partially completed earthworks, especially during the rainy season. - In order to protect any cut or fill slopes from erosion, in accordance with the drawings, cut off drains and toe-drains shall be provided at the top and bottom of slopes and be planted with grass or other plant cover. Cut off drains should be provided above high cuts to minimize water runoff and slope erosion. - Any excavated cut or unsuitable material shall be disposed of in designated disposal areas as agreed to by the Project Engineer. - Disposal sites should not be located where they can cause future slides, interfere with agricultural land or any other properties, or cause soil from the dump to be washed into any watercourse. Drains may need to be dug within and around the tips, as directed by the Project Engineer.

Stockpiles and Borrow - Operation of a new borrowing area, on land, in a river, or in an existing area, Pits shall be subject to prior approval of the Project Engineer, and the operation shall cease if so, instructed by the Project Engineer. - Borrow pits shall be prohibited where they might interfere with the natural or designed drainage patterns. - River locations shall be prohibited if they might undermine or damage the riverbanks or carry too much fine material downstream. - The Contractor shall ensure that all borrow pits used are left in a trim and tidy condition with stable side slopes and are drained ensuring that no stagnant water bodies are created which could breed mosquitoes.

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- Rock or gravel taken from a river shall be far enough removed to limit the depth of material removed to one-tenth of the width of the river at any one location, and not to disrupt the river flow, or damage or undermine the river banks. - The location of gravel crushing plants shall be subject to the approval of the Project Engineer, and not be close to environmentally sensitive areas or to existing residential settlements and shall be operated with approved fitted dust control devices. In any borrow pit and disposal site, the Contractor shall: - Identify and demarcate locations for stockpiles and borrow pits, ensuring that they are 15 m away from critical areas such as steep slopes, erosion- prone soils, and areas that drain directly into sensitive water bodies - Limit extraction of material to approved and demarcated borrow pits. - Stockpile topsoil when first opening the borrow pit. After all usable borrow has been removed, the previously stockpiled topsoil should be spread back over the borrow area and graded to a smooth, uniform surface, sloped to drain. On steep slopes, benches or terraces may have to be specified to help control erosion. - Excess overburden should be stabilized and re-vegetated. Where appropriate, organic debris and overburden should be spread over the disturbed site to promote revegetation. Natural re-vegetation is preferred to the extent practicable. - Existing drainage channels in areas affected by the operation should be kept free of overburden. - Once the job is completed, all construction -generated debris should be removed from the site.

Maintenance - Identify and demarcate equipment maintenance areas (>15 m from rivers, streams, lakes or wetlands). - Ensure that all equipment maintenance activities, including oil changes, are conducted within demarcated maintenance areas; never dispose spent oils on the ground, in water courses, drainage canals or in sewer systems. - All spills and collected petroleum products shall be disposed of in accordance with standard environmental procedures/guidelines. - Fuel storage and refilling areas shall be located at least 50 m from all cross- drainage structures and important water bodies or as directed by the Project Engineer.

Disposal of - The Contractor shall establish and enforce daily site clean-up procedures, Construction and including maintenance of adequate disposal facilities for construction debris Vehicle Waste - Debris generated due to the dismantling of the existing structures shall be

suitably reused, to the extent feasible, in the proposed construction (e.g. as fill materials for embankments). The disposal of remaining debris shall be

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carried out only at sites identified and approved by the Project Engineer. The contractor should ensure that these sites (a) are not located within designated forest areas; (b) do not impact natural drainage courses; and (c) do not impact endangered/rare flora. Under no circumstances shall the contractor dispose of any material in environmentally sensitive areas. - In the event any debris or silt from the sites is deposited on adjacent land, the Contractor shall immediately remove such, debris or silt and restore the affected area to its original state to the satisfaction of the Project Engineer. - All arrangements for transportation during construction including provision, maintenance, dismantling and clearing debris, where necessary, will be considered incidental to the work and should be planned and implemented by the contractor as approved and directed by the Project Engineer.

Hazardous Materials - If the construction site is expected to have or suspected of having hazardous and Waste materials (asbestos containing materials in debris from demolished buildings) the Contractor will be required to prepare a Hazardous Waste Management Plan. To be approved by the Project Engineer. - The plan should be made available to all persons involved in operations and transport activities. - Removal and disposal of existing hazardous wastes in project sites should only be performed by specially trained personnel following national or provincial requirements, or internationally recognized procedures.

Worker and The Contractor’s responsibilities include the protection of every person and Community Safety nearby property from construction accidents. The Contractor shall be during Construction responsible for complying with all national and local safety requirements as well

as Bank Environmental, Health and Safety guidelines and any other measures necessary to avoid accidents, including the following: - Carefully and clearly mark pedestrian-safe access routes. - If school children are in the vicinity, include traffic safety personnel to direct traffic during school hours. - Maintain supply of supplies for traffic signs (including paint, easel, sign material, etc.), road marking, and guard rails to maintain pedestrian safety during construction. - Conduct safety training for construction workers prior to beginning work. - Provide personal protective equipment and clothing (goggles, gloves, respirators, dust masks, hard hats, hearing protection, steel-toed and – shanked boots, etc.,) for construction workers and enforce their use. - Post Material Safety Data Sheets (MSDS) for each chemical present on the worksite. - Require that all workers read, or are read, all Material Safety Data Sheets. Clearly explain the risks to them and their partners, especially when

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pregnant or planning to start a family. Encourage workers to share the information with their physicians, when relevant. - Ensure that the removal of asbestos-containing materials or other toxic substances be performed and disposed of by specially trained workers. - During heavy rains or emergencies of any kind, suspend all work. - Brace electrical and mechanical equipment to withstand seismic events during the construction.

Nuisance and Dust To control nuisance and dust the Contractor should: Control - Maintain all construction-related traffic at or below 15 mph on streets within 200 m of the site.

- Maintain all on-site vehicle speeds at or below 10 mph. - To the extent possible, maintain noise levels associated with all machinery and equipment at or below 90 db. - In sensitive areas (including residential neighborhoods, hospitals, rest homes, etc.) more strict measures may need to be implemented to prevent undesirable noise levels. - Production of dust and particulate materials shall be minimized at all times, to avoid impacts on surrounding families and businesses, and especially to vulnerable people (children, elders). - Phase removal of vegetation to prevent large areas from becoming exposed to wind. - Place dust screens around construction areas, paying particular attention to areas close to housing, commercial areas, and recreational areas. - Spray water as needed on dirt roads, cut areas and soil stockpiles or fill material. - Apply proper measures to minimize disruptions from vibration or noise coming from construction activities.

Demolition of Existing The Contractor shall implement adequate measures during demolition of Infrastructure existing infrastructure to protect workers and public from falling debris and flying objects. Among these measures, the Contractor shall:

- Set aside a designated and restricted waste drop or discharge zones, and/or a chute for safe movement of wastes from upper to lower levels - Conduct sawing, cutting, grinding, sanding, chipping or chiseling with proper guards and anchoring as applicable. - Maintain clear traffic ways to avoid driving of heavy equipment over loose scrap. - Use of temporary fall protection measures in scaffolds and out edges of elevated work surfaces, such as handrails and toe boards to prevent materials from being dislodged.

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- Evacuate all work areas during blasting operations and use blast mats or other means of deflection to minimize fly rock or ejection of demolition debris if work is conducted in proximity to people or structures. - Inform all communities in the event blasting is to be conducted. - Provide all workers with safety glasses with side shields, face shields, hard hats, and safety shoes.

Community Relations To enhance adequate community relations the Contractor shall:

- Consult with local communities on the siting of work camps; especially with respect to potential local-outsider conflicts. (See section on work camps). - Raise local community awareness about sexually transmitted disease risks associated with the presence of an external workforce and include local communities in awareness activities. - Inform the population about construction and work schedules, interruption of services, traffic detour routes and provisional bus routes, blasting and demolition, as appropriate. - Limit construction activities at night. When necessary ensure that night work is carefully scheduled, and the community is properly informed so they can take necessary measures. - At least five days in advance of any service interruption (including water, electricity, telephone, bus routes) the community must be advised through postings at the project site, at bus stops, and in affected homes/businesses. - Enforce the worker code of conduct (see Annex 13 of this ESMF).

Physical Cultural If the Contractor discovers archaeological sites, historical sites, remains and Property Chance-finds objects, including graveyards and/or individual graves during excavation or Procedures construction, the Contractor shall:

- Stop the construction activities in the area of the chance find. - 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 supervisory Engineer who in turn will notify the responsible local authorities and the National Culture Administration immediately (within 24 hours or less). - Responsible local authorities and the National Culture Administration will be in charge of protecting and preserving the site before deciding on subsequent appropriate procedures. This would require a preliminary

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evaluation of the findings to be performed by the archaeologists 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 National Culture Administration. This could include changes in the layout (such as when finding an irremovable remain of cultural or archaeological 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. - Construction work could resume only after permission is given from the responsible local authorities or National Culture Administration concerning safeguard of the heritage.

Health Services, - The Contractor shall provide basic first aid services to the workers as well as HIV/Aids emergency facilities for emergencies for work related accidents, including as Education/COVID-19 medical equipment suitable for the personnel, type of operation, and the

degree of treatment likely to be required prior to transportation to hospital. - The Contractor shall be responsible for implementing an awareness program, including a voluntary option for the detection screening of sexually transmitted diseases, especially with regard to HIV/AIDS, amongst employees. Appropriate educational and training measures to raise awareness and measures to be taken among employees, in work camps, and in neighboring local communities about sexually transmitted diseases and the avoidance and mitigation of malaria and dengue fever should be carried out. - The contractor shall also undertake actions to raise awareness about COVID- 19 and implement measures to avoid transmission of COVID-19 to project workers and nearby communities. - The Contractor shall include in his proposal the outline of a Health Plan. The Project Engineer will issue a certificate of compliance to the Contractor prior to the initiation of Construction.

Environmental - The Project Engineer will supervise compliance with these specifications and Supervision During report to the PMU in writing at least on quarterly basis. Major non- Construction compliance by the Contractor will be cause for suspension of works and other penalties until the non-compliance has been resolved to the satisfaction of the Project Engineer. - Contractors are also required to comply with national and municipal regulations governing the environment, public health, and safety.

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Annex 3: Guidelines for Preparation of Environmental and Social Management Plan (ESMP)

Objective of Preparation of the ESMP

As a result of safeguard screening process in Annex 1, a project activity may need to prepare an Environmental and Social Management Plan (ESMP) depending upon potential environmental and social risks and impacts caused by the activity. In accordance with the World Bank Guideline OP 4.01, the EA process involves the identification and development of measures aimed at eliminating, offsetting, and/or reducing environmental and social impacts to levels that are acceptable during project implementation and operation. The ESMP plays a vital role in evaluating the EA results and provides guidance and direction to mitigate and manage project related environmental and social impacts.

Table of Contents of the ESMP

The following are the minimum contents that must be included during preparation of the ESMP, although other components may be added depending upon the project context and nature of environmental and social impacts. When initiating an ESMP refer to the structure of the Table of Contents for guidance to its scope and content as shown below in Table 32.

Brief Description of Each Section of the ESMP Introduction

Activity Description and ESMP Scope and Development In this section of the ESMP, a project description is provided activity including its coordinates and location, size and scale, project type, project layout map, and a brief baseline of the surrounding environment and social context. The objective and scope of the ESMP are also described.

Integration of ESMP The ESMP should be specific in its description of the individual mitigation and monitoring measures and its assignment of institutional responsibilities. It must be fully integrated into the project's overall planning, design, budget, and implementation so that it will receive funding and supervision along with the other project components.

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Table 32: Proposed Table of Contents for an ESMP

Table of Contents

1 Introduction 1.1 Activity Description 1.2 ESMP Scope and Development 1.3 Integration of ESMP

2 Potential Environmental and Social Impact Identification 2.1 Environmental Impacts 2.1.1 Air Pollution 2.1.2 Water and Wastewater Pollution 2.1.3 Solid Waste 2.1.4 Noise 2.1.5 Odor 2.1.6 Construction Impacts 2.1.7 Etc.2.2 Social Impacts 2.2.1 Occupational Health and Safety (OHS) 2.2.2 Community Health and Safety (CHS) 2.2.3 Conflicts 2.2.4 Gender Based Violence 2.2.5 Labor Influx

3 Environmental and Social Management Plan 3.1 Proposed Mitigation Measures Tables 3.2 Monitoring Plan 3.3 Contractors ESMP 4 ESMP Implementation 4.1 Institutional Arrangement 4.2 ESMP Monitoring and Reporting 4.3 Schedule and Implementation Budget 4.4 Stakeholder Engagement Plan 4.5 Disclosure and Consultation 4.6 Grievance Redress Mechanism

5 Capacity Development and Training 5.1 Capacity Development 5.2 Training 5.3 Civil Works

6. Timeline and Cost 6.1 ESMP Timeline 6.2 ESMP Cost

Appendix A: Monitoring Checklist Appendix B: Physical Cultural Resources Management Plan (if necessary) Appendix C: Pest Management Plan (if necessary) Appendix D: Resettlement Action Plan (if necessary) Appendix E: Ethnic Peoples Plan/ Community Participation Plan (CPP) (if necessary) Other Plans, or Assessments, as necessary.

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Environmental and Social Management Plan

An activity’s environmental social management plan (ESMP) consists of the set of mitigation, monitoring, and institutional measures to be taken during implementation and operation following the mitigation hierarchy to avoid, minimize, rehabilitate/restore or offset or compensate impacts reduce, to acceptable levels In a site specific ESMP, the detail sub-plans such as waste management plan, OHS management plan, construction site management plan, transport management plan, environmental monitoring plan, etc. shall be prepared accordingly with the proposed activities at each site as per Chapter 3 of the ESMP.

Proposed Mitigation Measures Table

Typically, the ESMP identifies feasible and cost-effective measures that may avoid, minimize, restore, or offset potentially significant adverse environmental impacts to acceptable levels. The plan may include compensatory measures, if specified. The mitigation measures table describe search residual impact result following the application of mitigation measures, including the type of impact to which it relates and the conditions under which it is required (e.g., continuously or in the event of contingencies). The measures in the table also provides linkages with any other management plans (e.g., for involuntary resettlement, ethnic peoples, or cultural property) required for the activity (see Section 3.1).

Monitoring Plan

A monitoring plan shall be prepared to document compliance with national standards and World Bank requirements. The monitoring plan should give details of the following information but not limited to the following: proposed mitigation measure to be monitored, parameters to be monitored, measurements (including methods & equipment), frequency of measurement, monitoring location, compliance standard, etc.

Contractor ESMP

The Contractor is required to prepare a Contractor Environmental and Social Management Plan (CESMP) for the project works, which shall be aligned with this ESMP and the technical specifications of the bid documents. Moreover, the contractor shall be obliged to develop the detailed management sub-plans for construction period as per necessary in the CESMP and to implement and maintain these plans. As per contract provisions, contractors should ensure that local recruitment shall be committed to, depending on the different skill types needed, to increase work opportunities for the local labor force. Moreover, the contractor shall follow relevant labor laws, including those related to child labor. Also, the Contractor, at their cost, shall provide ESMF training to local workers to meet the requirement of civil works. The CESMP is needed when activities are carried out by the contractor together with other project activities such as, procurement, services, construction, and equipment installation. Under NFASP, the Contractor will comply with the ECoPs for construction activities (2a) and the ECoPs for other specific activities (2b) and these shall be incorporated into the CESMP

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ESMP Implementation

Institutional Arrangements

When the ESMP is implemented, it is very important to know who will take which responsibility and when, in the respective project roles. It is important that these institutional arrangements are formalized during the initial preparation stages of the ESMP. Institutional arrangements should include (a) an organizational chart indicating key roles and responsibilities, (b) an environmental and social management division/section of organization detailing organizational structure, roles and responsibilities, staffing and its relationship to corporate management and to project contractors and (c) contractors/operators and their roles and responsibilities in terms of environmental and social management, including subcontractors and third party suppliers.

ESMP Monitoring and Reporting

This section is required to document the performance of ESMP implementation and to assess the effectiveness of the mitigation measures performed for each project activity. The monitoring and reporting section describe (1) information to be reported, (2) frequency of reporting, (3) responsible person to report.

Schedule and Implementation Budget

For all three aspects (mitigation, monitoring, and capacity development), the ESMP provides (a) an implementation schedule (timing, frequency and duration) for measures that must be carried out as part of the activity and (b) the capital and recurrent cost estimates and sources of funds for implementing the ESMP.

Stakeholder Engagement Plan

This section identifies the stakeholders to be engaged and describes the engagement plan at each phase of activity with the respective targets for each stakeholder to engage.

Disclosure and Consultation

When the activity specific ESMP is prepared, the ESMP is required to be disclosed to the related stakeholders and to arrange consultations with the related stakeholders for the purpose of communicating key messages of the ESMP and allowing related stakeholders a chance to propose their concerns and complaints into the ESMP. This section describes the information but not limited to the following: (1) list of participating stakeholders, (2) timeframe, (3) medium used (language and interpretation), (4) comments and suggestion, and (5) reflections back on the ESMP.

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Grievance Redress Mechanism (GRM)

To provide a transparent and credible process to all affected and responsible parties, resulting in the outcomes that are seen as fair, effective and lasting, preparation of a grievance response mechanism (GRM) is an important part of the ESMP. The GRM addresses any complaints and concerns arising during project implementation. This section should include grievance redress procedure (mainly; receive complaints, investigate/enquire, respond and resolve, and follow up/close out). The details of (1) arrangement of complaints, (2) institutional arrangement for the GRM (can be integrated and presented in the Institutional Arrangement chapter), (3) time frame of each process, (4) media and language using at each stage should present (see Section 10 of this ESMF).

Capacity Development and Training

To support timely and effective implementation of ESMP, the ESMP should describe staffing and training requirements for workers at the site level. This section covers one or more of the following additional topics: (a) technical assistance programs, (b) procurement of equipment and supplies, and (c) organizational changes.

Monitoring Checklist

A checklist shall be prepared to monitor the proposed mitigation measures at each phase of the activity including the date of performed, status of the environmental/social issues to be monitored (Resolve or Ongoing) and the name and position of the person who inspect.

Physical Cultural Resources Management Plan (PCRMP)

This section should refer to the PCRMP describing chance find procedure of this ESMF and describes a physical cultural resources management plan that includes (a) measures to avoid or mitigate any adverse impacts on physical cultural resources; (b) provisions for managing chance finds; (c) any necessary measures for strengthening institutional capacity for the management of physical cultural resources; and (d) a monitoring system to track the progress of these activities, (e) implementation budget.

Pest Management Plan (PMP)

This section should refer to the guidance for the pest management plan of this ESMF (see Annex 4) and prepares a specific pest management plan for certain crop/for proposed activity by identifying elements of the plan such as health and environmental safety, pest identification, and pest management, as well as pesticide storage, transportation, use and disposal. Resettlement Action Plan (RAP)

This section should refer to resettlement policy framework of this ESMF (see Annex 7). The resettlement action plan should at least include the following information – (a) a census

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Community Participation Plan (CPP)

This section should refer to community participation plan framework of this ESMF (see Annex 6). The community participation plan for Ethnic Peoples should at least include the following: (a) baseline information on the demographic, social, cultural, and political characteristics of the affected Ethnic Peoples’ communities, the land and territories that they have traditionally owned or customarily used or occupied, and the natural resources on which they depend, (b) social assessment summary, (c) an action plan of measures to ensure that the Ethnic Peoples receive social and economic benefits that are culturally appropriate, including, if necessary, measures to enhance the capacity of the project implementing agencies, (d) cost estimates and financing plan, (e) procedures to address grievance by the affected Ethnic Peoples’ communities arising from the project implementation and (f) mechanisms and benchmarks appropriate to the project for monitoring, evaluating and reporting on the implementation of the CPP.

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Annex 4: Guidelines for a Pest Management Plan

Introduction

The project (NFASP) is not intended to promote the use or finance procurement of chemical fertilizers or pesticides. However, increases in the production of agricultural crops is likely to increase pest incidence and lead to a rise in use of pesticides or agrochemicals. Pest control measures are required without having any impact on humans or the environment. This guideline aims to provide guidance for preparation of a pest management plan aligned with the safeguard issues of OP 4.09. This guideline shall be applied to any project activity which is likely to promote the use of pesticides. In addition to this guideline, specific pest management plan for certain crops may be developed under each implementing division. The guidelines for pest management plan comprises the following four aspects: (i) application of government regulations on pesticide control, (ii) key impacts of pesticides and mitigation measures, (iii) training on safe use of chemicals and (iv) monitoring.

Application of Government Regulations related to Pesticides

Pesticide Law in Myanmar was firstly enacted in 1990 and has been amended in 2016. The law prescribes the principles, powers and duties of governing authority, rules, and measures to be complied by the pesticide users. In accordance with the chapter (11), section (26) of the pesticide law (2016), the user of pesticide shall:

• Comply with the instruction for use of the pesticide. • Comply with pesticide safety guidelines published by DOA from time to time. • Neither keep pesticides in close proximity to foodstuffs, nor within easy reach of children. • Comply with the methods of disposal and destruction of the used empty pesticide container and packaging materials in accordance with the directive of DOA. • Comply with the educational directives published from time to time by DOA concerning use of pesticides in the cultivated fields and the storage of harvested crops.

In line with the Chapter (14), the following prohibitions are described in section (31) to section (38) of the pesticide law (2016).

31. No one shall, import or export the pesticide and active ingredient without a permit of the Registration Board. 32. No one shall, without a license, engage in an enterprise of formulating and selling of active ingredients imported from abroad as a pesticide or of repacking and selling of the pesticide imported into the country or of the retail and wholesale of the pesticide and of its fumigation.

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33. No one shall use the pesticide or active ingredient, apart from suppressing of outbreak of pests, in crops, foodstuffs or beverages consumed by the public. No one shall use the pesticide or active ingredient to catch or kill any creature. 34. No one shall employ children of 18 years and under, pregnant woman or nursing mothers in handling or in use of the pesticide. 35. Whoever using the pesticide shall not affect the environment or anyone by violating any condition of section 26. 36. Whoever using the pesticide shall be punished under the Penal Code when causing to occur the loss of life to anyone by violating section 26. 37. No one shall use other types of the pesticide and application methods other than types of the pesticide and application methods prescribed by the Registration Board in the storage of crops. 38. No one shall offer for sale or transport the pesticide along with foodstuffs.

In exercise of the powers and duties conferred under section (47), subsection (B) of the Pesticide Law (2016), the Pesticide Registration Board (PRB) has banned 50 types of pesticides with the Notification No (06 / 2019), dated on 16-10-2019. List of banned pesticides in Myanmar are as follows:

• Insecticides: Aldrin, Aldicarb, Alpha Hexachlorocyclohexane, Beta Hexachlorocyclohexane (BHC), Chlordimeform, Chlordane, Chlordecone, Chlorobenzilate, Dieldrin, DNOC, Ethylene Dibromide (EDB), Ethylene Dichloride, Endosulfan, Endrin, EPN, Heptachlor, Lindane (Gama Hexachlorocyclohexane), Methomyl, Methamidophos, Methyl Parathion, Monocrotophos, Mirex, Parathion Ethyl, Pentachlorophenol (PCP), Phosphamidon, Strobane (Polychloroterpenes), Toxaphene, Trichlorfon, D.D.T (Dichloro diphenyl- trichloroethane), Diafenthiuron, Terbufos, Borax Decahydrate, Hydramethylnon, Metaflumizone, Mineral Oil, Boric acid. • Herbicides: Alachlor, Dinoseb, 2,4,5 – T and 2,4,5-TP, • Rodenticides: Arsenic Compound, Fluoroacetamide • Fungicides: Binapacryl, Captafol, Hexachlorobenzene (HCB), Mercury Compounds, Tributyltin, Tridemorph, Triflumizole • Acaricides: Cyhexatin • Co Formulant: Ethylene Oxide

A list of restricted pesticides in Myanmar in accordance with the Notification No (05 / 2018) of Pesticide Registration Board dated on 9-08-2018 are as follows:

• Fumigants: Methyl Bromide, Phosphine, Magnesium Phosphide • Rodenticides: Bromadiolone, Zinc Phosphide, Brodifacoum • Malarial Control: Fenthion

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Key Impacts of Pesticides and Mitigation Measures

Pesticides benefit farmers for the crop production, nevertheless, they also impose a series of negative impacts on the environment. Pesticides may easily contaminate the air, ground water, surface water, and soil when they run off from fields, escape storage tanks, and are not discarded properly.

Moreover, pesticides are hazardous to both pests and humans and they become toxic to humans and non-target animal species if suitable precautions are not undertaken during transport, storage, handling, and disposal. Most pesticides will cause adverse effects if they are in contact with the skin for a long time or if intentionally or accidently ingested. Pesticides may be inhaled with the air while they are being sprayed. An additional risk is the contamination of drinking-water, food, or soil.

The following mitigation measures in Table 33 are recommended from different aspects at every stage to avoid the adverse impacts on both human and the environment due to pesticides. Table 33: Mitigation Measures for Pesticide Use

No Stage Mitigation Measures38

1. Before using pesticides - Minimize the need for pesticides by practicing integrated management by control strategies such as cultural control, mechanical control, physical control, biological control and chemical control. - Receive recommendations from Plant Protection Department (PPD) section of the regional DOA for proper management method for specific crop.

2. General precautions - The pesticide to be used must have registration number under PRB. - Only choose the pesticides labelled with Myanmar Language and do not use the pesticides without any label or with foreign language labels. - Select the pesticide which is suitable for specific pests and target plants as described on the label. - Do not mix any two or more pesticides at the same time. - Follow the instructions for use and the pre-harvest interval (PHI) as prescribed on the label. - Use appropriate and correct application techniques to ensure safety for the health of humans, animals, and the environment.

3. Label Reading - Check the pesticide registration number on your product. - Review the date of manufacture and date of expiry.

38 Instructions from PPD and Safe Use of Pesticides by WHO

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No Stage Mitigation Measures38

- Read the active ingredient and pesticide group on your product. - Read the target pests, dosage of product. - Read the pre-harvest interval (PHI). - Read the storage and disposal procedure for the product. - Read the first aid procedure. - Follow the instructions and safety precautions precisely written on the label.

4. Storage and Transport - Store pesticides in a certain place that can be locked and not accessible to unauthorized people or children. - Never be kept in a place where they might be mistaken for food or drink. - Store in a dry location away from fires and out of direct sunlight. - Store away from water sources. - Should be transported in well-sealed and labelled containers. - Do not carry them in a vehicle that is also used to transport food.

5. Handling / Application From Environmental Safety Aspect – - Application rates must not exceed the manufacturer’s recommendations. - Avoid application of pesticides in wet and windy conditions. - Pesticides must not be directly applied to streams, ponds, lakes, or other surface bodies. - Maintain a buffer zone (area where pesticides will not be applied) around water bodies, residential areas, livestock housing areas and food storage areas.

From Health and Safety of User Aspect – - Use suitable equipment for measuring out, mixing and transferring pesticides. - Do not stir liquids or scoop pesticides with bare hands. - Do not spray pesticides at the down-stream direction and during the strong wind. - Do not spray pesticides at the high temperature of the day (noon). - Do not suck or blow the blocked nozzle. - Do not assign pregnant women, lactating mothers, and children under 18 for handling and use of pesticides. - Wear protectives clothing including gloves, shoes, long-sleeved shirt and full trousers when mixing or applying pesticides. - Respiratory devices (nose mask) shall be used to avoid accidental inhaling. - In case if any exposure/body contact with the pesticide, wash-off and seek medical aid.

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No Stage Mitigation Measures38

6. Disposal From Environmental Safety Aspect – - Dispose any left-over pesticide by pouring it into a pit latrine. - It should not be disposed of where it may enter water used for dinking or washing, fish ponds, creeks or rivers. - Do not dispose any empty containers into river, creek, fish ponds and water way. - Do not burn any empty pesticide containers. - Decontaminate the pesticide containers by triple rinsing and use for next application. i.e. part-filling the empty container with water three times and emptying into a bucket or sprayer for next application. - All empty package and containers should be returned to the designated organization / individual for safe disposal. - If safe disposal is not available, bury the empty package and containers at least 50cm (20 inches) from ground level as much as possible. - The hole / disposal site must be at least 100 meters (~300 ft.) away from the streams, wells, and houses. - Do not reuse empty pesticide containers for any purposes.

7. Personal Hygiene - Never eat, drink or smoke while handling pesticides. - Change clothes immediately after spraying pesticides. - Wash hands, face, body, and clothes with plenty of water using soap after pesticides handling.

8. Emergency Measures - Indications of Pesticide Poisoning - General: extreme weakness and fatigue. - Skin: irritation, burning sensation, excessive sweating, staining. - Eyes: itching, burning sensation, watering, difficult or blurred vision, narrowed or widened pupils. - Digestive system: burning sensation in mouth and throat, excessive salivation, nausea, vomiting, abdominal pain, diarrhea. - Nervous system: headaches, dizziness, confusion, restlessness, muscle twitching, staggering gait, slurred speech, fits, unconsciousness. - Respiratory system: cough, chest pain and tightness, difficulty with breathing, wheezing. - Responsiveness - General: - If pesticide poisoning is suspected, first aid must be given immediately, and medical advice and help must be sought at the earliest opportunity. If possible, the patient should be taken to the nearest medical facility.

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No Stage Mitigation Measures38

- First Aid Treatment - If breathing has stopped: Give artificial respiration (i.e. mouth to mouth resuscitation if no pesticide has been swallowed.) - If there is pesticide on the skin: Remove contaminated clothing from the patient and remove the patient from the contaminated area. Wash the body completely for at least 10 minutes, using soap if possible. If no water is available, wipe the skin gently with cloths or paper to soak up the pesticide. Avoid harsh rubbing or scrubbing. - If there is pesticide in the eyes: Rinse the eyes with large quantities of clean water for at least five minutes. - If there is ingestion: Rinse mouth, give water to drink. Never induce vomiting in unconscious or confused persons, seek medical advice immediately.

Training

Training on pesticide management should be provided to the implementers of activities related to pesticide usage as well as relevant stakeholders such as farmers for pesticide usage. The trainer (local)/service provider will deliver these trainings to the target community / groups with the technical support from relevant division with its training materials of clear diagrams or picture. The following trainings on pesticide management are recommended to be provided:

• Training on Policy, Laws and Regulations Regarding to Pesticides Use: To provide basic knowledge about laws, rules, regulations, and notifications enacted by the Republic of the Union of Myanmar and World Bank safeguard policy OP 4.09 on pest management. • Training for Pest Management: To provide training to clearly understand the technical aspect of pesticide and skill in their application such as what are the eligible and prohibited items of pesticide in Myanmar, the level of negative impact of each eligible item, how to use them, how to protect and minimize the negative impact on the environment and human while using them, how to keep them before and after used etc. • Storage, handling, usage, and disposal of pesticide; To provide training about the procedures for storage, handling, usage of pesticide and disposal of pesticides residues or empty containers without affecting the health and safety of user, nearby community, and the environment.

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Monitoring of Pesticide Use

Each division implementing the activity will periodically visit the target/relevant community areas and monitor the use of pesticide including:

• Ensure the pesticides used in target areas are not in the banned (or) restricted list. • Ensure the pesticides used in target areas are properly kept and transported. • Ensure training delivery to the farmers’ / pesticide users’ groups and • Monitor compliance usage of chemical according to the Pesticide Law (2016) and related procedures.

The Technical Departments (DOA, DAR and LVBD) will be responsible for monitoring and ensuring full compliance, including keeping proper documentation in the project file for possible review by the World Bank. This document is considered a living document and will be modified and changed as appropriate. Close consultation with the World Bank and clearance of the revised the guidance of PMP will be necessary.

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Annex 5: PCRM with Chance Find Procedure for Physical Cultural Resources

Annex 5a: Physical Cultural Heritage

Definition of PCRs

PCRs include cultural heritages sites, historical sites, remains, and objects including structures or groups of structures having archaeological, paleontological, historical, architectural, religious, aesthetic, or other cultural significance. This includes Ancient Monuments and Ancient Objects defined by Myanmar legislation as described below.

Definitions of “Ancient Monuments” under the Protection and Preservation of Ancient Monuments Law (2015)39

Chapter I Section 2(a):“Ancient Monument” means building sites lived, made, used and built by human beings including geological environments where fossils of over one hundred years old are found above or under the ground or above or under the water.

Chapter III Section 4: The following buildings which are consistent with the definitions in sub- section (a) of Section 2 are specified as ancient monuments:

• religious buildings including zedi, stupa, temple, monastery, brick monastery, rest house, Buddhist ordination hall, worship monument, brick mounds and collapsed damages. • ancient city, palace, city wall, moat, earth bunker, gate, archway, gateway, forts, residential buildings, residential site, garden, working site, and ancient mounds dwelt by ancient people and their remains. • natural or man-made cave where human beings have dwelt, natural cave, ancient rock cave, other residential place and geological environments including mound, brook, depression, hole, ravine, and river terrace where ancient people have dwelt and the places where primates and other fossils are found. • place where objects of ancient people were made, pottery kiln, glazed kiln, iron furnace, glass furnace and other metal furnace and places related to them. • ancient monument, road, bridge, excavations, well, lake, pond and gravel stone made as monumental structure, stone pillar, heaped stone, cemetery, burial site, burial building, cave and pavilion. • epigraphy, archive and the building where they are placed or epigraph cave, monumental structure, pilers and stone slabs. • the buildings that should be protected and preserved by the State because of their high cultural, historical, architectural, and artistic value.

39Source: UNESCO Cultural Heritage Laws Database

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• other buildings stipulated as listed ancient monuments by the Ministry of Religious Affairs, and Culture (MORAC) by notification.

Definitions of “Antique Objects” defined by the Protection and Preservation of Antique Objects Law (2015)40

Chapter I Section 2(a): “Antique Object” means objects which are used by human beings including fossils over one hundred years old in above or under the ground or in above or under the water.

Chapter III Section 4: The following objects which are consistent with the definitions contained in sub-section (a) of section 2 are specified as antique objects:

• tangible and intangible cultural heritage including fossil, corpse and bones of human beings and various types of animals. • Buddha image, votive tablet, mural painting, cloth painting, figurine, collapsed damages and religious objects. • work of arts including stucco curving made on reliable religious buildings of the public. • tools made of stone, bronze, iron or any metal or bone, tusk, horn of animal or wood or bamboo. • silver casting objects including coin made of gold, silver, bronze, iron or any metal, earthen coin or terracotta coin and pieces of gold, pieces of silver used as currency, gold bowl and silver bowl. • carved objects including statute, image and relief made of gold, silver, stone, bronze, iron or any metal or earth, terracotta, cement, brick, stone, wood or bone, tusk, horn of animal. • royal regalia and royal objects. • vehicle including palanquin, coach and cart. • epigraphical evidences including stone inscription, inscribed brick, bell inscription, ink writing, gold inscription, silver inscription, copper inscription, glazed plaque script, votive tablet script, manuscript, leather script, print, palm-leaf manuscript, folding parchment, alphabet, seal and logo. • handicrafts pertaining to ten kinds of Myanmar traditional art and crafts. • relief and other wood carving made decorations in residential building including public rest house, metal carving, work of arts including stone engraving, petroglyph, and earthen ware. • clothing including Myanmar turban, supreme head, head plate and clothes. • ornaments. • measuring tools including weight, measurement basket for grain and scale. • utensils including harrow, plough, pottery hammer and weaving instruments. • pottery, glazed ware, stone pot, stone bowl, porcelain and utensils including pot,

40Source: UNESCO Cultural Heritage Laws Database

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bowl, plate, spoon and lacquer-ware made of gold, silver, bronze or any metal. • musical instruments including drum, gong, flute, oboe, cymbal (lingwin), brass gong and Myanmar orchestra (saingwaing). • ornaments worn on animals including elephant, horse and cattle. • Myanmar traditional playthings including earthen sherd and stones herd. • other objects recorded as antique objects after field inspection of the Ministry.

Annex 5b: Chance Find Procedures

In case Physical Cultural Resources (PCR) are unexpectedly encountered during activity implementation this chance find procedures shall be followed. This procedure considers requirements related to Chance Finds under the country’s legislation including the Protection and Preservation of Ancient Monuments Law (2015), the Protection and Preservation of Antique Objects Law (2015) and related rules and regulations. MONRAC is responsible for the oversight and regulation of chance find procedures.

• Stop the construction activities in the area of chance find temporarily. • Secure the site to prevent any damage or loss of removable objects. In cases of removable antiquities or sensitive remains, a trustful guard shall be arranged until the responsible local authorities i.e. Technical Departments or the Department of Archaeology, National Museum and Library take over. • Responsible person for relevant activity activities under MOALI shall notify the relevant Ward (or) Village Tract Administrative Office immediately. • Photo records of found objects can be taken. • If the notification is received, the Ward (or) Village Tract Administrator shall keep the said chance-find as necessary and shall forward the information and notify the relevant Township Administrative Office immediately (Shall not be later than 14 days). • The relevant township administrator shall promptly carry out the necessities and inform the Department of Archaeology, National Museum and Library immediately from the date on which the information is received (Shall not be later than 7 days). • Responsible local authorities, the relevant Ministry and Department will be in charge of protecting and preserving the site before deciding on subsequent appropriate procedures. • Decisions on how to handle the finding shall be taken by the Ministry and the Department which could result in changes in Layout (i.e. when finding an irremovable remain or cultural or archaeological importance), conservation, preservation, restoration, and salvage. • Construction work could resume only after the permission is given from the relevant Department or the Ministry.

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Annex 6: Community Participation Planning Framework (CPPF)

1. Introduction This Community Participation Planning Framework (CPPF) has been prepared for NFASP. Since details of activities will be only identified during project implementation, specific activity impacts cannot be identified until then. This document is a living document and shall be modified and updated in line with and change in situation or scope of project activities. This CPPF provides guidance for those activities which require application of the CPPF as a result of screening by the safeguards screening form. (see Annex 1). Consultations and a detailed Community Participation Plan (CPP) will be developed in case it is necessary, in close consultation with stakeholders and the World Bank. Clearance of future CPPs by the World Bank will be necessary.

NFASP is expected to have generally positive social benefits. It is expected that the activities will not negatively impact. Ethnic Peoples in any way. This CPPF has been prepared as part of the ESMF to avoid potentially adverse effects on Ethnic Peoples’ communities and make sure that the project is designed in a way that Ethnic Peoples receive social and economic benefits that are culturally appropriate and gender and intergenerationally inclusive.

Based in Myanmar’s context, this CPPF will use the term “Ethnic People” as an equivalent to the term “Indigenous People” used by the WB. Following WB’s OP 4.10, the term “Indigenous Peoples” ("Ethnic Peoples” in the context of Myanmar) is used in a generic sense in this CPPF to refer to a distinct, vulnerable, social and cultural group possessing the following characteristics in varying degrees:

• Self-identification as members of a distinct ethnic cultural group and recognition of this identity by others. • Collective attachment to geographically distinct habitats or ancestral territories in the project area and to the natural resources in these habitats and territories. • Customary cultural, economic, social, or political institutions that are separate from those of the dominant society and culture. • An Ethnic language, often different from the official language of the country or region.

Although NFASP is not excepted to negatively impact any Ethnic Peoples, some activities may be located in areas where Ethnic Peoples are living or working. Because of that, OP 4.10 is triggered on a precautionary basis, mainly to ensure that they are meaningfully consulted.

This CPPF will apply only for those activities which there is presence of Ethnic Peoples near project funded activities. Meaningful consultations will apply in all the cases where there are Ethnic Peoples near the activities, including the application of FPIC. However, a Community Participation Plan (CPP) shall be prepared in line with World Bank OP 4.10 para 12 and Annex B, including a brief Social Assessment. The Plan should be prepared when Ethnic Peoples are

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2. Overview of Ethnic Peoples in Myanmar

Myanmar is one of the most culturally diverse countries in the region, and ethnicity is a complex, contested and politically sensitive issue. Myanmar’s Ethnic Peoples make up an estimated 30 - 40% of the population, and ethnic states occupy some 57% of the total land area along most of the country’s international borders.

The numerical breakdown for each ethnic group in Myanmar is not known, but an estimation of non-Bamar ethnic nationalities are estimated at 30%-40% of the population and the seven ethnic states occupy 57% of the total land area. These States are named after the largest ethnic group in them (Rakhine, Chin, Kachin, Shan, Kayah, Kayin and Mon). However, there are also many ethnic minority groups without named States, including the Pa’ O, Wa, Naga and Palaung as well as a number of other smaller ethnic groups.

There are dozens of dialects and over 130 languages within the main linguistic groupings. However, some Ethnic Peoples, particularly younger people in urban areas, may not speak a minority language. Moreover, many people are increasingly of mixed ethnic heritage and are likely to speak Burmese as their first language.

3. Relevant Legal Framework

According to Chapter 1, clause 22 of the 2008 Constitution of Myanmar, the Union Government of Myanmar is committed to assisting in developing and improving the education, health, language, literature, arts, and culture of Myanmar’s “national races”. It is stated that the “Union shall assist:

• To develop language, literature, fine arts, and culture of the national races. • To promote solidarity, mutual amity and respect and mutual assistance among the national races. • To promote socio-economic development including education, health, economy, transport, and communication, [and] so forth, of less-developed national races.”

There are 135 separate ethnic groups recognized by the Government referred to within the Constitution as national races. However, the list of recognized ethnic groups has been defined by the Myanmar Citizenship Law (1982) and has not been updated.

The constitution provides equal rights to the various ethnic groups included in the national races and a number of laws and regulations aim to preserve their cultures and traditions.

This includes the establishment of the University for the Development of the National Races of the Union which was promulgated in 1991 to, among other things, preserve and understand the culture, customs and traditions of the national races of the Union, and strengthen the

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Union spirit in the national races of the Union, while residing in a friendly atmosphere and pursuing education at the University.

The Ethnic Rights Protection Law, enacted on 24th February 2015, provides definitions of ethnic groups, Ministry, Union minister, Ministry of State or Region, State or Region minister, roles and responsibilities of the Ministry of Ethnic Affairs in ethnic affairs which means to promote sustainable socio-economic development that includes language, literature, fine arts, culture, customs and traditions of the national races, religious, historical heritages, peace and the included opportunities in 2008 Constitution of Myanmar.

4. Key issues and application of the CPPF

Free, Prior and Informed Consultation (FPIC): Participation is a process through which stakeholders influence and share control over development initiatives and the decisions and resources which affect them. The decision to participate is the start of the whole participatory process in the project cycle. Participation is an active and continuous process of interaction among the key stakeholders, including the communities directly affected (whether positively or adversely), national agencies and line ministries, project consultants, civil society, and international donor agencies. Participation as a generic term usually encompasses two distinct dimensions: information exchange (i.e., dissemination and consultation) and varying forms of joint decision-making (i.e., collaboration or participation).

Meaningful Consultation Prior to Project Implementation: During activity preparation, the local communities, including ethnic peoples, will be informed about the pending activities to fully identify their view, to obtain their consent to those activities affecting them, and to inform the activity design and if required, the Community Participation Plan (CPP). In the process, free, prior, and informed consultations will be undertaken in a language spoken by, and the location convenient to, potentially affected Ethnic Peoples. The views of Ethnic Peoples are to be considered during implementation of the activity, while respecting their current practices, beliefs, and cultural preferences. The outcome of the consultations will be documented into the periodical reports and submitted to the World Bank for review.

5. Technical Guidelines for Consultations with Ethnic Groups

Consultations will be designed to help ensure that Ethnic Peoples are well informed and consulted regarding to the proposed activity activities. Their participation will not only make project activities more sustainable, but also provide benefits with more certainty or protect them from any potential adverse impacts of the activities to be financed by the project.

All target areas that have Ethnic People communities and are candidates for activity support will be visited (at the time of first consultation with communities) by the project team, likely ES implementers, including the social safeguard focal person and relevant local authorities, and also including personnel with appropriate social science training or experience. Prior to the visit, the project will send notice to the communities informing their leaders that they will be visited by the respective focal person and local authorities and that consultation will be

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During this visit, the project focal person or relevant official with social expertise will undertake a screening for Ethnic Peoples with the help of Ethnic People leaders and local authorities. The screening will check for the following:

• Names of Ethnic Peoples in the affected villages/commune. • Total number of Ethnic Peoples in the affected villages/commune. • Percentage of Ethnic People in affected villages/communes. • Number and percentage of ethnic households within a described zone of influence of the proposed activity. (The zone of influence should include all areas in which investments-related benefits and adverse impacts are likely to be relevant). • Once target areas have been undergone through screening process and Ethnic Peoples are identified for any of the activities, a brief social assessment will be conducted to take note of the potential impacts on the local ethnic communities. • For activities affecting Ethnic Peoples, whether positively or adversely, a more elaborate consultation process is required. This may include, as appropriate: • Inform affected ethnic communities (positively or negatively) about project objective and activities. • Discuss and assess potential project benefits and how these can be enhanced. • Discuss and assess land and natural resource use and how management of natural resources may be enhanced. • Discuss and assess potential adverse impacts and ways to avoid or mitigate them. • Identify and discuss (potential) conflicts with other communities and how these might be avoided. • Discuss and assess community well-being and food security and how this might be affected or enhanced through activity interventions. • Facilitate and ascertain the affected communities’ consent to activities affecting them.

Cases where an Ethnic Plan for a proposed activity is required: A Community Participation Plan (CPP), in line with WB’s OP 4.10 para 12 and Annex B, including a brief Social Assessment, will be required only for those proposed activities, when assessed during the environmental and social screening process, that indicate Ethnic Peoples (following WB’s criteria to define IPs) are present in the project area. Consultations with and participation of Ethnic Peoples, their leaders and local government officials will be an integral part of the overall CPP and the brief Social Assessment, which should be prepared along with other required project reports.

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The CPP includes the following elements, as needed:

• A summary of the information about (a) legal and institutional framework applicable to Ethnic Peoples and (b) baseline information on the demographic, social, cultural, and political characteristics of the affected Ethnic Peoples’ communities, the land and territories that they have traditionally owned or customarily used or occupied, and the natural resources on which they depend. • A summary of the social assessment. • A summary of results of the free, prior, and informed consultation with the affected Ethnic Peoples’ communities that was carried out during project preparation and that led to broad community support for the project. • A framework for ensuring free, prior, and informed consultation with the affected Ethnic Peoples’ communities during project implementation. • An action plan of measures to ensure that the Ethnic Peoples receive social and economic benefits that are culturally appropriate, including, if necessary, measures to enhance the capacity of the project implementing agencies. • When potential adverse effects on Ethnic Peoples are identified, an appropriate action plan of measures to avoid, minimize, mitigate, or compensate for these adverse effects. • The cost estimates and financing plan for the CPP. • Accessible procedures appropriate to the project to address grievances by the affected Ethnic Peoples' communities arising from project implementation. When designing the grievance procedures, the borrower considers the availability of judicial recourse and customary dispute settlement mechanisms among the Ethnic Peoples. • Mechanisms and benchmarks appropriate to the project for monitoring, evaluating, and reporting on the implementation of the CPP. The monitoring and evaluation mechanisms should include arrangements for the free, prior, and informed consultation with the affected Ethnic Peoples’ communities.

To prepare CPP in line with OP 4.10, para 12 and Annex B, the following information is required:

• The basic census, socio-economic data, and inventory of affected assets. • Household ownership of economic and productive assets. • Annual income from primary and secondary employment opportunities. • Economic information of community (e.g. brief information on economic and natural resources, production and livelihood systems, tenure systems). • Social information of community (e.g. description of kinship, value system, types of social organizations of formal and informal groups). • Means and status of participation in community decision making. • Potential impact of proposed project activities on basic social services (e.g. water supply, clinics, and schools). • Potential impact of project activities on the social and economic livelihood.

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6. Institutional Arrangements for Implementation of the CPPF

The CPPF implementation will follow the Project Implementation arrangement, described in chapter 7 of this ESMF. The responsibility of preparation and implementation of the required consultations with Ethnic Peoples and CPPs is with MOALI. They will review the documents to ensure compliance the contents of this CPPF. Thereafter, the consultation reports with Ethnic Peoples and CPPs will be forwarded to the World Bank for review and clearance.

MOALI will be also responsible for ensuring close coordination with line agencies at National and State levels during activity preparation.

7. Monitoring and Reporting

Ongoing public consultations with affected Ethnic Peoples will be a relevant way to monitor compliance when applying the agreements reached in the CPPs. NFASP will therefore seek to strengthen the self-monitoring and problem resolution capacity of local communities, including but not limited to ethnic communities. Participatory Monitoring and Evaluation (M&E) will be carried out during implementation to allow affected populations to assess project effects and identify measures to broaden positive benefits and address negative impacts. This will take the form of regular (quarterly/monthly) meetings between the community, the contractor and MOALI facilitated by the safeguards consultant or focal points. Also, areas where grievances involving Ethnic Peoples have occurred and have been resolved in compliance with this guidance will be monitored and reported by project focal person/social safeguards consultant. The PMU through its safeguards focal persons will conduct regular internal monitoring and evaluation of the consultations with Ethnic Peoples and CPPs including review of monthly progress report submitted by site engineer.

8. Budgeting of Preparation, Implementation, and Monitoring of the CPPF and CPP

Budget for implementing CPPF and potential CPPs will be part of the overall NFASP budget. It shall be used to cover costs of project staff allowances and consultants to prepare compliance reports including supervising and monitoring reports, data collection, and preparation of CPP etc.

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Annex 7: Resettlement Policy Framework (RPF)

This Resettlement Policy Framework (RPF) has been prepared for the NFSAP. The Resettlement Policy Framework (RPF) is prepared to ensure that any acquisition of land and/or the loss of income or private assets due to the implementation of activities under NFASP will be addressed in line with the World Bank’s policy on involuntary resettlement, OP 4.12. The RPF describes principles, processes, and procedures for assessing potential impacts and preparing required safeguard plans, such as a Resettlement Action Plan (RAP) in line with OP 4.12.

The NFASP provides a screening mechanism to exclude any activities that has land legacy issues. With the exception of Component 1d, present activities are not expected to involve any involuntary resettlement. The RPF has been developed to ensure that negative impacts are avoided, minimized, and properly managed and mitigated in case of impact on settlements. Voluntary land donation is not accepted under this project.

1. Project Description Under NFASP, a number of activities will be implemented under each sub-component. The project will primarily target seven regions (Ayeyarwady, Bago, Mandalay, Magwe, Sagaing, Thanintharyi, and Yangon), five states (Chin, Kachin, Kayah, Mon, and Shan), and one Union Territory (NPT) in three AEZs (Dry, Hills and Mountains, and Delta).

2. Scope of Project Impact This Project is expected to have generally positive social benefits. With the exception of Component 1d, it is expected that most activities will not involve land acquisition or other impacts covered by OP 4.12 given that construction and other project activities will take place on land already owned by departments under MOALI. However, some activities may require land acquisition or impacts assets, such as trees, land requirements for irrigation and canal implementation or to implement access restrictions.

Component 1d may involve a potential risk for land acquisition for a range of activities, including but not limited to: (i) establishment of a construction camp; (ii) temporary construction roads; (iii) improvement of access roads requiring widening of such roads/ bridge approaches; (iv) requirement for widening of irrigation channels; (v) need for borrow pits for construction materials; (vi) need for spoil disposal areas to dispose of the materials removed when repairing the existing channel and (vii) encroachment. Each of these potential issues/activities will potentially require land acquisition, either temporarily or permanently.

This RPF has been prepared as part of the ESMF for the Project to provide guidance regarding situations where land use and/or land acquisition is required for the implementation of activities, either for temporary or permanent purposes.

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3. Objective of the Resettlement Policy Framework This RPF aims to achieve the following objectives:

• Involuntary resettlement should be avoided where feasible, or minimized, exploring all viable alternative project designs. • Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development programs, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits. Displaced persons should be meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs. • Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least to restore them, in real terms, to pre- displacement levels or to levels prevailing prior to the beginning of project implementation, whichever is higher. • Any project activity that may have direct or indirect link to land that has been identified to have legacy issues, will be avoided.

4. Legal Framework Significant social and environmental impacts are not anticipated from the activities. However, if activities require land acquisition and resettlement, these will be guided by safeguards documents that will consider applicable national laws, including: • Land Acquisition Act, 1894. • Constitution of Myanmar, 2008. • Farmland Law, 2012. • National Land Use Policy, 2016. • Law Amending the Vacant, Fallow and Virgin Lands Management Law,2018. • Land Acquisition, Resettlement and Rehabilitation Law, 2019 (Draft).

Land Acquisition Act, 1894: The 1894 Land Acquisition Act provides principles, mechanisms, and procedures of expropriation, and defines fair and just compensation for the construction, rehabilitation, or expansion of public physical infrastructure that are deemed to be in the public and national interests. The Act also describes processes and procedures of resettlement induced by public physical infrastructure expansion projects, land acquisition, voluntary land and asset donation, and post-relocation support.

Constitution of Myanmar (2008): As per the Constitution of the Republic of the Union of Myanmar, 2008, in principle, all land in Myanmar is owned by the nation as articulated below:

“The Union is the ultimate owner of all lands and all natural resources above and below the ground, above and beneath the water and in the atmosphere in the Union” (Section 37, Sub- section (a), Chapter 1 Basic Principle of the Union, State Constitution 2008).

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In this context Myanmar individuals and organizations do not have proprietary rights to land but only land use/occupancy rights, which in some situations allow for inheritance and transfer of such rights.

Farmland Law, 2012: This law determines land use rights for farmland and granting of land use rights to eligible farmers. It allows the right to sell, mortgage, lease, exchange and gift whole or a part of the right to use the farmland. The law determines the formation as well as roles/responsibilities of farmland administrative bodies at various levels. The Farmland Rules determine procedures such as the application for farmland registration and obtaining land use certificates; application of transfer of farmlands for other purposes; and indemnities and compensation.

National Land Use Policy, 2016: National land use policy is associated with conservation, utilization and allocation of land resources and defined as the official notification of a government’s objectives and plans. In the policy, land related benefits, political choice and forms in relation to allocation of authorities, and user rights of land and related natural resources that exist between the government and original landowners i.e. people of the country are clearly described.

The Vacant, Fallow and Virgin Lands Management Law, 2018: This law determines the conditions and frameworks for usage of vacant, fallow and virgin lands. According to the law, vacant, fallow and virgin lands can be claimed and utilized by willing individuals/organizations including foreigners mainly for production activities such as agriculture, livestock, aquaculture, mining and others permitted by the government. The law determines the formation as well as the roles/responsibilities of the central committee for the management of vacant, fallow, and virgin lands. The law stipulates that the people using the lands categorized as vacant, fallow or virgin, will have to get registered to use these lands within six months from implementation of the law. Otherwise, the land may be allotted to others for use. Lands under customary tenure is excluded from this law.

Land Acquisition, Resettlement and Rehabilitation Law, 2019 (Draft): This law was initially enacted by the Union Parliament of Myanmar to replace the Land Acquisition Act (1894) enacted in the colonial-era for the first time and this will come into effect after it has been approved by the President with official notification. The new law seeks to protect the interests of people by land acquisition, promote a transparent and inclusive approach for land acquisition and prevent adverse social and environmental impacts due to land acquisition. In accordance with the new law, government departments need to submit proposal to the Central Committee in case of any land acquisition issue. As of the date of the preparation of this ESMF (August 2020), this law has not been ratified.

The World Bank Involuntary Resettlement Policy (OP 4.12): This policy covers direct economic and social impacts that both result from Bank-assisted investment projects, and are caused by:

a) Involuntary taking of land resulting in • relocation or loss of shelter.

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• loss of assets or access to assets. • loss of income sources or means of livelihood, whether or not the affected persons must move to another location, or,

b) The involuntary restriction of access to legally designated parks and protected areas resulting in adverse impacts on the livelihoods of the displaced persons.

The policy applies to all components of the project that result in involuntary resettlement, regardless of the source of financing, and to other activities resulting in involuntary resettlement, that in the judgment of the Bank, are (a) directly and significantly related to the Bank-assisted project, (b) necessary to achieve its objectives as set forth in the project documents; and (c) carried out, or planned to be carried out, contemporaneously with the project.

5. GAP Analysis OP 4.12: Involuntary Resettlement Policy and those gaps are analyzed in Table 34. The Land Acquisition, Resettlement and Rehabilitation Law (2019) has not been considered in the Gap Analysis as it is not officially affected yet at the time of ESMF preparation.

6. Institutional Arrangements Responsibility for implementation of this RPF and for preparation and implementation of RAPs/ abbreviated RAPs (ARAP) for specific activities and activities (including responsibility for meeting all associated costs) rests with the MOALI. As necessary, MOALI will exercise their authority to coordinate actions with any other agencies involved to ensure timely and effective implementation.

7. Principles and Procedures for Compensation

• If in case of any land acquisition, relocation and resettlement issues, the PMU is responsible to develop an abbreviated resettlement action plan (ARAP). In an exceptional case where more than 200 people are affected by an activity, a full RAP will be developed. The following principles will apply for the land or asset loss against compensation: Land acquisition should be avoided or minimized. If unavoidable, it should not result in persons losing their home or suffering any decline in income, livelihood, or living standards. No physical relocation of households is allowed under the NFASP project. • No one shall lose more than 10 percent of their productive assets as a result of activity implementation. If, based on the survey conducted by Technical Departments with the participation of affected people find that more than 10 percent of productive (income-generating) assets would likely be affected, designs should be adjusted and/ or alternative locations be sought so that impact would be reduced to below 10 percent. • Affected people are eligible for in-kind compensation that is sufficient to restore pre-project income streams. The PMU and Technical Departments, under the

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guidance of the PMU safeguards consultant team, will jointly assess the scale of impact and identify in-kind compensation that is at least sufficient to restore pre- project level livelihoods and income streams. Proceeds from the World Bank financing cannot be used for compensation.

• Losses are to be assessed as follows: o Loss of agricultural land: replacement land of similar type, category and productive capacity, free from transaction costs, which is acceptable to the affected people; or full compensation at replacement value41 if land is not available. o Loss of residential land: replacement land of similar type, category and quality, free from transaction costs, which is acceptable to the affected people; or full compensation at replacement value41 if land is not available. o Loss of trees, structures, and other private assets: cash or in-kind compensation at replacement cost. Salvage materials will be handed over to affected people. o Loss of income and standing crops: Civil works will be adjusted to avoid loss of income/ standing crops. • An ARAP or a full RAP will be prepared by PMU safeguard consultants under the support of the PMU (see below for the contents of the RAP). • Implementation of civil works will commence only after all entitlements are delivered to affected households.

41As per OP 4.12, the definition of full replacement cost is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs. With regard to land and structures, "replacement cost" is defined as follows: For agricultural land, it is the pre-project or pre- displacement, whichever is higher, market value of land of equal productive potential or use located in the vicinity of the affected land, plus the cost of preparing the land to levels similar to those of the affected land, plus the cost of any registration and transfer taxes. For land in urban areas, it is the pre-displacement market value of land of equal size and use, with similar or improved public infrastructure facilities and services and located in the vicinity of the affected land, plus the cost of any registration and transfer taxes. For houses and other structures, it is the market cost of the materials to build a replacement structure with an area and quality similar to or better than those of the affected structure, or to repair a partially affected structure, plus the cost of transporting building materials to the construction site, plus the cost of any labor and contractors' fees, plus the cost of any registration and transfer taxes. In determining the replacement cost, depreciation of the asset and the value of salvage materials are not taken into account, nor is the value of benefits to be derived from the project deducted from the valuation of an affected asset. Where domestic law does not meet the standard of compensation at full replacement cost, compensation under domestic law is supplemented by additional measures so as to meet the replacement cost standard.

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Table 34: Gap Analysis between Legal Framework in Myanmar and WB’s OP 4.12

Subjects OP 4.12 Legislations in Myanmar Analysis and Gap Filling Measures

Land Property 1.1 Policy objectives PAPs (Project Affected Persons) EIA Procedures (2015) Section 102(b): In general, basic principles in EIA Procedures are should be assisted in their efforts to The Project Proponent shall bear full legal aligned with the WB’s policy objectives. improve their livelihoods and and financial responsibility for: PAPs until standards of living or at least to they have achieved socioeconomic stability at OP 4.12 Policy Procedures will be applied and restore them, in real terms, to pre- a level not lower than that in effect prior to complement EIA Procedures. displacement levels or to levels the commencement of the Project, and shall prevailing prior to the beginning of support programs for livelihood restoration project implementation, whichever is and resettlement in consultation with the higher. PAPs, related government agencies, and organizations and other concerned persons for all adverse impacts.

1.2. Support for Compensation for the loss of National Land Use Policy (2016) Chapter 3, OP 4.12 Policy Procedures will be applied because affected households structures and other assets on the Section 16: In carrying out land information National Land Use Policy only address recognition of who have no land, plus resettlement assistance to management: different land tenure rights but consideration for recognizable legal right all project affected persons to supporting affected households is not clearly or claim to the land achieve the policy objective (to Legitimate land tenure rights recognized by mentioned. they are occupying improve their livelihoods and the local community, including individual, standards of living or at least to household, collective and communal, Persons who have no recognizable legal right or claim restore them, in real terms, to pre- whether or not they have been registered, to the land they are occupying will be entitled to displacement levels or to levels recorded and mapped, shall be recognized, compensation for the loss of assets other than land and prevailing prior to the beginning of protected, and registered in accordance with resettlement assistance (such as place to occupy, other project implementation, whichever is laws. assets, cash, employment, and so on) to improve their higher). livelihoods and standards of living or at least to restore National Land Use Policy (2016) Part VIII, them, in real terms, to pre-displacement levels or to Section 66: When preparing and revising levels prevailing prior to the beginning of project customary land use maps and records of implementation, whichever is higher. ethnic nationalities, the responsible

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Subjects OP 4.12 Legislations in Myanmar Analysis and Gap Filling Measures

government departments and organizations Vulnerable PAPs will receive special assistance. shall do the following: A moving allowance will be provided based on structure Formally recognize and protect the types, family size and distance to the relocation site. customary land tenure rights and related local customary land management practices of ethnic groups, whether or not existing land use is registered, recorded or mapped. Compensation 2.1. Methods for Compensation for lost land and other Land Acquisition Act (1894), Section 23: OP 4.12 Policy Procedures will be applied in line with determining assets should be paid at full In determining the amount of compensation compensation related legislation in Myanmar. compensation rates replacement cost. to be awarded for land acquired under this Act, the Court shall take into consideration: Compensation at replacement cost for land, structures and other assets on the land will be provided. The market value of the land at the date of the publication of the notification under An independent appraiser will calculate the value of all section 4, sub- section (1); types of assets affected in order to establish the The damage sustained by the person compensation rate. interested by reason of the taking of any standing crops or trees which may be on the The compensation for properties that can be replaced land at the time of the Collector’s taking will be equal to its market value (as determined by an possession thereof; independent appraiser) plus transaction costs. The damage (if any) sustained by the person interested, at the time of the Collector’s The value of structures that need to be rebuilt will be taking possession of the land, by reason of calculated without taking depreciation into account or severing such land from his other land; deduction for salvageable materials. The damage (if any) sustained by the person interested, at the time of the Collector’s taking possession of the land, by reason of the acquisition injuriously affecting his other

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Subjects OP 4.12 Legislations in Myanmar Analysis and Gap Filling Measures

property, moveable or immoveable, in any other manner, or his earnings; and If in consequence of the acquisition of the land by the Collector the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change.

National Land Use Policy (2016) Part V, Section 40: When amending or newly enacting relevant laws, rules and procedures, they shall be inconformity with National Land Law and based on the following:

Shall describe effective, consistent and fair valuation system when providing compensation and relocation for people affected by land acquisitions.

2.2. Support for Persons who lose income sources or EIA Procedures (2015) Section 102(b): The government has no clear policy and detailed persons who lose means of livelihood should be instructions about livelihood restoration. However, it is income sources or offered support after displacement The Project Proponent shall bear full legal stated in EIA Procedures (2015) that the project means of livelihood for a transition period, based on a and financial responsibility for: PAPs until proponent is fully responsible for any livelihood reasonable estimate of the time they have achieved socioeconomic stability restoration and resettlement. Therefore, OP 4.12 Policy likely to be needed to restore their at a level not lower than that in effect prior to will be applied. livelihood and standards of living. the commencement of the Project, and shall The support should be offered support programs for livelihood restoration Loss of income will be restored to pre- displacement whether or not the affected persons and resettlement in consultation with the rates regardless of the legal status of the affected must move to another location. PAPs, related government agencies, and person. organizations and other concerned persons for all Adverse Impacts.

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Subjects OP 4.12 Legislations in Myanmar Analysis and Gap Filling Measures

Land Acquisition Act (1894), Section 23: In determining the amount of compensation to be awarded for land acquired under this Act, the Court shall take into consideration:

The damage (if any) sustained by the person interested, at the time of the Collector’s taking possession of the land, by reason of the acquisition injuriously affecting his other property, moveable or immoveable, in any other manner, or his earnings; and If in consequence of the acquisition of the land by the Collector the person interested is compelled to change his residence or place of business, the reasonable expenses (if any) incidental to such change.

The Vacant, Fallow and Virgin Lands Management Law (2012), Chapter VII, Section 20:

For resuming the area required in the authorized land in accordance with the Section19, the Central Committee will have to be undertaken in coordination with the department, organization concerned for getting the compensation within the prescribed period, calculated by current value to cover the actual investment cost of the

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Subjects OP 4.12 Legislations in Myanmar Analysis and Gap Filling Measures

legitimate owner, with the agreement of the Cabinet of the Union Government.

2.3 Consultation and Participation in planning and EIA Procedures (2015) Article 13: The Project Provisions of EIA Procedures and National Land Use disclosure implementation, specially confirming Proponent shall: Policy have elaborate procedures for public the eligibility criteria for consultation, participation and information disclosure. compensation and assistance, and Arrange for appropriate public consultation However, grievance issues are not clearly addressed. access to Grievances Redress through all phases of the IEE and EIA process Mechanisms as required by Articles 34, 50, and 61; and OP 4.12 Policy will be applied. Disclose to the public in a timely manner all relevant Project-related information in Intensive consultation and participation in line with accordance with this Procedure except that GRM of ESMF will be conducted at every stage of the which may relate to National Security project. concerns as informed by the Ministry.

National Land Use Policy (2014) Article 37: Fair environmental and social impact assessments:

When drawing and implementing the project for land allocation and resettlement, the persons to be relocated shall be consulted systematically and shall be able to participate in person.

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8. Preparation of the Abbreviated Resettlement Action Plan (ARAP) If the safeguard screening finds that land acquisition or loss of private assets is unavoidable, the Technical Departments, with the support of PMU Safeguards Consultant Team, will prepare a resettlement instrument (an ARAP or a full RAP). The ARAP will be developed which should include, at minimum, (i) the names of affected people, (ii) baseline census and socioeconomic data of affected people; (iii) the inventory of impacts, (iv) mitigation measures including the types and the scale of in-kind compensation, (v) implementation arrangements including participatory processes to ensure participation of affected people in the RAP implementation; (vi) implementation schedule to ensure that compensation will be provided before civil works start, and (vii) the estimated cost of compensation and the sources of funds where compensation is provided in cash.

The PMU will be assisted by ES focal person of Technical Departments to identify in-kind compensation including the provision of alternative land that is sufficient to restore the income streams of the affected people.

The RAP should address the following at minimum:

• Introduction • General description of activities including type of infrastructure, scale, and scope of civil works. • Name of the village and township, location, major ethnic background, number of populations, etc. • Baseline census and socioeconomic data of affected people • The number and names of affected households. • General description of livelihoods, economic conditions, and vulnerability of affected households. • Detailed inventory of loss • Eligibility criteria for PAPs, including “cut-off date”, if necessary. • Types of impact (loss of land, fences, barns, etc.). • Level of severity (% of loss). • Number of affected households for each type. • Rough valuation of impact (measured by scale of loss in livelihood, which may or may not be expressed in monetary terms). • Detailed plan for impact mitigation • Entitlement Matrix. • Cash or In-kind compensation to be provided and valuation methodology used. • Other support to fully restore livelihood. • Policy entitlements related to any additional impacts identified under census or survey • Steps to identify any unidentified impacts. • Provisions to address such unintended impacts. • Implementation procedure • Subproject implementation schedule.

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• Provision of entitlement (which should precede the start of civil works.) • Detailed cost estimate and source of resources • Costs for provision of each entitlement types. • Community resources used to provide such entitlements. • Village tract resources to be used, if any.

When activity documents and applicable resettlement instruments are drafted, the ES focal person from the PMU, together with PMU Safeguards Consultant Team, will carry out a half- day consultation with Technical Departments, ES implementers and affected people. During the consultation meeting, the final activity documentation is presented together with the draft detailed design, and the draft RAP (abbreviated or full). Inputs from the ES implementers, Technical Departments and affected people will be sought regarding whether or not all potential impacts are adequately covered and mitigated, and whether adequate measures are incorporated in the design to meet the special needs of affected people and disadvantaged groups. The final activity documentation that is submitted to the PMU for approval should incorporate the inputs from affected people and the result of the meeting will be documented.

The resettlement instruments developed for an activity will be reviewed against the provisions of this RPF and the ESMF and, if they are found to have addressed all requirements, will be approved by the PMU prior to its implementation and receive a no objection from the World Bank. In particular, the following will be assessed:

• Are potential adverse impacts clearly identified? • Are mitigation measures proposed sufficient to fully restore income streams of affected people? • Are implementation arrangements and grievance mechanisms adequate? • Is the budget estimated sufficient?

Copies of approved ARAP or a full RAP will be made available in easily accessible places in the village where the activity is implemented, with a summary translated into the local language(s).

9. Monitoring The resettlement and compensation plans will indicate parameters to be monitored, institute monitoring milestones and provide resources necessary to carry out the monitoring activities. The objective will be to make a final evaluation to determine:

• If affected people have been paid in full and before project impacts occur. • If the people who were affected by the project have been compensated in such a way that they are now living at a higher standard than before, living at the same standard as before, or they are actually poorer than before. • Monitoring will be done both through internal and external mechanisms.

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10. Entitlement Matrix Table 35 below describes the entitlement matrix to be used.

Table 35: Entitlement Matrix

Type of Entitled Persons Entitlements Implementation Issues Losses Loss of Legal owners or Replacement land of similar type, No land loss >10% of total private land occupants category and productive capacity, productive land holding allowed free from transaction costs (taxes, administration fees) or compensation in Cash at replacement value Affected persons At minimum, rehabilitation No land loss >10% of total without a legally assistance to restore the productive land holding allowed recognizable right livelihoods and standards of or claim to the living, in real terms, to pre-project land they are levels or to levels prevailing prior occupying to the beginning of activity implementation, whichever is higher Loss of trees, All affected Cash or in-kind compensation at If remaining parts of the structures persons replacement cost structures are not sufficient for and other regardless of Salvage materials will be handed use, compensation will be private tenure status over to affected people provided for the entire affected assets buildings The project will help salvage material transportation Loss of All affected Civil works will be adjusted to income and persons avoid loss of income/ standing standing regardless of crops or compensated at market crops tenure status value Temporary Legal owners or Cash or In-kind compensation for PMU, under the support of third- land occupants loss of income or assets on a net party service provider, will occupation basis monitor implementation Reinstitute land to the original state after the completion of civil works

Internal monitoring will be carried out routinely by ES focal persons of PMU and the PMU safeguards consultants while internal field monitoring will be done by MOALI technical departments. They will keep track of individual compensations made, as well as pending cases and reasons for these. It will be responsible for undertaking a baseline, mid-term and end of project evaluation focusing on various issues related to rehabilitation and restoration of income.

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The next level will be external monitoring to be done by an independent agency having experience in land acquisition, rehabilitation and resettlement(R&R), consultation, community development will be engaged to supervise the implementing of R&R and oversee the performance and provide guidance. This agency will provide quarterly reports to PMU (MOALI) based on the outcome of consultations and feedback with affected people who have received assistance and compensation and other implementation activities. The status of land acquisition and compensation along with social audit report will be submitted by MOALI to World Bank on six-monthly basis.

A framework listing indicative resettlement performance indicators for monitoring purposes will be developed. A schedule of when monitoring will be carried out will be developed and shall run for a minimum of three years after completion of the RAP. The suggested indicators for monitoring are given in Table 36 below.

Table 36: Monitoring Indicators to be Used

Subject Indicator Variable

Land Acquisition of land - Area of cultivation land acquired - Area of community land acquired - Area of private land acquired - Area of government land acquired

Buildings/Structures Acquisition of buildings - Number, type and size of private buildings acquired - Number, type and size of community buildings acquired - Number, type and size of government buildings acquired

Trees and crops Trees cut and crops destroyed - Number and type of trees cut - Crops destroyed by area, type and ownership

Status of Compensation and re- - Number of owners compensated by compensation establishment of affected type of loss owners/ individuals - Amount compensated by type and owner - Number of replacement houses constructed - Possession of latrines - Water supply access - Number of alternate livelihood options developed

The World Bank will also review the use of safeguards screening forms and ARAPs on a random basis and carry out field trips as part of supervision missions to verify safeguard compliance in line with this RPF and ESMF and other relevant project documents.

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11. GRM If any complaints result from the resettlement process, it can be raised via the project GRM outlined in the Chapter 10 of this ESMF.

12. Budget The present activities are not expected to involve any involuntary resettlement. However, the government (MOALI) agrees to make the budget available if required.

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Annex 8: Guidance for Dam Safety Assessments

Although the project will not finance the construction of new dams, the project-financed irrigation systems will involve schemes connected to existing dams. OP 4.37 is triggered as the performance of the World Bank-financed project (or in this case, rehabilitation of existing schemes) is dependent on an existing dam. A preliminary project list is shown in Table 38.

Description of Project Typologies

The above projects are categorized into 4 stages dependent on their complexity for safeguard assessment (see Table 37).

Table 37: Four Stage Categorization of Irrigation Projects

Stage Description

Stage 1a Special maintenance and repair works of existing non-reservoir irrigation schemes (not connected to dams).

Stage 1b Light rehabilitation of existing non-reservoir irrigation scheme (not connected to dams).

Stage 2 Existing irrigation schemes connected to dams which are Under ADSP (i.e. Completed dam safety assessment) which has confirmed that there are no serious dam safety issues except for some minor repairs and/or safety enhancement measures.

Stage 3 Existing schemes connected to an existing dam but no existing dam safety assessments have been done. Also, existing schemes connected with existing dam whose safety assessments have confirmed that there are some dam safety issues which can be addressed without significant and complex remedial works and not to the extent that they would present significant risk to the environment and population.

Risk, Sensitivity and Assignment of Category A and B

When sensitivity is assigned in connection with Category A or B under OP4.01, the sensitivity should be judged not by the dam safety condition nor its risk but by the potential risk of negative impacts caused by undertaking remedial measures. If the remedial works are significant and complex to the extent that they could present significant risk to the environment and population, the dams should be categorized as Category A (High Sensitivity). These cases may include construction of an auxiliary spillway which would require land acquisition, massive foundation excavation and concrete placement that may require new quarries for concrete aggregates, etc. This will be assessed on a project by project basis.

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As per OP4.01, Category A is defined as “A project is classified if it is likely to have significant adverse environmental impacts that are sensitive, diverse, or unprecedented.” There is a footnote for “sensitive” as “A potential impact is considered "sensitive" if it may be irreversible (e.g., lead to loss of a major natural habitat) or raise issues covered by OP 4.04, Natural Habitats; OP/BP 4.10, Indigenous Peoples; OP/BP 4.11, Physical Cultural Resources or OP 4.12, Involuntary Resettlement.”

Similarly, risk of a dam should not be used together when assessing dam safety. The risk of dam (failure) is the product of failure likelihood and consequence (hazard). There may be dams whose risk are rated as high due to very high consequence, such as a large number of downstream population at risk, but the likelihood of dam failure is medium, and the required remedial measures can be provided without involving significant and complex works and not to the extent that they could present significant risk to the environment and population. Indeed, the remedies would provide significant positive impacts by addressing the dam’s deficiencies and protecting the downstream people. In this type of “high risk” dams, there is no need to assign them under Category A (High Sensitivity).

Dam Safety Assessment

The project will arrange for an independent dam specialist to: (1) inspect and evaluate its safety status and performance history, (2) review and evaluate the O&M procedures, and (3) provide a written report of findings and recommendations for any remedial or safety-related measures. A dam safety assessment will be performed in line with OP 4.37.

Based on results from this assessment, the project will develop safeguards instruments and an Emergency Preparedness and Response Plan for each connecting dam and scheme. The project will explicitly exclude those irrigation schemes which involve high-sensitivity risk dams that will require significant and complex remedies/improvements to the extent that they would present significant risks to the environment and population, and require reclassification of the project as a Category A project.

For Stage 3 irrigation schemes, the project will have a two-step dam safety assessment process:

• Firstly, an overall assessment of the condition of the dam and appurtenant structures and risks will be done by one or more independent dam safety experts (individual consultants). This assessment will be conditional to confirm the selection of the specific Stage 3 schemes to make sure they will remain with Category B in line with OP4.37. The project will explicitly exclude the irrigation schemes which involve high-risk dams that will require significant and complex improvements, present significant risks to the environment and population, and require reclassification of the project as a Category A project.

• Upon the confirmation of the selection, as second step, a full dam safety assessment will be conducted to include hydrological, hydraulic, geotechnical,

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seismic, and electro-mechanical aspects in line with OP 4.37. This will be part of the TA firm.

Based on results from this assessment, the project, with support from TA firm, will develop Dam Safety Plans, including an Emergency Preparedness and Response Plan and a O&M plan for each connecting dam. The Instrumentation Plan will also be developed as part of the O&M Plan or as a separate Plan. Depending on the nature and scope of the required remedial works, a Construction Supervision & Quality Assurance Plan may be prepared in a commensurate manner to the type /scope of works.

These dam safety plans (including dam safety assessments) will be reviewed by one or more independent dam safety specialist(s), who will: (1) inspect and evaluate its safety status and performance history, (2) review and evaluate the O&M procedures, and (3) provide a written report of findings and recommendations for any remedial or safety-related measures.

These dam safety plans (including dam safety assessments) should be completed prior to the completion of the detailed design of each scheme and should be submitted to the Bank for review and no-objection.

For small dams (below the threshold of large dams as aforementioned), generic dam safety measures designed by qualified engineers are usually adequate. Confirmation is required that the Environmental Assessment has determined there would be no risk or negligible risk of significant adverse impacts due to potential failure of the structure to local communities and assets.

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Table 38: Preliminary List of Projects under Subcomponent 1d

S.N. Initial Irrigation scheme Command/ Connected Dam/Reservoir Safeguard Costs Region/State TSs Preparation assessment protected Instruments (and US$ Status of stage Area [ha] Name Height Storage status) Million (m) (103m3)

1 Stage 1.a Re-sectioning of 6,590 N/A N/A N/A ECoP as currently 0.658 Mandalay, TBC Detailed list distributary and used by IWUMD. No Sagaing, Magway, under minor canals and site specific EMP Shan, Yangon, preparation by water courses needed. Bago and IWUMD Ayeyarwaddy Kachin, Chin, Mon, Kayah, Shan

2 Drainage works 18,000 N/A N/A N/A ECoP. 3.402 Bago, Yangon, TBC Detailed list Ayeyarwaddy under preparation by IWUMD.

3 Stage 1b Embankment for 10,400 N/A N/A N/A Additional 8.158 Ayeyarwaddy Labutta sea water Environmental intrusion Assessment may be (new required embankments)

4 Stage 2 Thae Gaw 4856 Thae Gaw 25 64759 ESMF and ESMP 2.063 Bago Letpadan Irrigation Network (Dam safety plan is Rehabilitation 800 ha being drafted and under will be submitted to NFASP the Bank by December 2020)

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5 Zee Daw Irrigation Myogyi 79 443500 ESMF and ESMP 4.873 Mandalay Kyaukse Network 44,000 Dam (Dam safety plan is and Rehabilitation 638700 being drafted and Sinkaing (Weir system) 10,000 Zawgi dam 44 will be submitted to under (60 km the Bank by NFASP upstream) December 2020)

6 Sin The Irrigation 13,112 Sin The 33 176391 ESMF and ESMP 6.488 Naypyitaw Tatkone Network (first draft Rehabilitation 400 under submitted in NFASP November 2018, being revised and will be submitted by December end 2020) 7 Stage 3 Mezale Irrigation 22,200 Mone 61 831872 ESMF and ESMP. A 8.920 Magway Pwintphyu Network Chaung Dam Safety Rehabilitation Assessment, Dam Safety Plans Gyiyay documents and Gyibwar TBC TBC Emergency Preparedness Plans will be required.

8 Linzinn Irrigation 10,000 Sa Lin 67 164056 ESMF and ESMP. A 6.400 Magway Salin Network Dam Safety Rehabilitation Assessment, Dam Safety Plans documents and Emergency Preparedness Plans will be required..

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9 Lyma Irrigation 260 Mann 41 148020 ESMF and ESMP. A 4.276 Magway Ngaphe Network chaung Dam Safety Rehabilitation Assessment, Dam Safety Plans documents and Emergency Preparedness Plans will be required. Note: This list is preliminary and will be further defined as details become available during project implementation

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Annex 9: Guidance for Identification of Risk Level of Laboratories

Three types of risks can be identified in chemical and biological laboratories, namely chemical, biological, and physical. These risks are associated to chemical, biological or physical agents; example of the first are risks derived from substances classified as hazardous, examples of the second are risks derived from pathogenic organisms, example of the third are risks associated to the use of radioactive elements.

In order to assess the risk, two steps should be done:

• Identification of Hazard: the potency of a certain agent should be known and assesses on the basis of international classification (as for example the GHS system for chemical substances). • Management of the Risk: Hazardous agents that are not handled properly may give rise to unacceptable exposure of laboratory operators or external environment. The combination between hazardous agents and unacceptable exposure to them generates risks.

Table 39 below indicates the identification of the three hazards (chemical hazard, physical hazard, and biological hazard) with references for its respective measures of each hazard. Table 39: Identification of Laboratory Hazards

Chemical Hazard Identification of Hazard Management of the Risk

A chemical substance is to be classified as Highly Proper handling, storage and disposal of the Hazardous is it is assigned a Hazard corresponding to chemicals is described in the US NIH publication the following Statements, as defined in Annex III of “Prudent Practices in the Laboratory: Handling and the UNECE Globally Harmonized System (GHS) of Management of Chemical Hazards” Classification and Labelling of Chemicals: https://www.ncbi.nlm.nih.gov/books/NBK55878/

http://www.unece.org/fileadmin/DAM/trans/danger/ In particular, under Sections 6.C and 6.D describe publi/ghs/ghs_rev02/English/07e_annex3.pdf the procedures for working with hazardous and H200-203, H220, H224, H250, H271, H300, H301, highly toxic chemicals. H304, H310, H311, H330, H331, H340, H341, H350, H351, H360, H361, H362, H370, H400, H410 In particular, under Sections 8.B and 8.D describe the procedures for hazardous waste management. All other substances that do not report the above- mentioned H Statements (i.e. other Statements are Corresponding Precautionary (“P”) phrases should assigned) should be considered as Medium to Low be reported for each hazardous chemical substance, Hazard. as per the quoted GHS Classification system. The P phrase describes recommended measures that The H Statements are always reported on the should be taken to minimize or prevent adverse packaging in which the substance is contained, and in effects resulting from exposure to a hazardous the Safety Data Sheet accompanying the substance. product, or improper storage or handling of the said hazardous product.

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Biological Hazard Identification of Hazard Management of the Risk

A practical classification of the level of risk associated The laboratory should be designed following the to a biological laboratory can be found in: WHO classification for the relevant level of biosafety, https://www.labmanager.com/lab-health-and- the criteria are reported in the WHO Laboratory safety/2010/12/biosafety-levels-1-2-3- Biosafety Manual: 4#.XfYWHOhKg2w https://www.who.int/csr/resources/publications/bio safety/en/Biosafety7.pdf - Level 1 applies to work with agents that usually pose a minimal potential threat to Proper handling, storage and disposal of biological laboratory workers and the environment. agents are also described in the US NIH publication - Level 2 covers work with agents associated “Prudent Practices in the Laboratory: Handling and with human disease, e.g. pathogenic or Management of Chemical Hazards” infectious organisms posing a moderate https://www.ncbi.nlm.nih.gov/books/NBK55878/ hazard. In particular Section 6.E.1 describes safe handling of - Level 1 and 2 are considered of low risk. biological agents. - Level 3 includes working with agents strictly controlled and registered with appropriate government agencies, such as indigenous or exotic agents that may cause serious or lethal disease via aerosol transmission. - Level 4 includes working with extremely dangerous agents posing high risk of life- threatening disease (Ebola virus, Lassa virus, agents with unknown risks of pathogenicity and transmission). - Levels 3 and 4 define high biosafety risk.

The international biohazard warning symbol and sign must be displayed on the doors of the rooms where microorganisms of Risk Group 2 or higher risk groups are handled.

Physical Hazard Identification of Hazard Management of the Risk

Several sources of physical hazard are usually present Laboratories are expected to identify the sources of in laboratories. These include compressed gas physical risk and handle them in accordance to the cylinders, heat and heating devices, electric devices, applicable National legislation or international autoclaves, centrifuges, cryogenic devices, sources of standards. radiations such as X-rays, laser, irradiation units and others. Special handling instructions and special Signs shall be used when legally required, or marking can apply to these hazards, according to otherwise suggested by good practices. international or national standards. For example, the radiation hazard symbol of ISO For examples ICC (International Code Council) applies 21482 standard, or the traditional tri-foil symbol to compressed gases and cryogenic fluids shall be used for any equipment or sources of https://codes.iccsafe.org/content/IFC2018/CHAPTER- radiation falling under categories 1, 2 and 3 of the 53-COMPRESSED-GASES?site_type=public; quoted IAEA system. https://codes.iccsafe.org/content/IFC2018/CHAPTER- https://www.remm.nlm.gov/radsign.htm 55-CRYOGENIC-FLUIDS

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Identification of Hazard Management of the Risk

The European Norm EN1089-3 uses color codes for compressed gas cylinders to identify the gas and the potential hazards https://www.google.com/search?q=EN+1089- 3&oq=EN+1089- 3&aqs=chrome..69i57j0l7.4094j0j8&sourceid=chrome &ie=UTF-8

Concerning the use of radiation sources, the IAEA categorization system applies https://www- pub.iaea.org/MTCD/publications/PDF/Pub1227_web. pdf

Identification of level of risk for a laboratory

Table 40 shows the identification of a laboratory with risk priority. For example, each hazard for a laboratory is figured out as high hazard based on identification of hazard, but the laboratory has developed proper management on each hazard. In such case, it is identified as Low Risk of each hazard. On the other hand, a Laboratory is defined as under High Risk of each hazard when a laboratory where a high hazard is identified, and the laboratory fails to comply with the management procedures of the risk associated to such hazard.

Table 40: Identification of Laboratory Risk Priority

Management of Level of Risk for a Laboratory Hazard High Hazard Risk High Risk Low Risk Yes Yes Yes Chemical Yes No Yes Biological Yes Yes Yes Yes No Yes Yes Yes Yes Physical Yes No Yes

As overall, proper Personal Protection Equipment (PPE) shall be worn by lab personnel as appropriate for the type of activity done, irrespective of the Risk Priority of the laboratory.

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Annex 10: Proposed List of Laboratories to be Implemented Under NFASP

Table 41 below provides details of proposed laboratories under NFASP.

Table 41: Details of Proposed Laboratories Under NFASP

Type of National Pre-identified investment Status of Sub- Reference or Department Risk Category Sr. Name of Lab/Location Location New/ Purpose lab components Service /Division (as of desktop Existing/ templates laboratory review) Expansion Component 1: Agriculture Productivity Enhancement and Diversification 1 Plant Bio-technology Yangon New within Genetically 1.a National Received Department of High Center/Padauk St, near pale the same Improvement (Research) reference lab Agriculture Junction, Pale Myothit, compound on locally Mingaladontsp,Ygn of Lab in adapted crop Horticulture and Yangon for climate Plant resilience and Biotechnology high quality Division 2 Hmawbi (Myanmar Rice Hmawbi Existing Strengthening 1.b Regional/Servi Received Department of Moderate Research Institute- MRRC) Township, Seed ce Laboratory Agriculture Seed Testing Laboratory North Certification culture Yangon Seed Health Center, Yangon system in Yangon District, Myanmar Seed Division Yangon Email: Division directordoa.seeddivision @gmail.com

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Type of National Pre-identified investment Status of Sub- Reference or Department Risk Category Sr. Name of Lab/Location Location New/ Purpose lab components Service /Division (as of desktop Existing/ templates laboratory review) Expansion 3 Naypyitaw Seed Testing NPT Existing Strengthening 1.b Regional/Servi Received Department of Moderate Laboratory and Naypyitaw Seed ce Laboratory Agriculture Seed Health Center Certification culture system in Myanmar Seed Division

State Agricultural Institute Pyinmana Tsp. Naypyitaw Email: directordoa.seeddivision @gmail.com

4 Mandalay Seed Testing Mandalay Existing Strengthening 1.b Regional/Servi Received Department of Moderate Laboratory and Mandalay Seed ce Laboratory Agriculture Seed Health Center Certification culture system in Myanmar Seed Division Email: directordoa.seeddivision @gmail.com

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Type of National Pre-identified investment Status of Sub- Reference or Department Risk Category Sr. Name of Lab/Location Location New/ Purpose lab components Service /Division (as of desktop Existing/ templates laboratory review) Expansion 5 Muse Land Use Laboratory New To Reduce fake 1.b Local Service Received High Land Use Lab, Department of fertilizer Laboratory Agriculture, Department of Muse distribution in Department of Agriculture, Muse District, District, the market by Agriculture Northern Shan State, Shan state facilitating Myanmar Inspection Land Use districtoffice.doa.muse@gmai Process Division l.com

Component 2: Value Chain Development for Competitiveness 6 HteeSaung LN2 Processing Myinmu New Promotion of Comp 2.a Regional/ Received Livestock Moderately Plant Lab Township Artificial value chain Service Breeding and high HteeSaung Village, Myinmu Sagaing Insemination Laboratory Veterinary Township Sagaing Region Region Service and National Dept.(LBVD) Email:drmyintnaing80@gmail. Upgrading of Standards com natural breeding for the development of cattle production in Myanmar

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Type of National Pre-identified investment Status of Sub- Reference or Department Risk Category Sr. Name of Lab/Location Location New/ Purpose lab components Service /Division (as of desktop Existing/ templates laboratory review) Expansion 7 Sugarcane Biotechnology NPT Existing Research on 2.b Regional Received Department of High laboratory for Sugarcane Service lab Agriculture varietal Varietal improvement. improvement Sugar Crop Pyinmana Sugarcane and crop Division Research Farm production Postal code 15011 development Pyinmana township/ Naypyitaw

8 Plant Bio-technology Yangon New within GMO detection 2.b Yes Received Department of High Center/Padauk St, the same and Agriculture near pale Junction, compound identification Pale Myothit, of Lab in Level 3 Horticulture and Mingaladontsp,Ygn Yangon biosafety lab is Plant Plant Bio-technology proposed Biotechnology Center/Padauk St, Division near pale Junction, Pale Myothit, Mingaladontsp,Ygn

Plant Bio-technology Yangon Nutrition Crop Nutrition 2.b Yes Received High Center/Padauk St, Improvement Department of near pale Junction, through Agriculture Pale Myothit, Biotechnology Mingaladontsp,Ygn (plant safety for Horticulture and trade support, Plant adaptation of

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Type of National Pre-identified investment Status of Sub- Reference or Department Risk Category Sr. Name of Lab/Location Location New/ Purpose lab components Service /Division (as of desktop Existing/ templates laboratory review) Expansion plants (rice, Biotechnology mango) to Division climate change through genetic crossing, and cloning for quality improvement. The lab aims at ISO 17025 accreditation for the support of trade of domestic specialties.) 9 Land Use Laboratory, Yangon Existing Construction 2.b National Received Department of High Risk Gyogone, Insein tsp, Yangon of new ISO lab Reference Agriculture

Email:[email protected] Providing Land Use Equipment’s to Division Laboratory at Yangon

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10 Land Use, Nay Pyi Taw NPT New Email:[email protected] 2.b National Received Department of High Reference Agriculture

Land Use Division -

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Type of National Pre-identified investment Status of Sub- Reference or Department Risk Category Sr. Name of Lab/Location Location New/ Purpose lab components Service /Division (as of desktop Existing/ templates laboratory review) Expansion 11 Sugar Quality National NPT New Establishment 2.b National Received Department of Moderate Reference of Sugar quality reference labs Agriculture Laboratory for National Centrifuged Sugar Reference Sugar Crop Pyinmana Sugarcane laboratory for Division Research Farm Centrifuged Postal code 15011 Sugar Pyinmana tsp / Naypyitaw

12 Value chain cluster develop Shan- Upgraded Establishment 2.a Service Received Department of Moderate ment for Temperate fruit Kalaw, Of tissue culture Agriculture (tissue lab) Chin- Haka, Lab for Horticulture temperate fruits Division

13 Soil, Seeds and Pest Kachin New Establishment 1.b Service lab received Department of High Laboratories (Myikyinar) of Agriculture (6) numbers Kayin recommended Land Use (It is pending now, it will be (Myawadd laboratories for Division considered at restructuring. y), Agro Included in additional version) Chin commodities (Falam), Taninthery ee (Dawei), Shan (Terchileik) Sagaing (Monywer)

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Type of National Pre-identified investment Status of Sub- Reference or Department Risk Category Sr. Name of Lab/Location Location New/ Purpose lab components Service /Division (as of desktop Existing/ templates laboratory review) Expansion 14 Mobile laboratory for soil, Sagaing New Improving 1.C Service received Department of High fertilizer and plant analysis (Sagaing) Fertilizer laboratory Agriculture (5) numbers of mobile cars Magway Recommendatio Land Use Email:[email protected] (Magway) n Services for Division Bago Efficient Use of (Pyae) Fertilizer and Ayarwaddy Soil Health (Hinthada) Shan (Taungyi)

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Annex 11: List of Prohibited Chemicals and Restricted Chemicals

As per notification (3/2016) of Central Leading Board on Prevention of Hazard from Chemical and Related Substances, the 26 numbers of Persistent Organic Pollutants(POPs) which were specified by Stockholm Convention, the one number of chemical which was banned by Vienna Convention and Montreal Protocol, the 26 numbers of Prior Informed Consent pesticide which were issued by Pesticide Registration Board (Ministry of Agriculture, Livestock and Irrigation) with the notification number(1/2013) and the 12 numbers of chemical in Schedule-1 of Chemical Weapon Convention, totally, the 65 numbers of chemical are specified as the Prohibited Chemicals under section 5, sub-section (h) of Prevention of Hazard from Chemical and Related Substance Law:

Persistent Organic Pollutants (POPs) which were specified by Stockholm Convention

• Aldrin; Chlordane; Dieldrin; Endrin; Heptachlor; Hexachlorobenzene; Mirex; Toxaphene; Polychlorinated Biphenyls (PCBs); Chlordecone; Alpha Hexachlorocyclohexane(α-HCH); Beta Hexachlorocyclohexane(β-HCH); Lindane (Gamma Hexachlorocyclohexane); Pentachlorobenzene; Hexabromobiphenyl; Hexabromodiphenyl Ether and Heptabromodiphenyl Ether; Tetrabromodiphenyl Ether and Pentabromodiphenyl Ether; Dichlorodiphenyltrichloroethane(DDT); Perfluorooctane Sulfonic Acid(PFOS), its salts and PFOS- fluoride; Dioxins(Polychlorinated-dibenzo-ρ-dioxins); Furans(Polychlorinated- dibenzofurans); Endosulfan; Hexabromocyclododecane; Chlorinated Naphthalenes; Hexachlorobutadiene; Pentachlorophenol.

Banned Chemical by the Vienna Convention and Montreal Protocol

• Chloro-fluro-carbon(CFC)

Prior Informed Consent Pesticide which were issued by Pesticide Registration Board

• Aldicarb; Alachlor; Arsenic Compound; Binapacryl; Captafol; Chlordimeform; Chlorobenzilate; Cyhexatine; Dinoseb; DNOC; Ethylene Dibromide(EDB); Ethylene Dichloride; EPN; Ethylene Oxide; Fluoroacetamide; Methomyl; Mercury Compounds; Methamidophos; Methyl Parathion; Monocrotophos; Parathion Ethyl; Pentachlorophenol(PCP); Phosphamidon; Strobane; 2,4,5- T and2,4,5-TP; Tributyltin Compound

Chemicals in Schedule-1 of Chemical Weapon Convention Toxic chemicals:

• O-Alkyl(≤C10, incl.cycloalkyl) alkyl(Me, Et, n-Pr or i-Pr)-phosphonofluoridatese.g. Sarin :O-Isopropyl ethylphosphonofluoridate Soman :O-Pinacolyl ethylphosphonofluoridate • O-Alkyl(≤C10, incl.cycloalkyl) N,N-dialkyl (Me, Et, n-Pr or i-Pr)

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phosphoramidocyanidatese.g Tabun O-Ethyl N,N-dimethyl phosphoramidocyanidate • O-Alkyl( H or ≤C10, incl.cycloalkyl) S-2-dialkyl (Me, Et, n-Prori-Pr)-aminoethyl alkyl(Me, Et, n-Pr or i-Pr)phosphonothiolates and corresponding alkylated or protonated saltse.g VX :O-Ethyl S-2 diisopropylaminoethylmethylphosphonothiolate • Sulfur mustards: o 2-Chloroethylchloromethylsulfide Mustard gas: Bis(2-chloroethyl)sulfide Bis(2- chloroethylthio)methane o Sesquimustard: 1,2-Bis(2-chloroethylthio)ethane 1,3-Bis(2-chloroethylthio)-n- propane o 1,4-Bis(2-chloroethylthio)-n-butane 1,5-Bis(2-chloroethylthio)-n-pentane Bis(2-chloroethylthiomethyl)ether o O-Mustard:Bis(2-chloroethylthioethyl)ether • Lewisites: o Lewisite 1: 2-Chlorovinyldichloroarsine o Lewisite 2: Bis(2-chlorovinyl)chloroarsine o Lewisite 3: Tris(2-chlorovinyl)arsine • Nitrogen mustards: o HN1: Bis(2-chloroethyl) ethylamine o HN2: Bis(2-chloroethyl) methylamine HN3: o Tris(2-chloroethyl) amine • Saxitoxin • Ricin

Precursors:

• Alkyl (Me, Et, n-Pr or i-Pr) phosphonyldifluoridese.g. DF: Methylphosphonyldifluoride • O-Alkyl (H or ≤ C10 , incl. cycloalkyl) O-2-dialkyl (Me, Et, n-Pr or i-Pr) - aminoethyl alkyl(Me, Et, n-Pr or i-Pr) - phosphonites and corresponding alkylated or protonated saltse.g. QL : O-Ethyl O-2-diisopropylaminoethyl methylphosphonite • Chlorosarin: O-Isopropyl methylphosphonochloridate • Chlorosoman: O-Pinacolyl methylphosphonochloridate

Annex 12 (b): List of Restricted Chemicals As per notification (2/2016) of Central Leading Board on Prevention of Hazard from Chemical and Related Substances, the 26 numbers of Controlled Precursor Chemical which were issued by Ministry of Health with the notification number (1/2012), the one number of chemical which was banned by Vienna Convention and Montreal Protocol and two other chemicals, totally, the 29 numbers of chemical are specified as the Restricted Chemicals under section 5, sub-section (h) of Prevention of Hazard from Chemical and Related Substances Law:

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Controlled Precursor Chemicals:

• Acetic Anhydride • N- Acetylanthranilic Acid (3) Ephedrine • Ergometrine • Ergotamine • Isosafrole • Lysergic Acid • 3-4 Methylenedioxyphenyl-2-propanone • Norephedrine • 1-Phenyl-2-Propanone • Piperonal • Potassium Permanganate • Pseudoephedrine • Safrole • Acetone • Anthranilic Acid • Ethyl Ether (or) DiethylEther • Hydrochloric Acid • Methyl Ethyl Ketone • Phenylacetic Acid • Piperidine • Sulphuric Acid • Toluene • Safrole rich oil • Caffeine • Thionyl Chloride

Banned Chemical by Vienna Convention and Montreal Protocol

• Hydro-chloro-fluro-carbon(HCFC)

Other Chemicals

• Mercury • Sodium Cyanide

In addition, to effort control of antimicrobial resistance and ensure rational use of antimicrobials in animal production and health, the OIE List of Antimicrobials of Veterinary Importance 2007 and WHO Highest Priority Critically Important Antimicrobials 2019 will be followed. Under Component 2, control of animal diseases, awareness building for rational use of antimicrobial will be done using One Health approach.

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Annex 12: Example of Code of Conduct (CoC) for Contractor’s Personnel (ES) Form

The minimum content of the Code of Conduct form as set out by the Employer shall not be substantially modified. However, the Bidder may add requirements as appropriate, including to take into account Contract-specific issues/risks

CODE OF CONDUCT FOR CONTRACTOR’S PERSONNEL

We are the Contractor, [enter name of Contractor]. We have signed a contract with [enter name of Employer] for [enter description of the Works]. These Works will be carried out at [enter the Site and other locations where the Works will be carried out]. Our contract requires us to implement measures to address environmental and social risks related to the Works, including the risks of sexual exploitation and assault and gender-based violence. This Code of Conduct is part of our measures to deal with environmental and social risks related to the Works. It applies to all our staff, labors and other employees at the Works Site or other places where the Works are being carried out. It also applies to the personnel of each subcontractor and any other personnel assisting us in the execution of the Works. All such persons are referred to as “Contractor’s Personnel” and are subject to this Code of Conduct. This Code of Conduct identifies the behavior that we require from all Contractor’s Personnel. Our workplace is an environment where unsafe, offensive, abusive, or violent behavior will not be tolerated and where all persons should feel comfortable raising issues or concerns without fear of retaliation.

REQUIRED CONDUCT Contractor’s Personnel shall: 1. Carry out his/her duties competently and diligently. 2. Comply with this Code of Conduct and all applicable laws, regulations and other requirements, including requirements to protect the health, safety and well-being of other Contractor’s Personnel and any other person. 3. Maintain a safe working environment including by: a. ensuring that workplaces, machinery, equipment and processes under each person’s control are safe and without risk to health. b. ensuring that the obligation of workers for performing activities in line with the site specific OHS management plan as well as for particular OHS measures for their respective working positions. c. wearing required personal protective equipment. d. using appropriate measures relating to chemical, physical and biological substances and agents; and

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e. following applicable emergency operating procedures. 4. Report work situations that he/she believes are not safe or healthy and remove himself/herself from a work situation which he/she reasonably believes presents an imminent and serious danger to his/her life or health. 5. Treat other people with respect, and not discriminate against specific groups such as women, people with disabilities, migrant workers or children. 6. Not engage in any form of sexual harassment including unwelcome sexual advances, requests for sexual favors, and other unwanted verbal or physical conduct of a sexual nature with other Contractor’s or Employer’s Personnel. 7. Not engage in Sexual Exploitation, which means any actual or attempted abuse of position of vulnerability, differential power or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another. In Bank financed projects, sexual exploitation occurs when access to or benefit from Bank financed, Goods, Works, Consulting or Non-consulting services is used to extract sexual gain. 8. Not engage in Sexual Assault, which means sexual activity with another person who does not consent. It is a violation of bodily integrity and sexual autonomy and is broader than narrower conceptions of “rape”, especially because (a) it may be committed by other means than force or violence, and (b) it does not necessarily entail penetration. 9. Not engage in any form of sexual activity with individuals under the age of 18, except in case of pre-existing marriage. 10. Complete relevant training courses that will be provided related to the environmental and social aspects of the Contract, including on health and safety matters, and Sexual Exploitation and Assault (SEA). 11. Report violations of this Code of Conduct. 12. Not retaliate against any person who reports violations of this Code of Conduct, whether to us or the Employer, or who makes use of the [Project Grievance [Redress] Mechanism].

RAISING CONCERNS If any person observes behavior that he/she believes may represent a violation of this Code of Conduct, or that otherwise concerns him/her, he/she should raise the issue promptly. This can be done in either of the following ways: 1. Contact [enter name of the Contractor’s Social Expert with relevant experience in handling gender-based violence, or if such person is not required under the Contract, another individual designated by the Contractor to handle these matters] in writing at this address [ ] or by telephone at [ ] or in person at [ ]; or 2. Call [ ] to reach the Contractor’s hotline (if any) and leave a message.

The person’s identity will be kept confidential, unless reporting of allegations is mandated by the country law.

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Anonymous complaints or allegations can also be submitted and will be given all due and appropriate consideration. We take seriously all reports of possible misconduct and will investigate and take appropriate action. We will provide warm referrals to service providers that may help support the person who experienced the alleged incident, as appropriate.

CONSEQUENCES OF VIOLATING THE CODE OF CONDUCT Any violation of this Code of Conduct by Contractor’s Personnel may result in serious consequences, up to and including termination and possible referral to legal authorities. FOR CONTRACTOR’S PERSONNEL: I have received a copy of this Code of Conduct written in a language that I comprehend. I understand that if I have any questions about this Code of Conduct, I can contact [enter name of Contractor’s contact person with relevant experience in handling gender-based violence] requesting an explanation.

Name of Contractor’s Personnel: [insert name]

Signature: ______

Date: (day month year): ______

Countersignature of authorized representative of the Contractor: Signature: ______Date: (day month year): ______

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Annex 13: Guidance Note on Managing Risks Related to Landmines and UXO in NFASP

Introduction

People who work in areas that have experienced armed conflict or post conflict may be confronted with the threat posed by landmines and explosive hazards, which include unexploded or abandoned ordnance and improvised explosive devices. Any kind of explosive device may pose a direct threat to safety, even years after a conflict has ended. When working in such areas, organizations and individuals must be aware of the physical threats posed by a huge variety of armaments left during and after armed conflict.

Nine out of 14 States in Myanmar are contaminated with landmines and explosive remnants of war (ERW) or unexploded ordnance (UXO) including by newly laid landmines as the conflict expanded in Kachin and Shan States since 2015. Those anti-personnel mines pose a clear and present danger to civilians in the conflict areas of Myanmar. Existing data available on Unexploded Ordnance (UXO) and landmine victims indicate that Myanmar faces one of the most severe landmine problems in the world today.

Considering the current challenges, risks posed by landmines and UXOs in Myanmar must also be factored in the World Bank projects. Therefore, the overall purpose of this document is to provide a guidance governing responsibilities and procedures to assess and mitigate the landmine/UXO-related hazards on any Bank-funded projects in Myanmar before any construction work commences. This guide also provides insights on how to conduct appropriate landmines/UXO risk management procedures at the design phase, to allocate budget for, and seek appropriate advice on UXO contamination and disposal.

The main audience of this guidance note is NFASP Safeguard Teams. However, informing stakeholders throughout the Project area of this risk is recommended.

Firstly, this guide introduces the relevant background related to landmine/UXO-related risks to grasp the definition and raise their awareness in the current situation in Myanmar. Secondly, the Risk Management Framework is introduced to provide the details on how to assess and mitigate the risks, and the procedures to follow, should a landmine/UXO is detected. Thirdly, the guidance note concludes by brief remarks on its limitations.

Background

Existing data available on UXO and landmine victims indicate that Myanmar faces one of the most severe landmine problems in the world today. Accordingly, this section provides relevant background information to familiarize the project teams with the types of explosives, history of landmine risks in Myanmar, impacts of explosives, and the potential risks for the project teams, especially those envisioning construction activities.

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Types of Explosives

This guide note particularly focuses on risks associated with explosives, including but not limited to landmines and unexploded ordnances (UXOs), improvised explosive devices (IEDs), cluster munitions, abandoned explosive ordnances, and other explosive remnants of war (ERW). In the scope of this document, these terms have been used interchangeably since the risks response regarding each explosive type would be the same in the Risk Management Framework.

Landmines are victim-activated explosive traps. They can target a person (anti-personnel landmines) and/or a vehicle (anti-vehicle landmines). Some can be buried under the ground, while others are placed on stakes or fixed to objects above the ground. They can be activated by a range of mechanisms, including pressure, trip wire, electrical command, or magnetic influence. Some modern mines can be initiated using other forms such as electronic sensor.

Unexploded Ordnance (UXO) refers to munitions (bombs, rockets, artillery shells, mortars, grenades and the like) that were used but failed to detonate as intended. Unexploded ordnance is a term encompassing a variety of explosives that has not yet been activated, including, UXOs are usually found in areas where conflict is taking or has taken place or at military firing ranges. UXOs can be discovered inside and outside of buildings and can be buried beneath the ground or hidden beneath rubble or collapsed walls. UXOs can also be found lodged in trees or hanging from branches, hedges, and fences. They are usually made of metal but can also be made of plastic. If they have been in the open terrain for a long time, UXOs may be rusted and discoloured, partially hidden, obscured by dirt and mud, making them difficult to recognize.

Landmines and UXOs are often extremely unstable and can detonate at the slightest touch. Injuries by explosives can often occur when people are farming or undertaking construction work in a contaminated area and touch, move or tamper with them.

Landmine- and Unexploded Ordnance (UXO)-Posed Risks in Myanmar

In Myanmar, more than military personnel, civilians are subjected to landmines, UXOs and other ERW. In addition, even though mines are dispensed by military or non-state actors to inflict injury to the other, landmines/UXOs do not only exist in the conflict zones nor only hurt armed personnel. A Landmine/ERW study conducted in Kachin and Northern Shan States from April to May 2017 by the Danish Refugee Council shows that most of the victims of landmine and ERW are farmers (40%), laborers (11%), or students (11%), while army soldiers represented 8% of the victims.

The fatality rate was 24% and nearly two-thirds of survivors could not continue their livelihood activity due to the severity of the disability caused by the accident. These accidents caused extreme livelihood hardships for the extended families as 80% of the adult victims had children. Moreover, in Kachin State, the internally displaced persons (IDPs) who already have various vulnerabilities face much higher risks for an accident than settled villagers.

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Nine out of 14 States in Myanmar are contaminated with landmines and explosive remnants of war, or unexploded ordnance. A According to the information from the Myanmar Information Management Unit (MIMU), Kayin State is the highest ranked with the number of casualties within the period of 2007 to 2017, and it is followed by Kachin, Bago and Shan State. Other states and regions with landmines contaminations are Kayah, Tanintharyi, Mon, Chin, Rakhine and Sagaing region. In Sagaing region, Indaw, within the Kathar district, is highlighted as a landmine-contaminated area. According to another research conducted by the Danish Refugee Council and the Danish Demining Group in Kayah, Kachin, and Northern Shan States, there were 211 landmines/ERW accidents in between 2013 to 2017. In Kachin state, 53% of the accidents occurred in Bhamo districts (Bhamo, Mansi, Momauk, Lwegel townships), 32% in Monhyin district (Monhyin, Dathponeyang, Hopin, Tanine, Kamaing, Hpakant townships), 14% in Myitkyina district (Myitkyina, Waingmaw, Mogaung Townships) and 1% in Putao district (Sumprabum Township). In Northern Shan state, two third of the accidents happened in Kyaukme District (Kyaukme, Namhsan, Namtu, Hsipaw Townships), 27% in Muse (Namkhan Township) and 9% in Loilen districts.

Although the presence of several mine action actors and coverage of victim assistance programs increased, there is no national systematic collection of casualty data in Myanmar. Due to the lack of an official data collection mechanism, the absence of any basic reporting format or means of data sharing, and the varying sources of annual data available, reporting is believed not to reflect the full extent of mine/ERW incidents and casualties in the country. On the other hand, non-technical survey conducted by international NGOs identified following townships as suspected hazardous area.

• Kayah state: all seven townships; • Kayin state: all seven townships; • Kachin state: Bhamo, Chipwi, Hpakant, Injangyang, Mansi, Mogaung, Mohnyin, Momauk, Myitkyina, Shwegu, Sumprabum, Tanai, Tsawlaw, and Waingmaw; • Mon state: Bilin, Kyaikto, Mawlamyine, Thanbyuzayat, Thaton, and Ye; • Bago region: Kyaukkyi, Shwekyin, Tantabin, and Taungoo; • Rakhine state: Buthidaung, Maungdaw; • Shan state: Hopong, Hsenwi, Hsihseng, Hsipaw, Konkyan, Kutkai, Kyethi, Kyaukme, Langkho, Lashio, Laukkaing, Lawksawk, Loilen, Manton, Mawkmai, Mongmit, Mongshu, Mongpan, Mongton, Monghpyak, Mongyai, Muse, Namhsan Tachileik, Namtu, Nanhkan, Nawnghkio, Pangsang, Tangyan, and Ywangan; • Tanintharyi region: Bokpyin, Dawei, Myiek, Tanintharyi, Thayetchaung, and Yebyu; • Chin state Paletwa; and • Sagaing region: Paletwa.

Potential Risks Landmine/UXO-related Risks of Bank-funded Projects

Considering the broad range of contaminated land in Myanmar, the UXO issue poses a major risk for the NFASP project teams, especially when construction is involved. The risks of landmines and other explosives pose a serious threat to not only community members but also the contractors of NFASP projects, as well as to other stakeholders who will carry

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Risk Management Framework

Following a brief overview, this section provides information on how to i) assess risks related to landmines and UXO; ii) screen and dispose the landmines if needed; iii) mitigate the risks associated with landmines and UXO; and iv) report chance find.

Overview

The framework aims to provide guidance on how to manage the risks associated with the landmines. Overall, any proposed development projects and associated activities that are in the areas of suspected or known landmine/UXO hazard would pose potential risks. All staff, consultants, contractors and the workers must be aware of these posed risks. Figure 20 illustrates the Framework of the Risk Management process. In this respect, the following recommendations must be followed by the Clients and PMOUs of the proposed projects:

• Evaluate the risks of landmine/UXO in the proposed projects and subprojects sites in coordination with military and recognized demining entity. • Conduct mine screening as needed. • Avoid starting any construction activities in landmine/UXO contaminated areas until above procedures are done and clearing by a Government-recognized demining entity has been undertaken. • Consider alternatives to avoid identified landmines contaminated areas where possible.

Risk Assessment

To minimize the risk of landmines and other explosives such as UXOs throughout the project implementation, the suspected area with history of conflict/post conflict will go through a preliminary risk assessment. The preliminary risk assessment form is provided in Table 42.

Township engineers will inquire the community members on previous mine-related accidents and any other information on mine risks within and near the areas where construction will take place. The information provided by the community members will be key considering their personal experiences, and as they tend to be informed about landmine/UXO contamination by the military and the Ethnic Armed Organizations. If the preliminary assessment has identified potential risks, the Project Management Unit (PMUO) of the proposed project will conduct detailed risk assessments by carrying out in- depth interviews with the military and the Ethnic Armed Organizations (EAOs) who were active and are currently active in the area. They will be informed of the objective and nature of the proposed project and requested to provide general map of the mine contamination area. The PMU should arrange the necessary meetings with relevant stakeholders such as the Ministry of Defence.

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Avoidance of contaminated areas is key and must be prioritized during the construction site selection. If the detailed risk assessment has identified potential risks, PMUO should consider alternatives to avoid the contaminated area. When there is a change in project location, it will go through preliminary risk assessment process, and may also go through a detailed risk assessment.

Procedure for Screening and Disposal of Land Mines

If no alternatives to the original project location can be identified and landmine/UXO clearance is inevitable, accredited organizations specialized in mine assessment and clearance should carry out the process. The PMU is responsible for contacting and arranging specialized accredited organization. The specialized agency may screen the landmine/UXO- related risks in the designated area as project construction site, to estimate the removal cost. Clearance procedures should be developed accordingly.

The PMU should timely inform the Bank about the findings of the risk assessment throughout the process.

The procedure after the mine screening is as follows:

• The agency informs the PMU and the Regional Bank Office of the landmine/UXO contamination spots and the quantity that needs to be removed together with estimated cost • The respective Regional Bank Office will assist in the development of a clearance work plan in each province • The screening and disposal process must include not only the construction site, but also a buffer zone around the construction site. The specifications will be determined in a project-specific manner and will be cleared. The screening process should take place within 50 m either side of the 11 kV distribution lines (e.g. 100 m wide zone in total) for maximum area that construction activities might take place • The plan for mine/UXO clearance must be approved by the provincial authority, as well as the Bank. • All clearance works should be completed, and the appropriate documentation should be submitted to the installation contractor before any construction activity begins.

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Figure 20: Landmine/UXO Risk Management Framework

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Risk Mitigation

Even after going through the risk assessment and/or mine clearance process, there are still possibilities for installation workers to encounter suspected ordnances during their work. To minimize the risks that can arise from such encounters, the following measures need to be prepared and provided by the PMU:

• Provide proper UXO awareness for all personnel working or visiting the site (to be provided by HSE officer of PMU). • Prepare a medical response plan (including nearby hospitals that can treat serious laceration and avulsion) should be prepared and notified to all workers by the contractors. • Prepare and implement a ‘Chance Find’ procedure that clearly defines safe actions to be taken if mines or any other suspected ordnances are encountered during construction. • Centrally manage UXO information so that the UXO threat picture is continually revaluated as additional information comes to hand. • Arrange and coordinate immediate landmine/UXO disposal to minimize work stoppages when suspected objects are encountered; and • Inform the mitigation processes to the Bank regularly.

Chance Find Reporting Procedure

In the event of a suspicious UXO find, the following risk mitigation measures should immediately be followed as below:

• The area must be cordoned off appropriately, • Physical measures put in place to avoid unauthorised tampering of the UXO find • Highly visible signs are provided at the HIGH RISK area • The UXO risk is communicated to surrounding communities.

The chance find should be reported to the PMU and the Bank. The PMU will be responsible for the assessment, mitigation, or elimination of any UXO-related hazard, along with other responsible authorities. Figure 21 schematically describes the procedure to be followed by both the chance find personnel and the PMU, in case of chance find.

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Figure 21: Procedure to be Followed by in Case of Chance Find

Limitations of the Guidance Note

The data limitations described in Background Section limits accuracy of risk estimation by states and regions. Since the research is not supported or led by the Ministry of Defense, or any other ministries, the risk and hazards related to the states and regions might not reflect the actual severity of the problem risks. Therefore, an earlier assessment must consider the spatial and temporal uncertainty of data.

It is essential to note that the risks exist even before the project concept stage, therefore risk management must be a part of any preliminary site visits as well.

The framework itself does not provide information on the relevant trainings, yet awareness- raising and relevant training are must be an essential components of risk management. All stakeholders must be informed and be aware of the potential risks and mitigation measures, including NFASP and World Bank staff, relevant ministries, construction contractors, construction personnel, other workers, and local stakeholders.

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Table 42: Preliminary Risk Assessment Form

Details

Name of assessor

Date of assessment

Site Address

Development Proposed

Historical findings

Name of Detail interviewee

Findings from Interviews

Probability and risk of UXO encounter Rating

Threat potential / Probability42

Recommendation

42 The threat probability rating is extracted from CIRIA C681: Unexploded Ordnance (UXO) 253

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Annex 14: Terms of Reference (TORs) for PMU Consultants– NFASP

Seven experts will be hired to provide technical assistance to NFASP – two international consultants, four national consultants and one dam safety specialist. The two international consultants (one environmental and one social) will be hired full time for the first two years and part-time from that time on, as needed. The two national consultants will be full time for the duration of NFASP (150-200 days per year) with a specific focus on some states and regions, ethnic groups, and technical issues. They will work closely with the PMU E&S safeguards team.

Due to the COVID-19 pandemic, the international consultants may be required initially to work remotely with the national consultants.

The following is a summary of the terms of reference for each position.

(1) Position – International Environmental Consultant

Major Tasks and Responsibilities (from Environmental Aspect)

- Provide specialist advice to the PMU on matters relating to environmental safeguard compliance in all aspects of the Project in accordance to the project’s ESMF and associated safeguard instruments specifically and WB safeguard policies/guidelines and country safeguards requirements in general. The purpose of this advice is to ensure that each project activity is implemented in compliance with the environmental safeguard requirements under the ESMF and NFASP. This will include advice concerning all environmental elements of safeguard management, and performance, supervision and compliance monitoring, including for example, relevant advice during procurement/tendering as well as during contract management of activities once they have commenced. - Support PMU on all aspects of proper implementation of the ESMF, including but not limited to: - Safeguard Screening Process to(a) Identify the eligibility of activity activities, and (b)Review and verify the screening results. - Providing clear guidance and procedures to follow for the preparation of Environmental and Social Impact Assessment and Environmental and Social Management Plan for activities as required. - Ensure that the English language safeguards documents are of the required standards and properly written. - Ensure Environmental Safeguard measures are adequately reflected in bid and contract documents, including in the contractors C-ESMP. - Ensure that GRM is set up and functioning well with a proper record system, and that complaints are resolved effectively. - Lead the national environmental specialists and provide guidance and advice as necessary. - Support Project Management Unit (PMU) upon overall implementation and

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monitoring of the ESMF, including the reporting of such monitoring. - Conduct selective visits to the project sites, when possible, to confirm environmental classifications, impacts and mitigation measures as per necessary. - Guide and assist the Project Management Unit (PMU) to prepare the semi-annual progress report and ensure documents are of the required standards and properly written. - Prepare the training note and assist for screening checklist for each activity. - Provide training to ensure that the PMU and Technical Departments have a comprehensive understanding of the environmental requirements of the ESMF and Screening, ESMP preparation, Environmental instruments, safeguard implementation, monitoring, documentation, and reporting requirements. - Together with the international social specialist, support the development of and provide training to ensure that PMU and Technical Departments so that they will have a comprehensive understanding of the GRM system and requirements, that all designated GRM staff have a comprehensive understanding of the GRM system, including database and reporting requirements. - Supervise ES focal point of Technical Departments and Environmental and Social Implementers. - Provide guidance and advice to the PMU regarding World Bank requirements and Government expectations of their respective positions. - Record important lessons learned for improved integration of environmental safeguard issues into project implementation. - Support and provide information with World Bank E&S safeguards team, as required.

Minimum Qualifications

- Post-graduate or other advanced university degree (at least MSc. Or equivalent) in the area of Environmental Science/ Environmental Management (other relevant disciplines) from a tertiary institution. - At least 10 years of professional work experience in Environmental Impact Assessment, Implementation, monitoring and Environmental and Social Management Framework (ESMF) and preparation of Environmental and Social Management Plans (ESMP), including 3 years of international experience. - Demonstrated experience in capacity development initiatives, notably at the systematic and institutional levels. - Experience of working and collaboration with a broad range of stakeholders from diverse institutions and levels including governments, civil society, and communities. - Demonstrated ability and report drafting work in concise format and of high quality. - Proven knowledge of World Bank Safeguards Policies and Environmental Conservation Law, Environmental Conservation Rules and Environmental Impact Assessment Procedures of Myanmar. - Knowledge of environmental issues associated with agricultural and irrigation projects is desirable.

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(2) Position – International Social Consultant

Major Tasks and Responsibilities (from Social Aspect) - Provide specialist advice to the PMU on matters relating to social safeguard compliance in all aspects of the Project in accordance to the project’s ESMF and associated safeguard instruments specifically and WB safeguard policies/guidelines and country safeguards requirements in general. The purpose of this advice is to ensure that each project activity is implemented in compliance with the social safeguard requirements under the ESMF and NFASP. This will include advice concerning all social elements of safeguard management, and performance, supervision, and compliance monitoring, including for example, relevant advice during procurement/tendering as well as during contract management - Support PMU on all aspects of proper implementation of the ESMF, including but not limited to: - Safeguard Screening Process to (a) Identify the eligibility of activity activities, and (b)Review and verify the screening results. - Providing clear guidance and procedures to follow for the preparation of Environmental and Social Impact Assessment and Environmental and Social Management Plan for activities as required. - Ensure that the English language safeguards documents are of the required standards and properly written. - Ensure Social Safeguard measures are adequately reflected in bid and contract documents, including social safeguard instruments such as the CPP, ARAP, RAP and the contractors C-ESMP. - Ensure that GRM is set up and functioning well with a proper record system, and that complaints are resolved effectively. - Lead the national social specialists and provide guidance and advice, as necessary. - Support Project Management Unit (PMU) upon overall implementation and monitoring of the ESMF, including the reporting of such monitoring. - Conduct selective visits to the project sites, when possible, to confirm social classifications, impacts and mitigation measures as per necessary. - Guide and assist the Project Management Unit (PMU) to prepare the semi-annual progress report and ensure documents are of the required standards and properly written. - Prepare the training note and assist for screening checklist for each activity. - Provide training to ensure that the PMU and Technical Departments have a comprehensive understanding of the social requirements of the ESMF and Screening, ESMP preparation, social safeguard instruments, safeguard implementation, monitoring, documentation, and reporting requirements. - Together with the international social specialist, support the development of and provide training to ensure that PMU and Technical Departments so that they will have a comprehensive understanding of the GRM system and requirements, that all designated GRM staff have a comprehensive understanding of the GRM system, including database and reporting requirements. - Supervise ES focal point of Technical Departments and Environmental and Social Implementers. - Provide guidance and advice to the PMU regarding World Bank requirements and

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Government expectations of their respective positions. - Record important lessons learned for improved integration of environmental safeguard issues into project implementation. - Support and provide information with World Bank E&S safeguards team, as required.

Minimum Qualifications

- Post-graduate or other advanced university degree (at least MSc. Or equivalent) in social science or other relevant discipline from a tertiary institution. - At least 10 years of professional work experience in Social Impact Assessment, Implementation, monitoring and ESMF, including 3 years of international experience. - Demonstrated experience in capacity development initiatives, notably at the systematic and institutional levels. - Experience of working and collaboration with a broad range of stakeholders from diverse institutions and levels including governments, civil society and communities. - Demonstrated ability and report drafting work in concise format and of high quality. - Proven knowledge of World Bank Safeguards Policies and requirements and Environmental Conservation Law, Environmental Conservation Rules and Environmental Impact Assessment Procedures of Myanmar. - Proven experience in preparing Grievance Redress Mechanism, Community Participation Plan, Land Acquisition and Resettlement Action Plan, Labor Influx Management Plan. - Knowledge of social issues associated with agricultural and irrigation projects is desirable.

(3) Position – National Environmental Consultant

Major Tasks and Responsibilities (from Environmental Aspect)

- Coordinate as environment safeguard issues and lead the discussion and review from environmental perspectives - Identify the eligibility of activity activities. - Review and verify the screened forms. - Review and approve ES Instruments (e.g., ESMP, PMP, etc.). - Prepare training notes and screening checklist for each activity. - In case of preparation of RAP and CPP, prepare it together with Technical Departments. - Conduct overall monitoring of the ESMF implementation with PMU. - Supervise Technical Departments and ESMF implementers/Contractors. - Assist PMU for the preparation of semi-annual progress report. - Assist PMU to review any safeguards requirements and prepare all required documentation, in Burmese, English and any relevant dialects, as necessary. - Supervise and support all safeguard related surveys and data collection activities. - Supervise any negotiated settlement activities to ensure compliance with the Project’s requirements, according to Government regulations and World Bank Policy. - Coordinate between International Consultants and PMU. - Provide input into any relevant documentation.

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Minimum Qualifications

- Postgraduate or other advanced university degree (at least MSc. Or equivalent) in the area of Environmental Science/ Environmental Management (other relevant disciplines). - 7-year experiences in environmental impact assessment, implementation and monitoring. - Familiar with working procedures of Government Institutions of Myanmar. - Experience of working and collaboration with a broad range of stakeholders from diverse institutions and levels including governments, civil society and communities. - Demonstrated ability and report drafting work in concise format and of high quality. - Extensive experience analyzing data and preparing analytical reports. - Proven knowledge of World Bank Safeguards Policies and requirements and Environmental Conservation Law, Environmental Conservation Rules and Environmental Impact Assessment Procedures of Myanmar.

(4) Position – National Social Consultant

Major Tasks and Responsibilities

- Identify the eligibility of activity activities. - Review and verify the screened forms. - Review and approve ES Instruments (e.g., ESMP, RAP, etc.). - In case of preparation of RAP and CPP, prepare it together with Technical Departments. - Prepare training note and screening checklist for each activity. - Conduct overall monitoring of the ESMF implementation with PMU. - Supervise ES focal point of Technical Departments) and Contractors. - Assist PMU for the preparation of semi-annual progress report. - Assist PMU in conducting consultations, information dissemination with all relevant stakeholders and communities. - Assist PMU to review any safeguards requirements and prepare all required documentation, in Burmese, English and any relevant dialects as necessary. - Supervise and support all safeguard related surveys and data collection activities. - Supervise any negotiated settlement activities to ensure compliance with the Project’s requirements, according to Government regulations and World Bank Policy. - Coordinate between International Consultants and PMU. - Provide input into any relevant documentation.

Minimum Qualifications

- Postgraduate or other advanced university degree (at least MSc. Or equivalent) in social science, psychology, or other relevant discipline. - 7-year experiences in social impact assessment, implementation, and monitoring. - Familiar with working procedures of Government Institutions of Myanmar. - Experience of working and collaboration with a broad range of stakeholders from diverse institutions and levels including governments, civil society, and communities.

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- Demonstrated ability and report drafting work in concise format and of high quality. - Extensive experience analyzing data and preparing analytical reports. - Proven knowledge of World Bank Safeguards Policies and requirements and Environmental Conservation Law, Environmental Conservation Rules and Environmental Impact Assessment Procedures of Myanmar. - Familiar with or experience in preparing Grievance Redress Mechanism, Community Participation Plan, Land Acquisition and Resettlement Action Plan, Labor Influx Management Plan and so on.

(5) Position National Safeguard Consultant for Environment- Part time)

Major Tasks and Responsibilities

- Support national environment safeguard consultant (full time) on specific issues and locations. - Travel expensively to the project regions and states. - Support the full-time national consultant in identifying the eligibility of activity activities. - Support the full-time national consultant Review and verify the screening forms. - Support the full-time national consultant Review and approve ES Instruments (e.g., ESMP, PMP, etc.). - Support the full-time national consultant to prepare training notes and screening checklist for each activity. - In case of preparation of RAP and CPP, support the full-time national consultant to prepare these documents together with Technical Departments. - Support the full-time national consultant to conduct overall monitoring of the ESMF implementation with PMU. - Support the full-time national consultant to supervise Technical Departments and ESMF implementers/Contractors. - Assist PMU for the preparation of the semi-annual progress report. - Assist PMU to review any safeguards requirements and prepare all required documentation, in Burmese, English and any relevant dialects, as necessary. - Supervise and support all safeguard related surveys and data collection activities. - Supervise any negotiated settlement activities to ensure compliance with the Project’s requirements, according to Government regulations and World Bank Policy. - Coordinate between International Consultants and PMU. - Provide input into any relevant documentation.

Minimum Qualifications

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diverse institutions and levels including governments, civil society, and communities. - Demonstrated ability and report drafting work in concise format and of high quality. - Extensive experience analyzing data and preparing analytical reports. - Proven knowledge of World Bank Safeguards Policies and requirements and Environmental Conservation Law, Environmental Conservation Rules and Environmental Impact Assessment Procedures of Myanmar.

(6) Position National Safeguard Consultant for Social- Part time) Major Tasks and Responsibilities

- Support national social safeguard consultant (full time) on specific issues and locations. - Travel expensively to the project regions and states. - Support the full-time national consultant in identifying the eligibility of activity activities. - Support the full-time national consultant Review and verify the screening forms. - Support the full-time national consultant Review and approve ES Instruments (e.g., ESMP, PMP, etc.). - Support the full-time national consultant to prepare training notes and screening checklist for each activity. - In case of preparation of RAP and CPP, support the full-time national consultant to prepare these documents together with Technical Departments. - Support the full-time national consultant to conduct overall monitoring of the ESMF implementation with PMU. - Support the full-time national consultant to supervise Technical Departments and ESMF implementers/Contractors. - Assist PMU for the preparation of the semi-annual progress report. - Assist PMU to review any safeguards requirements and prepare all required documentation, in Burmese, English and any relevant dialects as necessary. - Supervise and support all safeguard related surveys and data collection activities. - Supervise any negotiated settlement activities to ensure compliance with the Project’s requirements, according to Government regulations and World Bank Policy. - Coordinate between International Consultants and PMU. - Provide input into any relevant documentation.

Minimum Qualifications

- Postgraduate or other advanced university degree (at least MSc. Or equivalent) in the area of Environmental Science/ Environmental Management/Social Impact Assessment or Social Sciences (other relevant disciplines). - 4-year experiences in environmental and social impact assessment, implementation, and monitoring. - Familiar with working procedures of Government Institutions of Myanmar. - Experience of working and collaboration with a broad range of stakeholders from diverse institutions and levels including governments, civil society and communities. - Demonstrated ability and report drafting work in concise format and of high quality. - Extensive experience analyzing data and preparing analytical reports.

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- Proven knowledge of World Bank Safeguards Policies and requirements and Environmental Conservation Law, Environmental Conservation Rules and Environmental Impact Assessment Procedures of Myanmar.

(7) Position – Dam Safety Specialist

Major Tasks and Responsibilities

- Serve as technical resource on dam safety policy issues, assisting IWUMD staff to interpret and implement OP 4.37 on dam safety into irrigation projects associated with large dams. - Undertake independent dam safety inspection and assessment including main dams and appurtenant structures through site visits. - Review of project technical reports such as original design reports, as-built drawings, feasibility studies and detailed design for proposed rehabilitation and safety improvement measures if any, and owner’s periodic inspection / safety assessment reports - Inspect and assess the safety status and performance history of proposed dams, and review and evaluate their O&M mechanism/procedures, maintenance work records/logs, operational data /records, and monitoring data. - Discuss its observations and identified technical issues with project personnel and make recommendations on required actions for required remedies and safety improvement measures if any. - Based on results from the dam safety assessment, provide guidance and support for developing and reviewing required safeguards instruments, including all relevant dam safety plans43, and an Emergency Preparedness Plan for each connecting dam and scheme as applicable. - Contribute to regular training sessions on dam safety for IWUMD and other NFASP project personnel. - Depending on the findings and recommendations by the specialist, it may recommend inviting more specialists who can undertake further detailed assessment for particular technical subjects (such as geotechnical engineering, hydrology, seismicity, etc.) - Further details can be referred to an attachment (sample TORs for independent dam safety review).

Minimum Qualifications

- An advanced degree (MS, PhD) in civil engineering and at least 15 years of hands-on experience in planning, designing, construction supervision and safety assessment of dams for irrigation or other purposes (hydropower, water supply, navigation, environment, multipurpose). - Proven expertise in key disciplines associated with dam construction and operation, such as rock mechanics and geotechnical engineering, hydrology, hydraulics,

43 There are four dam safety plans: i) Construction supervision and quality control plan, ii) Instrumentation plan, iii) Operation and Maintenance Plan, and iv) Emergency Preparedness Plan as per OP4.37. The required plans will be determined based on the findings and recommendations of the dam safety assessment. 261

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structural engineering, system control and management (instrumentation and monitoring). - Knowledge of FIDIC conditions of contract and /or WB procurement guidelines is desirable. - Excellent interpersonal, problem-solving, and team skills, and the ability to work across boundaries. - Ability to function effectively in a multi-cultural environment, building and sustaining partnerships with clients and colleagues. - Knowledge of basic computer skills for the preparation of documents. - Strong written and spoken English language communications skills are required.

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Annex 15: Meeting Minutes of Public Consultations in Naypyidaw, Mandalay, and Yangon: February and September 2020

Minutes of Draft ESMF Public Consultation Meetings KC Center, Kinpon Tan Village, Pyinmana Township, Naypyidaw 3rd February 2020 (13:00-15:30)

The first public consultation meeting was held on Monday, 3rd February 2020 at KC Center, Kinpon Tan Village, Pyinmana Township, Naypyidaw. Total (44) people participated in the meeting: 5 participants from Government Departments, 2 participants from NGOs and CSOs (MAF), 3 participants from World Bank, 1 participant from IFC and 17 participants from DOA, 1 participant from DAR, 12 participants from other interested Stakeholders (farmers, Agricultural Fertilizer shop, and etc.), and 3 participants from Media (MWD, and MRTV 4) (see Table 43 below).

Table 43: Results of ESMF Consultation – 3 February 2020

Comments/ Questions Responses

Project Design: General • It is suggested that public private partnership should be considered seriously to - Under this project, we have considered economic clusters for developing improve trade competitiveness. For supply chain, micro finance and companies PPP. But, we, government, is still weak in such approach. But detail is not should cooperate together. confirmed yet and we will include in PIM document.

• It is suggested to include the private sector to be participated and engaged more - Noted. Suggestions from any stakeholders are welcome via call, or in written. in consultation meeting to get more opinions, comments and views of them (effected private stakeholders). The invitations were not widely noticed by the private stakeholders.

• It also suggested to take lesson learns from the other similar projects that was - Noted. conducted in previous, taking into account to assess the disadvantages and advantages of the project outcomes in designing the project.

• It is suggested that human resources development is important for value chain - Noted.

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Comments/ Questions Responses

process while infrastructure development can be implemented with sufficient budget. Hence, human resources development should be considered under this project.

• It is questioned that how many townships will be covered under this project. - 132 townships will be covered under this project.

• It is encouraged to provide market information timely to farmers since currently farmers are suffered from loss of market for watermelon due to Chinese issue. If - Noted the value-added products can be developed in domestic, the farmers can directly sell in domestic. Hence, it is suggested to support for value added products development as well.

• It is questioned about that direct beneficiaries and here what is the agricultural - We mean they are the dealers for fertilizers, seed providers, etc. input group.

• It is curious that how this project will contribute to invite the investors to - Noted well. agricultural sector of Myanmar.

Fertilizer • It is questioned how the project will plan to control the use of unregistered - It is responded that the Land Use Department have activity at Muse Trade agrochemicals by not only testing the quality but also developing the policies. Gate. It will later than perform the tests on-spot to control the unregistered Because herein Myanmar, the farmers and consumers are people who did not get agrochemicals. The MOALI has been training the inspectors and later these much benefits but only dealers got profits due to weak in the policy control. inspectors will be able to detect the unsafe imported agrochemicals.

- For example, for unregistered seeds, it can be defined in the GAP to use only the registered seeds. It may reduce the use of unregistered seeds. (Answer by one participant)

• It is suggested to give capacity building to the farmers to manage their benefits - Noted well. under this project. - Noted well. Land Use Department will establish the ISO certified laboratory • It is questioned how the project will be implemented (i.e. operation of the in Nay Pyi Taw under this project. We will continue the operation of laboratory even after this project. Because the upgrading of laboratory aims 264

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Comments/ Questions Responses

activities) performs and any plan for the post project duration. In addition, who to support the GAP products to be a ISO certified GAP products by issuing will take in charge of it. How will the regional department play the role in certification of soil quality, etc. implementation of this project.

Extension - Noted. We had considered under this project. • It is commented that the essential information for dealing with major difficulties such as provision of not only weather condition but also seasonal recommended crops/rice species according to the predicted/current weather condition, provision of practical and updated available market information, etc. are indeed the necessity of farmers. - Noted. • It is recommended that the extension service should provide the right message to farmer since farmer rely on the instruction from different companies. There are different instructions even for same ingredients of fertilizers or pesticides. It challenges food safety for public.

Laboratory - Noted. • It is commented that if the ISO level laboratory is targeted to implement, the sufficient budget for obtaining ISO in annual plan should be maintained for sustainable even after this project. - Noted and under this project, the improvement of Information and • It is recommended that the laboratory which can test and issue organic crop Communication Technology (ICT) of extension department will contribute certification is necessary to promote the organic crop of Myanmar since Myanmar the gaps for farmers. grow organic crop like tea leave in Shan State. - Noted. • It is glad that the laboratories related to test fertilizers and herbicides and pesticides will be developed under this project since it is essential to obtain the qualify agrochemicals for farmers. Because it costs much for testing in abroad.

- Some information in the presentation is limited. The full information of the • It is commented to show the location of laboratories on map in order to increase ESMF can be found at the website of DOA which has been disclosed on 24th the awareness of community/farmers on the location of available laboratories. January 2020.

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Comments/ Questions Responses

Also, WB has zero tolerance on safeguard and the extensive explanation on handling of risks and mitigation measures of laboratories is necessary in the presentation. Coordination with relevant Departments at regional level: • It is questioned that coordination between the relevant departments at regional levels and the authorities (regional governments and etc.) at implementation - Noted. stage shall be clearly described. This project information should be shared to the regional governments.

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Minutes of Draft ESMF Public Consultation Meetings Regional Chief Officer’s Office, Department of Agriculture (DOA), Mandalay Division 7th February 2020 (10:00-13:00)

The second public consultation meeting was held on Friday, 7th February 2020 at Regional Staff Officer Office, Department of Agriculture (DOA), Mandalay Division. Total (66) people participated in the meeting: 5 participants from NGOs/CSOs44 , 3 participants from World Bank, and 35 participants from DOA45, 5 participants from MOALI46, 1 participant from MOC, 1 participant from ECD under MONERC, 1 participant from FDA, 12 participants from other interested stakeholders 47, and 3 participants from Media (MRTV, and MRTV 4, Sky Net). The questions were received during the meeting and also the written comments were received after the meeting.

Table 44 is a summary of key comments and questions received from the participants during the meeting and MOALI’s response to those.

Table 44: Results of ESMF Consultation – 7 February 2020

Comments/ Questions Responses

Project Design: General • It is found that total loan amount is proposed 85 million but after summing the - As this project is in planning stage, we have proposed 85 million amount of all components, it is appeared 78 million. So where will the rest 7 million tentatively in which 79 million will be used for 8 economic clusters during be used? It is suggested to include information about loan such as type of loan, loan 5-year period and 4 million will be used for Project Management Unit period, interest rate, etc. (PMU). Loan type of this project is ODA loan and the interest rate is 1.2%. • It is suggested to include quota (e.g. percentage) for women’s involvement in That is why public consultation meeting is made and getting suggestions project beneficiary group in details and not only in participating but also to and feedback from the public. After that, opinions from the public will be

44 Green and Natural Green Group, Myanmar Fruit, Flower and Vegetable Producer and Exporter Association, United Women Organization, Women Activist Group 45 Regional DOA office, State Agriculture Institute, Land Use Division, Planning Division, Sugarcane Crop Division, Cotton Division, Horticulture Division, Seed Division, Crop Protection Laboratory, DOA Mandalay, DOA Pyawbwe, DOA Myingyan, DOA Taung Thar, and others. 46Department of Irrigation and Water Use Management (Water Resources), Livestock Breeding and Veterinary Department, Cooperative Department, Cooperative Department. 47 Farmers from Mandalay, Myingyan, Pyawbwe,etc., Mandalay School of Culinary Arts, Agricultural University Alumni Association (Mandalay), Aventine Ltd (Armo), Mandalay. 267

NFASP Environmental and Social Management Framework (ESMF)

Comments/ Questions Responses

empower women in decision making for some sectors such as rural development, reported back to the Ministry. Then it will be proceeded to get approval agricultural improvement, etc. from the Ministry, and later the parliament. • It is suggested that ODA Loan interest rate, 1.2 % is a little bit considerable amount - Based on our experience, we have separated beneficiaries based on for Myanmar and request to bargain furthermore. gender and there are more than 50% of women involvement in our • It is recommended to target on vegetable farmers when education programs are activities which will be invested on infrastructures, capacity building and implemented as pesticide is abundantly used in growing vegetables. farmer participation.

• Although GAP certificate is received by the farmers, the price is still the same with the non-GAP. Therefore, it is suggested to create benefits for the farmers who got - Noted and will be discussed in project negotiation. GAP certificates. - Noted. • It is recommended to consider and add Myanmar Sustainable Development Plan (MSDP), Myanmar Climate Change Policy (MCCP), Myanmar Climate Change Master Plan (MCCMP) in Policy and Law section. - The farmers are advised to get Geographic Indication (GI) certificates which are beneficial to reach international market. • Regarding to food safety, it is suggested not only to have warehouse and refrigerator but also to include crop dryers. - Noted. And reflected in the ESMF. • Fertilizer • It is requested to inspect the fertilizers which are unqualified and losing in weight.

• Farmers are poor in knowledge about technologies such as using laboratory and - Noted. determine the quality of fertilizers in the market visually and based on the price. Therefore, it is suggested to import more qualified fertilizers to produce better quality and safe crops for the consumers. Farmers are facing the challenges, in - When fertilizer is imported from foreign country, firstly the quality of particular, insufficient knowledge and low earnings, natural disasters, inadequate fertilizer sample is inspected by the Land Use Department and secondly, it is workers, pest incidence, climate change and etc. It is curious about the benefits for checked by the Custom Department when the import is arrived at port. farmers from the implementation of this project. Therefore, unqualified fertilizers are not allowed to import. However, it is noticeable that fake fertilizers are in the market due to some reasons such as illegal import, etc. That is why fertilizer inspection team is trained intensively and regular checking is implemented. Moreover, the department issued a

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Comments/ Questions Responses

• Extension notification to the fertilizer shops to keep weight for checking net weight of • It is appreciated that the whole supply chain is considered well in this project and fertilizers by the buyers. it is good to know that mobile laboratories will also be implemented. It is recommended to add education programs about using natural fertilizers which can - The department is controlling natural fertilizer manufacturers to produce lead to reduce chemical fertilizers and pesticides usage and make natural fertilizers those containing at least 21% of organic matter for better fertility of soil. This easily accessible by the farmers. project is intended to result sufficient benefits for the farmers and therefore mobile laboratories programs are included. Those mobile laboratories will • As farmers are not familiar with digital technologies, it is requested to collaborate reach the locations where laboratory cannot not available and recommend closely with farmers. required amount of nutrients for the soil. Those services will be easily assessed by the farmers.

- Natural fertilizer production guideline is published and distributed at land use departments and training about making natural fertilizers will be conducted effectively.

- Noted and in order to be easily understandable by the farmers, knowledge Laboratory sharing programs will be translated into Myanmar Language and make it • It is questioned that are there any plan for upgrading laboratories for stable isotope accessible by using application in smart phone. analysis and suggested to include budget for this improvement if possible and suggested to install up to date heavy metal analysis equipment. - At the moment, heavy metal including mercury and micro nutrient tests are available at the laboratories of Land Use Department. Detailed information about laboratory equipment are not listed out yet but equipment for stable isotope analysis will be considered to include later after consulting with World Bank. If the regional government can allocate budget for Muse Laboratory, some portion of World Bank fund for that laboratory will be used • It is recommended to consider sufficient lab technicians with well-organized in upgrading Mandalay Laboratory. organization structures.

- Noted and now it is planning to reorganize the organization structures.

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The following is a summary of written key comments and questions received from seven participants after the meeting and MOALI’s response to those.

No. Issues raised with Suggestion Forms Responses

1 (a) It is suggested to share knowledge about Good Agricultural Practices (GAPs) - Noted. The extension division will promote the sharing knowledge of GAPs. to farmers and implement accordingly. 1 (b) It is suggested to bring long-term benefits to the public resulted from this - Noted. project. 1 (c) It is suggested to make knowledge sharing programs to be sustainable in - Noted. The extension division will perform knowledge sharing in multilevel multilevel perspective. perspective. 2 (a) NFASP is an excellent project. It is suggested to co-operate with farmers - Noted. Will consider in the project implementation. during the project implementation stage and to educate farmers to continue after this project is completed. 2 (b) It is recommended to produce a large number of competent laboratory - Noted. Will consider in the project implementation. staffs. 2 (c) In order to make laboratory analysis to be effectively accessible by the - Noted. Will consider in the project implementation. public and farmers, it is recommended to implement more education and training programs for extension staffs. 2 (d) It is recommended to create more education programs for nourishing food - Noted. Will consider in the project implementation. and food safety. 2 (e) When extending livestock breeding sector, it is recommended to aim for - Noted. nourishing food and food safety and to implement mainly for education sector. 2 (f) It is questioned that are there any ISO certified Seed Lab implementation. - Not yet. 3 (a) Rather than Component 2 A, value chain infrastructure development, it is - Noted. suggested to upgrade the current inspection promptly. 3 (b) Rather than Component 2 B, it is recommended to issue Myanmar GAP - Noted. Certificate quickly. 4 (a) It is suggested to target Vegetables when implementing agricultural - Noted and will be considered in the project implementation as much as education program under Component 1 (A). possible. 4 (b) Qualification of agricultural inputs (Weight, Liter) should be inspected rather - Noted and will be considered in the project implementation as much as than high quality agricultural inputs under Component 2B, possible.

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NFASP Environmental and Social Management Framework (ESMF)

No. Issues raised with Suggestion Forms Responses

4 (c) Rather than strengthening extension services though digital technologies - Noted and will be considered in the project implementation as much as under Component 1 (C), it is required to raise the livelihood of farmers in possible. actual condition. 5 (a) Agricultural Institutes are located inside the areas where this project will be - Noted. implemented. It is recommended not only to give education programs/trainings to the farmers, but also to consider the students from Institute who are the children of farmers, to involve them in laboratory experiment, and to include them in surveying processes. Hence, it is suggested to involve students, staffs and students from Agricultural Institute (15). 6 (a) In order to strengthen the policy guidance, it is recommended to consider - Noted. And reflected in the ESMF. and add Myanmar Sustainable Development Plan (MSDP), Myanmar Climate - Change Policy (MCCP), Myanmar Climate Change Master Plan (MCCMP) and MCRAS in Policy and Law section. 7 (a) Not only providing laboratory equipment, but also to increase the capacity - Noted and will be considered in the project implementation. of laboratory staffs systematically. 7 (b) It is suggested to consider insufficient laboratory staffs and migration issues. - Noted and will be considered in the project implementation. 7 (c) When providing trainings, it is suggested to reach the competent level of - Noted and is already considered for training programs. understanding by specifying the training period. 7 (d) It is recommended to fix weaknesses and insufficiency in agricultural - Noted and will be considered in the project implementation. extension services effectively. 7 (e) It is recommended to assign instructors who are verified technical expert. - Noted and will be considered for training programs. 7 (f) If there is any training from international experts, to provide support with - Noted and will be considered for training programs. mother language in order to pass language barrier. 7 (g) It is requested to distribute recommended seed, seedbed and - Noted and it will be considered while providing the information via ICT not only recommended agricultural technologies accordingly with soil type. market information but also such valuable information to the farmers. 7 (h) To support the technologies which farmers can continue to implement after - Noted and will be considered in the project implementation. this project is completed. 7 (i) To target export sector and aim at cattle breeding in livestock breeding - Noted. And it is already considered under this project. sector. 7 (j) To reduce the interest rate lower than (1.2%) - Answered at the meeting. 7 (k) To implement agricultural researches in vegetables. - Noted. 7 (l) To control qualification of fertilizers and pesticides (e.g. weight) - Noted and explained at the meeting.

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No. Issues raised with Suggestion Forms Responses

7 (m) To support farmers effectively to reach some extent. - Noted and will be considered in the project implementation 7 (n) To train laboratory staffs with under exact organization scheme. - Noted and will be considered in the project implementation. 7 (o) To consider the benefits of laboratory staffs. - Noted and will be considered in the project implementation

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Minutes of Draft ESMF Public Consultation Meetings Regional Chief Officer Office, Department of Agriculture, Yangon Region 20th February 2020 (9:30-12:00)

The third public consultation meeting for ESMF was held on Thursday, 20th February 2020 at Regional Chief Officer Office, Department of Agriculture, Yangon Region. Total (65) people participated in the meeting: 4 participants from NGOs/CSOs48, 3 participants from private sector49, 1 participant from Plant Protection Division, 9 Administrative Staffs from Regional Office, 2 participants from Central Agriculture Research and Training Center, 1 Participant from Foreign Agriculture Service (United States Department of Agriculture), 3 participants from World Bank, 17 participants from DOA, 1 participant from Irrigation and Water Resources Utilization Department, 1 participant from Myanmar Aquaculture and Inland Fisheries, FAO, 1 participant from Cooperative Department, 1 participant from Department of Rural Development, 20 participants from other interested stakeholders 50, 1 participant from Media.

Table 45 is a summary of key comments and questions received from the participants and MOALI’s response to those.

Table 45: Results of ESMF Consultation – 20 February 2020

Comments/ Questions Responses

Project Design: General • It is curious that the projects are carried out by World Bank’s Soft Loan so how - It is responded that although the projects are under MOALI, the finance and it will be paid back as it is said that the lab tests for farmers will be done in Free loan signing procedure are carried out under MOPF and will be paid back by of Charge and whether the 3 departments will coordinate or do separately National Government. All projects need approval from each department and while working with Development Assistance Coordination Unit (DACU). other ministries and then it is sent to DACU and then to the parliament. Currently it is in the stage of public consultation before sending to parliament.

48Myittamon Social Service Organization, Friendly Child, Myanmar Professional Social Workers Association, Compass Community Development Corporation 49Wah Wah Agro Chemicals Trading Co., Ltd, Aventine Ltd (Ar Mo Fertilizers) 50Freelance Consultant, Seed producers, Farmers, etc. 273

NFASP Environmental and Social Management Framework (ESMF)

Comments/ Questions Responses

- As additional explanation for getting return from investment in Laboratory, it is responded that upgrading of laboratories will enhance the income from services • It is questioned that as the projects are carried out with WB’s soft loan, any provided to the private companies. monitoring organization will be involved while implementing the project. - It is answered that there is Project Management Unit composed by team leader (deputy minister) and director levels from 3 main and other departments under MOALI and National Program Steering Committee. The project will be implemented in line with World Bank Policy and Government Policy. According to Government Policy, short term consultant group is hired by budget range • It is asked and suggested that it is better for PMU to be stand alone as which is not more than 7% of the project and planning to use this budget from independent organization and is there independent monitoring body. grant, not from loan.

- It is true that PMU is not under one department. It is a particular organization comprised of the officers from departments and coordinates with National Program Steering Committee. But for the budget cases, there are some controls by relevant departments as utilization of budge should be in accordance with government budget policy. - There is also independent monitoring body by World Bank for monitoring and evaluation in three phases of the project such as baseline survey, mid-term review and completion report review. • It is suggested that the reliability of data should be considered and surveys - During project implementation, monitoring and evaluation report will be should be carried out for necessary data in coordination with local prepared twice per year. Noted Well. communities. - Noted well. Crop • It is questioned that whether the crops are already selected and under which criteria and the purpose of crop selection; domestic or export. • Upon the response from DOA, it is recommended to focus more on the export - Noted well. We have selected temperate crops and genetic modified crops to market instead of replacement of imported crops. replace the imported crops. This project focus on introduction of temperate crops and quality improvement of tea leaf for foreign export. Digital • It is suggested that digital market information system should include not only price of a crop but also how much it is produced, how much is exported and

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Comments/ Questions Responses

how much is consumed and how much stock is left, and production, demand - Noted well. For access of market information, economic clusters will be and supply of focused crop. grouped. We also realize that stock data is not available.

Extension • It is commented that technology is the biggest barrier for farmers and farmers face challenges like climate change and use of technology in farms for upgrading the living standards. For loan process for farmers, there are some - It is responded that there is no consideration of loan process under this project problems such that the one with form (7) can access to loan but he/she does but there are 3 other projects and there includes livelihood improvement of not do agriculture work in actual and real farmers cannot get this loan. farmers like helping small-scale-economic development and investing on • It is glad that this project is beneficial for farmers and farmers need more landless farmer. coordination with department and there are not enough equipment and infrastructure so the crops are destroyed by climate change in spite of using qualified seeds; also, the problems facing with Form (7). - Noted. It is not under this project but there is two step loan on equipment for farmers from Japan. We also realize the problems that farms are facing with • It is recommended that the living standards of farmers should be upgraded and Form (7), but this problem is a national problem, so we need time and solution also curious about the gender ratio involved in the projects. Some farmers sell for that. best crops and have to eat disqualified crops. There is an invasive plant species “Kantara Suu” which makes difficult for crop production so is there technology - Noted and for small economic development groups, there are more female than for removing this. And some farmers have to sell their own land for male so the gender involvement is not a major problem in this project. Fire- industrialization and have to work for others’ farm. wood production is practiced on the case of “Kantara Suu” and there are other • It is curious that how CSO organizations can support the projects and CSO can plans. For land certification process, awareness programs are considered in provide some training on technology to farmers. other activities.

- Noted. There is annual meeting like agriculture sector growth and rural • It is recommended to have a common drying machine at township level which development and CSOs are welcome to join the meeting. CSOs can also provide can be accessed by farmers. farmer educations activities in coordination with FAO and farmer field schools.

Laboratory - Noted well. This will be considered in other future projects. • If is questioned and suggested that whether the mobile laboratory is able to test the residual fertilizer in vegetables sold in the markets and is there plan for that purpose. - It is answered that the mobile laboratory can only test soil parameters and fertilizer. - It cannot test the residual fertilizer in vegetables but on the spot tests will be carried out according to the project’s conditions. As part of FDA activities in 275

NFASP Environmental and Social Management Framework (ESMF)

Comments/ Questions Responses

Myanmar, test Kits can be used for on spot tests in market but there are limitations on storage and transportation of test kits and the results accuracy. It depends on many factors to obtain reliable data using test kits. Plant Protection • It is suggested to plan solid waste and liquid waste management system in the Department test residual fertilizer for farmers at the Laboratory to give out operation phase of the laboratories. Good Agriculture Practices (GAP) certificates.

• It is commented that ISO certified laboratories can make an income for paying - Noted. We have considered under this project. back loan by giving service to third party organizations for soil parameters, soil types test and etc. - It is noted and we have considered it under this project. When the laboratories are accredited, we can test for heavy metals in a less expensive way and consider the income for paying back loan. • It is curious that how the wastewater treatment is considered and what is the current process of waste management of laboratories in Yangon. - It is answered that wastewater from laboratories contain pollutants and chemicals and need a certain degree of treatment before discharging into streams and river. The effluent should also meet NEQG Guidelines. The cost of treatment process is high so DOA has preserved certain budget for the improvement of such laboratories (i.e., installation of wastewater treatment system). - The officer from plant protection division explained about the current practice of controlling of wastewater and solid waste from laboratories. The laboratories have ground tank for liquid waste storage. When the solid waste (Gloves, masks) and liquid waste have been collected to a certain amount, inform to YCDC and YCDC dispose those hazardous waste in concrete tanks located in IEE/EIA requirement Htein Pin (Solid) and Hlaw Gar (Liquid).

• It is suggested to think about project duration as some activities might carry - It is responded that most of the projects are carried out in farms and out IEE or EIA and other plans; solid wastes management plan, resettlement laboratories at the lands belong to the relevant departments so there will be no action plan as it is signed in loan agreement that the projects should be carried resettlement and according to physical studies by world bank consultants, the out in accordance with WB’s safeguard policy and national safeguard policy. projects can be categorized by World Bank Standard as Type B projects. According to EIA procedure Annex 1, the activities under NFASP are not categorized for requirement of IEE and EIA study since the size of agricultural/demonstration farms are not entitled to conduct IEE/EIA. Even though in EIA procedure Annex1, it is not found the requirement of IEE/EIA 276

NFASP Environmental and Social Management Framework (ESMF)

Comments/ Questions Responses

study for establishment of laboratories but ESMF will consider the • It is suggested to consider about management plan for fertilizers, pesticides environmental and social impacts caused by the development of laboratories and herbicides entering into natural water ways. for better management. Hence, ESMF includes the development of guideline for laboratories like hazardous waste (solid/liquid) management and occupational health and safety. The project under high risk will be improved to be in line with the developed guideline. - It is responded that the guideline for the pest management plan is prepared in this ESMF.

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Minutes of Public Consultation Meetings Virtual Meeting, Zoom Meeting (Naypyidaw Union Territory & Shan State) 15th September 2020 (9:00 AM – 12:30 PM)

A consultation meeting was held on Tuesday, 15th September 2020 by virtual meeting via Zoom platform due to the constraints of COVID 19 global pandemic occurrence in Myanmar. The meeting was targeted for the stakeholders at Naypyidaw Union Territory and Shan State. A total of 224 people participated in the meeting.

From Naypyidaw, a total of 110 participants attended the meeting: 53 participants from DOA, 4 participants from Cooperative Department, 6 participants from LBVD, 4 participants from IWMD, 1 participant from DAR, 1 participants from ECD, 3 participants from other governmental departments51, 13 participants from private sector52, 21 participants are farmers and 4 participants from associations53.

From Shan State, a total of 108 participants attended the meeting: 30 participants from DOA, 3 participants from Cooperative Department, 6 participants from LBVD, 1 participant from IWMD, 2 participants from DAR, 1 participants from ECD, 4 participants from other governmental departments54, 7 participants from private sector55, 25 participants from associations56, 2 participants from NGO/CSOs57 and the remaining 27 participants are farmers. Moreover, 6 participants from the World Bank attended the meeting.

In summary, various requests and needs were brought up including questions from the Shan State on diverse crops and crops products (sugarcane, sugar and rice from Muse, corn from Hseni, Hsipaw pineapple from Hsipaw, ghost pepper and chilies from Pekon) regarding with the struggles that the farmers encounter to get the market value, export markets, market competition, needs of drying machines, needs of certification, technical needs and physical supports in manufacturing of value-added products and etc.). Farmers were willing to have a better irrigation system and the maintenance of reservoirs under NFASP, to be sustainable especially in Shan State. Regarding the e-voucher system

51 Department of Planning, General Administration Department 52 Companies, Agricultural Input providers 53 Farmers’ Associations, Cooperative Associations and Livestock Federation 54 Planning Department, General Administration Department, Development Committee 55 Companies, Agricultural Input providers 56 Fruits and Miller Associations (Coffee, Butter, Tea Leaves, Corn, Rubber, Rice, Sugarcane, Orange, Pineapple), Cooperative Associations 57 GIZ 278

NFASP Environmental and Social Management Framework (ESMF) for agricultural inputs which would be provided from Cooperative department, farmers have a great interest with the hope for getting the loan for long term. Eventually, some attendees experienced odor problem from the existing poultry farms raised the question related to the management of such odor issues by LBVD. MOALI noted all the attendee’s statements and responded that those will be considered, and the project activities be modified if necessary. Table 46 summarizes details of key comments and questions received from the participants during the meeting and MOALI’s responses to those.

Table 46: Results of ESMF Consultation – 15th September 2020 (Naypyidaw Union Territory and Shan State)

Comments/Questions Responses

Agricultural and Research Sector:

Naypyidaw Union Territory

Lewe Township - It is responded that the project will not provide the loan for agricultural • It is asked if farmers could receive a loan (long term loan) for the machineries. However, farmers would have a chance to receive the required procurement of agricultural machineries under this project. agricultural inputs from the private sector under the project component 1.b: supporting the financial support through e-vouchers for qualified agricultural inputs, which would be implemented by the Cooperative Department. Shan State

Lashio Township • In northern Shan State, farmers have to depend on the crop varieties - The DAR has produced the new crop varieties by making research on the crop (rice) imported from foreign (China) for the plantation. Thus, they variety from Korea, which is resilient to cold weather and has plan to provide requested the department to make research on new crop varieties the farmers in the near future. (particularly rice) which are appropriate to grow in this region.

Hsipaw Township

• It is observed that the farmers were willing to register Hsipaw - This activity is not directly considered under NFASP. However, the project will Pineapple, as local varieties (Country Origin Variety – Geographical support the investments to improve laboratory infrastructure, equipment, and Indications), with the support of NFASP project because it hasn’t human capacity targeting to attain international standard certification (such as obtained the valued market price in exporting. ISO 17025 and other applicable international standards). These investments are • Moreover, there’s a potential to extend value-added products intended to overcome market failures that currently limit exports of Myanmar’s

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Comments/Questions Responses

manufacturing sector from Hsipaw Pineapple (like Pineapple Jam) crops products in the international markets. So, Hsipaw Pineapple would have a and exporting to countries like Australia and Siri Lanka. Therefore, greater chance to be certified or registered after the implementation of project. farmers requested NFASP to invest in this type of private sector. Regarding with plant certification, there are two types;(1. Physically and 2. DNA Finger Printing) under Plant Variety Protection Law. The Biotech Division under Department of Agricultural Research can help the farmers in certifying journey Hseni Township of Hsipaw Pineapple.

• The farmers/growers wish the investors to come and invest, - The project will provide the drying machine at Hseni Township and plan to form contributing technical assistance in value-added production of a cluster of farmers (at least 25 people) in each township and meet. In the corns(asei-htoke-pyung) at Hseni township. meetings, farmers would receive a training including techniques to produce • It is observed that there are difficulties in exporting corns during the value-added products. pandemic since the inputs (fertilizers) and seeds becomes expensive - Noted. and the transportation expenses also increased due to some lockdown of original transportation route. It is requested to consider - The project will not provide such loan. However, farmers will have the chance to plan economic transportation route during this pandemic. to get the required agricultural inputs under the project component 1.b: • It is requested to have the opportunity to take out loan (with low supporting the financial support through e-vouchers for qualified agricultural interest rate) for long term under this project inputs from private stakeholders, which will be implemented by the Cooperative Department. Muse Township

• In Muse Township, as there are 8,707 acres of corns (asei-htoke- - The project will provide drying machines in Nyungshwe, Hseni, Namhsan, pyung), they are willing to have the sustainable market for corn and Mongkung, Momeik, Mongyawng townships of Shan State, while there is no requested to get related agricultural machineries. provision for Muse Township yet. • It is noted that there are altogether 12,000 acres of sugarcane plantations. There is an issue of labour shortage for sugarcane - There is no provision of agricultural machinery under this project yet. However, cultivation. Therefore, farmers need agricultural machineries. the requested machinery can be accessed at the department farm (Kyoutni • A sugar factory, depended by 1,320 of farmers, is located in Muse. Township), by contacting to them. As they desire to export sugar to China, they requested support from the department and NFASP. - As the project will support to improve the certification systems of crops, the produced crops will get the opportunity to be certified by International Konlone Township Standard, which will also increase its product market value.

• As the increase number of aged rubber plants (latex cannot be - For rubber sector, the project plans to establish a Rubber Research Centre in Mudon. However, the project doesn’t consider establishing factories to produce 280

NFASP Environmental and Social Management Framework (ESMF)

Comments/Questions Responses

produced from them), the farmers want support in establishing value-added products like rubber wood yet. factories to manufacture other value-added products like rubber wood.

Pekon Township - There is no drying machine provided in Pekon under this project. However, we will consider it, to provide in the later years of the project. • As Pekon receives much rain, there is a problem in drying Chillies and Ghost Pepper adequately. To solve this and increase the selling rate, farmers at Pekon eagerly want the drying machine. Moreover, Pekon is the only township where ghost pepper is produced in Kayan region. Additionally, chillies are the only crop that their livings - Shan State has altogether 16 subprojects activities, which includes development depend on. of temperate fruit crops, establishment of tissue culture lab, private sector • It is found out that in potato sector, the farmers have to depend on partnership, scaling up the selected value chain cluster, post harvesting etc. It seeds imported from foreign. Therefore, as they have to pay 15% of seems to be covered under the respective project activities. However, there will tax, their expense becomes higher. be the field survey to assess the needs of farmers and will reconsider them and modify the project activities if needed.

Irrigation Sector:

NayPyiTaw Union Territory

Lewe Township

• It is noted that there are farms which face difficulty to get water - The project will support rehabilitation of the distributary canals and water when there is no rain. It is asked that the project will provide courses in Takkone Township but it doesn’t include for Lewe Township. distributary canals and supply water to the farms which have to depend only on the rain water.

Shan State

Hsisai Township 281

NFASP Environmental and Social Management Framework (ESMF)

Comments/Questions Responses

• In Shan state, farmers have to depend on handmade reservoirs - In Shan State, there is a project (supported by IFAD) which targets to constructed by themselves. It is requested to upgrade the self- reconstruct or upgrade self-constructed reservoirs. The department is constructed reservoirs. It is also found out that there is loss in worried that the activities would be overlapped. Firstly, it is suggested to reaping crops because of the flood. They would like to get help request this activity under IFAD supported project. If it cannot support the related to this issue. proposal, it will be considered under NFASP project.

Taunggyi Township

• It is found out that the Nam Lat Stream, which flows into Inle Lake is - Beside NFASP project, the department plans to construct more silt traps vanishing, because of the silt settlement. throughout the stream. Moreover, stream maintenance works are expected • The government officer suggested to support the maintenance work to conduct once a year. of canals, weirs (which are safe in structure) and upgrading small irrigations (drip irrigations), maybe as pilot project in Shan State. - Noted.

Breeding and Livestock:

Naypyidaw Union Territory

Ottara Thiri Township

• In Ottara Thiri Township, there are local chicken breeding operating - The local chickens are recognized as organic meat, consequently the market at their houses. They have desire to establish as small poultry farms, demand is significantly high. Thus, it surely has a market demand. If the breeders which will produce local chicken meats. It is found out that they are can produce in mass, it is welcomed. For the price and market information, worried of market demand and market value of the chicken. breeders should contact the respective regional departments and poultry breeding enterprises organizations. han State

Taunggyi Township

282

NFASP Environmental and Social Management Framework (ESMF)

Comments/Questions Responses

• It is found out that one of the Chicken Poultry Farming Zones emits awful smell, has abundant of flies and make unpleasant to the - The major cause of awful smell is the unsystematic or weak management of nearby residents. The residents would like to know how government animals’ faeces in farms. It is suggested to take care of every steps of the will take action to control this issue. management (collecting, handling, disposal) of the faeces. LBVD also prepared the guidance of practices on how to take care of the wastes and housekeeping management at poultry farms. (answer from WB’s consultant)

- The control technology and guidance can be accessed at the nearest LBVD departments of the region, if there are any difficulties in implementing the activities, help should be requested from respective LBVD. (answer from LBVD) Cooperative Sector:

Naypyidaw Union Territory • It is curious that if the provision of e-voucher (1.2 lakhs) will be the - Yes, even the farmers possess 5 acres of farming area, he will be provided only same if the farmers possess more than 2 acres of farming area (like 1.2 lakhs valued vouchers, as this project wants the vulnerable groups of farmers 5 acres). who possesses small farming areas, to have benefits. (Here, 5 acres’ owner will have a chance if only two acres’ owner reject the chances.)

- The Cooperative department will provide Revolving Fund under NFASP.

• It is curious that if the farmers have to give any assets for the voucher - The department will also give farmers living anywhere in Shan States, a chance system. to access. There are criteria set by the World Bank to access these provisions. If the farmers meet the criteria (for agricultural input – have two acres of farming area, for the other two activities – be a member of Cooperative Society) proposal Shan State should be submitted as necessary to the respective township departments. • It is eagerly to know that if three sub-project activities from the Cooperative Department (supporting agricultural input, - When the voucher is provided, the agreement shall be made between strengthening seed cooperatives, strengthening cooperatives and department and farmers, for the valid period of voucher (within a month, three farmers’ groups for contract farming) are accessible for the only months or etc.). Once the voucher is used, it has to be paid back within a year. targeted townships as said in presentation. The interest rate is only 8% for the whole year. In every year of project lifetime, the farmers will get opportunity to receive the voucher. However, the farmers who fail to pay back the money, will not be given another voucher. • It is curious that how the voucher price shall be paid back after the

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project years. Minutes of Public Consultation Meetings Virtual Meeting, Zoom Meeting (Yangon Region & Bago Region) 17th September 2020 (9:00 AM – 12:30 PM)

Due to the constraints by the COVID-19 pandemic occurrence in Myanmar, a consultation meeting was held on Thursday, 17th September 2020 by virtual meeting on Zoom platform. The meeting was targeted for the stakeholders from Yangon Region and Bago Region. Total (247) people participated in the meeting. From Yangon Region, a total of 107 participants from townships (Hlegu, Hmawbi, Htantabin, Insein, Kawhmu, Kayan, Kungyangon, Kyauktan, Mingaladon, Taikkyi, Thanlyin, Thoung and Twantay Townships) attended the meeting: Minister of Agriculture (Yangon Region), Chairman of the Agriculture and Livestock Committee, 30 participants from DOA, 2 participants from DAR, 1 participant from IWUMD, 3 participants from LBVD, 2 participants from Cooperative Department, 1 participant from ECD, 1 participant from GAD, 1 participant from DOP, 2 participants from other governmental departments58, 48 participants of farmers, 7 participants from private sector59 and other 7 participants are NGOs and interested stakeholders60. From Bago Region, a total of 134 participants from townships (Bago, Daik-U, Gyobingauk, Kyaukkyi, kyauktada, Minhla, Nattalin, Nyaunglebin, Oktwin, Padaung, Pauk Khaung, Paungde, Phyu, Pyay, Shwedaung, Tantabin, Taungoo, Tharyarwady, Thegon, Waw, Yedashe) attended the meeting: 1 Regional Parliament Representative, 54 participants from DOA, 1 participant from DAR, 4 participants from IWUMD, 15 participants from LBVD, 5 participants from Cooperative Department, 1 participant from ECD, 2 participants from GAD, 1 participant from DOP, 37 participants are farmers, 2 participants from private sector61 and 11 participants from NGOs and other interested stakeholders62. Moreover, 6 participants from World Bank participated in the meeting.

58 YCDC, Information and Public Relations Department 59 Agriculture Related Production Companies and Business Owners 60 Cooperative Syndicates, Development Organizations, Myanmar Livestock Federation and Myanmar ICCO Cooperation 61 Shwe Wah Yaung Agricultural Production Co., Ltd, Shwe Ma Naw Myay Trading Co., Ltd. 62 Cooperative Syndicates, Farmers Associations, Livestock Federations, JICA Project (West Bago), etc. 284

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In summary, various questions and needs from mostly farmers and seed cooperatives were raised. Townships such as Kyungyangon, Twantay, Hmawbi, Hlegu and Gyobingauk request for supporting agricultural machineries such as seed cleaning machines, drying machines and storage facilities for their townships. One of the participants was also curious on ISO Standard Laboratory establishment in Insein township and E-Phyto Certificate system. For irrigation sector, difficulties encountering with insufficient water supply for summer paddy plantations and also, at pre- monsoon season were discussed. A farmer from Daik-U raised a question about relation and adaption of water supply system in line with climate change. For livestock and breeding sector, the question about cold storage facilities was asked in term of locations to be provided and private sector involvement in establishing of cold storage facilities. Seed Cooperatives from both Yangon and Bago regions are attempting to provide qualified seeds to farmers in coordination with Cooperative Department. The responsible persons from NFASP Project development and other related departments of MOALI answered each participant’s questions and requests. Table 47 is a summary of key comments and questions received from the participants during the meeting and MOALI’s responses to those.

Table 47: Results of ESMF Consultation – 17th September 2020 (Yangon Region and Bago Region)

Comments/Questions Responses

Agriculture and Agricultural Research Sector:

Yangon Region

• It is curious about the project component on establishment of ISO - It is answered that the intended ISO Standard Laboratory at Insein township is for Standard Laboratories for competitive export market which will be testing soil quality; especially heavy metals content to reach GAP Crops. The established at Insein Township. It is questioned what kinds of planned schedule for establishment is (1) conducting tender process in project’s parameters (aiming for export) this laboratory would be able to test first year, (2) construction activities in project’s second year and (3) carrying out and when the construction would be finished. to obtain ISO accreditation and starting public services in project’s third year.

- Regarding with e-Phyto system, it is intended to develop in project’s second year • It is encouraged to develop online application of e-phytosanitary according to the project’s work plan. certificate system to assist national export strategy to be able to test

all export-required-laboratory-parameters locally because currently some parameters had to test laboratories in foreign countries.

Kungyangon Township - Noted well. Supporting paddy seed cleaning machine to Kungyangon township is • It is questioned whether the project would support paddy seed not covered under this project However, Myanmar Rice Research Center (MRRC) cleaning machine for Kungyangon township. It is also stated that will be upgraded in Hmawbi and will carry out researches on seed. supporting of one seed cleaning machine for three nearby townships

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would also be convenient for farmers in those townships - Noted well. We have considered to support one drying machine to Kungyangon • It is also requested to support drying machine for smallholder farmers. township under this project.

Twantay Township • It is found that Twantay township successfully plants both monsoon - Noted. Twanty township is not included under the intended activity for and summer paddy. The farmers from Twantay requested to support supporting 6 drying machines in Yangon Region. The department would consider drying machine in order to grow two crops per monsoon season. it after conducting field inspection for the requirement of drying machine.

• It is recommended and requested that the farmers need a loan with a - Regarding a loan, it is explained that the cooperative department would support low interest rate for long term in order to support the farmers for e-voucher for agricultural inputs with 25 million USD (1.2 lakhs paper voucher per growing two crops per monsoon season. team-member of farmer group under Cooperative Department), to strengthen seed cooperatives with 3 million USD (3 lakhs per acre) and to strengthen contract

farming with 7 million USD (around 2.5 lakhs MMK per acre). Hlegu Township

• It is requested to support seed cleaning machine and drying machine - Noted well. The project covers supporting drying machine for Hlegu township but for Hlegu township. it will not include providing seed cleaning machine.

Bago Region

Gyobingauk Township • It is requested to provide drying machine for east and west Gyobingauk - It is responded that this project would provide six drying machines for Pyay, township because the paddy contains 20-25% percent of moisture Tharyarwady, Kyauktaga and Phyu townships in Bago Region but Gyobingauk content and farmers are facing challenges of underpricing of paddy township is not included. crops from under-coverage and efficiency of current drying machine set located at downtown of Gyobingauk township. It is also requested for production route and transportation infrastructure development.

• Regarding to Agricultural Inputs, there are difficulties, for instance, expensiveness of the inputs and limited access to technology. Farmers could not compose agricultural inputs on their own due to technology - Noted. We have considered under this project. Gyobingauk and Nattalin

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barrier and they have to rely on expensive agricultural inputs. townships would be supported on agricultural inputs through project component 1b (ii) by strengthening private sector platform particularly with agricultural input • It is found that one-third of pulses and black grams fields in Nattalin, suppliers. Zigon, Okpho townships are dying at flowering time so it is requested to provide suitable solutions and a laboratory which can examine - Noted well. Although laboratory related activities to Gyobingauk township is not nutrients such as Nitrogen. included, a mobile laboratory would be provided to Pyay township. According to its mobile nature, Gyobingauk township may be able to access this mobile laboratory. There are also extension trainings intended for farmers relevant to efficient and environmental-friendly use of fertilizers.

- It is responded that the cause of black grams dying is due to white flies, dry root rot diseases and over plant population. Bago DOA is offering extension activities for farmers at Community Learning Centers and Knowledge Centers in townships. However, it is noticed that the extension activities are not covering the whole region so it is encouraged farmers to coordinate and communicate with township and region departments of DOA.

- In addition, it is answered that the agricultural research of the black grams seeds (Yellow Mosaic Resistant Seed Variety – Yay Sin 7) which can endure dry root rot disease was successful and these seeds are in progress for distributing in the markets and it is recommended to grow using such seeds in future. Irrigation Sector:

Yangon Region

Hlegu Township - It is responded that Nga Moe Yeik Water Storage Dam is receiving less rainwater. • It is observed that as compared to previous years, reduction in This Dam is supplying about 90 million gallons per day for Yangon City Water precipitation happens this year, and the farmers notice that there are Supply. Therefore, it will be difficult to supply for summer paddy fields. However, difficulties to obtain water from irrigation water supply. However, the it will be considered based on the rain water amount received in September 2020. farmers are eager to grow summer paddy and asked about if there is a Regarding with water supply from digging wells, such plan has not been plan for supplying water via pumping system and it is also proposed considered yet. that the farmers would like to grow summer paddy through water

supply from digging wells.

• It is also recommended to store water from Ka Lein Stream and Swei - It is answered that a part of Ka Lein Stream is also contributing to Yangon City 287

NFASP Environmental and Social Management Framework (ESMF)

Comments/Questions Responses

Lat Stream water sluice gates for irrigation water supply. Water Supply from La Gun Pyin Water Supply Station. There is a plan for storing Ka Lein Stream water and the farmers likely to be able to access to that water storage. In addition, the responsible persons will also conduct site inspection on Ka Lein Stream and Swei Lat Stream for water storage and pumping scheme development works.

Bago Region

Yedashe Township

• It is questioned about when the Swa Chaung dam would provide water - Regarding to this matter, it is answered that the IWUMD has been providing for summer paddy production in Yedaashe township (about 30,000 irrigation water supply for more than 6,000 acres in the first year after the acres) as it has been two years after spillway collapse. spillway collapse accident and 9,000 acres in the second year. However, the water is supplying with rotational system and the department is currently trying to develop spillway design and modelling with the help of international experts for rehabilitation.

Daik-U Township

• It is observed that the irrigation water supply is varying in accordance

with climate change and it is questioned whether there would be - It is true that there are changing in raining patterns and monsoon seasons during adaption and changes of irrigation water supply system in line with these years. We had organized Agriculture and Livestock Supervision Committees climate change. It is also requested that the farmers from Daik-U would and Union Level Committee to support changing of crop plantations which are like to access irrigation water at pre-monsoon season as Kawliya suitable for each region. It is also explained that the irrigation systems not only Diversion had to provide full water supply for summer paddy provide water supply but also help in flood protection. The committees will plantations. coordinate with each other and with water user groups to carry out these works.

Gyobingauk Township

• It is questioned that whether the project would support developing a new water supply canal for Gyobingauk township as the township is facing with flood in rainy season and not receiving sufficient water - Noted well. Developing a new water supply canal is not considered under this supply at pre-monsoon season which is leading to the delayed project according to WB Polices and project type permitted under NFASP. The plantation period of chilies. project will cover rehabilitation works of irrigation systems. However, the IWUMD 288

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is planning and developing regional projects under received budget and these also includes constructing small-scale water sluice gates.

Breeding and Livestock Sector: - It is responded that cold storage facilities would be mainly supported to Yangon, • It is curious that supporting cold storage facilities would cover for Bago and Ayeyarwady Regions because it is intended to support for Yangon food livestock products and also, it would provide in other regions such as supply during COVID-19 pandemic. It would be carried out through Public-Private Naypyidaw, Mandalay etc. rather than Yangon Region. It is questioned Partnership system and LBVD would coordinate with business enterprises. that private sector would involve in establishing these cold storage - Noted. The laboratory for AI center would not be able to test the ingredients of facilities in coordination with government. livestock, product quality and disease diagnosis. • It is questioned whether the laboratory could conduct tests on

ingredients of livestock raw materials, product quality and disease diagnosis. Cooperative Sector:

Yangon Region

Hmawbi Township - This project would not focus on industrialized farming system development • It is asked whether the project would support upgrading conventional Township Agricultural Mechanization Department can help farm-upgrading so farming to industrialized farming system. that coordination with the department would be helpful.

- Under this project, provision of seed storage is not included but we would • It is questioned about if there is plan for providing seed storage consider it in future projects. facilities for Hmawbi township as the seed cooperatives are facing

challenges for seed storage after seed cleaning.

Bago Region

Nyaunglebin Township - Noted with thanks. It is also planned to support the seed cooperatives with 3 million USD (around 3 lakhs MMK per acre) under this project. • Aung Myanmar Seed Cooperatives asked to help for providing quality seeds for farmers and to help strengthening their cooperatives. - Noted well. • It is encouraged to support smallholder farmers who plant watermelon, cabbage and tomatoes for local needs and foreign

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exports because these farmers are facing recent challenges of exportation and workmen inadequacy due to COVID-19.

Gyobingauk Township

• It is questioned about there would be relaxation on high interest rate o Noted with thanks. The loan under WB would be provision of revolving fund of loan for farmers. so the interest rate is lower than other loans. We are also attempting to give loan with low interest rate to farmers but the interest rate is not able to reduce due to fluctuations of exchange rates of USD currency.

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Minutes of Public Consultation Meetings Virtual Meeting, Zoom Meeting (Magway Region & Kayah State) 21st September 2020 (9:00 AM – 12:30 PM)

A consultation meeting was held on Monday, 21st September 2020 by virtual meeting on Zoom platform because of the COVID 19 global pandemic occurrence in Myanmar. The meeting was targeted for the stakeholders at Magway Region and Kayah State. A total of 162 people participated in the meeting. From Magway Region, a total of 123 participants from townships (such as Aunglan, Gangaw, Kamma, Magway, Minbu, Mindon, Myothit, Natmauk, Ngape, Pakokku, Pauk, Pwintbyu, Salin, Saw, Seikphyu, Taungdwingyi, Thayet, Yenangyaung and Yesagyo townships ) attended the meeting: 1 participant from Regional Parliament Representative, 24 participants from DOA, 3 participants from DAR, 6 participants from IWUMD, 17 participants from LBVD, 7 participants from Cooperative Department, 1 participant from ECD, 1 participant from Development Committee, 1 participant from DOP, 50 participants are farmers, 2 participants are crop traders and 10 participants are from NGOs/CSOs and other interested stakeholders63. From Kayah State, a total of 33 participants from Demoso township attended the meeting: 20 participants from DOA, 1 participant from DAR, 5 participants from Cooperative Department and the remaining 7 participants include farmers, cooperative syndicates, farmers’ organizations and business owner. Moreover, 6 participants from World Bank participated in the meeting. In summary, various questions and needs from mostly farmers’ representatives and farmer groups from Magway Region and Kayah State were raised. The farmers from the dry zone region proposed their difficulties encountering in agriculture relating to climate change and rainwater availability. For agricultural and agricultural research sector, seed-related questions and market access questions were discussed. Different from water insufficiency problems in Magway Region, Kayah State had asked out production route development and agricultural land development for refugees in conflict areas. For irrigation sector, activities regarding with silt and sand removal activities, river pumping schemes and technology-based water sprinkler systems were discussed. Relating to livestock breeding, animal feed security and pork meat market in dry zone region were anticipated. One NGO from Magway Region raised a suggestion about approach to different farmer groups in terms of cooperative sector. The responsible persons from NFASP Project development and other related departments of MOALI answered each participant’s

63 Cooperative Syndicates, Farmer Associations (Thanakha, Paddy, Corns), Livestock Federation, Network Activities Group, ODF Affair Development, 291

NFASP Environmental and Social Management Framework (ESMF) questions and requests. Table 48 is a summary of key comments and questions received from the participants during the meeting and MOALI’s responses to those. Table 48: Results of ESMF Consultation – 21st September 2020 (Magway Region and Kayah State)

Comments/Questions Responses

Agriculture and Agricultural Research Sector:

Magway Region

Myothit Township - Noted well. We will report the question to Seed Division and will reply later. The • It is observed that producing nutritious and true genetic seeds would Cooperative Department would also help in strengthening in funding for seed be difficult due to insufficient water supply and climate change in dry cooperatives under this project. zone region.

Aunglan Township - It is answered that the project will support along the value chain of the crops including market access via organizing working groups and committees • It is questioned whether the project would help in creating including government, private sectors, traders, farmers and input suppliers to sustainable markets for diverse crops. It is also proposed that there strengthen the value chain from growing stage to market access. Regarding to is no base price for other crops except paddy. the formation of base prices, 12 crops including paddy, oil, corns and vegetables would be supported by the formation of clusters and working groups including

fixing base prices to benefit for farmers.

Kayah State

• It is suggested that the project should support upgrading of production routes in Kayah State because farmers are encountering - Noted. with difficulties in transporting their agriculture products. • It is suggested to develop agricultural land development and irrigation water system development in order to bring back refugees from refugees’ camp to their places of origin in conflict areas. - Noted. • It is requested to help for difficulties encountering with seed; mainly availability and expensiveness problems from cooperative

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Comments/Questions Responses

department and other related departments. - It is answered that the Seed Division under DOA will carry out seed quality improvement works and for the access and availability of seeds, the cooperative department would support strengthening seed cooperatives (farmer groups) with the amount of 3 lakhs MMK per one acre. Irrigation Sector: Magway Region - It is answered that LUD under DOA would support water storage facilities and suitable irrigation schemes in dry zone regions (Mandalay, Magway and • It is glad to know that NFASP project helps for Myanmar agriculture Sagaing). The activities will also cover extension services for soil quality development and suggested to focus on the development of river conservation works which are very important for dry zone and which would also pumping systems for agriculture development in Magway region to benefit for animal feed production. (LUD) resolve the insufficient cultivating water difficulties. It is also

encouraged to store stream water instead of flowing into - IWUMD has responded that NFASP Project will consider the upgrading works of Ayeyarwady River and to utilize well-pumping systems in farms by Aingma Weir Irrigation System for instance upgrading distributary canals and taking advantage on grid connection to electricity supply. weir structure repair and maintenance works. By doing so, there would be less

water loss and would be able to supply more water for farming. Regarding to Magway Township developing river pumping systems, NFASP project would not include them.

• It is suggested to consider the ways to provide sufficient water supply

to farmers at respective plantation stage under the project - It is answered that LUD under DOA will support the farmers in dry zone component 1.d Irrigation and Drainage Rehabilitation because (Mandalay, Magway and Sagaing) by providing water storage facilities. The Magway township situates in the central dry zone area which project also covers supporting extension services for soil quality management receives less precipitation than other regions. and production of animal feed for livestock breeders in these regions. (LUD)

- In Addition, the IWUMD has responded that the department has been carrying out irrigation works and rural irrigation water supply works. Under the WB plan, the department is conducting development works for Mezali and Aingma Weir

Irrigation Systems. (IWUMD).

• It is observed that the climate change is affecting on farmers - It is responded that installing water supply systems is covered under this dependent on rain water for growing crops. Therefore, it is project. However, it would not cover for all farmers due to limitations of the encouraged to support technology-based water supply methods and 293

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Comments/Questions Responses

systems (e.g. sprinkler) for farmers in dry zone under this project. fund and budget

Pwintbyu Township

• It is requested to conduct slit and sand removal and expansion activities for Pway Kyit Distributary Canal.

- It is answered that IWUMD has been planning to carrying out silt and sand Pakokku Township removal activities in Pway Kyit Distributary Canal within 2020-2021 fiscal year. • It is reported that the village river pumping scheme project has been During the 2nd year of NFASP Project, there would include conducting lining developed in Pakokku township. However, 4 out of 9 water collection activities and maintenance of irrigation facilities. tanks have not been received water for storage. All the infrastructure, equipment and electricity supply are available and - It is answered that supporting for river pumping scheme project is not therefore it is requested to diverse the Ayeyarwady river water to considered under NFASP project. However, the IWUMD will note down this these water collection tanks in order to advantage for surrounding matter and consider in future works of the department. It is answered that the villages in terms of irrigation water and drinking water for animal Land Use Division has plan to support rainwater collection tanks and sprinkler poultry. systems for farmers.

Yenangyaung Township

• It is requested to support sprinkler method technology and training to support GAP plantations of peanut and sesame in Yenangyaung region. - Noted.

Kayah State • It is questioned if there would be plan or consideration to carry out silt and sand removal activities in Ngwe Taung Dam, Demoso township.

- It is explained that the level difference between the opening of the drainage pipe (lowest water level) and surface water level is thirteen feet and the IWUMD

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has been observing the dam condition regularly. According to this observation, there is no excess amount of silt and sand deposited inside the dam, therefore the silt and sand removal activity is not currently necessary. For irrigation related works, the IWUMD has been managing Cash-for-Work Activities supported by Union fund and drainage rehabilitation activities from regional fund.

Breeding and Livestock Sector:

Magway Region

• It is requested to develop pastures in dry zone region because there - Noted well. Developing new pasture system is not considered under this are difficulties encountering with animal feed security for free-range project. But the Land Use Division would consider strengthening activities for and confined poultry farming systems. animal feed productions works such as supporting water supply and area-

specific animal feed plantations in Magway, Mandalay and Sagaing Regions. • It is observed that the seed division and other NGOs/CSOs are

providing seeds for animal feed in Magway Region. However, it is

requested to provide qualified and nutritious grass varieties which is

also suitable and resilient to the climate of dry zone for animal feed

security.

Gangaw Township

• It is found that there is no market for pork meat in the region. - It is answered to coordinate with regional and district LBVD officers who would be more experienced for regional market conditions. We would also contact with the responsible persons and answer the question. Cooperative Sector: Magway Region • When carrying out strengthening works for farmer groups, it is - Noted with thanks. We would be thankful for your suggestion for ESMF and we important to acknowledge that there are different forms of farmer would also consider and reflect the suggestion. The extension division would groups such as farmer groups registered under cooperative carry out extension activities related to value chain cluster development for department, farmer groups registered under general administration farmer groups. We have also considered the public-private-dialogue method; department and unregistered farmer groups. It is very important to including all related sectors from government, value chain cluster groups, consider inclusion of all these farmer groups under this project. The business entrepreneurs, brokers and traders in strengthening and supporting 295

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approach should not focus solely on farmer groups under farmer groups. Cooperative Department. To be able to bring benefits and to fulfil the needs of farmer groups, it is vital that the department shall cooperate and coordinate with various private sectors including government and private banks for loan, agricultural input suppliers, quality evaluation and common market development. In terms of suggestions and comments for ESMF, suggestions would be sent to project director and focal persons via mail.

• It is encouraged that the project would support small holder farmers. However, it is noticed that the Magway region has been struggling - Noted. Small holder farmers (less than 5 acres) is the main target groups with climate change for three consecutive years and it affects all considered for strengthening activities under this project. The other classes of classes of farmers and the more acres the farmers possess, the more farmers would also access and include under this strengthening activity losses they have been encountering. Therefore, it is encouraged to depending on the situations and conditions. support all classes of farmers who have encountered with the effects of climate change in Magway Region.

Pakokku Township

• It is requested to support Pakokku District Farmer Development

Association in terms of seeds and agricultural inputs for the - It is answered that the Agricultural Extension will conduct meetings to discuss sustainable development of GAP crop production of Winter Sesame. difficulties encountering with agricultural input groups and farmer groups and

trainings for value chain development of GAP crops. Kayah State

• Regarding to contract farming, it is questioned whether provision of 3 lakhs MMK per acre is fully for the seed production works. - It is responded that the two activities are different. Strengthening for seed production would support to seed cooperatives for acre-based quality seed production activities which provision is 3 lakhs MMK per acre-based seed production. Regarding with contract farming, the project would support 2.5 lakhs MMK per acre covering all the activities from growing activities to selling in markets.

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Minutes of Public Consultation Meetings Virtual Meeting, Zoom Meeting (Mandalay Region & Kachin State) 22nd September 2020 (9:00 AM – 12:30 PM)

A consultation meeting was held on Tuesday, 22nd September 2020 by virtual meeting on Zoom platform because of the COVID 19 global pandemic occurrence in Myanmar. The meeting was targeted for the stakeholders at Mandalay Region and Kachin State. A total of 194 people participated in the meeting. From Mandalay Region, a total of 128 participants from townships (such as Amarapura, Aungmyaythazan, Kyaukpadaung, Kyaukse, Madaya, Mahlaing, Mandalay, Meiktila, Myingyan, Ngazun, Nyaung-U, Patheingyi, Pyawbwe, Pyinoolwin, Singu, Sintgaing, Tada-U, Taungtha, Wundwin and Yamethin townships) attended the meeting: 1 participant from Regional Parliament Representative, 26 participants from DOA, 4 participants from DAR, 1 participant from IWUMD, 12 participants from LBVD, 3 participants from Cooperative Department, 1 participant from ECD, 2 participants from GAD, 1 participant from DOP, 63 participants are farmers (3 farmers from each township), 3 participants from private sector64 and 11 participants from NGOs/CSOs and other interested stakeholders65. From Kachin State, a total of 60 participants from Myitkyina township attended the meeting: Regional Minister (Agriculture, Livestock and Irrigation), Regional Minister of Social Affairs, 20 participants from DOA, 1 participant from DAR, 1 participant from IWUMD, 4 participants from LBVD, 5 participants from Cooperative Department, 1 participant from ECD, 1 participant from GAD, 1 participant from DOP, 1 participant from Development Committee, 15 participants are farmers, 3 participants from Media66 and other 5 participants from NGOs/CSOs and other interested stakeholders67. Moreover, 6 participants from World Bank participated in the meeting. In summary, various questions and needs from mostly farmers representatives and farmer groups from Mandalay Region and Kachin State were raised. For agricultural and agricultural research sector, discussions about seed quality, market formation and market links were emerged. One of the participants from Mandalay Region suggested to consider additional activities such as demand and market surveys required during the COVID-19 period. Regarding with GAP crops, easy access to residual fertilizers test and GAP market development were discussed. In terms of

64 Pan Theingi, Rice Mill, Oil Mill 65 Cooperative Syndicates, Farmer Associations (Mango, Seed Grower Associations, Kyaukse, Shwe Yaung Win, Pannman), AUAA (Agriculture), WHH, Food Safety Project, PhD Candidate of Murdoch University 66 MRTV, MyitKyiNa News Journal 67 Cooperative Syndicates, KBC (Ecological Farming Project), World Consume 297

NFASP Environmental and Social Management Framework (ESMF) fertilizers input, area-specific fertilizer utilization matters were discussed. From Kachin State, the Minister has requested for export market development and certification of tissue banana to be officialized for trading. Agricultural land development works in Kachin State were also discussed. For irrigation sector, Mandalay Region had discussed about less precipitation patterns and water difficulties whereas the Kachin State had proposed irrigation infrastructure development especially distributary canal establishment. Relating to livestock breeding, there was request about explanation for project’ s activities such as AI laboratory establishment and animal disease control zone establishment. The responsible persons from NFASP Project development and other related departments of MOALI answered each participant’s questions and requests. Table 49 is a summary of key comments and questions received from the participants during the meeting and MOALI’s responses to those. Table 49: Results of ESMF Consultation – 22nd September 2020 (Mandalay Region and Kachin State)

Comments/Questions Responses

Agriculture and Agricultural Research Sector: - Noted. • For the development of agriculture sector, it is suggested to promote digital technology in updating and informing the information such as

how many acres the whole country can grow, which kinds of crops have been growing in each state and region and how many tons have been produced in a year and market conditions and destruction

extent of each crop.

Mandalay Region

• Related about the seeds, it is curious that the Seed Division would - It is answered by the Project Director that a platform will be developed support farmers in terms of access to qualified seeds and between service providers and farmers in terms of agricultural inputs strengthening works and strategies on more usage of digital platform including seeds by the Agricultural Extension Division. In terms of Seed for market link. Division, Myanmar Rice Research Institute- MRRC in Hmawbi township would be upgraded. Seed research works and seed farms upgrading would be carried out in the whole country and it is also included to develop seed varieties suitable and resilient the cold climate. - It is responded that the Seed Division will carry out upgrading the seed laboratory to be ISO Accredited and supporting agricultural machineries for farmers to produce quality seeds. The reason for seed lab upgradation is to be able to test more parameters related to seed health and quality of the

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produced seeds.

Mandalay Township

• It is suggested to adapt and match the project activities in - Noted with thanks. The project also includes the COVID-19 response accordance with current new normal conditions: to carry out activities including digital extension services and surveys and baseline baseline, market and demand surveys, to organize monitoring group studies. The project component 3: Project Management, Coordination, to watch the current global agricultural demands to bring benefits Monitoring and Evaluation also include conducing baseline, midline, and final for farmers, and to update project plan and design considering the impact assessment surveys. The Department of Planning will take care for new situation affected by COVID-19 (Survey for current status, market link activities via public platforms. At the time of conducting baseline market demand (amount), type, etc.). surveys, these suggestions would be taken into account and informed to the WB Team.

• It is observed that the farmers from Mandalay had to test the - It is answered that the project includes a program to identify difficulties and residual fertilizer contents of the crops in Yangon for export to China. problems and propose solutions relating to food supply chain, market access, Based on current conditions and time consumption, the farmers production and export etc. in States and Regions during the five years of the from Mandalay would like to access the test service in their nearby project implementation. Regarding with the residual fertilizer test locations. It is also requested to create market and market access for requirement for export, the project includes strengthening E-Phyto their crops for example, watermelons and cucumbers. Certificate System which can be applied via online in accordance with new

normal conditions.

• It is questioned if the project would include training or other support - It is answered that the Plant Protection Department had requested for E- to Upper Myanmar Plant Protection laboratory although it does not Phyto Certificate System strengthening works for the mentioned laboratory include in the 14 proposed laboratories under NFASP. under NFASP project. Therefore, the Plant Protection Laboratory infrastructure upgrading work is not considered under this project. The mentioned laboratory may be considered in other projects funded by ADB. - In addition, it is explained that the laboratory management system training would be conducted in Mandalay and Yangon regions and would also support technology aid. The project would cover installing necessary equipment and upgrading laboratory level to issuing ISO Certificates.

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Comments/Questions Responses

Amarapura Township

• It is requested to support agricultural equipment, machineries, - It is answered that the Agricultural Extension Division would support farmers qualified agricultural inputs and technical trainings to develop GAP in Amarapura in terms of value chain cluster development. In terms of drying crops production in Amarapura township. Regarding with paddy machine and post-harvest training, Amarapura will be considered after plantations, drying machine and sustainable market development is conducting baseline surveys regarding to types of crops and other factors. necessary for the region. Promotion of GAP crops plantations and For agricultural inputs, campaigns would be carried out along the supply creating sustainable market for GAP crops are also suggested to chain via private sector platform including NGOs, input suppliers and traders. implement.

Madaya Township

• It is curious about types of fertilizer inputs to be used in promoting - It is answered that the Urea fertilizer has been producing and distributing to diversified crops in various soils of states and regions under this farmers by the factories in Myanmar. For different soils, soil sampling and project. It is also suggested to promote production and distribution soil map development works will be conducted under this project. After that, of Urea fertilizer (made in Myanmar) which is more effective than area-specific fertilizer utilization knowledge sharing would be given to other imported ones. farmers. As a result, farmers will be able to know their soil conditions and fertilizer recommendations by using their mobile phones.

Kachin State

• It is requested to develop market for Tissue Banana (about hundreds - Noted well. We will report and coordinate with Ministry of Commerce for of thousands of acres) in Kachin State because the farmers who grow accreditation of Tissue Banana as official trade crop and for searching other Tissue Banana have to rely solely on China Market. It is suggested to export market opportunities. develop export markets to other countries (e.g. Europe). It is recommended to accredit Tissue Banana as an official trade crop since there are losses in taxes and revenues. • It is also suggested to include agricultural land development activities - Regarding to agricultural land development, the project would not support for landless farmers in Kachin State under this project because agricultural land development and allotment activities, however the project Kachin State is abundant with vacant and fallow lands. will include extension and training activities.

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Comments/Questions Responses

Irrigation Sector:

Mandalay Region - It is answered that the Mandalay Region receives only about 50% of normal • It is observed that Marlenattaung dam in Singu township receives precipitation this year. The dams except Sal Taw Gyi Dam could not receive less precipitation in this year and there are some areas which are certain amount of rain water. The IWUMD has been conducting field works encountering with water availability especially in Amarapura in order to supply irrigation water for farmers. In terms of Marlenattaung township and townships in the south of the Mandalay Region. Dam, it could only collect 25% of the dam’s capacity because of reduced Therefore, it is requested to support water supply to these townships precipitation. The IWUMD has intended plans to supply water to under this project. It is also suggested to upgrade distributary and Marlenattaung Dam by means of irrigating excess water from Sal Taw Gyi minor canals and water courses in the upcoming project years. Dam.

Kachin State - It is answered that the 6.68 million USD has been requested for 2020-2021 project year for rehabilitation of Distributary Canal and water courses, and • It is questioned that the project will support construction of strengthening of embankment for protection of flood and sea water distributary canals connecting from dams to fields in Kachin State. intrusion. Moreover, Cash for work schemes for cleaning and maintenance of irrigation schemes are included under this project to provide additional income and employment opportunity during a difficult economic situation due to COVID-19.

Breeding and Livestock Sector:

Mandalay Region

Tada-U Township - New Installation of Bovine Semen Straw Processing Unit Building and new • It is requested to explain details on AI laboratory establishment and Installation of Liquid Nitrogen Production Plant Main Building will be developing animal disease control zone in 11 townships of Mandalay established in Myinmu township, Sagaing Region. Promotion works of Region. Artificial Insemination Service and Upgrading of Natural Breeding for the Development of Cattle Production will be carried out in some townships in Mandalay Region. When conducting these activities, animal diseases control

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Comments/Questions Responses

works (e.g. foot and mouth disease control), awareness creation campaigns and vaccination activities would also be included. The project covers 44 townships in 6 regions of central Myanmar and includes extension and market research works and supporting necessary equipment.

Cooperative Sector: - It is responded that the Cooperative Department will help in strengthening Mandalay Region works for contract farming with 7 million USD from WB fund under this • It is curious that the Cooperative Department would help Mandalay project. Regarding with contract farming system, farmer groups will be Rice Mill Association which is helping and supporting farmers in supported starting from the time of growing crops to the time of selling them Madaya township. in the market.

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Minutes of Public Consultation Meetings Virtual Meeting (Tanintharyi Region and Mon State) 23rd September 2020 (9:00 AM – 12:30 PM)

Due to the constraints by the COVID-19 pandemic occurrence in Myanmar, a public consultation meeting was held on Wednesday, 23rd September 2020 by virtual meeting via Zoom platform. The meeting was targeted for the stakeholders at Tanintharyi Region and Mon State. Total (121) people participated in the meeting from respective regions.

From Tanintharyi Region, a total of 55 participants took part in the meeting: 1 participant from Regional Parliament Representative , 23 participants from DOA, 3 participants from Cooperative Department, 1 participants from LBVD, 2 participants from IWMD, 2 participants from DAR, 1 participants from ECD, 1 participants from Agriculture Mechanization Department, 6 participants from other governmental departments68, 5 participants from private sector69, 4 participants are from organizations70 and the other 6 participants are from NGOs/CSOs71.

From Mon State, a total of 60 participants took part in the meeting. The Minister of MOALI (Mon State), 1 participant from Regional Parliament Representative, 27 participants from DOA, 3 participants from Cooperative Department, 4 participants from LBVD, 2 participants from IWMD, 1 participants from DAr, 2 participants from ECD, 4 participants from other government departments72, 2 participants from private sector73, 1 professor from Agricultural University, 6 participants are farmers and 6 participants from NGO/CSOs and interested parties74. Moreover, 6 participants from the World Bank attended the meeting.

In summary, as rubber is the major crop grown in Mon State and Tanintharyi Region, questions and suggestions mainly related to the rubber sector were raised by experienced representatives from Myanmar Rubber Planters and Producers Association (MRPPA) regarding to the

68 Department of Planning, General Administration Department, City Development Committee, Department of Agriculture Land Management and Statistics, Information and Public Relation Department 69 Maha Dawei Co., Ltd., Input Providers, Rubber Factory 70 Cooperative Syndicates, Farmers’ Associations (Rubber, Vegetables, Paddy) 71 MRPPA, WWF, GRO-CARE Myanmar, TBZT 72 Department of Planning, General Administration Department, City Development Committee, Department of Agriculture Land Management and Statistics 73 Shwe Oo Wai Co., Ltd., Fertilizers Suppliers 74 MRPPA, Farmers’ Associations (Paddy, Rubber, Vegetables) , GRO, CIRAD, Helvetas 303

NFASP Environmental and Social Management Framework (ESMF) sustainable rubber supply, integrated farming method, certification for RSS and waste management of crump rubber production factories, etc. An officer from ECD also recommended the implementation of the project to be in line with national environmental regulations and the other attendees raise the questions related to the procedures and criteria for the provision of inputs and fund under this project. Table 50 is a summary of key comments and questions received from the participants during the meeting and MOALI’s responses to those.

Table 50: Results of ESMF Consultation – 23rd September 2020 (Tanintharyi Region and Mon State)

Comments/Questions Responses

Related to National Environmental Regulations

Tanintharyi Region

• It is recommended to integrate the national EIA regulations (EIA - Thank you for the suggestion. The national environmental regulations are fully Procedures) in the NFASP’s ESMF regarding to the screening of considered in preparation of this ESMF. Hereby screening process is included as project types, size and scale to be able to conduct required EIA, IEE a part of ESMF before the implementation of project activities. Screening form or EMP. Related to the implementation of project activities, it is also includes the criteria checking against with Annex 1 of EIA Procedure to be suggested to submit to the ECD for comments and instructions. able to address the required environmental study (EIA or IEE). If the project activities meet the criteria of EIA procedure Annex 1, it will be proceeded under • It is also suggested to use EIA, IEE or EMP terms instead of ESMP the guidance of ECD. Moreover, the current proposed project activities are roughly screened and found that any EIA or IEE is not necessary.

- For some infrastructure project such as establishment of laboratories, The World Bank has also considered even those are not clearly prescribed in the EIA Procedures. Potential impacts and risks will be identified, and respective additional management plans shall be prepared if necessary. ESMF is aligned with the ECL, ECR and EIA procedures. For further study, the whole document of ESMF can also be accessed at DOA website.

- In this ESMF, not only environmental impacts but also social, community, and health and safety related impacts are also considered. ESMP is a term referred by the World Bank.

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Comments/Questions Responses

- Additionally, comments and suggestions from respective Ministries including MONREC, ECD will also be requested.

Agricultural and Research Sector:

Tanintharyi Region

In Dawei, there is a Sustainable Natural Rubber Supply project formed by the WWF with the participation of DOA. The products are ready to step into the international market. It is requested to - It is not directly provided under the NFASP. However, the guideline and include the awareness raising for sustainable natural rubber principles related to sustainable natural rubber had been discussing between plantation and development under extension service of NFASP. DOA and International Rubber Study Group (IRSG). As an addition, the draft Also, it is requested to consider for the support to develop the version of Sustainable Natural Rubber Guideline will be ready to be disclosed in value added rubber products like gloves which are high demand October 2020. Moreover, the public consultation meeting will be organized to under COVID-19 pandemic. consider the comments and opinions to improve the rubber market in Myanmar.

• 80 percent of rubber production (whole country) is exported to foreign and can’t be able to change into other secondary products in - Noted well. local. It is requested to emphasize on manufacturing the value-added products in Myanmar. - Noted well with thanks, and will be considered those suggestions for Tanintharyi • It is requested that the strategy and applications of NFASP to be Region under the NFASP which intend to promote the private sector. applicable and easy to be used by the farmers and other stakeholders. • Suggestions based on the current issues, which farmers are facing, were brought up as follows; ✓ Agricultural Inputs to become more accessible. ✓ To invest and support in human resources, industrial farming, and agricultural machineries. ✓ To prepare the future plans adaptable to the climate change in

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Comments/Questions Responses

agricultural sector, such as water resources management plan for irrigation. ✓ To have incentive market for the farmers to sell their crops and fruits. ✓ To benefit the Farmers rationally as most of the loan need to be paid back at the time of reaping, and traders underpay the crops.

• It is encouraged to consider the other activities such as Integrated Farming, within rubber plantations and farms (e.g. bees breeding) which could create other income for the labours who are mainly - The government is implementing the practices of integrated farming in some females and migrant workers. farms at Kawthoung Township, 8-mile farms as per the guidance of State • It is requested to establish quality control and quality certification Counsellor. Bees breeding was also targeted to apply in Dawei, Myeik and system of RSS; which smallholders mainly depends on it. Mudon. • It is asked to prescribe the regulations on effluents discharged from TSR (Crumb Rubber) factories and suggesting treatment and other odour control system. - Noted well, and will be considered and tried to take action, cooperating with the Rubber Research and Development Center at Yangon. Mon State 1. It is requested to get affordable and qualified rice varieties which are adaptable to the climate change as Mon State starting to receive - The Department of Agricultural Research is currently serving to treat the massive rain, and floods occurred during the last years. distorted varieties, providing affordable and qualified rice varieties (e.g. Yenat Khan, Yenay Khan). Irrigation Sector: -

Mon State - Noted well. The IWMD department is currently implementing to construct small • There is a loss in natural water resource as it cannot provide required dams across the rivers and streams, where the water is captured for the use of water sources adequately. As the horticulture farms needs adequate irrigations and water supply to the farms. Because of receiving the less rain water water supply, the farmers eagerly wanted to establish the natural this year, the implementations for water harvesting measures will be increased dams and irrigation system in Mon State, as what Thailand did. more than before.

Breeding and Livestock Sector:

Mon State 306

NFASP Environmental and Social Management Framework (ESMF)

Comments/Questions Responses

• It is suggested to consider the fisheries sector at Mon state (e.g. - Noted well and will be reconsidered to provide under NFASP. Moreover, there market extending in private sector of fisheries) under this NFASP, as will be more public consultation meetings in Mon State under the component of it is one of the food-security sectors in Mon. strengthening the communication campaign to minimize disruption of food supply. At that meeting, the voices from locals will be listened to reflect in the NFASP project.

Corporate Sector:

Tanintharyi Region - No. The criteria is for 2 acres and below, which intended to emphasize on the • It is questioned that if there would be any provision of e-voucher or smallholders. The project provides equal opportunity regardless of gender. It will paper voucher for women-led farming which are more than five be provided to the ones who meets the criteria set by the World Bank. acres?

Mon State - Agricultural inputs will be provided via regional and states offices and the voucher can be used at the respective private shops, the shops can exchange the • It is curious to know the following information related to Agricultural voucher back into cash in the respective regional and states cooperative offices. Inputs Distribution provided by Corporate Department. - As an agricultural input, 1.2 lakh valued paper voucher/ e voucher will be given. ✓ Locations where Inputs shall be given As this will use revolving fund system, targeted to be sustainable, farmers need ✓ Method how the Inputs shall be given to be repaid back. The interest rate is 8 % for the whole year. ✓ The amount of interest and form [loan/grant] of Inputs

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NFASP Environmental and Social Management Framework (ESMF)

Minutes of Public Consultation Meetings Virtual Meeting, Zoom Meeting (Sagaing Region & Chin State) 24th September 2020 (9:00 AM – 12:30 PM)

A consultation meeting was held on Thursday, 24th September 2020 by virtual meeting using Zoom Conference Room. The meeting was targeted for the stakeholders at Sagaing Region and Chin State. A total of 160 people participated in the meeting including participants from World Bank. From Sagaing Region, a total of 99 participants from the townships (Budalin, Homalin, Kanbalu, Monywa, Myinmu, Sagaing, Shwebo, Wetlet, Ye- U and Yinmabin) attended the meeting: 32 participants from DOA, 3 participants from DAR, 1 participant from IWUMD, 12 participants from LBVD, 17 participants from Cooperative Department, 1 participant from ECD, 1 participant from GAD, 1 participant from DOP, 27 participants are farmers/livestock breeders and 4 participants from NGOs/CSOs and interested groups75. From Chin State, a total of 55 participants from the townships (Falam, Hakha and Madupi) attended the meeting: 3 Regional Parliament Representatives, 25 participants from DOA, 1 participant from DAR, 1 participant from IWUMD, 2 participants from LBVD, 4 participants from Cooperative Department, 1 participant from ECD, 1 participant from GAD, 4 participants from DOP, 3 participants from DRD, 1 participant from City Development Committee, 6 participants are farmers/livestock breeders and 3 participants are from cooperative syndicates. Moreover, 6 participants from World Bank participated in the meeting. In summary, various questions and needs from mostly farmers’ representatives and farmer groups were raised. For Agriculture and Agricultural Research Sector, role of private sector for NFASP project and the importance of demonstration trials for extension activities are discussed. Farmers from Sagaing Region requested for market development and linkage for crops such as beans, pulses and oil seeds. A farmer from Chin State raised about the requirement of research, machineries and quality seeds for growing Elephant Foot Yam cop in their area. The criteria for inclusion of female-headed households and women farmers under NFASP project were also discussed. For Irrigation Sector, difficulties related to irrigation infrastructures and draughts encountering in Sagaing Region were anticipated. Regarding with Cooperative Sector, inclusion of privately registered seed associations under this project was requested. For Livestock Breeding Sector, animal feed security in dry zone and food safety concerns for combined breeding of fish and chicken were discussed. The responsible persons from NFASP Project development and other related departments of MOALI answered every questions and requests. Table 51 describes the detailed comments and questions received from the participants during the meeting and MOALI’s responses to those.

75 Farmers’ Associations (Seed Providers), Network Activation Group 308

NFASP Environmental and Social Management Framework (ESMF)

Table 51: Results of ESMF Consultation – 24th September 2020 (Sagaing Region and Chin State)

Comments/Questions Responses

Agriculture and Agricultural Research Sector:

• It is curious about how the private sector (e.g. seed production) - Noted well. The project includes consideration of private sector in the formation of would be related with NFASP project and under which role. As per Public Private Dialogue for the project activities in all States and Regions. The private on-ground condition, private sector and farmers are already sector would also be included in the formation of working groups for each crop (e.g. coordinated as a cluster and private sector is helping in terms of seed paddy, bean and oil seed crops etc.). The suggestions from this PCM and suggestions inputs. Therefore, it is suggested to include an action plan for private from conducting baseline studies would be considered and included in project sector with the purpose of strengthening existing private-farmers activities during the five years’ duration of the project. cluster in coming project years under NFASP.

- It is answered that the project activities would also include to carry out practical • As per past experience, when conducting extension services and plantation of suitable crop for specific plot in the farmers’ fields. trainings for farmers, it is observed that farmers are less interested

and enthusiastic on trainings which only teach and explain on paper.

Therefore, it is suggested to include practical demonstration

trials/farms and trainings under this project.

Sagaing Region

Monywa Township - It is answered that the Zaloke Research Farm was considered as regional research • It is requested about how the Zaloke Research Farm could support in center during the initial planning of NFASP. During project preparation time, the terms of research under this project. The Zaloke Research Farm has Zaloke Research Farm was provided with required facilities by the DAR. Therefore, been conducting research on Chickpea, Pigeon pea, Wheat and at the time of revision of project activity, the Zaloke Research Farm is included only Mung Bean, especially to be qualified and climate-resilient seeds and under research development activities which would include provision of 2 glass other works such as soil quality test and pest disease research. It is houses for variety improvement and seed demonstration trials. The project does not also questioned on how their seed production works could be include collaboration between DAR and Cooperative Department although the coordinated and supported under Cooperative Sector in terms of the Cooperative Department would strengthen seed cooperatives with 3 Million USD supply of seed inputs. fund under this project.

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Comments/Questions Responses

- Noted well. Market development and linkage is considered under project • It is observed that farmers from Monywa township are growing component 2: Value Chain development for Competitiveness and Economic quality legumes in accordance with GAP methods and these crops Clustering and would support along the value chain of the crops. Private sector such are also the main export crops. Although they are trying hard to as brokers and traders would be included for market search and the project would produce quality crops, the market conditions are not favoured for also support discussions, evaluation, finding the answers and disclosure about the GAP farmers. DOA has been continuously supporting other necessary opportunities and difficulties across the food supply chain by the Agricultural inputs such as quality seed and soil test, it is requested to develop Extension Division. Relating to imports from foreign, it is answered that beans, market or linkage with market under this project. In addition to low pulses and oilseeds are included in primary sectors of National Export Strategy. DOA market price condition, some bean crops such as green pea are is also trying to limit importation of agricultural raw materials which can be exported from foreign (e.g. Australia and Canada). Therefore, it is produced locally. requested to control and adjust import-export market requirements

for trade because farmers could not get profit for their local products

and to cover other costs such as wages and inputs.

Yinmabin Township - Noted well. All States and Regions will be included for developing market access and • It is found that market price for Chickpea and flour is under-priced linkage by means of Public Private Partnership along the value chain with 2 million comparing to expensiveness of wages, inputs and machineries price. USD fund. It is requested to develop market for these crops under this project.

Chin State - It is answered that Elephant Foot Yam value chain cluster would be developed in Chin State. By organizing Elephant Foot Yam value chain working group (brokers, • It is welcomed about research on tea and orchid in Chin State. traders, government and traders), the group would help the farmers from the stage However, Elephant Foot Yam is the major crop of Chin State and it is of growing to the stage of market linkage. The required machineries for Elephant requested to support research, inputs such as seeds, machineries Foot Yam would be supported to Hakha and Madupi townships and extension (e.g. drying machine, cutters) for Elephant Foot Yam crop services would also be provided by Agricultural Extension Division. development. Regarding with loans from government and other - Tissue Culture Laboratory for Elephant Foot Yam Crop would be established in projects, the locals could not access to it due to lack of Form-7 Hakha township and inexpensive quality seeds and technology would also be certificate for their lands. provided sufficiently to farmers. The tissue culture research on reproduction of • It is observed that value chain clusters for Elephant Foot Yam would Elephant Foot Yam from leaf is also successful. be formed in 3 townships: Hakha, Falam and Madupi in Chin State. It - In terms of support from Cooperative Department, there is no such limitation on is questioned that how many cluster groups have to be organized for requirement of Form 7 to get support. one township. - It is answered that only one cluster group has to be organized in one township with 310

NFASP Environmental and Social Management Framework (ESMF)

Comments/Questions Responses

the minimum 25 group members.

Madupi Township - We would collect information related to female headed households and women • It is observed that numbers of male-led household groups and male farmers from village general administration departments. It is encouraged to farmers are more than that of woman-led groups in their area. It is Madupi Farmer Group and other farmer groups to include and encourage questioned that how their organization could include under the participation and inclusion of women in their groups or under this project. project if the composition of female headed households and women farmers could not make up to 50%. Irrigation Sector:

Sagaing Region

Homalin Township

• It is observed that Homalin township is abundant with natural water - It is answered that Sagaing Region does not include in strengthening irrigation sector outlets and streams and it is also a township encountering with flood. related works under this project. With regional IWUMD and farmers’ activities, small dams and water

courses are constructed and maintained and it is questioned if the

project includes strengthening their developed irrigation

infrastructures.

Kanbalu Township - It is answered that LUD would select farmers from Sagain Region via baseline survey • It is questioned that the project would cover developing electricity and would develop water collection tanks and suitable water supply system in their utilized water supply system in their area. It is also suggested to carry fields. However, Sagaing Region does not include in strengthening irrigation sector out well digging activities for catchment area of Tha Phan Seik dam related works under this project. We would propose for consideration at the time as a supplement water supply. for evaluation of project activities.

Monywa Township - Noted well. Currently, strengthening irrigation sector related works under this project will not conduct in Sagaing Region. • It is observed that Groundwater Project had developed in Monywa

township with 94 wells. Among them only 10 wells could be used for

311

NFASP Environmental and Social Management Framework (ESMF)

Comments/Questions Responses

about 1,800 acres in all 10,000 acres. Therefore, it is requested to allow installing transformers to pump water from own wells to adapt the drought encountering in these years.

Budalin Township - It is answered that Sagaing Region does not include in irrigation sector related works under this project. However, developing water collection tanks would be conducted • It is requested to upgrade the developed river pumping scheme starting from this year. It is also encouraged township administrator to coordinate project in their area because the area is encountering with drought in baseline study and other discussion works. and the developing pumping project could only provide about 2,000

acres in their area. - Noted well. Selection process for providing water collection tanks and suitable water Yinmabin Township supply method would be considered after baseline study and discussions with • It is proposed that their area has water collection tanks but water has township and district administrators. to be pumped with machine assistance. Therefore, it is requested to support suitable method for water supply to their fields. Breeding and Livestock Sector:

Sagaing Region

• It is questioned about how (by what means and action plan) the - It is answered that LUD would conduct works related to increasing animal feed increasing feed security and sustainable environmental management security and sustainable environmental management works in dry zone. LUD would would be carried out in dry zone. It is also found that there are less develop water collection tanks and suitable water supply system and suggest natural and village-owned pastures relating to agricultural land suitable animal feed plantations for each specific area and include trees plantations development. for sustainable greening. The project would not cover new pasture land development but the project would support farmers to produce animal feed in their Shwebo Township fields considering soil conservation at the same time. • It is discussed about food safety concerns for breeding of fish and chicken in the same breeding area which is practicing in their region. - It is answered that this breeding practice is also seen in breeding farms of Yangon It is questioned about side effect of this breeding practice and Region. The LBVD is also discussing on food safety concerns of this practice and enforcement by restriction and/or notification. would conduct awareness trainings once the solution is evaluated.

Cooperative Sector:

Sagaing Region

Shwebo Township

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NFASP Environmental and Social Management Framework (ESMF)

Comments/Questions Responses

• It is requested to for access of quality fertilizer to be able to produce - Regarding with support of quality fertilizer, the project includes testing soil quality quality Shwebo Paw San paddy seeds (a famous variety of rice). and area-specific fertilizer recommendation programs in Sagaing Region. Provision • It is also questioned about how the women-farmers’ sector of water collection tanks is also included for Sagaing Region which is situated in the improvement would be considered under the project. dry zone. The project aims for women to make up at least 40 percent of all • Regarding with seed cooperatives, it is questioned if only the seed beneficiaries. The Cooperative Department has answered that among the three sub cooperatives registered under cooperative department would be projects related to their department, facilitating input distribution could be supported under this project. It is strongly requested to include accessed by non-cooperative association. In terms of strengthening seed privately registered seed production associations under the support cooperatives, seed cooperatives are the primarily targeted groups to be supported of NFASP project. under this project. Privately registered seed production associations would be consider depending on the additional fund availability.

Kanbalu Township

• It is requested to support from cooperative department in terms of - It is answered that the Agricultural Extension Division would provide strengthening knowledge sharing, technology (GAP protocol, post-harvest extension services through digital technologies in Kanbalu township. The technologies, cold storage) and financial aid for farmers who grow Cooperative department would provide cold storage facilities under the Contract GAP crops in Kanbalu township. Farming system.

Yinmabin Township - Noted well. The project does not include supporting loan for purchasing agricultural • It is observed that the interest rate from Cooperative Department is machineries. higher that from Agricultural Science in terms of purchasing agricultural machineries. - It is responded that the Cooperative Department would support contract farming Chin State system with 7 million USD fund (In acre-based approach – 2.5 lakhs MMK per acre). The Cooperative Department would carry out all the processes to be relevant with • Regarding with establishing contract farming system in Chin State, it the SOP for contract farming released from DOA on 29.01.2020. The Cooperative is questioned about how the Cooperative Department would inform Department would disclose practicing transparency to all farmers and consider the and explain the native and/or small holder farmers about the requirements of farmers. The benefits obtained from contract farming would be document and other requirements, rights, benefits and side effects shared among farmers and the interest rate of the loan provided under this system of contract farming system. would be small (1.25 % per year).

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Minutes of Public Consultation Meetings Virtual Meeting, Zoom Meeting (Ayeyarwady Region) 25th September 2020 (9:30 AM – 12:30 PM)

A consultation meeting was held on Friday, 25th September 2020 by virtual meeting using Zoom Conference Room. The meeting was targeted for the stakeholders at Ayeyarwady Region. Total of 103 people participated in the meeting including participants from World Bank. Most of the participants are from townships in the Ayeyarwady Region such as Latbutta, Yegyi, Hinthada, Zalun, Bogalay, Danubyu and etc. Among them, 29 participants are from DOA, 4 participants from Cooperative Department, 3 participants from LBVD, 5 participants from IWUMD, 2 participants from DAR, 2 participants from ECD, 3 participants from other governmental departments76, 3 participants from private companies, 2 participants from NGO/CSOs 77, 6 participants from World Bank and 44 participants are farmers/livestock breeders. In summary, it is found out that farmers in Ayeyarwady Region are facing difficulties such as the access to the market, unnecessary losses due to the lack of infrastructure, facilities, machineries and climate change effect, etc. Small holders are stuck in debt, struggling to extend their production, and even difficult to make their livings. Mixed farming (agriculture and livestock breeding) was brought up and farmers requested guidance and support in mixed farming such as (Sapar-Ngar Breeding) from MOALI. As an addition, it is pointed out that Department of Fisheries is the only department left out under MOALI, in NFASP project. However, MOALI noted all the issues, challenges facing in Ayeyarwady Region and has explained their attempts and plans and made sure the participants to understand well the project design during the PCM. Table 52 describes the detailed comments and questions received from the participants during the meeting and MOALI’s responses to those.

76 Planning Department, City Development Committee, General Administration Department 77 Alinn Tann Association, MATA-ATTA, Agri-consultant from Netherland Embassy 314

NFASP Environmental and Social Management Framework (ESMF)

Table 52: Results of ESMF Consultation – 25th September 2020 (Ayeyarwady Region)

Comments/Questions Responses

Agricultural and Research Sector:

Bogalay Township • It is found that there were issues of chemicals overuse in agricultural - In some parts of Ayeyarwady Region, the department will test soil quality and sector. It is asked to support the activities related to the reduction of recommend the suitable fertilizer ratio. Instead of organic farming, NFASP the use of chemicals in crop production and promote organic farming emphasizes to promote the systematic use of fertilizers. under the NFASP. - In NFASP, there will be training for residual chemicals testing in fruits, and planting • Smallholders’ farmers have loans with high interest and stuck in with nutrient fluid and distributing such fruits to the farmers. debt. They eagerly wanted to know how NFASP could consider for - The Cooperative Department will undertake three activities, altogether worth of such situation. 35 million dollars: 1) agricultural inputs (fertilizers, pesticides) will be provided via paper voucher (1.2 lakhs) to the smallholder farmers, 2) providing Seed Cooperatives 3 lakhs for an acre and 3) providing Cooperative Contract Farming 2.5 lakhs for an acre. Moreover, the loan interests’ rate for the paper voucher or e-voucher (which is in the revolving fund form) will be 1 month for 70 cents (8% for whole year) Yegyi Township • As the agricultural input quality is low, the product quality becomes - To get the qualified agricultural inputs, the department is actively trying to assess low and it is asked how the department would assess and take and investigate such inputs as per the national laws and regulations stipulated. actions on that matter. - Well noted, MOALI will also listen the stakeholders’ struggles and difficulties in • In order to improve the livings of farmers, it is asked to whole food value chain and find the solution, reconsider in the project design. create/promote the food value chain. Moreover, the project will support agricultural inputs to be used efficiently and effectively. - Discussion related to value chain development with different clusters will be Danubyu Township conducted • It is requested to provide machineries and facilities needed in chilies/pepper farming such as storage, warehouse and etc. - A drying machine will also be provided to Danubyu Township. • It is requested to give guidance on getting into the International GAP - In component 1 - 138 million USD be used, DAR, Cooperative Department, DOA crop market, as the GAP is used at farms. and IWUMD will be included. The four sub-components are included;1) Improved • It is asked to explain how the component would support the farmers. Research System for Better Technology and Knowledge,2) Improve Quality and Utilization of Inputs, 3) Strengthening Extension Services through ICT and 4) Digital • As there is difficulty in reaping the crops in time, it is requested to Technologies and Irrigation and Drainage Rehabilitation. get any help from the Agricultural Mechanization Department.

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Comments/Questions Responses

- Agricultural Mechanization Department is not involved in this Project. However, this project will provide drying machines to the respective places because the drying of crops is a common issue encountered by the farmers in Myanmar.

Ingabu Township - This project will support the agricultural inputs to the smallholder farmers. • In seed farming, it is said that agricultural inputs played an important - Market Information System will be created (which shows market price of rice, role. It is requested to support agricultural inputs to the smallholder bean etc.), the value will be accessed on the phone via mobile application just in a farmers who cannot afford to purchase. hand. • It is requested to have an easy access to the information of market price when selling the crop products.

Other Townships - When the result of screening is evaluated by SPIU, PMU Safeguard Team will • It is found out that environmental screening and assessing stages are approve it with the support of Consultant Team organizing with international and well established and complying with the national legislation and national environmental and social consultants. national EIA system. The question is that who would approve screening results of the proposed activities (sub-activities).

Irrigation Sector:

Ingabu Township • Similar to Hithada township, seed farming has an issue of inadequate - In Ayeyarwady Region, IWUMD will dig the tube well in the area, if it has the own water supply. budget. For the requested activity, it is suggested to contact via the respective department offices because the project does not consider such support. Hinthada Township • Seeds Farming has to depend on underground water resources, due to the climate change. Timely supply of water is important in Seed Farming. It is asked that the project had any plan to supply the water for seeds farming. Breeding and Livestock Sector:

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Comments/Questions Responses

Ingabu Township • It is found out that the villages in Ayeyarwady Region, mostly use the - As per the law, the land use must be changed from agricultural land to land for mixed farming system at their farmlands, like doing fisheries in paddy breeding and livestock. fields. So it is asked how the department took consideration and arrangement for such situation.

Other Townships • It is observed that fisheries department is not participated in this - As the fisheries department does not participate in NFASP, Paddy-Fisheries NFASP. Therefore, it is curious that paddy-fisheries enterprises Enterprises will not be considered. (mixed farming) considered in the project. - Under the project, there will be trial farming in salty water intrusion area. In this • As per the questioner’s experience, there are areas (Bogalay and NFASP (under component 1), there will be training for residual chemicals testing Pyapon Township) encounter the intrusion of salty water at the time in fruits, and planting with nutrient fluid and distributing to the farmers. of reaping, which makes farmers cannot reap the crops successfully. - Regarding with the question, there is no plan to provide any animals under this (only one crop (paddy) is able to grow at the area). The question is NFASP except, establishing AI laboratories and etc. However, in some townships that there would be any provision of other crop varieties for those under the cooperative department, it may support animals to the breeders as areas under this project. necessary. • It is asked that LBVD would support relating with Mixed Farming.

Cooperative Development Sector: Yegyi Township • In Yegyi township, there are almost 100 of smallholder farmers. Due to climate change and natural disaster, the farmers are facing losses - Small holders will be supported financially. Loan will be given with 1-year term in the crops production. It is founded that farmers had no capital with the interest rate of 1 month for 70 cents (8% for whole year). even they wanted to extend the production. It is highlighted that - Agricultural Input quality will be strengthening and trained from Department of farmers are really difficult to withstand and make livings on farming Agricultural Research. as the market value isn’t stable and reliable. The followings were - For Seed Cooperatives Association, Cooperative Department will support storage requested at PCM: and drying machines under its budget (will build cold storage in the later years) ✓ Constructing warehouse for crop storage and supporting drying - For Yegyi Township, all the supply chain- technological training and consultation machines. meeting will be supported up to four years. Moreover, a drying machine and ✓ Provision of loan, technical support and agricultural inputs. storage warehouse (40’ 30’ sized) will be constructed for the temporary storage. ✓ Provision of information such as market price of agricultural products in timely manner • Moreover, it is wanted to know how government support the mixed

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Comments/Questions Responses

framings in the respective regions?

Zalun Township • It is requested to construct the earth road/lane for transportation of - The construction of such road will not be supported under this project; however agricultural products to the villages where are difficult to access to the department will record the mentioned requirements and try to give any the market. provision under future projects.

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Appendix 16: Grievance Form, Grievance Closeout Form and Grievance Registry

Table 53: Grievance Form

Instructions: Paper form to be completed by GFPs/ES implementers or Grievance Handling staff/Officers receiving the inquiry or grievance and sent to FGs/Township level staff officers of DOA. (Attach any supporting documentation/letters as relevant).

NFASP Grievance Form Grievance Registration No. Date of Registration Details of complainant

Anonymity (Yes/No)

Name: (information is optional and always treated as confidential)

Gender:

Address: (information is optional and always treated as confidential)

Contact Details: Primary Mobile No. Secondary Mobile No. Email: Preferred mode of contact:

Nature of the project impact on complainant: Economically Physically displaced displaced Others

Brief description of grievance: (Provide as much detail and facts as possible)

Mode of submission of grievance Complaint Verbal Written Box Phone Email NFASP Facebook Page In person Others

Signature of Complainant Signature of Officer

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Table 54: Grievance Close Out Form

Grievance Closed Out Resolution Describe the steps taken to resolve the grievance and the outcome.

Department:

Mode of communication for reply (meeting/ written/ verbal/ display):

Date closed:

Signatures Complainant:

Project representative:

Date:

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Table 55: Grievance Registry

Name of Name of staff Medium Date of Date of receiving Grievance grievance responsible Date of feedback Type of Details of of grievance Present No incoming letter / Reference originator (if Gender for provision/ Remarks grievance grievance commu acknowledge status form Number not managing reference number nication ment anonymous) the grievance 1 2 3 4 5 6 7 8 9

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Annex 17: Contingency Emergency Response Component (CERC)

I. Introduction

This annex focuses on the safeguards requirements relating to Component 4 of NFASP – the Contingent Emergency Response Component (CERC). It describes the scope of potential CERC- related works associated with agriculture related infrastructure as part of the NFASP. The CERC will prioritize emergencies having significant impact on agriculture, livestock, and rural development.

The CERC may be used following natural disasters or other crises and emergencies that impact the agriculture, livestock, and rural development, allowing funds to be reallocated from other components of the project. In the event of an emergency event, it is not anticipated that a reallocation of project funds will cause serious disruption to project implementation. MOALI will serve as the Implementing Agency (IA) for the CERC in close collaboration with MoPFI.

Disbursement of emergency financing under the CERC will be contingent upon: • The recipient establishing a nexus between the disaster event and the need to access funds to support recovery and reconstruction activities (an “eligible event”) • Submission to and no objection granted by the World Bank of an Emergency Action Plan (EAP); or in the context of NFASP, the EAP is referred to as a Contingent Emergency Response Implementation Plan (CERIP).

The preparation of the EAP/CERIP will have regard to this Annex. It will include a list of activities, procurement methodology and safeguards procedures. It will also require consideration of safeguard implications for any proposed emergency supplies procurement or reconstruction activities. The following procedures will need to be included: (i) consultation and disclosure, (ii) integration of mitigation measures and performance standards into contracts, and (iii) supervision/monitoring and reporting measures to ensure safeguards compliance.

The World Bank, through the no objection process, will closely examine the nature of the proposed activities, particularly those involving civil works, to ensure that: (i) they are not prohibited under the negative list; and (ii) the recipient is aware of the required environmental and social safeguard compliance documentation before initiating the process by which the proposed works will be prepared and implemented. Emergency activities financed under the CERC will involve financing provision of critical goods or emergency recovery and reconstruction works and it is likely these will fall into Category B or C under WB OP 4.01. Activities that fall under Category C could involve procurement of emergency supplies such as medicine and water and do not require the application of safeguard instruments, post-screening or assessment. Procurement of other materials and equipment will follow the guidelines outlined in Chapter 6 (Table 15: Ineligible Procurement List). Other emergency supplies, such as fuel products, will require safeguard instruments to ensure procurement, storage and dispensing procedures are adequate.

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II. Safeguards Requirement for CERC Implementation

Paragraphs 17 and 26 of the CERC Guidance (October 2017) includes a specific reference to safeguards requirements during CERC preparation and activation stages: “All activities financed through the CERC are subject to World Bank safeguards policies, keeping in mind that paragraph 12 of the IPF Policy applies once the CERC is triggered… If the Original Project has an Environmental and Social Management Framework (ESMF), a section on the CERC is included based on an indicative list of activities related to the likely emergencies that led to the CERC’s inclusion in the project. If the project does not have an ESMF, the Borrower should prepare a brief CERC-ESMF.”

This section outlines the safeguards requirements to facilitate the efficient activation of the CERC. The Guideline suggests that the CERC-ESMF or specific section of CERC Content should include (as a minimum) the following elements: (i) Identification of potential activities that the CERC could finance (positive list of goods, services and works; negative list); (ii) ES management procedures; (iii) Institutional arrangement for the ES management during implementation; and (iv) Analysis of potential ES impacts.

Indicative CERC-Related Activities: In order to ensure that CERC subproject activities comply with the requirements of the World Bank’s Safeguard Policies, a positive and negative list has been developed to provide guidance on critical imports and/or for emergency goods, services or works which may be eligible for financing. This list should be considered preliminary and subject to further revision as more project information becomes available.

III. CERC Positive List

The activities that will be financed by the CERC, will try as much as possible to avoid activities or subprojects with complex environmental and social aspects (for example resettlement), because the CERC objective is to support immediate priority activities (less than 18 months). What the CERC may finance is indicated in the positive list of goods, services and works as shown in Table 56 below and mentioned in the Procurement Section, Para 25 of the Project’s CERC PIM.

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Table 56: Positive list of goods, services, non-consulting services, works, and other expenses

Item Description

Goods - Construction materials, equipment, and machinery - Water, air, and land transport equipment, including spare parts - Water and sanitation equipment - Communication equipment - Power supply equipment - Reverse osmosis units and spare parts - Loss of livestock - Any other item agreed to between the World Bank and the Recipient (as documented in an Aide-Memoire or other appropriate formal Project document. Services - Survey and studies (geological, social, environmental, etc. - Feasibility study and technical design - Works supervision - Technical Assistance in developing terms of references (TORs), preparing Technical Specifications and drafting tendering documents (Bidding Documents, invitations to quote (ITQ), request for proposal (RFP)). Works - Repair of any agricultural machinery or equipment damaged by the event - Repair, restoration, or reconstruction of roads, bridges, other transport infrastructure damaged by the event - Re-establishment of the urban and rural solid waste system, water supply and sanitation (including urban drainage) infrastructure damaged by the event - Repair, restoration, rehabilitation of schools, clinics, hospitals or works of cultural significance or communal structures damaged by the event, and - Removal and disposal of debris associated with any eligible activity.

IV. Negative List

Subprojects with the following potential impacts will not be eligible for financing under the CERC:

• Activities of any type classifiable as Category A pursuant to the Association’s Operational Policy (OP) 4.01; • Activities that would lead to conversion or degradation of critical forest areas, critical natural habitats, and clearing of forests or forest ecosystems; • Activities affecting protected areas (or buffer zones thereof), other than to rehabilitate areas damaged by previous natural disasters; • Activities that will cause, or have the potential to result in, permanent and/or significant damage to nonreplicable cultural property, irreplaceable cultural relics, historical buildings and/or archaeological sites; • Activities that will negatively affect rare or endangered species; • River training (i.e. realignment, contraction or deepening of an existing river channel, or excavation of a new river channel);

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• Purchase and use of goods and equipment for military or paramilitary purposes; • Will result in involuntary land acquisition or resettlement; • Land that has disputed ownership, tenure or user rights; • Do not meet minimum design standards with poor design or construction quality, particularly if located in vulnerable areas; and • Require or involve: (i) purchase, application or storage of pesticides or hazardous materials (e.g. asbestos); (ii) use of asbestos-based construction materials for reconstruction works; (iii) building a dam, structures that will alter coastal process or disrupt breeding sites of protected species; and (iv) sand mining or land reclamation (i.e. drainage of wetlands or filling of water bodies to create land).

V. Environmental and Social Management Procedures

When the CERC component is activated, MOALI will carry out the following steps:

• Step 1: Application of the ES Screening Form. This ESMF includes a template to screen the subprojects from the ES point of view. These forms will be used also for the CERC-related subprojects. In addition to activities on the CERC Negative List, activities that will result in the acquisition of significant amounts of land (more than 10% of private land holdings), relocation of households including squatters, loss of assets or access to assets that leads to loss of income sources or other means of livelihoods will not be financed under CERC. • Step 2: Identification of Potential ES Impacts and Measures. Based on the results from Step 1, MOALI (with PMU support) will prepare the required safeguards instrument(s) for the CERC subprojects. The required instrument(s) will be cleared by the World Bank. Any ESMPs required for CERC activities describe the works/activities and mitigation measures to be conducted during detailed design, procurement of contractor, repair/restoration, and closure plans, during pre-construction, construction and post-construction taking into account the magnitude, scope, and nature of the emergency. The contractor will be required to ensure that all works are safe, and all hazardous wastes are safely and appropriately managed during the implementation of the subproject. Consultation with local authorities and communities will be made during this stage. Disclosure of approved instrument(s) will be conducted in-country and on the World Bank’s external website. • Step 3: Monitoring During Implementation. The approved safeguards instrument(s) will be implemented according to the agreed implementation arrangement; as outlined in the approved instrument(s). MOALI will monitor the implementation of the safeguard instruments. • Step 4: Completion and Evaluation. Once the CERC subproject has been completed, safeguards team of the PMU (or 3rd party where applicable) will monitor and evaluate the results before closing the contract. Any pending issues and/or grievance must be resolved before the subproject is considered fully completed. The safeguards team of PMU will submit the completion report describing the compliance of safeguard performance and submit it to the World Bank.

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VI. Institutional Arrangement for the ES Management during implementation of CERC.

Chapter 7 of this ESMF describes institutional arrangement for the ES Management of NFASP. The same arrangement will also apply for ES management under the CERC implementation. Other relevant Government agencies may provide technical assistance to MOALI related to the finalization of procurement bidding documents and the technical supervision of the emergency activities. Further description of detailed arrangements will be provided as more project information becomes available and that the project’s CERC Operational Manual (CERC OM) is fully updated.

VII. Analysis of potential ES Impacts.

Indicative CERC-related activities (see Table 56) are considered to be small and medium-scale works. Potential negative impacts are expected to be moderate, localized, and temporary that can be mitigated through the implementation of the ES safeguards instruments and close supervision by the field engineer or supervision consultant. The required mitigation measures will be included as part of the ESMP, ECoPs and other instruments, as needed.

In addition to the list of potential impacts and mitigation measures outlined in Chapter 5, Table 57 below presents a list of generic environmental and social impact and mitigation measures for CERC Positive List activities.

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Table 57: CERC Positive List Activities: Generic Impacts And Mitigation Measures

CERC-Related Activities Potential Impact Mitigation Measures (Indicative List) Damage to surrounding land and vegetation through excessive - Limit the areas of clearance to the minimum workable area. clearance operations - this may include large trees, abandoned - 100m buffer zone established around water courses. vehicles, etc. - Adopt measures to avoid or minimize collateral damage.

Stock piling of waste/ rubbish along road shoulders or areas that can cause more impacts to the environment and people. Possible pollution of waterways or ground water by bituminous - Inform and/or remind communities well in advance of the products or solvents. project, potential impacts, mitigation measures and time frame Spillage of hydrocarbons to sensitive environments. with a leaflet on the project provided. - Strict control to avoid spills and contact or have adequate clean up procedures. Materials stock piling: - Works to be supervised by qualified engineer to avoid or Repair, restoration, or o Possible pollution of waterways by solids minimize any adverse impacts. reconstruction of roads, o Hazard materials to be used for construction - Choose appropriate location for materials stockpiling well away bridges, airports, ports, from any waterways, irrigation or washing/drinking water and other transport supplies. infrastructure damaged - Avoid encroachment on carriageway. by the event - Preserve trees during material stockpiling. - Cover stockpiles containing fine material (e.g. sand and topsoil) when not actively being used. Dust noise and vibration. - Specification to include dust-minimization watering. - Control of contractor’s equipment noise and vibrations, especially close to settlements. - Construction activities close to residential areas will be avoided at night. - Stockpiles containing fine material (e.g. sand and topsoil) to be covered when not actively being used. - Keep work areas clean. Use water sprinkling to keep dust to a minimum near sensitive receptors (e.g. hospitals or schools). If 327

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water sprinkling is required, can use collected runoff water if free of hydrocarbon pollutants. - Only small areas should be cleared of vegetation at any one time and revegetation should occur as soon as practicable. - Dust masks and personnel protective equipment must be available for workers during dust generating activities (e.g. pavement milling). In the vicinity of sensitive receptors particular care should be taken to ensure dust generating activities are kept to a minimum (may include different construction methodology or restricted operations). Effect on traffic and pedestrian safety. - Contractor to employ safe traffic control measures and limit possible disruption to non-construction traffic. Traffic (vehicle & pedestrian) & construction safety - Implement the traffic management plan to ensure smooth traffic flow and safety for workers, passing vehicles and pedestrian traffic. - Where appropriate, employ flag operators on the road/seaports and airports to prevent traffic accidents. - The workers shall have relevant safety equipment. - Special care must be taken when construction works reach the schools and hospital. Coordination with school and hospital representatives must occur for safe passage of students and parents, and hospital visitors/ patients through a construction area. Mitigation may include restricted work hours, reduced speeds and detours. Hazardous substances & safety and pollution - Store and handle hazardous substances in bunded, hard stand or designated areas only. Bunded areas should be constructed to drain to an oil water separator which will need to be constructed. - Provide hazard specific personnel protective equipment to workers directly involved in handling hazardous substances (e.g. chemical or heat resistant clothing, gloves). - Spill kits and training of use to be provided to all workers during toolbox meetings. Spill kits to contain PPE gear for the spill clean-up (e.g. gloves and overalls), material to contain the spill

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and absorbent pads, and a heavy-duty rubbish bag to collect absorbent pads or material. - Used oil to be collected for disposal or cleaning at approved facility at completion of works. - Non-hazardous wastes shall be transported and disposed of at permitted dump site. Hazardous or special wastes should be disposed of in controlled areas within certified disposal sites. - Use items completely before disposing of the containers. - Carefully select less hazardous materials and use the necessary amount only. - Establish a designated hazardous waste collection site and make it secure. Communities may be exposed to structural safety risks in the - Assess risk of erosion during design development and site event of structural failure of masts or towers, especially in selection (i.e., soil characteristics, topography, climate, etc.) vulnerable areas such as those prone to earthquakes, flooding, - Do not site towers in areas with high risk of natural disasters or landslides. (landslides, earthquakes, flooding, or slopes >30º) - If location in residential area is necessary, respect the required distance between mast and closest residential building; and design and install tower structures and components according to good international industry practice. Telecommunications processes do not normally require the use Re-establishment of - Implementing fuel delivery procedures and spill prevention and of significant amounts of hazardous materials. However, the telecommunications control plans applicable to the delivery and storage of fuel for operation of certain types of switching and transmitting infrastructure damaged backup electric power systems, preferably providing secondary equipment may require the use of backup power systems by the event containment and overfill prevention for fuel storage tanks, consisting of a combination of batteries (typically lead-acid - Implementing procedures for the management and disposal of batteries) and diesel-fueled electricity backup generators. lead acid batteries, including temporary storage, transport, and Operations and maintenance activities may also result in the final disposal. Lead-acid batteries should be managed as a generation of electronic wastes such as nickel cadmium hazardous waste as described in the World Bank Group’s batteries and printed circuit boards from computer and other General EHS Guidelines. electronic equipment as well as backup power batteries - Purchasing electronic equipment that meets international phase-out requirements for hazardous materials content and implementing procedures for the management of waste from existing equipment according to the hazardous waste guidance in the World Bank Group’s General EHS Guidelines.

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Possible pollution of waterways by solids. - The cleared debris to be properly disposed at the approved landfill or dumpsite. - Detailed Environmental Management Plan to be developed - Works to be supervised by qualified engineer to avoid or minimize any adverse impacts. - Work closely with the relevant key stakeholders Re-establishment of the Hazardous substances & safety and pollution. urban and rural solid - Provide hazard specific personnel protective equipment to Health risks associated with handling hazardous wastes or waste system, water workers directly involved in handling hazardous substances (e.g. asbestos if appropriate equipment unavailable. supply and sanitation chemical or heat resistant clothing, gloves). (including urban - Spill kits and training of use to be provided to all workers during drainage) infrastructure toolbox meetings. Spill kits to contain PPE gear for the spill damaged by the event clean-up (e.g. gloves and overalls), material to contain the spill and absorbent pads, and a heavy-duty rubbish bag to collect absorbent pads or material. - Establish a designated hazardous waste collection site and make it secure. Soil and water pollution (trash dumping). - Choose location of work site installations in order to reduce impacts on the environment of these sites and the people living in the immediate vicinity. Repair, restoration, Traffic (vehicle & pedestrian) & construction safety. - The workers shall have relevant safety equipment. rehabilitation of schools, - Special care must be taken when construction works reach the clinics, hospitals or schools and hospital. Coordination with school and hospital works of cultural representatives must occur for safe passage of students and significance or parents, and hospital visitors/ patients through a construction communal structures area. May include restricted work hours, reduced speeds and damaged by the event detours. Clearance of debris from roadways, such as vegetation, large - The cleared debris to be properly disposed at the approved trees or tree members, construction debris (from work sites or landfill or dumpsite. Removal and disposal of from structures demolished during the event), abandoned - Non-hazardous wastes shall be transported and disposed of at debris associated with vehicles, etc. permitted dump site. Hazardous or special wastes should be any eligible activity. disposed of in controlled areas within certified disposal sites. Soil and water pollution (trash dumping). - Choose location of work site installations in order to reduce impacts on the environment of these sites and the people living in the immediate vicinity.

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