Environmental and Social Management Framework Nepal

Public Disclosure Authorized Environmental and Social Management Framework

Public Disclosure Authorized

Nepal Urban Governance and Infrastructure Project

Public Disclosure Authorized

August 2020

TABLE OF CONTENTS

ACRONYMS ...... iv EXECUTIVE SUMMARY ...... vi 1. INTRODUCTION ...... 1 1.1. Project background ...... 1 1.2. Rationale and Objective of ESMF ...... 2 2. ENVIRONMENTAL AND SOCIALREGULATIONS AND POLICY FRAMEWORK ...... 3 2.1. National and International Laws/Conventions ...... 3 2.2. International Conventions ...... 4 2.3. World Bank Safeguard Policies ...... 4 2.4. Comparison of GoN and World Bank Policies ...... 5 3. KEY ENVIRONMENTAL AND SOCIAL CONDITIONS IN THE CLUSTER MUNICIPALITIES ...... 9 4. ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) ...... 11 4.1. Environment and Social Risk Management Procedure ...... 11 4.1.1. Environmental and Social Screening ...... 11 4.1.2. Scoping ...... 12 4.1.3. Project categorization ...... 13 4.1.4. Establishment of Baseline Condition ...... 13 4.1.5. Analysis of Alternative ...... 15 4.1.6. Impact Assessment ...... 15 4.1.7. Mitigation Measures for Identified Impacts and Guide to ESMP ...... 19 4.1.8. Stakeholder Consultation ...... 20 4.1.9. Preparation of ESIA/ESMP Report ...... 20 4.1.10. Environmental Mitigation and Enhancement Management Plan ...... 21 4.1.11. Approval and Implementation of Site-specific ESMP ...... 24 4.1.12. Environmental and Social Monitoring of Management Plans ...... 24 4.1.13. Applicability of ESMF on Associated Projects ...... 24 4.1.14. List of Ineligible Sub-Projects ...... 24 4.1.15. LIPW subprojects ...... 24 4.1.16. Legal Contract for E&S Compliance ...... 25 4.1.17. Subproject Monitoring ...... 25 4.2. Specific labor and OH&S-related considerations in the context of COVID-19 ...... 25 4.3. Considerations where CERC is activated ...... 27 5. RESETTLEMENT POLICY FRAMEWORK (RPF) ...... 28 5.1. Principles of RPF ...... 28 5.2. Land & Asset Acquisition ...... 28 5.2.1. Involuntary Land Acquisition ...... 29 5.2.2. Acquisition of Land through Negotiations ...... 30 5.2.3. Voluntary Land Donation ...... 31 5.2.4. Loss of other Assets ...... 32

5.3. Preparation of RAP ...... 33 5.4. Entitlement Policy Matrix ...... 33 5.5. Monitoring and Reporting of RAP ...... 40 5.6. Stakeholder Consultation and Grievance Redress ...... 40 6. VULNERABLE COMMUNITY DEVELOPMENT FRAMEWORK (VCDF) ...... 41 6.1. Classification of Vulnerable Groups in Nepal ...... 41 6.2. Baseline of Vulnerable Groups in Nepal ...... 42 6.3. Preparation of VCDP for the sub-projects ...... 43 6.4. Potential Impacts and Identification of Mitigation measures ...... 44 6.5. Consultation and Information Disclosure ...... 46 6.6. Institutional Responsibilities ...... 47 6.7. Stakeholder Consultation and Grievance Redress ...... 47 7. SEA/SH RISK MITIGATION ACTION PLAN ...... 48 7.1. Need and Purpose ...... 48 7.2. Legal and policy environment for women’s safety ...... 48 7.3. Recommended Actions to Adddress SEA/SH Risks ...... 49 8. STAKEHOLDER ENGAGEMENT AND CONSULTATION FRAMEWORK ...... 52 8.1. Existing Stakeholder Engagement Process ...... 52 8.2. Stakeholder Mapping...... 53 8.3. Mechanism for Consultation ...... 54 8.3.1. Subproject Identification Stage ...... 54 8.3.2. Planning/Design Stage ...... 55 8.3.3. Implementation Stage ...... 56 8.3.4. Post-construction Stage ...... 56 8.4. Information Disclosure...... 56 8.5. Adapting stakeholder consultions to COVID-19 ...... 56 9. GRIEVANCE REDRESS MECHANISM ...... 59 9.1. Existing Grievance Redress Process ...... 59 9.2. Establishing Grievance Redress Mechanism...... 59 9.3. Channels and procedures for receiving and addressing grievances...... 59 9.4. Functions of GRCs ...... 60 9.5. Other Mechanism for Grievance Redress ...... 61 9.6. GRM considerations for the COVID-19 context ...... 61 10. INSTITUTIONAL ARRANGEMENT FOR ESMP IMPLEMENTATION ...... 62 10.1. Institutional Assessment for E&S Sections/Departments ...... 62 10.1.1. Existing Institutional Capacity ...... 62 10.1.2. Capacity Development ...... 62 10.2. Proposed Institutional Arrangement ...... 63 ESMP Implementation Structure and Stakeholers Responsibility ...... 120

List of Appendix Appendix A: Land use map of 17 Municipalities ...... 65 Appendix B: Consultation with municipalities ...... 73 Appendix C: Templates for Environmental & Social Screening Checklist / ...... 111 Appendix D: Initial scoping for subprojects...... 113 Appendix E: Environmental & Social Mitigation Measures ...... 118 Appendix F: Contents of the Resettlement Action Plan ...... 130 Appendix G: Assessment of Institutional Capacity ...... 131 Appendix H: Summary Environmental and Social Conditions in the Cluster Municipalities ...... 142 Appendix I: Summary Information on the Type of Baseline Indicators ...... 150 Appendix J: List of Ineligible Sub-Projects ...... 159 Appendix K: COVID-19 considerations in construction/civil works projects ...... 0

List of Figures

Figure 4-1:Flowchart for conducting ESIA ...... 11 Figure 6-1: Composition of Madhesi Caste Groups ...... 43 Figure 8-1: Project identification Process through Stakeholder Engagement ...... 53 Figure 9-1: Grievance Redress Process ...... 60 Figure 10-1: Coordination of Proposed Project Implementation Mechanism ...... 64

List of Tables Table 2-1List of National Policies, Rules, Laws, Regulations, Relevant to the Project ...... 3 Table 2-2 Listof International Conventions, Relevant to the Project ...... 4 Table3-1: Key Environmental and Social Issues in the Eastern and Western Cluster Municipalities ...... 9 Table 4-1: Description of Social Baseline Information required for the Project ...... 13 Table 4-2: Anticipated Environmental and Social Impacts due to Development of Sub-projects ...... 16 Table 4-3: Anticipated Social issues pertaining to the project ...... 18 Table 4-4.Template Environnemental Mitigation & Enchancement Management Plan ...... 21 Table 5-1: Entitlement Matrix applicable for the Project ...... 36 Table 6-1: Classification of Indigenous People on development ...... 42 Table 6-2: Population of Indigenous People in project specific districts ...... 42 Table 6-3: Potential Impacts and Mitigation measures ...... 44 Table 7-1.Recommended actions to address SEA/SH Risks ...... 49 Table 8-1: Stakeholder Mapping and Consultation ...... 53 Table 10-1. Capacity Development Training Requirement ...... 63

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ACRONYMS ADB Asian Development Bank ARAP Abbreviated Resettlement Action Plan CERC Contingency Emergency Response Component CDO Chief District Officer DCC District Coordination Committee DFO District Forest Officer DHM Department of Hydrology and Meteorology DoE Department of Environment DoR Department of Roads DSC Design and Supervision Consultant DUDBC Department of Urban Development & Building Construction EA Environmental Assessment EIA Environmental Impact Assessment EMP Environmental Management Plan EPR Environmental Protection Rules ESMF Environment & Social Management Framework ESMP Environment and Social Management Plan FGD Focus Group Discussion FUG Forest User Groups GDP Gross Domestic Product GESI Gender equality and social inclusion GIS Geographic Information System GoN Government of Nepal GRM Grievance Redress Mechanism IDA International Development Association IEE Initial Environmental Examination IP Indigenous Peoples IUCN International Union for Conservation of Nature JICA Japan International Cooperation Agency LACP Land Acquisition and Compensation Plan LIPW Labor-Intensive Public Works LRUC Local Road Users Committee MoFE Ministry of Forests and Environment MoUD Ministry of Urban Development NEFIN Nepal Federation of Indigenous Nationalities NGO Non-Governmental Organizations NUGIP Nepal Urban Governance and Infrastructure Project NTFP Non-timber forest products OH&S Occupational Health and Safety OP Operational Policy PAF Project Affected Family PAH Project Affected Household PAP Project Affected People PCO Project Coordination Office PIA Project Influence Area PIU Project Implementation Unit PIM Project Implementation Manual

PPE Personal Protective Equipment RAP Resettlement Action Plan RoW Right of Way RPF Resettlement Policy Framework SA Social Assessment SEA/SH Sexual Exploitation and Abuse/Sexual Harassment SECF Stakeholder Engagement & Consultation Framework SHG Self Help Group SIA Social Impact Assessment SMO Social Mobilization Officer SMP Social Management Plan TOR Terms of Reference UDGs Urban Development Grants UDST Urban Development Support Teams

USD United States Dollar VCDP Vulnerable Community Development Plan VCDF Vulnerable Community Development Framework VDC Village Development Committee VGs Vulnerable Groups WB World Bank

EXECUTIVE SUMMARY

Nepal has recently transitioned from a unitary to federal government system, comprised of three tiers of government with seven provinces and 753 local governments for which new legislation, institutions, and administrative procedures are being formalized as constitutionally prescribed. To enable the federal implementation process and to support municipalities in the efficient provision of assigned service delivery responsibilities in the context of rapid urbanization, the proposed Nepal Urban Governance and Infrastructure Project (NUGIP) to be implemented by the Ministry of Urban Development (MoUD) with support from the World Bank aims to address two main challenges under the new federal context: (i) limited institutional systems and capacities of municipalities; and (ii) critical gaps in core municipal services and infrastructure.

The development objective of NUGIP is to strengthen the institutional and fiscal capacities of participating municipalities for strategic municipal infrastructure and service delivery. The proposed project comprises five components:

Component 1: Urban Development Grants (UDGs)for strategic municipal infrastructure and service delivery(International Development Association (IDA) allocation of US$ 115 million). This component will provide UDG to participating municipalities for financing strategic municipal infrastructure sub-projects focusing on, amongst others, rehabilitation and improvements in municipal roads, drainage, drinking water supply and onsite sanitation, as well as associated design and implementation support. Component 2 Institutional strengthening of participating municipalities(IDA financing: US$7 million). This component will focus on strengthening institutional systems and capacities of participating municipalities for improved urban management and service delivery. Component 3: Support to municipalities for COVID-19 Recovery (Total financing: US$20 million). This component provides support and relief to vulnerable groups in the target municipalities to help mitigate the short and medium negative impact of the COVID 19 crisis through rapid labor-intensive public works (LIPW). Component 4: Contingency Emergency Response (Total financing: US$0 million). The proposed project includes a Contingent Emergency Response (CER) component to respond rapidly at the Government’s request in the event of an eligible disaster, including climate-related events and pandemics. Component 5: Project management and coordination (IDA financing: US$8 million). This component will provide support to the MoUD for managing, coordinating and monitoring the implementation of the proposed Project, and also for enhancing its federal policy and regulatory role for urban development.

NUGIP will support municipalities located in two strategic urban clusters: Eastern-Terai region (Provinces 1 and 2) and Western region (Provinces 4 and 5). The eastern region includes 9 municipalities of Itahari-Mechinagarcorridor and the central region includes 8 municipalities of Pokhara economic corridors.17 municipalities were selected as recipients of resources for municipal infrastructure and service delivery investments. Four additional municipalities in the Central-Hill cluster were included for the capacity building program under Component 2. 12municipalitiesparticularly identified for this activity by the Government will supported for COVID-19 response and recovery activities under Component 3.

The present Environmental and Social Management Framework (ESMF) has beenprepared to assist in the screening, identification, and assessment of environmental and social risks applicable to the environmental and social requirements of the Government of Nepal (GoN) and the World Bank during the sub-project design, implementation and operation phases. It includes a Resettlement Policy Framework (RPF), a Vulnerable Community Development Framework (VCDF), Sexual Abuse and Exploitation/Sexual Harassment (SEA/SH) Risk Mitigation Action Plan, and a Stakeholder Engagement and Consultation Framework (SECF).The framework provides guidanceon the procedures to be followed for mitigation of impacts, along with roles and responsibilities of the implementing agencies. The ESMF presents detailed guidelines and formats for carrying out these activities.

UnderNUGIP, the municipalities are responsible for identification of sub-projects, with the engagement of citizens, preparation of sub-project description, “screening” and “analysis of alternatives”. Based on these and other relevant documents, the Project Coordination Office (PCO) along with the municipality will assess the need for further environmental and social assessment (e.g., IEE/ ESIA). The schedules as per the Environment Protection Rules will

be the guiding document for categorizing the project and assessing the requirements for IEE/ EIA. The ESMF, which integrates Nepal’s laws and regulations on social and environmental safeguards, and the Bank’s policies as well, shall be used to determine location specific issues for screening as well as defining scope for the sub-project.

The major activities to be carried out for IEE and ESIA include: (i) Identification and selection of proposed sub- projects and the sites based on results of screening and scoping; (ii) Establishment of baseline environmental & social conditions; (iii) Assessment, prediction and evaluation of environment and social impacts; (iv) Analysis of alternatives; (v) Identification of mitigation measures and preparation of ESMP;(vi) Public consultations and information dissemination;(vii) Monitoring and preparation of Environmental and Social Monitoring reports; and (viii) Institutional arrangements and capacity building

The resettlement activities envisaged under the project aims to assist, resettle and rehabilitate the affected persons on account of the variousproject interventions in a manner that would improve or at the minimum, retain their previous standard of living, earning capacity and production levels. Specifically, the Resettlement Policy Framework (RPF) has been developed to guide detailed resettlement planning to address land acquisition and resettlement impacts. This framework establishes the procedures for land acquisition and resettlement, the compensation principles, organizational arrangements to be applied to meet the needs of the people who may be affected by the project activities in terms of loss of land, shelter, assets or livelihoods, and/or loss of access to economic resources. The RPF has been prepared in accordance with the national regulations as well as the operational policies of the World Bank, especially OP/BP 4.12: Involuntary Resettlement.

The objective of the Vulnerable Community Development Framework (VCDF) is to guide the preparation of the Vulnerable Community Development Plan (VCDP) for the sub-projects where there are vulnerable communities, particularly indigenous people, present in and have collective attachment to the project area. The impact on vulnerable communities and the need of a VCDP will be identified through a social screening process. If a VCDP is deemed to be necessary, the plan will be prepared based on the findings of the Social Assessment and will also involvefree, prior and informed consultation. Additionally, a Sexual Exploitation and Abuse/Sexual Harassment (SEA/SH) Risk Mitigation Action Plan which provides guidance for addressing SEA/SH risks in sub-projects is also provided in the ESMF.

A good communication strategy among the institution and community needs to be established to ensure that the project is implemented in a sustainable manner. There are two key objectives of Stakeholder Engagement and Consultation Framework (SECF). First, it is to keep all stakeholders informed of the project activities, the potential beneficial and adverse impacts. Second, it is to ensure that stakeholders actively participate in all levels of the project cycle, i.e., they are able to share and provide inputs in the preparation and implementation of project activities, including safeguards management; engaged in implementation and monitoring activities, where relevant; and are well-trained and equipped to take over the responsibilities of operation and management once the project phases out. Consultations on social and environmental issues carried out during implementation of subprojects will be done in an inclusive manner and with active participation from women representatives, communities and vulnerable social groups. To help support the capacity building of local governments, existing local mechanisms will be used for engaging with stakeholders. The SECF also outlines the disclosure requirements for the project. The ESMF waspublicly disclosed on the websites of the GoN and the World Bank on October 18 and 17, 2019 respectively. Likewise, all the other instruments prepared under the project will be similarly disclosed.

The ESMF also outlines the Grievance Redress Mechanism (GRM) set up for the project. The GRM will be a three- tiered but an integrated mechanism for addressing complaints and feedback. The structure as well as procedures for the GRM will draw on the existing mechanisms and processes established at the local level to help strengthen the capacity of these local systems.

MoUD has set up a project coordination office (PCO) under the Department of Urban Development and Building Construction (DUDBC) for NUGIP in Kathmandu, and a Project Implementation Unit (PIU) will be established in each municipality for project implementation in the field. To ensure that the investment sub-projects are efficiently implemented,and completed in accordance with environmental and social safeguards requirements, technical assistance will be delivered through a Design and Supervision Consultancy (DSC). The role of the PIU/DSC includes implementation of the ESMPs, RAPs and VCDPs.

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This ESMF has been revised to additional environmental and social risks and impacts arising as a result of the COVID-19 pandemic, and as well as to addres potential risks and impacts arising under theadded component for LIPW, added to provide support and relief to vulnerable groups in target municipalities to help mitigate the short and medium term impacts of COVID-19. Guidance has been provided to address occupational health and safety risks and impacts to workers,and considerations for adapting citizen engagement and stakeholder engagement requirements to the COVID-19 context have also been included. This ESMF does not address risks and impacts in relation to the CER component (CERC), given that the type of likely emergency and indicative list of activities that will be required under CERC cannot yet be determined. Environmental and social screening of activities under Component 4 (CERC) will follow the procedures outlined in the ESMF and in the CER Implementation Manual. In case new activities are identified for the CERC when triggered that go beyond the scope of the ESMF, then the ESMF will be updated as needed and redisclosed.

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1. INTRODUCTION 1.1. Project background The Project Development Objective of the Nepal Urban Governance and Infrastructure Project (NUGIP) isto strengthen the institutional and fiscal capacities of participating municipalities for strategic municipal infrastructure and service delivery.

The proposed NUGIP is comprisedof the following five components:

Component 1: Urban Development Grants (UDGs) for strategic municipal infrastructure and service delivery (International Development Association (IDA) allocation of US$ 115 million). This component will provide UDG to participating municipalities for financing strategic municipal infrastructure sub-projects focusing on, amongst others, rehabilitation and improvements in municipal roads, drainage, drinking water supply and onsite sanitation, as well as associated design and implementation support. The component will support the operationalization of Nepal’s first urban sector conditional grant (UDG) system, that focuses exclusively on strategic municipal infrastructure and service delivery improvement at the local level. The UDG allocations have been determined based on an objective and transparent allocation formula1, and will allow municipalities to develop their multi-year municipal investment program in year 1. Municipalities will identify, design and implement identified subprojects in line with the guidelines and procedures outlined in the Project Implementation Manual (PIM). The component, through the design and implementation support will help the participating municipalities in developing robust contract structuring and implementation modalities to attract private sector participation for construction as well as operations and maintenance of the municipal infrastructure, to the extent feasible.

Component 2 Institutional strengthening of participating municipalities(IDA financing: US$7 million). This component will focus on strengthening institutional systems and capacities of participating municipalities for improved urban management and service delivery of, amongst others: (a) integrated urban development planning; (b) OSR mobilization; (c) municipal FM, procurement, and contract management; (d) citizen engagement and gender inclusion; (e) urban infrastructure asset management system and (f) institutional performance monitoring and reporting system for municipalities. In addition to these six core urban management areas, the technical assistance will also include dedicated support to the municipalities in the context of the COVID 19 pandemic, including in: (i) Support to Business Continuity Plans to allow municipalities to maintain and operate key municipal functions during the short and medium term as their staff and finances are affected by the crisis, (ii) Mapping of particular vulnerable/high risk/highly impacted zones within the cities, (including informal settlements) and provide targeted interventions, (iii) Communication and awareness raising campaigns on actions to limit the risks for exposure and spread of virus, including handwashing, and (iv) Support to design targeted interventions to help reduce the risk of spread of the virus. The specific TA can be tailored to meet the needs of the municipality.

Component 3: Support to municipalities for COVID-19 Recovery (Total financing: US$20 million). This component provides support and relief to vulnerable groups in the target municipalities to help mitigate the short and medium negative impact of the COVID 19 crisis through rapid labor-intensive public works (LIPW). Thiscomponent will finance (i) payment of wages for unskilled labor to undertake temporary employment in participating municipalities, (ii) expenses for tools and materials for the implementation of such projects, and (iii) expenses related to management of the LIPW (consultations, administration, and supervision).Target beneficiaries for the LIPW will be individuals from poor and vulnerable households. Participants will be provided with appropriate training on construction methods, where required, and specific occupational health and safety measures, including the use of protective personal equipment. The selection process for beneficiaries will specifically cater to supporting vulnerable groups including the elderly, physically challenged, minorities and disadvantaged groups. The LIPW subprojects will require a minimum percentage representation of female workers; The criteria and other guidance for targeting beneficiaries will be detailed in the PIM.

1 The agreed sectoral allocation formula is: 50 percent weightage for population; 30 percent weightage for equal share; 10 percent weightage for area of the municipality; and 10 percent weightage for infrastructure gap.

Component 4: Contingency Emergency Response (Total financing: US$0 million). The proposed project includes a Contingent Emergency Response (CER) component to respond rapidly at the Government’s request in the event of an eligible disaster, including climate-related events and pandemics. This Component will finance the implementation of emergency infrastructure reconstruction, rehabilitation and associated studies (Emergency Response Activities). Resources will be allocated to this component as needed by the project during implementation. Disbursements will be made against a preestablished list of critical goods or the procurement of goods, works, and consultant services required to support the immediate response and recovery needs of the GoN. A separate Implementation Manual for this component will be prepared by the GoN and will provide detailed guidelines and instructions on how to trigger the CER component and use funds.

Component 5: Project management and coordination (IDA financing: US$8 million). This component will provide support to the MoUD for managing, coordinating and monitoring the implementation of the proposed Project, and also for enhancing its federal policy and regulatory role for urban development.

In order to ensure the long-term sustainability of the projects supportedunder NUGIP, the Environmental and Social Management Framework (ESMF) has been prepared. It is the guiding document to integrate the environmental and social safeguards at subproject level through appropriate measures during the planning, design, construction and operation phases of various activities of NUGIP. The framework will help identify the adverse environment and social impacts and provide specific guidance on the policies and procedures to be followed for Environmental and Social Impact Assessment (ESIA) and preparation of site-specific safeguards management plan (e.g., ESMP, RAPs, etc), inclusive of the roles and responsibilities of the implementing agencies.

At the time of revising the ESMF, detailed design of the LIPW had not be determined. Once detailed design has been confirmed, this ESMF will be updated in order to provide guidance to municipalities in addressing subproject environmental and social risks and impacts.

1.2. Rationale and Objective of ESMF The Environmental and Social Management Framework (ESMF) is prepared to assist in screening, assessment, management of environmental and social risks of the project at an early stage in project planning and integrate mitigation measures during the subproject design, implementation and operation. The framework will help provide specific guidance on the policies and procedures to be followed for environmental and social assessment along with roles and responsibilities of the implementing agencies. A systematic methodology has been provided in ESMF that can be followed along with engineering and institutional interventions required for the sub-project activities to effective integration of the environmental and social safeguards.

The objective of ESMF is to frame guidelines and procedures to address environmental and social impacts associated with the implementation of this project. The specific objectives are as follows: • Ensure that the environment and social management plans are aligned with the requirements of the country system as well as with the World Bank safeguard requirements • Outline the process identify and assess the environmental and social risks/ impacts/ issues relevant to the proposed project • To establish clear procedures and methodologies for the environmental and social screening, review, approval and implementation of sub-projects to be financed under the Project • To ensure that mitigation measures are designed to effectively mitigate the potential adverse social and environmental impacts • To specify appropriate roles and responsibilities at the national and municipal levels, taking into consideration the law on federalization, and outline the necessary procedures for managing and monitoring environmental and social concerns related to sub-projects, and report on the same • Strengthen the institutional capacity of the ULGs on safeguards management and compliance.

2. ENVIRONMENTAL AND SOCIALREGULATIONS AND POLICY FRAMEWORK 2.1. National and International Laws/Conventions Table 2-1 and 2-2 list thenational lawsand international conventions pertinent to the project components and sectors covered under NUGIP which are required during the process of carrying out ESIA and preparation of ESMP, RAP, VCDP, and other relevant instruments under the project.

Table 2-1List of National Policies, Rules, Laws, Regulations, Relevant to the Project 1. Constitution of Nepal 2. Ancient Monument Protection Act 1956 3. Aquatic Animal Protection Act 1961 4. Environment Protection Act 1997 (2053 BS) 5. Explosive Act 1961 as Amended 6. Forest Act 1993 7. Labor Act 2017 8. Land Acquisition Act, 1977 (and amendments 2010) and Land Acquisition Regulations, 1969 9. Land Reform Act 1964 10. Local Government Operation Act 2017 11. Motor vehicle and Transport Management Act, 2049 12. National Foundation for the Development of Indigenous Nationalities Act 2002, 13. National Park and Wildlife Conservation Act, 1972 and amendments 1992 14. Plant Protection Act 2007 15. Public Road Act, 1974 and amendment 2010 16. Road Board Act 2059 17. Soil and Watershed Conservation Act, 1982 and Subsequent Amendment 18. Solid Waste Management Act 2011 and Solid Waste management Rules 2013 19. Water Resources Act 1992 20. Wildlife Conservation and Trade Act 2004 21. Drinking Water Service Charge (Recovery) Rules 1994 22. Buffer Zone Management Rules, 2052 (1996)2 23. Environment Protection Rule 1997 (2054 BS) as amended 24. Forest Rules 1995 25. Water Resources Regulations 1993 26. Wildlife Reserve Rules 1977 27. 20 Year Road Plan, 2059 –2079BS (2002-2022AD) 28. 2002, National Dalit Commission 2002 29. Forest Policy 2015 30. Hydropower Development Policy 2001 31. Land Acquisition, Resettlement and Rehabilitation0 Policy for Infrastructure Development Project 2014 32. National Biodiversity Strategy and Action Plan (NBSAP) 2014-2020 33. National Environmental Standards Information Booklet 2018 34. National Human Rights Action Plan 2005, National Women Commission 35. National Ramsar Strategy and Action Plan 2018-2024 36. Public Works Directive 2002 37. Work Procedure to Provide Forest Area for other Purposes, 2006 38. EIA guidelines for human settlement and Urban Development Sector 1996 39. EIA guidelines for Road Sector 1994 40. EIA guidelines for Sanitary Landfill Site 1996 41. EIA guidelines for Water Supply sector 1995 42. National EIA guidelines 1993 43. Operational Guideline for mainstreaming GESI in MoUD 44. Solid Waste Management Technical Guideline for Municipalities of Nepal

2These rules will be evaluated case by case for Sub Projects. In exercise of the powers conferred by the Section-33 of the National Parks and Wildlife Conservation Act, 1973, Government of Nepal has framed the Rules. This Regulation aims at a proper management of the buffer zone. To this end it provides: (a) for the division of the area into units, on the basis of its status, extent and users' settlement; and (b) for the preparation of a buffer zone management work plan for community development, environmental conservation and rational utilization of forest resources. The plan shall be submitted to the Department of National Parks and Wildlife Conservation and shall include all the provisions listed in Part. Rule 17 - Gha of this regulation restricts introduction of harmful chemicals, poison or explosive in to river or water sources located inside buffer zones. However, use of these materials for development of physical infrastructures with permission is not prohibited.

2.2. International Conventions Table 2-2Listof International Conventions, Relevant to the Project

1. Convention on Biological Diversity, 1992) 2. Ramsar Convention 1971 (Convention on wetland of international importance) 3. Convention on the International Trade in Endangered Wild Fauna and Flora (CITES), 1975 4. United Nations Framework Convention on Climate Change, 1992 5. International Tropical Timber Agreement, 2006

2.3. World Bank Safeguard Policies Table 2-3.World Bank Safeguard Policies relevant to Project

World Bank’s Objective & Brief Description OP/ BP Environmental An Environmental Assessment is conducted to ensure that Bank-financed projects are Assessment (EA) environmentally sound and sustainable, and that decision-making is improved through appropriate OP/BP 4.01 analysis of actions and of their likely environmental impacts. Any World Bank project that is likely to have potential adverse environmental risks and impacts in its area of influence requires an EA indicating the potential risks, mitigation measures and environmental management framework or plan. Natural Habitats The policy is triggered by any project (including any subproject under a sector investment or OP/BP 4.04 financial intermediary loan) with the potential to cause significant conversion (loss) or degradation of natural habitats, whether directly (through construction) or indirectly (through human activities induced by the project). The policy has separate requirements for critical (either legally or proposed to be protected or high ecological value) and non-critical natural habitats. The Bank’s interpretation of “significant conversion or degradation” is on a case-by-case basis for each project, based on the information obtained through the EA. Forestry OP/BP This policy is triggered by forest sector activities and other Bank sponsored interventions, which 4.36 have the potential to impact significantly upon forested areas. The Bank does not finance commercial logging operations but aims to reduce deforestation, enhance the environmental contribution of forested areas, promote afforestation, reduce poverty and encourage economic development Physical Cultural The Bank seeks to assist countries to manage their physical cultural resources and to avoid or Resources mitigate adverse impact of development projects on these resources. OP/BP 4.11 Involuntary Key objectives of the policy is to avoid or minimize involuntary resettlement where feasible, Resettlement exploring all viable alternative project designs; assist displaced persons in improving their former OP/BP 4.12 living standards, income earning capacity, and production level, or at least in restoring them; encourage community participation in planning and implementing resettlement; and provide assistance to affected people regardless of the legality of land tenure. The policy covers not only physical relocation, but any loss of land or other assets resulting in relocation or loss of shelter; loss of assets or access to assets; loss of income sources or means of livelihood whether or not the affected people must move to another location. When the policy is triggered, a Resettlement Action Plan must be prepared. An abbreviated plan may be developed when less than 200 people are affected by the project. In situations, where the precise impacts cannot be assessed during project preparation, provision is made for preparing a Resettlement Policy Framework. The Resettlement Action Plan / Resettlement Policy Framework must ensure that all the Bank’s policy provisions detailed in OP 4.12 are addressed particularly the payment of compensation for affected assets at their replacement cost Indigenous Key objectives of the Indigenous Peoples policy are to: Peoples OP/BP 1. ensure that indigenous people affected by World Bank funded projects have a voice in project 4.10 design and implementation; 2. ensure that adverse impacts on indigenous peoples are avoided, minimized or mitigated; and 3. ensure that benefits intended for indigenous peoples are culturally appropriate.

World Bank’s Objective & Brief Description OP/ BP The policy is triggered when there are distinct, vulnerable, social and cultural groups in the project area possessing the following characteristics in varying degrees:(a) self-identification as members of a distinct indigenous cultural group and recognition of this identity byothers;(b) collective attachment to geographically distinct habitats or ancestral territories in the project area and tothe natural resources in these habitats and territories; (c) customary cultural, economic, social, or political institutions that are separate from those of the dominantsociety and culture; and(d) an indigenous language, often different from the official language of the country or region.When this policy is triggered, an Indigenous Peoples Development Plan is to be prepared to mitigate the potential adverse impacts or maximize the positive benefits of the Gender and The prime objective of the Gender and Development policy is to assist member countries to reduce Development OP poverty and enhance economic growth, human well-being, and development effectiveness by 4.20 addressing the gender disparities and inequalities that are barriers to development, and by assisting member countries in formulating and implementing their gender and development goals. In sectors and thematic areas where the Country AssistanceStrategy has identified the need for gender- responsive interventions, the Bank's assistance to the country incorporates measures designed to address this need. Projects in these sectors and thematic areas are designed to adequately take into account the gender implications of the project. Preparation of a Gender Action Plan and its implementation should be ensured by each project undertaken with Bank support. Safety of Dams The policy triggered when Bank finances new dam project or existing dam on which project is OP/BP 4.37 directly dependent. In cases where the bank financed project depends on the existing dam or a DUC then the Bank requires that the borrower arrange for one or more independent dam specialists to (a) inspect and evaluate the safety status of the existing dam or DUC, its appurtenances, and its performance history; (b) review and evaluate the owner's operation and maintenance procedures; and (c) provide a written report of findings and recommendations for any remedial work or safety- related measures necessary to upgrade the existing dam or DUC to an acceptable standard of safety. Necessary additional dam safety measures or remedial work may be financed under the proposed project. International The policy requires project state to notify other riparian of the proposed project and the intended Waterways impact on water rights. OP/BP 7.50 This policy applies to the following types of international waterways: (a) any river, canal, lake, or similar body of water that forms a boundary between, or any river or body of surface water that flows through, two or more states, (b) any tributary or other body of surface water that is a component of any waterway described in (a) above.

2.4. Comparison of GoN and World Bank Policies Table 2-4: Gap Analysis of GoN and World Bank Policies

Government of Nepal Gaps between Recommendations to World Bank (WB) Policy Category (GoN) Policy GoN& WB policy Bridge the Gaps

A. Development Project Environment Assessment Activities listed in Detailed E&S Environment falling under shall be carried out for EPR Schedule 1 Screening shouldbe (Natural Environment Protection identifying potential risks requires an IEE, carried out in the Habitat & Rule (EPR) criteria and adverse impacts, and those listed in feasibility study of the Forest should be subjected to along with mitigation Schedule 2 requires sub-projects followed including IEE/EIA as per the measures; EIA. The Schedule by detailed IEE/EIA- terrestrial and schedules which are Detail Environmental 1 and 2 are based ESMP in parallel with aquatic) based on nature of work Management Plan (EMP) on activity type, the Detail Engineering (OP/BP-4.01, work, scale of project, shall be prepared to threshold/size, as Design to bridge the 4.04 & 4.36) location and address all the policies well as location. gap between WB and jurisdiction. However, triggered related with The Potential risks GoN

Government of Nepal Gaps between Recommendations to World Bank (WB) Policy Category (GoN) Policy GoN& WB policy Bridge the Gaps

EIA is required if any natural habitat and associated with the requirements/approach project development site physical, cultural project are omitted . The ESMP should is located within - resources. The EMP shall in GoN policy. seek to to address all 1. Historical, cultural adequately address the Hence, the adverse and archeological sites. relevant issues. Environmental & environmental impacts 2. Environmentally Social (E&S) arise during execution weak and wet Areas. Screening exercise and operation of the 3. National parks, wild shall be carried out project. life sanctuaries and to assess the The ESIA/IEE and conservation areas. potential risk ESMP so prepared 4. Semi-arid, associated with the should be made mountainous and project before integral part of bidding Himalayan regions. selection of the document so that the 5. Flood prone and other project proposal. Contractor shall adhere dangerous areas. to the provisions 6. Residential, school prescribed in the and hospital areas. ESMP during 7. Areas with main execution of the sources of public water project supply B. Physical- The EPR Rule 28 & 30 OP 4.11 and their “Chance find’ is not E&S study should Cultural states that physical and application as an integral covered by the EPR include (a) measures to Resources cultural resources shall part of the Bank’s requirements avoid or mitigate any (OP/BP- not be disturbed or environmental assessment adverse impacts on 4.11) damaged without the (EA) process physical cultural prior approval of resources; (b) concerned authority. provisions for managing chance finds C. Clause 3 of the Land Full compensation at The Land ESMF, inclusive of the Involuntary Acquisition Act states replacement cost for lost Acquisition Act of RPF,should include an Resettlement that any asset that is assets shall be provided Nepal only has a indicative entitlement and Loss of required for public according to asset types provision for cash matrix which indicates Land/Structur purposes shall be and location. compensation based valuation and e acquired by providing Resettlement and on degree of loss. It associated Crop/Income compensation. Rehabilitation assistance does not take into compensation for Source Compensation Fixation to affected people shall be account titleholders and non- (OP/BP-4.12) Committee will provided by the project to vulnerability of the titleholders. establish the enable them to improve affected person ESMP for sub-projects Compensation rates. their living standard. upon losing the affecting livelihood or As per OP 4.12 land/asset. economic resources community assets needs to GoNlaws have no should also include be replaced in consultation provision for livelihood restoration with the community. compensation to plan As per OP 4.12, all those non-titleholders Community assets who are affected needs to (i.e., those who do need to be replaced in be assisted including not possess land the same or better tenants and sharecroppers. ownership condition than before. Full compensation for loss certificates e.g. Livelihood assistance of land/crop/ asset/income informal should be provided as source shall be provided. leaseholders, per criteria set by encroachers)

Government of Nepal Gaps between Recommendations to World Bank (WB) Policy Category (GoN) Policy GoN& WB policy Bridge the Gaps

Factors to be ESMF, inclusive of the considered for RPF. calculating Entitlement matrix compensation are should be drafted for not clearly defined each project clearly in the local stating the rights of the regulations project affected people. D. Nepal’s constitution WB policies ensures free, Procedure of free At each sub-project Indigenous includesprovisionsrelati prior, and informed and prior level, free prior People & ng to the social security, consultation with the consultation with informed consultations Community participation and affected indigenous people indigenous group is should be carried out (IP&C) representation of to obtain broad not defined in the with the indigenous (OP/BP-4.10) indigenous community. community support to the local regulations of community and other National Foundation for project. Nepal. However, vulnerable the Development of Social Impact Assessment free, prior and communities to obtain Indigenous Nationalities should be carried out to informed consent broad consent for the Act 2002 declares 59 identity potential impacts (FPIC) is project. Janjati as indigenous and prepare plan to ensure recognized in the Project should prepare Nepal Federation of that indigenous peoples United Nations Vulnerable Indigenous Nationalities receive social and Declaration on the Community (NEFIN), an economic benefits that are Rights of Development autonomous body, has culturally appropriate. Indigenous Peoples Framework (VCDF) further classified these (UNDRIP) and ILO based on community groups as Endangered, Convention 169 to needs of indigenous as Highly marginalized, which Nepal is a well as other marginalized, signatory. vulnerable disadvantaged and GoN does not have communities. advantaged groups a standalone policy based on historical on Indigenous economic and political Peoples and other background. vulnerable In GESI policy, GoN communities which defines other vulnerable could have put groups beyond substantial indigenous and gender- emphasis on based groups bringing basic services to the disadvantaged and indigenous people, Dalits, women, disabled and other vulnerable groups. E. Gender Through constitution of Equal access should be Disaggregated data All government Development Nepal, guidelines ensured to female is not available. departments should prepared by National members as of the male Mainstreaming of collect disaggregated Women Commission members of the society to M&E of GESI data. and GESI guidelines the opportunities created guidelines hasn’t Where appropriate, looks after gender issues and the activities happened. sub-projectsshould and barriers. These performed by Bank prepare Gender policies also cover Empowerment

Government of Nepal Gaps between Recommendations to World Bank (WB) Policy Category (GoN) Policy GoN& WB policy Bridge the Gaps

indicators for supported development MoUD and Plansand implement monitoring progress of interventions. DUDBC don’t have the plan to ensure plans on inclusion of all Appropriate Plans and active GESI unit. equal access to various genders. policies should be Municipalities does opportunities created formulated and have women by the project implemented adhering to committees, but all the principles of free, prior the issues are not and impartial consultation represented and participation of the holistically under women throughout the one unit project cycle.

3. KEY ENVIRONMENTAL AND SOCIAL CONDITIONS IN THE CLUSTER MUNICIPALITIES

Summary of Key Environmental and Social Issues

Table3-1: Key Environmental and Social Issues in theEastern and Western Cluster Municipalities3 Eastern Cluster Municipalities Key Environmental issues Birtamod Damak Urlabari SundarHaraicha Mechinagar Itahari Rajbiraj Triyuga Dhankuta • High iron content in ground • Threat to Sal trees • Solid Waste disposal on • River bank erosion • Flooding in Mechi, • Lack of drainage • Disposal of solid • Pollution due to sewerage • Threat to water • Threats to dhanesh bird species river banks Ninda, Timai, system & waste on the disposal water body • Jaljale wetlands need protection • Flooding in Mawa, Hadiya contamination of riverbanks/open field. • Flooding due to • Blockage of drainage system Bakraha, • High iron content in water through • High iron content in • Deforestation in southern siltation (particularly in ward no 1,5,8,13) SunpakuwaKhola- and ground water effluent discharge groundwater, and part • Depletion of from industries • High iron content in ground water land cutting at places • Chure - existing water supply • Landslide prone areas in water sources • High iron content in Environmental • Depletion of water system unable to cater ward no 4,5,6,14,15,16 ground water Protected Area resources to the demand for • Chure - Environmental water to growing Protected Area population • Flooding in Khado River • Depletion of ground water Social Baseline Condition • Immigration rate 8-10% • Very High Immigration (5-7%) • Poverty 20% • Very High Immigration • Poverty about 10% • Very High • Very High • Very High Immigration • Very High • Poverty 7-10% • Child marriage high in poor • Child marriage common • Poverty 10-12 % Immigration (7-9%). Immigration 1:5 in • Limited illegal mining issue Immigration • High rates of child marriage communities in indigenous group and • Child marriage in poor • Child Marriagehigh rural areas • Ethnic communities • Aathpariya is amongTarai caste, Muslim and • Limited threat to Dhimal community Terai caste group in Chaudahry, Dum, among Taraidalits, • Poverty 30-40% dependent to some extent on one of the Adibasi groups • Ward 3,4, 9 has Dhimal community Jhangar, Bantar and Muslims and • Caste discrimination fishing and forest resources deprived dependent on forest Musar communities Adibasi groups • About 10% women • Presence of marginalized community • Limited threat to • Khanar, Budhikhola, haveland owner vulnerable group Musar and concentrated Dhimal community Sunsari-Morang certificate due to dalits in ward number in Ward no. 8 • Ward 3,4, 9 has Dhimal Irrigation Canal. government tax 1,2,3,4,5,6,7,8,9,10,11,12,13 community dependent • There is proposal to incentive policy. on forest construct 6 lane • Child marriage is also road, therefore high among diverting canal land marginalized at the TyandraKhola communities is required Western Cluster Municipalities KeyEnvironmentalIissues PokharaLeknath Vyas Putalibazar Baglung Tansen Ramgram Tilottama Shuklagandaki

• Flooding in Seti and Mardi River • Flooding in Madi&Seti River • Flooding in • During rainy season • During rainy season, • Flooding in Tinahu • Flooding in Tinahu • Flooding in the rivers and siltation in rainy • Ramsar Site- Lake Cluster of • Water pollution in some stretches Aandhikhola, there is problem of there is problem of river river season Pokhara Valley sumrekhola, bodikhola, flooding, water flooding, water • Water pollution in • Water pollution in • River pollution from crusher plants located • Municipality boundary overlaps ringikhola pollution, siltation, pollution, siltation, dug wells dug wells near the river with southern part’s Annapurna • Water Pollution and landslide landslide in nearby Conservation Area siltation especially areas of during rainy season Aandhikhola, sumrekhola, bodikhola, ringikhola Key social issues

- • Poverty rate 20% • Poverty rate 25% • Poverty rate 35% • Poverty rate 15% • Immigration from • Poverty rate of 15% • Poverty rate 20% hilly region and rural wards • Poverty rate 30%

3 See detailed matrix in Appendix I 9

Source: Stakeholder consultation at Municipalities, Municipality Profiles, and data is based on the available data, the data should be updated as per the requirement of Project Operations Manual. Relevant data inAppendix A and I.

4. ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF) 4.1. Environment and Social Risk Management Procedure Under NUGIP, the municipalities are responsible for identification of sub-projects, and execution of sub-project while integrating the Environmental and Social (E&S) safeguards issues. The guideline for effective integration of the E&S safeguards is outlined in the ESMF. The ESMF details the procedure for the E&S Risk Assessment and mitigation through instruments like ESIA, ESMP and RAP. The extent of the assessment is governed through screening procedure. The flowchart for conducting ESIA is also presented in this figure.

Figure 4-1:Flowchart for conducting ESIA

4.1.1. Environmental and Social Screening 4.1.1.1. Environmental Screening The environmental screening is the early identification of each sub-project’s potential impacts and a review of the available environmental information and its surrounding Project Influence Areas (PIAs4) and the project’s potential impacts (Appendix C). The PIA varies from sub-project to sub-project depending on its location and geographical condition. The PIA is established with proper justification at the time of scoping process and also determined with

4As per World Bank OP 4.01, Project area of influence can be defined as: The area likely to be affected by the project, including all its ancillary aspects, such as power transmission corridors, pipelines, canals, tunnels, relocation and access roads, borrow and disposal areas, and construction camps, as well as unplanned developments induced by the project (e.g., spontaneous settlement, logging, or shifting agriculture along access roads). The area of influence may include, for example, (i) the watershed within which the project is located; (ii) any affected estuary and coastal zone; (iii) off-site areas required for resettlement or compensatory tracts; (iv) the airshed (e.g., where airborne pollution such as smoke or dust may enter or leave the area of influence); (v) migratory routes of humans, wildlife, or fish, particularly where they relate to public health, economic activities, or environmental conservation; and (vi) areas used for livelihood activities (Hunting, fishing, grazing, gathering, agriculture, etc.) or religious or ceremonial purposes of a customary nature.

the advice of environmental specialists and set out in the ESIAterms of reference by gathering preliminary idea regarding the nature, extent, and phasing of environmental issues that would need to be handled during the subsequent stages.The Zone of Influence (ZOI) varies according to the nature of project. As per Environmental Protection Regulations (1997), the affected wards/rural municipality are considered as ZOI. This will be assessed rationally based on the nature of sub project. Filling up theEnvironmental Screeningchecklist, category B sub project EA requirements is the first step in the conduct of an ESIA and is provided in AppendixC.The following steps are key to the screening. • Confirm presence of environmentally sensitive areas from secondary information • Site observations. If the sub project falls under ineligible category, avoid such sub projects. Only Category B projects are eligible for funding under NUGIP5. • Verify applicability of the GoN and the World Bank policies in sub-project activities • Identify potential negative and positive direct or indirect impacts and provide clarity on issue, which needs to be investigated under Category B EA type (for higher impact category requires ESIA, for medium impact category requires abbreviated EMP and for lower impact category require Best Environmental Practices- BEP). • Incorporate feedback of public consultation and answers to published notice • Comply with GoN specific EIA/IEE requirements in the EPA/EPR 1997 • Determine applicability of regulatory and policy and requirement of clearances and permissions • Identify of key environmental concerns • Scope Impact Assessment and Mitigations

4.1.1.2. Social Screening Social screening is to be undertaken by the municipality with support from the relevant experts at planning stage in all subprojects, which will provide necessary information on the potential social impacts likely to be encountered during implementation. The nature of upgrading and new project requirements are characteristically different therefore range and requirement of the social data varies accordingly. This screening will be carried out in close consultation with various primary stakeholders such as roadside farmers, shopkeepers, indigenous community, women and Dalits. The Social screening report will provide all information as determined by screening questionnaire presented in AppendixC for the new project. For the upgrading project, the relevant experts will develop the criteria applicable to the specific project. The screeningshould gather first stage information about the subproject to identify:(i) beneficiary population living within various impact zones of the project based on distance; (ii) extent of land required and number of land owners affected; (iii) impacts on poor and vulnerable groups including needs and priority for social and economic betterment; (iv) willingness of people for voluntary land donation; and v) other impacts. The screening report also should include information about the potential damage and loss of common community structures such as resting place (Chautaro), water tank including pipelines, religious cultural monumentsand sites, foot trail, Trial Bridge and so on. The results of the screening should include the following. • Determination of theapplicability of regulatory and policy instruments and the requirementsfor clearance,permission, and notifications; • Identification of key social concerns and vulnerable groups • Scoping for conducting Social Impact Assessment and the preparation of Resettlement Action Plan (RAP) or Abbreviated Resettlement Action Plan (ARAP)

4.1.2. Scoping The scoping for E&S study will be undertaken based on the screening to fulfill the following objectives: • Familiarize with the project • Define the study area comprising the project site and its PIA • Outline the environmental and social interactions pertaining to the project focused on the ESIA study • Define the scope of work and the approach and methodology to conduct the IEE/ESIA, RAP or ARAP

5 Refer to the Annex 12

Specifically, scoping willascertain the environmental and social issues associated with the nature of project, extent and coverage of project influence area and project affected persons, to be reflected in the focus of the IEE/ESIA study. For this purpose, the project documents and design reports willbe reviewed and site survey will be undertaken to understand the environmental and social sensitivities prevailing in the project area.The information on the project area and on similar project willalso be studied. Based on the study, likely environmental and social issues associated with the Project activities during preconstruction, construction and operation will be determined.

4.1.3. Project categorization According to the World Bank safeguard policy the NUGIP project is a ‘Category-B’ project.

4.1.4. Establishment of Baseline Condition 4.1.4.1. Establishment of Existing Environmental Condition For environmental assessment (IEE and ESIA), it is very important to adequately define the existing environmental condition (Environmental Baseline) against which environmental impacts of a sub-project would be subsequently evaluated. The characteristics of “environmental baseline” would depend on: • Nature of the sub-project location, • Nature/ extent of a sub-project and its likely impact, • Level of environmental assessment (e.g., IEE/ESIA)

For systematic definition and recording, the baseline environment is usually classified into Physical, biological, and social environment. Important features/ parameters under each category are identified and measured during baseline survey. The table (in Appendix J) summarizes information on the type of baseline indicators that would be adopted, based on site-specific potential impacts as identified in the environmental screening and scoping process. . 4.1.4.2. Establishment of Social Baseline For Social Impact Assessment, it is very important to adequately define the “social baseline” against which projected social impacts of a sub-project would be subsequently evaluated. The characteristics of “social baseline” would depend on: • Land requirement • Social issues specifically faced by women or vulnerable groups • Identify social needs, benefits and barriers • Extent and type of losses even due to the changes of circumstances. • Number of Project Affected Family

The table below summarizes the type of baseline indicators that will be required. In cases where projects, which are categorized with very, limited social impacts, the baseline parameters will be captured through socio-economic survey (10 % - 25% of base population depending on the type, scale and size of the sub-project). However, if the project has significant impact, a full census survey will be conducted. It is important to project the number of affected family andthe extent of losses incurred. Table 4-1: Description of Social Baseline Information required for the Project Component Possible Social Issue/ aspect Baseline Information Demography Socio Economic Condition • Population • Age pyramid by gender • Sex Ratio • Literacy • Labor force participation, by occupation • Population Density Forestry Forest user group affected due to acquisition of • Forest type forest land • Forest land getting acquired • Uses of forest produce • No. of users in forest user group (present in the corridor of impact) • No. of users under each category of social category (caste, gender, vulnerable, disability, economic status)

Component Possible Social Issue/ aspect Baseline Information Conflict for the use of forestry resources between • Flow of migrants/ their sources of forestry locals and labors, depletion of NTFP resources product and invasive species • Impact due to increased accessibility. Agriculture Loss of agricultural land due to urbanization due • Demographic and socio- economic profile to the project along and at the project site (PIA) Loss of crop • Land holding pattern (marginal, small, large) Disturbance to agriculture production, influx of along and at the project site (PIA) invasive species and pests • Land holding according to social categories Loss of livelihood of cultivators ( farm labors) along and at the project site (PIA) Disruption of access to water for irrigation • Farm labors employed Flooding or drying of agricultural land • Livelihood pattern (farmer, business, industry, service etc. within and outside the project site (PIA?) • Source of water for irrigation • Low lying area • Crop damages • Enumeration of PAFs/PAPs • Affected Plot No/ Survey No and details of its ownership • Estimation on loss of Properties (Land Area, Structures, associated structure etc.) • Estimation of other properties like cattle’s, Vehicles, Crops, Trees etc. • Demographic details of affected PAFs/ PAPs • Quality of life (To access parameters such as access to basic amenities such as water, transport, education, health etc.) • Health, Sanitation condition • Prevalence of Social Development Programs (Govt./NGO) • Property prices Personal assets Loss of land • Land holding pattern by size (new construction Loss of major structure (house, shop etc.) of road) Loss of minor structure (hand pump, boundary, • Type of structures cattle sheds etc.) • Types of minor structures Loss of assets or access to assets • Socio-economic profile of affected family Disruption of access to common resources • Types of utility services that need to be shifted including road, utility services etc. and no. of users Loss of livelihood or residence (non-title holders) • Types of public/ common assets that have to be Loss of income or means of livelihood shifted and has public consented for relocation • Livelihood pattern Loss of trees/ vegetation (fruit bearing trees/ • Income generated from the business/ shop/ shrubs, flowers etc.) farming Common Disturbance/ demolition of water supply • Types of trees and count property infrastructure, groundwater changes leading to • Types and value of fruit bearing and flowering resources drinking water and irrigation problems shrubs Damage to resting sheds, bus stops, water source etc. Land use by in- Acquisition of land and property; social conflicts, • Changing land use pattern migrants and resettlement issues • Approximate labor requirement for the project labor (about 30 % of the labor from outside) Health Introduction and spreading of communicable • Existing medical facilities diseases or respiratory disease • List of sensitive receptors (e.g. hospitalsand schools) and their capacity • Prevailing diseases Road safety • Type and number of accidents Cultural Heritage Sites of Religious/ cultural importance being • Age of the cultural site, its significance, disturbed location, number and type of such properties Sites of historical / • It is to be ensured that safe distance (as per the archaeological/anthropological Importance defined regulations of GoN has been maintained from such sites

Component Possible Social Issue/ aspect Baseline Information Vulnerable Affects Vulnerable communities (Indigenous • Type of indigenous group present and their community people) by disrupting customary rights of use and cultural practices access to land and natural resources, cultural and • Community consultation practices integrity • Can the project adversely impact local knowledge and alter lifestyle?

Gender issues Not including in the decision making process of • Type and number of public consultations held selection of beneficiaries of the project (/project for the project design) • Record of these consultation and representation of different social categories • Women groups especially Dalit women were involved in consultations? Limit access to common property or natural • How they use the roads or tracks, will there be resources any kind of disruption? Excluded from opportunities ( construction and • Will women be employed for the project maintenance work) activities? Disparity in wages • Prevailing wages for men & women Loss of entitlement to land/ property and • Are they also part of land ownership compensation thereof (if women are not included entitlements? in the land ownership certificate) • Source of income Loss of income or means of livelihood • Instances of gender violence Increase in instances of gender violence due to labor influx/ in-migration Citizen Exclusion of community from decision making • Means and number of public consultations Engagement process • Public notice provided in accessible manner Exclusion of certain vulnerable section from (e.g., language and means used for decision making process and selection of information) beneficiaries • Type and number of people with disabilities in Project design limiting access to common the project impact corridor resources for people with disability • Willingness to contribute to the Coercion on donating land project,includingto donate land • Expectation for compensation • Legal case pending in the court for the land, if relevant • Use of the current grievance mechanism established at the municipality (through ward representative)

4.1.5. Analysis of Alternative The analysis of alternatives willbe carried out at project planning phase. Analysis of alternatives is necessary to minimize negative impacts and maximize positive ones. Analysis of alternative may include site selection for sub- project, provision for alternative design, materials and technologies.In general, for any sub-project, the analysis of alternative willfocus on: • Alternative location or alignment; • Alternative design and technology; • Assessment of ‘with sub-project’ and ‘no sub-project’ scenario • Alternative source of resource (water/ material) • Alternative location for labor camps, storage and disposal of waste • Alternative route/time for transporting material • Construction arrangements

4.1.6. Impact Assessment Key potential benefits as well as adverse impacts on physical, biological and socio-economic environment associated with the preconstruction, construction, post-construction and operation and maintenance phases of the project in the Project Influence Area (PIA)will be identified. Difference in the status between the future-with-Project and future- without-Project condition would be considered as the impact of project on the environmental components and willbe analyzed in the context of area of influence spanning covering: (a) the primary project site (b) associated facilities/raw materials source used exclusively in the project (c) possible cumulative impact and (d) induced impact in the selected PIA for the ESIA study.

• Without-Project scenario would provide the status if the proposed interventions are not undertaken. This will be done by analyzing the previous status using data collected during environmental-social baseline and field investigations; and • With-Project scenario, status with implementation of the proposed interventions, will be projected.

The envisaged impacts will be categorized as impacts during the preconstruction, construction and operation phase of the project. There are common E&S risks which are associated with pre-construction, construction and operation stage as listed below: • Impact due to change in land use • Impact on livelihoods and sources of livelihoods • Impact due to change in drainage pattern • Impact on ecology &biodiversity • Impact on ambient air quality and noise levels • Impact on water quality • Impact on properties (by type/category) (including Community Property Resources) • Impact on permanent ortemporary useof public spaces and facilities • Health and safety issues during construction and operation phases • Occupation and safety hazards during preconstruction, construction and operation phase • Temporary accesscontrol,includingprovisionforbarricadingand safety signage markers if required • Construction materials (quantity requirement and storage) • Water requirement for the project with basis of calculations, and its sources during the construction phase • Type of vehicle/equipment usage during construction • Utility shifting • Quantities of solid and hazardous wastes generated • Disposal ofexcessexcavatedearth,wastedisposal/reuse • Waste handling and management, including construction waste, hazardous and non-hazardous waste

Additional E&S risks in the COVID-19 context to be considered include management and disposal of health-care and medical waste including personal protective equipment (PPE), virus transmission between workers and between workers and community members.

Qualitative and quantitative impact assessment tools (e.g. GIS mapping, analytical matrices, and other relevant analytical tools) will be used to understand the extent of impact due to the proposed sub-projects. Effort will be given to quantify the impacts, to the extent possible. For example, quantitative assessment of impact is essential to be carried out for loss of land-properties- other assets, loss of trees, acquisition of forest land – waterbodies, impact on common property resources, impact on utilities, generation of debris/waste, requirement of natural resources in the project etc. On the other hand, qualitative impact assessment may be carried out for impact due to labour influx, safety and security of workers and communities etc. If necessary, projection of impact though modeling /statistical analysis will be undertaken to understand the projected level of pollution load due to the proposed sub-project.

4.1.6.1. Potential Key Environmental and Social Impacts at Sub-project Level Based on the stakeholder consultation with the municipalities, an indicative list of projects which could be taken up under NUGIP are road construction/upgradation, drainage, water supply, wastewatertreatment, and solid waste management. Accordingly, the anticipated environmental and social impacts for the NUGIP sub-projects are furnished below:

Table 4-2: Anticipated Environmental and SocialImpacts due to Development of Sub-projects

Sector Environmental& Social Impacts Roads and • Land acquisition for widening or realigning roads, damage to crops, loss of livelihood drainage • Acquisition of forest land • Loss of trees and vegetation cover, associated biodiversity and natural habitat • Impact on structures, common property resources, religious/cultural properties, utilities 16

Sector Environmental& Social Impacts • Generation of debris from dismantling of structures and its disposal • Traffic congestion and disruption to local access during to preconstruction and construction phase • Air Pollution and noise pollution during construction and operation phase due to material handling, vibration during construction work and movement of traffic • Destabilization of slope which may lead to impacts such as soil erosion, sedimentation etc. • Leaching of materials which may lead to contamination of water sources, affecting aquatic habitats • Air pollution during preparation of the bitumen • Contamination of soil, water environment due to accidental spillage of oil, grease from the construction vehicles, fuel storage area • Possibility of contamination of surrounding soil, water environment from labor camp sites and improper material handling/transportation • Loss/partial acquisition of water body and siltation due to construction work • Concerns related to excavation of quarries and borrow areas (if required) • Increase in accidents or Deterioration of safety of road users/ pedestrians • Urbanization and commercialization leading to drastic change in land use pattern • Impact on migratory path of wildlife/habitat fragmentation • Possibility of increased illegal hunting/ trapping/ fishing/poaching due to improved accessibility Water • Contamination of surface or ground water quality during boring/ well construction Supply • Stress on water source. Impact on availability of water after abstraction of water for the sub-project or drying up of water supply due to over-extraction • Generation of muck/excavated material, other debris and its disposal • Loss of trees and vegetation cover and associated biodiversity • Air and water quality deterioration due to dust generation and vehicular emissions during transportation, loading /unloading of construction materials and construction work • Soil erosion, Contamination of water resource due to silt runoff during trenching • Generation of noise due to excavation, other construction works, movement of vehicle and construction equipment • Traffic congestion and Disruption to local access due to construction, operation- maintenance work and excavation • Temporary disturbance to household water supply • Impact on religious/cultural properties, utilities • Temporary flooding of adjacent areas due to accidental leakages/bursts • Acquisition of land requirement for water treatment plant • Potential threat to safety of dam due to over-discharge or construction of new structure (if water is sourced from dam) Waste • Lack of proper hygiene and sanitation facilities in labor worker camps Water • Land required for sewer pipe network, sewerage treatment plants and possibly for treatment ponds • Generation of muck/excavated material, other debris and its disposal • Loss of trees and vegetation cover and associated biodiversity • Air quality deterioration due to dust generation and vehicular emissions during transportation, loading /unloading of construction materials and construction work • Generation of noise due to excavation, other construction works, movement of vehicle and construction equipment • Impact on religious/cultural properties, utilities • Soil erosion, Contamination of water resource due to silt runoff during trenching • Temporary flooding of adjacent areas due to accidental leakages/bursts and also due to blockages and backlogging of lines in operation phase

Sector Environmental& Social Impacts • Risk of accidental contamination of Soil/surface / ground water resource and possibility of mixing with water supply line due to leakages/ overflows from the sewer lines in operation phase • Traffic congestion and disruption to local access due to construction - excavation and operation maintenance work • Disposal of waste generated from waste treatment plant such as effluents, septage and sludge Solid Waste • Lack of solid waste (including medical wastes) collection, segregation and its recycling Management facilities • Land acquisition and site clearance for waste disposal sites • Closure of existing open dumpsites and displacement of dependent waste pickers • Dust emissions and noise generation from site preparation, excavation, material handling and other construction activities at site, vehicular movement • Tree & vegetation removal at waste disposal site and loss of associated biodiversity • Possibility of contamination of surrounding soil, water environment from labor camp sites and improper material handling/transportation

• Generation of landfill gas i.e. methane (CH4) and carbon dioxide (CO2) • Nuisance due to generation of foul odor from disposal site or poor transportation/handling of waste • Nuisance associated with irregular collection of waste at household level • Accidental contamination of soil and water environment during transportation and handling of waste, including medical wastes • No segregation of waste may lead to uncontrolled disposal of hazardous and medical waste which may contaminate soil/water resource • Risk of flooding of landfills (particularly in low lying areas) • Risk of contaminating surface and ground water by seepage and leachate from disposal sites • Destabilization of heaps of waste at the landfill site Anticipated social issues based on thematic areas are listed in the table below: Table 4-3: Anticipated Social issuespertaining to the project

Theme Social Issues Inclusion • Lack of inclusion and representation of women and other vulnerable groups in the LIPW • Lack of representation of female gender and other vulnerable groups • Lack of use of participatory approach • Exclusion of women and other vulnerable groups in the decision-making process of selection of beneficiaries of the project (project design) • Limited access to common property or natural resources specially of vulnerable groups • Exclusion from opportunities (construction and maintenance work),esp. of vulnerable groups such as women and disadvantaged commuities • Disparity in wages specially of females and other vulnerable groups • Lack of subsidies on user charges for females and other vulnerable groups • Social barriers faced by females and other vulnerable groups • Lack of proper channelsfor communicating grievances • Assessment not including differentiated priorities for design of human settlements, the location of housing and the provision of urban services. • Differentiation of PAPs on the basis of Gender/caste/ethnicity • Access to public park, public toilets, public taps, public hall and temples could be restricted • Not consulting other important stakeholders such as line departments, user groups etc. • Project design limiting access to common resources for people with disability

Theme Social Issues Land & • Coercion on donating land Asset • Loss of fruit bearing or flowering trees/ shrubs Related • Loss of cultivable land and crops • Loss of major or minor structure (residential) • Loss of temporary shelters • Loss of livelihood or residence of non-title holders (e.g., squatters, encroachers, tenants, etc) • Loss of assets or access to assets • Damage to Resting sheds, bus stops, water source etc. and other common community resources • Loss of entitlement to land/ property and compensation thereof (if women/ vulnerable families are not included in the land ownership certificate) • Dismantling of existing structures • Disturbance to agriculture production, influx of invasive species and pests • Loss of visual aesthetic value of the land/area due to the sub-project Labor influx • Increased pressure on the forest in the vicinity for fuel wood • Impact on surface and ground water from unsanitary disposal of toilet waste • Conflict for the use of forestry resources between locals and labors • Introduction and spreading of communicable diseases or respiratory disease • Acquisition of land and property; social conflicts, resettlement issues, over establishment of labor camps • In-migration affecting the local social and economic conditions • Increase in instances of gender violence Indigenous • Disruption of customary rights over use and access to land and natural resources people • Impact on cultural and communal integrity of vulnerable groups, including indigenous people • Altering or undermining of the recognition of indigenous knowledge • Impact on foot trails connecting indigenous groups

Additional environmental and social risks and issues in relation to COVID-19 • Risks to workerssuch as in relation to occupation health and safety,hygiene and sanitation • Requirements for social distancing amongst workers and with community members • Risks arising from the disposal of health care and medical waste such as personal protective equipment (PPE) • Exposure of workers and community members to COVID-19

4.1.7. Mitigation Measures for Identified Impacts and Guide to ESMP An Environmental and Social Management Plan (ESMP) is the key document focused on implementation of mitigation measures, once the potential impacts are identified. It starts operationalizing the avoidance / minimization aspects from design/pre-construction phase and ensures that the project impacts are reduced to an acceptable level during implementation of the sub-project. Thus, ESMP becomes the document to ensure that all the effort has been made to ensure environmental quality within thePIA. The ESMPsprepared under the project will be sub-project specific, and will clearly and concisely describing adverse impacts, selected management measures to minimize and mitigate those impacts, and the timelines for implementing these measures. It will also clarify roles and responsibilities of various entities such as Project Proponent, Municipalities, Contractors and other stakeholders. The key components of an ESMP are the following: • Mitigation measures to be adopted for every possible potential adverse impacts during the Design, Pre- construction, Construction/Implementation and Operation phases as identified through IEE/ESIA • Enhancement plans for positive impacts • Monitoring Plan with indicators, mechanisms, frequency, locations, • Budgetary allocations for all the above activities • Institutional arrangements for each activity and mitigation measures 19

• Implementation schedules for each activity • Reporting procedures, including for redressing grievances related to environmental issues The ESMP will abide by the following core principles. i) Local Community Participation and Demand Driven Decisions ii) Ownership of ULGs iii) Environmental Sustainability, Protection and Enhancement iv) Community Cohesion and Security v) Gender Equity and Social Inclusion vi) Empowerment of Local Communities/ULGs vii) Resilience to Disaster, Climate Change viii) Institutionalization of Land Donation Processes ix) Adaptability to changing circumstances and context The cost for implementation of the management measures, the institutional arrangements for monitoring willbe included in the estimated project cost. The AppendixE summarizes probable impact, its subsequent mitigation measures institutional roles and responsibilities. However, the actual mitigation measures will be designed on the basis of the project, location, IEE/ESIA findings, public recommendations and prevalent best practices. Budget for ESMP Each sub-project will have its own budget to cover the ESMP implementation costs relating to mitigation measures, enhancements, and monitoring costs. In addition, training and capacity building costs willbe added for specific issues that ESIA may bring out. For instance, there may be a need to have short courses on specific topics, experience exchanges on any particular issue, and so on. 4.1.8. Stakeholder Consultation Stakeholder consultation is one of the most important components of the ESIA exercise and is to be carried out with institutional stakeholders as well as with community. Accordingly, consultations will be carried out during the ESIA process to collect information on baseline scenario, obtain in-depth understanding of the sub-project and the related environmental and social issues,understand the applicability of various law/legislation, opinions of the public and to disseminate information about the Project. The consultationswill be preceded by a stakeholder analysis to identify relevant stakeholders to the proposed intervention. The primary objective of stakeholder analysis is to map the stakeholders, their organizational structure, operational network, representation requirements and impact on type of activity in the project to strategically prioritize them and develop an understanding of operational and organizational gaps. The stakeholder interactions will be managed in a way that would ensure they are pluralistic, inclusive and conducted through the following mechanisms including the following: focused group discussions (FGD); Key Informant Interviews (KII); individualinterviews The outcome of the consultation and relevant documentswill be maintained and included in the ESIA report. The concerns and the aspiration received from the consultation will be shared with the relevant authority for their decisions. Subsequently, the decisions madewill be communicated back to the community members. The ESMF envisages stakeholder consultationsas a continuous process and will be conducted at various phases of the project. Initial public consultation will be carried out while conducting reconnaissance survey before categorizing the project. After the preparation of ESIA report, the report will be made available for public review through public notice. A copy of the report will be kept available at municipality, Tole and ward level for at least 30 days to seek public’s recommendation and concerns. The ability to undertake stakeholder consultations as envisaged when originally preparing this ESMF may be impacted due to COVID-19. There is consequently a need to consider social distancing and other measures when undertaking stakeholder engagements to mitigate against the further spread of COVID-19. Chapter 8 on Stakeholder Engagement includes some considerations for adapting stakeholder consulations and other forms of citizen engagement in the COVID-19 context. 4.1.9. Preparation of ESIA/ESMP Report Environmental and Social Impact Assessment (ESIA), ESMP for category B project is the most commonly used tool to ensure that environmental and social aspects are considered during decision-making by influencing the design of the sub-projects to avoid/minimize, and where unavoidable,mitigate the adverse impacts and/or enhancepositive

impacts. These instruments also provide a platform for getting views from stakeholders including the directly affected community and institutions to improve the design so that the asset quality is improved (refer to Appendices E and F). 4.1.10. Environmental Mitigation and Enhancement Management Plan Environmental management actions to be undertaken and to be adopted for the realization of environmental environmental mitigation and enhancement for construction and operation phases are presented in Table 4-4. The Environmental Enhancement and Mitigation Management Plan is part of the ESMP and a templatebriefly describes impacts, description of enhancement/mitigation action required, individual or agency responsible, national standards and guidelines, timing of actions, responsible authority, and tentative financial requirements. An example of a comprehensive EMEMP is provided at Appendix E.

Table 4-4.Template Environnemental Mitigation & Enchancement Management Plan

Construction Stage/ Environmental Mitigation/ Enhancement Schedule Responsible Costs Environmental Impact Measures of party (NRs) aspects Actions PRE-CONSTRUCTION STAGE

Physical Environnent Change in land The project Appropriate route selection to DPR, ESIA None use intervention may minimize impacts Consultants, impact the Maximum use of existing road PCO, existing land use and public land Municipalities pattern of the area Collection of spoils and its management in scientific way Biological / Chemical Environment Ecologically Adjoining Prior care willbe given during DPR, ESIA None sensitive areas environmentally project screening. Project will Consultants, sensitive areas not be developed in PCO, (National Parks, ecologically fragile areas. Municipalities Wildlife Reserves, Ramsar Sites etc) can be affected Social-Economic /Cultural Environment Cultural Sites of cultural Prior care will be given during DPR, ESIA None heritage and historical project screening. Historically Consultants, importance can significant PCO, be affected archaeological/anthropological Municipalities site will be avoided in design stage CONSTRUCTION STAGE

Physical, Health and Safety Environment Sanitation and Increase in Workers are not allowed to Contractor, Integrated health of the disease vector stay overnight out from the PCO, in total community and transmission camp. Awareness program will Municipalities, project of disease from be launched to prevent from DSC cost outside the STDs. workforce. Provision of information around hygiene, particularly in regards to COVID-19.

Implementation of measures to address COVID-19 risks Occupational Accidents Implementation of OSH Contractor, Integrated Health Hazard causing Deaths/ activities. Distribution and PCO, in total and Safety Injuries mandatory use of safety hats, Municipalities, project shoes, follow-up of safety DSC cost regulation, well- communication of construction safety instructions at all levels

Risk of virus Implementation of social Contractor, Integrated transmision distancing and hygiene PCO, in total measures, and other relevant Municipalities, project measures. Provision of DSC cost information around hygiene. Distribution of PPE as required. Biological / Chemical Environment Degradation of Contamination of Silt fencing to be provided in Contractor, Integrated water quality water bodies near the construction areas PCO, in total the construction adjoining water bodies, Municipalities project sites material will not be stored near and Wards in cost any waterbody coordination Provision of proper hygience with DSC and sanitation facilities in worker labor camp sites Workerswill be restricted from polluting the source or misusing the source. Degradation of Detoriation of air Water spraying at regular Contractor, Integrated air quality quality due to intervals, all vehicles, PCO, in total dust and gaseous equipment and machinery used Municipalities project emission from for construction to be regularly and Wards in cost construction maintained, regular monitoring coordination activities and of ambient air quality, with DSC equipment embankment slopes to be covered with turfing / stone pitching. Increase in Disturbance due Noise standards will be Contractor, Integrated noise levels / to noise from maintained at processing PCO, in total vibrations vehicles, sites. Machinery and vehicles Municipalities project equipment and will be regularly maintained. and Wards in cost blasting or pre- Workers working in loud noise coordination splitting areas will wear earplugs. with DSC operations Construction will be stopped in Night-time in sensitive receptor areas. Social-Economic /Cultural Environment Community Uncollected solid Adequate solid wastes Contractor, Integrated health and wastes from (including medical wastes) are PCO, in total safety worker labor conducted a Municipalities project camps and Wards in cost

Traffic coordination congestion, Plan for traffic decongestion with DSC possible will be kept. Barricades will be accidents and maintained including signs and death flagmen as required. The construction works will not interfere with or cause inconvenience to public or restrict the access to use of properties. POST-CONSTRUCTION STAGE

Physical Environment Risk of virus Provision of information Contractor, Integrated transmission around hygiene, particularly PCO, in total with regards to COVID-19. Municipalities, project Implementation of measures to DSC cost address COVID-19 risks Disposal of Possible Careful segregation of wastes, Contractor, Integrated solid waste, contamination, regular collection and PCO in total waste materials disturbanceto treatment of wastes and proper project and community, disposal cost construction accidents Project site and working area spoils will be cleared of unutilized construction materials, heavy equipment and debris; and a final clean-up of solid wastes will be conducted. Biological / Chemical Environment Restoration of Clogging of Disturbance of waterways will Contractor, Integrated waterways water bodies, be cleared to avoidobstruction PCO in total surface run off from construction debris and project other waste materials. cost Social-Economic /Cultural Environment Termination of Loss of The local workforce will be Contractor, Integrated emplyoment temporary jobs briefed in advance about the PCO, in total by the local work loss of job after project Municipalities project force after project completion. Compensation, if cost completion, applicable, will be provided OPERATION STAGE

Physical Environment Soil/Water Pollution of Proper drainage network and PCO, Integrated quality water bodies, silt fencing will beprovided to Municipalities in total degradation erosion ensure that the water quality is project due to surface not impaired due to cost run-off contaminants from road runoff. Biological/Chemical Environment Replacement Survival of The replacement plantation PCO, Integrated plantation planted seedling will be maintained and taken Municipalities in total and their growth care to ensure the survival of project the seedlings to mitigate cost 23

vegetation loss during construction Social-Economic /Cultural Environment Removal of Loss of The fruit trees will be PCO, Integrated fruit trees production compensated at market value Municipalities in total on the basis of loss of future project production, based on 5 years cost annual net production.

4.1.11. Approval and Implementation of Site-specific ESMP After preparation of the site-specific ESMP report, it has to be endorsed and approved. After its approval the provisions of the ESMP need to be included in the NUGIP sub project interventions’ designs and estimates before final approval.After approval, ESMP provisions along with the NUGIP sub projects ‘designs/estimates shall be implemented along with construction works. The responsibility of overall ESMP implementation as well monitoring implementation for the category 2 interventions shall lie with the PIU.

4.1.12. Environmental and Social Monitoring of Management Plans Three types of monitoring envisaged in the plan include: Baseline Monitoring, Compliance Monitoring and Impact Monitoring. The compliance monitoring comprises two parts; the first is the compliance to the enhancement actions and second compliance to mitigation actions including the corrective actions issued. The impact monitoring in the plan relates to only those measurable indicators in the socio-economic, cultural/physical, chemical and biological environments. For each of the monitoring indicators, monitoring methods, frequency of monitoring, responsible parties along with the required cost estimates have been estimated (Refer to Appendix E).

4.1.13. Applicability of ESMF on Associated Projects Besides all the project components and activities, the ESMF is also applicable on all the necessary associated facilities that are required to set up and operate with the proposed sub-projects or without which the sub-project would not be viable (e.g. access roads, ancillary buildings etc.). Associated projects under NUGIP do not need to be funded by the World Bank for the ESMF to be applicable. If the sub-project financed by the World Bank is used as an associated facility for another investment, the concerned investment will also be assessed to ascertain whether it meets the requirements of the World Bank and if subsequent improvements can be made. Similarly, the impacts and risks because of the cumulative effects with other projects in the sub-project region, will also be included in the ESIA and the DPR and DED are to be updated based on the ESIA/ESMP.

4.1.14. List of Ineligible Sub-Projects Depending on the scope and scale, a select number of sub-projects are ineligible for financing under the project. To avoid adverse E&S impacts and to ensure that the projects being funded under NUGIP are ‘Category B’ projects, proposals that involve activities listed in sub-projects explicitly excluded from funding under NUGIP (Appendix K), will be screened out.

4.1.15. LIPW subprojects LIPW subprojects will be selected based on local priorities and with the involvement of communities, for example, through User Committees at the ward level, and through representative groups of women and Dalits. When selecting LIPWsubprojects, the project will ensure that the subprojects do not have significiant environmental or social risks and impacts. Guidance and criteria for selecting LIPWsubprojects will be detailed in the project implementation manual (PIM). Target beneficiaries for the LIPW will be individuals from poor and vulnerable groups and households. The selection process for beneficiaries will specifically cater to supporting vulnerable groups, such as women, the elderly, minorities, and other discriminated groups. The LIPW subprojects will require a minimum percentage representation of female workers. Measures for targeting beneficiaries will be further detailed in the PIM.

4.1.16. Legal Contract for E&S Compliance The environmental and social safeguard and mitigation measures willbe integrated in the design of the project itself. Such approach will enhance the mitigation measures in terms of specific mitigation design, cost estimation of the mitigation measures and specific implementation criteria. Integration of mitigation measures in the design phase will also help in strengthening the benefits and sustainability of the project. The legal contractswill include at least the following commitments: • Design, construct, operate, maintain and monitor the subprojects in compliance with the specified applicable E&S requirements. • Implement the environmental and social mitigation measures specified in the IEE/ESIA-ESMP prepared based on ESMF, including all conditions stipulated in the ESMP and other relevant plans prepared based on the process of identification of E&S risks and impacts pursuant provisions tothe World Bank’s safeguard policies. The project sponsor will also ensure that adequate E&S contracts are included in their bidding and legal documentation with contractors and suppliers, as needed. • Use all reasonable efforts to ensure that theenvironmental and social performance of the subproject is in compliance with the applicable E&S requirements during implementation, including E&S monitoring. • Provide periodic E&S performance reporting to the PCO andthe World Bank according to an agreed template within a specified timeframe.

The tender instruction to bidders willexplicitly mention the site-specific mitigation measures to be performed, the materials to be used, the specified and excluded sites for material retrieval, labor camp specifications, arrangements, labor influx management and waste management and disposal areas, as well other site-specific environmental and social requirements. Such a definition would clearly exhibit the cost requirement to undertake mitigation measures, which otherwise might be lost as the bidders in an attempt to be more competitive may not include the price realistic enough to fund mitigation measures and other protection measures. The project contractor willbe bound by the parameters of contractual clauses which will be identified through ESIA studies pertaining to specific mitigation measures in the subproject. Measures will be taken to ensure that the contractor is aware and understand the respective contractual clauses and obligations. The final acceptance of the completed works will not occur until the environmental and social clauses have been satisfactorily implemented. Role of contractors will be to ensure compliance with ESMP, if any sub-contractors will be hired. There willbe a legal contract between contractors and subcontractors to adhere to ESMP. Zero tolerance for child/forced labor, gender- based violence, community H&S, equal wages, labor camp standards for contractors/subcontractors, will be well- articulated and communicated to the laborers and others. The contractor’s environmental and social management plan (CESMP) will be prepared by contractor and submitted to the respective PIU within 45 days of contract signing. This applies to subcontractors too. The subcontractors report to the main contractor regarding their E and S compliances on regular basis. 4.1.17. Subproject Monitoring Monitoring is a major part of the ESMF to ensure its goals and objectives are adequately met. The environmental and social safeguards implementation will be monitored internally. The safeguards staff (E&S) within Municipalities, DSCs and PCO will monitor the project site in the initial, construction, post construction and operational phase of project to ensure that all environmental and social issues related to each subprojects are well addressed and comply with the requirements mentioned in ESMF. Municipalities will prepare quarterly progress reports and submit them to PCO. PCO will prepare semi-annual monitoring reports and submit to the World Bank. The reports will cover ESMP implementation, focusing on compliance and any needed corrective actions. As mentioned earlier, public consultation will be conducted as necessary during preconstruction, construction, operation phases. The template of monitoring report along with timetablecost is included in Appendix I.

4.2. Specific labor and OH&S-related considerations in the context of COVID-19

In the context of COVID-19, special consideration needs to be given with regards to labor procedures including the health and safety of workers, the community members with whom workers come into contact, as well as the management of medical and health care waste. To ensure that workers are safe in the workplace, or that workers who are at risk or could put others at risk are not at work, is an important first step.

Considerations for workers The World Bank has developed a Safeguards Interim Guidance Note on COVID-19 Considerations in Construction and Civil Works Projects, which is included in Annex L. Some practical mitigation measures for prevention and response is provided below.6 • Provide information on COVID-19: Provide information on good practices for preventing COVID-19 transmission, particularly observing recommendations on social distancing, and training to workers to recognize the symptions of COVID-19. • Ask sick or potentially infected workers to stay at home: To prevent potentially affected staff from entering a worksite and infecting co-workers, the project should request workers to stay away from the worksite where they exhibit any COVID-19 symptons or have been in close contact with a confirmed COVID-19 patient during the past 14 days • Cough hygiene: Workers should be instructed to follow cough etiquette to reduce the risk of spreading the virus when coughing or sneezing, which includes covering the mouth when coughing or sneezing with tissue and disposing used tissue into wastebasket, or coughing into elbow or sleeve, cleaning hands after coughing or sneezing preferably by using hand wash or hand sanitizing gel. • Social distancing: To prevent person-to-person infection, direct contact between workers should be minimized. Where required to work or meet, a safe distance of 2 metres between people should be observed. Workers should be informed about the hazards of close contact, and to promote alternative behaviours such as maintaining safe distances. The contractor may also consider establishing alternative working days or adding shifts to reduce the total number of employees on a work site at a given time. • Hand washing: the project should promote frequent and thorough water-soap hand washing and provide enough places for workers to wash their hands. If soap and running water are not immediately available, provide alcohol-based hand rubs containing atleast 60% alcohol. • Cleansing and disinfecting: Touched surfaces should be frequently cleaned such as equipment, handrails, toilets etc, and instruct workers to clean equipment/workplaces at the end of a shift. • Food preparation: Staff in labour camps should help ensure that food served to workers is safe. Measures include: not working if they have symptons; being trained in common food safety practices; required to wash hands regularly; prevent cross contamination caused by people sharing the same serving spoons. • Air quality measures: Consider air quality control measures particularly for labor camps • Personal Protective Equipment: People who come into contact with possibly infected workers or with infected materials should use gloves and breathing protection • Workers accommodation: Additional measures to those provided above include preventing infected persons from entering workers’ accommodation areas, promote, respect and enforce occupancy density limits in worker accommodations, and where new workers arrive from areas with high risk of COVID-19, ensure that these persons are adequately quarantined as per local regulations or recommendations from international organizations.

Health care and medical waste management The management of health care and medical waste is a critical consideration as part of project activities. The World Health Organization (WHO) provides guidance on the health-case waste management. As the WHO advises: “Best practices for safely managing health care waste should be followed, including assigning responsibility and sufficient human and material resources to dispose of such waste safely. There is no evidence that direct, unprotected human contact during the handling of health care waste has resulted in the transmission of the COVID-19 virus. All health care waste produced during the care of COVID 19 patients should be collected safely in designated containers and bags, treated, and then safely disposed of or treated, or both, preferably onsite. If waste is moved off-site, it is critical to understand where and how it will be treated and destroyed. All who handle health care waste should wear appropriate PPE (boots, apron, long-sleeved gown, thick gloves, mask, and goggles or a face shield) and perform hand hygiene after removing it. For more information refer to the WHO guidance, Safe management of wastes from health-care activities”

6For more details, see Interim Advice on Supporting Workers in the Context of COVID-19, Interim Advice for IFC Clients on Preventing and Manaing Health Risks of COVID-19 in the Workplace, as well as Interim Advice for IFC Clients on developing a COVID-19 Emergency Preparedness & Response Plan. 26

Further details are provided at: https://www.who.int/publications-detail/water-sanitation-hygiene-and-wastemanagement-for-covid-19

4.3. Considerations where CERC is activated This ESMF does not address potential environmental and social risks and impacts arising in relation to the CER component (CERC), given that the type of likely emergency and indicative list of activities that will be required under CERC cannot yet be determined. Environmental and social screening of activities under Component 4 (CERC) will follow the procedures outlined in the ESMF and in the CER Implementation Manual. In case new activities are identified for the CERC when triggered that go beyond the scope of the ESMF, then the ESMF will be updated as needed and redisclosed. The costs for of any needed instruments should be included in the budget for the Emergency Action Plan (EAP). The EAP, to the extent possible, will focus on activities that can be readily implemented on the ground and which will not result in additional environmental and social risks. The EAP will include a summary of the safeguard implications of the proposed activities and will list any new safeguard instruments which are required to be prepared. The sequencing for completing additional safeguard instruments (including requirements for implementation and monitoring) will be determined at that time.

In the interest of delivering a rapid response in such emergency situations, the updated ESMF where prepared, will adopt a flexible, “adaptive management” approach. A rapid assessment of the environmental and social baseline of the CERC activities will be undertaken, based on readily available information. A phased approach to implementation may be used. Based on the EAP, the CERC activities will be grouped into: (i) those activities which can proceed as soon as the CERC is activated and with no additional environmental and social assessment; (ii) those activities which would require an environmental and social assessment, stakeholder consultation, and disclosure of the relevant management plans (eg ESMP), prior to CERC activities commencing.

The updated ESMF will describe: the potential emergencies and the types of activities likely to be financed and an evaluation of the potential risks and mitigation measures associated with those activities; identify likely vulnerable groups and/or locations and includes, where needed, a social assessment to guide emergency responses, such as potential of exacerbating existing social conflicts. The ESMF will include a screening process for the potential CERC activities, the institutional arrangements for environmental and social due diligence, and any needed capacity building measures to implement the CERC-ESMF, generic guidance on emergency small scale civil works, and any additional safeguard instruments which may be required for the CERC.

It will be determined at the time of CERC activiation whether MOUD-DUDBC will be retained as the implementing agency, of if a different agency will be responsible for implementing the CERC activities. If procurement of goods and services is required, the revised ESMF will provide how this will be undertaken.

Additional details regarding CERC implementation will be outlined in the PIM forNUGIP.

5. RESETTLEMENT POLICY FRAMEWORK (RPF)

The resettlement policy/strategy adopted for the project aims to ensure that in cases where there is any form of land acquisition or resettlement on account of sub-projects supported under the project, the affected persons will be resettled and rehabilitated in a manner that they do not suffer from adverse impacts and that their standard of living, earning capacities and production levels will either beimproved or at the minimum, will be retained to pre-project levels. It is also an effort of the project to ensure that resettlement will minimize dependency and be sustainable socially, economically and institutionally. Special attention will be given to the improvement of living standards of marginalized and vulnerable groups.

The rationale for the Resettlement Policy Framework has originated from the fact that specific subproject sites and activities are yet to be identified under the project to be able to understand the exact nature, scope and scale of their impacts. Thus, this Resettlement Policy Framework (RPF) has been developed to guide detailed resettlement planning to address land acquisition and resettlement impacts during project implementation. Specifically, this framework establishes the involuntary resettlement and compensation principles, organizational arrangements to be applied to meet the needs of the people who may be affected by the project activities due to land acquisition, loss of shelter, assets or livelihoods, and/or loss of access to economic resources. The RPF is prepared while adhering to the national regulations as well as the safeguard policy guidelines of the World Bank. 5.1. Principles of RPF a) Involuntary resettlement willbe avoided where feasible, or minimized, exploring all viable alternative project designs; b) Where it is not feasible to avoid resettlement, resettlement activities willbe 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 willbe meaningfully consulted and should have opportunities to participate in planning and implementing resettlement programs; c) Displaced persons willbe 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; d) Relocation and resettlement of the affected persons/households will be arranged close to the current place of residence until and otherwise he/she willingly prefers to relocate him/herself; e) Inclusive programs for the enhancement of their socio- economic development of disadvantagedgroups (Dalit, Indigenous or Janajati groups and single women etc.) will be planned and implemented as part of resettlement planning; f) Compensation support of the built properties including resettlement and rehabilitation benefits for persons/households who do not have land or legal right for the currently operated land, will be arranged; g) Access on project benefit (share allocations) will be provided to the affected persons/households for projects where return on investment is a potential.

5.2. Land & Asset Acquisition7 The World Bank’s Policy, 4.12 Involuntary Resettlement, will guide the social safeguards (land acquisition and involuntary resettlement) planning and compliance during implementation of sub-projects. In the event a sub-project requires acquisition of land or asset, necessary measureswillbe taken to ensure that the affected persons are: i) informed about their options and rights pertaining to resettlement; ii) consulted on, offered choices and provided with technically and economically feasible resettlement alternatives; iii) Provided prompt and effective compensation at full replacement cost for losses of assets attributable directly to the project.

If the impacts include physical relocation, the resettlement plan or resettlement policy frameworkwill includemeasures to ensure that the displaced persons are i) provided assistance (such as moving allowances) during relocation; and

7“Land and Asset Acquisition” here refers to all methods of obtaining land and other asset for project purposes, which may include involuntary acquisition, acquisition through negotiation and voluntary donation 28

ii) provided with residential housing, or housing sites, or, as required, agricultural sites for which a combination of productive potential, location advantages, and other factors is at least equivalent to the advantages of the old site.

Where necessary to achieve the objectives of the policy, the resettlement plan or resettlement policy framework also includes measures to ensure that displaced persons are i) Offered support after displacement, for a transition period, based on a reasonable estimate of the time likely to be needed to restore their livelihood and standards of living; and ii) Provided with development assistance in addition to compensation measures such as land preparation, credit facilities, training, or job opportunities.

As per the World Bank policy, the RPF requires that no land will be acquired (taken possession of) before compensation is paid fully and completely to the affected people.Depending on extent of land requirement for sub- project, the nature of land acquisition process could be through three processes viz. involuntary land acquisition, acquisition through negotiation, voluntary land donation.

Prerequisites for sub-project finalization and initiation of the land acquisition process Prior to sub-project finalization and initiation of land acquisition process under NUGIP, the concerned municipalities have to ensure that: • Land recordshavebeen correctly updated in revenue record as well as the cadastral maps by the concerned authorities • Land and asset acquisition has been done in accordance to the regulation of GoN and World Bank safeguard standards • Land and asset acquisition has been done in legal, documented and transparent manner. The documents pertaining to transfer of land, consents from owners areproperly documented and published in public domain. • No land is acquired before compensation is paid completely to the affected people, as per World Bank’s policy requirements. • If the land is already transferred to the proponent (executing agency 'EA"), the land entitlement certificate (LalPurja) is in the name of the EA prior initiation of construction activities. This could be verified with district land revenue office • All grievances especially related to the land acquisition is communicated to the World Bank along with the redress process followed.

5.2.1. Involuntary Land Acquisition The Project will ensure that where a sub-project involves land acquisition (more than 10% of individual asset) against compensation or loss of livelihood or shelter, the acquisition process will not proceed until a satisfactory RAP/ARAP is prepared and shared with the affected persons, local community, and the World Bank. As mentioned above, civil and other works in the project sitewill not start until the compensation and assistance is made available in accordance with the framework. The resettlement and rehabilitation (R&R) benefits willbe extended to all the Project Affected Families (PAF). Compensation amounts willbe based on the principle of replacement value. The exact value of compensation and replacement cost will be different for each sub-project activity at different project locations and willbe based on theeconomic and social survey of the area andthat of the affected persons.

The Land Acquisition Act 1977 authorizes the Government of Nepal to acquire any land in any place for any public purpose as long as compensation is provided for loss of land and assets. According to the Act, public purposes include functions undertaken in the interest of or, for the benefit or use of, the general public as well as functions to be undertaken by GoN.

In preparing theRAPsRPF, the following steps will be followed, in accordance with the Land Acquisition Act and World Bank policy OP4.12: • The acquisition and compensation of privately-owned assets are undertaken according to a formal procedure, consisting of (a) initial procedures, (b) a preliminary investigation process, (c) acquisition notification, (d) compensation notification, and (e) appeal procedures • Compensation Determination Committees are established (at district level) to ascertain compensation rates for land and other assets 29

• Compensation must be paid: (a) for damages caused as a result of investigations during the preliminary investigation process, and (b) for land and assets permanently acquired by the project (including, standing crops, trees, houses and other assets) • Compensation must take depreciation for salvage materials into account • Under World Bank policy, preference should be given to land-based resettlement strategies where livelihoods are land-based • Compensation will be made to the person who has the right to claim for the compensation; to be entitled to compensation for land, a person must submit an official land registration certificate at the time of compensation claim • Titleholders are required to submit compensation claims or complaints within a specified period after the land acquisition notice had been issued by the Local Authority (Chief District Officer). Compensation for land is paid after determination of rates and verification of the list of entitled applicants by the Compensation Determination Committee (CDC) • Two separate rates of compensation can be paid i) to titleholders who lose all their land, and ii) to titleholders who lose only some part of their land. • In determining the compensation amount, the committee has to consider relevant periodic guidelines of GoN and the loss suffered by persons due to acquisition of land, shift of residence or place of business to another place. • While determining the compensation amount, the CFC has to consider price of the land prevailing at the time of notification of land acquisition, price of standing crops and structure, and damage incurred by persons being compelled to shift their residence or place of business due to land acquisition. • After the completion of land transfer process, the municipality in coordination with Land Survey Office will initiate cadastral survey to update the land record and ensure tax relaxation for the acquired land

5.2.2. Acquisition of Land through Negotiations Section 27 of Land Acquisition Act 1977, refers that ‘notwithstanding anything contained elsewhere in this Act, Government of Nepal may acquire any land for any purpose through negotiations with the concerned landowner. It shall not be necessary to comply with the procedure laid down in this Act while acquiring lands through negotiations’. The above statement from the Land Acquisition Act 1977 means that land acquisition through negotiation i.e. ‘willing to buy-willing to sell’ is a possibleprocess for land acquisition under the project.

However, the acquisition of land through negotiations willbe based on the following criteria • Preparation of Land Acquisition Plan (LAP) for the Project: The project design layout will be superimposed on cadastral map to identify the affected plots and its corresponding area by Municipality in consultation with the Design and Supervision Consultant (DSC). The details of other assets will also be identified during this process • The LAP will be officially verified and ownership details of affected land parcels will be identified by land survey - land revenue department and the details should be shared with municipality • The land acquisition through negotiation will be carried out in a transparent manner and without any pressure/threat on asset ownership. The documents pertaining to transfer of land, consents from owners willbe properly documented and published in public domain • The land owners will be consulted by DSC and municipality to explain the project proposal and acquisition of land through direct negotiation process • The value of land and other assets willbe decided through negotiation between the land owner and municipality, with the negotiation process adequately documented. • The value of land and assets will be at least as per the prevailing market price • After the completion of land transfer process, the municipality in coordination with Land Survey Office will initiate cadastral survey to update the land record and ensure tax relaxation for the acquired land. In case the legal owner fails to be present to receive compensation within given time by the project, compensation can be handed over to their spouse or legitimate heirs or to the nearest relatives if they have no immediate heirs such as spouse or children. For this, the compensation receiving person must submit evidences to prove that they 30

are legitimate heirs along with certification from concerned municipality describing reason of inability of legal owner to presence themselves for claiming compensation

5.2.3. Voluntary Land Donation The third option that the project will pursue to fulfill its land requirements will be through voluntary donation. In such cases, the project will ensure that the donation of land is in fact ‘voluntary’ and free of any coercion—it will be a legally recorded market transactions in which the donor is given an opportunity to retain the land and refuse to donate it, and is fully informed about available choices and their implications – i.e. not involving expropriation. The project will maintain a transparent record of all consultations and agreements reached and subject to the World Bank approval, voluntary land donation will be one mode of land acquisition provided the following criteria is also met:

Voluntary Land Donation Criteria • Voluntary land donation will be limited to "Corridor of Impact" area only • Project affected people are fully aware of required procedures and entitlement as well as principle of land donation • Impacts on individual households will be marginal (limited up to 10% of the productive assets) and the remaining assets are economically viable to ensure livelihood and/or shelter and will not have an impact on third parties • Land donation will not cause relocation of households • The amount of land being donated will not reduce the donor’s remaining land area below that required to maintain the donor’s livelihood at current levels • Donor will benefit directly from the project • Potential donor or donors have been appropriately informed and consulted about the project and the choices available to them • The land donation is done in transparent manner without coercion • Potential donors are aware that refusal is an option, and have confirmed in writing their willingness to proceed with the donation • For community or collective land, donation will only occur with the consent of individuals using or occupying the land.

Land Donation Process The main steps that will be followed forland and other permanent assets donation process are the following. • The ULGs will inform local people about the sub-project activities • The DSC will identify individual land donors, amount of land to be donated and remaining holding, damage • Loss of residential structure and its percentage and loss of livelihood and minor structural damage or loss, at the time of social assessment and inform the affected people about their damage/loss. In case of major losses, voluntary land donation will not be permissible. • After availability of detailed records on project impacts (based on the SIAs), the ULGs will publish notice about land and other permanent assets acquisition. • The DSC will raise awareness amongst local people about the benefits of the sub-project and inform them about the provision of the project relating to land donation and structural damage. • The municipality with DSC and community organizations willassist donors and will fill the voluntary land donation form of the land donors. In case of any complaints, the affected persons will be able to approach the grievance redress committeesformed to hear complaints related to voluntary donation process. • The municipality in coordination with Land Survey Office will initiate cadastral survey of affected land parcels to update the land record, • The municipality will bear cadastral survey and land transfer cost and will take lead role for land ownership transfer and,

• The municipality through Social Development section or departments/DSC will prepare documents of each event and finally forward it to PCO in monthly, quarterly and annual report. The project will adopt different methods of social recognition such as writing names in the hoarding board, and/ or offering letter of appreciation to the owners for voluntary land donation. Where voluntary land donation has taken place following the Project Concept Note review and prior to appraisal, the RAP will provide guidance on undertaking due diligence to demonstrate that World Bank Policy on Involuntary Resettlement has been followed.

Land Transfer Process for Voluntary Land Donation After identification of land donors from social assessment study, such donors shall be assisted according to entitlement matrix and as proposed in ESMP. Individual land donation forms will be filled and land transfer process initiated. The land donors will be exempted from the tax of the government and other costs incurred during land ownership transfer. The record of voluntary contribution will be duly taken prior to signing of the contract. Land ownership transfer will be initiated prior to thecontract signing process and continue until the transfer is completed for all affected families/ parcels. The land transfer process involves different stages: i) Obtaining individual consent in written form from the affected people; ii) Mobilization of cadastral survey / surveyors from Land Survey Office; iii) Assistance distribution as per the entitlement matrix, and iv) Formal land transfer and update of revenue record and cadastral map.

5.2.4. Loss of other Assets Damage / Loss of Residential Structures Based on past experience, the nature of subprojects supported under NUGIP are likely to cause damages of various extents to the residential structures (e.g., road widening sub-projects). In the case of structural damage or loss of residential structures, such damages will be considered ‘major’ impacts and the concerned persons/households will be supported as per the entitlement matrix presented below. Further, the project will provide compensation to thetitleholders and non-title holders differently because the titleholders will lose land along with the structure, whereas the non-title holders will lose structure only. Damage or loss of other private structures such as compound wall, cowshed, water tap, tape pillar, tube wells, etc. are considered minor structures. In minor structural damage, the project will provide fixed assistance as per the entitlement matrix. For the damage and loss of common community structures such as resting place, water tank, temple, bus stops, culverts, foot trail, trial-bridge, and so on, the project willundertake repairs and renovations of damaged structures.

Loss of Livelihood/Income Source In case of loss of livelihood or income sources (e.g., petty shops like teashops, mobile/ temporary shop, etc) and/or land holdings following land acquisition being reduced to less than the minimum economically viable land holdings, the project will provide rehabilitation assistance to the affected people. Further, for such persons/households, livelihood assistance will also be provided.A one-time financial assistance in case of loss, or skills training and income generation support will be provided. Preferential access to employment opportunities in project-related construction will be given to vulnerable groups, as defined in the VCDF.

Crop Damage In case of possible damage of crops by the subprojects, the concerned people will be informed in advance giving time to harvest the crops from the field. However, in cases where crop damage do occur due to subproject activities, it will be considered as direct impacts for which the project will provide replacement value of the crops as per current market price in the same vicinity.

Loss of commercial structures Compensation for full or partial loss of structures will be provide at full replacement cost of materials and labor according to the structure type, with no deduction for depreciation. A notice to vacate will be issued at least 90 days prior to acquisition.

Impacts on community and cultural assets/facilities 32

Local community and cultural assets and structures which are affected will be restored in a same or better condition than they were before, or cash compensation provided at full replacement cost. This will be undertaken in consultation with the local community user’s groups.

Construction-related losses Care will be taken to avoid any kind of damage to private and public properties during construction. In case of any damages to private or public property, the affected parties will be compensated by the contractor.

Full details regarding loss of assets and other losses, together with corresponding compensation and other support are provided in the entitlement matrix at Table 5.1.

5.3. Preparation of RAP A social impact assessment, as referred in previous sections, will be undertaken for all projects with high to moderate social impacts to assess the potential social impacts of the proposed projects. Before commencement of construction under sub-projects, resettlement impacts will be identified, and RAPs will be prepared in accordance with this RPF, and will be submitted to the World Bank for review and clearance.

The outcome of the SIA will help determine the extent of the impacted PAPs which in turn will govern the preparation of the resettlement plans – which can either be an Abbreviated Resettlement Action Plans (ARAPs) or a full Resettlement Action Plan (RAPs). The PIU, with or without external support,will prepare the RAP. The compensation (if triggered) will be determined by the Compensation Fixation Committee (CFC) of the district. The project proponent is responsible for the implementation of RAP.

Abbreviated Resettlement Action Plans (ARAPs): An ARAP is prepared when the impacts of the entire displaced population are minor (if the affected people are not physically displaced and less than 10 percent of their productive assets are lost), or fewer than 200 people are affected.

Resettlement Action Plan is prepared for (a) projects involving acquisition of private land or permanent loss of private assets and livelihood, (b) if the project involves physical displacement and causes adverse impacts on more than 200 PAPs and (c) projects which requires resettlement sites.

The resettlement plans will be prepared based on the principles of World Bank Operational Policy (OP) 4.12 on Involuntary Resettlement, the national laws on land acquisition and this RPF. All affected persons will be fully consulted so that they have a chance to participate in the design and implementation of the A/RAPs. The Executive summary of thereport will be translated in Nepali language, communicated in local language and specifically announced though public consultation where the indigenous community is not integrated in mainstream community. Only after the Bank has accepted the RAPs will compensation, resettlement and restoration activities be initiated. Such activities will be completed before the commencement of civil engineering. The content of RAP & ARAP is provided in Appendix G.

5.4. Entitlement Policy Matrix The Entitlement Policy Matrix is prepared with a view to provide assistance and support to those who need some support and assistance following the process of land acquisition, even in instances where land donations are voluntary.

Key definitions 1. Affected area: means such area as may be notified by the appropriate Government for the purposes of land acquisition 2. Agricultural land: Means land used for the purpose of: (i) agriculture or horticulture; (ii) dairy farming, poultry farming, pisciculture, sericulture, seed farming breeding of livestock or nursery growing medicinal herbs; (iii) raising of crops, trees, grass or garden produce; and (iv) land used for the grazing of cattle; 3. Building: Means a house or other roofed structure of any material whatsoever but does not include a tent or other portable and temporary shelter;

4. Encroacher: A person who has extended their building, agricultural lands, business premises or workplaces into public/government land without authority; 5. Income: Income of the PAP shall mean the amount prior to the cut-off date from all occupations taken together calculated by an objective assessment; 6. Land: "land" includes benefits to arise out of land, and things attached to the earth or permanently fastened to anything attached to the earth 7. Project Affected Family: The Project Affected Family (PAF) includes the following: • family whose land or other immovable property has been acquired; • family which does not own any land but a member or members of such family may be agricultural laborers, tenants including any form of tenancy or holding of usufruct right, share-croppers or artisans or who may be working in the affected area for three years prior to the acquisition of the land, whose primary source of livelihood stand affected by the acquisition of land; • indigenous people and other traditional forest dwellers who have lost any of their forest rights recognized under the operational plan of community forest • family whose primary source of livelihood for three years prior to the acquisition of the land is dependent on forests or water bodies and includes gatherers of forest produce, hunters, fisher folk and boatmen and such livelihood is affected due to acquisition of land; • member of the family who has been assigned land by the State Government or the Central Government under any of its schemes and such land is under acquisition; • family residing on any land in the urban areas for preceding three years or more prior to the acquisition of the land or whose primary source of livelihood for three years prior to the acquisition of the land is affected by the acquisition of such land; 8. Project Affected Person (PAP) is any person affected either directly or indirectly by the project and/or project related activity, irrespective of the legal status and would include the following. • Title holders, • Encroachers, • Squatters, • Tenants, Leaseholders, Sharecroppers, • Employees, Landless laborers, 9. ProjectAffected Household (PAH): A social unit consisting of a family and/or non-family members living together, and is affected by the project negatively and/or positively; 10. Replacement Cost: A replacement cost/value of any land or other asset is the cost/value equivalent to or sufficient to replace/purchase the same land or other asset and other applicable taxes to be incurred by the affected person. 11. Shop: Means any premises where any trade or business is carried on and where services are rendered to customers; 12. Squatter: A person who has settled on public/government land, land belonging to institutions, trust, etc., and or someone else’s land illegally for residential, business and or other purposes and/or has been occupying land and building/asset without authority; 13. Temporary Impact: Impact expected during implementation of the project in the form of earth spoil, tremors and vibrations, etc. affecting land and structure 14. Tenant: A person who holds/occupies land-/structure of another person and (but for a special contract) would be liable to pay rent for that land/structure. This arrangement includes the predecessor and successor- in-interest of the tenant but does not include mortgage of the rights of a landowner or a person to whom holding has been transferred; or an estate/holding has been let in farm for the recovery of an arrear of land revenue; or of a sum recoverable as such an arrear or a person who takes from Government a lease of unoccupied land for the purpose of subletting it. 15. Vulnerable Households/PAPs: Vulnerable households/PAPs are those defined in VCDF as being vulnerable (see next section)

16. Cut-off date: In the cases of land acquisition affecting legal titleholders, the cut-off date willbe the date of issuing the preliminary notice under the Land Acquisition Act 2034. In cases where people lack title, the cutoff-date shall be thestart date when the census survey was undertaken by the project authority

Entitlements for Project Affected Persons (PAPs) The entitlement for different categories of impacts is explained in the following entitlement matrix. Briefly, the entitlement matrix presents the entitlements for different impact categories in the following order: 1. Impact to title holders which covers a. Loss of land b. Loss of residential structures c. Loss of commercial structures 2. Impact to tenants and leaseholders a. Residential b. Commercial 3. Impacts to non-title holders a. residential squatters b. commercial squatters c. encroachers 4. Impacts to trees, plants and standing crops 5. Loss of livelihoods (Permanent loss and Temporary disruption to income) a. Owners b. Employees in shops, agricultural laborers, sharecroppers etc., 6. Impacts to Vulnerable Households 7. Impacts to Community Assets 8. Loss of Access to Residences/place of business 9. Unidentified impacts

The exact value of compensation and replacement cost will be different for each sub-project activity at different project locations and willbe based on the economic and social survey of the area of the activity and of the affected persons. An indicative entitlement matrix for NUGIP project is furnished in thetable below.

Table 5-1: Entitlement Matrix applicable for the Project Type of Loss Entitlement Unit Description of Entitlement Implementation procedures Agricultural, Residential, Commercial, Pasture and Forestry Land Loss of Private Titleholder • Provide compensation at full • A List of available public land in land under any replacement cost orprovide full each municipality is required. form of tenure title to land of equal area and • A list of affected and entitled productivity acceptable to owner persons and the area of land loss is in the vicinity. required. • If land is not available • Notice to vacate the land should elsewhere, provide cash be served at least a month priorto compensation at full acquisition date. replacement cost based on • To ensure fair compensation, current market rate. determination of rates will be • In the case of farmland, established not more than one year compensation for cultivation prior to property acquisition. disruption allowance equal to • Land registration in the name of one-year production. both landowner and spouse (in case • In case of vulnerable of land for land compensation) groups,give preference for land- • In case of cash compensation, for-land compensation deposited into a joint account in • Ensure that resettlement the name of both landowner and assistance in addition to spouse. compensation for land occupied (land, other assets, employment) at least restore their livelihoods and standards of living to pre- displacement levels. • If remaining land becomes unusable as a result of land acquisition, option provided to landowner to relinquish unusable remaining portion of land and receive similar benefits to those losing all their land parcel(s). Loss of Landowners • Both the landlord & the tenant • Where a renter/leaseholder has a Tenancy Land Tenants will be entitled for 50 percent of share cropping arrangement, the land compensation amount each compensation payable should be (As per 2058 B.S. amendment in apportioned according to the Land Reform Act). arrangement. • Non-registered • An advance prior notice will be tenant/renter/lease holder does provided to landlord and tenant not qualify for compensation for land losses; however, they will be entitled to compensation for standing crops and any other assets built by them. Any upfront cost for the tenancy agreement will be reimbursed. Temporary Titleholder Tenants • Compensation for crop, land • Advance notice for crop Loss of Private and landlord productivity and other property harvesting Land (As both are the losses for the duration of owner of equal (i.e. temporary occupation. 36

Type of Loss Entitlement Unit Description of Entitlement Implementation procedures 50 %) share, hence • Compensation for other • The owner/entitled party will sign treated as private disturbances & damages caused a temporary occupation contract land holder. to property. specifying: • Project and the municipalities 1. Period of occupancy, to ensure that persons other than 2. The terms and conditions for the owner affected as a result of calculation of production temporary acquisition are losses, compensated for the temporary 3. The frequency of period. compensation payment, and • Land should be returned to the 4. Annual inflation adjustment owner at the end of temporary 5. Land protection and acquisition period, restored to its rehabilitation measures. original condition or improved • Advance notice to vacate the land as agreed with owner. before civil works start • Compensation for any losses crops/structures, Land donations Voluntary donation • No compensation for the • Verify the requirements of the is accepted only if : donated land, but entitled for donation • AP is direct compensation of other assets • Carry out due diligence on the project beneficiary such as minor structure, trees, owners and users of land donated: and is fully crops, allowances, etc. identify rightful owner(s); any consulted and • Transfer of land ownership competing claims of ownership or informed about • Free of any transfer costs, use; structures and assets on the rights and choices registration fees or charges land; any encumbrances on the available to them; • Preferential employment in land. • AP doesn’t fall project construction • Ensure appropriate consultation below poverty line and disclosure after land donation; • Establish informed consent of the • No household person donating land relocation is • Sign written commitment; local involved. witness or third-party verification • Landowners have to the commitment letter agreed to donate; • Maintain a transparent record of • AP is freely all consultations and agreements willing to donate, reached. is awarethat refusal is an option (with an agreement, including a "no coercion" verified by a third party); and • Impact limited to less than 10% of landholding and minor assets • Land is free from disputes regarding ownership or tenure Trees and Crops

Type of Loss Entitlement Unit Description of Entitlement Implementation procedures Loss of Trees & Owner of affected • Advance notice to harvest • Inventory of the tree and plant Crops trees, fruits and crops species list (Perennial/ crops • Net value of existing crops • List of owners, non-perennial Non- perennial) where harvesting is not possible. crops and the area (if applicable) of • The crops, which live, in short cultivation time will be paid in accordance • The APs will get notice 2 months with one-year output value. The in advance regarding crop crops which have lived for harvesting. Crops grown after the several years will be issue of the notice will not be compensated at market value on compensated. the basis of loss of future • The work schedule for production, based on 5 years construction works will be adjusted annual net production for fruit & considering the crop seasons for fodder trees & 3 years annual avoiding crop damage. net production for timber/ fuel • Crop/trees/bamboo market values wood trees & other perennial will be determined by the CDCs in crops consultation with District agriculture and forestry office. • Where a tenant/renter/lessee & landowner have a share cropping arrangement, the compensation payable will be apportioned according to the lease arrangement. • Materials may be salvaged with no deduction from compensation Structures and Other basic facilities Loss of Titleholder /non- • Compensation for full or • Replacement cost at market value privately- titleholder partial loss of structures at full of structures will be determined by owned replacement cost of materials the municipalities in consultation structures and labor according to structure with the Malpot(land revenue (residential, type, with no deduction for office), local experts and commercial depreciation. compensation prices will be and other • Resettlement assistance (rental, finalized with participation of AP structure) dislocation and transportation representatives. allowances) for residential and • Other structures that will be commercial structures. considered for compensation if • Households which lose affected under the project include: residential structures and/or toilet, sheds, walls, fences, water more than 10% of their land. mills, workshop etc. Are entitled to receive additional • Materials may be salvaged with training or benefits no deduction from compensation. • Notice to vacate at least 90 days prior to acquisition. • Renter/ lessee holder will not be entitled for compensation of structures. However, if the structures are made by them, they will be entitled to compensation or the nature of compensation will be in accordance to the lessee agreement Community and Cultural Assets/ Facilities

Type of Loss Entitlement Unit Description of Entitlement Implementation procedures Loss of land Local community • Restoration of affected • The land revenue office in the and structures user’s group structures by the project leaving district and concerned Municipality such facilities in a better will be requested to assist condition than they were before; communities for land replacement or cash compensation at full identifying the area nearby. replacement cost. • Restoration of access to community resources. • The land revenue office in the district and concerned Municipality will be requested to assist communities for land replacement identifying the area nearby. Loss of Forest user’s group • Mitigation measures should be • List of plant and tree species lost community (FUG)/Other initiated to control erosion and an assessment for maintaining forests and Concerned Groups caused by tree cutting, and to the samekind of vegetation. other natural stabilize and rehabilitate the • Compensation for trees calculated resources due slopes with suitable on the basis of type, age, and to construction bioengineering works and productive value of affected trees vegetation. in consultation with concerned • Community forestland lost due forest office and FUG. to construction activities should • To minimize damage, the be replaced and reforested. concerned forest office will be • Advance notice to harvest requested to take necessary action. resources from affected community forest areas. • Compensation for trees to the FUG. Rehabilitation Assistance Displacement Titleholders • Housing displacement • Displaced households will of household Tenants allowance for loss of own receive a house rent allowance for residential accommodation 6 months • House rental allowance • Allowances will be paid at the • Transportation allowance time of serving the notice to vacate.

Loss of income AP from • One-time financial assistance Vulnerable groups as defined in the Vulnerable groups in case of loss of income; or VCDF • Skills training and income generation support • Preferential access to employment opportunities in project-related construction works • Priority to vulnerable group and affected households for skilled/unskilled employment. Damages caused during Construction – temporary losses Any kind of All categories of • Extreme care willbe taken by private and entitled persons municipalities and their public contractors to avoid damaging properties public and private property. 39

Type of Loss Entitlement Unit Description of Entitlement Implementation procedures • Where damages do occur to public or private property as a result of construction works, the affected parties shall be compensated immediately for damages to crops and trees, damaged land, structure and infrastructure shall be restored immediately to their former conditions. • Compensation at market price for the loss of income, damaged crops, trees etc.

5.5. Monitoring and Reporting of RAP Monitoring is a major part of the RAP to ensure its goals and objectives are adequately met. The implementation of RAP willbe monitored internally bythe municipality staff. The safeguards staff (E&S) within Municipalities, DSCs and PCO will monitor the project site in the initial design and planning, construction, post construction and operational phase of project to ensure that compensation and all rehabilitation and resettlement issues related to each subprojects are well addressed and are complied with the requirements mentioned in ESMF. Municipalities will prepare quarterly progress reports and submit them to PCO. PCO will prepare semi-annual monitoring reports and submit to the World Bank. The reports will cover RAP implementation, focusing on compliance and any corrective actions needed as per the ESMF. Public consultation will be conducted as necessary during preconstruction, construction, operation phases.

The role of DSC in this process will include impact assessments, resettlement planning/management, supervision of compensation disbursement, on-site safety, etc. It is proposed that E&S Department of municipality will review RAP- ARAP Reports prepared by DSCs, disbursement of compensation to PAPs and to supervise contractors work to ensure E&S Safeguard as per World Bank standard.

5.6. Stakeholder Consultation and Grievance Redress Stakeholder consultations and public participation will run through the whole resettlement process. RAPs will describe all measures taken or to be taken to provide compensation and other R&R assistance, involve the affected persons in the proposed resettlement arrangements, and foster a sense of participation in livelihood or living standard improvement and/or restoration activities. To ensure that the opinions and suggestions of the affected persons are fully considered, public participation will be conducted prior to finalization of project design. Public participation will run through the whole RAP planning, implementation and external monitoring processes. At the RAP drafting and finalization stages, the individual RAPs will be disclosed to the affected persons and to the public at certain places of the project site and in relevant languages. The final RAP will be disclosed again after review and clearance by the World Bank.

The manner in which stakeholder consultations are carried out may need to be altered to minimize the risk of COVID- 19 transmission. Chapter 8 Stakeholder Engagement provides some guidance for adapting stakeholder consultations in the COVID-19 context.

In order to ensure that the affected persons have a channel to lodge any grievance on any issue concerned to land acquisition and resettlement, a grievance redress procedure will be available at the various levels, which includes relevant escalation points. A separate grievance redress mechanism will not be created for the project if there is already an existing grievance mechanism at the local level. Where there is none existing at the local level, one will be created.Unsatisfied grievantwill also have recourse to judicial and administrative mechanism, and the World Bank’s Grievance Redressal System (GRS).

6. VULNERABLE COMMUNITY DEVELOPMENT FRAMEWORK (VCDF)

The objective of the Vulnerable Community Development Framework (VCDF) is to guide the preparation of the Vulnerable Community Development Plan (VCDP) for the sub projects that will have animpact on vulnerable communities. The impact on vulnerable communities and the need of a VCDP will be identified through a social screening process.

The VCDF serves as a practical tool that will help ensure that the project fully respects the dignity, human rights, economies and cultures of vulnerable communities (VCs), including the Indigenous Peoples. The framework also aims to ensure that the project benefits are accessible to all vulnerable communities living in subproject areas. Additionally, it details agreed principles, policies, guidelines and procedures to be integrated into project implementation and will be in compliance with the applicable GoN’s laws relating to indigenous peoples and other marginalized groups, and the World Bank’s safeguard policies and objectives relating to Indigenous Peoples.

While NUGIP will supportinfrastructure that will benefit all groups, due to social conditions of vulnerable communities (VCs), their representation, participation and access to services could be limited, hence there is a requirement foradditional support from the project. Specifically, the project will provideextra consideration to Adivasi-Janajati and other vulnerable communities that will minimize the magnitude of impacts and provide support to ensure benefits; and will also ensure their participation in the project cycles. Thus, this Vulnerable Community Development Planning Framework (VCDF) has been designed to ensure that vulnerable groups, including Indigenous Peoples, are regarded as special interest groups, and that impacts on their livelihoods are minimized and addressed in a sensitive manner.

6.1. Classification of Vulnerable Groups in Nepal Nepal is a country of significant diversity in many dimensions. The 2011 census of Nepal recorded the presence of 125 caste and ethnic groups, 123 languages spoken as mother tongue, and ten different types of religious groups. Indigenous Peoples of Nepal are officially described as Indigenous Nationalities (Adivasi-Janajati) and make up for 35.81 per cent of the country's total population (approximately 8.5 million out of the 26 million Nepalis). Indigenous Peoples in Nepal have distinct cultures, languages and belief systems. They live across the country – the mountains, the hills and the plains.

As per the Article 42 of GoN’s Constitutional Right to Social Justice(1-5),socially backward women, Dalits, indigenous people, Madhesi, Tharu, Muslim, people with disability, farmers, laborers, people from backward region could be termed as vulnerable and need special protection and provision for empowerment. Therefore, vulnerable groups can be broadly be categorized as 1. Indigenous Peoples 2. Poorest of the poor, irrespective of class, caste, gender and ethnicity 3. Female headed poor households 4. Marginal land holders 5. Elderly-headed (Jestha Nagarik) or child-headed households 6. Household members with disability 7. All Dalit and ethnic minorities/ indigenous groups as categorized by GoN as being vulnerable

Given the multi-ethnic, multi-lingual, multi-religious and multi-cultural nature of the social system in the project specific municipalities, it is difficult to clearly separate the Indigenous Peoples (IPs) from other vulnerable groups. The IPs and disadvantaged groups, though belonging to different ethnicity and/or social group, share commonalities in terms of their economic and livelihood activities. Further, gender, caste and ethnicity have been officially acknowledged as primary factors that determine a group's vulnerability and marginal status owing to: (i) limited access to livelihood, assets and services; (ii) low levels of social inclusion and empowerment; (iii) restricted legal inclusion and representation in decision-making positions; and (iv) economic marginalization. Thus, this framework has been prepared in a manner that would ensure that the principles of World Bank’s OP 4.10 on Indigenous People are followed and that the different categories of vulnerable groups, including indigenous people, are able to benefit equally from the project while the adverse impacts are minimized.

6.2. Baseline of Vulnerable Groups in Nepal

Women headed household The high rate of female-headed households in Nepal, as well as the project specific districts, is largely due to high migration rates (8-10%) among males of productive age. It is noted however that contrary to other countries, female- headed households are, on average, less poor than the male-headed households. Studies conducted in 2004 showed that only 24% of the female-headed population lived below the poverty line compared to 32% of male-headed households. Some have attributed this difference due to higher remittances flowing to female-headed households – approximately 65%, in contrast to only 24% flowing to male-headed households. Further, during the stakeholder consultations within the municipalities, it was pointed out that due to GoN’s tax incentive for registering land on woman’s name and efforts from municipalities to establish single woman networks, the status of woman headed household has improved.

Landless and economically poor Data from the Nepal Living Standards Survey 2010/11 and Agriculture Census 2011/12 indicates that in all of Nepal, 22.9% of households do not own any agricultural land; 10.4% do not live in their own house; and 3% do not have any land holding. It is likely that the data for the 14 project specific districts would be comparable. Thus, the project will take special measures to address the needs and concerns of these groups while preparing and implementing the project.

Adivasi and Janjati’s The Nepal Federation of Indigenous Nationalities (NEFIN) has categorized the 59 indigenous peoples into five groups based on developmental indicators (e.g. literacy and education, income, wealth, land holding and other assets) as follows: Table 6-1: Classification of Indigenous People on development 1 Endangered Group Kusunda; Bankariya; Raute; Surel; Hayu; Raji; Kisan; Lepcha; Meche; and Kusbadiya 2 Highly marginalized group Majhi; Siyar; Lohmi; Thudam; Dhanuk; Chepang; Satar (Santhal); Jhagad; Thami; Bote; Danuwar; and Baramu 3 Marginalized group Sunuwar; Tharu; Tamang; Bhujel; Kumal; Rajbansi; Gangai; Dhimal; Bhote; Darai; Tajpuriya; Pahari; Topkegola; Dolpo; Free; Mugal; Larke; Lohpa; Dura; and Walung 4 Disadvantaged group Chhairotan; Tangbe; TinganuleThakali; Bargaule; MarphaliThakali; Gurung; Magar; Rai; Limbu; Sherpa; Yakkha; Chhantyal; Jirel; Byansi; and Yolmo 5 Advanced group Newar; and Thakali. Source: Nepal Federation of Indigenous Nationalities (NEFIN) 2004

The advanced group is not taken into consideration while describing the vulnerable groups. In Nepal, census survey was conducted in 2011 and the data so collected is disaggregated only on the basis of caste and gender. Therefore, it is very difficult to estimate number of people under other vulnerable group. Table 6-2: Population of Indigenous People in project specific districts Name of the District Population of IP in the Total Population of the Percentage distribution district district of IPs in the districts Baglung 84656 268,613 31.51597 Dhankuta 84393 163,412 51.64431 Jhapa 309308 812,650 38.06165 Kaski 152104 492,098 30.90929 Morang 333528 965,370 34.54924 Palpa 145167 261,180 55.58121 Parsa 78230 601,017 13.01627 Rupandehi 207444 880,196 23.56793 42

Name of the District Population of IP in the Total Population of the Percentage distribution district district of IPs in the districts Saptari 128249 639,284 20.06135 Sunsari 237064 763,487 31.05017 Syangja 91550 289,148 31.66199 Tanahu 144310 323,288 44.63822 Terhathum 52186 101,577 51.3758 Udayapur 162731 317,532 51.24869 Grand Total 2210920 6,878,852 36.34872

The data above depicts that close to 37% of the population in the project specific districts is constituted by indigenous peoples.

Madhesis Madhesi by definition means people who inhabit the flat southern region of Nepal (the Terai plains). All the NUGIP municipalities in the eastern cluster, except Dhankuta have presence of madhesi groups. In these municipalities, theTeraidalits, terai caste groups, dumjhangar, bantar, muslims, are the most socially backward groups. The composition of these caste groupsis shown in the graph below:

Source: South Asia Check

Figure 6-1: Composition of Madhesi Caste Groups

Data on other vulnerable groups is not available in census data as the survey did not capture these dimensions.

6.3. Preparation of VCDP for the sub-projects The need for VCDP will be identified through a social screening process carried as part of the environmental and social screening for the project investments during the sub-project identification stage. The screening will help determine whether vulnerable communities will be affected, either positively or negatively, by the proposed sub- project activities.

If social screening indicates presence of Indigenous Peoples in the subproject area, a social assessment will be carried out. The assessment will comprise ofsocio-economic survey, focused group discussion and social mapping etc., in the subproject area to identify the vulnerable groups and determine the magnitude of impact andascertain losses such as temporary impacts, severity of impacts etc. Information will be collected from separate group meetings withthe different groups of vulnerable communities. A free, prior and informed consultation will be carried with indigenous

peoples to ensure that there is broad community support for the project. The significance of impacts of the subprojects on vulnerable community will be determined by assessing the magnitude of impact in terms of: • Socioeconomic status • Cultural and communal integrity • Health, education, livelihood, and social security status and on the level of vulnerability of the affected person/group/community • Inclusion/exclusion dynamics • Customary rights of use and access to land and natural resources

VCDP will be prepared based on the findings from social assessment and consultations with the vulnerable groups, including indigenous people. The VCDP willinclude mitigation measures of potential adverse impacts through revision of subproject design and development assistance to maximize subproject benefits. The subproject willensure that the rights of vulnerable groups, including indigenous people, will not be violated and that if land acquisition or structural losses involve vulnerable communities then they will be compensated for the use of any part of their land or property in a manner that is socially and culturally acceptable to them. The subprojects willfollow the process and procedures as well as compensation measures prescribed in RPF.

6.4. Potential Impacts and Identification of Mitigation measures Table 6-3: Potential Impacts and Mitigation measures S. No. Potential Impact on VG Proposed Implementation Institutional Mitigation Phase Responsibility Measure 1 Lack of representation of Covered in SECF vulnerable groups

2 Consultative and participatory approaches not adopted 3 Exclusion in the decision-making Prioritising Planning stage Municipality, ward process for selection of investments on the and Tole beneficiaries and also during needs of VCs committee project design Ensure representation of VCs in public consultations

4 Baseline data not disaggregated Public consultation Social Assessment/ DPR and ESIA and thus assessment of needs, during baseline Planning Stage consultants benefits and impacts of the project survey inadequate

5 Insufficient analysis of Social mapping Social Assessment/ Municipality, ward differentiated priorities for design Planning Stage and Tole of human settlements, location of Assessment of the committee housing and provision of urban needs and social services in the social assessment. barriers of different Gender/caste/ethnicity/location- vulnerable groups. differentiated access to Conduct separate employment and income-earning and exclusive opportunities, access to public FGDs with park, public toilets, public taps, vulnerable groups public hall and temples

6 Limited access to common Prior information Preconstruction, Contractor, Tole/ property or natural resources about the impacts Construction stage Municipality staff, shared with the DSCs, PCO, affected VCs

Arrangement for various concerned alternative route to authorities provide access to the resource Arrangement for alternative access to the same resource 7 Persistent discrimination and ill- Engaging VCs in Preconstruction, practices against VCs various project Construction & development Operation stage Lack of proper attention to activities at various measures to empower vulnerable stages of project groups Engaging representatives of VCs in decision- making forums relating to project design, implementation and monitoring 8 Geographical isolation (due to the Identify settlements Preconstruction, remoteness, lack of located in remote Construction & transportation)causing project to areas, to the extent Operation stage place less priority to remote areas possible, and inform them about the project so that they can get the chance to engage themselves in project development works

9 User charges for infrastructure Subsidized user Operation stage services unaffordable to vulnerable charges for groups vulnerable groups

10 Disruption ofcustomary rights of Compensation & Preconstruction, use and access to land and natural livelihood Construction resources restoration

11 Impacts oncultural and communal Shifting, Preconstruction integrity restoration of cultural properties in consultation with the concerned VCs

12 Undermining ofindigenous Engage VCs, Preconstruction, knowledge including Construction & indigenous people, Operation stage in decision making throughout the project cycle

13 Project features inattentive to the Adopt universal Preconstruction, needs of people with disability access as a major Construction Phase design principle Ensure disability- friendly design consideration in the project, to the extent possible 14 Inadequate representation of Include women Preconstruction women in opportunities provided when targeting under LIPW beneficiaries under the LIPW 15 Inadequate representation of Include vulnerable Preconstruction vulnerable groups such as Dalits in groups when opportunities provided under targeting LIPW beneficiaries under the LIPW 16 Inadequate representation of Ensure that groups Preconstruction vulnerable groups including represented women and Dalits when vulnerable interests identifying LIPW subprojects are involved when LIPW subprojects are selected

6.5. Consultation and Information Disclosure Information disclosureand public consultations are important and necessary during sub-project preparation and implementation as well. As such, during project implementation, meaningful consultation, including with vulnerable groups, will be a continuous feature. It is envisaged that such an approach would enable project affected people, vulnerable groups, and other stakeholders to participate in and contribute to the project planning and implementation, and thereby help minimize adverse impacts and maximize benefits.

Once the project-targeted vulnerable groups have been identified, ‘free, prior, and informed consultations’ will be held with vulnerable groups, including IPs. Concerns raised during the consultations will be documented and incorporated in the overall project design, the project implementation plan and the individual vulnerable community development plan.

During the preparation of VCDP, consultations will also be held with relevant departments and district level offices of the government, project-affected groups, community-based organizations, women’s groups, indigenous peoples’ organizations, etc., and also at local levels about the project’s environmental and social aspects. To ensure meaningful consultations, the concerned groups will be provided with the draft documents in a timely manner prior to consultation and in a form and language that is understandable and accessible to the groups to be consulted (See SECF of the Environment and Social Management Framework (ESMF) for summary discussions of the consultations).

Once the VCDPs are prepared they will be disclosed through municipalities’ website. The VCDP will also be made available at both central/sub-project level project co-ordination offices and municipalities and respective ward offices. Further, summary of VCDPs in Nepali language will be made available to the concerned communities, local level NGOs and the others concerned at the subproject sites.

A detailed engagement and consultation process is outlined in the SECF section of the ESMF which is also applicable to vulnerable communities.

The manner in which stakeholder consultations are carried out may need to be altered to minimize the risk of COVID- 19 transmission. Chapter 8 Stakeholder Engagement provides some guidance to adapting stakeholder consultations in the COVID-19 context. 46

6.6. Institutional Responsibilities As mentioned above, the necessity for a VCDP will be determined based on social assessment and stakeholder consultations which will be conducted by DSCs and municipal officers. If it is found that VCDP is necessary for any sub-project, the DSC will develop VCDP and get it approved through municipality and PCO. The VCDP will be implementedthroughout the initial design and planning, construction, post construction and operational phase of project to ensure that concerns pertaining to vulnerable community for the subproject/s are well addressed and complied with the requirements mentioned in ESMF. The safeguards staff (E&S) within Municipalities, DSCs and PCO will monitor the project site in the municipalities, prepare quarterly progress reports and submit them to PCO. The PCO will prepare semi-annual monitoring reports and submit to the World Bank. The reports will cover the implementation of VCDP, among others, focusing on compliance and any corrective actions that may be needed. Public consultations will be conducted as necessary during the preconstruction, construction, operation phases of the subprojects. The role of DSC includes preparing VCDP for subproject/s, if applicable while the E&S departments of the respective municipalities will review VCDP prepared by DSCs, disbursement of compensation to PAPs, and to supervise contractors work to ensure effective implementation of VCDP as per the ESMF.

6.7. Stakeholder Consultation and Grievance Redress Consultations as part of the implementation stage will involvedirect interactions between the municipality project engineers, the Environment and Social Development Staff of the municipality, and the Project Affected Persons especially from the vulnerable communities. These would comprise consultations relating to relocation of the PAPs, relocation of cultural properties and addressing the impacts on common property resources (CPRs) such as places of religious importance, community buildings, trees, etc. With the implementation of the R&R provisions in progress, consultations and information dissemination will be undertaken to inform the affected persons about the progress of the same. Implementation stage will also involve redress of grievances in case of R&R issues and environment and social concerns as discussed in detail under Chapter 9 of the ESMF.

7. SEA/SH RISK MITIGATION ACTION PLAN 7.1. Need and Purpose Nepal ranks 118 out of 160 countries on the Gender Inequality Index8. In relation to that, most women face various kinds of violence since the time they are conceived to old age. Violence against women are gender-based where there is unequal distribution of power dynamic between men and women.

The Nepal Demographic and Health Survey (NDHS) 2016 records 23 percent women experiencing physical violence with significant differences across various social groups. The experience of such violence was highest among Madhesi Dalit women at 44 percent, Muslims at 38 percent while only 9 percent of hill Brahminsreported having experienced it. By province, women’s experience of physical violence varies from a low of 12 percent in Province 4 to a high of 34 percent in Province 2. Besides physical violence, about 12 percent of women in Nepal also reported having experienced emotional violence with 17 percent to 19 percent Madhesi Brahman Chhetri, hill Dalit and Newar women, respectively experiencing it. Seven percent of women aged 15-49 reported having experienced sexual violence. Divorced, separated, or widowed women are much more likely to have experienced sexual violence (20%) than currently married women (8%) and never married women (2%). Likewise, women with only primary or no education are more vulnerable to sexual violence than educated women.

The current status of gender inequality and gender-based violence in Nepal reveals the need to mainstream gender sensitivity and GBV, and more specifically, sexual exploitation and abuse, and sexual harassment (SEA/SH) risk mitigation measures at all organization levels and all phases of project cycle. In Nepal, SEA/SH is prevalent due to unequal gender relations and discrimination towards women in both public and private sphere. It has direct implications on the reproductive health status of women and physical, emotional, and mental health of their children.

The purpose of this action plan is to identify the issues, stakeholders, possible service providers and assess their capacity and document the legal and institutional mechanisms that aid in accessing grievance redressal related to gender-based violence. The action plan focuses on sensitizing the communities and other stakeholders andstrengthening the institutional capacities to respond to the risks of such violence. In preparing the plan, a survivor- centric approach is followed - all through, victimssurvivors’ care and provision for access to different referral mechanisms, are considered key aspects of this plan.

One of the key aims of the project is to address critical gaps in core municipal services and infrastructure. For Year 1, four sub-project areas have been identified namely, in Pokhara, Damak, Urlabari and Birtamod, all of which except for Pokhara, fall in Terai belt. All four subprojects involve upgradingof the road within the ROW (Right of Way). Out of the total human resources, approximately two thirds are unskilled labors and one third skilled labors. To the extent possible, laborers will be from the host community, and if not, from other parts of Nepal or neighboring countriesincluding India. There are cases of domestic violence in the sub-projects and at least 80% of women do not report cases of domestic violence, and beating is considered a common practice. In Birtamod, the practice of child marriage is prevalent within the Dhimal and Satar community while in Pokhara teenage marriage has become a common practice. With Pokhara being a tourist spot, risk of child labour is also prevalent as well a commercial sex work leading to high risks of sexually transmitted disease. Trafficking of girls is high in Jhapa as they share border with India.

Based on the SEA/SH Risk Assessment checklist and assessment carried out for the project by the World Bank, the Project’s SEA/SH risks are assessed to be “Low”. Accordingly, this action plan has addressed “Table – 1: Recommended actions to address SEA/SH Risks in IPF Projects” as per the “Good Practice Note” published by the World Bank in September 2018.

This action plan is intended for and is applicable to Project implementing agencies, including contractors, and cover the Project’s footprint and adjoining communities.

7.2. Legal and policy environment for women’s safety Nepal is party to 16 international human rights instruments including the International Covenant on Economic, Social and Cultural Rights, 1966, the International Covenant on Civil and Political Rights, 1966, the Second Optional Protocol to the International Covenant on Civil and Political Rights, 1989, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 1984 and the Convention on the Elimination of all forms of Discrimination Against Women (CEDAW), 1979. By ratifying these conventions, the Government of Nepal has committed to guaranteeing equality to both men and women in all spheres of their lives, which entails ensuring that they are not subject to sexual harassment. General Recommendation No.19 (eleventh session, 1992) of the CEDAW Committee clearly stipulated that gender-based violence is a form of discrimination that seriously inhibits women's ability to enjoy rights and freedoms on the basis of equality with men.

8UNDP Human Development Report 2017 48

Under the Constitution of Nepal 2015, GBV has been quoted under the fundamental rights of women (Article 38) as "No woman shall be subjected to physical, mental, sexual, psychological or other form of violence or exploitation on grounds of religion, social, cultural tradition, practice or on any other grounds.” Similarly, Part 4 of the Constitution, under directive principles, policies and obligations of the state, directs the policies relating to social justice and inclusion be directed toward making self-dependent the women who are vulnerable, subjected to social and family exclusion and victims of violence self-reliant by making their rehabilitation, protection and empowerment (Article 51-j-2). The constitution under Part 27 makes provisions for various constitution commissions and under Article 253, filing cases against any persons or bodies on matters of violence against women or being subjected to social ill- practices or infringement of or deprivation of enjoyment of women’s rights is listed as a major function, duty and power of National Women Commission.

The Gender Equality Act in 2006, brought tangible legal changes to sexual violence against women. A major achievement of this act is the provision that an offender convicted for rape must compensate the victim for mental and physical damage. Also important is the 2009 Domestic Violence (Crime and Punishment) Act, which recognized for the first time that domestic violence is a crime punishable by law. However, while the act recognizes domestic violence as a crime, it contains provisions for negotiations through police offices, which seems contradictory. Also the National Civil Code Act 2017 states not to commit any inhumane or degrading treatment or domestic violence and the Criminal Code Act 2017 states that violence against women in form of accusing of witchcraft or practicing of ‘chhaupadi’ tradition9 and sexual violence is treated as criminal offense. Although there are some laws and provisions against domestic violence, many victims are left without support mainly because of the poor mechanism to deliver support services as well as a lack of awareness among people regarding such provisions.

The Human Trafficking Act (2007) extended the definition of trafficking to include the offense of transportation for the purpose of trafficking. With this extended definition and other support measures, the new Act helps to control human trafficking and affords needed support and care for victims.

Apart from these laws and policies, the Supreme Court has also issued orders at different times prohibiting different malpractices that contribute to GBV. For example, the Supreme Court issued a directive order that required the government to declare Chhaupadi as a malpractice based on superstitious beliefs. Similarly, the court issued a directive order requiring the government to launch a massive awareness campaign to stop the exploitation of women accused of practicing witchcraft.

Further, the government's National Safe Motherhood Plan (2002-2017) recognizes GBV as an important issue for women's health. The Nepal Health Sector Implementation Plan 2010-2015 has outlined GBV as an integral component of health care provision. Protocols on the management of GBV, including sexual abuse, have been developed and are now operational. These protocols will study the feasibility of implementing a screening and support program at Maternity Hospital, Kathmandu for GBV. 7.3. Recommended Actions to Adddress SEA/SH Risks

Table 7-1: Recommended actions to address SEA/SH Risks

Objective Indicator Activities Timeline Responsibility Project Appraisal Include the Low SEA/SH risks Conduct consultations and As part of PCO/PIU assessment of highlighted and identify key SEA/SH risks in ESIA SEA/SH risks (as preliminary project areas and indicate the low SEA/SH risk) mitigation measures measures to be adopted for the as part of the identified Project. social/gender assessment in Mapping completed Map out SEA/SH prevention and project’s of available, quality response services in project area Environmental and services in the of influence – Reference to be Social Impact project affected area made from the service mapping Assessment (ESIA) that already exists at the national level

9Chhaupadi is a tradition associated with the menstrual taboo, in the western part of Nepal which prohibits Hindu women and girls from participating in normal family activities while menstruating, as they are considered "impure" 49

Reflect SEA/SH SEA/SH Action Address how SEA/SH-related During PCO/PIU risks, and measures plan included in the costs will be reflectedin the preparatio to address them, in ESMP contract, including the n of ESMP Project ESMP and procurement documents, to Contractor ESMP Procurement for mitigate risks. including the costs. SEA/SH related activities and costs Clearly define the outlined in the SEA/SHrequirements and contract. expectations in a note to bidders. Develop # of awareness and TOR developed for community During PCO/PIU10 stakeholder consultations held awareness raising activities preparatio engagement plan (specialized service n of ESMP Inform providers/contractors/NGOs communities in identified and hired under Prior to project areas of contract) and awareness and contractor SEA/SH risks and consultations carried out. mobilizati options for on response Formulate and CoC developed, Develop CoC and include it in all Prior to PCO/PIU/Cont adopt code of included in all contracts and also in operations contractor ractor conduct including contracts, and staff, manual and provide training to all mobilizati sections on safety consultants, on of women and girls contractors trained.

Hiring a Gender Appointment of Ensure implementation of the PCO/PIU Specialist with gender specialist ‘Action Plan’. expertise on with SEA/SH SEA/SH to advise expertise Provide technical support for and monitor action conducting the trainings. plan during project Measure implementation effectiveness of Develop tools, monitor and SEA/SH Action evaluate the action plan items and Plan over a certain report on a monthly, quarterly and number of months annual basis.

Project Implementation Codes of Conduct # of people oriented Ensure requirements in CoCs are Contractor, signed and and trained on CoC. clearly understood by those Consultant, understood signing it. PIU. # of people who signed CoCs Have CoCs signed by all those with a physical presence at the project site.

Train project-related staff on the behavior obligations under the CoCs.

Disseminate CoCs (including visual illustrations) and discuss with employees and surrounding communities. Awareness on #no. of people made Conduct training on SEA and SH PIU and Sexual exploitation aware of SEA and for project workers and local Gender and abuse (SEA) SH issues community. specialist of the and sexual project harassment (SH).

10 PIU is understood as Destination Level Units11 As per Article 221 (Subsection 1) of the Constitution of Nepal 2015, the municipalities are required to establish a separate act or regulation which will outline the roles and responsibilities of the judicial committee. 50

IEC material on Implement stakeholder GBV, Codes of engagement plan and conduct Conduct, etc. put up community awareness raising in the work site, programs about SEA/SH labor camps, mitigation measures – eg. Codes surrounding of Conduct, GRM, how to report communities. and provide multiple entry-points

Establish and Availability of an Provide appropriate referral to Gender strengthen effective GRM with complainants. specialist of the grievance redressal multiple channels to project initiate a complaint At project level, select one relating to SEA/SH. women member as first point of contact for the survivors of SEA/SH and provide appropriate Number of SEA/SH training to them. members trained. Implement stakeholder Inclusive SEA/SH engagement plan and conduct system in place. community awareness raising about SEA/SH mitigation Number of SEA/SH measures – eg. Codes of Conduct, issuesthat have been GRM, how to report and provide referred to GBV multiple entry-points Services Providers Maintain proper documentation for complaint registration and management Implement Documentation of Have separate, safe and easily PIU, Gender appropriate measures taken to accessible facilities for women Specialist of project-level reduce SEA/SH and men working on the site. the project. activities to reduce risks. SEA/SH risks prior Establish locker rooms and/or to civil works latrines for workers and project commencing staff in separate, well-lit areas and include the ability to lock them from the inside.

Visibly display signs around the project site (if applicable) that signal to workers and the community that the project site is an area where SEA/SH is prohibited.

As appropriate, ensure that public spaces around the project grounds are well-lit. Project Monitoring Report in the Successful Reports SEA/SH related issues in PCO, PIU, quarterly progress implementation of the quarterly progress report and Gender report and review agreed SEA/SH review during ISR missions. Specialist during ISR Risk Mitigation missions. Action Plan (Y/N)

8. STAKEHOLDER ENGAGEMENT AND CONSULTATION FRAMEWORK A good communication strategy among the institution and community needs to be established to ensure that the project is implemented in sustainable manner.There are two key objectives of stakeholder engagement and consultation framework prepared for the project. First, it is to keep all stakeholders informed of the project activities, the potential beneficial and adverse impacts. Second, it is to ensure that stakeholders actively participate in all levels of the project cycles, are able to share local knowledge, mitigation plans are able to minimize the potential negative impacts of the project, and the relevant stakeholders are well-trained and equipped to take over the responsibilities of operation and management once the project phases out. These will ultimately contribute towards narrowing down the gaps between the project officials and beneficiaries and help create a conduciveenvironment to mitigate the adverse social and environmental issues through optimal cooperation from the project beneficiaries themselves. Stakeholder engagement strategy outlines engagement through the project development phases and recommends a set of stakeholders’ engagement activities to be carried out throughout the project development cycle. The SECF reiterates elements of the strategy that is relevant to social and environmental issues in general and the ESMF in particular. In addition, it also outlines the disclosure requirements of documents already prepared and planned under the project. It should be noted that consultations on social and environmental issues carried out during implementation of subprojects will be done in an inclusive manner, including the inclusion of vulnerable social groups (such as poor household, caste, and persons with disabilities, among others) and women. Each municipality will develop a citizen engagement strategy based on the principles laid out in the Stakeholder Engagement and Consultation Framework.

This chapter should be read in the current COVID-19 context. Social restrictions and other measures to prevent the further transmission of COVID-19 may impact on the ability to follow guidance on carrying stakeholder engagements provided in this chapter. Section 8.5 provides suggestions for adapting stakeholder engagement to the COVID-19 context.

8.1. Existing Stakeholder Engagement Process The project will use existing institutions established at the local level to carry out stakeholder engagements. Municipal forums will be the primary mechanism for engaging with stakeholders and community participation, to ensure that projects identified reflect local needs and priorities. Other mechanisms for community engagement and consultations include community-based user committees in construction supervision and operations and maintenance, as a social accountability and safeguard mechanism.As mentioned earlier, the stakeholder consultations will draw on mechanisms already established at the local level. If such mechanisms doesnot exist, a mechanism elaborated below willbe followed which is developed in consultation with municipalities during the preparation of ESMF.

A three-layered decision-making procedure will befollowed to identify the need for infrastructural sub-project at municipality level. The first level is the Tole Coordination committee, which willbe formed with theparticipation of representatives of households of the respective Toles. The next level is Ward Level followed by municipality. At the Tole level, meetingswill beorganized on regular interval to discuss the needs of the tole, including the infrastructure need of the area. The requirements of particular toles are then forwarded to next level i.e. ward level. The ward office will review the demand from various toles, screen the proposed interventionsand then forward their recommendation further to municipality level for assessment and budgetary allocation. After receiving the demands from various wards covering various toles, the municipality will prioritize the projects considering the available fund. In case a municipality is not able to cater to the need of any particular area (Ward/tole) due to unavailability of funds, the said project will automatically become apriority for next year, and this decision will be shared with all the concerned stakeholders. In all municipalities, the citizens will beengaged in the decision-making process through Tole Meetings for identification of project (Refer to Appendix B).

Project/Need Municipality prioritization and budgetary allocation

Ward Project/Need review

Tole Level Committee Need/Demand

Figure 8-1: Project identification Process through Stakeholder Engagement

8.2. Stakeholder Mapping “Stakeholders” under the project refer to those who have plausible stake in the environmental/social impacts due the project or activity and are ascertained with a view to taking into account all the material concerns in the project or activity design, as appropriate. It is highly desirable for all key stakeholders to arrive at a consensus on sensitive features, impacts and remedial actions. The primary objective of stakeholder analysis is to map the stakeholders, their role, operational network, representation requirements and impact on type of activity in the project to strategically prioritize consultation with them and develop an understanding of operational and organizational gaps. The stakeholder interactions will be through the following activities. • Focused group discussions • Public consultations • Key informant interactions • Consultation with institutional stakeholders

Through the formal and informal consultation, stakeholder mapping willbe done, and their interests concerning the various project activities willbe identified. The indicative types of stakeholders are furnished in Table 8-1.

Table 8-1: Stakeholder Mapping and Consultation Government Level Stakeholder Primary/ Secondary Consultation Federal Level Department of Roads Secondary Regarding the revision in Ministry of Forest & GoN’s regulations, Environment policies or plan Department of National Parks & Wildlife Ministry of Women, Children and Senior Citizen DUDBC Primary Regarding NUGIP project MoUD objective, plan, internal policies Local Level Department of Secondary Specialized inputs on Electricity local conditions, Forest limitations and needs of Land Survey the public, compensation Land Revenue estimation Irrigation Water supply & sanitation Traffic Police 53

District Coordination Committee Municipality Offices Primary Project selection, Ward offices selection of beneficiary Tole Development and their needs Committees Sub-project Level Ward Representative Primary Impact of the project and Associations (Business) & possible measures for user groups ( road, water, mitigating them irrigation, forest) Women/ Mothers groups Shopkeepers & vendors Farmers group Households Extended users of the Secondary Projection of the usage of project the project infrastructure

8.3. Mechanism for Consultation The Consultation Framework envisages involvement of all the stakeholders at each stage of project planning and implementation. Involvement of the community is not limited to interactions with the community but also disclosing relevant information pertaining to the project tasks. Community participation willbe ensured at the following stages:

8.3.1. Subproject Identification Stage

The Project Implementation Manual (PIM) for NUGIP provides in detail the steps for identifying and selecting sub- projects for investment. The municipalities will establish mechanisms to ensure that stakeholders are enagaged at each step of the process. Some examples of mechanisms to engage with stakeholders are outlined below:

At step 1: Identification and selection of investment sub-projects, two processes will be followed while identifying investment sub-projects: • Conducting a comprehensive needs assessment and gap analysis for core municipal services/infrastructure; and • Conducting consultations with elected representatives, ULG Thematic Sections, civil society organizations and community groups, to validate the gap analysis and to identify the local municipal service delivery needs and priorities.

At step 2: Technical prioritization of investment sub-projects, based on the pre-appraisal of all selected investment sub-projects conducted under Step 1, the ULG Planning Section will bring together ward representatives, municipal officials, elected representatives to share and discuss the prioritized sub-projects that will be submitted to the Municipal Executive.

At step 3: Executive prioritization of investment sub-projects, the Municipal Executive decides on a prioritized and sequenced list of potential investment sub-projects which will be presented to and discussed with the Municipal Investment Forum, the outomces of which will be presented to stakeholders

At step 4,the Municipal Executive presents its sub-project recommendations to a consultative forum, the Municipal Investment Forum and seeks feedback and comments from citizens and local stakeholders. It is the Step during which citizens and local stakeholders are informed of the Municipal Executive’s recommendations with respect to the investment sub-projects to be financed out of the ULG’s UDG allocations.

Municipal Investment Forum (MIF): composition and process The MIF will bring together the following citizen and stakeholder representatives in a half-day meeting with the Municipal Executive (assisted by ULG Thematic Sections as needed). • 2-3 representatives from each ward. Ward representatives will be selected by each Ward Committee;

• Representatives of 3-4 community-based groups in the ULG jurisdiction. Such groups include women’s associations, youth organizations, pensioner associations, etc.; • Representatives of local economic actors (e.g. Chamber of Commerce, trades unions, transport associations, cooperatives, etc.); • Representatives of local NGOs; • Representatives of the local media etc;

The list of MIF members willbe agreed upon and drawn up by the Municipal Executive; and posted on the ULG notice board. MIF will include for example women and other vulnerable community representatives.Members willbe formally invited to the MIF at least one week before the meeting. Invited MIF members willbe informed of the meeting agenda in advance.

By the end of the MIF session, the Municipal Executive willbe able to make a final decision on the prioritization of its sub-project proposals for UDG funding. Minutes of the MIF meeting willbe kept and made available to the public.

At step 5 – Sequencing of investment sub-project implementation over three (or four) years, the Planning Section willdraft a three-year UDG investment plan. The 3-year investment plan willthen be translated into annual budget proposals, to be confirmed by the Municipal Executive, included in each year’s annual budget proposals and then submitted to the Municipal Assembly for approval and then will be publicly disclosed.These subprojects will then be supported under NUGIP. For the subprojects that are selected, social and environmental screening, assessments and preparation of safeguards management plans will be developed.

8.3.2. Planning/Design Stage Dissemination of project information to the community and relevant stakeholders will be carried out by municipality at this stage of the project initiative. The community at large willbe made aware of the project alternatives and necessary feedback will be obtained. Further, other stakeholders will also be involved in the decision making to the extent possible. Consultationsfor the project with stakeholders will also be carried out in the relevant ward offices under the supervision of the Ward Chairperson, and will be done in an inclusive manner, including vulnerable social groups (such poor household, caste, persons with disabilities, among others) and women.

The outcome of consultations will be incorporated as appropriate in the designs and mitigation plans. As part of such consultations, the draft safeguard management plans will also be presented and explained to the people on the content and process of the implementation of the plans. Consultations with Project Affected Persons and their profiling are mandatory as per the requirements of ESIA and preparation of RAP, ESMP, VCDP, etc. Consultations with respect to cultural aspects are to be carried out as part of the Social Impact Assessments for all alternatives and the selected alternative subproject option.

During ESIA study, two rounds of consultation meetings will be conducted, including consultations for obtaining the informed views of the affected people and local Non-governmental Organizations (NGOs).

1 Hold consultation meeting at the site. 2 Hold consultations after preparing draft IEE/ESIA report with local communities. At this time ESMP, RAP/ARAP to be disclosed at relevant local authorities and made available in Nepali/local language to the community and other stakeholders.

In all subprojects involving resettlement, and prior to the preparation of Resettlement Action Plans, the PAPs will be informed of the project objectives, likely impacts and essential provisions of Resettlement Policy through the following activities: • Awareness campaigns using local Cable TV channel, print media such as posters or information leaflets; • Holding public information meetings in various project site locations and affected areas; • Arranging interactive sessions with the PAPs & their representative stakeholder groups; • Formation of focus groups involving key stakeholders, like local leaders, women, vulnerable group members etc.; these could also serve as local community monitoring groups

For disseminating information pertaining to the subproject, work schedule and the procedures involved; finalization of project components with identification of impacts, entitled persons, mitigation measures; and Grievance Redress Mechanisms to be adopted.

In order to discuss and seek opinions and suggestions, all the PAPs and/or their representativeswill be formally invited to participate in various meetings regarding resettlement issue as convened by the municipality. During such consultations, draft RAPs will be presented and its contents, processes, eligible entitlements, institutional roles and responsibilities, etc., will be shared publicly. Once the individual safeguards management plans have been finalized, they will be shared with the PCO and the World Bank for review and clearance.

8.3.3. Implementation Stage Consultations as part of the implementation stage will comprisedirect interactions of the municipality project engineers, environment and social development staffs, DSC representatives, municipal officers, and the Project Affected Persons. These would usually be one to one meeting of PAP or community representatives with the grievance redress committeesestablished for the project. All consultations on social and environmental issues carried out during implementation of subprojects willbe done in an inclusive manner, including vulnerable social groups (such poor household, caste, persons with disabilities, among others) and women.

8.3.4. Post-construction Stage The supervision consultant, and contractor will be responsible for Operations and Maintenance (O&M) during the defect liability period. Thereafter the municipality will be responsible for O&M together with users’ groups.

8.4. Information Disclosure Most often a development project, including its socio-economic and environmental setting, fails due to lack of information or misinformation. For the success of a given program, the management must share all the information obtained about the proposed activities and their expected results with the affected and interested public. The project will commit itself for proactive disclosure and sharing of information with the key stakeholders, including the communities/beneficiaries. The project will have a communication strategy focusing on efficient and effective usage of print and electronic media, billboards, posters, wall writing, and adoption of any other method suiting local context, logistics, human and financial resources.

Accordingly, in collaboration with different local authority, NGOs and other groups, the project willdisclose all the relevant information to PAPs and other relevant stakeholders during the different stages of project cycle. Agencies working for environmental and social aspects willalso be informed at both local and national level about the ongoing and planed activities, to identify jointly appropriate protective or corrective measures. Subprojects will adopt the following approaches to make information accessible to all the concerned stakeholders throughout the project cycle. Project documents will be disclosed in the Nepali language, and if relevant in the local languages.

• Mass Media: Local media like newspaper, radio and TV will be used to broadcast any information regarding the project. • Meeting/Workshops: Meetings and workshops will be held to disseminate the information. •Distribution of project document: Project related information materials in Nepali version will be distributed prior to each construction work to local officials, PAPs and other concerned offices like Municipality, Ward, Tole Committee etc. Such information will among othersinclude project description, project benefits and impacts, entitlements, implementation arrangements, entitlement frameworks as well as various periodic information sheets on compensation entitlements, project time frames etc.

An information centre will be established during implementation stage at the municipality level to disseminate all the documents related to the project activities. Based on the policy on public information disclosure, PCO and Municipality will also disclosethe information through its website.

8.5. Adapting stakeholder consultions to COVID-19 The Government of Nepal has imposed various measures to mitigate the spread of COVID-19 including restrictions on non-essential movement, requirements for social distancing, and prohibitions on social gathering. Other measures 56

have also been recommended by health organizations to limit the spread within countries. These measures impact the ability to undertake stakeholder engagement activities in the manner originally envisaged under the NUGIP project. Given these measures, some practical suggestions have been provided below to undertake citizen engagement and stakeholder participation activities.It is key that these mechanisms involve the participation of the local government to help build and maintain trust between citizens and the local government, and to continue to build the capacity of local governments. Adaptive and sustained citizen engagement is crucial to ensuring that projects continue to be planned and implemented during this period, whilst ensuring successful efforts in combatting COVID-19. Considerations for adapting engagement activities • Review the current approach and methodology for engagement activities and assess the adjustments required: The PCO should assess the feasibility of undertaking engagement activities, including assessing the potential risks of virus transmission and in consideration of current advice and restrictions of Government of Nepal. Questions that should be considered include: o Which activities are critical and cannot be postponed? o What is the level of proposed engagement, including location and size of gatherings, frequency of gatherings, and groups of stakeholders? o What is the risk of virus transmission for carrying out these engagements? o What is the level of ICT usage amongst the stakeholders, and which communication channels can be used most effectively? • Identify and connect with potential local partners for supporting in CE activities, including NGOs and CSOs supporting particular vulnerable groups such as womens and Dalit groups. This may require connecting with different local partners to those envisaged under the project. These local groups may be able to: provide insights into the local context on the ground and current conditions; support in information dissemination on both project information and COVID-19 prevention and precautions; serve as communication link between project teams and local communities • Engage local mobilizers or social influencers to support engagement: Individuals or organizations engaged on the ground in the community can serve as strategic partners that would function as social mobilizers and intermediaries for the project team. These could include trusted local individuals or social influencers, for example, youth social influencers, respected elderly persons, representatives of indigenous groups or women’s groups. They can facilitate consultations and community engagement when public gatherings are restricted, or consultants cannot work safely with community members. An effective engagement approach may be for project teams to convey information to the social influencers through ICT tools, who can then use traditional methods to communicate with local communities. • Special attention should be paid to vulnerable groups: Vulnerable groups are likely to be disproportionately impacted by COVID-19 and may have further limitations in accessing information and being engaged. The project should assess how COVID-related impacts might further restrict the ability of vulnerable groups to engage and participate in project consultations. Strategic local partners can be key to ensuring full engagement of vulnerable communities. The local community mobilizers noted above can be instrumental in identifying and engaging with these groups. • Broaden the channels for information dissemination using ICT channels where appropriate: Identify the project information that needs to be disseminated and assess the available channels for distribution. Note that channels for dissemination of project information can also be leveraged for sharing COVID-19 related information where appropriate. Identify the extent to which ICT communication channels are accessed by local communities to draw on these mechanisms. These may include Viber, WhatsApp, and Facebook groups and other social media and online channels. ICT channels can also provide a useful feedback mechanism for COVID-related queries and concerns. • Diversify traditional transmission media(including radio, TV) for information dissemination to maximise the reach of communications, particularly where other forms of communication such as meetings and consultations may not be possible, and where communities do not have access to ICT tools. If radio stations are not already a channel for information dissemination, consider delivering project information via local radio, given the high rates which local communities in Nepal listen to radio. Other possible channels could include distribution of messages via television, and using loudspeakers to travel through wards to disseminate project- related information (where feasible). • Adapt COVID protocols in consultation meetings: For consultations that cannot be postponed, and which cannot be held virtually, some considerations: 57

o If smaller meetings are permitted, conduct meetings in small-group sessions, ensuring that meeting sizes adhere to local regulations, and for example, space members at least 1.5 metres o Project team membersshould express their understandings on social behaviour and good hygiene practices, and that any consultations are preceded with the procedure for articulating such hygiene practices • Undertake consultation meetings virtually where feasible:The project should consider the following for those consultations which cannot be postponed, and where all participants have proper ICT access and can be notified in advance regarding timing and format of meetings. Some considerations: o Where all participants have proper ICT access, deploy online meeting facilities, where large meetings, workshops and consultations are essential, such Webex, Skype and Zoom. In the case of low ICT access, audio meeting means can also be effective used (including Viber and Whatsapp) o Vulnerabilities of participants need to be considered to ensure that vulnerable participants are not disadvantaged by being unable to connect. o Where direct consultation and engagement with beneficiaries is required, such for completion of resettlement activities or indigenous peoples plans, identify direct channels for communication with the affected household via a combination of email messages, text messages, dedicated phone lines • Review the range of digital platforms which can be drawn upon for completing CE requirements such as data collection: In-person data collection methods can be substituted by remote data collection methods, which take into account limitations related to ICT access and literacy of community members. SMS surveys are a common way to collect community-level data required to complete safeguard document requirements. Customized SMS-based surveys can gather data from remote villages and traditionally hard-to-reach places as it requires only access to mobile numbers of local users, without dependency on data plans or internet access. Local partners and social mobilizers, as discussed above, can assist in obtaining mobile numbers.

9. GRIEVANCE REDRESS MECHANISM

An accessible and responsive complaint management process is an important part of any stakeholder engagement strategy. A Grievance Redress Mechanism will accessible wherein all project stakeholders willbe provided with a forum to lodge complaints regarding any aspect of the land acquisition, compensation, resettlement requirements, hygiene, pollution, safety and any other project-related issues. The affected persons will have access to all levels of grievance redress procedures.

9.1. Existing Grievance Redress Process At present, there are several mechanisms for raising grievances including with the ward-level mediation centres and with themunicipality’s judicial committee. Currently, grievances including environmental and social issues are generally submitted directly with the judicial committee (NyayikSamiti).NyayikSamiti is a three-member committee comprisingthe Deputy Mayor and two persons from the executive committee or ward11. Sometimes, the views of environmental and social development sectionis taken into consideration to inform the decision-making process if the committee feels relevant. The grievance can also be submitted to Chief Administrative Officer (CAO) at Municipality level or to Ward Chairperson at Ward Level. Beside judicial committee, the municipalitiesalso have a separate kiosk to register gender-based violence related grievances.

The project should drawn upon mechanisms established by local municipalities for receiving and addressing grievances, to help strengthen these local systems and to support and build the capacity of local governments in receiving and addressing grievances. As part of developing sub-project ESIAs, existing mechanisms for receiving and addressing grievances will be identified and assessed. Grievants will first raise their grievances with the ward- level mediation centre before going to the judicial committee.A grievance officer assigned to the municipality level will also have the proper knowledge on the issues. The GRM mechanism as well as its procedures will also be detailed in the Project Implementation Manual (PIM). The decision as to whether the case is addressed by the judicial committee, or by the ward level GRM, is decided by the municipality Grievance Officer. The Grievance Officer will keep all detailed documentation regarding the grievance with proper verification to answer how and when the grievance was reported and addressed.

9.2. Establishing Grievance Redress Mechanism The sub-project will build on existing grievance redress procedures. In the absence of any mechanism to address grievances at the municipality level, a grievance redress mechanism will be established. - The firstlevel will be set up at the Ward level. The staffing of the grievance redress committee will include Ward Chairman, Environmental and Social Officers from respective Municipality - the second level will be at the municipality level and will comprise the Nyayik Samit. The Nyayik Samiti will discuss the environmental and social concern with E&S section/department of municipality to redress grievance pertaining to gender, vulnerable community, and other social and environmental issues in transparent and effective manner. - the third level will be at the PCO level comprising members from the PCO. The teams who will be engaged as the monitoring unit for ESMP, RAP, VCDP implementation for various subprojects, can be the part of the committee.

9.3. Channels and procedures for receiving and addressing grievances Grievances if any, may be submitted through various mediums, including in person, in written form to a noted address, through a toll-free phone line or through direct calls to concerned officials, and emails. PCO will appoint a person (Operator) at PCO- Kathmandu to receive such calls and receive online messages. The person (Operator) based on nature of complaint, will forward the same to the concerned GRC at Ward Level (to Ward Chairman). A ticket or a unique number will be generated for all such calls, messages and letters.

The complainant will follow up based that unique number with Operator at PCO-Kathmandu. All complaints will be responded to within two weeks at any level. In case a response is not received fromthe first level within two weeks, the complaint will be escalated to next level and the complainant will be notified accordingly. If a complaint

11 As per Article 221 (Subsection 1) of the Constitution of Nepal 2015, the municipalities are required to establish a separate act or regulation which will outline the roles and responsibilities of the judicial committee. 59

remainsunaddressed at 1st and 2nd GRC levels, within maximum 30 days after registering the compliant, it will be elevated to 3rd level of GRC at PCO level. GRC-PCO within 7 days of time willinstruct the concerned GRC at Municipality level to arrange for a hearing within maximum 5 days of time. Effort will be given by all level of GRCs to conduct hearing and resolve the concern at their level up to the satisfaction of complainant within the stipulated timeframe. After conducting hearing at any level of GRC, the decision should be communicated to the complainant within maximum 30 daysof time in writing.

All local contact information and options for complaint submission willbe available on site, on Toles, Wards, Municipalities, PCO on information boards and municipality websites. A half yearly report on grievance redress by the subproject project willbe prepared and sent to Municipalities’GRCs by Wards’ GRCs and ultimately to GRC of PCO. The PCO will forward the same to World Bank.

Online Grievance • E-mail • Toll Free No

PCO 3rd Level GRC GRM 7 Days Max. Register/Operator (at PCO) 5 Days Max. Municipality: NyayikSamiti 2nd Level GRC 15 Days Max. Hearing of Grievance

Wards st 1 Level GRC 15 Days Max. 30 Days Max.

Offline Grievance from Tole or Verdict by GRC Subproject Level

Figure 9-1: Grievance Redress Process

9.4. Functions of GRCs The functions of grievance mechanism include but not limited to: • To redress grievances of community / beneficiaries / project affected persons (PAPs) in all respects • Address complaints relating to rehabilitation and resettlement assistance and related activities • Hear grievances from workers involved in the project at any level or phase • Receive complains and issues related to environment, R&R and other matters relevant to the project

GRC will give its decision/verdict within 30 days after hearing the issues/concerns of the aggrieved person. The final verdict of the GRC will be given by the Head of GRC in consultation with other members of the GRCs and will be binding to all other members.

An indicative list of grievance, which will be addressed under the project are furnished below- i. Rehabilitation &resettlement and compensation issue ii. Loss of livelihood iii. Access to resource /utility/facility iv. Ambient air and noise quality v. Impact on water quality/resource vi. Grievance from vulnerable community vii. Gender related issues viii. Labor-related matters ix. Safety risksrelated to the project

9.5. Other Mechanism for Grievance Redress All grievants will have the option to approach the court / judiciary, or the World Bank’s Grievance Redress Service12 in case he or she is not satisfied with the verdict provided by the project-level GRCs.

9.6. GRM considerations for the COVID-19 context Restrictions and guidance on social distancing and travelling may impact the ability of individuals and groups to submit grievances.Some factors to consider when adapting grievance redress to the COVID-19 context:

• The grievance mechanisms used should be reviewed to check that they are currently functioning and capable of receiving grievances, given potentially restrictions on being able to access ward offices or project sites to raise grievances • Channels for receiving grievances should be reviewed to maximise ways to submit and response to grievances. For example, whilst the project may envisage communities going to ward offices to submit grievances, the project should consider establishing a phone line for people to call in concerns. Where feasible, ICT-related options such as SMS or via email should be implemented and communicated • Members assigned to receive and respond to or escalate grievances should be taught on how to respond to grievances related to COVID-19

12http://www.worldbank.org/en/projects-operations/products-and-services/grievance-redress-service#3 61

10. INSTITUTIONAL ARRANGEMENT FOR ESMP IMPLEMENTATION 10.1. Institutional Assessment for E&S Sections/Departments 10.1.1. Existing Institutional Capacity In Nepal, the municipalities usually have a separate social development sectionand a separate environmental section. The municipalities like Birtamod, Damak, Sundarharaicha, Mechinagar, Itahari, Rajbiraj, Triyuga, Dhankuta, Pokhara, Putalibazar, Tansen, Tilottama have environmental &social development department. Whereas Vyas has only Social Development Department.Urlabari, Baglung,Ramgram municipalities do not have Environmental and Social Development Department. To ensure that the investment sub-projects are efficiently implemented, delivered on time, and completed in accordance with environmental and social safeguards requirements, technical assistance will be provided by design and supervision consultant (DSC) to the concerned municipalities. DSC will deploy engineering, procurement, E&S safeguards and other technical specialists to work closely with ULG municipal engineers and other technical staff to design and supervise the implementation of sub-projects in a socially and environmentally sustainable manner.

Roles and Responsibilities of Environmental & Social Development Departments The Environment Department of municipalities are mostly engaged in plantation, maintenance of public parks, greenery promotion, landscaping, pond conservation, conservation of religious trees, gabion filling, landslide protection, solid waste management etc. In addition, theItahari Municipality also looks after issuance of ‘Pollution under Control’ Certificate for various operational industries as well.The activities of Social Development Departments include registration of vital events (Birth, Death), targeted group development (Women, Child, Indigenous People, Sr. Citizen, Differently abled), need-based skill development programs through 3rd parties (vegetable farming, cattle-poultry farming, handicrafts, driving, plumbing, mobile repair, computer training, mushroom farming etc.), co-ordination and facilitation with ToleVikas Committees, issuance of senior citizen/differently abled cards, etc.

Involvement in preparation/review of IEE/ESIA/ESMP Reports Some of the municipalities like Damak, Sundarharaicha, Triyuga, Dhankuta, Pokhara, Vyas, Putalibazar, Tilottama have prior experience of preparing ESIA, ESMP, RAPs, through external agencies. However, the staff of Environment and Social Development department havenot been involved in the preparation or review of ESIAs, ESMPs, RAPs, etc., as such. Only in the case of Dhankuta municipality one staff of Social Development sectionwas involved in review of ESIA/ESMP report for UGDP Project (ADB funded). Similarly, the Environmental Officer of Itahari municipality has prior experience of conducting IEE/ESIA-ESMP studies. Thus, capacity of the preparation, implementation and monitoring of environmental and social safeguards issues is limited in the participating municipalities.

Involvement in process of decision making for project Execution As indicated by the staff of the Environment and Social Development Department of various Municipalities, they are not engaged by the municipality in project planning process. As per the practice, after project finalization, the responsibility is handed over to concerned user committees and they take charge of execution, monitoring of the project.

Experience in working Multilateral Funded Project Most of the staff of Environment and Social Development Department do not have prior experinece multilateral funded project. Only the Environmental Officer of Itahari and one Staff of Social Development Department in Dhankuta, were engaged in preparation/review of ESIA reports (both for ADB funded Projects).

A detailed statement on assessment of Institutional capacity is furnished in Appendix- H

10.1.2. Capacity Development

Role of UDSTs in process of Capacity Development In order to deliver technical assistance to ULGs for their institutional strengthening, NUGIP will deploy two regional Urban Development Support Teams (UDSTs), each of which will be responsible for working with a cluster (Eastern

and Western) of ULGs. One UDST (Eastern Cluster) will be based in Biratnagar and the second UDST (Western Cluster) will be based in Pokhara.

Each UDST will consist of a team of full-time professionals to provide TA inputs that are aimed at strengthening the overall ULG management capabilities. These inputs will be in areas such as urban and investment planning, citizen engagement and gender inclusion, procurement, financial management, budgeting and budget execution, asset management (O&M, etc.), E&S safeguards and other issues.UDST members will provide regular mentoring, facilitation and on-the-job support to the ULGs within their respective clusters. UDSTs, however, will be responsible for coordinating, quality assuring and backstopping such formal ICD processes and for providing advice on the substance of training sessions, workshops and the like.

Apart from the regular mentoring and on-the-job support functions, each UDST will be responsible for drawing up an annual TA plan and budget for training and other formal activities in its respective cluster. Annual plans willbe based on needs identified by each ULG; such plans would ensure that training and other TA activities are efficiently organized. These annual plans and budgets will be submitted to and discussed with the PCO by each UDST. Once agreed, the PCO will allocate funds and then procure trainers/consultants. Implementation of annual cluster plans for TA activities would be coordinated and overseen by the PCO and the UDSTs (for their respective cluster).

Institutional Capacity Development at Municipality Level Urlabari, Baglung, Ramgram Municipalities and Vyas Municipality are requiredto create a Social Development Department and Environment Department respectively, prior to sub-project identification.

Capacity Development Training Requirement The following trainings are recommended for effective implementation of ESMF. Table 10-1. Capacity Development Training Requirement S. Nature of Training Targeted Entity Responsibility No. 1 Objective, purpose of ESMF PCO, DSCs, Environment & Social World Bank, PCO Process of ESMF implementation Departments of Municipalities 2 Understanding of ESIA/ESMP as PCO, Environment & Social PCO through UDST’s decision making tool for Departments of Municipalities (training to be given by sustainable project development external experts) 3 Awareness training on probable PCO, Environment & Social PCO through UDST’s E&S concern pertaining to NUGIP Departments of Municipalities (training to be given by sub-projects external experts) 4 Awareness training on PCO, Environment & Social PCO through UDST’s Environmental & Social Safeguard Departments of Municipalities (training to be given by Laws of GoN and World Bank’s external experts) operational policy 5 Process of land transfer in case of PCO, Social Departments of PCO through UDST’s involuntary resettlement Municipalities (training to be given by external experts) 6 Awareness training on occupational PCO, Environment & Social PCO through UDST’s Health and Safety issues relevant to Departments of Municipalities (training to be given by various phases (preconstruction, external experts) construction, operation) of NUGIP sub-projects 7 Awareness training on purpose of PCO, Environment & Social PCO through UDST’s stakeholder engagement at various Departments of Municipalities (training to be given by stages of sub-project external experts)

10.2. Proposed Institutional Arrangement The institutional setup plays a vital role in successful implementation of Environmental and Social Safeguards measures. The MoUD, Nepal has setup a Project Coordination Office (PCO) under DUDBC for NUGIP in Kathmandu. PIU in each municipality is established for the implementation in the field. To ensure that the investment sub-projects are efficiently implemented, delivered on time, and completed in accordance with environmental and social safeguards requirements, technical assistance will be delivered through a Design and Supervision Consultancy 63

(DSC). DSC will deploy engineering, procurement, E&S safeguards and other technical specialists to work closely with municipal engineers and other technical staff to design and supervise the implementation of the sub-projectsin two clusters. The role of PIU/DSC includes implementation of ESMP, RAP, VCDP, etc. The PCO with support from Project Management Support Team (PMST) will review implementation support of environmental and social safeguard studies/ management plan prepared by PIUs/DSCs.

At subproject level, the contractor will be responsible for ESMP implementation. Each municipality will need Environmental and Social Development (ESD) expert to review IEE/ESIA-ESMP, RAP-ARAP, etc. The E&Ssocial safeguard specialists of DSCs will regularly visit both cluster municipalities and work closely with its technical staff to ensure project implementation in accordance to World Bank’s safeguard standards. The ESD will bepart of PIU. The DSCs provide municipalities’ technical staff with on-the-job training and mentoring. The role of DSC will also include ensuring compliance of pertaining laws, policies, regulation for all sub projects, coordination and liaising with government stakeholders as well as the World Bank with respect to various E&S issues. The PCO will have overall responsibility to ensure compliance withpertaining laws, policies, regulation for all sub projects, and development of sub-projects in sustainable way and allocation of fund for institutional capacity development. The reporting of the PMST on the monitoring and evaluation on the project’s safeguard performance to WB is done internally by the PCO and externally by the WB experts. The capacity of Municipalities isattached in the Annex.

Project Coordinating Office (PCO-e.g. DUDBC)

Project Mgmt Support Team (PMST) Design & Supervision Municipalities (in East & Consultancy (DSC) West Clusters)

Municipals Project Implementation Unit (PIU-e.g ESD) .

Figure 10-1.Coordination of Proposed Project Implementation Mechanism

Appendix A: Land use map of 17 Municipalities

Land use map of 17 Municipalities showing various physiographic features and drainage patterns

A.1. Birtamod&Mechinagar

A.2. Damak&Urlabari

A.3. Itahari&Sundarharaicha

A.4. Rajbiraj

A.5. Triyuga

A.6. Dhankuta

A.7. Pokhara

A.8. Byas

A.9. Putalibazar

A.10. Baglung

A.11. Shuklagandaki

A.12. Tansen 70

A.13. Ramgram

A.14. Tilottama

Appendix B: Consultation with municipalities

1. Birtamod

Attendance Sheet from the stakeholder consultation

Pictures from stakeholder consultations

2. Damak

Attendance Sheet for the consultations

Pictures from the stakeholder consultations

3. Urlabari

Attendance sheet for the stakeholder consultations

Pictures from stakeholder consultations

4. SundarHaraicha

Attendance sheet for the stakeholder consultations

5. Mechinagar

Attendance sheet for the stakeholder consultations

6. Itahari

Attendance sheet for the stakeholder consultations

Pictures from the stakeholder consultations

7. Rajbiraj

Attendance sheet from the stakeholder consultations

Pictures from the stakeholder consultation

8. Triyuga

Attendance sheet for the stakeholder consultation

Pictures from stakeholder consultation

Attendance sheet for the stakeholder consultations

9. PokharaLeknath

Attendance sheet for the stakeholder consultation

Pictures from the stakeholder consultation

10. Vyas

Attendance sheet for the stakeholder consultation

Pictures from the consultation

Putalibazar

Attendance sheet for the stakeholder consultation

Pictures from the stakeholder consultation

11. Baglung

Attendance sheets for the stakeholder consultation

100

Pictures from the stakeholder consultations

101

102

12. Shuklagandaki

Attendance sheet for the stakeholder consultation

103

13. Tansen

Attendance sheet for the stakeholder consultation

104

Pictures from the stakeholder consultation

105

14. Ramgram

Attendance sheet for stakeholder consultation

106

Pictures from stakeholder consultation

15. Tilottama 107

Attendance sheet for the stakeholder consultation

108

109

Pictures from the stakeholder consultation

110

Appendix C: Templates for Environmental &Social Screening Checklist / Environment and Social Impact Assessment (ESIA) / Environment and Social Management Plan (ESMP)

A. CHECKLIST FOR ENVIRONMENTAL AND SOCIAL SCREENING

Project Details

Sub Project Title Nature of Project (New/ Expansion/Redevelopment/Upgradation Brief about Project Components Project Municipality Project Ward/s Terrain- flat, ridge, undulating, Hilly, valley etc. Current land use (agriculture, grazing, barren, forest, settlement, road etc. Type Quantity of construction materials/Resource needed Quantity of debris that needs to be disposed Any hazardous materials mixed with debris

Environmental Aspects Checklist for Environmental Screening S. Can’t Particulars Yes No Remarks No Say 1. Is the site vulnerable to major natural or induced hazards such as: Landslides, Flooding, Storm surge, Severe wind damage, Earthquakes, Fire, Explosion, Other (specify) 2. Is the project area adjacent to or within any of thefollowing environmentally sensitive areas? • Cultural heritage site (historical, religious, traditional, or cultural significance) • Protected Area (National Parks, Wildlife Reserve, Hunting Reserve, Conservation Areas, and Buffer Zones etc.) • Wetland/Ramsar Site/Simsar • Forest • Special area for protecting biodiversity/interest • Breeding/nesting ground of wildlife/occurrence of migratory species • Migration route/Wildlife corridor • Any site of national or international importance 3. Likely impact on trees (including Timber & fruit bearing)and vegetation cover 4. Possibility of degradation of land and ecosystems of surrounding? 5. Is the project area densely populated? 6. Heavy with development activities/big industries nearby & type?

111

S. Can’t Particulars Yes No Remarks No Say 7. Alteration of surface water hydrology of waterways due to the project resulting in increased sediment in streams affected by increased soil erosion at construction site? 8. Chance of deterioration of surface water quality due to silt runoff and sanitary wastes from worker-based camps and chemicals used in construction 9. Does the sub project requires significant extraction ofsurface or ground water? 10. Increased risk of water pollution from oil, grease, fuel spills and other materials 11. Impact on water quality due to release of sewage/sludge? 12. Possibility of flooding due to sewage 13. Possibility of increased air pollution during preconstruction/construction/operation phase? 14. Other pollution concerns relating to inconveniences in living conditions that may trigger cases of upper respiratory problems? 15. Risks and vulnerabilities related to occupational health and safety due to physical, chemical, biological hazards during project construction and operation 16. Noise and vibration due to blasting and/or other civil works? 17. Possibility of poor sanitation and solid waste disposal 18. Creation of temporary breeding habitats for diseases such as those transmitted by mosquitoes and rodents? 19. Accident risks associated with pre construction, construction & operation phases of project 20. large population influx during project construction and operation that causes increased burden on social infrastructure and services (such as water supply and sanitation systems) 21. Risks to community health and safety due to the transport, storage, and use and/or disposal of materials such as explosives, fuel and other chemicals during construction and operation? 22. interference with other utilities and blocking of access to resource/utility 23. Generation of solid waste and/or hazardous waste during construction/operation of project? 24. Conduct of medical health screening and testing to identify the presence of suspected covid-19 positive individuals among the construction workers in the workers’ labor camps or among the community members that might infect the construction workers

112

Social Aspects Checklist for Social Screening S. No. Particulars Details

1 Proposed Site Location-

a. Land requirement for the project

b. Landownership of the project area: Govt. / Private lands

Is the project requires acquisition of Govt. land/structures? c. If yes please mention the area of land, number of affected structures, Households

Present use of Govt. Land that will be used for the project activities d. with Persons/Households using

Is the project requires acquisition of private land/structures? e. If yes please mention the area of land, number of affected structures, Households

Present use of Govt. Land that will be used for the project activities with Persons/Households using ✓ Agricultural purposes f. ✓ Residential purposes ✓ Commercial purposes ✓ Other purposes (Indicate)

Is the project requires relocation of encroachers/squatters g. If yes please elaborate number and nature

Is the project requires relocation of community facilities/Govt. h. establishment or any object that are of religious, cultural and historical significance

Proposed project located in an area where residents are- • All Mainstream i. • All Indigenous peoples • Majority Mainstream or Non-indigenous peoples • Majority Indigenous peoples

2 Potential Social Impacts- Will the Project cause

Involuntary resettlement of people? (physical displacement and/or a. economic displacement)

Impacts on the poor, women and children, Indigenous Peoples or other b. vulnerable groups?

c. Will community facilities require relocation?

Will the sub-project disturb any traditional activity on adjoining or d. nearby?

poor sanitation and solid waste disposal in construction camps and e. work sites

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S. No. Particulars Details

Possible transmission of communicable diseases (such as STI's and f. HIV/AIDS) from workers to local populations?

Large population influx during project construction and operation that g. causes increased burden on social infrastructure and services (such as water supply and sanitation systems)?

Social conflicts relating to inconveniences in living conditions where h. construction interferes with preexisting roads

Describe any other impacts that have not been covered in this screening i. form

Describe alternatives, if any, to avoid or minimize displacement from j. private and public lands

k. RAP/ARAP Requirement

B. Category B Project’s ESIA Requirement

The potential negative and positive direct or indirect impacts and provide clarity on issue, which needs to be investigated under Category B EA type (for higher impact category requires ESIA, for medium impact category requires abbreviated EMP and for lower impact category require Best Environmental Practices-BEP).

Medium to High Impact Category B project: NUGIP Intervention Requiring ESIA and ESMP

Sub projects under this category havepotentially major Impacts of (CAT B range type); complex issues; likely need for significant mitigation and monitoring. The indicative sub projects under this category include: • Construction of sanitary landfill • Construction of new waste water treatment plant, water supply projects

ESIA Template • Executive Summary • Introduction about sub project (nature, type, project location, site characteristics : physical, biological, socio-economic) • ESIA methodology • Environmental and Social Baseline • Legal and Regulatory Framework • Environmental and Social Screening, Impact Identification, Prediction, and Management • Resettlement Action Plan (RAP), Gender Action Plan, VCDP (as applicable) • Environmental and Social Management Plan • Information Dissemination and Communication Plan • Appendix

Low to Medicum Impact Category B project: NUGIP Intervention Requiring ESMP NUGIP sub projects which don’t require ESIA,but may involve civil construction works with some minor to moderate degree of environmental and social issues.The sub projects under this category will haveModerate impacts; straightforward issues; likely need for some routine mitigation and monitoring

Such NUGIP sub projectsrequire ESMP. The format and table of content for preparing ESMP is included below. The following process will be followed to prepare the ESMP: 114

C. Environment and Social Management Plan (ESMP)

Phase I: Preparation of ESMP. The ESMP is an overall plan, which addresses the minor to moderate safeguard issues arising from implementation of the NUGIP sub projects and suggests a strategy and action plan to mitigate the adverse environmental and social impacts and enhance the beneficial impacts of the interventions. The EMP for such sub projects consists of the set of mitigation, monitoring, and institutional measures to be taken during implementation and operation to eliminate adverse environmental and social impacts, offset them, or reduce them to acceptable levels. The plan also includes the actions needed to implement these measures. An EMP is required for the following indicative sub projects • Existing road upgrading related sub projects • Waste to energy sub project projects • Renovation and upgrading of sewerage and water supply projects

The ESMP includes: • Site Specific ESMP Activity Schedule, including cost for implementation of mitigation measures. • Site Specific ESMP Monitoring Schedule, including monitoring responsibility delineation. • Cost Estimate for EMP Monitoring. This can include cost required for capacity building and training activities basis as required or stated in activity

The PCO with external support (as required)will prepare the ESMP in the prescribed ESMP format incorporating all information and data.

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ESIA TEMPLATE

TABLE OF CONTENTS

CHAPTER 1

PROJECT DESCRIPTION

1. Introduction

1.1 Background

1.2 Project Scope

Project Activities

The project activities may be categorized mainly into two phase which are activities in the Pre- Construction, Construction and Operational Phases.

CHAPTER 2

2.1 Scope of Environment and Social Management Plan (ESMP)

2.1 Objectives of Environment and Social Management Plan

The basic objectives of the ESMP are to: • to ensure that all mitigation measures and monitoring requirements will actually be carried out at different stages of project implementation and operation - pre-construction, construction and operation and maintenance; • recommend a plan of action and a means of testing the plan to meet existing and projected environmental problems; • establish the roles and responsibilities of all parties involved in the project’s environmental management; • describe mitigation measures that shall be implemented to avoid or mitigate adverse environmental impacts and maximizing the positive ones; • ensure implementation of recommended actions aimed at environmental management and its enhancement; and • ensure that the environment and its surrounding areas are protected and developed to meet the needs of the local people, other stakeholders and safeguard the interests of the common people • ensure requirements of RAP, GAP, VCDP (as applicable) in the sub project context of NUGIP.

2.2 Implementation of ESMP

2.3 Project Impacts The anticipated impacts due to project in and mitigation measures are mentioned in table 1 attached with this document.

2.3.1 Anticipated Environmental Impacts and Mitigation Measures

Environmental impacts on the physical, biological, and socio-economic and cultural environments during the preconstruction, construction and operation and maintenance phases are discussed here in detail with the mitigating measures.

The summary of the anticipated environmental impacts and the mitigation measures are given in matrix form attached with this document

2.3.1.1 Pre-construction Phase a. Environmental impacts due to project design

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2.3.1.2 Construction Phase a. Environmental impacts due to project construction i. Physical Environment (Examples) Water and land pollution Pollution due to air, noise and vibrations ii. Biological Environment iii. Socio-Economic and Cultural Environment Reinstatement of damaged community services and infrastructure Influx of outside workforce, money and unwanted activities Occupational Health and Safety (OHS) Traffic management

2.3.1.3 Operational Phase

3.0 Mitigation Measures: The mitigation measures shall be designed during the construction and operation phases of the project to minimize the adverse environmental impacts. The mitigation measures along with the item wise mitigation cost are prepared in ESMP. A sample ESMP is shown below.

The envisaged impacts due to implementation of NUGIP component could be grouped into positive and adverse impacts. The goal of mitigation measures is to maximize the positive impacts and minimize or reduce the adverse impacts.

The proposed mitigation measures for predicted adverse impacts could be grouped into three categories as Physical, Biological, Socio-economic and cultural environment. Such impacts could be further classified as impacts during the construction stage and operation stage.

3.1 Mitigation Cost: The environmental and social mitigation cost in ESMP are basically related to activities associated with the physical constructions, environmental conservations, health and safety and awareness raising. The construction related mitigation measures are linked to the project's DPR and such costs are included in construction Bill of Quantity. For such mitigation measures, the ESMP shall clearly highlight "included in project BoQ" and ensure that DPR has included such cost in BoQ. For other mitigation costs like environmental and social enhancement, awareness raising etc, the ESMP report should include the cost based on the district rates, or norms of the government. Such mitigation cost should of clearly included in mitigation cost. This type of mitigation cost will apply for construction and operation phases of the project.

ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP)

Environmental management actions to be undertaken and to be adopted for the realization of environmental mitigation and enhancement for construction and operation phases are presented in the table below. The Environmental Mitigation and Enhancement Management Plan (EMEMP) which is part of the ESMP describes impacts, description of enhancement/mitigation action required, individual or agency responsible, national standards and guidelines, timing of actions, responsible authority, and tentative financial requirements.

Site-Specific ESMP Matrix

Name of Likely BoQ/ Env Issues/ Mitigation Time of Responsib Sub Location Potential Significance Measures Action ility Project Impacts Cost

Sample Environmental Mitigation Measures 117

CONSTRUCTION PHASE IMPACTS

Physical Environment S.N Identified Impacts Environment Mitigation Measures

1 Impacts associated with management of The excavated materials shall be used as construction material excavated materials (as applicable). The unused materials will be sold to needy, non-sellable items shall be disposed properly in identified

areas.

2 Impacts of air pollution (particularly Vehicle speed control and sprinkling of water in road and in dust) and its impacts on surrounding construction site in a regular basis. Use of old and worn out environment vehicles shall be avoided to control air pollution.

The construction material shall be covered during the transportation of materials.

3 Impacts related to noise created by the Night time construction work shall not be allowed (in general vehicle used for the transportation of conditions, for urgent work local community should be construction material informed and consent should be obtained). Vehicle speed control and maintained vehicle shall be used. Use of old and

worn out vehicles shall be avoided to control noise pollution.

4 Impacts related to stockpiling of Construction material shall be stored/stockpiled in designated construction materials area (fenced and secured, covered).

5 Impacts related to traffic obstruction and Adequate traffic signs, warning signs, and scheduling of traffic management transport operator in off office hours to avoid traffic congestion and inconvenience to people.

6 Possibility of contamination of water Regular water sprinkling in approach road, construction sites. source due sub project construction Discourage use of direct discharge of water in to water bodies activities. without proper treatment.

7 Impacts related to health and safety of Social distancing during construction and medical testing to workers, and visitors /worshippers determine the presence of covid-19 positive individuals among the constructions workers or in the communities where the sub-

projects are located

Use of safety signs in places, fencing of active work places/construction sites provision of PPE to workers.

8 Impacts related to obstruction and Adequate signs shall be used, construction materials shall be disturbances to visitors/worshippers of stored in designated areas with proper fencing, and temple/shrine construction work shall be planned in such a way that it won’t stop worshippers.

9 Impacts related to liquid waste, solid Implementation of solid and liquid waste management waste, and sewage management during segregation, collection and treatment technology. Prohibition construction phases of the project of littering and illegal dumping of waste in premises and its surroundings.

Establishment of adequate hygiene and sanitation facilities

Biological Environment

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S.N Identified Impacts Environment Mitigation Measures

1 Impacts related to disturbance to flora Trees should be protected and its cutting/removal is strictly not and it’s cutting/removal during recommended. construction period

Socio-economic, Cultural and Archaeological Environment S.N Identified Impacts Environmental Mitigation Measures

1 Disturbance to local residents due to Prior information dissemination to the public regarding the obstruction to their access, pollution etc nature, schedule of work in advance

Timely completion of work to minimize disturbance

Adherence to pollution control measures as elaborated above.

2 Pressure on local infrastructures due to Record keeping of workers influx of workers Provide orientation and training to workers for maintaining social harmony, prohibition of ill social behaviors (alcohol, gambling etc)

Local people shall be engaged in construction as per their skills and qualifications.

3 Obstruction to The access shall be provided to the priest of the temple/shrine worshippers/pilgrims/visitors for for certain hours of the day. Due to this arrangement, the priest entering temple premises during and visitors can visit the temple. renovation of temple

Operation Phase Mitigation Measures • Physical Environment • Biological Environment • Socio-economic environment

ENVIRONMENTAL AND SOCIAL MONITORING MANAGEMENT PLAN Three types of monitoring are envisaged in the plan, namely: Baseline Monitoring, Compliance Monitoring and Impact Monitoring. The compliance monitoring comprises two parts; the first is the compliance to the enhancement actions and second compliance to mitigation actions including the corrective actions issued.

The impact monitoring in the plan relates to only those measurable indicators in the socio-economic, Cultural/Physical, Chemical and Biological environments. For each of the monitoring indicators, monitoring methods, frequency of monitoring, responsible parties along with the required cost estimates have been estimated.

Environment and Social Monitoring Management Plan and Responsible Agency Issue Impacts Environmental Responsible Timing of Action no. Monitoring Measures and Agencies Construction/ Projected Cost Operation

Impacts on Physical Environment

1. Disposal of solid waste, Hazardous wastes are Contractor waste materials and properly segregated, treated construction debris.

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and disposed in approved landfill sites.

Construction debris can de used for land recovery and land filling

2. Degradation of water Treatment facility during quality, air quality & noise construction period level due to project Use of personal protective construction activities. equipment for workers.

3 Occupational Health Implementation of OSH Hazard and Safety activities. Distribution and encouragement for the use

of safety hats, shoes, follow- up of safety regulation, well-communication of construction safety instructions at all levels.

Contaminated medical wastes are properly segregated, treated and disposed in approved landfill sites.

11 Impacts on sanitation and Workers are not allowed to health of the community stay overnight out from the due to increase in disease camp. Awareness program vector and transmission of will be launched to prevent disease from outside covid-19 infection/ workforce. contamination and from the STDs.

26 Reducing the land use Appropriate route selection to minimize

impacts

Maximum use of existing road and public land

Collection of spoils and its management in scientific way

ESMP Implementation Structure and Stakeholers Responsibility

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The overall project environmental management is the responsibility of PIU. The ESMP shall be prepared to show linkages with different parties to be involved directly or indirectly during the different phases of project development and operation in compliance with the existing Act and Rules.

Category III: NUGIP interventions requiring Codes of Conduct NUGIP sub projects which don’t fall into categories I and II shall follow Codes of best practices during the implementation and operation phases. This category has clearly minimal or no impacts; very simple or no mitigation required Environmental codes of practices provide technically specified solutions illustrating the general principles of environmentally sound and sustainable planning, design and construction. This will help to enhance positive impacts and to avoid or lessen adverse or negative impacts. This environmental and social code of practices should be applied in conjunction with the standard technical standards for preparation of designs of civil works and during implementation. The NUGIP sub projects requiring application of best practice code of conducts are component 2 activities such as: 1) Environmental Enhancement Projects 2) Minor repair and maintenance works 3) Small scale rain water harvesting schemes

The generic environmental best practices to be followed for NUGIP Sub projects and interventions are elaborated below: ▪ Solid Waste Management, including medical wastes, should be based on Reduce, Reuse, and Recycle (3R) principles: Generation of solid, semi-solid and liquid waste requires proper on site management and scientific disposal. ▪ As there may be settlements around the component 2 activities, no or few nuisances to the community should be produced. Examples: use of less noisy equipment and no work during night hours as well as adoption of Environmentally Sound Technologies (energy efficient system design, selection of less polluting technology) in civil construction. ▪ Covid-19 regulations and Health and Safety Standards (e.g., use of personal protective equipment, use of safety signs) should be adopted in construction areas and replacement activities, ▪ Environment, Health, and Safety (EHS) related orientation and job specific training should be provided to employees; IFCs General Environmental Health and Safety Guidelines section 2.2 (Occupational Health and Safety ; Communication and Training shall be followed ▪ Strict implementation of ESMP, adherence to GoN Rules, Regulations, Policies and World Bank policies, and compliance with formats and checklists developed by ministries ▪ Correction of shortcomings, periodic review meetings, clear assignment of roles and responsibilities ▪ Environmentally friendly technologies and awareness rising in environmental (including cultural and archeological) should be promoted. ▪ Information dissemination and public consultations prior, during and concomitant to the garner understanding and consensus should be an integral part of all activities under NUGIP

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Appendix D: Initial scoping for subprojects

Pokhara:UpgradationofTalchowk- BegnasRoad KeyEnvironmentalIssues

• The project is expected to end approximately500mawayfromRamsarsite(Begnaslake).Sincethisisanurbanroadproject and at the fringes of the lake, it is important to determine its impact on the lake’s catchment area. • AsTalchowkisneartothelakethereismorewatervaporintheairduetowhich Proposed length: 3.2 Km inwintertheyhavelotoffoginthesurrounding area.Whentherewillbe

RoW: 30m increaseintrafficandvehicular pollution thefogwillbecomedenserwhich mightleadtodeteriorationofairqualityaswellas visibility. Carriage way: 14m tillSisuwa Chowk • Privatetreeswill becutduringRoWclearance,someofthetreesarefruit bearing • Roadshavewaterstreamsandculvertsoverit,duringconstructionwater 7m afterthat intersection pollutioncouldbeanissue • Thereare un-utilizedcanals alongthe road (the land shouldbelongto Designfeatures: Road, greenarea, flexible irrigationdepartmentand thereshouldbe user group)whichneedsto be shifted pavement, trafficsigns, street furniture, • Electricpoles,telephonelinesanddrainsneedto beshifted cyclelane • During operations, theincreaseinm o v e m e n t ofvehiclesmightcause significantairpollution • Roadhavesensitivereceptors (bothhospitals andschools)ontheside –air pollutionandnoisepollutionisimportantissue Benefitsofthe project: KeySocialIssues

• ProjectwillincreasetourismtoBegnasLake • RoWwasclearedfewyearsbackbutthereisencroachmentfromfarmers • Thiswill provideeconomicopportunitiestolocals whichwillhavetoberemovedwhichmightleadtocroploss • Currentlytherearelotofroadaccidentshappeningwhich • Disruptiontobasicutilitiesandcommonpropertyresources couldbereducedbyusingsignalandspeedcontrolandroad • Fewhomeshavebuiltrampsforaccessroadswhichwillhaveto bedestroyed crossingfeaturesintheproposedproject • A religiousplacebuiltby mothers’ groupwillberelocated • Roadconnectstoessentialserviceslikehospitalandschool • Proposeddrainagesystemwillreducetheinundation happeningeveryyear • Reducetimeforcommuting

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UrlabariMunicipality:UpgradationofKrishna Chowk to Communityforest officeroad

KeyEnvironmentalIssues

• Theroadterminatesatcommunityforestoffice,hencetheproximityof communityforestisanenvironmental concern.Howevertheroaddoesnot passorrequireanyforestland,thereforetheimplicationsoftheprojecton thecommunityforestareminimal. • CuttingofprivatetreeswhichbelongtoKadamandBakainaaspecies Proposed length: 5.275 Km • Roadhavewater streamsandculverts overit,during constructionwater pollutioncouldbeanissue RoW: 12 m • Electricpolesneedto beshifted • Road have sensitive receptors (school) – air pollution and noise Carriage way: 7m pollutionisimportantissue • Duetoincreasedaccessibilitytocommunityforest,therecouldbeincreasein Designfeatures: Road, utility duct on both Illegalwaterlogging sides, pavement, street furniture, cyclelane, KeySocialIssues Tactiletileto aidmovement ofvisuallyimpaired, Junction improvement ofKrishna Chowk • RoW is not cleared in Tribeni Sunjoda stretch but Municipality has ascertained peoplehavelandownership documentandwouldbewilling to donateportionofland • Thereisan agriculturalland,partoflandwillhaveto beacquired • Therewillbedamagestostructureslikeboundaryofhouseandschool, privatehandpump Benefitsofthe project: • Disruptiontobasicutilitiesandcommonpropertyresources • Duetohighimmigrationratemosthouseholdsarewomenheaded.Dueto • Willimproveeconomicprospectsfordhamilcommunitywhichis projectsomeofthe temporaryshops(ownedbyfemales)haveto be sociallydeprivedIP shifted.Ifthelandownershipisontheir name,transferringportionof land • Duetolackof puccaaccessroad,rateofdevelopmenthasbeenvery tomunicipalitymightbringconflictinhousehold.Duringconstruction,there slowandveryfewpublic busesplyontheroad willberiskofraiseinsafetyissueoffemales. • It willimproveconnectivityofpublictransportation • Due tolabor influx,theremightbe riseinconflictdue tosharedresources • Reducecommutingtimeto healthfacility,highergradeschool, Likefuelwood marketetc.Currently,communityhastotravelatleast7-8kmto • ProjectalignmentrunsalongSunjhodaRiverbank,duringconstructionfew accessthesefacilities,whichtakesthemmanyhoursasthereisno settlement’sroadaccessibilitywillbeimpacted directconnectivity. • Mightalsoreduceimmigrationrate • Drainagesystemwillreducethefloodingoftheroad

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DamakMunicipality:Upgradationofroadat wardno. 2and5- P21

KeyEnvironmentalIssues

• Roadshavewaterstreamsandculvertsoverit,duringconstruction Waterpollutioncouldbeanissue • CuttingtreesfromKadamspecies • Electricpolesneedto beshifted • Roadhavesensitivereceptors(school)–airpollutionandnoise pollutionisimportantissue Proposed length: 4.861Km • Duetoincreasedaccessibilitytoriverbed,therecouldbeincreasein

RoW: 12 m Illegalsandmining • Clearingoftrees Carriage way: 7m KeySocialIssues

Designfeatures: Road, utility duct on both • Thereisagriculturalland, partoflandwillhaveto beacquired sides, pavement, street furniture, cyclelane, • Therewillberelocationofonetemporaryshopownedbybackward group Tactiletileto aidmovement ofvisuallyimpaired, • Disruptiontobasicutilitiesandcommonpropertyresources • Lackofsufficientpublictoiletsandhenceopendefecation Junction improvement of TarabariDipu • Withconstructionofprojecttherewill beincreaseinmovementof

heavyvehiclesaswellasothermotorized vehiclewhich willincrease Benefitsofthe project: roadsafetyconcerns • Duetolaborinflux,theremightberiseinconflictduetoshared • Reducecongestionon East-WestHighway Resourceslikefuel wood,water,food • Duetolackof puccaaccessroad,thereislot of dustdispersionby vehicularmovement • Thereisfloodinginmonsoon,culvertsarenotproperlyconstructed, andriverbedrisesduetosedimentation.Projectwillimprove drainagesystemandculvertsaswell. • Willbringmoreeconomicopportunitiestothearea.Currently, communityisnotabletodevelopmarketplaceastheroadis kuccha thereislimitedtraffic movement

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Birtamod Municipality:Upgradationof Buttabari-Pyakurel Road-P15

KeyEnvironmentalIssues

• ThereisaNationalForestPatch(CharaliForest)maintainedbycommunity at the easternsideofprojectroadatadistance of0.250to1.000Kmrange. DeniaKhola,aperennialriverflowsadjacenttotheforestareaontheeasternside Proposedlength: 6.26Km ofprojectroad.Butastheroadisintermediate whichwillhavelimitedtraffic therebylimitedenvironmentalimpact • Roadshavewaterstreamsandculvertsoverit,duringconstructionwater pollutioncouldbeanissue • Electricpolesneedto beshifted RoW:12m(9-10mat • Roadhavesensitivereceptor(school)–airpollutionandnoisepollution SaraswatiSchoolArea) Carriageway: Isanimportantissue • NearKhoparionproposedroad,therewasalow-lyingsmallsectionof50mwhich was 7m affectedduetowaterloggingfor quitealongtime Designfeatures: Road,utilityduct on • Herdof migratoryElephant(6-13ina herd)usetofollowCharaliforestpatch both sides,pavement, street, Tactile tile to aidmovement tomigratetowards JalthalNationalForest. JalthalForest islocatedabout8km ofvisuallyimpaired, Junction improvement at E-W awaytothesouthernsideofprojectroad.Elephantmigration occursabout3 Highway JunctionandBirtamodChandragadhi timesintheyearduringharvestingseasonsintheassociatedarea Road,minorbridges • Clearingofprivatetrees

KeySocialIssues

Benefitsofthe project: • Therewillberelocationofaschoolwhichisalreadyunderprocess • AfewindigenouswomensellBhakka(indigenouscookedbread onvapor)on • Duetolackof puccaaccessroad,thereislotdustdispersionby theroadsidewhichwillberelocated. vehicularmovement • Disruptiontobasicutilitiesandcommonpropertyresources • Thereisfloodinginmonsoon,culvertsarenotproperlyconstructed. • Withconstructionofprojecttherewillbeincreaseinmovementofheavyvehicles Projectwillimprovedrainagesystemandculvertsas well. aswellasothermotorizedvehiclewhichwillincreaseroadsafetyconcerns • Willbringmoreeconomicopportunitiestothearea • Duetolaborinflux,there might beriseinconflictdueto sharedresourceslike • Accessibilitytolocalreligiousplaces Fuelwood,water,food,raisewomensafetyconcerns

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Appendix E:Environmental & SocialMitigation Measures EnvironmentalImpactsandMitigationMeasures EnvironmentalImpact / ResponsibleEntity MitigationMeasures Aspect DESIGNSTAGE The proposedalignment/design tobeselected/ DPRconsultant,PCO, adjusted Municipalities to minimize landacquisition Consideration ofDesign toavoidsocially,culturally&environmentally Alternatives sensitive areas–structures, Common Property Resources, cultural properties, waterbodies,vegetationcover,forestetc. Variousissuesraisedduringpublic DPRconsultant,PCO, Issuesfromstakeholder consultationtobeexamined&suitably Municipalities consultations incorporatedbasedon merit&othersafety measures

DesignforGeologically Provisionof retainingwall/breastwall(as DPRconsultant,PCO, Unstable/Land Slide prone areas applicable)andothersuitablemeasuresfor Municipalities landstabilizationshouldbe adopted ImpactonEcologically Priorcareshouldbe giventofinalizethe project DPRconsultant,PCO, Sensitive areaslikeProtected location/s.Projectshouldn’tbedevelopedin Municipalities Areas (National Parks, suchecologicallyfragileor inthevicinitywhich WildlifeReserve, Hunting mayhaveplausibleimpactontheseecosystems Reserve,Conservation Areas, BufferZones), Ramsar Site, Breeding, NestingGroundof migratoryspecies, Wildlife Corridor/MigrationRouteetc. Toavoidimpactonhistoricallysignificant DPRconsultant,PCO, Impactonhistorically archaeological/anthropologicalsites,the Municipalities significantsites projectdevelopmentshouldn’tbecommenced in the vicinityof historicallyimportantsites Roadsafetyissueduetopoor Designofgeometricimprovementsasper DPRconsultant,PCO, geometrics designstandards Municipalities PRE-CONSTRUCTION STAGE LandAcquisitionand LossofProperties AcquisitionofPrivateLand Compensationforloss ESIA consultant, ULGs, Impacton structures/properties Livelihoodrestoration PCO,Municipalities

Trainingandcapacitybuilding Impactonvulnerable communities EngagingPAPsinprocessofproject development

ShiftingofUtilities Allcommunityundergroundandoverhead DPRconsultant, utilitieswillbeshiftedasperproperUtility concerneddepartment/s, RelocationofUtilities ShiftingPlanaftertakingpriorpermissionfrom PCO,Municipalities concerneddepartments likeElectricity, Telecommunications, Waterworksetc.

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EnvironmentalImpact/ ResponsibleEntity Aspect MitigationMeasures Drinkingwatersourcetobe replacedin DPRconsultant, consultationwiththelocals.Temporary concernedstakeholders, Lossofdrinkingwatersource arrangementsshouldbe provided,if PCO,Municipalities theexistingwatersupplyis likelytobe disrupted/disturbed Mobilisation&Site Clearance TreesandVegetationcoverwillberemoved fromthe ESIAConsultant, projectdevelopmentareabeforethe Contractor,PCO, Commencementof Constructionafterobtaining Municipalities necessarypermissionsfromtheforest Removalof Trees &Vegetation Department.Provisionforcompensatoryplantationshou Cover ld be keptasperthe guidelineof the Forest Department

ForestClearancefromForestDepartmenttobe ESIAConsultant, LossofForestLand obtainedpriortoinitiationofanyactivityon forest Contractor,PCO, Municipalities LossofAgriculturalLand&Cro Compensationtolandownerforacquisitionof ESIAConsultant,PCO, ps landanddamageofcrops(asapplicable) Municipalities Existingstructures(ifany)fromproject ESIAConsultant, Dismantlingof Existing developmentareashouldbedismantledafter Contractor,PCO, Structures takingformalconcurrencefromrespective Municipalities stakeholder/s Mobilizationof Crushers, Specificationsofcrushers,constructionplants, Contractor,PCO, Constructionplants,other OtherConstructionVehicles,Equipmentand Municipalitiesinco- ConstructionVehicles, Machineryshouldcomplytothenormsof ordinationwithDSC EquipmentandMachinery pollutioncontrollegislationsofNepal Ideally theconstruction camps should be located Contractor, PCO,

atleast 500mawayfromhabitations Municipalitiesinco- ordinationwithDSC awayfromsensitivelocations. Settingupof construction TheContractor duringtheprogressofwork camps willprovide,erectandmaintain necessary (temporary) livingaccommodation and ancillaryfacilitiesforlabourtostandardsand scalesapprovedbytheWorldBank. Followingpointsaretobe consideredfor Contractor,PCO, SelectionofsiteforDebrisdisposal- Municipalitiesinco- It shouldnot belocatedwithindesignated to restore ordinationwithDSC

Identificationofconstruction ecologicallysensitiveareas debrisdisposalsite The dumping should not impact natural drainagecourses Settlements should be located acceptably awayfromthedisposalsite

Vehicles carrying dismantled materials Contractor, PCO,Municipalitiesin shouldbecovered toreduce spillsanddust blowingofftheload. coordinationwithDSC Water spraying should be carried out at GenerationofDustand regularintervalstolimitthedusttobelow Emissionfromsiteclearing Plants,machinery andequipment shallbeso equipment handled(including clearingand dismantling) asto minimize generationofdust. Allvehicles,equipment andmachinery used forconstructionshallberegularlymaintained

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EnvironmentalImpact/ ResponsibleEntity MitigationMeasures Aspect Toensurethatpollutionemission levels complywiththerelevantrequirements of MoFE Regular monitoring of ambient air quality shouldbeconductedfortheparameters like PM10, PM2.5, SO2,NOx,CO,O3,at suitablelocations CulturalandReligiousproperties shouldbe Contractor, PCO, ShiftingofCultural/Religious shiftedtothenearbylocation inconsultation Municipalitiesincoordination Properties withlocalcommunityandadministration. withDSC CONSTRUCTIONSTAGE Priortoinitiationofconstructionwork ESIAConsultant, Clearancesandapprovals necessarypermissionsaretobetakenfrom Contractor,PCO, respective stakeholders. Municipalities Land Main reason of soil erosion is downpour. Contractor,PCO, Contractor shouldplantheactivitiessothatno naked Municipalitiesincoordination /looseearthsurfaceisleftoutbeforethe withDSC onsetofmonsoon. Forminimising thesoilerosionfollowingpreventive measurestobe takensuchas: Topsoilfromborrowarea,debrisdisposal sites,construction sitetobeprotected/ coveredforsoil erosion. Debris due to excavation of foundation, dismantling ofexistingstructurewillbe SoilErosionand removedfrom thewatercourse immediately Sedimentationcontrol andshouldbe reusedfor backfilling. Alonglocations abuttingwaterbodies,stone pitchingcan be carriedout. Embankmentslopestobecovered,soonafter completion. Diversions for bridges/culvertswillbe removedfromthe water coursebeforethe onsetofmonsoon Allareastobepermanentlycoveredorborrow areas will Contractor,PCO,Municipaliti

be strippedtoadepthof150mmand esincoordinationwithDSC

Storedinstockpile.Thestockpilewillbedesignedsuchtha

tthe slopedoesnotexceed1:2(verticalto

horizontal),andthe heightofthepileis tobe

restrictedto2m.Thestockpilesshouldbe

coveredwithgunnybagsor tarpaulin.

Topsoilwill besafeguardedfromerosionand

willbereusedas follows: Lossofagriculturaltopsoil Coveringallborrowareasafterexcavationis over. Dressingofslopesofroadembankment Agriculturalfield,acquiredtemporarily Landscaping

Constructionvehiclesshouldoperatewithinthe Contractor, PCO, CompactionofSoiland projectdevelopmentzoneto avoiddamaging Municipalitiesincoordination DamagetoVegetation soilandvegetationofoutside. withDSC

EnvironmentalImpact/ ResponsibleEntity MitigationMeasures Aspect

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Diversions,accessroadsusedwillberedeveloped byContractor tothesatisfactionof theowner/ villagersoncetheconstructionworkisover. While operating on temporarily acquired agriculturallandforanyconstructionactivities, topsoilwillbe preservedin stockpiles. DuetohandlingofHazardouswaste Contractor, PCO, Vehicle/machinery and Municipalitiesincoordinatio equipmentoperation,maintenance and refueling nwithDSC shall becarried outinsuchafashion thatspillage offuelsandlubricants doesnotcontaminate theground. Fuelstorageshallbeinproperbundedareas. Allspillsandcollectedpetroleum products shallbedisposedofinaccordancewith Government Contaminationofsoil ofNepalguidelinesatdesignatedlocations. Oilinterceptorshouldbeinstalledat construction siteforwashdownand refueling areas. Septic tankwill beconstructed forsafe disposaloflabourcampwaste.

Quarry material shall be sourced from Contractor,PCO, approvedand licensedaggregateand sand quarries. Municipalitiesincoordinatio Foroperatingnewquarries,theContractor nwithDSC shallobtainmaterialsfromquarriesonlyafter consentoftheconcernedauthoritiesandonly afterdevelopmentofacomprehensivequarry 1.Quarrying redevelopmentplan.

Adequatesafetyprecautionsshallbeensured duringtransportationofquarrymaterialfrom 2.Materialsources quarriestotheconstruction site.Vehicles transporting thematerialshallbecoveredto preventspillage.

Debrisgeneratedduetoexcavation,dismantlingofstruct Contractor, PCO, GenerationofDebris ures, cuttingofthehilletcshouldbe Municipalities in suitablyreusedintheconstructionactivitytothe coordination with DSC extentpossible Thedisposalofdebrisshallbecarriedoutonly Contractor, PCO, atsitesidentified for the purpose. All Municipalitiesincoordination arrangementfortransportation, dismantling withDSC Disposalof Debris andclearing debris shouldbeplannedand implementedbytheContractor inan environmentallyacceptablemanner Air Vehicles delivering materials should be Contractor, PCO, coveredtoreducespills anddustblowing off Municipalitiesin theload. coordinationwithDSC Dustgenerationand gaseous Clearingand grubbingtobe done, justbefore emissionfromconstruction thestartofnextactivityon thatsite. activitiesandequipment Watersprayingisneededtoaidcompactionof the earth material. After the compaction,

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EnvironmentalImpact/ ResponsibleEntity MitigationMeasures Aspect water spraying should be carried out at regularintervalstolimitthedusttobelow Construction surfaces shouldbecleanedwith aircompressor andvacuum cleanerspriorto theconstruction works.Manuallabourusing brooms should beavoided, ifusedlabour to be providedwithmasks. Forroads,embankment slopestobecovered withturfing/stonepitching immediately aftercompletion. TheContractorshall take everyprecautionto reducethelevelofdustemissionfromthehot mix plantsand thebatchingplants Plants,machinery andequipment shallbeso handled(includingdismantling) asto minimisegenerationofdust. Allvehicles,equipment andmachinery used forconstructionshallberegularlymaintained toensure thatpollutionemission levels complywiththerelevantrequirements of MoFE Regular monitoring of ambient air quality shouldbeconductedfortheparameters like PM10, PM2.5, SO2,NOx,CO,O3,Pbat suitablelocations

Onlythecrushers already havingvalidlicense Contractor,PCO, PollutionfromCrusher ofGoNshall beused. Municipalitiesincoordinatio nwithDSC Water Contractor, PCO, Proposedsite should be devoid of any waterbody Municipalitiesincoordinatio sothatnoacquisition ofwater bodytakesplace nwithDSC In case of unavoidable situation(like widening ofroad)ifthewaterbody ispartly affected; thevolumetric lossofcapacity shouldbecompensated byexcavation ofan equalvolume ofsimilardepthatclosest possible location shouldbedoneinan environmentallyacceptablemanner Debrisshouldn’t bedisposed ornomaterial should bestorednearanywaterbody which threatstocausevolumetric lossofwater resourceduetosiltation Impacton waterresources Siltfencingtobeprovidedintheconstruction areas(nearwaterbodies) Priorpermission fromauthoritiesforuseof water(surface/ground) forconstruction activityshouldbetaken. Constructionlabours to be restricted from pollutingthesourceor misusingthe source. Shifting of drinking water source to be

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EnvironmentalImpact/ ResponsibleEntity MitigationMeasures Aspect completedpriortodisruptionoftheactual source Alternate measurestobetaken/ensuredduringdisruptedper iod. Source tobereplaced immediately, in case of accidentalloss. If any alteration of existingdrainage is Contractor,PCO,

requiredthendiversions willbeconstructed Municipalitiesincoordinatio

duringdryseason,with adequate drainage facility, nwithDSC

and willbecompletely removed

beforetheonsetofmonsoon Alterationofdrainage Debris generated dueto the excavation of foundationorduetothedismantling of existingstructure willberemovedfromthe SurfaceRunoff&Water watercourse Logging Siltfencing tobeprovidedonthemouth of dischargeintonaturalstream Siltationinwaterbody Properdrainage network tobedeveloped to avoidanyimpactondrainage conditionand tocatersurfacerunoffflow.

Contractorshouldidentifyalistofsources Contractor, PCO, (surface/ ground)forconstructionwater Municipalities in Priorto use of water (surface/ground) permission coordinationwithDSC shouldbetakenfromrespective authority Duringconstructiononlypermittedquantity Waterrequirementfor (permission taken)fromapprovedsources project/stressonwater willbeused. source Contractorwillensureoptimumuseofwater; wastage ofwaterinconstruction/labourcamp shouldbereligiouslyrestricted.

Measuressuggestedunder“SoilErosionand Contractor, PCO, Sedimentationcontrol”shouldbefollowed. Municipalities Silt fencing should be provided in the incoordinationwithDSC Silting/sedimentation constructionareasnearwaterbodies. Construction activities should be avoided nearwaterbodiesduringmonsoon. Measuressuggestedunder“Contaminationof Contractor, CO, soil”will beenforced. Municipalities in Construction work close to water bodies coordinationwithDSC shouldbeavoidedduringmonsoon.

Silt fencing should be provided in the

constructionareasnearwaterbodies.

Labour campsshouldbelocatedawayfrom Contaminationof water waterbodiesandshouldbeequipped with septictank. Caretobetakensothatthedischarge from labourcamp/construction campdoesn’t contaminatesurfaceor groundwater Carwashing/workshopsnearwaterbodies

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EnvironmentalImpact/ ResponsibleEntity MitigationMeasures Aspect shouldbeavoided. Oilinterceptorshouldbeinstalledatsuitable locations Waterquality(surfaceand ground)should bemonitoredatsuitablelocations Contaminationof Ground Necessarycareshouldbegivenduringwell Contractor, PCO, waterduringboring/well construction topreventaccidental contaminationof Municipalities in construction Groundwater coordinationwithDSC Noise Noise standard at processing sites, e.g. aggregate Contractor, PCO, crushing plants, batching plant, Municipalities in hotmixplantwillbestrictlymonitored to coordinationwithDSC preventexceedingofnoisestandards. Workersinvicinityofloudnoise,andworkers workingwithorincrushing, compaction, concretemixingoperations shallwear earplugs andtheirworking timeshouldbe limitedasasafetymeasure.

Inconstructionsiteswithin150mofsensitive

receptorsconstruction willbestoppedin Night-

time(from22:00to06:00).

Machineryand vehicleswill bemaintainedto NoisefromVehicles,Plants keeptheirnoisetoaminimumlevel. andEquipment,Blastingor Pre- splittingOperations Noisebarriersmaybe constructedatsensitive receptorlocations. All vehicles and equipment used in construction shallbefittedwithexhaust silencers. During routine servicing operations, the effectiveness ofexhaustsilencersshouldbe checkedandiffoundtobedefective shallbe replaced.

SitesofHistorical /CulturalImportance The contractor should keep provisions for Contractor, PCO, managing chancefindswhichwillbeapplied Municipalities intheeventifcultural heritageis subsequently incoordinationwithDSC discoveredorencountered unexpectedly duringprojectdevelopment. Thecontractor ChanceFinds shouldensurenodisturbance toanychancefindfurtheruntilanassessment bycompetentprofessionals ismadeand actionistakenbyconcernedauthority. Flora&Fauna Clearingofvegetation/treesmustbelimited Contractor, PCO, onlywithinprojectdevelopmentzone. Municipalities in Avoidabletreesmust besaved coordinationwithDSC Fellingof trees and Possibility for transplantation of trees shouldbe disturbanceof vegetation explored cover Plantation/afforestationactivityshouldbe activityinitiatedinaccordancetoGovt.of

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EnvironmentalImpact/ ResponsibleEntity MitigationMeasures Aspect Nepalafforestationpolicy Provision of LPG should be kept for construction campasfuelsourcetoavoid treecutting Construction camps shouldbelocatedaway Contractor, PCO,

fromecologicallysensitiveareas Municipalities in coordinationwithDSC Constructionworkers must protect natural resourcesandwildanimals. Huntingmust be prohibited. Nestinggrounds&migratorypaths/wildlife corridor ImpactonFauna ofthevicinity(ifany)shouldbe protected. Compensatory afforestationshouldbetaken uptomitigatelossofbiodiversity associated withlossoftreeandvegetationcover

Itshouldbeensuredthattreatedwasteare Contractor, PCO, onlydischarged todrainage systems(which Municipalities in eventuallymeetaquaticsystem). coordinationwithDSC Disturbance ofaquatic ecosystem Provision for silt fencing/Oil interceptor shouldbe duetounwanted keptforsuitablelocations discharge,malhandling of Construction materials should be handled material properlytoavoidaccidentalcontaminationof aquaticsystem Socio–Economic Environment Debris generated should be disposed of properly Contractor, PCO, indesignateddisposalsite/s Municipalities in Monitoringofair,water,noiseandsoilshould coordinationwithDSC PublicHealthandSafety beconductedtocrosscheck environmental conditionand to take necessarymitigation measuresifrequired. The Contractorwillprovide,erectand maintain Contractor,PCO, barricades,includingsignsmarkingflats,lights Municipalitiesincoordi ThreatofAccidents andflagmenasrequiredin theprojectduring nationwithDSC constructionphase Theconstruction worksshouldnotinterfere Contractor, withorcauseinconvenience topublicor PCO,Municipalities in TemporaryLossof restricttheaccesstouseofpropertieswhetherpublic coordinationwithDSC Access/TrafficCongestion or private and plan for traffic decongestionshouldbe kept.

Road Safety And ConstructionSafety Detailed Traffic Control Plans should be Contractor, PCO, prepared. Thetrafficcontrolplansshould Municipalities in containdetailsofarrangements for construction coordinationwithDSC undertrafficanddetailsof trafficarrangementaftercessationof work eachday. TrafficControlandSafety The Contractor shall take all necessary measures forthesafety oftrafficduring constructionandprovide,erectandmaintain

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EnvironmentalImpact/ ResponsibleEntity MitigationMeasures Aspect Suchbarricades, includingsigns,markings, flags, lightsandflagmen asmayberequired fortheinformationandprotection oftraffic approachingorpassingthroughthesectionof theroadunderimprovement. TheContractorisrequiredtocomplywithall Contractor, PCO,

theprecautions asrequiredforthesafetyof Municipalities in

theworkersaspertheInternational Labour coordinationwithDSC

Organisation(ILO).

The Contractor shall supply all necessary safety appliances such as safety goggles, helmets,masks,etc.,totheworkersandstaff. RiskfromConstructionWork The Contractorhas to comply with all regulationregardingsafescaffolding,ladders, workingplatforms, gangway,stairwells, excavations,trenchesandsafemeansofentry andegress. Nochildlabourshallbeutilizedintheproject

Contractor, PCO, Adequateprecautionsshouldbebetakento Municipalities in RiskfromElectricalEquipment preventdangerfromelectricalequipment. All necessary fencing and lights will be coordinationwithDSC providedtoprotectthe public. All workers employed on mixing asphaltic Contractor, PCO, material,cement,limemortars,concreteetc, will Municipalities in beprovidedwithprotectivefootwearand coordinationwithDSC protectivegoggles. Workers, whoareengagedinweldingworks, wouldbeprovided withwelder’s protective eye- shields. Stonebreakerswillbeprovided RiskatHazardousActivity withprotectivegogglesandclothing andwill beseatedatsufficientlysafeintervals. Theuse of anytoxic chemicalshallbestrictly inaccordance with themanufacturer’s instructions.

All reasonable precaution will be taken toprevent Contractor, PCO, danger oftheworkers andthepublic fromfire,flood, Municipalities in drowning,etc. All necessary coordinationwithDSC RiskcausedbyForceMajure stepswillbetakenforpromptfirstaidtreatment ofallinjurieslikelytobesustained duringthe courseofwork. Ateveryworkplace,areadilyavailablefirst Contractor, PCO, aidunitincluding anadequate supplyof sterilised Municipalities in dressingmaterialandappliances willbeprovided. coordinationwithDSC Suitable transport should be provided to FirstAid bringinjuredorillperson(s) tothenearest applicablehospital.

Latrinesinconstruction/labourcampshould be Contractor, PCO, providedwithseptictank. Municipalities in HealthandHygiene The septic tank should be cleaned periodically. coordinationwithDSC

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EnvironmentalImpact/ ResponsibleEntity MitigationMeasures Aspect Theeffluentscanbedivertedforhorticulture insidethecamps. Workersmusthaveaccesstopotablewater. Garbagebinsmustbeprovided inthecamps andregularly disposedoffinahygienic manner. Adequate health care facility should be providedfortheworkforce.Unlessotherwise arranged forbythelocalsanitaryauthority, thelocal medicalhealth ormunicipal authorities. On completion of the works, all such temporary structures shallbeclearedaway, septictankandotherdisposal pitsshouldbe filledinenvironmentallyacceptablemanner

Contractor should prepare site restoration Contractor,

plans.TheplanistobeimplementedbytheContract PCO,Municipalities in

orpriortodemobilisation. coordinationwithDSC

On completion of the works, all such temporary ConstructionCamps’ structures shallbeclearedaway, Restoration septictankandotherdisposal pitsshouldbe filledinenvironmentallyacceptablemanner. Residualtopsoil(ifany)willbedistributedon adjoining/landscapingareas. ThemonitoringofAir,land,waterandNoiseto Contractor, PCO, MonitoringofEnvironmentalQuality becarriedoutatsuitablecriticallocationsof Municipalities in projectsite. coordinationwithDSC POST-CONSTRUCTION STAGE STAGE • Clean up the project site and clear the working Contractor Stockpiles, solid wastes and area of unutilized construction materials and construction debris heavy equipment • Conduct a final clean-up of solid wastes • Proper disposal of construction debris

Signages, barriers, road obstructions • Removal barriers and other signages Contractor

Waterways • Ensure that waterways are not clogged with Contractor construction debris and other waste materials

OPERATIONSTAGE PCO,Municipalities Siltfencing, Oil&Greasetraps,etc.shallbe provided toensure thatthewaterqualityis notimpairedduetocontaminants fromroad run- Soil/Water quality off. degradationdue to surface run-off Monitoringshallbecarriedout at suitable locations Provisionforproperdrainagenetworkshould be kept

Contingency planstobeinplaceforcleaning PCO,Municipalities upofspillsofoil,fuelandtoxicchemicals. Spill of oil, fuel and automobile servicing unitswithoutadequate disposalsystemsin placetobe discouraged.

Accidental spills are potentially disastrous, butitsprobability isquitelowasoneofthe Contamination ofSoiland objectives ofthisprojectistoenhance road safety. WaterResources from The Public will be informedabout the Spills/Accidents regulationsonland pollution. Landpollutionmonitoringprogramhasbeen devisedforchecking pollution leveland suggestingremedialmeasures.

Increaseof PollutionLevel Dustsuppression PCO,Municipalities

EnvironmentalImpact/ ResponsibleEntity MitigationMeasures Aspect InAmbientAir HORN PROHIBITED sign post will be enforced PCO,Municipalities

Maintenanceofnoisebarriers Noise The public will be informed about the regulationson noisepollution.

Compensatoryafforestation PCO,Municipalities Ecology Protectionofplantedtrees Depending on the level of congestion and PCO,Municipalities traffichazards,trafficmanagementplanswill be prepared. Traffic control measures including speed limitstobeenforcedstrictly. TrafficandAccidentSafety Road control width to be enforced. Local government bodiesanddevelopment authorities willbeencouraged tocontrol buildingdevelopmentalongthe highway. Asrecommendedunderconstructionsection Contractor, PCO, Generationofdustandnoise Municipalities in duetomaintenancework coordinationwithDSC Theconstruction worksshouldnotinterfere Contractor, PCO, withorcauseinconvenience topublicor Municipalities Temporarylossofaccess/trafficcon restricttheaccesstouseofpropertieswhetherpublic incoordinationwithDSC gestion or private and plan for traffic decongestionshouldbe kept. Riskofaccidental Immediate action to restrict the Contractor, PCO, contaminationofsoil/surface, contaminationandoverflowofsewage Municipalities in groundwaterresourceand coordinationwithDSC possibilityof mixingwith watersupplylineduetoleakages/ overflowsfromthe sewerlinesinoperation phase

Chanceofcontaminationdue Segregationofwasteatsource. Contractor, tohandling,transportation Collectionofwasteatregularinterval. PCO,Municipalities in anddisposalofsolidwaste Propercollection,handling and disposalof coordinationwithDSC andsewagetreatmentplants wasteisnecessarytoavoidcontamination of surroundingsoil,waterenvironment and nuisanceduetogenerationoffoulsmell. Maintenanceofdisposalsite

Riskofcontaminatingsurface Proper monitoring of landfill site and its PCO,Municipalities andgroundwaterbyseepage maintenance andleachatefromdisposal sites& Slopestabilization destabilization of heapsof wasteatthelandfillsite

ThemonitoringofAir,land,waterandNoisetobecarriedo PCO,Municipalities EnvironmentalMonitoringat utidentifiedcriticallocationsas identified criticallocations

Appendix F: Contents of the Resettlement Action Plan

ContentsoftheResettlementActionPlan(RAP)shallincludethefollowingasabasic minimum:

ExecutiveSummary

Projectdescription

ObjectivesandStudyMethodology

Socio-EconomicProfileofthe projectarea

RegulatoryPolicieswithrespecttoSocialSafeguards

ProposedImprovementsunderthe project

Optionsconsideredforminimizingadverseimpacts

AssessmentofProjectimpacts

BaselinesSocioEconomicSurvey

PublicConsultation&DisclosureandPlan

Natureandmagnitudeofimpacts

Typeofimpacts

CompensationandR&Rassistance

LivelihoodRestorationand IncomeGenerationPlan

GenderDimensionsandActionPlan

GrievanceRedressMechanism

ImplementationScheduleandBudget

InstitutionalArrangements

ImplementationArrangements

Monitoringand Evaluation

ARAPwouldbe preparedcoveringthefollowingminimumelements:

A censussurveyofdisplacedpersonsandvaluationof assets;

Descriptionofcompensationandotherresettlementassistancetobe provided;

Consultationswithdisplacedpeopleaboutacceptablealternatives;

Institutionalresponsibilityforimplementationand proceduresforgrievanceredress;

Arrangementsformonitoringandimplementation;and

A timetableandbudget.

Appendix G: Assessment of Institutional Capacity

AglimpseofInstitutionalStrength(E&SDepartment)ofEasternClusterMunicipalities

Particulars Birtamod Damak Urlabari Sundar Mechinagar Itahari Rajbiraj Triyuga Dhankuta Haraicha SeparateEnvir Yes Yes No Yes Yes Yes Yes Yes Yes onment&Socia l cell Efficacy of •5Environment •Environment •Staff are •10 permanent •Staff are •Headoftheunit •Bothexperts •1Environmental E&S and 3 Socialstaff staff are hired permanent staff involved in permanent ispermanentand are Staff&3Social departments (including ontemporary •Staff arenot survey work and temporary others staff are permanent Staff permanent and basis. Social involved in pertaining •The temporary. •Staffarenot •Staff are not temporary) involv staff is projectplann tosocial and Environment •Department is involved in involved in ed in preliminary permanent ingor environmental officer had responsible for project project survey work •Staff are not appraisal assessment pastexperience coordinationand planning or planning or pertaining to involved in process of conducting facilitationofthe appraisal appraisal social and projectplanni •Municipalityh IEE/ESIA environmental process process environmental ng or as studies. He is and social •Municipality •Municipality assessment (like appraisal experience alsoresponsible committeeunder hasexperienc hasexperience assessment of process in preparing for monitoring themunicipality eof of preparing impact on trees, •Municipalityh ESIA/ESMP of •The department’s preparing EIA/ ESMF structures) as through efficacy of roles include ESIA/ESMP but all were experienceof external EMP being management of through outsourced preparingESI agencies adopted in education, externalagen •Oneofthestaff A/ ESMP •Hasn’t various health, social cies wasengagedin through prepared industriesprior security, •Haven’t review of external ESIA/ESMP toissuing sanitation etc. prepared ESIA-ESMP agencies for pollution related issues ESIA/ESMP prepared by multilateral under control •Staff are not for external funding certificate involved in multilateral consultant for agencies project planning funding UGDP (ADB or appraisal agencies funded)-2 process weekly market •Staff carryout development preliminary project social and environmental

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Particulars Birtamod Damak Urlabari Sundar Mechinagar Itahari Rajbiraj Triyuga Dhankuta Haraicha survey (like assessment of impact on trees, structures) after project identification

AglimpseofInstitutionalStrength(E&SDepartment)of WesternClusterMunicipalities

Particulars Pokhara Vyas Putalibazar Baglung Tansen Ramgram Tilottama Shuklagandaki Leknath Separate Yes OnlySocialUnit Yes No Yes No Yes Yes Environment &Social cell Efficacy of Roles: Roles:social Roles: social Roles: social Roles: social 1 Env. Officer, 3 departments Social safeguard, safeguard, safeguard, safeguard, staffinsocialcell safeguard, social Panjikaran, Panjikaran, Panjikaran, Roles:Solidwaste Panjikaran, inclusionand women –child- women – child- women–child- management, women child- monitoringof Dalit-Janajati Dalit - Janajati Dalit - Janajati Women Dalit –Janajati Social targeted program, targeted targeted Empowerment targeted Organization elder citizen program, elder program, elder programs, Social programs,elder Municipality program, social citizen program, citizenprogram, security and citizen has inclusion and social inclusion social inclusion registrationofvital program, social experience of monitoring of and monitoring and monitoring events, Co- inclusion and preparing SocialOrganization of Social of Social ordination and monitoring of ESIA/ ESMP Solid waste Organization Organization facilitation of tole Social through management, Solid waste Solid waste vikassanstha.Skill Organization external pollution, management, management, development Solid waste agencies plantation, pollution, pollution, Staff have never management, Have supervision of plantation, plantation, prepared/reviewed plantation, experience of environment supervision of supervision of any ESIA-ESMP Greenery working with activities environment environment promotion ADB Municipality has activities activities &Landscaping, experience of Pond preparing ESIA/ Conservation

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Particulars Pokhara Vyas Putalibazar Baglung Tansen Ramgram Tilottama Shuklagandaki Leknath •Municipality has ESMP through •Municipalityhas experience of externalagencies experience of preparing •Haveexperienceof preparing ESIA/ESMP workingwithADB ESIA/ through ESMPthrough external external agencies agencies •Haveexperience ofworking with ADB and JICA •Technicalteam examines and conducts survey;prepare feasibilityreport and the DPR.

InstitutionalAssessmentofEnvironmentDepartmentofVariousMunicipalities

Parameters Pokhara Putalibazar Shuklagandaki Itahari Dhankuta S.Haraincha Strength of Env.Cell -1Staff(BSc- Env.Cell-1Staff (MA- Env.Cell -1Staff (B.Com); Env. Cell -1 Staff (M.Sc- Env. Cell -1 Staff Disaster Management Environment Cell Environmental Science, Economics, MA-Pol. Innearfuture one more Environmental Science, (B.Com); Officer iscurrentlyin Ukraine)DisasterManage Science, LLB- Environmental Person will Khulna University).The additional charge of Env. ment–1Staff Environmental Law). The be appointedin the staff isholding additional Officer(B.ED). However, staff is holding additional municipality charge of Disaster Disaster charge of Management Officer Managementofficeris a AdminOfficer,Headof andSolid Waste part ofSocialCell Legal Section, Disaster Management Officer Management Officer Roles andresponsibilities Plantation, Plantation, Gavian Solid waste Issuance of Pollution SolidWasteManagement, Awareness on threat Maintenance of Public Filling, Landslide management only Under Control Supervisionoflandfillsite from Elephant, fire Park, Greenery Protection Certificate for various redevelopment, awareness prevention; monitoring promotion &Landscaping, operational industries, program on of plantation, Pond Supervision of Solid

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Parameters Pokhara Putalibazar Shuklagandaki Itahari Dhankuta S.Haraincha Conservation, Waste Management, environmentalCleanliness, supervision of solid Conservation of RiverBankProtection& plantation&greenery wastemanagement religioustrees, Flood Control, Monitoring development of plantationactivity

KeyExpertise/Specializatio - Thestaff completed - The staff had been Solid wastemanagement - n LLB in Environmental Involvedin preparation of &landfill sitemanagement lawin2017 ESIA/IEE Reports. Had verygood understanding about Environmental laws and regulationsofGoN. Involvementin Project Notinvolved/consulted Notinvolved/consulted Notinvolved/consulted Notinvolved/consulted Notinvolved/consulted Notinvolved/consulted execution (Planning, during planning of during planning of during planning of during planning of during planning of during planning of Construction & Operation) infrastructure development infrastructure development infrastructure development infrastructure development infrastructure development infrastructure development project project project project. project project Sometimes, theviewof Env. cell is considered by the municipality. For eg. in case ofextraction ofborrowmaterial from riverbanks, thestaff’s recommendation was adopted by the municipality.On other hand, the suggestionofexpert is not considered in case of dumping of solid waste inforestarea(as thereisno immediate alternative is available). Pertinentto state that, currentlythesolidwaste is disposed in Hasposa Community Forest. Ratio of budgetallocated 20 Cr (4% of total Budget) 5% ofTotalBudget approx. 1% of total Notanyspecificbudgetkept. approx. 1% of total approx. 0.3% of total toEnvironmentcelltothetota Budget But project specific budget Budget Budget l budget of the municipality is keptlikefortestingofwater quality (during

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Parameters Pokhara Putalibazar Shuklagandaki Itahari Dhankuta S.Haraincha construction/operation phase),Plantation etc. Understanding of Thestaffneitherhadtheu Thestaffhadquiteafaira Thestaffneitherhadtheu The staff had quite a Thestaffneitherhadtheu Thestaffneitherhadtheu Environmental laws and n derstanding of wareness about nderstanding of good understanding nderstanding of nderstanding of regulations of Nepal Environmental laws Environmental laws Environmental laws about Environmental Environmental laws and Environmental laws and pertaining to and regulations of and regulationsofGoN and regulations of laws andregulationsof regulations of Nepal regulations of Nepal infrastructure Nepal norawareabout Nepal norawareabout GoN.The norawareabout EIA/IEE norawareabout EIA/IEE development project EIA/IEE requirements EIA/IEE requirements operationalprocedure requirements requirements forItahari Municipality for Pollution Prevention& Control,2018 is Understanding ofWorld Thestaffdoesnothaveun The staff does not have The staff does not have pTrheepa starefdf by w asth e staff The staff does not have The staff does not have Bank/ADB derstanding understanding about understanding about notinvolved in any understanding about understanding about Policies/Experience of aboutWorldBank’sOPs/ World Bank’s OPs/BPs World Bank’s OPs/BPs WorldBank- World Bank’s OPs/BPs World Bank’s OPs/BPs Workingwithanyofthe BPsand othersafeguard and other safeguard and other safeguard fundedprojectbutworke and other safeguard and other safeguard above policies. Thepresent policies. The present policies. The present d in LGCDP project policies. The present policies. The present staffhave neverworked staff have never worked staff have never worked which was funded staff have never worked staff have never worked in anymultilateral in any multilateral in any multilateral byADBin past (notin in any multilateral in any multilateral General Taghenescytaf ffhuadndveedr ybaprojseicidct Taghenescytaf ffhuadndveedr ybaprojseicidct Taghenescytaf ffhuadndveedr ybaprojseicidct TItahhesatari fMfhuadnicipaveryglity)oodu nd Taghenescytaf ffhuadnd ead project Taghene scyta fffu hnadde d project understandingof eaof common eaof common eaof common erstanding of verygoodunderstanding verygeneric Environmental Issues environmental impacts environmental impacts environmental impacts environmental of solid waste understanding of pertainingto duetoaninfrastructurepr duetoan duetoaninfrastructurepr concerns/issues as hewas management including common environmental development ojectsuchas impact on infrastructureproject. oject. Thestaff added engagedin preparation of its disposal. impacts(lacking ofinfrastructureproject trees, dust generation Thestaff added that that hiring of an IEE/ESIA reports.His However, had very understanding of etc. however, hiring of an Environmental Expert current responsibility generic understanding project specific theylacked Environmental Expert forsupervising ESMP also includes monitoring of common environmentalimpacts) projectspecific and forsupervising ESMP implementation work of environmental impacts location specific implementation work wouldbeofhelp. environmentalpollution (lacking understanding environmentalimpacts. wouldbeofhelp. of projectspecific environmentalimpacts)

Understanding of Thestaffhadnoideaof The staff had no in The staff had no in The staffhas a very Thestaffhadnoideaof Thestaffhadnoideaof Environmental Environmental depth idea of depth idea of thorough idea of Environmental Environmental Standards (like Standards such as on Environmental Environmental Environmental Standards such as on Standards such as on Ambient Air,Noise etc.) air, noise and water Standards such as on Standards such as on Standards and current air, noise and water air, noise and water quality. air, noise and air, noise and water responsibility includes quality. quality. waterquality quality issueofPollutionUnderC ontrol Certificates for

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Parameters Pokhara Putalibazar Shuklagandaki Itahari Dhankuta S.Haraincha the operational industries

Understanding ofESIA- Thestaff had an The staff had an The staff had an Thestaffwasengagedin the The staff hadunderstanding The staff had an ESMP process understanding about the understanding about the understanding about the preparation of IEE/ESIA about the purpose of ESIA- understanding about the purpose of ESIA- ESMP. purpose of ESIA- ESMP. purpose of ESIA- ESMP. reports for morethan 300 ESMP. However, had purpose of ESIA- ESMP. However, had never Atmunicipality, the However, had never projects. never prepared/reviewed However, had never prepared/reviewed any stafftook helpfrom prepared/reviewed any any ESIA-ESMP prepared/reviewed any ESIA-ESMP external consultant for ESIA-ESMP ESIA-ESMP preparation of IEE. However, had never prepared/reviewed any ESIA-ESMP Role in The staff is notinvolved in The staff is notinvolved in The staff is notinvolved in The staff is notinvolved in The staff is notinvolved in The staff is notinvolved in StakeholderEngagement stakeholder stakeholder stakeholder stakeholder stakeholder engagement stakeholder engagement Process engagementprocessesfor engagementprocesses for engagementprocessesfor engagementprocessesfor processfor development of processes for development development of development ofany development of developmentof anyinfrastructureproject. of any anyinfrastructureprojects. infrastructureproject anyinfrastructureproject anyinfrastructure projects infrastructureproject in the municipality. However, he had very fairideaof purpose and process of stakeholder engagements in project development. Experience of The The The present The staff’s currentprofile The ThepresentEnvironmental ESMPImplementation presentEnvironmentalcell presentEnvironmentalcell Environmentalcellwasnoti at municipality presentEnvironmentalcell cellwasnotinvolvedin (atleast in supervisory wasnotinvolvedin ESMP wasnotinvolvedin ESMP nvolvedin ESMP includes monitoring of was notinvolvedin ESMP ESMP implementation role) implementation work implementation work implementation work efficacyof EMPbeing implementation work work foranyprojectin the forany project in the past forany project in the past forany project in the past adopted in various foranyprojectin the past in past in any capacity and in any capacity and hence in any capacity and hence in any capacity and hence industries. any capacity and hence hence does notpossess any doesnotpossess any doesnotpossess any such doesnotpossess any does notpossess any suchexperience. suchexperience. experience. The suchexperience. suchexperience. staffaddedthat hiring of an Environmental Expert forsupervising EMP implementation work wouldbeofhelp.

Participation/Role in Allgrievancesincludingenv All grievances including All grievances including All grievances including All grievances including All grievances including resolving Environment ironmental issues environmental issues are environmental issues are environmental issues are environmental issues are environmental issues are related grievances aredirectlyregisteredin directly registered in directly registered in directly registered in directly registered in directly registered in municipality and are municipality and are municipality and are municipality and are municipality and are municipality and are

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Parameters Pokhara Putalibazar Shuklagandaki Itahari Dhankuta S.Haraincha handled by handled by handled by handled by handled by handled by municipality’s judicial municipality’s judicial municipality’s judicial municipality’s judicial municipality’s judicial municipality’s judicial committee (Nyayik committee (Nyayik committee (Nyayik committee (Nyayik committee (Nyayik committee (Nyayik Samiti). The Samiti). The Samiti). The Samiti).Based on the Samiti).Basedon the Samiti). TheDisaster environmental cell is environmental cell is environmental cell is natureof grievance,the natureof grievance,the Management Officer is not involvedinthis not involvedinthis not involvedinthis view of Env. Cell is view of Env. Cell is partof Nyayik Samity process.Grievance can process.Grievance can process.Grievance can taken as andwhen taken as andwhen body. Basedon the also besubmittedto also besubmittedto also besubmittedto required. Grievance can required. Grievance can natureof grievance,the CAOat Municipality CAOat Municipality CAOat Municipality also besubmittedto also besubmittedto view of Env. Cell is levelor toWard levelor toWard levelor toWard CAOat Municipality CAOat Municipality taken as andwhen ChairmanatWardLevel ChairmanatWardLevel ChairmanatWardLevel levelor toWard levelor toWard required. Grievance can ChairmanatWardLevel ChairmanatWardLevel also besubmittedto CAOat Municipality levelor toWard ChairmanatWardLevel

InstitutionalAssessmentofSocialDevelopmentDepartmentofVariousMunicipalities

Parameters Pokhara Putalibazar Shuklagandaki Itahari Dhankuta S.Haraincha StrengthofSocialCell Social Cell-6 Staff Social Cell- 2 Staff Social Cell- 3 Staff Social Cell-3 Staff Social Cell-3 Staff; Social Cell-4 Staff (MA-Sociology, MA- (B.Sc.,) (B.A. in Public (MA-Rural (MA-Geography, (MA-Rural Public Administration, Administration, Development, MA- PGD-Disaster development, B.ED, BA-Sociology, MA- MastersinEnglishand Sociology, 12th ); 3-4 Management); BA) Anthropology) LLB) new staff will be Disaster Management appointed soon CellalsopartofSocial Rolesandresponsibilities Registration of Vital Skill WomenEmpowerment Monitoring SCoelciall Mobilization- Issuance cards for Events(Birth,Death), Development,Awarene programs, Social &RegistrationofNGOs arrangement for tole Senior Targeted Group ss security and ,Maintenance of meetings, senior Citizen/Differently Development Program,Socialsecurity registration of vital Record forBirth& citizen day care/health abledperson,Targeted (Women, Child, and registration of vital events, Co-ordination Death, issuanceof checkup, Janjati program for Janjati, Indigenous People,Sr. events and Co- andfacilitation of tole SeniorCitizen / /women/child Women, Children Citizen, Differently ordination and vikas sanstha.Skill Differently abled card, development (SkillDevelopment for abled), Need based facilitation of tolevikas developmentprograms awareness program through3rd party Shoemaking, skill development sanstha onsewing, agriculture, forchildren and trainer plumbing, bag programs (vegetable computer women, awarenesson (capacitydevelopment making, sewing etc. farming,cattle/poultry, training,beautyparlora Gender Based / skilltraining-sewing, through3rdparties. farming,handicrafts) ndonhandicraftsetc. Violence and ensuring Driving, plumbing, safety of victim mobile repair,computer

training,

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139 139 139

Parameters Pokhara Putalibazar Shuklagandaki Itahari Dhankuta S.Haraincha mushroom farming etc.) Clean cityawareness programs anddustbin distribution Key Expertise/Specialization ------Involvement in Project Notinvolved/consulted Notinvolved/consulted Notinvolved/consulted Notinvolved/consulted Notinvolved/consulted Notinvolved/consulted execution (Planning, during planning of during planning during planning during planning during planning during planning Construction&Operation) infrastructure ofinfrastructure ofinfrastructure ofinfrastructure ofinfrastructure ofinfrastructure development project development project development project development project development project development project

Ratio of budget allocated to Approx.3Cr(lessthan Approx. 5 % of total Approx. 3 % of total Approx. 2 % of total Approx. 13-14% of Approx. 1% of total Socialcelltothetotalbudgetof 1% oftotalbudget) budget budget budget totalbudget budget themunicipality Understanding of social laws Thestaffdoesn’thaveunde Thestaffdoesn’thaveunders Thestaffdoesn’thaveunder The staff don’t The staff don’t The staff don’t and regulations of Nepal pertaining rstanding of social tandingof social safeguard standing of social haveunderstanding of haveunderstandingof haveunderstanding of to infrastructure safeguardlegislationsof legislationsofGoN safeguardlegislationsof social social social development project suchas land GoN GoN safeguardlegislationsof safeguardlegislationsof safeguardlegislationsof acquisition,R&R,Gender related, GoN GoN GoN Vulnerable Communities etc.

Understanding of World Thestaffdoesnothave The staffdonot have Thestaffdo nothave Thestaffdo nothave Thestaffdo nothave The staff do not have Bank/ADB Policies/Experience understanding about understanding about understanding about understanding about understanding about understanding about ofworkingwithanyoftheabove WorldBanks OPs/BPs WorldBank’s OPs/BPs World Bank’s OPs/BPs World Bank’s OPs/BPs World Bank’s OPs/BPs World Bank’s OPs/BPs and other safeguard and other and and and othersafeguard and Policiesof Multilateral safeguardpolicies. otherSafeguardpolicies.T otherSafeguardpolicies.T policies. However, otherSafeguardpolicies.T Agencies. However, few Thepresent he presentstaff have he presentstaff have oneofthe staff was he presentstaff have of thestaff from social staffhaveneverworked in neverworked in any neverworked in any engagedin review of neverworked in any cell were involved in anymultilateral agency multilateral agency multilateral agency ESIA-ESMP prepared by multilateral agency consultationandsocial funded project funded project funded project external consultantfor funded project survey for Talchowk- UGDP (ADBfunded)-2 Begnas Lake roadin weekly market theUGDP development project

GeneralunderstandingofSocial The staff hadbasic The staff had basic The staff hadbasic The staff hadbasic The staff hadbasic The staff hadbasic Issues pertainingto developmentof understandingof key understandingof key understandingof key understandingof key understandingof key understandingof key infrastructure project social issues and impacts social issues and impacts social issues and impacts social issues and impacts social issues and impacts social issues and impacts pertaining todevelopment pertaining todevelopment pertaining pertaining pertaining pertaining of infrastructureproject of infrastructureproject todevelopment of todevelopment of todevelopment of todevelopment of infrastructureproject infrastructureproject infrastructureproject infrastructureproject Understanding of Thepresent The present staff Thepresentstaffhadbasic Thepresentstaffhadbasicu Thepresentstaffhad Thepresentstaffhad LandAcquisition,R&R Process staffhadbasicunderstandin hadbasicunderstandingofL understanding ofLand nderstandingofLand basicunderstandingofLand basicunderstandingofLand g ofLand Acquisition and and Acquisition and Acquisition and Acquisition and Acquisition and Acquisition and

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Parameters Pokhara Putalibazar Shuklagandaki Itahari Dhankuta S.Haraincha R&R requirement. R&R requirement. R&R requirement. R&R requirement. R&R requirement. R&R requirement. However, theydid not However, theydidnot have However, they did not However, they did not However, they did not However, they did not have detailed detailed understandingof have detailed have detailed have detailed have detailed understandingof the the process, entitlements understandingof the understandingof the understandingof the understandingof the process, entitlements and and other related process, entitlements and process, entitlements and process, entitlements and process, entitlements and other related activities. activities. other related activities other related activities. other related activities. other related activities.

Understanding of ESIA- They hadunderstanding They hadunderstanding Thestaffdidnothave They hadunderstanding One of the staff They hadunderstanding ESMPprocess about the purpose of about the purpose of anyunderstanding on about the purpose of wasengaged in review of about the purpose of ESIA- ESIA- ESMP. However, ESIA-ESMP processes ESIA- ESIA-ESMP prepared ESIA- ESMP.However,they they have never and had neverworked ESMP.However,they byexternal consultant ESMP.However,they have never prepared/reviewed ESIA- onpreparingthem. have never forUGDP(ADB funded)- have never prepared/reviewed ESIA- ESMP prepared/reviewed ESIA- 2weekly market prepared/reviewed ESIA- ESMP ESMP development project ESMP

Role in StakeholderEngagement The social cell is The social cell is not The social cell is not The social cell is not The social cell is not The social cell is not Process notinvolvedin stakeholder involved in stakeholder involved in stakeholder involved in stakeholder involved in stakeholder involved in stakeholder engagement engagement processes for engagement processes engagement processes engagement processes engagement processes processesfordevelopmento development of any for development of any for development of any for development of any for development of any fany infrastructureproject infrastructure project infrastructure project infrastructure project infrastructure project infrastructure project

Experience ofESMPImplementation Thepresentstaffofthesoci The present staff of the The present staff of the The present staff of the The present staff of the The present staff of the (at least in supervisory role) al cell havenot been social cell have not been social cell have not been social cell have not been social cell have not been social cell have not been involved in involved in ESMP involved in ESMP involved in ESMP involved in ESMP involved in ESMP ESMPimplementation implementation work of implementation work of implementation work of implementation work of implementation work of work of any project inthe any project in the past any project in the past any project in the past any project in the past any project in the past pastand hence donot and hence donot possess and hence donot possess and hence donot possess and hence donot possess and hence donot possess possessanysuch any such experience. any such experience. any such experience. any such experience. any such experience. experience. Participation/Roleinresolving All grievances All grievancesincluding All grievancesincluding All grievances All grievancesincluding All grievancesincluding socialgrievances aredirectly registered in environmental andsocial environmental andsocial aredirectly registered in environmental andsocial environmental issues municipality and issues are directly issues are directly municipality and issues are directly are directly registered in arehandled by the registered in municipality registered in arehandled by registered in municipality and are municipality’s judicial andare handled by municipality andare municipality’s judicial municipality andare handled by committee (Nyayik municipality’s judicial handled by committee (Nyayik handled by municipality’s judicial Samiti). Thesocial cell is committee (Nyayik municipality’s judicial Samiti).Grievance can municipality’s judicial committee (Nyayik notinvolvedin this Samiti).The social cell committee (Nyayik also besubmittedto CAO committee (Nyayik Samiti). The Disaster process. Grievances can isnotinvolvedinthis Samiti). The social cell at Municipality level or Samiti). Management Officer also be submittedto the isnotinvolvedinthis to Ward (part of SocialCell)is CAO at Municipality

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Parameters Pokhara Putalibazar Shuklagandaki Itahari Dhankuta S.Haraincha level orto Ward process.Grievances can process.Grievances can Chairman at Ward Based on the nature of part of Nyayik Samity Chairman atWard Level also be submittedto CAO also besubmittedto CAO Level grievance, the view of body. Basedon the nature at Municipality levelor at Municipality level Social.Cell is taken as of grievance, the view of toWard Chairman atWard ortoWard Chairman andwhen required. Social Cell is taken as Level atWard Level Grievances can alsobe andwhen required. submitted to the CAOat Grievances can also the Municipality level or besubmitted to WardChairman at toCAOatMunicipality Ward Level level orto Ward Chairman atWard Level

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Appendix H: Summary Environmental and Social Conditions in the Cluster Municipalities Basic Environmental and Social Conditions inthe Eastern and Western Cluster municipalities Baseline Environment and Social information in the Eastern Cluster municipalities Particulars Birtamod Damak Urlabari Sundar Mechinagar Itahari Rajbiraj Triyuga Dhankuta Haraicha ULB Status Municipality Municipality Municipality Municipality Municipality Sub- Municipality Municipality Municipality metropolitan District Jhapa Jhapa Morang Morang Jhapa Sunsari Saptari Udayapur Dhankuta Population 92,575 87,637 122,803 80,562 176,153 173,312 72,106 87,557 36,619 Sex ratio (F:M) 1.07 1.13 1.14 1.10 1.10 1.11 0.95 1.12 1.13

Municipal area 7824 ha 7086 ha 7462 ha 9890 ha Total: 19261 ha Total: 9378 ha 5527 ha 54744 ha 11084 ha

Physiography Terai Terai Terai Terai Terai Terai Terai Terai Hill Climatic Zone Tropical Tropical Tropical Tropical Tropical Tropical Tropical Tropical Sub-tropical Land Use Agriculture Agriculture Agriculture Agriculture Agriculture Agriculture Agriculture Agriculture Agriculture land: 87.05% land: 70.32% land: 77.8% land: 45.4% land: 68.5% land: 72% land: 83% land: 13.17% land: 40% Barren:1.46% Barren: 4.2% Barren: 7.2% Barren: 0.2% Barren: 9% Barren:0% Barren:0% Barren: 0.6% Barren: 0.6% Forest: 1.5% Forest: 7.2% Forest: 0.9% Forest: 50% Forest: 12.9% Forest: 13.2% Forest: 0% Forest: 80% Forest: 57% Residential: Residential: Residential: Residential: Residential: Residential: Residential: Residential: Residential: 5.04% 9.35 % 5.02% 1.4% 2.4% 10.5% 7.4% 0.2% 0.02% Sand/ Sand/ Sand/ Sand/ Sand/ Sand/ Sand/ Sand/ Sand/ gravel/Boulders: gravel/Boulders: gravel/Boulders: gravel/Boulders: gravel/Boulders: gravel/Boulders: gravel/Boulders: gravel/Boulders: gravel/Boulders: 1% 4.7% 7.8% 1.7 6.71% 2.02% 7.5% 5.3% 2.2% Shrubland/ Shrubland/ Shrubland/ Shrubland/ Shrubland/ Shrubland/ Shrubland/ Shrubland/ Shrubland/ grassland: 0.6% grassland: grassland: grassland: grassland: grassland: 2.3% grassland: 2.3% grassland: 1.2% grassland: 4.33% 1.35% 1.32% 0.52% 0.27% Key Road Road Upgradation of Urban Roads; Urban Roads Upgradation of Urban Roads Urban Roads; Drinking Water municipality upgradation; upgradation; urban roads Demand of solid and drainage Urban Roads; and drainage Water supply; Supply; services demand Drainage; Drainage with drainage; waste system; Solid Waste especially from Public Drainage; solid Solid waste Solid waste management Solid waste management wards 1 and 9- transportation; waste segregation and management; facility; management and Water 16; River protection management disposal facility; Landfill site; Water supply; system; supply pipelines Solid Waste works and disposal Increased access Water supply Drainage along Water Supply in rural wards; Management to Water supply (currently water the roads pipeline; Waste Water facility for (presently 57% supply network Treatment and treatment; urban area; of the covers 40% area proper Parking space; Water Supply population has of management of Public access to water municipality); sewage; Transport;

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Particulars Birtamod Damak Urlabari Sundar Mechinagar Itahari Rajbiraj Triyuga Dhankuta Haraicha supply Cold storage for Parking areas; River network); agriculture Better Traffic embankment Lack of products management treatment and proper management of sanitation; Parking facility; traffic management

Key High iron Threat to Sal Solid Waste River bank Flooding in Lack of Disposal of • Pollution due Threat to water Environmental content in trees; Dhanesh disposal on river erosion Mechi, Ninda, drainage system solid waste on to sewerage body due to issues ground water Bird banks Timai, Hadiya & the bank of disposal siltation Jaljale wetlands Flooding in High iron contamination rivers or open Flooding Depletion of need protection Mawa, Bakraha, content in of water through field Deforestation in water sources blockage of Sunpakuwa ground water effluent High iron southern part drainage system Khola- and land discharge from content in Landslide prone (particularly in cutting at places industries ground water area in ward no ward no High iron Depletion of existing water 4,5,6,14,15,16 1,5,8,13) content in water resources supply system High iron ground water unable to cater content in the demand of ground water water to growing population Flooding in Khado River Depletion of ground water Social Baseline Immigration Very High Poverty 20% Very High Poverty about Very High Very High Very High Very High Condition rate 8-10% Immigration (5- Child marriage Immigration 10% Immigration (7- Immigration 1:5 Immigration Immigration Poverty 7-10% 7%) in Indigenous Poverty 10-12 9%) in rural areas Limited illegal Aathpariya is Child marriage Child marriage group and Terai % Child Marrige Poverty 30-40% mining issue one of the in Tarai caste, in poor caste group Child marriage in Backward Caste Some extent to deprived Muslim and communities in poor in caste like Tarai discrimination ethnic community Adibasi group Limited threat Chaudahry, dalits, Muslim About 10% communities concentrated in to Dhimal Dum, Jhangar, and Adibasi woman has land dependent on Ward no. 8 community Bantar and group owner 143

Particulars Birtamod Damak Urlabari Sundar Mechinagar Itahari Rajbiraj Triyuga Dhankuta Haraicha Ward 3,4, 9 has Musar Khanar, certificate due fishing and Dhimal communities Budhikhola, to government forest resources community Limited threat Sunsari-Morang tax incentive Presence of dependent on to Dhimal Irrigation Canal. policy. marginalized forest community There is Child marriage vulnerable Ward 3,4, 9 has proposal to is also among group Musar Dhimal construct 6 lane backward and dalits in community road. Therefore, communities; ward number dependent on there will be 1,2,3,4,5,6,7,8,9 forest requirement of ,10,11,12,13 diverting canal land at the Tyandra Khola

Local Tole committee Effective Tole meetings Effective As per the need. Effective As per the need, Effective Effective Tole Governance meetings governance happen once a governance In the governance generally once a governance system happen as per system. month. On the system. municipality 40- system in older month there is system. Discussion as the need, Municipality local issues; Municipality 80 households municipal areas tole committee Municipality per program and generally once a has 420 tole especially Discussion as have one tole whereas newly meetings. Discussion on other services month. On the committees. infrastructure per program and development added Discuss on the project demands such as road local issues; Discussion as development other services committee. municipalities local issues; and progress of development especially per program and and upgrade; such as road Generally once do not have tole especially ongoing Meeting records sanitation, other services livelihood development, a month. On the committees infrastructure projects are recorded in awareness and such as road upliftment, Meeting records local issues; Project development Meeting records a written minute so on. In development, saving and are recorded in especially identification as like drainage are recorded in format Municipality, 50 women right, credit and so on a written minute saniation, a process. and widening of a written minute There are 7 households have child right, drug Project format awareness and Sometime, the existing road format steps in 1 tole issues identification as so on. municipality There are 113 No major planning development Meeting records a process. Project informed the tole committee dispute has process where committee are recorded in Sometime, the identification as villagers about in the come up, If any, public They demand a written minute municipality a process. the project. municipality but it will be participation is development format informed the Sometime, the Then they only few are resolved ensured plan and budget villagers about municipality discuss in tole active and the through Small disputes to tole the project. informed the and then to large numbers negotiation; and get resolved at development Then they villagers about ward, and are inactive provision of tole committee committee discuss in tole the project. municipality Project Justice level, Project and then to Then they and finally the identification as committee in municipality identification as ward, and discuss in tole municipality a process. Municipality also has Justice a process. municipality and then to assembly Sometime, the Committee 144

Particulars Birtamod Damak Urlabari Sundar Mechinagar Itahari Rajbiraj Triyuga Dhankuta Haraicha Sometime, the and finally the ward, and approve the municipality municipality municipality municipality project. Without informed the informed the assembly and finally the women and villagers about villagers about approve the municipality dalits the project the project. project. Without assembly participation through FM. Then they women and approve the project will not Then they discuss in tole dalits project. Without be approved. discuss in tole and then to participation women and We follow the and then to ward, and project will not dalits government ward, and municipality be approved. participation policy regarding municipality and finally the We follow the project will not the participation and finally the municipality government be approved. of women and municipality assembly policy regarding We follow the dalits. assembly approve the the participation government rule approve the project. Without of women and regarding the project. Without women and dalits. participation of women and dalits women and dalits participation dalits. participation project will not project will not be approved. be approved. We follow the government rule regarding the participation of women and dalits. In each committee 33% is women. And Dalits are also in committee as per the GoN rule. Availability of Updation of Cadastral maps Cadastral Maps Cadastral Maps Survey is under Cadastral Maps Cadastral Maps Updation of Cadastral Maps updated cadastral map is updated almost are not updated. are updated. process towards are updated. are not updated. cadastral map is are not updated. cadastral maps under process entire updating There is some under process municipality (2 cadastral maps confusion about wards the extent of remaining) jurisdiction. GIS Map shows the 145

Particulars Birtamod Damak Urlabari Sundar Mechinagar Itahari Rajbiraj Triyuga Dhankuta Haraicha land belongs to Dharan Municipality, however the land has been traditionally used by Itahari Sub- metropolitan city Forest Areas One Community 300-400 ha 17 % areas in 13 Community Three - Community Community Community Forest and Forest Land in municipality is Forests Community Forest and Forest and Forest namely National Forest municipality. forest. managed by Forests in the National Forest National Forest sundarnicha present in the Presence of 8 7 Community user groups municipality in the in the Jhoda managed municipality community Forest and 2 namely municipality municipality by user group forest and 1 collaborative Saraswati, collaborative forest Hanspokhari forest and Santinagar managed by User groups Protected No No No No Chure - No No Chure - No Area/Ramsar Environmental Environmental Site Protected Area Protected Area Source: Stakeholder consultation at Municipalities, Municipality Profiles. This data is based on the available data. Baseline Information of Western Cluster municipalities (partial) Baseline Information of Western Cluster municipalities Particulars Pokhara Leknath Vyas Putalibazar Baglung Tansen Ramgram Tilottama Shuklagandaki

ULB Status Metropolitan Municipality Municipality Municipality Municipality Municipality Municipality Municipality District Kaski Tanahun Syangia Baglung Palpa Parasi Rupandehi Tanahun Population 444,936 81,277 70,277 59,919 51,419 62,698 100,149 39,462

Sex ratio 1.10 1.25 1.29 1.24 1.21 1.04 1.12 1.18

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Particulars Pokhara Leknath Vyas Putalibazar Baglung Tansen Ramgram Tilottama Shuklagandaki

Municipal area 46423 ha 24733 ha 14721 ha 9890 ha 10980 ha 9386 ha 12619 ha

Physiography Hill Hill Hill Hill Hill Terai Terai Hill

Climatic Zone Predominantly Tropical Tropical and Sub- Tropical Predominantly Tropical Tropical Tropical subtropical and tropical subtropical tropical Land Use Agriculture land: Agriculture Agriculture land: 48% Agriculture Agriculture land: Agriculture Agriculture land: 40.29% land: 36.4% Barren: 0.02% land: 45.4% 58.4% land: 90.5% 69.48% Barren: 0.63% Barren: 0.11% Forest: 50% Barren: 0.2% Barren: 0.7% Barren: 0.72% Barren: 0.4% Forest: 46% Forest: 57.5% Residential: 1.4% Forest: 50% Forest: 36% Forest: 0.1% Forest: 10% Residential: 8% Residential: Sand/ Residential: Residential: 2.8% Residential: Residential: 15% Sand/ 0.32% gravel/Boulders: 1.8% 1.4% Sand/ 3.4% Sand/ gravel/Boulders: Sand/ Shrubland/ grassland: Sand/ gravel/Boulders: Sand/ gravel/Boulders: 4.5% gravel/Boulders: 1.32% gravel/Boulders: 1.8% gravel/Boulders: 2.1% Shrubland/ 3% 1.7 Shrubland/ 2.71% Shrubland/ grassland: 0.5% Shrubland/ Shrubland/ grassland: 0.4% Shrubland/ grassland: 3.5% grassland: 2.8% grassland: grassland: 1.32% 2.45% Key municipality • Road • Solid waste Road upgradation; • Urban roads • Urban roads • Road • Road upgrade; • Road services demanded Upgradation management Drainage and drainage and drainage upgrade; • Drainage upgradation • Solid waste facility ( Management; • Safe and pure • Solid waste • Drainage Management • Drainage management in especially for Safe and pure drinking collection. Management • solid waste Management, rural wards 6 to 14 drinking water water, Segregation • Solid waste management, • safe drinking • Water supply in wards) • Sewage and disposal management • water supply water, rural wards • Solid waste management • Sewage • Water supply • solid waste • Drainage along management management • Transportatio management the roads • Water supply • Drinking water n in rural • Public (lacking in suuply wards Transportation wards 1,4,5) • Bus Terminal • Road upgradation and drainage Key Flooding in Seti • Flooding in • Flooding in During rainy During rainy • Flooding in • Flooding in • Flooding in the Environmental and Mardi River Madi & Seti Aandhi khola, season there is season there is Tinahu river Tinahu river rivers and issues River sumrekhola, problem of problem of • Water • Water pollution siltation in • Water bodikhola, ringi flooding, water flooding, water pollution in in dug wells rainy season pollution in khola pollution, pollution, dug wells 147

Particulars Pokhara Leknath Vyas Putalibazar Baglung Tansen Ramgram Tilottama Shuklagandaki

some • Water Pollution siltation, siltation, • River pollution stretches and siltation landslide landslide in from crusher especially during nearby areas of plants located rainy season Aandhi khola, near the river sumrekhola, bodikhola, ringi khola Key social issues - Poverty rate Poverty rate 25% Poverty rate Poverty rate 15% Immigration Poverty rate of Poverty rate 20% 20% 35% from hilly 15% region and rural wards Poverty rate 30% Local Governance • As per law, • Tole • 120 Tole • 80 Tole • 100 Tole • Tole As per law, project As per law, project Level project meetings are committee are committee are committee are meetings identification starts identification starts identification conducted there in the there in the there in the once in a from tole from tole starts from tole once in a municipality municipality municipality month committee and the committee and the committee month • Issues like need for • Issues like • Issues like road • 235 Tole demand is demand is andthe demand • there are 235 road development, road development, committee forwarded to forwarded to is forwarded to tole women right, child development, women right, are there in wards and wards and wards and committee in right etc. are women right, child right, the Municipality. Municipality. Municipality the discussed child right, sanitation etc. municipality Municipality Municipality Council municipality • Tole committees sanitation etc. are discussed • Issues like Council approves Council approves approves the • Tole are the lowest are discussed • Tole road the program the program program committees level unit for • Tole committees are development, • One Judicial are the project committees the lowest level women right, Committee is lowest level identification and are the lowest unit for project child right, at municipality unit =for also works for level unit for identification sanitation etc. to take action project implementation project and also works are discussed on public identificatio • Municipality plays identification for complaints. and also roles to address and also works implementation • A Cell is there works for these issues for • One Judicial to register implementati implementatio Committee is gender based on n there at grievances and • One Judicial • municipality to take necessary Committee take action on action on that is there at public municipality complaints

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Particulars Pokhara Leknath Vyas Putalibazar Baglung Tansen Ramgram Tilottama Shuklagandaki

to take action on public complaints Forest Areas • Community • Community • Community Forest • Community • Community • Community • Community Forest and Forest and and National Forest and Forest and Forest and Forest and National National Forest present in National National National Forest National Forest Forest present Forest the municipality Forest Forest present present in the present in the in the present in the present in the in the municipality municipality municipality municipality municipality municipality

Protected • Ramsar Site- No No No No No No No Area/Ramsar Site Lake Cluster of Pokhara Valley • Municipality boundary overlaps with southern part’s Annapurna Conservation Area Source: Stakeholder consultation at Municipalities, Municipality Profiles, This data is based on the available data.

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Appendix I: Summary Information on the Type of Baseline Indicators

Description of Environmental Baseline Information Required for Road Project Environmental Baseline Information Source (Primary / Secondary) Components/Concerns Physical Environment Geography Geographical information of Project Area Secondary Location, physiography, geology, slope and elevation, drainage pattern, seismology, topography, landslide prone zones, flood plain and contour map.

Weather and Long term climatological profile of the project area Secondary Climatology Temperature (max/min), precipitation Land Use Land Use pattern of immediate zone of Impact and Project Influence Area (PIA) Secondary Cadastral map/land ownership document/record [only for new road] for immediate Zone of Impact and topographic and GIS map for of PIA Ambient Air Ambient Air Quality (at highest traffic volume area and closest recipient at the interval of 10km) Primary in case of site specific • Level of PM10, PM2.5, CO, SO2, NOx secondary data of present time is • Inventory of sensitive receptors like school, college, and hospital in the vicinity of the project area not available • Ambient Noise Ambient Noise Level (at highest traffic volume area and closest recipient at the interval of 10km), if primary data to Primary in case of site specific be generated. secondary data of present time is • Day and night time Noise Levels not available • Inventory of sensitive receptors like school, college, and hospital in the vicinity of the project area • Inventory of major noise generating sources/industries in PIA Water Information on ground and surface water resources (only in new road construction) Secondary-Hydrogeology and • Information of surface water resources in the PIA including tentative quantity, use and its distance from project site ground water availability • Information on hydrogeology and availability of groundwater table(upto 10 m. below the road surface) Primary- quality monitoring and inventory of surface water resources Soil Nature of soil in the RoW Nature of soil and fertility in the • Soil profile RoW Secondary Soil Quality- Secondary (DPR) Natural Hazard Natural Hazard Threat Secondary • Records on natural calamity like earthquake, flood, , drought, famine, etc. in the project area supported with local consultation Debris Disposal Site Identification of Debris Disposal Site, mainly for new alignment. Secondary Tentative site for disposal of dismantled/construction debris may be identified, if scarifying is expected. Quarry Sites and Identification of Licensed Quarry Sites and Borrow Areas Secondary Borrow Areas

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Probable Borrow Areas and Quarry sites to be used in the sub project should be listed out with lead distance and mode of transportation Biological Environment Felling of Trees and Trees falling within direct impact zone Primary Clearance of • Listing with coordinate of species, girth size of trees and poles within RoW Vegetation Cover • Information of endemic, endangered, medicinal, protected species in 50 meter from road edge • Information on offset areas for compensation plantation • List ofProtected Tree Species in RoW Forest Area Forest within the proposed RoW Primary and Secondary • Legal status of forest land • Block/Compartment Number of the forest area concerned • Extent of Forest area to be acquired • Delineation of affected forest area on map (cadastral map preferably) • Threat to associated biodiversity (flora and fauna) • Information of endemic, endangered, medicinal, protected species (flora and fauna) Protected Protected Area/Ecologically Sensitive Areas/ Ramsar Sites/Important Bird Areas in PIA Primary and Secondary Area/Ecologically • Information on presence of Protected Area (National Parks, Wildlife Reserve, Hunting Reserve, Conservation Sensitive Areas/ Areas, Buffer Zones) / site of ecological importance like nesting, breeding ground, important bird areas, Ramsar Ramsar sites, wildlife corridor/migration route, forest areas, any site of national/international importance etc. within PIA. Sites/Important Bird Information should include GIS map showing distance of protected area site from the road alignment, its ecological Areas condition and biodiversity Biodiversity Floral and faunal community of PIA Secondary information through • Floral and faunal community of PIA stakeholder consultation, literature • Biodiversity of aquatic system study followed by primary survey • Endangered/Vulnerable/rare/critically endangered species as per IUCN red list • record of local extinction of any species or declining species (population decreasing day by day

Description of Environmental Baseline Information Required for the Water Supply Project Environmental Baseline Information Source (Primary / Secondary) Components/Concerns Physical Environment Geography Geographical information of project area Secondary Location, physiography, geology, slope and elevation, drainage pattern, seismology, topography, landslide prone zones, flood plain. Contour map, flood passages and information on high levels flood periodicity as available data

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Weather and Long term climatological profileof the project area Secondary Climatology Temperature (max/min), precipitation, , record of natural calamity Land Use Land Use pattern of Impact area including service areas and Project Influence Area (PIA) Secondary Cadastral map/land ownership document/record of RoW and topographic and GIS maps of PIA Ambient Air Baseline condition of Ambient Air Quality Primary in case of site specific secondary data of present time is not available Ambient Noise Baseline condition of Ambient Noise Level through primary 24hr Monitoring Primary in case of site specific • Day and night time noise level secondary data of present time is not • Inventory of sensitive receptors like school, college, hospital etc. in the immediate impact area available Water Information on ground water and surface water resources Secondary-Hydrogeology and ground • Surface water resources in the PIA including tentative capacity, use and its distance from project site water availability • Information on Ground water table Primary- Quality monitoring and • Ground and surface water quality of the PIA, ( if t is to be used as source) inventory of Surface water resources

Soil Nature of soil Nature of soil and fertility in the PIA- • Nature and type of soil Secondary Soil Quality-Secondary Natural Hazard Threat from Natural Hazard Secondary • Records on natural calamity like earthquake, flood, , drought, famine, epidemic, wildfire etc. in the project area supported with local consultation • Land slide prone /geologically unstable slope areas with respect to GPS Coordinate Debris Disposal Site Identification of debris disposal site, if the pipe to be laid is more than 500 mm diameter Secondary Tentative site for disposal of dismantled/construction debris may be identified Biological Environment Felling of Trees and Trees falling within Raw of road Primary clearance of Vegetation • Listing of species, girth size of affected trees and poles with location Cover • Information of endemic, endangered, medicinal, protected species • List of affected protected tree species Forest Area Acquisition of forest land for the project Primary and Secondary • Legal status of forest land proposed for acquisition • Block/compartment number of the area concerned • Extent of Forest area to be acquired • Delineation of affected forest area on map (Cadastral Map preferably) • Threat to associated biodiversity (flora and fauna) • Information of endemic, endangered, medicinal, protected species (flora and fauna)

152

Protected Ecological condition of PIA Secondary Area/Ecologically • Information on presence of Protected Area (National Parks, Wildlife Reserve, Hunting Reserve, Conservation Areas, Sensitive Areas/ Buffer Zones) / site of ecological importance like nesting, breeding ground, Important Bird Areas, Ramsar Sites, Ramsar Wildlife Corridor/Migration Route, Forest Areas, any site of national/international importance etc. within PIA. Sites/Important Bird Information should include GIS Map showing distance of Protected Area site from project site, its ecological Areas condition and biodiversity • Record of local extinction of any species or declining species (population decreasing day by day) Biodiversity Floral & Faunal Community of PIA Secondary information through • Floral and faunal community of PIA stakeholder consultation, literature • Biodiversity of aquatic system in case its within PIA study followed by primary survey • Endangered/vulnerable/rare/critically endangered species as per IUCN red list

Description of Environmental Baseline Information required for Wastewater ManegementProject Environmental Baseline Information Source (Primary / Secondary) Components/Concerns Physical Environment Geography Geographical information of Project Area Secondary Location, physiography, geology, slope and elevation, drainage pattern, , topography, landslide prone zones, flood plain and river morphology. Contour map, drainage, flood passages and information on high levels flood periodicity of available data Weather and Long term climatological profile of the project area Secondary Climatology Temperature (max/min), precipitation, wind direction at the treatment site, wind speed, cloud cover, humidity, record of natural calamity Land Use Land Use pattern of immediate zone of Impact and Project Influence Area (PIA) around the treatment site. Secondary Cadastral Map/Land Ownership document/Record for immediate Zone of Impact by treatment site&Topographic and GIS maps for Project Influence Area (PIA) Ambient Air Baseline condition of Ambient Air Quality at treatment site Primary in case of site specific • Level of CO2, SO2, NOxInventory of sensitive receptors like school, college, hospital etc. in the vicinity of the secondary data of present time is not treatment site available Ambient Noise Baseline condition of Ambient Noise Level in receipants close to project foot prints through primary Primary in case of site specific Monitoring Day and night time noise level secondary data of present time is not • Inventory of sensitive receptors like school, college, and hospital in the vicinity of the project area available

153

Water Information on ground water and surface water resources Secondary-Hydrogeology • Inventory surface water resources in the PIA including tentative capacity, use and its distance from project site Primary- Quality monitoring and • Information on hydrogeology at the treatment site inventory of Surface water resources •

Soil Nature of soil Nature and type of soil Nature of soil and fertility in the PIA- • Soil profile Secondary Soil Quality- Secondary (DPR) Natural Hazard Threat from Natural Hazard Secondary • Records on natural calamity like flood, , epidemic, etc. in the project area supported with local consultation • Land slide prone /geologically unstable slope areas with respect to GPS Coordinate Debris Disposal Site Identification of Debris Disposal Site, if the conveyance size is more than 0.25 sq.m. Secondary (to be validated through Tentative site for disposal of dismantled/construction debris may be identified stakeholder consultation)

Biological Environment Felling of Trees and Trees falling within direct impact zone [construction site] Primary clearance of Vegetation • Listing of Species, Girth size of affected Trees & Poles with respect to GPS Coordinates Cover • Information of Endemic, Endangered, Medicinal, Protected species • Details of affected protected tree species Forest Area Acquisition of forest land for the project Primary and Secondary • Legal status of forest land proposed for acquisition • Block/Survey/Compartment No. of the area concerned • Extent of Forest area to be acquired • Delineation of affected forest area on map (Cadastral Map preferably) • Threat to associated biodiversity (Flora & Fauna) • Information of Endemic, Endangered, Medicinal, Protected species (Flora & Fauna) Protected Ecological condition of treatment site Secondary Area/Ecologically • Information on presence of Protected Area (National Parks, Wildlife Reserve, Hunting Reserve, Conservation Sensitive Areas/ Areas, Buffer Zones) / site of ecological importance like nesting, breeding ground, Important Bird Areas, Ramsar Ramsar Sites, Forest Areas, any site of national/international importance etc. within PIA. Information should include GIS Sites/Important Bird Map showing distance of Protected area site from project site, its ecological condition and biodiversity Areas Biodiversity Floral and faunal community of PIA Secondary information through • Floral and faunal (community of PIA stakeholder consultation, literature • Biodiversity of aquatic system in case its within PIA study followed by primary survey • Endangered/vulnerable/rare/critically endangered species as per IUCN red list 154

Record of communicable Collect data on communicable diseases in an around proposed treatment plant Secondary information diseases

Description of Environmental Baseline Information required for Solid Waste Management Project Environmental Baseline Information Source (Primary / Secondary) Components/Concerns Physical Environment Geography Geographical information of Project Area Secondary Location, physiography, geology, slope and elevation, drainage pattern, seismology, topography, landslide prone zones, flood plain and river morphology. Contour map, , flood passages and information on high levels flood periodicity of maximum available data Weather and Climatology Long term climatological profile of the project area Secondary Temperature (max/min), precipitation, wind direction, wind speed, cloud cover, humidity, record of natural calamity Land Use Land Use pattern of immediate zone of Impact and Project Influence Area (PIA) around the Sanitary Secondary Management Site and route from transshipment site Cadastral map/land ownership document/record of around the Sanitary management site and 50 m on both sides from the transshipment routeand topographic and GIS maps for Project Influence Area (PIA) Ambient Air Baseline condition of Ambient Air Qualityat proposed Sanitary management site Primary in case of site specific • Level of PM10, PM2.5, CO2, SOx, NOx, HC secondary data of present time is • Indicators for odour, communicable dieses and vectors like moscutoes and fliees be added not available • Inventory of sensitive receptors like school, college, hospital etc. in the vicinity of the project area Ambient Noise • Noise measurement at nearest receptor Primary in case of site specific secondary data of present time is not available Water Information on ground water and surface water resources at and downstream of the sanitary management site. Secondary-Hydrogeology • Inventory Surface Water resources including tentative quantity, use and its distance from project site Primary- Quality monitoring and inventorization of Surface water Quality of Ground and Surface Water at the sanitary management site through primary monitoring resources Soil • Nature and type of soil Nature of soil and fertility in the • Soil profile PIA- Secondary Soil Quality-Primary

Natural Hazard Threat from Natural Hazard Secondary • Records on natural calamity like flood, epidemic, wildfire etc. in the Sanitary management area supported with local consultation • Land slide prone /geologically unstable slope areas near the Sanitary Management Sitewith respect to GPS Coordinate Biological Environment

155

Felling of Trees and clearance Trees falling within direct impact zone Sanitary management site and transshipment route Primary of Vegetation Cover • Listing of Species, Girth size of affected Trees & Poles with respect to GPS Coordinates • Information of Endemic, Endangered, Medicinal, Protected species • Information on offset areas for tree plantation • List of affected Protected Tree Species Forest Area Acquisition of forest land for the project Primary and Secondary • Legal status of forest land proposed for acquisition • Block/Survey/Compartment No. of the area concerned • Extent of Forest area to be acquired • Delineation of affected forest area on map (Cadastral Map preferably) • Threat to associated biodiversity (Flora & Fauna) • Information of Endemic, Endangered, Medicinal, Protected species (Flora & Fauna) Protected Area/Ecologically Ecological condition of PIA Primary and Secondary Sensitive Areas/ Ramsar • Information on presence of Protected Area (National Parks, Wildlife Reserve, Hunting Reserve, Conservation Sites/Important Bird Areas Areas, Buffer Zones) / site of ecological importance like nesting, breeding ground, Important Bird Areas, Ramsar Sites, Wildlife Corridor/Migration Route, Forest Areas, any site of national/international importance etc. within PIA. Information should include GIS Map showing distance of Protected area site from project site, its ecological condition and biodiversity • record of local extinction of any species or declining species (population decreasing day by day) In case proposed land fill site is located within PIA, a detailed ecological assessment may be undertaken. The study should cover biological diversity, species richness of the area; seasonal, Diurnal and nocturnal movement of wildlife towards project site; probable threat from proposed project and suggested mitigation in consultation with concerned stakeholders Biodiversity Floral & Faunal community of PIA Secondary information through • Floral and faunal community of PIA stakeholder consultation, literature • Biodiversity of aquatic system in case its within PIA and 200 m downstream where treated latchet and accidental study followed by primary survey seepage will merge. • Endangered/Vulnerable/rare/critically endangered species as per IUCN red list • occurrence of Protected Species in PIA

Description of Environmental Baseline Information required for Stormwater Drainage Project Environmental Baseline Information Source (Primary / Secondary) Components/Concerns Physical Environment Geography Geographical information of Project Area Secondary Location, Physiography, Geology, Slope & Elevation, Drainage Pattern, seismology, topography, landslide prone zones, Flood plain & River Morphology. Contour map, details of micro drainage, flood passages and information on high levels flood periodicity at least of last 50 years in the area Weather and Climatology Long term climatological profileof the project area Secondary 156

Temperature (Max/Min), Precipitation, record of natural calamity Land Use Land Use pattern of Project Influence Area (PIA) [Cadastral Map/Land Ownership document/Record for Secondary immediate Zone of Impact & Topo Sheet and GIS Map for Project Influence Area (PIA) Details of wetland and water log area, even if they are seasonal. Ambient Air Baseline condition of Ambient Air Quality [Level of PM10, PM2.5 Primary in case of site specific • Inventory of sensitive receptors like school, college, hospital etc. in the vicinity of the project area secondary data of present time is not available Ambient Noise Baseline condition of Ambient Noise Level through primary Monitoring [How does it relate? Primary in case of site specific secondary data of present time is not available Water Information on ground water and surface water resources Secondary-Hydrogeology • Inventory Surface Water resources in the PIA including tentative capacity, use and its distance from project site Primary- Quality monitoring and Quality of Ground and Surface Water of the PIA through primary monitoring inventorization of Surface water resources Soil Nature of soil and fertility in the PIA Nature of soil and fertility in the Nature and type of soil PIA- Secondary • Soil profile Soil Quality-Primary

Natural Hazard Threat from Natural Hazard Secondary • Records on natural calamity like flood, drought, famine, epidemic, etc. in the project area supported with local consultation • Land slide prone /geologically unstable slope areas with respect to GPS Coordinate • Prevalence of water born dieses especially mosquito vectored. Debris Disposal Site Identification of Debris Disposal Site Secondary (to be validated through Tentative site for disposal of dismantled/construction debris may be identified stakeholder consultation) Biological Environment Felling of Trees and clearance Trees falling within construction area. Primary and secondary of Vegetation Cover • Listing of Species, Girth size of affected Trees & Poles with respect to GPS Coordinates • Information of Endemic, Endangered, Medicinal, Protected species • List of affected Protected Species of trees Forest Area Acquisition of forest land for the project Primary and Secondary • Extent of Forest area to be acquired (including Legal status of forest land,Block/Survey/Compartment No. of the area concerned) • Delineation of affected forest area on map (Cadastral Map preferably) • Threat to associated biodiversity (Flora & Fauna) • Information of Endemic, Endangered, Medicinal, Protected species (Flora & Fauna) Protected Area/Ecologically Ecological condition along the drain site Secondary Sensitive Areas/ Ramsar • Information on presence of Protected Area (National Parks, Wildlife Reserve, Hunting Reserve, Conservation information through stakeholder Sites/Important Bird Areas Areas, Buffer Zones) / site of ecological importance like nesting, breeding ground, Ramsar Sites and other wetland consultation, and seasonal water logged area, Wildlife Corridor/Migration Route, Forest Areas, any site of national/international 157

importance etc. around the intervention (especially construction and diversion) site. Information should include GIS Map showing distance of Protected area site from project site, its ecological condition and biodiversity Biodiversity Floral & Faunal Secondary information through stakeholder consultation,

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Appendix J: List of Ineligible Sub-Projects

Road sector • New roads, road rehabilitation, road-surfacing or track upgrading of any kind inside critical natural habitats, forests, environmentally sensitive areas, protected areas (National Parks, Wildlife Reserve, Hunting Reserve, Conservation Areas etc.), significant biodiversity and/or protected conservation zones • Projects that may cause, or have the potential to result in permanent and/or significant damage to non-replicable cultural property, irreplaceable cultural relics, historical buildings and/or archaeological sites • Projects that may significantly convert or provide access into critical natural habitats or negatively affect rare or endangered species and their natural habitats • New road construction that may cause habitat fragmentation and impact the wildlife corridors • The projects that may result in large-scale involuntary land acquisition or significant physical displacement of affected communities or relocation of Indigenous Peoples that would restrict or cease their access to traditional lands or resources • Projects that does not meet minimum design standards with poor design or construction quality, particularly if located in vulnerable areas

Water supply • Greenfield water supply projects: Projects involving withdrawal of surface water which may have a significantly reduce and create negative impacts13 on the quality, quantity and velocity of the environmental flows that would affect the physical and ecological conditions, biodiversity (terrestrial and aquatic life) and ecosystem services of the surface water course at any point in the water channel and its tributaries (from upstream, midstream and downstream). • Brownfield water supply projects: Projects which result in the increased demand from the existing water source and if the watershed or aquifer feeding this source is not sufficient to meet the increased demand14. • Projects that will adversely affect the water supply and livelihoods of the communities in the project’s area of influence • Projects which may result in abstraction of ground water in ground water stressed areas • Projects that pass through critical natural habitats, forests, environmentally sensitive areas, significant biodiversity and/or protected conservation zones, protected areas (National Parks, Wildlife Reserve, Hunting Reserve, Conservation Areas etc.) • Projects that may cause, or have the potential to result in, permanent and/or significantly damage to non-replicable cultural property, irreplaceable cultural relics, historical buildings and/or archaeological sites • The projects that will result in large-scale involuntary land acquisition or significant physical displacement of affected communities, or relocation of Indigenous Peoples that would restrict or cease their access to traditional lands or resources • If the project would rely on the performance of an existing dam. The large dam (with a height of more than 15 m) triggers dam safety due diligence process and OP 4.37

Wastewater

13 To be assessed through detailed study of water availability, ecological assessment, assessment of permissible volume of water 14 To be assessed by determination of a water balance of the location of the water source and the demand from the existing water supply network and any informal extraction from deep wells, shallow wells etc. to ensure that the replenishment rate in the water source is greater than the extraction rate of the water 159

• Treatment plant and effluent discharge is located/proposed to be located in critical natural habitats, forests, environmentally sensitive areas, significant biodiversity and/or protected conservation zones, protected areas (National Parks, Wildlife Reserve, Hunting Reserve, Conservation Areas etc.) and environmentally fragile areas • Projects that will cause, or have the potential to result in, permanent and/or significantly damage to non-replicable cultural property, irreplaceable cultural relics, historical buildings and/or archaeological sites • Projects that will adversely affect the water supply and livelihoods of the communities in the project’s area of influence • The projects that will result in large-scale involuntary land acquisition or significant physical displacement of affected communities or relocation of Indigenous Peoples that would restrict or cease their access to traditional lands or resources; • Construction of wastewater treatment plant which receives industrial or hazardous influent without any pre-treatment to ensure that any incoming wastewater will not upset the designed treatment process Solid waste management • Construction of a new landfill near a surface water body or aquifer, with the possibility of untreated leachate draining or contaminating any source of water supply, surface water or groundwater resource or communities in the project’s area of influence • Landfill site is proposed to be located in critical natural habitats, forests, environmentally sensitive areas, significant biodiversity and/or protected conservation zones, protected areas (National Parks, Wildlife Reserve, Hunting Reserve, Conservation Areas etc.) and environmentally fragile area • Construction of new landfill disposal site which may result in large-scale involuntary land acquisition or significant physical displacement of affected communities or relocation of Indigenous Peoples that would restrict or cease their access to traditional lands or resources • Waste to Energy projects with the installed capacity of greater than 25 MW or lower capacities with no air pollution control device or residual waste treatment process • Projects involving management of significant quantities of toxic waste – toxic waste is defined as waste containing chemicals or materials that are capable of causing injury/death to life having poisonous, radioactive, explosive, carcinogenic, mutagenic or teratogenic properties. Storm water drainage system • Storm water drainage network development or upgradation along new roads or existing roads inside critical natural habitats, forests, environmentally sensitive areas, protected areas (National Parks, Wildlife Reserve, Hunting Reserve, Conservation Areas etc.), significant biodiversity and/or protected conservation zones • Projects that would curtail, divert or reduce the environmental flows of surface water courses away from sources of water supply, agricultural lands or important water resources • Storm water drainage projects resulting in the siltation or contamination of any surface water or groundwater resource or communities in the project’s area of influence • Storm water drainage projects along New road construction that may cause habitat fragmentation and impact the wildlife corridors

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Appendix K: COVID-19 considerations in construction/civil works projects

ESF/SAFEGUARDS INTERIM NOTE: COVID-19 CONSIDERATIONS IN CONSTRUCTION/CIVIL WORKS PROJECTS

This note was issued on April 7, 2020 and includes links to the latest guidance as of this date (e.g. from WHO). Given the COVID-19 situation is rapidly evolving, when using this note it is important to check whether any updates to these external resources have been issued.

1. INTRODUCTION The COVID-19 pandemic presents Governments with unprecedented challenges. Addressing COVID-19 related issues in both existing and new operations starts with recognizing that this is not business as usual and that circumstances require a highly adaptive responsive management design to avoid, minimize and manage what may be a rapidly evolving situation. In many cases, we will ask Borrowers to use reasonable efforts in the circumstances, recognizing that what may be possible today may be different next week (both positively, because more supplies and guidance may be available, and negatively, because the spread of the virus may have accelerated). This interim note is intended to provide guidance to teams on how to support Borrowers in addressing key issues associated with COVID-19 and consolidates the advice that has already been provided over the past month. As such, it should be used in place of other guidance that has been provided to date. This note will be developed as the global situation and the Bank’s learning (and that of others) develops. This is not a time when ‘one size fits all’. More than ever, teams will need to work with Borrowers and projects to understand the activities being carried out and the risks that these activities may entail. Support will be needed in designing mitigation measures that are implementable in the context of the project. These measures will need to take into account the capacity of the Government agencies, availability of supplies and the practical challenges of operations on-the-ground, including stakeholder engagement, supervision and monitoring. In many circumstances, communication itself may be challenging, where face-to-face meetings are restricted or prohibited, and where IT solutions are limited or unreliable. This note emphasizes the importance of careful scenario planning, clear procedures and protocols, management systems, effective communication and coordination, and the need for high levels of responsiveness in a changing environment. It recommends assessing the current situation of the project, putting in place mitigation measures to avoid or minimize the chance of infection, and planning what to do if either project workers become infected or the work force includes workers from proximate communities affected by COVID-19. In many projects, measures to avoid or minimize will need to be implemented at the same time as dealing with sick workers and relations with the community, some of whom may also be ill or concerned about infection. Borrowers should understand the obligations that contractors have under their existing contracts (see Section 3), require contractors to put in place appropriate organizational structures (see Section 4) and develop procedures to address different aspects of COVID-19 (see Section 5).

2. CHALLENGES WITH CONSTRUCTION/CIVIL WORKS Projects involving construction/civil works frequently involve a large work force, together with suppliers and supporting functions and services. The work force may comprise workers from international, national, regional, and local labor markets. They may need to live in on-site accommodation, lodge within communities close to work sites or return to their homes after work. There may be different contractors permanently present on site, carrying out different activities, each with their own dedicated workers. Supply chains may involve international, regional and national suppliers facilitating the regular flow of goods and services to the project (including supplies essential to the project such as fuel, food, and water). As such there will also be regular flow of parties entering and exiting the site; support services, such as catering, cleaning services, equipment, material and supply deliveries, and specialist sub-contractors, brought in to deliver specific elements of the works. Given the complexity and the concentrated number of workers, the potential for the spread of infectious disease in projects involving construction is extremely serious, as are the implications of such a spread. Projects may experience large numbers of the work force becoming ill, which will strain the project’s health facilities, have implications for local emergency and health services and may jeopardize the progress of the construction work and the schedule of the project. Such impacts will be exacerbated where a work force is large and/or the project is in remote or under-serviced areas. In such circumstances, relationships with the community can be strained or difficult and conflict can arise, particularly if people feel they are being exposed to disease by the project or are having to compete for scarce resources. The project must also exercise appropriate precautions against introducing the infection to local communities.

3. DOES THE CONSTRUCTION CONTRACT COVER THIS SITUATION? Given the unprecedented nature of the COVID-19 pandemic, it is unlikely that the existing construction/civil works contracts will cover all the things that a prudent contractor will need to do. Nevertheless, the first place for a Borrower to start is with the contract, determining what a contractor’s existing obligations are, and how these relate to the current situation. The obligations on health and safety will depend on what kind of contract exists (between the Borrower and the main contractor; between the main contractors and the sub-contractors). It will differ if the Borrower used the World Bank’s

standard procurement documents (SPDs) or used national bidding documents. If a FIDIC document has been used, there will be general provisions relating to health and safety. For example, the standard FIDIC, Conditions of Contract for Construction (Second Edition 2017), which contains no ‘ESF enhancements’, states (in the General Conditions, clause 6.7) that the Contractor will be required: • to take all necessary precautions to maintain the health and safety of the Contractor’s Personnel • to appoint a health and safety officer at site, who will have the authority to issue directives for the purpose of maintaining the health and safety of all personnel authorized to enter and or work on the site and to take protective measures to prevent accidents • to ensure, in collaboration with local health authorities, that medical staff, first aid facilities, sick bay, ambulance services and any other medical services specified are available at all times at the site and at any accommodation • to ensure suitable arrangements are made for all necessary welfare and hygiene requirements and for the prevention of epidemics

These requirements have been enhanced through the introduction of the ESF into the SPDs (edition dated July 2019). The general FIDIC clause referred to above has been strengthened to reflect the requirements of the ESF. Beyond FIDIC’s general requirements discussed above, the Bank’s Particular Conditions include a number of relevant requirements on the Contractor, including: • to provide health and safety training for Contractor’s Personnel (which include project workers and all personnel that the Contractor uses on site, including staff and other employees of the Contractor and Subcontractors and any other personnel assisting the Contractor in carrying out project activities) • to put in place workplace processes for Contractor’s Personnel to report work situations that are not safe or healthy • gives Contractor’s Personnel the right to report work situations which they believe are not safe or healthy, and to remove themselves from a work situation which they have a reasonable justification to believe presents an imminent and serious danger to their life or health (with no reprisal for reporting or removing themselves) • requires measures to be in place to avoid or minimize the spread of diseases including measures to avoid or minimize the transmission of communicable diseases that may be associated with the influx of temporary or permanent contract- related labor • to provide an easily accessible grievance mechanism to raise workplace concerns

Where the contract form used is FIDIC, the Borrower (as the Employer) will be represented by the Engineer (also referred to in this note as the Supervising Engineer). The Engineer will be authorized to exercise authority specified in or necessarily implied from the construction contract. In such cases, the Engineer (through its staff on site) will be the interface between the PIU and the Contractor. It is important therefore to understand the scope of the Engineer’s responsibilities. It is also important to recognize that in the case of infectious diseases such as COVID-19, project management – through the Contractor/subcontractor hierarchy – is only as effective as the weakest link. A thorough review of management procedures/plans as they will be implemented through the entire contractor hierarchy is important. Existing contracts provide the outline of this structure; they form the basis for the Borrower to understand how proposed mitigation measures will be designed and how adaptive management will be implemented, and to start a conversation with the Contractor on measures to address COVID-19 in the project.

4. WHAT PLANNING SHOULD THE BORROWER BE DOING? Task teams should work with Borrowers (PIUs) to confirm that projects (i) are taking adequate precautions to prevent or minimize an outbreak of COVID-19, and (ii) have identified what to do in the event of an outbreak. Suggestions on how to do this are set out below: • The PIU, either directly or through the Supervising Engineer, should request details in writing from the main Contractor of the measures being taken to address the risks. As stated in Section 3, the construction contract should include health and safety requirements, and these can be used as the basis for identification of, and requirements to implement, COVID- 19 specific measures. The measures may be presented as a contingency plan, as an extension of the existing project emergency and preparedness plan or as standalone procedures. The measures may be reflected in revisions to the project’s health and safety manual. This request should be made in writing (following any relevant procedure set out in the contract between the Borrower and the contractor). • In making the request, it may be helpful for the PIU to specify the areas that should be covered. This should include the items set out in Section 5 below and take into account current and relevant guidance provided by national authorities, WHO and other organizations. See the list of references in the Annex to this note. • The PIU should require the Contractor to convene regular meetings with the project health and safety specialists and medical staff (and where appropriate the local health authorities), and to take their advice in designing and implementing the agreed measures. • Where possible, a senior person should be identified as a focal point to deal with COVID-19 issues. This can be a work supervisor or a health and safety specialist. This person can be responsible for coordinating preparation of the site and making sure that the measures taken are communicated to the workers, those entering the site and the local community. It is also advisable to designate at least one back-up person, in case the focal point becomes ill; that person should be aware of the arrangements that are in place.

• On sites where there are a number of contractors and therefore (in effect) different work forces, the request should emphasize the importance of coordination and communication between the different parties. Where necessary, the PIU should request the main contractor to put in place a protocol for regular meetings of the different contractors, requiring each to appoint a designated staff member (with back up) to attend such meetings. If meetings cannot be held in person, they should be conducted using whatever IT is available. The effectiveness of mitigation measures will depend on the weakest implementation, and therefore it is important that all contractors and sub-contractors understand the risks and the procedure to be followed. • The PIU, either directly or through the Supervising Engineer, may provide support to projects in identifying appropriate mitigation measures, particularly where these will involve interface with local services, in particular health and emergency services. In many cases, the PIU can play a valuable role in connecting project representatives with local Government agencies, and helping coordinate a strategic response, which takes into account the availability of resources. To be most effective, projects should consult and coordinate with relevant Government agencies and other projects in the vicinity. • Workers should be encouraged to use the existing project grievance mechanism to report concerns relating to COVID- 19, preparations being made by the project to address COVID-19 related issues, how procedures are being implemented, and concerns about the health of their co-workers and other staff.

5. WHAT SHOULD THE CONTRACTOR COVER? The Contractor should identify measures to address the COVID-19 situation. What will be possible will depend on the context of the project: the location, existing project resources, availability of supplies, capacity of local emergency/health services, the extent to which the virus already exist in the area. A systematic approach to planning, recognizing the challenges associated with rapidly changing circumstances, will help the project put in place the best measures possible to address the situation. As discussed above, measures to address COVID-19 may be presented in different ways (as a contingency plan, as an extension of the existing project emergency and preparedness plan or as standalone procedures). PIUs and contractors should refer to guidance issued by relevant authorities, both national and international (e.g. WHO), which is regularly updated (see sample References and links provided in the Annex). Addressing COVID-19 at a project site goes beyond occupational health and safety, and is a broader project issue which will require the involvement of different members of a project management team. In many cases, the most effective approach will be to establish procedures to address the issues, and then to ensure that these procedures are implemented systematically. Where appropriate given the project context, a designated team should be established to address COVID- 19 issues, including PIU representatives, the Supervising Engineer, management (e.g. the project manager) of the contractor and sub-contractors, security, and medical and OHS professionals. Procedures should be clear and straightforward, improved as necessary, and supervised and monitored by the COVID-19 focal point(s). Procedures should be documented, distributed to all contractors, and discussed at regular meetings to facilitate adaptive management. The issues set out below include a number that represent expected good workplace management but are especially pertinent in preparing the project response to COVID-19.

(a) ASSESSING WORKFORCE CHARACTERISTICS Many construction sites will have a mix of workers e.g. workers from the local communities; workers from a different part of the country; workers from another country. Workers will be employed under different terms and conditions and be accommodated in different ways. Assessing these different aspects of the workforce will help in identifying appropriate mitigation measures: • The Contractor should prepare a detailed profile of the project work force, key work activities, schedule for carrying out such activities, different durations of contract and rotations (e.g. 4 weeks on, 4 weeks off). • This should include a breakdown of workers who reside at home (i.e. workers from the community), workers who lodge within the local community and workers in on-site accommodation. Where possible, it should also identify workers that may be more at risk from COVID-19, those with underlying health issues or who may be otherwise at risk. • Consideration should be given to ways in which to minimize movement in and out of site. This could include lengthening the term of existing contracts, to avoid workers returning home to affected areas, or returning to site from affected areas. • Workers accommodated on site should be required to minimize contact with people near the site, and in certain cases be prohibited from leaving the site for the duration of their contract, so that contact with local communities is avoided. • Consideration should be given to requiring workers lodging in the local community to move to site accommodation (subject to availability) where they would be subject to the same restrictions. • Workers from local communities, who return home daily, weekly or monthly, will be more difficult to manage. They should be subject to health checks at entry to the site (as set out above) and at some point, circumstances may make it necessary to require them to either use accommodation on site or not to come to work.

(b) ENTRY/EXIT TO THE WORK SITE AND CHECKS ON COMMENCEMENT OF WORK Entry/exit to the work site should be controlled and documented for both workers and other parties, including support staff and suppliers. Possible measures may include: • Establishing a system for controlling entry/exit to the site, securing the boundaries of the site, and establishing designating entry/exit points (if they do not already exist). Entry/exit to the site should be documented. • Training security staff on the (enhanced) system that has been put in place for securing the site and controlling entry and exit, the behaviors required of them in enforcing such system and any COVID -19 specific considerations.

• Training staff who will be monitoring entry to the site, providing them with the resources they need to document entry of workers, conducting temperature checks and recording details of any worker that is denied entry. • Confirming that workers are fit for work before they enter the site or start work. While procedures should already be in place for this, special attention should be paid to workers with underlying health issues or who may be otherwise at risk. Consideration should be given to demobilization of staff with underlying health issues. • Checking and recording temperatures of workers and other people entering the site or requiring self-reporting prior to or on entering the site. • Providing daily briefings to workers prior to commencing work, focusing on COVID-19 specific considerations including cough etiquette, hand hygiene and distancing measures, using demonstrations and participatory methods. • During the daily briefings, reminding workers to self-monitor for possible symptoms (fever, cough) and to report to their supervisor or the COVID-19 focal point if they have symptoms or are feeling unwell. • Preventing a worker from an affected area or who has been in contact with an infected person from returning to the site for 14 days or (if that is not possible) isolating such worker for 14 days. • Preventing a sick worker from entering the site, referring them to local health facilities if necessary or requiring them to isolate at home for 14 days.

(c) GENERAL HYGIENE Requirements on general hygiene should be communicated and monitored, to include: • Training workers and staff on site on the signs and symptoms of COVID-19, how it is spread, how to protect themselves (including regular handwashing and social distancing) and what to do if they or other people have symptoms (for further information see WHO COVID-19 advice for the public). • Placing posters and signs around the site, with images and text in local languages. • Ensuring handwashing facilities supplied with soap, disposable paper towels and closed waste bins exist at key places throughout site, including at entrances/exits to work areas; where there is a toilet, canteen or food distribution, or provision of drinking water; in worker accommodation; at waste stations; at stores; and in common spaces. Where handwashing facilities do not exist or are not adequate, arrangements should be made to set them up. Alcohol based sanitizer (if available, 60-95% alcohol) can also be used. • Review worker accommodations and assess them in light of the requirements set out in IFC/EBRD guidance on Workers’ Accommodation: processes and standards, which provides valuable guidance as to good practice for accommodation. • Setting aside part of worker accommodation for precautionary self-quarantine as well as more formal isolation of staff who may infected (see paragraph (f)).

(d) CLEANING AND WASTE DISPOSAL Conduct regular and thorough cleaning of all site facilities, including offices, accommodation, canteens, common spaces. Review cleaning protocols for key construction equipment (particularly if it is being operated by different workers). This should include: • Providing cleaning staff with adequate cleaning equipment, materials and disinfectant. • Review general cleaning systems, training cleaning staff on appropriate cleaning procedures and appropriate frequency in high use or high-risk areas. • Where it is anticipated that cleaners will be required to clean areas that have been or are suspected to have been contaminated with COVID-19, providing them with appropriate PPE: gowns or aprons, gloves, eye protection (masks, goggles or face screens) and boots or closed work shoes. If appropriate PPE is not available, cleaners should be provided with best available alternatives. • Training cleaners in proper hygiene (including handwashing) prior to, during and after conducting cleaning activities; how to safely use PPE (where required); in waste control (including for used PPE and materials). • Any medical waste produced during the care of ill workers should be collected safely in designated containers or bags and treated and disposed of following relevant requirements (e.g., national, WHO). If open burning and incineration of medical wastes is necessary, this should be for as limited a duration as possible. Waste should be reduced and segregated, so that only the smallest amount of waste is incinerated (for further information see WHO interim guidance on water, and sanitiation and waste management for COVID-19)

(e) ADJUSTING WORK PRACTICES Consider changes to work processes and timings to reduce or minimize contact between workers, recognizing that this is likely to impact the project schedule. Such measures could include: • Decreasing the size of work teams. • Limiting the number of workers on site at any one time.• Changing to a 24-hour work rotation. • Adapting or redesigning work processes for specific work activities and tasks to enable social distancing, and training workers on these processes. • Continuing with the usual safety trainings, adding COVID-19 specific considerations. Training should include proper use of normal PPE. While as of the date of this note, general advice is that construction workers do not require COVID-19 specific PPE, this should be kept under review (for further information see WHO interim guidance on rational use of personal protective equipment (PPE) for COVID-19). • Reviewing work methods to reduce use of construction PPE, in case supplies become scarce or the PPE is needed for medical workers or cleaners. This could include, e.g. trying to reduce the need for dust masks by checking that water sprinkling systems are in good working order and are maintained or reducing the speed limit for haul trucks. • Arranging (where possible) for work breaks to be taken in outdoor areas within the site. • Consider changing canteen layouts and phasing meal times to allow for social distancing and phasing access to and/or temporarily restricting access to leisure facilities that may exist on site, including gyms. • At some point, it may be necessary to review the overall project schedule, to assess the extent to which it needs to be adjusted (or work stopped completely) to reflect prudent work practices, potential exposure of both workers and the community and availability of supplies, taking into account Government advice and instructions.

(f) PROJECT MEDICAL SERVICES Consider whether existing project medical services are adequate, taking into account existing infrastructure (size of clinic/medical post, number of beds, isolation facilities), medical staff, equipment and supplies, procedures and training. Where these are not adequate, consider upgrading services where possible, including: • Expanding medical infrastructure and preparing areas where patients can be isolated. Guidance on setting up isolation facilities is set out in WHO interim guidance on considerations for quarantine of individuals in the context of containment for COVID-19). Isolation facilities should be located away from worker accommodation and ongoing work activities. Where possible, workers should be provided with a single well-ventilated room (open windows and door). Where this is not possible, isolation facilities should allow at least 1 meter between workers in the same room, separating workers with curtains, if possible. Sick workers should limit their movements, avoiding common areas and facilities and not be allowed visitors until they have been clear of symptoms for 14 days. If they need to use common areas and facilities (e.g. kitchens or canteens), they should only do so when unaffected workers are not present and the area/facilities should be cleaned prior to and after such use. • Training medical staff, which should include current WHO advice on COVID-19 and recommendations on the specifics of COVID-19. Where COVID-19 infection is suspected, medical providers on site should follow WHO interim guidance on infection prevention and control during health care when novel coronavirus (nCoV) infection is suspected. • Training medical staff in testing, if testing is available. • Assessing the current stock of equipment, supplies and medicines on site, and obtaining additional stock, where required and possible. This could include medical PPE, such as gowns, aprons, medical masks, gloves, and eye protection. Refer to WHO guidance as to what is advised (for further information see WHO interim guidance on rational use of personal protective equipment (PPE) for COVID-19). • If PPE items are unavailable due to world-wide shortages, medical staff on the project should agree on alternatives and try to procure them. Alternatives that may commonly be found on constructions sites include dust masks, construction gloves and eye goggles. While these items are not recommended, they should be used as a last resort if no medical PPE is available. • Ventilators will not normally be available on work sites, and in any event, intubation should only be conducted by experienced medical staff. If a worker is extremely ill and unable to breathe properly on his or her own, they should be referred immediately to the local hospital (see (g) below). • Review existing methods for dealing with medical waste, including systems for storage and disposal (for further information see WHO interim guidance on water, sanitation and waste management for COVID-19, and WHO guidance on safe management of wastes from health-care activities).

(g) LOCAL MEDICAL AND OTHER SERVICES Given the limited scope of project medical services, the project may need to refer sick workers to local medical services. Preparation for this includes: • Obtaining information as to the resources and capacity of local medical services (e.g. number of beds, availability of trained staff and essential supplies). • Conducting preliminary discussions with specific medical facilities, to agree what should be done in the event of ill workers needing to be referred. • Considering ways in which the project may be able to support local medical services in preparing for members of the community becoming ill, recognizing that the elderly or those with pre-existing medical conditions require additional support to access appropriate treatment if they become ill. • Clarifying the way in which an ill worker will be transported to the medical facility, and checking availability of such transportation. • Establishing an agreed protocol for communications with local emergency/medical services. • Agreeing with the local medical services/specific medical facilities the scope of services to be provided, the procedure for in-take of patients and (where relevant) any costs or payments that may be involved. • A procedure should also be prepared so that project management knows what to do in the unfortunate event that a worker ill with COVID-19 dies. While normal project procedures will continue to apply, COVID-19 may raise other issues because of the infectious nature of the disease. The project should liaise with the relevant local authorities to coordinate what should be done, including any reporting or other requirements under national law.

(h) INSTANCES OR SPREAD OF THE VIRUS WHO provides detailed advice on what should be done to treat a person who becomes sick or displays symptoms that could be associated with the COVID-19 virus (for further information see WHO interim guidance on infection prevention and control during health care when novel coronavirus (nCoV) infection is suspected). The project should set out risk- based procedures to be followed, with differentiated approaches based on case severity (mild, moderate, severe, critical) and risk factors (such as age, hypertension, diabetes) (for further information see WHO interim guidance on operational considerations for case management of COVID-19 in health facility and community). These may include the following: • If a worker has symptoms of COVID-19 (e.g. fever, dry cough, fatigue) the worker should be removed immediately from work activities and isolated on site. • If testing is available on site, the worker should be tested on site. If a test is not available at site, the worker should be transported to the local health facilities to be tested (if testing is available).

• If the test is positive for COVID-19 or no testing is available, the worker should continue to be isolated. This will either be at the work site or at home. If at home, the worker should be transported to their home in transportation provided by the project. • Extensive cleaning procedures with high-alcohol content disinfectant should be undertaken in the area where the worker was present, prior to any further work being undertaken in that area. Tools used by the worker should be cleaned using disinfectant and PPE disposed of. • Co-workers (i.e. workers with whom the sick worker was in close contact) should be required to stop work, and be required to quarantine themselves for 14 days, even if they have no symptoms. • Family and other close contacts of the worker should be required to quarantine themselves for 14 days, even if they have no symptoms. • If a case of COVID-19 is confirmed in a worker on the site, visitors should be restricted from entering the site and worker groups should be isolated from each other as much as possible. • If workers live at home and has a family member who has a confirmed or suspected case of COVID-19, the worker should quarantine themselves and not be allowed on the project site for 14 days, even if they have no symptoms. • Workers should continue to be paid throughout periods of illness, isolation or quarantine, or if they are required to stop work, in accordance with national law. • Medical care (whether on site or in a local hospital or clinic) required by a worker should be paid for by the employer.

(i) CONTINUITY OF SUPPLIES AND PROJECT ACTIVITIES Where COVID-19 occurs, either in the project site or the community, access to the project site may be restricted, and movement of supplies may be affected. • Identify back-up individuals, in case key people within the project management team (PIU, Supervising Engineer, Contractor, sub-contractors) become ill, and communicate who these are so that people are aware of the arrangements that have been put in place. • Document procedures, so that people know what they are, and are not reliant on one person’s knowledge. • Understand the supply chain for necessary supplies of energy, water, food, medical supplies and cleaning equipment, consider how it could be impacted, and what alternatives are available. Early pro-active review of international, regional and national supply chains, especially for those supplies that are critical for the project, is important (e.g. fuel, food, medical, cleaning and other essential supplies). Planning for a 1-2-month interruption of critical goods may be appropriate for projects in more remote areas. • Place orders for/procure critical supplies. If not available, consider alternatives (where feasible). • Consider existing security arrangements, and whether these will be adequate in the event of interruption to normal project operations. • Consider at what point it may become necessary for the project to significantly reduce activities or to stop work completely, and what should be done to prepare for this, and to re-start work when it becomes possible or feasible.

(j) TRAINING AND COMMUNICATION WITH WORKERS Workers need to be provided with regular opportunities to understand their situation, and how they can best protect themselves, their families and the community. They should be made aware of the procedures that have been put in place by the project, and their own responsibilities in implementing them. • It is important to be aware that in communities close to the site and amongst workers without access to project management, social media is likely to be a major source of information. This raises the importance of regular information and engagement with workers (e.g. through training, town halls, toolboxes) that emphasizes what management is doing to deal with the risks of COVID-19. Allaying fear is an important aspect of work force peace of mind and business continuity. Workers should be given an opportunity to ask questions, express their concerns, and make suggestions. • Training of workers should be conducted regularly, as discussed in the sections above, providing workers with a clear understanding of how they are expected to behave and carry out their work duties. • Training should address issues of discrimination or prejudice if a worker becomes ill and provide an understanding of the trajectory of the virus, where workers return to work. • Training should cover all issues that would normally be required on the work site, including use of safety procedures, use of construction PPE, occupational health and safety issues, and code of conduct, taking into account that work practices may have been adjusted. • Communications should be clear, based on fact and designed to be easily understood by workers, for example by displaying posters on handwashing and social distancing, and what to do if a worker displays symptoms.

(k) COMMUNICATION AND CONTACT WITH THE COMMUNITY Relations with the community should be carefully managed, with a focus on measures that are being implemented to safeguard both workers and the community. The community may be concerned about the presence of non-local workers, or the risks posed to the community by local workers presence on the project site. The project should set out risk-based procedures to be followed, which may reflect WHO guidance (for further information see WHO Risk Communication and Community Engagement (RCCE) Action Plan Guidance COVID-19 Preparedness and Response). The following good practice should be considered: • Communications should be clear, regular, based on fact and designed to be easily understood by community members.

• Communications should utilize available means. In most cases, face-to-face meetings with the community or community representatives will not be possible. Other forms of communication should be used; posters, pamphlets, radio, text message, electronic meetings. The means used should take into account the ability of different members of the community to access them, to make sure that communication reaches these groups. • The community should be made aware of procedures put in place at site to address issues related to COVID-19. This should include all measures being implemented to limit or prohibit contact between workers and the community. These need to be communicated clearly, as some measures will have financial implications for the community (e.g. if workers are paying for lodging or using local facilities). The community should be made aware of the procedure for entry/exit to the site, the training being given to workers and the procedure that will be followed by the project if a worker becomes sick. • If project representatives, contractors or workers are interacting with the community, they should practice social distancing and follow other COVID-19 guidance issued by relevant authorities, both national and international (e.g. WHO).

6. EMERGENCY POWERS AND LEGISLATION Many Borrowers are enacting emergency legislation. The scope of such legislation, and the way it interacts with other legal requirements, will vary from country to country. Such legislation can cover a range of issues, for example: • Declaring a public health emergency • Authorizing the use of police or military in certain activities (e.g. enforcing curfews or restrictions on movement) • Ordering certain categories of employees to work longer hours, not to take holiday or not to leave their job (e.g. health workers) • Ordering non-essential workers to stay at home, for reduced pay or compulsory holiday Except in exceptional circumstances (after referral to the World Bank’s Operations Environmental and Social Review Committee (OESRC)), projects will need to follow emergency legislation to the extent that these are mandatory or advisable. It is important that the Borrower understands how mandatory requirements of the legislation will impact the project. Teams should require Borrowers (and in turn, Borrowers should request Contractors) to consider how the emergency legislation will impact the obligations of the Borrower set out in the legal agreement and the obligations set out in the construction contracts. Where the legislation requires a material departure from existing contractual obligations, this should be documented, setting out the relevant provisions.

ANNEX WHO Guidance Advice for the public WHO advice for the public, including on social distancing, respiratory hygiene, self-quarantine, and seeking medical advice, can be consulted on this WHO website: https://www.who.int/emergencies/diseases/novel-coronavirus- 2019/advice-for-public Technical guidance Infection prevention and control during health care when novel coronavirus (nCoV) infection is suspected, issued on 19 March 2020 Coronavirus disease (COVID-19) outbreak: rights, roles and responsibilities of health workers, including key considerations for occupational safety and health, issued on 18 March 2020 Risk Communication and Community Engagement (RCCE) Action Plan Guidance COVID-19 Preparedness and Response, issued on 16 March 2020 Considerations for quarantine of individuals in the context of containment for coronavirus disease (COVID-19), issued on 19 March 2020 Operational considerations for case management of COVID-19 in health facility and community, issued on 19 March 2020 Rational use of personal protective equipment for coronavirus disease 2019 (COVID-19), issued on 27 February 2020 Getting your workplace ready for COVID-19, issued on 19 March 2020 Water, sanitation, hygiene and waste management for COVID-19, issued on 19 March 2020 Safe management of wastes from health-care activities issued in 2014 Advice on the use of masks in the community, during home care and in healthcare settings in the context of the novel coronavirus (COVID-19) outbreak, issued on March 19, 2020 ILO GUIDANCE ILO Standards and COVID-19 FAQ, issued on March 23, 2020 (provides a compilation of answers to most frequently asked questions related to international labor standards and COVID-19) MFI GUIDANCE IDB Invest Guidance for Infrastructure Projects on COVID-19: A Rapid Risk Profile and Decision Framework KfW DEG COVID-19 Guidance for employers, issued on 31 March 2020 CDC Group COVID-19 Guidance for Employers, issued on 23 March 2020