Environmental and Social Management Framework (ESMF)

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1


Environmental and Social
Management
Framework

(ESMF)

AFGHANISTAN
:
JUSTICE SERVICE DELIVERY PROJECT





Executive Summary

The J
ustice
S
ervice
D
elivery
P
roject (JSDP)

is a 5
-
year, ARTF funded operation. The estimated cost of
the project is US$ 85.
5

million
.

The project consists of four interrelated components: (a) Partnership for Justice; (b) Legal Empowerment;
(c) Organization and Capacity of Justice Institutions; an
d (d) Implementation Capacity. The

A
JSD project
will undertake a number of construction, rehabilitation and renovation activities over the 5 year period.
Since the
final selection and
detailed designs of the multiple maintenance and construction activities

will
be developed only at the beginning of the project implementation period, a framework approach has been
adopted for safeguards management.

The Environmental and Social Management Framework (ESMF)
, developed by the GoA,

provides
general policies proce
dures for the management of environmental and social issues at each site and as
such constitutes a

set of guidelines for the development of site
-
specific Environmental and Social
Management Plans (ESMP).
It is not anticipated that
the
JSDP maintenance, reh
abilitation and
construction work
would have any

significant
or
irreversible adverse impacts on the environment or
community. The identified potential adverse impacts are localized in spatial extent and short in duration,
and are manageable by implementing

mitigation measures that will be detailed in the
Site Specific
Environmental and Social Management Plan (ESMP). The project is categorized as environmental
category B

in accordance with
World Bank
operational policy (OP) 4.01 (Environmental Assessment).

T
he
J
ustice
I
nstitution (JI)

facilities

are

all reportedly
placed on
government land
, and no
land acquisition
is expected for the
ir

rehabilitation
.

The risk of involuntary resettlement or land acquisition is therefore
considered to be extremely low.

However,
prior to start of physical works
documentation is required that
the land is free of encroachments, squatters or other encumbrances, and that the land has been transferred
to the relevant authorities.

The ESMF comprises a framework for Abbreviate
d Resettlement Action Plan
i
n case
land acquisition is unavoidable,
and comprises guidelines for land and asset acquisition,
entitlement and compensation, compliant with
the provisions of Afghanistan’s current Law on Land
Expropriation, enacted in 2009 and

Law on Managing Land Affairs 2008
, and in compliance with WB
Operational Policy 4.12 on Involuntary Resettlement
.

The ESMF comprises the following
detailed
attachments

providing procedures
to minimize any adverse
impacts on environment and community
:


(1
) Negative List of Subproject Attributes

(2) Guidelines for Land and Asset Acquisition, Entitlements and Compensation

(3)
Abbreviated Resettlement Action Plan


(4) Codes of Practice for Prevention and Mitigation of Environmental Impacts

(5) Procedures
for Land Mine Risk Management


(6) Environmental Guidelines for Contractors.

2


A designated Safeguards Officer with specific responsibility for overseeing the implementation of the
Environmental and Social Management Framework and Site specific Environmental

and Social
Management Plans
will be placed
within the Project Management Team of the central P
S
U.


T
he Safeguards Officer and relevant staff of JIs and implementing agencies/Consultants and contractor
will receive trainings in the application of the ESMF

and site specific ESMP
.


The Safeguards Officer, in collaboration with
PS
U

director, will be responsible for monitoring the
environment and social perfor
mance aspects supported by the
JSDP. During supervision of the project,
the World Bank will assess the

implementation of the Framework directly or through third party, and if
required, will recommend additional strengthening.

T
he project will establish an easily accessible system with different options for public
information/disclosure of information for
communities and relevant stakeholders to be aware of processes
to be followed to register complaints.


Prior to approval of the project by the World Bank,
this ESMF

will be disclosed by the Government in
Dari and Pashto, as well as English, and it will als
o be made available at the World Bank Infoshop.


Project Overview

The JSDP is a 5
-
year, ARTF funded operation. The estimated

cost of the project is US$ 85.
5 million

The project development objective (PDO) is to increase access to and use of legal services. The following
three key project outcome indicators will be used to track progress toward achieving the PDO: (a) scope
and quality of legal services increased; (b)
productivity of legal service providers improved; and (c)
accountability of legal service providers enhanced.
The
project development objectives will be achieved
by: (a) encouraging specialization and close collaboration among various service providers;
(b) aligning
structure, organization, processes and capacities of JI to contemporary needs of users; and (c) easing
access to legal information by legal professionals, JI and broader public. The project intends to benefit
the Afghan citizens and users of
the legal system, with specific groups targeted for additional assistance
including: the indigent population, women, the private sector (particularly in resource corridors) and
central JI and front
-
line justice service providers.

The project consists of fo
ur interrelated components: (a) Partnership for Justice; (b) Legal Empowerment;
(c) Organization and Capacity of Justice Institutions; and (d) Implementation Capacity.


Component 1: Partnership for Justice


The objective of this component is to increase the scope and quality of legal services (mainly, dispute
resolution, legal aid, deeds registrations, and legal information) in selected provinces and districts. The
ultimate objective of this component is to s
upport business environment and investment climate.
Therefore the project will concentrate on geographical areas with promising economic activities such as
Kabul, Herat, Bamyan and Logar, and legal services demanded by small and medium enterprises (mainly
land disputes and registrations) or by the communities impacted by major developmental projects.


The

project will finance technical assistance (TA) and investment to develop, test and possibly rollout a
model of collaboration among all local institutions

involved in the provision of legal services while
3


strengthening

capacity of local state institutions to deliver their legal service. The Hoqooqs, courts, legal
aid providers will be the main focus of the capacity building effort. The project activities
will include: (a)
assessing peoples demands for legal services (this task will be financed by the Component 3 b
Organization and Capacity of Justice Institutions
); (b) developing a new, more effective and responsive,
yet culturally acceptable model of deal
ing with disputes and problems; this system should be based on
shared record keeping, data exchange about cases, streamlined and more transparent processes and
predictable results supported by improved management information and, if feasible, task automati
on; (c)
building capacity of state institutions to respond local needs; and (d) promoting users’ involvement with
legal institutions through information centers and new practices (e.g. publishing court decisions). The
key beneficiaries of these reforms wi
ll be: the people of Afghanistan who will receive more and better
legal aid and will be better equipped to take advantage of legal systems;
and local service providers
who
s
e

capacity will be better aligned to peoples contemporary needs. At the end of the
project the
residents of these provinces and/or districts will have access to higher volume and better quality of legal
services; and they will be better informed about service providers and prepared to monitor their
performance. The legal service provider
s will work in environment which is more conducive to service
delivery (cleared division of responsibilities and jurisdiction; access to shared information; more
collaborative and transparent procedures, better working conditions, improved incentives).


Component 2: Legal Empowerment


This component has two subcomponents: (a)
Legal Aid
; and (b)
Legal Awareness
. Overall objective of
the

component is to increase people’s ability to participate in public (state) redress or dispute resolution
system.

a)

Legal

Aid

The component will continue the efforts of the JSRP (Phase 1) to strengthen and expand a state legal aid
system.
The

objective of this component is to enlarge the existing state legal aid while enhancing its
effectiveness, efficiency and sustainability. The objective will be achieved through: consolidating existing
legal aid sub
-
systems which are composed of two distinc
t models based on in house lawyers and
subcontracting an NGO (International Legal Foundation
-
Afghanistan); and (b) building the critical base
(policies, procedures and capacities augmented by TA and automation) for an effective, fiscally
sustainable, nati
onally coordinated state system of legal aid.


The project will finance TA and investment to the MoJ (Legal Aid and Hoqooq Department) and an
Independent Legal Advisory Board (ILAB) to: (a) expand legal aid offices; (b) develop and implement a
Legal Aid S
trategy, policies and regulations (for both criminal and civil legal aid); (c) design detailed
business plan for the consolidation of the state legal aid system; (d) strengthen management capacity of
the MoJ to plan, finance and manage legal aid with enhan
ced automation and information systems; (e)
develop and implement models of cooperation with enforcement agencies; and (f) test and roll our low
cost culturally friendly ways of delivery legal aid. The key beneficiaries of these reforms will be the
people
of Afghanistan who at the end of the project will receive more and better legal aid. The MoJ,
ILAB and legal aid providers will also benefit from this component. The MoJ together with the ILAB
board will have stronger capacity to plan, finance and manage

legal aid, and legal aid providers will work
in better working conditions (better offices, procedures, management and incentives) and hence will
provide higher volume and better advice and representation. The sustainability of the system based on in
house

lawyers will be pursued through the creation of a legal aid professional cadre, included in the
tashkeel under the MoJ’s proposed Capacity Building for Results Program (CBRP), which MoJ aims to
undertake by 2016
, but alternatives will also be explored
.


b) Legal Awareness



4


The Component

seeks to help the Afghan people: (a) to acquire and incorporate legal knowledge into
their choices and interactions with the Government and private actors; (b) to improve their ability to
monitor and influence legal serv
ice providers; and (c) to secure their support for the proposed reforms.
This will be achieved through strengthening capacities of the MoJ, SC and AGO to plan, finance and
manage legal awareness activities and through implementation of specific legal aware
ness activities. The
project will finance TA to the SC and AGO to strengthen their capacity to manage their relationship with
the public and to develop and implement legal awareness programs. The project will also support a Legal
Outreach Office of the MoJ
, the
GoA’s

focal point for civil legal education and awareness. This support
will include mainly: the replication, dissemination and broadcasting of print
-
media materials and
broadcast media materials and radio such as TV shows developed under the JSRP;
development and
dissemination of new materials and shows; and support for up to ten provincial awareness units. The key
beneficiaries of this project will be the people of Afghanistan, who at the end of the project will have
easier access to information a
bout their rights and obligations, and a greater ability to defend their rights
and apply legal remedies. The JI will benefit from the project by building a stronger system for state
organized legal awareness activities.


Component 3: Organization and Ca
pacity of Justice Institutions


The objective of this component is to improve the capacity of the state JI to manage and deliver legal
services. The
Component

has two subcomponents: (a) Effective Organizational Design; (b) Strengthening
Capacity of State Justice Institutions.


a)

Effective Organizational Design

The Effective Organizational Design subcomponent

aims to determine and encourage the sector’s
structura
l reforms. These reforms will help establish the balance between development of services,
delivery of those services, and the fiscal sustainability of delivery over the short, medium and long term.
This objective will be achieved through policies which wil
l: adjust courts’ and prosecutorial offices’
functions, jurisdictions, size and territorial organization to current needs;
incorporate

the independence
and accountability safeguards into the organizational design, operations and processes of courts and
off
ices of public prosecution; and streamline procedural designs. The project will finance TA related to
analytical work, periodic surveys (in the first, third and final year of the project) of users, consultations
with stakeholders, and policy and law devel
opment. The component will focus on courts and public
prosecutorial offices. If successful, this component will improve the organization of the legal sector and,
by making it more open and evidence based, it will improve the sector’s policy and regulator
y processes.
The key beneficiaries of the reforms will be courts and offices of prosecutors who, by the end of the
project, will have road maps for the reforms which will lead to more affordable, sustainable and effective
institutions. Over time, the peop
le will benefit from these institutions as they become better organized,
hence more capable of delivering improve
d legal services.


In the MoJ the subcomponent will support developing a Strategic Plan. Since a valid strategic plan is also
a pre
-
requisite

for participation in Tier 2 of CBR, this will also contribute to accessing CBR support. The
Strategic Plan will clarify the mandate and vision of the MoJ, and establish the strategy for achieving its
goals over the next 5 years.



(b) Strengthening Capacity of Justice Institutions


This subcomponent seeks to improve the capacity of the state JI to plan, finance, and manage their
resources in order to deliver better justice services. The subcomponent is divided into the following
cl
usters of activities for the three JI: (a) Human Capital; (b) Case Management (c) Physical Infrastructure.



Human Capital
aims to further strengthen human capacity in the JI. This component will: (a)
finance TA for the completion of Pay and Grading reforms

in SC and AGO, (b) assist with
5


preparation and implementation of human resource (HR) strategy for prosecutors and judges, (c)
finance critical HR reforms including process and information management and performance
management for all three JI, (d) finance

complimentary support to the HR department in MoJ to
ensure it has adequate capacity to implement the reforms and recruitments required by CBR
participation. This subcomponent will also support the development of legal libraries, training
courses and prog
rams, and professional gatherings of judges, prosecutors, and their support staff.
The key beneficiaries of the activities to be implemented under this subcomponent will be
employees of JI who will, by the end of the project, benefit from merit based hirin
g; more
predictable career opportunities; possession of stronger professional backgrounds, and transparent
and competent HR services. The eventual beneficiaries of this component will be the users of the
legal system who will receive services of better qu
ality.



Case Management
will finance the development of an automated court case management system
for the SC. The system will be also piloted in the primary and appellate courts in Kabul under
Component 1
Partnership for Justice
. This activity will build o
n the case filing reforms
implemented nationwide by the SC with the support of USAID.



Physical Infrastructure Activities

seek to strengthen JI’s infrastructure management capacity and
enhance the physical infrastructure used to deliver services. This wil
l be achieved through hiring
additional staff; improving the skills of professionals (mainly skills related to planning, financing
and managing construction projects and facilities) ; developing a Capital Investment Plan (CIP)
and additional infrastructur
e Design Standards (DS) for the MoJ and AGO offices; and
constructing district and provincial courts and offices. Equipment, implementation services, and
technical and user staff development will be included to improve information management
systems in the

JI. JI and their employees will be the beneficiaries of these activities. The people
of Afghanistan will also benefit from buildings which are, by their design, more conducive to the
better performance of JI.



Component 4: Implement
ation Capacity


The
objective of this component is to further strengthen implementation capacity within the JI so that they
will, in time, be able to implement reforms and other activities without significant additional assistance.
The immediate objective of this component is

to facilitate implementation of the project. Under this
component, the GoA will establish and operate the project management infrastructure which will be
responsible for the management of the

Project
.
The management functions will be shared among: a
Proje
ct Oversight Committee (POC), a Project Support Unit (PSU), a project unit (PU) in each of the
implementing agencies; a Provincial and District Project Oversight Committee (PPOC, DPOC); and a
Provincial Project Support Unit (PPSU)


Environmental and Socia
l Management Framework

The JSD project will undertake a number of construction, rehabilitation and renovation activities over the
5 year period. Since the detailed designs of the multiple maintenance and construction activities will be
developed only at
the beginning of the project implementation period, a framework approach has been
adopted for safeguards management. The Environmental and Social Management Framework (ESMF)
provides general policies procedures for the management of environmental and socia
l issues at each site
and as such constitutes a

set of guidelines for the development of site
-
specific Environmental and Social
Management Plans (ESMP). The JSDP maintenance, rehabilitation and construction work does not
anticipate significant and irrevers
ible adverse impacts on the environment or community. The identified
potential adverse impacts are localized in spatial extent and short in duration, and are manageable by
implementing mitigation measures that will be detailed in

site specific

the Environm
ental and Social
6


Management Plan (ESMP). The project is categorized as environmental
category B

in accordance with
World Bank
operational policy (OP) 4.01 (Environmental Assessment).

General Principles

Recognizing the emergency nature of the proposed relie
f and reconstruction operations, and the related
need for providing immediate assistance, while at the same time ensuring due diligence in managing
potential environmental and social risks, this Framework is based on the following principles:

The project w
ill support multiple maintenance and construction activities, the detailed designs of which
may not be known at appraisal. To ensure the effective application of the World Bank’s safeguard
policies, the Framework provides guidance on the approach to be ta
ken during implementation for the
selection and design of subprojects, and the planning of mitigation measures;



All proposed subprojects will be screened to ensure that the environmental and social risks can be
adequately addressed through the application
of standardized guidelines;



Employment opportunities within the projects will be available on an equal basis to all, on the
basis of professional competence, irrespective of gender, or local

minorities.



Consultation and disclosure requirements will be simp
lified to meet the special needs of these
operations. Prior to approval by the
ARTF

Board, this Environmental and Social Management
Framework will be disclosed in Afghanistan in Dari and Pashto, and in the World Bank Infoshop.

Purpose of the Environmenta
l and Social Management Framework

Social and environmental management in Afghanistan currently suffers from critical capacity constraints.
Since there is potential for adverse environmental impacts, albeit limited, from the

proposed activities
under the
JS
DP, their mitigation and management is key to effective rehabilitation and development
within the justice sector. Hence, keeping in view the existing management capacity, as well as the
flexibility required with investments still to be finalized, a framewo
rk approach is adopted for JSDP. It
allows for early identification of potential adverse impacts, without the requirement of rigorous analysis
through quantification, and also provides general policies and broad guidance for their effective
mitigation, al
ong with codes of practice and procedures to be integrated into project implementation.
Consistent with existing national legislation, the objective of the Framework is to help ensure that
activities under the proposed reconstruction operations will:



Prote
ct human health;



Prevent or compensate any loss of livelihood;



Prevent environmental degradation as a result of either individual subprojects or their cumulative
effects;



Enhance positive environmental and social outcomes; and,



Ensure compliance with Wo
rld Bank safeguard policies.


Safeguard Screening and Mitigation

The selection, design, contracting, monitoring and evaluation of subprojects will be consistent with the
following guidelines, codes of practice and requirements:

7




A negative list of character
istics that would make a proposed subproject ineligible for support, as
indicated in ESMF Attachment 1;



Guidelines for land and asset acquisition, entitlements and compensation, presented in ESMF
Attachment 2 along with guidelines for Abbreviated Resettlem
ent Framework (
Attachment 3)
;



Relevant elements of the codes of practice for the mitigation of potential environmental and
social impacts, presented in ESMF Attachment 4;



The requirement that confirmation is received through the Regional Mine Action Cente
r that
areas to be accessed during reconstruction and rehabilitation activities have been demined (see
Guidelines in ESMF Attachment 5).



Environmental Guidelines for Contractors are presented in this document (see ESMF Attachment
6)



The ESMF stipulates
that contractors hired in the project should:



Minimize negative impacts on local communities and the environment

during construction
.



Ensure appropriate restoration of areas affected by construction.



Prevent any long term environmental degradation and deal

adequately with environmental, social,
health and safety issues during rehabilitation works.


Contractors must declare themselves conversant of all relevant national environmental and social
legislation and Bank regulations
-

as well as of their environmen
tal and social obligations as stipulated in
the ESMF. Further, the contractor shall ensure compliance with the World Bank/IFC’s General
Environmental, Health and Safety Guidelines as applicable to mitigate construction related impacts. The
Project Manageme
nt team of central PMU, through the designated Safeguards Officer, will monitor
implementation of the ESMPs prepared for each site in accordance with the guidelines set out in the
ESMF.


Potential Impacts of Various Components

Activities under the project

should not entail significant environmental and social impacts, provided they
are designed and implemented with due consideration of environmental and social issues.
Component 3b,
Strengthening Capacity of State Justice Institutions will finance the maint
enance and construction of
courts and offices facilities.
Construction activities may cause limited, temporary, and localized negative
impacts due to
depletion or degradation of natural resources such as stone, earth, water etc. used for
Justice Institutio
n (
JI
)

construction if proper environmental management is not carried out at design,
construction and operation stages. This
will

be mitigated through the implementation of an appropriate
site specific
Social and Environmental Management Plan (ESMP), inclu
ding environmental checklist to
monitor and plan the work. Capacity building of concerned departments of JIs, including physical and
institutional management, is likely to have a positive impact on social and physical environment.

Additionally,
water harve
sting, energy efficient lighting and air
ventilation facilities
may
be considered
during design stage for new buildings as well as rehabilitation of existing buildings.

OP/BP 4.01 is triggered because of JI rehabilitation and construction activities. The project will apply the
Environmental and Social Management Framework (ESMF) developed for the project. The ESMF
8


provides guidance on the approach to be taken during imple
mentation for the selection and design of
subprojects/proposed investments and the planning of mitigation measures, guidelines and codes of
practice for an environmental
and social
mitigation measures to be incorporated in the design, contracting
and monit
oring of sub
-
projects. Guidelines for consultation and disclosure requirements are also included,
to ensure due diligence and facilitate consistent treatment of environmental and social issues by all
participating development partners.

The adverse social
impacts, as anticipated at appraisal, would largely result from land which may be
required in connection with the construction activities and OP 4.12 on involuntary resettlement is
therefore triggered.

Wherever possible, the project will utilize land that

is already public property, and
avoid

or minimize
land acquisition.

However, documentation is required that the land is free of
encroachments, squatters or other encumbrances, and that the land has been transferred to the relevant
authorities
.

In the rare

cases that
land acquisition is unavoidable
, it will be undertaken in accordance with
the provisions of Afghanistan’s current Law on Land Expropriation, enacted in 200
9

and Law on
Managing Land Affairs 2008

and according to WB
OP/BP 4.12 on Involuntary Res
ettlement.

Guidelines
for Land and Asset Acquisition, Entitlements, and Compensation
are attached
(Attachment 2)

as well as a
framework for Abbreviated Resettlement Action Plan

(Attachment 3)
.

In case of c
hance finds of
cultural property

(archaeological ar
tifacts) during implementation of sub
-
projects involving civil works
, these will
be handled according to provisions in the “Law on Preservation
of Afghanistan's Historical and Cultural Heritage (2004)” and be reported to the provincial or district
governor
s, who then will inform the Archaeological Committee.

Compliance with the safeguard provisions and the negative list will be ensured through an environmental,
social and risk screening procedure (check lists) required for sub
-
project proposals, and by inte
rnal input,
process, and output monitoring, independent external monitoring by consultants, and by Bank supervision
missions.

Institutional Arrangement and
Responsibilities for Safeguard Screening and Mitigation

The overall responsibility of project implementation rests with the Supreme Court, Ministry of Justice and
Attorney General’s Office. A designated Safeguards Officer will be identified with
specific
responsibility
for overseeing the implementation of the E
nvironment
al

and Social
Management

Framework
,

Site
specific Environmental and Social
Management Plan
s

and

Abbreviated Resettlement Plan (if any)

within
the Project Management Team of the central
PS
U
.
Preparation of site specific ESMPs and abbreviated
rese
ttlement plan will be the responsibility of site engineers in close collaboration
with

project
management team.

Monitoring of ESMF Implementation

The Safeguards Officer, in collaboration with
PSU

director, will be responsible for monitoring the
environment and social performance aspects supported by the JSDP. The Safeguards Officer will
undertake random visits to monitor construction activities and will provide technical advice to site
engineers o
n social and environment issues if needed. The Safeguard Officer will collaborate closely with
the World Bank Safeguards team and will share quarterly progress report on safeguards issues in the
Project.


The cost of implementing and monitoring the ESMF is

included in the overall budget of the Afghanistan
Justice Service Delivery Project. It includes, in particular, a Safeguards Officer in the AJSDP team and
the implementation of capacity building activities.


9




Capacity Building

T
he Safeguards Officer and relevant staff of JIs and implementing agencies/Consultants and contractor
will undergo
trainings in the application of the ESMF. During supervision of the project, the World Bank
will assess the implementation of the Framework di
rectly or through third party, and if required, will
recommend additional strengthening.


Capacity
building
activities

Number

Details

Required
budget

Training sessions
to AJSDP staff

3

Training sessions to staff on ESMF
implementation (organized by
Safeguards
Officer)

US$3000

Training sessions
to contractors

TDB

Training sessions on site specific ESMP
implementation

TBD


Public Complaints

and Grievance Redress

All p
ublic complaints will be
addressed
, documented and investigated
.

All complaints and grievances
should first be negotiated to reach an agreement at the local community/village level.
Resolving
complaints will
at first
be entrusted to the Safeguards Officer, in consultation with the PCU Director and
relevant agencies rep
resentatives. Public complaints which cannot be resolved at the project level will be
directed to
a provincial committee composed of
relevant local governmental agencies
and relevant local
CSO representatives
for necessary action.
T
he project will establis
h a
n easily accessible

system

for
submission of complaints/grievances, with multiple intake options (verbal/written/electronic submission)
and analysis and monitoring of grievance resolution. The project will also establish
different options

for
public inf
ormation/disclosure of information for communities
and relevant stakeholders
to be aware of
processes to be followed to register complaints.


Consultation and Disclosure

This Environmental and Social
Management

Framework was developed for the project on the basis of an
overall Framework for World Bank
-
funded reconstruction operations which was prepared in consultation
with the
principal NGOs and development partners

participating in reconstruction activities in
Afghanistan. Prior to approval of the project by the World Bank, it will be disclosed by the Government
in
Dari

and Pashto, as well as English, and it will also be made available at the World Bank Infoshop.
When sub
-
projects are identified, information w
ill be disclosed by provincial Justice Department.

10


Attachment 1



Negative List of Subproject Attributes


Subprojects with any of the attributes listed below will be ineligible for support under the proposed
emergency reconstruction operations.

Attributes of Ineligible Subprojects


GENERAL CHARACTERISTICS

Involves the significant conversion or degradation of critical natural habitats. Including, but not
limited to, any activity within:




Ab
-
i
-
Estada Waterfowl Sanctuary;



Ajar Valley (Proposed)
Wildlife Reserve;



Dashte
-
Nawar Waterfowl Sanctuary;



Pamir
-
Buzurg (Proposed) Wildlife Sanctuary;



Bande Amir National Park;



Kole Hashmat Khan (Proposed) Waterfowl Sanctuary.


Will significantly damage non
-
replicable cultural property, including but not limi
ted to any activities
that affect the following sites:




monuments of Herat (including the Friday Mosque, ceramic tile workshop, Musallah complex,
Fifth Minaret, Gawhar Shah mausoleum, mausoleum of Ali Sher Navaii, and the Shah
Zadehah mausoleum complex);



monuments of Bamiyan Valley (including Fuladi, Kakrak, Shar
-
i Ghulghular and Shahr
-
i
Zuhak);



archaeological site of Ai Khanum;



site and monuments of Ghazni;



minaret of Jam;



mosque of Haji Piyada/Nu Gunbad, Balkh province;



stupa and monastry of Guldarra;



site and monuments of Lashkar
-
i Bazar, Bost;



archaeological site of Surkh Kotal.


Requires involuntary acquisition of land or any resettlement of people

affecting more than 200
persons
.

Involves the use of unsustainably harvested timber or fuelwood.

Involves the use of hazardous substances.


11


Attachment 2

Guidelines for Land and Asset Acquisition, Entitlements and Compensation

I. Objectives

2.

Land acquisition will be permitted only in exceptional circumstances and proposals that would
require demolishi
ng houses or acquiring land should be carefully reviewed to minimize or avoid their
impacts through alternative alignments. Proposals that require more than minor expansion along rights of
way should be reviewed carefully. No land or asset acquisition ma
y take place outside of these
guidelines.
Guidelines for
Abbreviated Resettlement Framework is attached as Attachment
3
, followed by

format for Land Acquisition Assessment is attached as Attachment 2(i
i
).


3.

These guidelines provide principles and instructio
ns to compensate affected persons to ensure that all
such persons negatively affected, regardless of their land tenure status, will be assisted to improve, or at
least to restore, their living standards, income earning or production capacity to pre
-
project

levels.

4.

II. Eligibility

5.

PAPs are identified as persons whose livelihood, land, structures or other assets are directly or
indirectly affected by the project. PAPs deemed eligible for compensation are:

6.

those who have formal legal rights to land, water
resources or structures/buildings, including
recognized customary and traditional rights;

7.

those who do not have such formal legal rights but have a claim to usufruct right rooted in customary
law;

8.

those whose claim to land and water resources or building/s
tructures do not fall within (1) and (2)
above, are eligible to assistance to restore their livelihood.

Acquisition of Productive Assets

9.

Land acquisition may take place through the following methods:

10.

Contributions against compensation
. A contributor/as
set loser considered "affected" will be eligible
for compensation from the Government. A PAP shall lodge his/her claim for compensation to the local
community representatives/shura head and it shall be verified by the implementing agency. The claim
shall

be lodged within 2 weeks of completion of the consultations with the concerned community, and
before project implementation begins.

11.

Sales transaction.
An asset owner will sell the asset on the basis of prevailing market prices

and all
transaction process
should go through
registration process with the
court procedures or Afghanistan Land
Authority local office
.

12.

The proceedings for
acquisition
should be documented. The documentation should specify that the
land is free of any squatters, encroachers or othe
r claims. A format is attached in Attachment 2(i
i
), which
includes a Schedule to
be followed to assess any compensation claimed and the agreement reached.

III. Compensation Principles

12


13.

The project implementing agencies shall ensure that any of the followi
ng means of compensation are
provided in a timely manner to affected persons:

14.

(1)

Project affected persons losing access to a portion of their land or other productive assets with the
remaining assets being economically viable are entitled to compensation
at replacement cost for that
portion of land or assets lost to them. Compensation for the lost assets will be according to following
principles:

a.

replacement land with an equally productive plot, cash or other equivalent productive assets;

b.

materials a
nd assistance to fully replace solid structures that will be demolished;

c.

replacement of damaged or lost crops and trees, at market value;

d.

other acceptable in
-
kind compensation;

e.

in case of cash compensation, the delivery of compensation should be m
ade in public, i.e. at the
Community Meeting

or through transfer directly to the PAP’s bank account
.

15.

Project affected persons losing access to a portion of their land or other economic assets rendering the
remainder economically non
-
viable, will have the o
ptions of compensation for the entire asset by
provision of alternative land, cash or equivalent productive asset, according to the principles in (1) a
-
d
above

16.

A copy of the Contribution of Asset Document or Compensation of Asset Requisition should be
pass
ed on to the Provincial/District Judge who will certify the transaction and keep a record hereof.

Consultation Process


The implementing agencies will ensure that all occupants of land and owners of assets located in a
proposed subproject area are consulted. There will be gender
-
separate community meetings for each
affected
mantaqa/gozar
(urban infrastructure) or village (
other projects) to inform the local population
about their rights to compensation and options available in accordance with these Guidelines. The
Minutes of the community meetings shall reflect the discussions held, agreements reached, and include
details
of the agreement, based on the format provided in Attachment 2(ii).


The implementing agency shall provide a copy of the Minutes to affected persons and confirm in
discussions with each of them their requests and preferences for compensation, agreements re
ached, and
any eventual complaint. Copies will be recorded in the posted project documentation and be available for
inspection during supervision.


Subproject Approval


In the event that a subproject involves acquisition
of land
the implementing agency
shall:


a.

not approve the subproject unless a satisfactory compensation has been agreed
with the
affected person
s


b.

not allow works to start until the compensation has been delivered in a satisfactory manner to
the affected persons;



13



Complaints and Grievanc
es


All complaints should first be negotiated to reach an agreement at the local community/village level. If
this fa
i
ls, complaints and grievances about these Guidelines, implementation of the agreements recorded
in the Community Meeting Minutes or any al
leged irregularity in carrying out the project can also be
addressed by the affected persons or their representative at the municipal or district level. If this also fails,
the complaint may be submitted to the relevant implementing agency for a decision.


Verification


The Community Meeting Minutes, including agreements of compensation and evidence of compensation
having been made shall be provided to the Municipality/district, to the supervising engineers, who will
maintain a record hereof, and to auditor
s and socio
-
economic monitors when they undertake reviews and
post
-
project assessment. This process shall be specified in all relevant project documents, including
details of the relevant authority for complaints at municipal/district or implementing agen
cy level.



14


Attachment 2(i)


Land Acquisition Assessment Data Sheet


(To be used to record information on all land to be acquired)


1.



Quantities of land/structures/other assets required:


1.

Date to be acquired:


2.

Sketch of project land plot, identifying:


Location and
area of each
individual
piece of
land/structure
involved:

Category of
land (private/
communal/
government
etc) and
Owner(s)*

Current uses

Users

Multiple
claimants/users

Yes/No

Method of
acquisition**


(a)






(b)






(c)






* Provide

documentary proof, where available.

** Donation/Acquisition against Compensation/Purchase. This should be determined following
consultations with PAPs


In case of Multiple customary claimants/users, specify for each individual piece of land involved:




Nu
mber of Customary claimants:



Number of Squatters:



Number of Encroacher:



Number of Owners:



Number of Tenants:



Others (specify):


Number:



4. Transfer of title:




Ensure these lands/structures/other assets free of claims or encumbrances.



Written proof must be obtained (notarized or witnessed statements) of the voluntary donation, or
acceptance of the prices paid, from those affected, together with proof of title being vested in the
community, or guarantee of public access, by the title
-
hol
der.


5. Describe grievance mechanisms available:



15




Format to Document Contribution of Assets


The following agreement has been made on............................ day of...................……….

between...............................................res
ident of ............................................(the Owner)

and ……………………………………………….(the Recipient).


1. That the Owner holds the transferable right of ........................…………………jerib of
land/structure/asset in.........…………………………………………………………………


2. That the Owner testifies that the land/structure is free of squatters or encroachers and not subject to
other claims.


3. That the Owner hereby grants to the Recipient this asset for the construction and development of
................................fo
r the benefit of the villagers and the public at large.


4. That the Owner will receive compensation against the grant of this asset as per the attached Schedule.


5. That the Recipient agrees to accept this grant of asset for the purposes mentioned.


6. T
hat the Recipient shall construct and develop the……………………and take all possible precautions
to avoid damage to adjacent land/structure/other assets.


7. That both the parties agree that the………………………so constructed/developed shall be public
premises.


8. That

the provisions of this agreement will come into force from the date of signing of this deed.



____________________________


_____________________________________

Signature of the Owner:





Signature of the Recipient:


Witnesses:







1.______________________________



2.______________________________



(Signature, name and address)



______________________________________

(Attestation by District/Province Judge, Date)

16


Schedule of

Compensation of Asset Requisition



Summary of




Units to be Compensated


Agreed Compensation

affected unit/item


a. Urban/agricultural


land (jerib):



_____________________


___________________


b. Houses/structures to be


demolished

(units/jerib):

_____________________


___________________


c. Type of structure to be


demolished (e.g. mud,


brick, etc.)



_____________________


Not Applicable.


d. Trees or crops affected


(units/jerib):



_____________________


_________
__________


e. Water sources affected:

_____________________


___________________



Signature of PAP signifying his/her agreement:



Signatures of local community representatives, shura head:



Include record of any complaints raised by affected persons:



Map attached (showing affected areas and replacement areas):








_______________________________________

(Attestation by District/Province Judge, Date)








17


Attachment 3



Abbreviated Resettlement Plan
,

In compliance of the Bank’s Operational Policy 4.12, in case of less than 200 Project Affected People
(PAPs), the following abbreviated Resettlement
Plan

shall be followed in order to restore housing and
issue economic compensation for loss of land and liv
elihood through a consultative and mutually
agreeable process.

Principles

o

all land should be surveyed and mapped and agreement reached with government on explicit
eligibility cut
-
off date.

o

where land is disputed or land ownership is not clear, the land wi
ll be surveyed and a map hereof
issued to the affected families. In case of land disputes, attempts should be made to settle disputes
prior to project start.

o

customary and collective rights, e.g. to grazing land and commons, should be verified and
document
ed through community
-
level consultations and local authorities. Customary and collective
rights are also subject to compensation.

o

compensation for land, housing and assets are based on principles of replacement cost and mutually
agreeable solutions based o
n consultative approach with PAPs.

o

where affected land provide income, the equivalent to the value of the crop lost will be given in
compensation, based on the value of the harvests lost until the replacement crop (e.g. fruit tress)
come into full product
ion.

o

if land forms basis for other income, the value of the income hereof will be subject to third party
assessment

o

if PAPs are squatters/informal settlers on the land, they will receive economic/material
compensation to re
-
establish themselves elsewhere
(e.g. on government land) without suffering
damage to their livelihood or living standard.

Process

1. Survey of land and assets & census of Project Affected Peoples, including squatters and informal
settlers:



the surveyed land and assets should be identif
ied, marked and photographed, and by the defined
eligibility cut
-
off date the areas should be secured against encroachers.



the Project Affected People should be identified and registered with full data and photographs



a compensation package should be deve
loped (categories of impacts and appropriate entitlements
to formal and informal settlers landholders and squatters), and



initial consultations should be conducted to identify any salient issues or concerns impacting on
affected people. Gender separate co
nsultations should be conducted in order to properly ascertain
the views of the women.

2. Calculation of individual entitlements. There should be continued consultations with the affected
people regarding the project, land acquisition and compensation pack
age in order to reach mutually
agreeable solution to land/asset acquisition and/or shifting of house. In case any PAP refuses to shift, an
abbreviated Resettlement Plan, compliant to OP 4.12, should be developed.

3. The compensation package and abbreviated

Resettlement Plan should be submitted to the Bank for
approval, using the formats included in the Safeguards Framework (Attachment 3 (ii
-
iv)

4. The acquisition process is only completed with the actual payment of compensation to Project Affected
People an
d settlement of any grievances they may hold.


5. The final step in the acquisition process is the official transfer of the relevant title deeds.




18


Attachment 4


Codes of Practice for Prevention and Mitigation of Environmental Impacts


Potential Impacts

Prevention and Mitigation Measures



Buildings

Rehabilitation and/or construction of Justice Institutions buildings.

Deforestation caused by:

unsustainable use of timber.

wood
-
firing of bricks.

Replace timber beams with concrete where structurally
possible.

Ensure fired bricks are not wood
-
fired.

Where technically and economically feasible, substitute
fired bricks with alternatives, such as sun
-
dried mud
bricks, compressed earth bricks, or ramme
d earth
construction.



19


Potential Impacts

Prevention and Mitigation Measures



Injury and death from earthquake:



Injury and death from flood;





Injury and death from landslides or
heavy erosion;





Injury and death from fire;

Apply low
-
cost aseismic

structural designs. Seismically active or
volcanic zones should be avoided if possible. If these sites must be
used, then seismically resistant construction should be used in all
construction activities, and early warning systems established.


Flood
-
vuln
erable sites should be avoided. When such sites must be
used, then provisions for raising ground level under structures,
drainage and protective dikes are necessary.

Such interventions may need to be removed during
decommissioning. A local flood warning sy
stem should be
established.


Appropriate drainage systems will be needed during the periods of
heavy rain. Provisions for safe latrine use during the rainy season
will be needed as part of the management plans.


Landslide and erosion prone sites should be
avoided. If not
possible, natural vegetation should be maintained in the landslide
-
vulnerable slopes and throughout the site, the site should be
terraced to limit runoff, and structures should not built on
landslide
-
prone slopes. A local landslide warning
system should
be established.


Incorporate fire safety into management plan including means of
warning and escape, internal fire spread, external fire spread, and
access and facilities for the fire service.

Disease caused by inadequate
provision of water

and sanitation:

Ensure designs include adequate sanitary latrines and access to
safe water.

A site should not be selected until a sustainable source of potable
water is available.

20


Potential Impacts

Prevention and Mitigation Measures



Injury and death from toxic
materials on sites

Verify that there are no t
oxic materials present in the soil or
ground water.

Verify that there are no environmentally hazardous sites (e.g.
septic systems) are located where a building will be constructed.

Avoid sites with a risk or air or water pollution from industrial or
comm
ercial activities.

Sites should not be located within 50 meters of main roads. If such
locations cannot be avoided, then site area nearest the road should
be allocated to less frequently activities where possible and
barriers should be placed along the ro
ad side of the site to reduce
pollution and the chance of accident.

Water Supply for Justice Institutions

Repair and rehabilitation of existing piped water schemes.

New or expanded piped water schemes to serve justice institutions.

Installation or
rehabilitation of tube wells or dug wells.

21


Potential Impacts

Prevention and Mitigation Measures



Disease caused by poor water
quality:

contamination by seepage from
latrines, municipal waste or
agricultural areas.

high mineral concentrations.

creation of stagnant pools of water.

Develop a drainage plan for t
he site which incorporates
natural drainage and drainage infrastructure.

Priorities leak detection and repair of pipe networks.

Chemical and bacteriological testing of water quality from
adjacent comparable sources prior to installation of new
sources.

Re
design to prevent contamination if adjacent comparable
sources are found to be contaminated.

Subsequent monitoring of installed or rehabilitated
sources.

Appropriate location, apron and drainage around tube
wells and dug wells to prevent formation of stagn
ant
pools.

Provision of cover and hand
-
pump to prevent
contamination of dug wells.

Where pit latrines are used they should be located more
than 10m from any water source. The base should be
sealed and separated by at least 2m of sand or loamy soil
from the

groundwater table.

Where nightsoil latrines or septic tanks are built they
should be sealed. Outflows should drain either to a
soakaway located at least 10m from any water source or
be connected to a working drain.



Depletion of water source:

over
-
exp
loitation of aquifers.

hazard of land subsidence.

Urban interventions and abstraction limits to be planned in
the context of groundwater investigations.

Local water use planning (community and technical
consultation).



Sanitation for Justice
Institutions

Latrines.

22


Potential Impacts

Prevention and Mitigation Measures



Contamination of water supplies:

contamination of groundwater
because of seepage.


contamination of surface waters due
to flooding or over
-
flowing.

Develop a waste water and solid waste management plan.

Where pit latrines are used
they should be located more
than 10m from any water source. The base should be
sealed and separated vertically by not less than 2m of sand
or loamy soil from the ground water table.

Where nightsoil latrines or septic tanks are built they
should be sealed.

Outflows should drain either to a
soakaway located at least 10m from any water source or
be connected to a working drain.

Maintenance training to be delivered along with new
latrines.

Disease caused by poor handling
practices of nightsoil.

Training and health education to be provided to nightsoil
handlers where affected by interventions.

Protective clothing and appropriate containers for
nightsoil transportation to be provided.

Disease caused by inadequate
excreta disposal or inappropriate
use of latrines.

Nightsoil should be handled using protective clothing to
prevent any contamination of workers skin or clothes.

Where night
-
soil is collected for agricultural use it should
be stored for a sufficient period to destroy pathogens
through comp
osting. At the minimum it should be stored
in direct sunlight and turned regularly for a period of at
least 6 weeks.

Septic tanks should not be constructed nor septic waste
collected unless primary and secondary treatment and safe
disposal is available.

Health and hygiene education to be provided for all users
of latrines.

Awareness campaign to maintain sanitary conditions.


23


Attachment 5


Procedures for Land Mine Risk Management



Background


1.

The following procedures are designed to respond to the risks

caused by the presence of mines in
Afghanistan, in the context of:




Community rehabilitation/construction works

to be identified and implemented by the
communities themselves (for small projects of up to $100,000 each);



Small and medium
-
size works

to be identified by local authorities and implemented by local
contractors (for projects up to $5m each);



Works to be implemented directly by Government departments/agencies
, without use of
contractors;



Large works

to be implemented by contractors (for pr
ojects above $5m);


2.

General comment applying to all following procedures: All risk assessment and clearance tasks shall
be implemented in coordination with the Mine Action Center for Afghanistan (MACA). These
procedures may need to be amended in the futu
re depending on evolving circumstances.



Procedure for Community
-
Managed Works



Applicability:

This procedure applies to community rehabilitation / construction works to be
identified and implemented by the communities themselves (for small projects of u
p to $100,000
each).


Overall approach:

The communities should be responsible for making sure that the projects they
propose are not in mine
-
contaminated areas, or have been cleared by MACA (or a mine action
organization accredited by MACA).


Rationale:

Communities are best placed to know about mined areas in their vicinity, and have a
strong incentive to report them accurately as they will carry out the works themselves.


3.

Communities are required to submit a reply to a questionnaire regarding the suspect
ed presence of
mines in the area where Bank
-
funded community
-
managed projects will be implemented. This
questionnaire should be formally endorsed by the Mine Action Program for Afghanistan (MAPA). It will
be a mandatory attachment to the project submissi
on by the communities and should be signed by
community representatives and the external project facilitator. External project facilitators will receive
training from MAPA. Financing agreements with the communities should make clear that communities
are
solely liable in case of a mine
-
related accident.


4.

If the community certifies that there is no
known

mine contamination in the area, the ministry
responsible for the selection of projects should check with MACA whether any different observation is
reported

on MACA’s data base.


24




If MACA’s information is the same, the project can go ahead for selection. The
community takes the full responsibility for the assessment, and external organizations
cannot be made liable in case of an accident.



If MACA’s
information is different, the project should not go ahead for selection as long
as MACA’s and community’s statements have not been reconciled.



5.

If the community suspects mine contamination in the area.




If the community has included an assessment/clearanc
e task in the project agreed to be
implemented by MACA (or by a mine action organization accredited by MACA), the
project can go ahead for selection.



If the community has not included an assessment / clearance task in the project, the
project should not g
o ahead for selection as long as this has not been corrected.



Mine clearance tasks must be implemented by MACA or by a mine action organization
accredited by MACA. Communities will be penalized (subsequent funding by World
-
Bank funded projects shall be re
duced or cancelled) if they elect to clear mines on their
own.



Procedure for Small and Medium
-
size Works Contracted Out


Applicability:

This procedure applies to small
-

and medium
-
size works to be identified by local
authorities and implemented by local
contractors (for projects up to $5m each).


Overall approach:

MACA (or a mine action organization accredited by MACA) should provide
detailed information on the mine
-
related risks (either based on previously done and updated
general survey or on a new gene
ral survey) before projects are considered for selection. Only
project sites assessed to have a nil
-
to
-
low risk would be eligible for selection, unless they have
been demined by MACA or by a mine action organization accredited by MACA.


Rationale:

Neithe
r local authorities nor local contractors have the capacity to assess the mine
-
related risks in a systematic way, while they may have incentives to underestimate them.


6.

Prior to putting up a project for selection, a general survey should be carried out by MACA (or a mine
action organization accredited by MACA) to assess mine
-
related risks in the area of the project (this
should include checking information available in th
e MACA data base).


17.

If MACA provides information suggesting a nil
-
to
-
low risk in the proposed project area, the project
can go ahead for selection.


7.

The contract between the responsible ministry and the contractor will include a clause stating that in
case of an accident, legal liability would be fully and solely borne by the contractor.


8.

If MACA assesses a potentially high risk in the area (whether due to the presence of mines or
uncertainty.




If the project includes an assessment/clearance task agr
eed to be implemented by MACA (or
by a mine action organization accredited by MACA), it can go ahead for selection based on
25


agreed funding modalities (clearance may be funded either under a contract with a Bank
-
funded project or under existing donor agreem
ents with the mine action organization);



If the project does not included an assessment / clearance task, it should not go ahead for
selection as long as this has not been corrected.



Procedure for Works to be Implemented Directly by Government Department
s/Agencies, Without the
Use of Contractors


Applicability:

This procedure applies to works to be implemented directly by Government
departments/agencies, without use of contractors.


Overall approach:

MACA
(or a mine action organization accredited by MACA)
should provide
detailed information on the mine
-
related risks (either based on previously done and updated
general survey or on a new general survey) before works or installation of goods/materials are
car
ried out in any given area. Work would only be allowed to proceed in areas assessed to have
a nil
-
to
-
low risk, unless they have been demined by a mine action organization accredited by
MACA .


Rationale:

Government departments and agencies responsible fo
r providing services currently do
not have the capacity to assess the mine
-
related risks in a systematic way, and currently follow a
process of consulting with MACA prior to carrying out activities.


9.

Prior to carrying out work, the Government department/ag
ency will consult with MACA to assess
mine
-
related risks in the area (this should include checking information available in the MACA data
base). If not already done, a general survey should be carried out by MACA (
or by a mine action
organization accredi
ted by MACA
) to assess mine
-
related risks in the area.


10.

If MACA provides detailed information on mine
-
related risks which suggest a nil
-
to
-
low risk in the
proposed area, the work can proceed.
The Government would be solely liable in case of a
mine
-
related
accident.


11.

If information provided by MACA cannot support the assessment of a nil
-
to
-
low risk in the proposed
area (whether due to the presence of mines or uncertainty), works should not go ahead before MACA
(or
a mine action organization accr
edited by MACA)
carries out the necessary further assessment and/or
clearance for risks to be downgraded to nil
-
to
-
low,
based on agreed funding modalities (clearance may be
funded either under a contract with a Bank
-
funded project or under existing donor a
greements with the
mine action organization).



Procedure for Large Works Using Contractors


Applicability:

This procedure applies to large works to be implemented by large contractors
(projects above $5m).


Overall approach:

The main contractor should
be responsible for dealing with mine
-
related risks,
in coordination with the UN Mine Action Center.


12.

As part of the preparation of the bidding documents, a general survey should be carried out by
MACA (or a mine action organization accredited by MACA) on a
ll the areas where contractors may have
to work (broadly defined). This survey should provide detailed information on mine
-
related risks in the
26


various areas allowing for an un
-
ambiguous identification of areas that have a nil
-
to
-
low risk of
mine/UXO cont
amination and areas where the risk is either higher or unknown. The survey should be
financed out of the preparation costs
of the bidding documents.


13.

All survey information should be communicated to the bidders (with sufficient legal caveats so that it
do
es not entail any liability), as information for the planning of their activities (e.g., location of campsites,
access roads to quarries).


14.

Depending on the nature and location of the project and on the available risk assessment, two
different options ca
n be used.


Option 1


Mine clearance activities are part of the general contract


a.

Based on the general survey results, a specific budget provision for mine action during
construction is set aside as a separate provisional sum in the tender documents for
the general
contract.

b.

As a separately identified item in their bid, the bidders include a provision for a further
detailed mine assessment and clearance during construction.

c.

On the instruction of the Supervision Engineer and drawing on the specific provi
sional sum
for mine action in the contract, the contractor uses one of several nominated sub
-
contractors
(or a mine action organization accredited by MACA) to be rapidly available on call, to carry
out assessment prior to initiation of physical works in po
tentially contaminated areas, and to
conduct clearance tasks as he finds may be needed. The Contractor may also hire an
international specialist to assist him in preparing and supervising these tasks. The Contractor
is free to chose which of the accred
ited sub
-
contractors to use, and he is fully responsible for
the quality of the works and is solely liable in case of accident after an area has been
demined.


To avoid an “over
-
use” of the budget provision, the Contractor is required to inform the Supervi
sion
Engineer in writing (with a clear justification of the works to be carried out) well in advance of
mobilizing the mine
-
clearing team. The Supervision Engineer has the capacity to object to such works.


Option 2


Mine clearance activities are carrie
d out under a separate contract



a.

Specific, separately
-
awarded contracts are issued for further surveying and/or clearing of
areas with a not
-
nil
-
to
-
low risk (under the supervision of the Engineer) by specialized
contractors (or a mine action organizati
on accredited by MACA). The definition of the areas
to be further surveyed/cleared should be limited to those areas where any contractor would
have to work, and should not include areas such as camp sites and quarries/material sites
which are to be identi
fied by the Contractor during and after bidding of the works. As a
result of these further surveys and possibly clearance works, mine
-
related risk in the entire
contract area is downgraded to nil
-
to
-
low.


b.

The contract with the general Contractor speci
fies the extent of the portion of the construction
site of which the Contractor is to be given possession from time to time, clearly indicating
restrictions of access to areas where the mine risk is not nil
-
to
-
low. It also indicates the
target dates at w
hich these areas will be accessible. Following receipt of the notice to
commence works from the Engineer, the Contractor can start work in all other areas.


27


c.

The general Contractor is invited to include in its bid an amount for mine
-
security, to cover
any additional survey / clearance he may feel necessary to undertake the works.


In case of an accident, a Board of Inquiry is assembled by MACA to investigate on the causes of the
accident and determine liabilities. Large penalties should be applied on t
he Contractor if the Board
determines that the accident resulted from a breach of safety rules.


All parties involved in this process are required to closely coordinate with MACA and to provide the
Government, local communities, MACA, as well as any intere
sted party the full available information on
mine
-
related risks that may reasonably be required (e.g., maps of identified minefields, assessments for
specific areas).









































28



Attach
ment

6


Environmental
and Social
Guidelines for Contractors


The following guidelines should be added to the ESMF and included in the contractual agreements:



Installation of the work site on areas far enough from water points, houses and sensitive areas;



Sanitary equipments and installati
ons;



Site regulation (what is allowed and not allowed on work sites);



Compliance with laws, rules and other permits in vigor;



Inform the client if land is found to be contaminated;



Hygiene and security on work sites;



Protect neighboring properties;



Preserv
e existing fauna and flora;



Ensure the permanence of the traffic and access of neighboring populations during the works to
avoid hindrance to traffic;



Protect and provide health and safety measures to staff working on work sites;



Soil, surface and groundwa
ter protection: avoid any wastewater discharge, oil spi1l and discharge
of any type of pollutants on soils, in surface or ground waters, in sewers and drainage ditches;



Protect the environment against exhaust fuels and oils;



Protect the environment against

dust and other solid residues;



Waste management: install containers to collect the wastes generated next to the areas of activity;



Degradation/demolition of private properties: inform and raise the awareness of the populations
before any activity causing
degradation of natural vegetation and resources. Compensate
beneficiaries before any work;



Use a quarry of materials according to the mining code requirements;



Compensation planting in case of deforestation or tree felling;



No waste slash and burn on site;



Speed limitation of work site vehicles and cars;



Allow the access of Public and emergency services;



Organize the storage of materials;



Organize parking and displacements of machines;



Footbridges and access of neighbors;



Signaling of works;



Respect of cult
ural sites;



Safe Disposal of asbestos;



Consider impacts such as noise, dust, and safety concerns on the surrounding population and
schedule construction activities accordingly;



Protect soil surfaces during construction and revegetate or physically stabiliz
e eligible surfaces;



Ensure proper drainage;

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Prevent standing water in open construction pits, quarries or fill areas to avoid potential
contamination of the water table and the development of a habitat for disease
-
carrying vectors
and insects;



Select sust
ainable construction materials and construction method;



Control and clean the construction site daily;



During construction, control dust by using water or through other means;



Provide adequate waste disposal and sanitation services at the construction site
;



Dispose of oil and solid waste materials appropriately;



Preserve natural habitats along streams, steep slopes, and ecologically sensitive areas;



Develop maintenance and reclamation plans and restore vegetation.



Ensure no blockage of access to households
during construction and/or provide alternative access.



Camps should be located 500 m from habitations.



Ensure security and privacy of women and hoseholds in close proximity to the camps.