PACT - 13-06-2024-ESCP Updated 2024-06-07a - (Clean)
PACT - 13-06-2024-ESCP Updated 2024-06-07a - (Clean)
PACT - 13-06-2024-ESCP Updated 2024-06-07a - (Clean)
June 7, 2024
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ENVIRONMENTAL AND SOCIAL COMMITMENT PLAN
1. The Democratic Republic of Congo (the Recipient) shall implement the Connectivity and Transport Support
Project (the Project), with the involvement of the with the involvement of the following Ministries: The Ministry
of Infrastructure and Public Works through the Cellule Infrastructure (CI), in association with the Ministry of
Environment and Sustainable Development, the Ministry of Telecommunications as well as with the Ministry of
Transport, as set out in the Financing Agreement. The International Development Association (the Association)
has agreed to provide financing for the Project, as set out in the referred agreement.
2. The Recipient shall ensure that the Project is carried out in accordance with the Environmental and Social
Standards (ESSs) and this Environmental and Social Commitment Plan (ESCP), in a manner acceptable to the
Association. The ESCP is a part of the Financing Agreement. Unless otherwise defined in this ESCP, capitalized
terms used in this ESCP have the meanings ascribed to them in the referred agreement.
3. Without limitation to the foregoing, this ESCP sets out material measures and actions that the Recipient shall
carry out or cause to be carried out, including, as applicable, the timeframes of the actions and measures,
institutional, staffing, training, monitoring and reporting arrangements, and grievance management. The ESCP
also sets out the environmental and social (E&S) instruments that shall be adopted and implemented under the
Project, all of which shall be subject to prior consultation and disclosure, consistent with the ESS, and in form and
substance, and in a manner acceptable to the Association. Once adopted, said E&S instruments may be revised
from time to time with prior written agreement by the Association.
4. As agreed by the Association and the Recipient, this ESCP will be revised from time to time if necessary, during
Project implementation, to reflect adaptive management of Project changes and unforeseen circumstances or in
response to Project performance. In such circumstances, the Recipient through Ministry of Infrastructure and
Public Works and the Association agree to update the ESCP to reflect these changes through an exchange of
letters signed between the Association and the Recipient director of the Cellule Infrastructure (CI). The Recipient
shall promptly disclose the updated ESCP.
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MATERIAL MEASURES AND ACTIONS TIMELINE RESPONIBLE ENTITY / AUTHORITY
C MONTHLY REPORTS FROM SUPPLIERS AND PROVIDERS Monthly report throughout Project Supervising engineer
Require suppliers and service providers to regularly submit implementation in coordination with the Ministry of Infrastructure and Public
monthly monitoring reports for validation to the Recipient Project monitoring report. Works through CI shall have primary
through the Ministry of Infrastructure and Public Works/Cellule responsibility for reporting.
Infrastructure (CI). Such monthly reports shall be submitted to
the Association by the Recipient upon request.
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MATERIAL MEASURES AND ACTIONS TIMELINE RESPONIBLE ENTITY / AUTHORITY
ESS1: ASSESSMENT AND MANAGEMENT OF ENVIRONMENTAL AND SOCIAL RISKS AND IMPACTS
1.1 ORGANIZATIONAL STRUCTURE
Establish and maintain an organizational structure with qualified This organizational structure at national Ministry of Infrastructure and Public
staff and resources to support management of environmental and level shall be completed prior to July 1, Works through the Cellule
social risk. 2024l and shall be maintained throughout Infrastructure (CI)
The CI shall hire and maintain at the national level-Kinshasa: one Project implementation.
(01) environmental specialist, one (01) social development
specialist, one (01) GBV specialist, and (01) senior environmental The organizational structure at Provincial
specialist/safeguards coordinator. level shall be established prior to July 1,
The CI shall expand its field presence with the creation of liaison 2024, but in any event prior to the start of
offices in Kasai and North Kivu provinces. At the provincial level, the civil works in the relevant provinces
the CI shall recruit one (1) environmental specialist, and one (1) and maintained throughout the
social development specialist with a background/experience in implementation of the Project.
GBV/SEA/SH risk monitoring, prevention, and response. The 2-
person team shall be based in North Kivu and in Kasai to monitor
the E&S activities under the Project.
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MATERIAL MEASURES AND ACTIONS TIMELINE RESPONIBLE ENTITY / AUTHORITY
1.2 A national NGO shall be hired and maintained to help the CI with Prior to the start of civil works. These
on-time sensitization and information sessions to communities measures shall be implemented and Ministry of Infrastructure and Public
regarding several aspects including road safety. In addition, one maintained throughout the Works through the Cellule
or more national or international organizations shall be recruited implementation of the Project. Infrastructure (CI)
to support the PIU on the implementation of the SEA/SH Action
Plan.
In addition, recruit an independent third-party monitoring (TPM), TPM shall be recruited by October 15,
responsible to complete and verify the monitoring of the 2024.
environmental and social risks and impacts of the Project,
including, the monitoring of the effectiveness of the
implementation of the SEA/SH Action Plan, which spells out
measures related to mitigation of risks related to SEA/SH that are
linked to Project implementation.
The Infrastructure Unit (CI) is the entity in charge of the overall The Memorandum of Understanding has
management of the Project. In its multisectoral character, the CI been signed between CI and other
shall sign a Memorandum of Understanding (MoU) to coordinate implementing agencies on February 13,
implementation of Project activities with the other Ministries, 2023.
namely the MEDD for forest preservation activities, Ministry of
Telecommunications for fiber optic investments as well as with
the Ministry of Transport for the air transport investments.
1.3 Establish, maintain and sign a Memorandum of Understanding The Memorandum of Understanding shall Ministry of Infrastructure and Public
between the Infrastructure Unit and the Congolese be signed between CI, ACE and CESOR as Works through the CI
Environmental Agency (ACE), Roads Office and its Environmental well as with PEC prior to the start of civil
and Social Unit (CESOR) Provincial as well as with the works, implemented and maintained
Environmental Coordinations (PEC) for the monitoring and throughout the implementation of the
management of environmental and social impacts. Project
2 ENVIRONMENTAL AND SOCIAL ASSESSMENT Ministry of Infrastructure and Public
Assess the E&S risks and impacts of the Project in accordance Works through the CI
with the ESSs and ESMF, and prepare, disclose, consult upon,
adopt and thereafter implement in a manner acceptable to the
Association the following instruments:
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MATERIAL MEASURES AND ACTIONS TIMELINE RESPONIBLE ENTITY / AUTHORITY
2.1 ESIA/ESMP for the paving of Mbuji Mayi – Kabinda –road The ESIA/ESMP has been disclosed in draft Ministry of Infrastructure and Public
in country and by the Association on Works through the CI
January 28, 2022. It was then updated,
consulted, approved and redisclosed on
May 4, 2022.
2.2 ESIA/ESMP for the paving of Kabinda-Mbanga road The ESIA/ESMP has been disclosed in draft Ministry of Infrastructure and Public
in country and by the Association on Works through the CI
January 28, 2022. It was then updated,
consulted, approved and redisclosed on
April 21, 2022.
2.3 ESIA/ESMP for the paving Butembo – Kanyabayonga The ESIA/ESMP has been disclosed in draft Ministry of Infrastructure and Public
road in country and by the Association on Works through the CI
January 28, 2022. It was then updated,
consulted, approved, and, redisclosed on
April 21, 2022.
2.4 Environmental and Social Management Framework The ESMF was prepared and disclosed in Ministry of Infrastructure and Public
(ESMF), including the SEA/SH Action Plan draft in the country and by the Association Works through the CI
on January 28, 2022. It was then updated,
consulted, approved, and redisclosed on
May 4, 2022.
2.5 Stakeholder Engagement Plant (SEP) including a The SEP has been prepared, consulted, Ministry of Infrastructure and Public
Grievance Redress Mechanism (GRM) for the Project as approved by the Association and the Works through the CI
well as independent GRM procedures to manage SEA/SH Recipient, and disclosed on March 30,
complaints safely and confidentially using a survivor- 2022.
centered approach SEA/SH GRM)
2.6 Resettlement Policy Framework (RPF) The RPF was prepared, consulted, Ministry of Infrastructure and Public
approved by the Association and the Works through the CI
Recipient, and disclosed on April 15, 2022
2.7 Indigenous Peoples Planning Framework (IPPF) The IPPF was prepared, consulted, Ministry of Infrastructure and Public
approved by the Association and the Works through the CI
Recipient, and disclosed on February 3,
2022
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MATERIAL MEASURES AND ACTIONS TIMELINE RESPONIBLE ENTITY / AUTHORITY
Indigenous Peoples Plan (IPP) The Recipient has prepared a draft IPP for Ministry of Infrastructure and Public
the Kabinda-Mbanga section. It shall be Works through the CI
finalized, consulted, adopted by the
Recipient, and disclosed prior to
commencement of related civil works, and
thereafter implement it throughout
Project implementation.
2.8 The Labor management Plan (LMP) The LMP was prepared, consulted, Ministry of Infrastructure and Public
approved by the Association and the Works through the CI
Recipient, and disclosed on March 28,
2022. It shall be applied throughout Project
implementation
2.9 Resettlement Action Plan (RAP) for Mbuji-Mayi – The Recipient has prepared a draft RAP for Ministry of Infrastructure and Public
Kabinda Mbuji-Mayi – Kabinda. It shall be finalized, Works through the CI
consulted, adopted and disclosed by the
Recipient, and thereafter implemented
and documented prior to commencement
of the related civil works.
2.10 Resettlement Action Plan (RAP) Butembo – The Recipient has prepared a RAP for Ministry of Infrastructure and Public
Kanyabayonga road Butembo – Kanya Bayonga section, which Works through the CI
has been finalized, consulted, and
disclosed on November 10, 2023.
The Recipient shall update it by July 30,
2024, to address time lapse since its
finalization prior to its adoption by the
Recipient, and full implementation and
documentation prior the launching of
works.
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MATERIAL MEASURES AND ACTIONS TIMELINE RESPONIBLE ENTITY / AUTHORITY
2.11 Resettlement Action Plan (RAP) Kabinda - Mbanga The Recipient has prepared a RAP for Ministry of Infrastructure and
Kabinda - Mbanga section, which has been Public Works through the CI
finalized, consulted, and disclosed on
November 10, 2023.
The Recipient shall update it by July 30,
2024, to address time lapse since its
finalization prior to its adoption by the
Recipient, and full implementation and
documentation prior the launching of
works.
2.12 Conduct in accordance with the ESMF environmental ESIAs/ESMPs for ancillary works for the Ministry of Infrastructure and Public
and social due diligence, including ESIA/ESMP, for quarry three road segments (Mbuji-Mayi Kabinda Works through the CI
sites, asphalt plant, crusher plant, sand pits, borrow pits, Road, Kabinda Mbanga road and Butembo Contractors
disposal areas, accommodation camps, induced access, Kanya- Bayonga road) shall be prepared,
etc. consulted, adopted and disclosed prior to
commencement of works in form and
substance acceptable to the Association,
and thereafter implement the ESIA and
ESMP throughout Project implementation.
Contractors may start the following
specified activities while continuing the
preparation/finalization of the ancillary
sites safeguard instruments: importation
of equipment, recruitment of personnel,
establishment of GRMs, stakeholder
engagement, and/or administrative
management of already recruited service
providers not involving environmental and
social impacts.
The equipment and vehicles, whose
acquisition has been authorized prior to
the completion of the ESIA/ESMP and the
implementation and documentation of the
RAPs, shall be stored in in a rented site
(voluntary commercial agreement) or
government owned space not generating
involuntary resettlement.
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MATERIAL MEASURES AND ACTIONS TIMELINE RESPONIBLE ENTITY / AUTHORITY
2.12 Undertaken a cumulative impact assessment (CIA) to The CIA shall be prepared, consulted, Ministry of Infrastructure and Public
adequately assess the combined impacts of the road approved and disclosed within 18 months Works through the CI
improvement investments on ambient air quality from the Effective Date.
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3 MANAGEMENT TOOLS AND INSTRUMENTS
3.1 Contractors shall be required, as a condition of their contracts to C-ESMP to be prepared - at least 30 days Ministry of Infrastructure and Public
further develop as part of their ESMPs the following E&S prior to the start of the works, and Works through the CI
management tools included in site specific ESMPs prepared for implement throughout their contracts.
the project: Contractors
• site-specific Occupational Health and Safety
Management Plans;
• borrow pits and quarry sites operation and
rehabilitation Plan
• crusher, concrete batch and asphalt plants sites
operation and rehabilitation Plans
• Waste Management Plan;
• Water Quality Management Plan;
• Biodiversity Management Plan ;
• Community Communication and stakeholder
Engagement Plan ;
• Child Abuse Protection Plan ;
• Traffic Management Plan;
• Erosion and sediment control plan;
• Emergence Preparedness and response Plan (EPRP)
including medical evacuation measures
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MATERIAL MEASURES AND ACTIONS TIMELINE RESPONIBLE ENTITY / AUTHORITY
3.2 Environmental and social clauses necessary to ensure compliance As part of the bidding process and before Ministry of Infrastructure and Public
with this ESCP shall be included in ToRs and Bidding Documents signing the contract with the bidder and Works through the CI
(including codes of conduct, coordination, reporting and maintain throughout Project
monitoring, and complaints mechanisms) implementation.
3.3 Prepare a Project Implementation Manual (or procedures The Project Implementation Manual has Ministry of Infrastructure and Public
manual) with an "Environmental and Social Safeguards" section, been prepared and adopted by the Works through the CI
which shall describe in detail: Effective Date and complied with
• The role of the procurement specialist in recruiting the throughout Project implementation
consultant charged to prepare the environmental and
social studies for the project, place the ToR in the STEP,
Request for Quotation, Request for Proposal, Bidding
Document and contracts
3.4 • Environmental and social indicators (including SEA/SH) A SEA/SH Action Plan has been prepared
to be included in the Project Implementation Manual and annexed to the disclosed ESMF. It shall
(PIM) shall integrate environmental and social aspects be implemented prior to the start of works.
monitoring system
3.5 Any area in which civil works in/around abandoned military Prior to commencing civil works for any Ministry of Infrastructure and Public
camps, checkpoints and trenches, bridges and their surroundings, area in which civil works in/around Works through the CI
etc., under the Project will be implemented has been cleared of abandoned military camps, checkpoints Contractors
unexploded ordnance (UXO), and to that end, prior to and trenches, bridges and their
commencing civil works for any activity under the Project, the surroundings.
Recipient shall provide a confirmation, in form and substance Enforce these measures throughout the
satisfactory to the Association, that the area in which such civil project implementation period
works will be implemented has been declared safe and clear of
UXO.
3.6 All terms of reference and final deliverables, for any technical Throughout Project implementation, with Ministry of Infrastructure and Public
assistance and studies to be carried out under the Project shall be submission of draft terms of reference to Works through the CI
prepared, adopted, and completed in form and substance the Association for non-objection before
satisfactory to the Association and in accordance with the start of corresponding activities
Association’s environmental and social standards (ESSs) relevant
to the Project.
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MATERIAL MEASURES AND ACTIONS TIMELINE RESPONIBLE ENTITY / AUTHORITY
3.8 EXCLUSIONS: Exclude the following types of activities as During the evaluation process under Ministry of Infrastructure and Public
ineligible for funding under the Project: Action 2 and 3, throughout Project Works through the CI
Activities that may result in long-term, permanent implementation. Contractors
and/or irreversible negative impacts (e.g., loss of major
natural habitat)
Activities that have a high probability of causing serious
adverse effects on human health and / or the
environment,
Activities that may have significant negative social
impacts and may give rise to significant social conflicts,
Subprojects with significant risks and/or adverse
impacts on biodiversity and those that would need
clearing of any type of forests and protected areas will
be excluded from receiving financing,
Subprojects with significant risks and/or adverse
impacts on sensitive cultural receptors shall be
excluded from receiving financing
Subprojects that cause or lead to child abuse, child
labor exploitation, or human trafficking.
Subprojects involving harmful or exploitative forms of
forced labor or child labor.
Subprojects that result in involuntary restrictions on land
use or access to legally designated parks and protected
areas
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MATERIAL MEASURES AND ACTIONS TIMELINE RESPONIBLE ENTITY / AUTHORITY
4 MANAGEMENT OF SUPPLIERS AND PROVIDERS As part of the preparation of procurement Ministry of Infrastructure and Public
Incorporate the relevant aspects of the ESCP, including the documents. Works through the CI
relevant E&S documents and/or plans, and the Labor
Management Procedures, into the ESHS specifications of the
procurement documents with contractors. Thereafter ensure
that the contractors comply with the ESHS specifications of their
respective contracts.
Require the development and implementation of the following C-ESMP to be prepared - at least 30 days
procedures applicable to contractors and subcontractors and prior to the start of the works.
other service providers:
Contractor’s ESMP for the Construction Site, including Supervise contractors throughout Project
Health, Safety and Hygiene Plan and COVID-19 Prevention implementation, including to ensure
Plan, which shall also include a worker’s GRM with specific compliance with terms of contracts and C-
procedures to handle SEA/SH complaints in a safe and ESMPs.
ethical manner and applying a survivor-centered approach,
as part of the overall GRM
Environmental and social clauses necessary to comply with Supervise contractors/subcontractors
this ESCP shall be included in ToRs and Bidding Documents throughout the implementation of the
for works contracts and supervision contracts (codes of Project, including to ensure compliance
conduct addressing and sanctioning SEA/SH behaviors, with terms of contracts and C-ESMPs.
coordination, reporting and monitoring, Grievance Redress
Mechanisms (GRM) sensitive to SEA/SH, and regular training
to all staff on GBV, including SEA/SH risks and consequences,
content of code of conduct and procedures to report SEA/SH
incidents)
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MATERIAL MEASURES AND ACTIONS TIMELINE RESPONIBLE ENTITY / AUTHORITY
5 PERMITS, CONSENTS AND AUTHORIZATIONS: Obtain all relevant permits, consents and Ministry of Infrastructure and Public
Obtain or assist in obtaining, as appropriate, the permits for E&S authorizations before commencement of Works through the CI
measures and quarry sites, consents and authorizations related works. Thereafter comply with
applicable to the Project under the applicable legislation from the these permits, consents and authorizations
relevant national authorities. throughout Project implementation.
6 THIRD PARTY MONITORING: Ministry of Infrastructure and Public
The Recipient shall hire national or international experts to Throughout the Project implementation Works through the CI
complete and verify the monitoring of the environmental and period
social risks and impacts of the Project, including, the monitoring
of the effectiveness of the implementation of the SEA/SH Action TPM shall be recruited by October 15,
Plan, which spells out measures related to mitigation of risks 2024. Monitoring shall be performed on a
related to SEA/SH that are linked to Project implementation. monthly basis and quarterly reports shall
be submitted to the Recipient and
Association.
7 CONTINGENT EMERGENCY RESPONSE COMPONENT Final CERC ESMF shall be prepared,
Activities carried out under Contingent Emergency Response consulted, approved/adopted and
Components also must meet ESS requirements. disclosed as part of the CERC component
A CERC- ESMF Addendum has been prepared, disclosed, activation package.
Ministry of Infrastructure and Public
consulted upon, approved and adopted. CERC activities shall
The adoption of the CERC manual and, if Works through the CI
be carried out in accordance with CERC ESMF and in a
manner satisfactory to the Association. applicable, other instruments, as relevant
in form and substance acceptable to the
Ensure that the CERC Manual includes a description of the Association as part of the CERC component
ESHS assessment and management arrangements activation package.
(including, CERC- ESMF Addendum) that shall be included or
referred to in the CERC Manual for the implementation of Adopt any required E&S instrument and
component 4, in accordance with the ESSs. include it as part of the respective bidding
process, if applicable, and in any case, MEF
Adopt any environmental and social (E&S) instruments before the carrying out of the relevant
required for activities under component 4 in accordance Project activities for which the E&S
with the CERC-ESMF Addendum and the ESSs, and thereafter instrument is required. Implement the E&S
implement the measures and actions required under said instruments in accordance with their
E&S instruments, within the timeframes specified in said terms, throughout Project
E&S instruments implementation.
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MATERIAL MEASURES AND ACTIONS TIMELINE RESPONIBLE ENTITY / AUTHORITY
7 WORKFORCE MANAGEMENT PROCEDURES The LMP has been prepared, consulted, Ministry of Infrastructure and Public
Develop, adopt, and implement labor management procedures approved and disclosed on March 28, Works through the CI for the
(LMPs) in accordance with national legislation and ESS2, taking 2022, and thereafter applied throughout recruitment of suppliers/contractors,
into account the recruitment and employment management Project implementation. - Labor Inspection
process under the Project. These procedures are set out in a - Control missions
document entitled Workforce Management Procedures (WMP).
These LMPs shall include clauses for the use of Congolese and
foreign Project workers (skilled and unskilled) in accordance with
the Labor Code and ESS2. These clauses shall be included in the
contracts of suppliers and subcontractors, prohibit the
employment of children and forced labor, and guarantee the right
to form a union. These clauses also must protect vulnerable
people such as women and people with disabilities. These clauses
shall require suppliers/suppliers and subcontractors to behave in
a way that does not create or exacerbate the risks of SEA/SH,
including by signing the code of conduct and following regular
training on GBV and SEA/SH risks and consequences, prohibited
conduct and applicable sanctions, and reporting incidents under
GRM sensitive to SEA/SH
7.1 Ensure that contractors/suppliers give preference to the Ministry of Infrastructure and Public
recruitment of local labor, with equal competence. In addition, Before the start of sub-projects work Works through the CI
they shall ensure a 30% quota for the recruitment of women
within the companies hired under the Project.
7.2 Ensure that contracts are signed with Direct Workers (e.g., - Prior to the start of work Ministry of Infrastructure and Public
contractual personnel of the Infrastructure Unit) and with - Before Project workers begin work on Works through the CI
Contractual Workers (e.g., suppliers/subcontractors) by ensuring the Project for signing contracts with the
that the labor clauses comply with the LMPs and national Direct and contractual workers and
framework (compliance with the Labor Code, endorsing the - The suppliers/suppliers for signing
contract with the National Employment Office, compliance with contracts
the application of the Labor Code). with their workers, and their
subcontractors
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MATERIAL MEASURES AND ACTIONS TIMELINE RESPONIBLE ENTITY / AUTHORITY
8 PROJECT WORKER COMPLAINT MANAGEMENT MECHANISM GRM shall be operational before the start Ministry of Infrastructure and Public
of sub-project activities. Works through the CI
Prepare and implement a global grievance redress mechanism and suppliers / providers
(GRM) for Project workers. The CI shall provide suppliers and
subcontractors with access to the GRM, which shall include
independent procedures to handle SEA/SH incidents safely and
confidentially under a survivor-centered approach and cover all
issues related to labor and employment, SEA/SH risk prevention,
mitigation, and response, as well as measures to combat all forms
of discrimination and support the workers' union, etc.
The GRM shall be easily accessible to the Project's workers,
comply with the ESS2 and with the relevant provisions of national
social legislation (Labor Code).
In the absence of a union, the contractors/suppliers shall also be
required to set up a GRM that complies with the global project
GRM for Project workers to manage their internal grievances
within the contractors and that is also adapted to manage SEA/SH
complaints safely and confidentially under a survivor-centered
approach, including a response protocol to ensure survivors are
referred to quality GBV services in a timely, confidential, and
ethical manner.
9 OCCUPATIONAL HEALTH AND SAFETY (OHS) MEASURES Prior to the start of civil works. These Ministry of Infrastructure and Public
Consistent with ESS2, prepare, adopt and implement measures shall be implemented and Works through the CI
occupational health and safety (OHS) including COVID19 maintained throughout the /Suppliers / providers
measures for Project workers. These measures shall be specified
implementation of the Project.
in the ESMF and ESIAs/ESMPs.
Project suppliers/providers shall undertake job hazard
assessments (more detailed and specific to the job that is going to
be performed), develop and implement site-specific Occupational Quarterly inspections throughout the ACE/Labor Inspectorate
Health and Safety Management Plans and the COVID-19 and implementation of the Project, starting 90 supervision engineers
Ebola pandemic prevention plans. days from civil works
Perform periodic inspections of the Contractor’s facilities to
evaluate compliance with applicable labor regulations, including
compliance with occupational health and safety requirements
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MATERIAL MEASURES AND ACTIONS TIMELINE RESPONIBLE ENTITY / AUTHORITY
10 MANDATORY WEARING OF PERSONAL PROTECTIVE EQUIPMENT Prior to the start of civil works. These Ministry of Infrastructure and Public
(PPE): measures shall be implemented and Works through the CI
Ensure that Project suppliers/providers provide their workers and maintained throughout the /Suppliers / providers
visitors with personal protective equipment (PPE), including those implementation of the Project.
for the control of COVID-19 and Ebola, prior to accessing
worksites and other associated facilities. In addition, ensure that
adequate PPE is worn by all Project workers and visitors on the
construction sites and associated facilities.
11 EMERGENCY PREPAREDNESS AND RESPONSE: Prior to implementation of subproject and
Ensure that project suppliers/providers prepare and implement maintain throughout the Project Ministry of Infrastructure and Public
an emergency preparedness and response plan, and coordinate implementation Works through the CI
with the measures referred to emergency response measures, /Suppliers / contractors
taking into account gender aspects and related SEA/SH risks.
12 TRAINING OF PROJECT WORKERS: Prior to implementation of subproject and Ministry of Infrastructure and Public
The Recipient shall work with the Project's suppliers/contractors, maintain throughout the Project Works through the CI
through the CI, to organize training for Project workers in order to implementation
better control the risks of implementation on local populations,
focusing on the following topics: pollution and management of
environmental risks during project works - Occupational Health
and Safety, child labour, STIs/HIV/AIDS, PMM, the fight against
the COVID-19 pandemic and Ebola outbreak. In addition, The
Project’s suppliers/contractors shall be required to organize
regular trainings on GBV, including SEA/SH risks and
consequences, content of code of conduct and SEA/SH -GRM.
These trainings shall be conducted by specialized organizations
and supervised by the Recipient.
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MATERIAL MEASURES AND ACTIONS TIMELINE RESPONIBLE ENTITY / AUTHORITY
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ESS4 COMMUNITY HEALTH AND SAFETY
15 TRAFFIC AND ROAD SAFETY Ministry of Infrastructure and Public Works
Adopt and implement measures and actions to assess and manage traffic through the CI and supervision engineers
and road safety risks, as required by the ESMF, ESIAs and ESMPs to be ESMF and ESIAs/ESMPs shall be developed
developed under Action 2.1., 2.2., 2.3., 2.4., 2.11. and 3 above. and implemented on timeframes specified
in 2.1., 2.2., 2.3.,2.4., 2.11. and 3.
Require and ensure that Project suppliers/providers develop and
implement as part of their C-ESMP traffic and road safety plans, in C-ESMP to be prepared at least 30 days prior
particular a construction traffic management plan. Require and ensure to the start of the works.
that suppliers/contractors fence off their sites, mark out and post signs
for traffic and speed reduction.
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17 RISKS OF SEXUAL EXPLOITATION AND ABUSE AND SEXUAL HARASSMENT The SEA/SH Action Plan has been drafted - Ministry of Infrastructure and Public
(during the PACT Preparation Phase): and finalized as an annex to the ESMF and Works through the CI
A gender-based violence (GBV) risk assessment has been conducted in in will be operational prior to the start of - Labour Inspection
Lomami and Kasaï Oriental provinces, including some areas of North Kivu,
works.
targeted by the two corridors of the project. Any other provisions where
the Project will be located shall be the subject of a similar GBV risk
assessment. A SEA/SH Action Plan shall be included in the ESMF. It shall Necessary training shall be provided prior to
include the following elements: the start of Project activities by suppliers
- Provisions for drafting codes of conduct that specifically prohibit and contractors
SEA/SH and outline applicable sanctions. The SEA/SH Action Plan
shall require these codes of conduct to be signed by all Project
workers, Codes of Conduct (CoCs) shall be translated into local
languages and signed by Project workers and posted at
construction sites and other associated facilities. It shall apply to
contracts or services other than consultancy services,
commissioned or carried out under such contracts, shall cover
inter alia SEA/SH and violence against children.
- An awareness-raising strategy that describes how Project
workers and local communities will be made aware of the risks
and consequences of gender-based violence, including SEA/SH,
the responsibilities of workers under the code of conduct, and
procedures to report these kinds of incidents.
- Provisions for organizing independent community consultations
with women in safe and enabling environments and with female
facilitators, which will provide information as to project-related
risks for women and feedback on safe and accessible GRM
reporting channels for SEA/SH complaints.
- A training strategy that describes the responsibilities of workers
covered by the code of conduct, SEA/SH concepts, prohibited
behaviours and sanctions for violations, and specific procedures
to manage SEA/SH complaints in an ethical and confidential
manner, following a survivor-centered approach
- Procedures under an independent GRM specific for handling
SEA/SH grievances safely and confidentially and using a survivor-
centered approach, including response and information-sharing
protocols and information as to how the project will provide
employees and the local population with information on how to
report SEA/SH grievances and violations of the code of conduct
to the SEA/SH GRM.
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- Ensure that all tender documents (DAO), works contracts or
service contracts other than consultancy services under the
Project oblige suppliers/suppliers, subcontractors or consultants
to adopt a code of conduct, including provisions to address
SEA/SH and applicable sanctions, which will be given to all
workers for signature.
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19 SECURITY MANAGEMENT
Security Personnel:
Where the presence or need for security personnel is established, the Before hiring security personnel, and Ministry of Infrastructure and Public Works
Recipient shall prepare a Security Personnel Management Plan (SPMP), throughout the implementation of the
which shall require the following: through the CI shall have primary
Project.
responsibility
- Promoting the use of existing guard services in the Project area,
provided that doing so can be done in a manner consistent with the
remaining provisions of this section.
- Ensuring that a formal agreement between the Project and security
firms is signed, including clauses on compliance with the code of conduct
- Training of security personnel on human rights and GBV issues, including
SEA/SH
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20 RESETTLEMENT PLANS
Consistent with ESS5 and to the satisfaction of the Association, prepare, - Ministry of Infrastructure and Public
consult, adopt, disclose and implement a Resettlement Policy The RPF has been prepared, consulted, Works through the CI
Framework (RPF) for the Project to spell out the principles, approved by the Association and the - Individual Consultant / Firm
organizational modalities and design criteria for resettlement that shall Recipient, and disclosed on April 15, 2022.
apply to the components or sub-projects to be prepared before project
implementation (see paragraph 25 of ESS5). Once the individual sub-
projects or components of the project have been defined and the
necessary information made available, this RPF shall be expanded to take
into account the potential risks and impacts of the sub-project activities.
In accordance with ESS5, and as stated in
Prepare, consult, adopt, disclose and implement Resettlement Action the RPF, Project activities that will result in
Plans (RAPs) in accordance with the requirements of the Resettlement physical and/or economic displacement
shall not commence until specific
Policy Framework (RPF), ESS5 and national legislation, including the
resettlement action plans (RAPs) for the
implementation budget and assistance to resettlement and vulnerable corresponding sub-projects are finalized
persons. These RAPs shall be validated by the Association and and approved by the Association and
subsequently by the Congolese Environment Agency (ACE). implemented.
20.1 MONITORING AND REPORTING: - Ministry of Infrastructure and Public Works
Ensure the development of a regular monitoring and reporting plan for The monitoring of RAP implementation through the CI (Coordinator, HSSM, M&E
land acquisition and resettlement activities in accordance with ESS5 and shall start at the beginning of RAP process Officer, GBV Expert)
the country's social legislation; this plan shall be executed by the and continue throughout Project - ACE
different actors referred to in the RAPs (IC, Local Litigation Management implementation. The follow up and - CPE
Committee including those of SEA/SH, NGOs/consultants, ACE, monitoring are mandatory in the RAP
resettlement monitoring officer, etc.) Process. The beneficiaries shall be involved.
20.2 COMPLAINTS MANAGEMENT MECHANISM Before the start of resettlement activities of Ministry of Infrastructure and Public Works
Ensure that RAPs provide details of the Grievance Redress Mechanism, each sub-project. through the CI (Coordinator, HSSS, M&E and
to which complaints and feedback on involuntary resettlement under During the entire project implementation GBV Expert)
PACT can also be directed. For SEA/SH aspects, the same principle period.
relating to specialised NGOs will apply through PACT. Monthly reports on the results of the
Complaints Management Mechanism set
up by PACT.
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21 RISKS AND EFFECTS ON BIODIVERSITY ESMF and ESIAs/ESMPs shall be developed Ministry of Infrastructure and Public Works
Consistent with ESS6, the ESMF and site-specific environmental and and implemented on timeframes specified through the CI
social instruments (including ESIA and ESMPs) shall spell out in 2.1., 2.2., 2.3., 2.4., 2.11. and 3.
requirements for assessment and mitigation measures to ensure that
Project activities do not alter or cause the destruction of critical and/or
natural habitats.
Any new construction and/or rehabilitation in protected areas, reserved The draft BMP has been consulted upon
forests (or proposed protected areas) or other natural habitats or areas and finalized by the Recipient and approved
of high national conservation level that could have the potential to cause by the Association by the Effective Date.
significant conversion (loss) or degradation of such natural habitats shall The draft BMP shall be finalized before the
not be eligible for financing under the Project. With the aims of achieving start of civil works, and its biodiversity risk
net gains and no significant degradation or conversion of critical management measures incorporated in the
habitats, including those habitats within the Virunga National Park, a relevant ESIAs/ESMPs and C-ESMP.
standalone Biodiversity Management Plan (BMP) shall be prepared for
the project assessing and identifying mitigation measures regarding any C-ESMP that incorporate biodiversity risk
works susceptible of causing significant adverse impacts, either direct or management measures shall be prepared -
indirect, on biodiversity in a manner acceptable to the Association. Such at least 30 days prior to the start of the
BMP shall be participatory, including input from the authorities
works. Approved plans are executed
responsible for managing the Virunga National Park and prepared to fully
reflect the mitigation hierarchy, indirect impacts, long term biodiversity throughout the implementation of the
monitoring and evaluation program, with capacity building plan, Project.
additional conservations actions and/or programs designed to promote
and enhance the conservation aims and effective management of the
Virunga National Park and budget estimates committed. The BMP shall
assess and identify mitigation measures regarding indirect impact to
biodiversity from potential in-migration/induced settlement and the
assessment of ecosystem services. The Recipient shall implement those
mitigation measures throughout Project implementation.
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21.1 The section of the road crossing Virunga National Park is not eligible for Enforce this measure throughout the Ministry of Infrastructure and Public Works
financing under the Project. project implementation period through the CI
21.2 Set up and finance the platform for participatory monitoring of potential No later than 90 days after the start of civil Ministry of Infrastructure and Public Works
indirect and cumulative impacts related to forest cover loss along the works and maintained throughout the through the CI, MEED and the Congolese
targeted road corridors. implementation of the project Institute of Nature Conservation (ICCN).
ESS7: HISTORICALLY DISADVANTAGED INDIGENOUS PEOPLES/TRADITIONAL LOCAL COMMUNITIES OF SUB-SAHARAN AFRICA
22 INDIGENOUS PEOPLES' PLAN Before the start of any activity requiring the Ministry of Infrastructure and Public Works
Prepare, adopt and implement Indigenous Peoples Plans (IPPs) development of an IPP. The approved IPP through the CI
consistent with the requirements of the Indigenous Peoples Planning shall be applied throughout the
Framework that has been developed for the Project and the provisions implementation of the Project.
of ESS7, in a manner acceptable to the Association.
23 GRIEVANCE REDRESS MECHANISM Throughout the duration of the Project Ministry of Infrastructure and Public Works
Develop, adopt and implement the modalities of the Indigenous Peoples' through the CI
Complaints Management Mechanism, pursuant to the Indigenous
Peoples' Planning Framework, and describe these modalities in detail in
the respective IPPs (where this mechanism is distinct from the
Complaints Management Mechanism defined under ESS10). This
mechanism shall be able to handle SEA/SH complaints in a safe, ethical
and confidential manner, following a survivor-centered approach.
ESS8: CULTURAL HERITAGE
24 CHANCE FINDS: Ministry of Infrastructure and Public Works
Prepare, adopt and implement the chance finds procedure consistent ESMF and ESIAs/ESMPs shall be developed through the CI
and implemented on timeframes specified
with ESS8. The chance finds chance shall be incorporated into the ESMF,
in 2.1., 2.2., 2.3., 2.11., 2.4., and 3.
which was prepared for the Project in accordance with national
legislation, guidelines from the Ministry of Arts and Culture and ESS 8.
Chance finds procedures shall be included in all works contracts, even in
cases where the probability is very low.
ESS8 due diligence shall be part of the ESIAs and ESMPs for subprojects.
Subprojects with significant risks and/or adverse impacts on sensitive
cultural receptors shall be excluded from receiving financing
ESS9: FINANCIAL INTERMEDIARIES
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ESS10: STAKEHOLDER MOBILISATION AND INFORMATION
26 PREPARATION AND IMPLEMENTATION OF THE STAKEHOLDER The SEP has been prepared, consulted, Ministry of Infrastructure and Public
ENGAGEMENT PLAN approved by the Association and the Works through the CI
Prepare, consult, adopt and disclose a Stakeholder Engagement Plan Recipient, and disclosed on March 30, 2022
(SEP), which shall (i) establish a systematic approach to stakeholder and shall thereafter be implemented
engagement that will allow for the proper identification of stakeholders throughout Project implementation.
and the establishment and maintenance of a constructive relationship
with them, particularly those affected by the project; (ii) assess the level
of interest and buy-in of stakeholders and allow for their views to be
taken into account in the design of the project and its environmental and
social performance (iii) Encourage the effective engagement of all
project-affected parties throughout the life of the project on issues that
could potentially affect them and provide the means to do so; (iv) Ensure
that stakeholders receive timely, understandable, accessible and
appropriate information on the environmental and social risks and
impacts of the project; and (v) Provide a means for project-affected
parties to easily raise concerns and complaints and for implementing
agencies to respond to and manage them.
–The SEP may be amended and updated (and redisclosed) as necessary
during the implementation of the Project.
26.1 PROJECT-LEVEL GRIEVANCE REDRESS MECHANISM Operationalize GRM before the start of the Ministry of Infrastructure and Public
Consistent with ESS10, develop, adopt, implement and maintain a Project activities. Works through the CI (Coordinator, SMSS,
grievance redress mechanism as described in the SEP. SMSE and GBV Expert)
During the whole project implementation
Develop and implement a Grievance Redress Mechanism for the entire period
Project, including independent GRM procedures to address the safe and
confidential management and referral of SEA/SH complaints to quality
services using a survivor-centered approach.
The project shall evelop and implement a communication plan for the
Grievance Redress Mechanism before and during the implementation to
ensure that indigenous peoples and potentially affected communities are
aware of the existence and implemented GRM in the areas of project and
the modalities for submitting complaints.
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CAPACITY BUILDING (TRAINING)
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27.2 Occupational Health and Safety Module: 1st to 5th year Ministry of Infrastructure and Public
Personal Protective Equipment (PPE); Works through the CI
Risk management in the workplace;
Prevention of accidents at work;
Health and safety rules;
Handling of fire extinguishers for firefighting;
Hazardous waste management (solid and liquid);
Emergency preparedness and response;
Prevention of the risks of spreading STIs and HIV/AIDS.
Community health and safety
Sensitization on environmental protection and road safety
Management of UXO risks
27.3 Employment and working conditions module: From 1st to 5th year (Throughout the Ministry of Infrastructure and Public
Terms and conditions of employment in accordance with the implementation of the projects) Works through the CI
national labour legislation of the DRC;
Codes of Conduct (CoC) for suppliers/suppliers and
subcontractors, including provisions related to SEA/SH;
Internal regulations of suppliers/suppliers;
Labour code;
International Labour Organisation (ILO);
Workers' organisations;
Rules on child labour and minimum age of employment for
children.
27.4 Grievance redress mechanism module, design and implementation of From 1st to 5th year (Throughout the Ministry of Infrastructure and Public
the module by integrating at least the following aspects, which shall implementation of the projects) Works through the CI
likewise include relevant information on managing and resolving SEA/SH
complaints:
Registration and handling procedure (including complaints
related to SEA/SH);
Complaint resolution procedure;
Documentation and handling of complaints;
Use of the procedure by various stakeholders;
Data collection tools/forms (including those specific to SEA/SH
complaint management).
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27.5 Hazardous and Biomedical Waste Management Module: From 1st to 5th year (Throughout the Ministry of Infrastructure and Public
Information on risks and health and safety advice, see the World implementation of the projects) Works through the CI
Bank Group's Environmental Health and Safety Guidelines for
the Management of Health Care Facilities, and international
good practice in this area
Basic knowledge of waste handling and risk management
procedures
Wearing of personal protective and safety equipment
Information on the waste separation process
Safe procedures for managing landfill waste
Emergency and rescue measures
27.6 SEA/SH Risk Module: Before the start of PACT activities and Ministry of Infrastructure and Public
Awareness raising, capacity building and measures to prevent periodically from year 1 to year 5 Works through the CI
and mitigate SEA/SH risks under project, including basic
concepts around SEA/SH prevention, mitigation, and response;
Care for survivors of gender-based violence:
Coordination of SEA/SH activities to be implemented under the
SEA/SH Action Plan and the GRM specific to management of
SEA/SH complaints;
Themes, activities and target audiences will be defined in the
project's SEA/SH Action Plan.
27.7 Introduction to risk and disaster management Before the start of PACT activities and Ministry of Infrastructure and Public
Types of disasters periodically from year 1 to year 5 Works through the CI
Disaster management
Disaster management plan preparation and contingency
planning
Disaster risk reduction
27.8 Specific module to indigenous populations: 1st to 3rd year Ministry of Infrastructure and Public
Health, hygiene and safety, including concerns related to Works through the CI
SEA/SH risks within IP communities;
Personal protective equipment;
Risk management in the workplace;
Prevention of accidents at work;
Hygiene and safety rules;
Solid and liquid waste management.
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27.9 Managing IPs' complaints: 1st to 3rd year Ministry of Infrastructure and Public
Types of mechanism, including procedures for the safe Works through the CI
and confidential management of SEA/SH complaints using
a survivor-centered approach;
Registration and handling procedure;
Level of handling, types of bodies and composition.
30 Violence against indigenous peoples: 1st to 3rd year Ministry of Infrastructure and Public
Legislation on GBV in DRC; Works through the CI
Care for survivors;
Complaints management, including for SEA/SH.
31 Introduction to risk and disaster management: 1st to 3rd year Ministry of Infrastructure and Public
Types of disasters Works through the CI
Disaster management
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