ISLAMIC REPUBLIC OF AFGHANISTANMINISTRY OF AGRICULTURE, IRRIGATION AND

LIVESTOCK (MAIL)

Environmental and Social Management Framework (ESMF)

And

Resettlement Policy Framework (RPF)

For the Afghanistan Strategic Grain Reserve Project (SGRP)

April 2017

Table of Contents

1. INTRODUCTION.........................................................................................................................6

1.1 Background.................................................................................................................................61.2 Project objectives.......................................................................................................................71.3 Project description...................................................................................................................71.3.1 Component A: Institutional Infrastructure and Capacity Building...................................81.3.1.1 Subcomponent A1: institutional Infrastructure...............................................................81.3.1.2 Subcomponent A2: Wheat Crop Estimation...................................................................91.3.1.3 Subcomponent Nutrition:......................................................................................................91.3.2 Component B: Physical Infrastructure.................................................................................91.3.2.1 Subcomponent B1: Kabul Silo............................................................................................101.3.2.2 Subcomponent B2: Balkh Silo:..........................................................................................101.3.2.3 Subcomponent B3: Herat Silo........................................................................................111.3.2.4 Subcomponent B4: Baghlan Silo................................................................................111.3.2.6 Subcomponent B6: Badakhshan Warehouse............................................................121.3.3 Component C: Project Management...............................................................................12

2. ENVIRONMENTAL AND SOCIAL MANAGEMENT FRAMEWORK (ESMF)...............................13

2.1 Need for ESMF.........................................................................................................................132.2 Methodology and Consultation................................................................................................132.3.1 Detailed and in-depth literature review..................................................................................142.3.2 Field Visits and Initial Environmental/Social Assessment....................................................142.3.3 Citizens Engagement and Stakeholder Meetings...................................................................142.4 Preparation of the ESMF..........................................................................................................142.4.1 Preparation of the ESMF involved......................................................................................14

3. RELEVANT GOVERNMENT LEGAL AND REGULATORY FRAMEWORK..................................14

3.1 National Laws and Regulations................................................................................................14

4. KEY SAFEGUARD ISSUES AND MITIGATION MEASURES.........................................................15

4.2 Potential Environmental and Social Impacts and Mitigations..................................................164.2.1 Potential environmental impacts............................................................................................164.2.2 Potential social impacts..........................................................................................................174.3 ESMF Objective and Process....................................................................................................174.3.1 The ESMF Objectives.............................................................................................................174.4 ESMP preparation.....................................................................................................................20

5. ESMF IMPLEMENTATION ARRANGEMENT............................................................................20

5.1 Institutional Responsibilities................................................................................................205.3 Monitoring and Evaluation.......................................................................................................235.3.1 Internal monitoring and reporting.......................................................................................235.3.2 External Monitoring............................................................................................................245.4 Gender.......................................................................................................................................245.5 Grievance Redress Mechanism (GRM)....................................................................................245.5.1 Grievance Redress Committee (GRC)...................................................................................255.5.2 Procedure of Dealing with Grievances..................................................................................255.5.3 Dissemination.........................................................................................................................26

5.5.4 Recording and processing of grievances............................................................................275.6 Communication.........................................................................................................................275.7 Disclosure.............................................................................................................................28

1. RESETTLEMENT POLICY FRAMEWORK (RPF)......................................................................30

1.1 Why A Resettlement Policy Framework (RPF).......................................................................301.1.1 The guiding principles of this RPF are:..........................................................................................30

1.2 Legal and Policy Framework for Resettlement........................................................................301.2.1 World Bank OP/BP 4.12................................................................................................................30

1.2.2 Afghanistan Law and Policy on Land Acquisition.........................................................................31

1.3 Key elements of a Resettlement Policy Framework.................................................................371.4 Eligibility for compensation.................................................................................................39

1.4.1 General eligibility...........................................................................................................................39

1.4.2 Land Tenure and Compensation Entitlements................................................................................39

1.4.3 Entitlements to Compensation & Livelihood Restoration............................................................40

1.5 Unit Compensation Rates and Budget......................................................................................411.5.1 Establishing Rates for Land Acquisition & Resettlement...............................................................41

1.5.2 Valuation of Land................................................................................................................421.5.3 Valuation of Structures........................................................................................................421.5.4 Valuation of Crops and Trees..............................................................................................421.5.5 Livelihood Restoration Support...........................................................................................431.6 Institutional Arrangements.......................................................................................................52

1.6.1 General.......................................................................................................................................52

1.6.3 Project Implementation.....................................................................................................531.7 Public Consultation and Participation......................................................................................54

1.7.1 General Public Consultations.........................................................................................................54

1.7.2 Public Consultation........................................................................................................................54

1.7.3 Site Meetings............................................................................................................................54

1.7.4 Consultations with Government Officials and Other Stakeholders................................................55

1.7.5 Preparation of Project Specific Informative Material.....................................................................55

1.7.6 Disclosure..................................................................................................................................55

1.8 Preparatory Actions and Implementation Schedule.................................................................561.8.1 Preparation Actions........................................................................................................................56

1.8.2 Process of RAP Implementation..................................................................................................57

1.9 Complaints and Grievance Redress..........................................................................................581.10 Monitoring and Evaluation.............................................................................................59

1.10.1 General.........................................................................................................................................59

1.10.2 Internal Monitoring......................................................................................................................59

1.10.3 External Monitoring.....................................................................................................................59

1.10.4 Management Information Systems...............................................................................................60

1.10.5 Reporting Requirements...............................................................................................................60

ANNEX 1: NEGATIVE LIST OF SUB PROJECT ATTRIBUTES............................................................I

ANNEX 2: CHANCE FIND PROCEDURES…………………………………………………………...II

ANNEX 3: SUB-PROJECT SCREENING CHECKLIST ……………………………………………….III

ANNEX 4: ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN (ESMP)……………………….V

ANNEX 5: ENVIRONMENTAL CODES OF PRACTICE (ECOP)...................................................XXI

ANNEX 6: PROCEDURES FOR MINE RISK MANAGEMENT…………………………………...XXIX

ANNEX 7: PREPARATION OF RESETTLEMENT ACTION PLAN (RAP)……………………..XXXIII

ANNEX 8: PUBLIC PARTICIPATION AND STAKEHOLDER INVOLVEMENT………………...XXXVII

ANNEX 9: SAMPLE GRIEVANCE REGISTRATION FORM…………………………………XXXVIII

ANNEX 10: OUTLINE OF PEST MANAGEMENT PLAN (PMP)…………………………………...XL

Abbreviations and Acronyms

AP Affected Person

APCs Affected Person Committees

CDC Community Development Council

DP Displace persons

ESIA Environmental and Social Impact Assessment

EMA External Monitoring Agency

ECOP Environmental Code of Practice

ESMF Environmental and Social Management Framework

ESMP Environmental and Social Management Plan

ESSU Environmental and Social Safeguards Unit

FAO Food and Agricultural Organization

GOA Government of Afghanistan

GRC Grievance Redress Committee

GRM Grievance redress mechanism

GRS Grievance Redress Services

HH Households

HQ Headquarters

MAIL Ministry of Agriculture, Irrigation and Livestock

M&E Monitoring and Evaluation

MRRD Ministry of Rural Rehabilitation and Development

NGOs Non-Government Organizations

NEPA National Environmental Protection Agency

NPS National project safeguard staff

OP/WB Operational Policy/Bank Procedure of the World Bank

O&M Operation and Maintenance

PDO Project Development Objective

PIU Program Implementation Unit

PSS Project safeguard staff

RAP Resettlement Action Plan

RPF Resettlement Policy Framework

SGRP Strategic Grain Reservoir Project

WB World Bank

WHO World Health Organization

Executive Summary

Introduction:

Agriculture is the main pillar of the Afghan economy, employing around 40 percent of the working force of the country, and providing support to approximately 80 percent of the population in their livelihood. Direct agriculture activities contribute by 25 percent to the GDP of the country; the number would be much higher if other related activities such as food processing, logistic, and trade of food items, are included.

Agriculture productivity per unit of land in Afghanistan is low compared to world standards and some of its neighboring countries for most of the crops. Arable land in Afghanistan is around 12 percent of its total area, with less than half of the cultivated land is irrigated, while the larger portion of crops is rain-fed. Along with the high annual growth rate of population, this makes the country import-dependent for a large number of major food products, including wheat. Malnutrition is another chronic challenge in Afghanistan. It is estimated that 33 percent of Afghans are food insecure. Access to basic food items is limited for many Afghans, with around 34.7 percent of rural households suffering from caloric deficiency in normal condition. This become even worse during times of shortages of supply.Given the fact that the agriculture sector in Afghanistan is not yet developed, in terms of adopting modern technologies, especially those related to climate resilient seeds, water management, and improved farming practices, this makes its agriculture production highly volatile, and vulnerable to sudden shocks, resulting from any unforeseen situation.Agricultural production in Afghanistan consists mainly of wheat, horticulture, nuts, and poppy 1. Due to the very high level of consumption per capita, and being major part of the Afghan diet, wheat accounts for more than 60 percent of total areas cultivated, with a total area of around 2.4 million hectares 2, almost equally split between irrigated and rain-fed cultivation, which creates high level of volatility in production every year. This has resulted in a fluctuating supply of wheat for households’ consumption on annual basis. This deficit of supply is mainly addressed by imports.

Recently, the government of Afghanistan has developed an ambitious plan to achieve self-sufficiency of wheat within five years through increased productivity, and minimizing post-harvest losses, in parallel the government is prioritizing the establishment of a grain reserve to respond to these unforeseen shocks, mainly through purchase quantities of the locally grown wheat.There are five main government owned silos, used for the storage of wheat and cereals located in the provinces of Kabul, Kandahar, Herat, Baghlan, and Balkh as spotted on the map of Afghanistan.

Project Objective:The development objective of the project is “To establish a wheat strategic reserve to be available to Afghan households to meet their post-disaster needs and improve the efficiency of the grain storage management”.

Project Description:The project aims to support the Government of Afghanistan, in building up a reserve of wheat that can be utilized in responding to any emergency situations the country may face, leading to shortages of supply of wheat, which is considered the most important food item for household consumption in the country. The project will also seek to address the malnutrition situation in Afghanistan through the introduction of a fortification program for the wheat stored under the grain reserve.

1 Agricultural Sector Review, World Bank, 20142 Agricultural Sector Review, World Bank, 2014

1

Parallel to this, the project will seek to enhance the conditions of the existing storage facilities through the rehabilitation of the three silos and two Greenfield silos in addition to the new warehouse. These silos are located in five different provinces in Afghanistan, and have been constructed over the last 30 – 50 years, with limited maintenance operations, and poor management. On average, it is reported that the actual storage capacity of the five silos is only around 25 percent.

The project will be implemented over five years, and will consist of the following three main components:Co m ponent A : I n stit u t i on a l I n fr a str u c t u r e and Ca p a c i t y Bu il d i ng This component will be focused on the establishment, and support the start-up activities of the propose entity to be in charge of managing the grain reserve.

Subco m ponent A 1 : i n s t it u t i onal I n fr a s t r uc t u r e Considering the importance of developing the strategic grain reserve of the country, it is equally important to establish the right institutional Infrastructure to manage this reserve. This will be crucial for the overall success of the project.

Subco m ponent A 2 : W h eat C r op E s ti m a ti o n This subcomponent will support improving the process of annual harvest estimation of wheat, which will enable the entity in charge of managing the grain reserve and other involved agencies in making well- informed decisions with regard to the additional quantities required to address the deficit of supply.

Subco m ponent A 3 : N u t r i t i on Considering the fact that wheat represents the main sources for caloric intake for Afghans, and the high percentage of malnutrition among them, this subcomponent will finance and provide technical assistance in addressing this issue. The adoption of best practices in terms of stock management will help maintain the quality of the grain stored.

Co m ponent B: Ph y si c al I n fr a s tr u c t u r e This component will finance the required physical engineering work including the rehabilitation of the existing silos, and also the establishment of a new warehouse facility in the east north region of the country considering its high vulnerability. Activities of the component are based on the outcome of the field assessment conducted during the project preparation process.

Subco m ponent B 1 : K ab u l S il o The silo is located inside the city of Kabul, the capital of Afghanistan. It was built in 1956, over an area of around 20 Hectares, with a storage capacity of 50,000 tons. The location contains grain intake building, four scales, bakery, flour mill, and administrative buildings. In 2012, the World Food Program established a modern warehouse with a storage capacity of around 22,000 tons, replacing an old warehouse, which was demolished. The new warehouse is located in the vicinity of the silo.

Subco m ponent B 2 : Ba l k h S il o : This silo is located close to the south of the center of Mazar-e-Sharif city, capital of Balkh province, and one of the large cities in Afghanistan, and is the major trading hub for north Afghanistan.

Subco m ponent B 3 : H e r at S il o The silo is located around 10km south of the Herat city center, it was built in 1973, over an area of three Hectares, with a storage capacity of 20,000 tons. The site includes a grain intake building, and a warehouse with a storage capacity of 2,500 tons, the warehouse is equipped with a bagging machine. There two scales with capacity of 30 tons each, in addition to another scale with a capacity of 120 tons.

2

Subco m ponent B 4 : Ba g h l a n S il o This silo is located in the city of Pul-e-Khumri, the capital of Baghlan province. The silo was built in two Phases, the first phase was in 1957, with a storage capacity of 20,000 tons, and the second phase was built in 1984 with a similar capacity.

Subco m ponent B 5 : K and ah ar S i l o This silo was built in 1973, with a storage capacity of 20,000 tons, and is built over five hectares. The site includes a small warehouse with a storage capacity of 2,500 tons, there are two scales on site with a capacity of 30, and 100 tons respectively.

Subco m ponent B 6 : Bada kh s han W a r ehou s e This subcomponent builds on the outcome of the vulnerability assessment carried out by the Bank as part of the project preparation process, and also the data collected from MAIL and other donors on presence of storage facilities in the east north region of Afghanistan.

Co m ponent C: P r o j e ct M a n a g e m ent

This component will finance activities related to the establishment and operations of a Project implementation Unit (PIU) to be in charge of managing all project activities. The PIU will be located at MAIL in Kabul, and will be responsible for all implementation activities including the finalization and development of the required institutional structure which will eventually be responsible for managing the grain reserve.

Potential environmental and social impacts of the project components: The potential negative impact of subprojects will be minor, localized, temporary, and can be mitigated through good construction practices with close supervision and monitoring. Involuntary land acquisition and resettlement is expected under the project only for the undetermined sites, however rehabilitation works do not need additional land.

Policy and Legal Regulatory Environment

W o rl d B an k O p e r a t i o n P o l i ci es t r i g g e r ed i n SGRP

Safeguard Policies Triggered by the Project Yes No TBDEnvironmental Assessment (OP/BP 4.01) [X] [] []Natural Habitats (OP/BP 4.04) [] [X] []Pest Management (OP 4 .0 9) [X] [] []Physical Cultural Resources (OP/ BP 4 .11 ) [] [X] []Involuntary Resettlement (OP/BP 4.12) [X] [] []Indigenous Peoples (OP/BP 4.10) [] [X] []Forests (OP/BP 4.36) [] [X] []Safety of Dams (OP/BP 4.37) [] [X] []Projects in Disputed Areas (OP/BP 7.60) [] [X] []Projects on International Waterways (OP/BP7.50) [] [X] []

The primary relevant laws and legislations framing social and environmental issues which need to be considered in relation to the Strategic Grain Storage Project are:

a. The Environment Law of Afghanistan (2007)b. The EIA regulations (2008)

3

c. The Law on Managing Land Affairs (2008)d. The Law on Land Expropriation (2009)

The Strategic Grain Storage sub-projects will also be required to take account of the requirements of the National Environmental Protection Agency (NEPA).

The Environmental and Social Management Framework: Since the location and features of only two subprojects are known for whom site specific ESMPs would be prepared according to the provisions of this ESMF document, but by appraisal time we will have such information about the three subprojects extent of some sub projects are not know at this time the Strategic Grain Storage Project is required to prepare therefore a Framework is adopted and this ESMF is prepared. The ESMF has some basic principles, tools, guidelines, check lists and etc. The Environment and Social Safeguard Management Framework (ESMF) is prepared in accordance with World Bank requirements. The ESMF includes a Negative List of attributes which excludes sub-project from being funded under the Strategic Grain Storage Project. The ESMF prescribes guidelines and procedures to ensure that the proposed project avoids, minimizes, and/or mitigates adverse environmental and social impacts of the project activities and interventions. The ESMF builds to mainstreams environmental and social measures into all overall project planning, implementation, reporting and evaluation. The ESMF provides guidance for the preparation of Environmental and Social Management Plans (ESMPs) for sub-projects under the Strategic Grain Storage Project.Since the silos operators will be using fumigation for controlling pests to control the quality of the stored wheat the WB OP 4.09 (Pest Management) Policy is triggered. Therefore, the ESMF is requiring that the project should prepare during the implementation stage a Pest Management Plan (PMP) to enable the silos facilities operators to properly use the relevant fumigations, observe Environmental Health and Safety issues during the application of the fumigants. The outline for the PMP is included under annex 10.

The Resettlement Policy Framework: The Resettlement Policy Framework (RPF) has been prepared in compliance with the OP 4.12, and Afghanistan Law on Land Expropriation (LLE), the RPF will guide SGRP/MAIL to address social safeguard compliance issues arising at project planning and implementation stages.

The objective of this RPF is to outline the principles of resettlement and compensation thereof as and when the project reaches that stage. This will not only ensure consistency in resettlement planning but also develop the capacities of the implementing and supervising agencies gradually and simultaneously.Stakeholder consultations and participation: Greater priority will be placed on outreach to and consultations with different stakeholder groups especially poor and marginalized groups such as female headed households to ensure that these groups share the benefits of the project.

Institutional Arrangements: The Head of the Project Implementation Unit (PIU) within MAIL will have overall responsibility for ensuring compliance with the ESMF requirements. Safeguards team at national and regional levels will have specific responsibilities for developing and overseeing the implementation of ESMF safeguards requirements during all phases of the SGRP.

Monitoring and Evaluation: Safeguard teams together with local communities and local government staff will be responsible for monitoring that mitigation measures in ESMPs are both adequate and implemented satisfactorily. Quarterly reports will be submitted to the PMU management. An annual environmental and social technical audit will be conducted by an independent entity agreed by both MAIL and the World Bank.

Grievance Redress Mechanism: In order to ensure transparency and accountability, the grievance redress mechanism (GRM) will be prepared to address complaints related to project activities will be

4

strengthened as part of the ESMF implementation. Safeguards staff will have an important role in ensuring that affected communities have a full understanding of the GRM, and ways to access it.

CommunicationsA communications strategy and plan will be developed to help increase the overall effectiveness of the project.

5

1. Introduction

1.1 Background Afghanistan is a landlocked country, surrounded by Tajikistan, Uzbekistan, and Turkmenistan in the north, Iran in the west, Pakistan in the south and southwest, and China in the northeast. The country is divided into thirty four provinces, each province consists of a number of districts. Within these districts, most families live in villages. Rural households make up around 80 percent of the population, which is estimated to be 32.5 million (World Bank, 2015), with one of the highest growth rates of population worldwide (3 percent / year). The Gross Domestic Product (GDP) of Afghanistan is around $ 19.2 billion (World Bank, 2015). Over the last several decades, the country went through wars, and internal conflicts, resulting in weak economy, and absence of some of the basic services in parts of the country. All economic activities, and the potential for economic growth in Afghanistan have been badly affected by the deteriorating security situation, and the uncertainty about its political future, with around 39 percent of the Afghans falling under the poverty line (World Bank, 2013). Recently, Statistics showed negative levels of consumers’ prices index reflecting the high unemployment rates, and the weak economic conditions. The security situation remains a serious challenge, it has even deteriorated recently in some areas of the country, with limited presence or control from the government.Agriculture is the main pillar of the Afghan economy, being the second contributor to the GDP, following the services sector, which primarily depends on the presence of the international community in Afghanistan. The agriculture sector employs around 40 percent of the working force of the country 3, and provides support to approximately 80 percent of the population in their livelihood. Direct agriculture activities contribute 25 percent to the GDP of the country. The number would be much higher if other related activities such as food processing, logistic, and trade of food items, are included. Wheat and its related activities such as logistics, and milling represents around 6.5 percent of the national GDP on the country. Agriculture productivity per unit of land in Afghanistan is low compared to world standards and some of its neighboring countries for most of the crops. Arable land in Afghanistan is around 12 percent of its total area, with less than half of the cultivated land is irrigated, while the larger portion of crops is rain-fed. Along with the high annual growth rate of population, this makes the country import-dependent for a large number of major food products, including wheat. Malnutrition is another chronic challenge in Afghanistan. It is estimated that 33 percent of Afghans are food insecure. Access to basic food items is limited for many Afghans, with around 34.7 percent of rural households suffering from caloric deficiency in normal condition. This become even worse during times of shortages of supply.Given the fact that the agriculture sector in Afghanistan is not yet developed, in terms of adopting modern technologies, especially those related to climate resilient seeds, water management, and improved farming practices, this makes its agriculture production highly volatile, and vulnerable to sudden shocks, resulting from any unforeseen situation.Agricultural production in Afghanistan consists mainly of wheat, horticulture, nuts, and poppy4. Due to the very high level of consumption per capita, and being major part of the Afghan diet, wheat accounts for more than 60 percent of total areas cultivated, with a total area of around 2.4 million hectares5, almost equally split between irrigated and rain-fed cultivation, which creates high level of volatility in production every year. This has resulted in a fluctuating supply of wheat for households’ consumption on annual basis. This deficit of supply is mainly addressed by imports.

Additionally, the political relations between Afghanistan and its neighbors, affects to a large extent the flow of goods to the country, bearing in mind its position as a landlocked country, with limited access to international trade and supply routes. By nature, Afghanistan is also prone to other natural disasters such as earthquakes, which adds to the already 3 Agricultural Sector Review, World Bank, 20144 Agricultural Sector Review, World Bank, 20145 Agricultural Sector Review, World Bank, 2014

6

weak situation in the country. When such incidents occur, supply of wheat through the regular channels become more challenging, and many Afghans especially the poor lack access to wheat for their daily diet. Altogether, these factors puts Afghanistan in a very fragile situation with regard to its ability to secure basic food requirements specially wheat, for the need of its citizens especially at times of shortages of supply due to unforeseen situations, and emphasizes the need to establish a strategic reserve of wheat to be utilized during possible deficits of supply.

1.2 Project objectivesThe development objective of the project is “To establish a wheat strategic reserve to be available to Afghan households to meet their post-disaster needs and improve the efficiency of the grain storage management”.

1.3 Project descriptionThe project aims to support the Government of Afghanistan, in building up a reserve of wheat that can be utilized in responding to any emergency situation the country may face, which usually leads to shortages of supply of wheat, which is considered the most important food item for household consumption in the country. Emergency situations occurring in Afghanistan are generally due to unforeseen weather conditions such as severe drought resulting in share decline in the local wheat crop, natural disaster such as earthquakes, which is frequent in the country, and usually results in limiting people’s access to wheat. Declaration of an emergency situation is assigned to a ministerial committee. The entity that will be established by the project to manage the reserve will coordinate with this committee as part of its tasks in working closely with relevant stakeholders. In this regard, the entity will be prepared to act on up the declaration of an emergency situation in the country, to do so, the new entity will have its own operational procedures for actions to be taken to respond accordingly. The objective of the project will be achieved through the establishment of an autonomous entity to manage the grain reserve. This entity will be responsible for obtaining and receiving wheat internationally and locally, from aid provided by other countries, and also the purchase of wheat from local and international markets, and managing the handling, storage, and distribution operations of wheat, while ensuring that quality is maintained through the adoption of global best practices in this regard. In order to enable the new entity in becoming well-positioned to help in responding to emergency situations, the project will work on building existing capacities under MAIL, and benefit from those have gained the required knowledge in the activities of the new entity, in addition to adding additional calibers as needed.

The objective of the project will also be achieved through the improvement of the existing storage capacities through rehabilitation process, and also the establishment of Greenfield facilities. On this regard, the project will decide on the selection between different options of silos rehabilitation versus the establishment of Greenfield facilities. Currently, the proposed activities includes the rehabilitation of the two silos located in Mazar-e-Sharif, and Pul-e-Khumri, considering that both are in relatively good condition, while establishing three greenfield silos in Kabul, Kandahar, and Herat considering the level of work required for rehabilitation is significant, and also the fact that one of these silos (Kabul), is now being in the center of the city, which may have negative impact on the surroundings if rehabilitated.

The objective of establishing the grain reserve will remain only to respond to emergency situations in the country. However, in order to maintain the quality of the wheat stored, and as a common practices in managing grain stocks, a portion of the wheat will be offered for sale annually on basis of stock replenishment. The sale of wheat will be at the prevailing market prices, and will be in a manner that has no impact on market dynamics, and will not engage in price setting.

The project will utilize new technologies in developing a wheat crop estimation tool, which will provide accurate forecasts for the locally grown wheat in Afghanistan, to assess the needs for imports based on local supply, and annual consumptions rates.

7

The project will also seek to partially address the malnutrition situation in Afghanistan through the introduction of a fortification program for the wheat / wheat flour distributed under the project. The fortification of wheat flour will be achieved in collaboration with the World Food Program, which enjoys solid on ground presence in Afghanistan, and have already established large network with hundreds of local wheat millers to ensure implementation of the fortification program during wheat milling. Both activities of the development of the crop estimation, and the nutrition support, will be subcomponents under the first component, which covers the establishment of the grain reserve management entity, and the related intuitional infrastructure development.

Implementation of project activities will be carried out by a transit Project Implementation Unit (PIU), until the entity that will be in charge of managing the grain reserve is established, then it will take over from the transit PIU. The project will be implemented over five years, and will consist of the following three main components:

1.3.1 Component A: Institutional Infrastructure and Capacity BuildingThis component will be focused on the establishment, and support the start-up activities of the proposed entity to be in charge of managing the grain reserve. Activities of the component will also include the development of the crop estimation system, and also include activities related to the nutrition, and wheat fortification.

1.3.1.1 Subcomponent A1: institutional InfrastructureEffective management of the reserve will be a critical component of both the effectiveness of the reserve in addressing emergency food needs, and ensuring its long term sustainability. A large number of past reserve programs in other countries have failed largely either due to ineffective management of the reserve, or due to political interference in decisions concerning stock releases, procurement prices and other management decisions. To address this issue, an authority will be established that is independent of MAIL or other government body to manage the SGR. This authority will be tasked with making grain purchases, managing stocks while they are in the reserve, and making sales in the case that aging stocks need to be sold and replaced with newer ones6. In turn the independent authority will be overseen by a board of directors on which MAIL and other relevant government ministries will have a chair. Emergency disbursements will be decided by the board after which, the independent authority will execute such disbursements.

The independent authority will operate as part of the Project Implementation Unit at the outset of the project. Substantial technical assistance will be introduced at the start to introduce sound management techniques for the authority. This will be coupled with technical assistance in the area of grain storage management, logistics, contracts management and accounting, and other necessary skills. In this regard, WFP may serve as a partner in providing technical assistance in this area as it has considerable expertise on this issues and substantial experience in managing grain stocks in Afghanistan. In addition to this, it may prove very useful to provide a study tour to both SGR MAIL staff to enable them to see how such reserves function in other country contexts. Bangladesh and Ethiopia would be very high on the list of potential other country experiences to which Afghanistan might benefit.

Finally, it is foreseen that such capacity building activities would occur through the first three years of the project, and that by the start of the fourth year, the authority would be operating as a completely independent entity outside of both the PIU and MAIL.

6 An important element of the SGR operations will be to not create market distortions in the purchase or sale of grain. In this regard, the size of the reserve (170,000MT total) relative to the size of the total grain market in Afghanistan (Consumption o/a 500,000MT per month) is relatively small such that concerns regarding potential market distortions are not particularly significant.

8

1.3.1.2 Subcomponent A2: Wheat Crop EstimationFood insecurity in Afghanistan in many cases is an outcome of high rates of volatility of domestic production. To address this issue, the project will work with FAO and MAIL to enhance capabilities at MAIL for remote monitoring for crop estimation. FAO ha substantial experience in undertaking this type of work in a wide range of country contexts. It is anticipated that a technical expert on remote sensing will be posted long term to work with the counterpart unit within MAIL. MAIL already has initial capabilities in this area as a result of earlier donor efforts. However, at present there is still substantial work to be done to refine and better calibrate techniques regarding a range of agro-meteorological monitoring approaches within MAIL.

The project will access the remote monitoring capabilities already existing within FAO. However, there is substantial work to be done to calibrate and better understand the direct relationship between the results of satellite imagery and actual productivity rates that these represent. This can only be done through a program that specifically works to better refine the correlation of remote sensing imagery to what is happening directly in the field. The program will work directly toward the objective of establishing this capacity within MAIL.

Activities of this component will include using remote sensing, and GIS technologies in developing wheat crop estimation system. Specifically, the wheat crop area estimation will be developed based on satellite based area frame sampling which involves a stratification process of grouping homogenous districts of Afghanistan in terms of wheat crop intensity, irrigation systems utilized, and use statistical data to estimate the areas, and estimate projected crop output. In turn, these estimates will be compared with field crop estimates that have been underway in Afghanistan for some time. As possible, the sampling technique and approaches to field measurement for on the ground estimates may also receive technical assistance to improve the accuracy of field based production estimates.

The outcome of this activity will be a better crop forecasting ability within MAIL which will make it considerably easier and more effective to forecast and anticipate food security conditions, food requirements and import needs over a coming 6 to nine month period. In turn, equipped with a better monitoring infrastructure, assistance needs will be able to be made in more timely manner which will reduce the need for emergency ad hoc food requests.

1.3.1.3 Subcomponent Nutrition: Malnutrition and undernutrition are widespread in Afghanistan. The project will not attempt to address nutrition issues in Afghanistan directly as that is not the project’s objective. However, it will support nutrition interventions in the form of a flour fortification program. This is an extremely cost effective way to improve overall nutrition levels in a manner that is relatively simple and straightforward.

The project will collaborate with both FAO and WFP for the incorporation of a flour fortification program to be standard practice in all SGR facilities. Flour fortification is standard practice for all WFP wheat flour. This was done through a skills training program for all flour mills that they contract with.

The fortification pre-mix is procured internationally. The mechanical apparatus to mix the pre-mix into the milled flour will be installed in all bagging units of SGR facilities. After this, SGR facility staff will be trained in how to use the equipment properly so that fortification is effectively incorporated into the milled flour. The project will also liaise with the Global Alliance for Improved Nutrition (GAIN) to ensure that best practices concerning flour fortification strategies are incorporated into project operations.

1.3.2 Component B: Physical InfrastructureThis component will finance both the rehabilitation and new Greenfield construction of the five existing storage facilities, in addition to the construction of a new warehouse facility in the northeast region of the country.

9

Rehabilitation will be undertaken for the two storage facilities of Mazar Sharif and Pul-e-Khumri. For these facilities, rehabilitation has shown itself to be the most economical way to restore the functionality of these facilities. New Greenfield construction will be undertaken for the facilities of Kabul, Herat and Kandahar as this was found to be either the most economical or the most effective way forward to restore the functionality of these storage facilities.

This component will finance the required physical engineering work including the rehabilitation of the existing silos, and also the establishment of a new warehouse facility in the north east region of the country, considering its high vulnerability. Activities of the component are based on the outcome of the field assessment conducted during the project preparation process.

Construction will occur in a staged approach. In year one, construction/rehabilitation will be initiated on the Mazar Sharif facility while new construction of a new Greenfield warehouse will begin in Badakhshan. Construction will follow in subsequent years of the project so that by year four, all of the grain reserve facilities should be fully operational.

It is currently proposed that under this component, three Greenfield silos will be established in Kabul, Kandahar, and Herat, while the two silos located in Mazar-e-Sharif, and Baghlan will undergo a rehabilitation process considering that both are in relatively good condition compared to the others. However, the final decision between different options of rehabilitation versus Greenfield will be made by the project itself during the first year of implementation according to the actual situation, and real cost estimate.

1.3.2.1 Subcomponent B1: Kabul SiloThe silo is located inside the city of Kabul, the capital of Afghanistan. It was built in 1956, over an area of around 20 Hectares, with a storage capacity of 50,000 tons. At time of construction, this facility was located outside of the city, now with the development and expansion of Kabul, the silo is located in the heart of the city. It is considered that it is economically feasible to consider using the land for real estate development objectives, and also to bear in mind that fact the if the silo is rehabilitated in the same location, the expected logistical activities will create negative impact on the surroundings.

In light of these factors, it is more economical and more logistically feasible to re-establish the storage facility in another area. MAIL already owns several of plots of lands outside of Kabul that can be used in this regard. By using these land, it is not anticipated that there would be any issue with regard to displaced persons or the need to relocate persons living on or using this land.

The capacity of the new facility will also be 50,000 MT but will be steel silo rather than concrete silo. Greenfield construction of the facility also enables the economic installation of all necessary grain temperature and humidity controls. The modular construction of steel silos also allows to the potential capacity expansion of the facility should this be deemed necessary.

1.3.2.2 Subcomponent B2: Balkh Silo:This silo is located close to the south of the center of Mazar-e-Sharif city, capital of Balkh province, and one of the large cities in Afghanistan, and is the major trading hub for north Afghanistan. It was built in 1984, with a storage capacity of 40,000 tons, and an overall area is around 9.5 hectares. The site includes wheat intake building, three scales, flour mill, and a bakery, in addition to administrative and services buildings. Overall, the site and the silo which is built of concrete are in good condition. Three warehouses owned by MAIL are located in the vicinity of the location, with a total storage capacity of 10,000 tons. The activities of the subcomponent will commence with site clearing from all existing unwanted materials, and the investment will include replacing all doors, and exteriors of the silo, expand the grain intake building, replacement of two 35 tons scales with one scale of 100 tons capacity, repairs to the bagging and loading unit, and expansion of the driveway. The work will also cover the establishment of a quality control laboratory.

10

Parts of the machinery will be demolished and replaced with new items, this will include conveyor belts, inline weighting devices, buckets, a dust control system, and electrical cables. The work under this subcomponent will also include adding a source of power, and the installment of a waste water management system, and roof insulation. Activities of this component will not include the warehouses next to the facility.

1.3.2.3 Subcomponent B3: Herat SiloThe silo is located around 10km south of the Herat city center, it was built in 1973, over an area of three hectares, with a storage capacity of 20,000 tons. The site includes a grain intake building, and a warehouse with a storage capacity of 2,500 tons, the warehouse is equipped with a bagging machine. There two scales with capacity of 30 tons each, in addition to another scale with a capacity of 120 tons.

Activities under this subcomponent will include the establishment of the new silo with a storage capacity of 20,000 tons similar to the original silo. The new silo will be made of steel rather than concrete construction. Greenfield construction of the facility also enables the economic installation of all necessary grain temperature and humidity controls. The modular construction of steel silos also allows to the potential capacity expansion of the facility should this be deemed necessary.

1.3.2.4 Subcomponent B4: Baghlan SiloThis silo is located in the city of Pul-E-Khumri, the capital of Baghlan province. The silo was built in two phases, the first phase was in 1957, with a storage capacity of 20,000 tons, and the second phase was built in 1984 with a similar capacity. Accordingly the overall storage capacity of the silo is 40,000 tons. It is equipped with two scales, one with a capacity of 120 tons, and the other with a capacity of 25 tons. The site operating grain intake building, and a flour mill, and six small warehouses, primarily used for the storage of equipment and spare parts. Activities funded under this subcomponent will include site clearing, and removal of all unneeded items from the site. The small scale with capacity of 25 tons will be repaired and upgraded. The grain intake building will undergo renovation including replacement of doors, expansion of grills, and the installation of new roof. The main silo building will require repairs, especially the older phase, this will include new roof, insulation system, replacement of windows and doors, pest control system, and floor and wall cracks. Quality control laboratory will be installed on site. There are two power generators on site, both are not working, and will be replaced with new items, a new water well, pump, and tank will be installed as well. The subcomponent will finance establishing a new bagging, and loading unit on site, and will also cover replacement of the existing conveyor belts, elevators’ buckets, inline weighting system, dust control system, and grain cleaners. Activities of this subcomponent will not include the warehouses located on site.

1.3.2.5 Subcomponent B5: Kandahar SiloThis silo was built in 1973, with a storage capacity of 20,000 tons, and is built over five hectares. The site includes a small warehouse with a storage capacity of 2,500 tons, there are two scales on site with a capacity of 30, and 100 tons respectively. Due to the large amount of conflict prevalent in Kandahar over the past several decades, the facility is in such a state of disrepair that it is more economical to construct new storage facilities than to try to repair the existing one.

The new Greenfield construction will consist of modular steel silos with a storage capacity of 20,000 MT along with the necessary up to date mechanical infrastructure for grain storage management. As the site is in such a substantial state of disrepair a large amount of the old demolished structures will be removed to clear the area for operations. The facility will be equipped with a grain receiving station and weigh scale. A workshop, water pump and tanks will also be installed on site. The facility will be equipped with a generator to ensure smooth operations in the event of power failures. A bagging and loading station will also be installed. 50 kg bags

11

loaded on to trailer trucks is the most common means of transporting grain in Afghanistan. Bagged grain also allows for the efficient distribution of wheat for emergency programs.

1.3.2.6 Subcomponent B6: Badakhshan WarehouseThis subcomponent builds on the outcome of the vulnerability assessment carried out by the Bank as part of the project preparation process, and also the data collected from MAIL and other donors on the presence of storage facilities in the north east region of Afghanistan. The activities of this subcomponent will commence by assessing different plots of land owned by MAIL in Badakhshan province, preferably close to the capital city of Fayzabad. Criteria for land selection will include the topography of the land being flat, with no signs of elevation or slopes, with an area of around 5 - 6 hectares, and are connected to main roads for ease of access. Design and preparation work will be carried out to establish a modern warehouse, with steel construction, suitable for the storage of bagged and bulk wheat. The site should include weight bridge scale, ventilation system, quality control laboratory, and pest and dust control systems. The site will include area for trucks’ movement and maneuvering. The warehouse will be designed and built to carry out a stock of around 25,000 tons of wheat. This subcomponent will benefit from the accumulated experience of the World Food Program in this design, and installation of similar warehouses in Afghanistan and in other countries.

1.3.3 Component C: Project ManagementThis component will finance activities related to the establishment and operations of a Project Implementation Unit (PIU), to be in charge of managing all project activities. The PIU will be located at MAIL in Kabul, and will be responsible for all implementation activities including the finalization and development of the required institutional structure which will eventually be responsible for managing the grain reserve. The PIU will be transitional, so that once the new entity in charge of managing the strategic grain reserve is established and fully functioning, the PIU will be handing over all of its assignments and activities to it. It is anticipated that this step will take place by the end of the third year of the lifetime of the project. However, prior to the establishment of the grain reserve managing entity, the PIU will be in charge, and will coordinate all its activities with the SGR directorate and other units under MAIL. The PIU will also be responsible from the start of the project for the rehabilitation of these silos, in areas of hiring consultants, advisors, and carrying our all related procurement work. The PIU will be also responsible for coordination with other governmental agencies. The PIU will include managerial, technical, and fiduciary staff, and will be also responsible identifying the areas where it will require international expertise, and will carry out all their hiring process in line with the World Bank guidelines.

Figure: SGRP Silo sites Map

12

2. Environmental and Social Management Framework (ESMF)

2.1 Need for ESMFTo comply with WB’s safeguard policy, as all the subprojects could not be identified by appraisal, preparation of an Environmental and Social Management Framework (ESMF) is required to ensure that the proposed the Strategic Grain Storage Project avoids, minimizes, and/or mitigates adverse environmental and social impacts of the project activities and interventions.

This ESMF is expected to be implemented under the Strategic Grain Reserve Project (SGRP). The ESMF is a legally binding document to be included in the financial agreement of the SGRP.An ESMP is needed for each of the ancillary facilities in each of the provinces and the location of which will be decided during project implementation and the tasks to address under component B.

The activities under SGR will include the rehabilitation of three silos and two Greenfield silos along with new warehouse. This ESMF presents the guideline for preparation of Site Specific ESMP. The ESMF highlights the guidelines, codes of practice and procedure to be taken into consideration for integration of environmental and social aspects into the project design.

Adhering to the principles and guidelines and using the potential environmental issues layout in ESMF, will help the implementing agencies to ensure compliance with the related Government Policies and associated rules regulations and also with the environmental safeguard polices of the World Bank.

The purp o s e o f the ES M F during Construction Stage is : i. To provide as much information as possible about environmental and social impacts

(including possible land acquisition and resettlement) at the project’s current state of preparation;

i. To inform subproject planning and design process by comparing potential impacts of alternative locations, configurations, and construction techniques that are under consideration; and

ii. To describe procedures for subsequent assessment of impacts and development of appropriate impact management instruments when the details of the sub-projects become available.

iii. Provide Environmental Health and Safety (EHS) guidance for the labor, including but not limited to Safety gears, first aid, drinking water, hygiene and Sanitation in the labor camps and in on the work site as well as the relevant communities that might be damaged by the construction works.

iv. The ESMF is requiring also to adhere to proper use of fumigation according to WHO and USEPA guidelines during operation of the silos’ facilities, use needed and approved gears and equipment and etc. and to be only used by trained operators.

The Purpose of the ESMF during the Operation Stages is:i. To provide guidance on safety, sanitary conditions for the staff and labors working during

Operation Stage of the project

2.2 Methodology and ConsultationThe preparation of the EMSF and RPF were undertaken by Mohammad Ishaq Sahebzada Safeguard Specialist at OFWMP/MAIL and Mohammad Mustafa Sahebzada Freelance Environmental Research Expert, tools and methods which are used during the ESMF and RPF preparation are desk/literature

13

review, site visits, interview and consultation. Based on the methodology below activities carried out.

2.3.1 Detailed and in-depth literature reviewIn the absence of a proper detailed feasibility study report for the proposed project, the consultant relied on the rapid environmental and social assessment reports that the consultant prepared. A review on the existing baseline information and literature material was undertaken and helped in gaining a further and deeper understanding of the project. The consultant undertook detailed review and analysis of the national relevant legislations, policies and guidelines including the World Bank Safeguards Policies.

2.3.2 Field Visits and Initial Environmental/Social Assessment The Ministry through the independent consultant Mohammad Mustafa Sahebzada with OFWMP regional team facilitation in Balkh, Baghlan, Kabul and Herat) made visits to the already identified sub-projects sites Kabul, Mazar-e-Shari, Herat, and Pol-e-Khumri, in order to familiarize with the issues on the ground and appreciate the concerns. An Initial Environmental and Social Assessment were undertaken and Rapid Assessment Reports prepared

2.3.3 Citizens Engagement and Stakeholder MeetingsVarious discussions / meetings were held with the staff, the safeguard consultants at the World Bank and various Local Government Officials as well as Citizen Engagements at Provinces. These discussions were very insightful in understanding the issues and are the basis for most of the measures contained in this ESMF.

2.4 Preparation of the ESMF

2.4.1 Preparation of the ESMF involvedi. Collation of baseline data on the environmental conditions of the project area;

ii. Identification of positive and negative environmental and social impacts;iii. Identification of environmental and social mitigation measures;iv. Preparation of screening procedures to be used while screening sub-project proposals; andv. Formulation of environmental and social monitoring plans.

3. Relevant Government Legal and Regulatory Framework

3.1 National Laws and RegulationsA. The Environmental Law (2007): The law was developed based on international standards taken into

account the environmental condition in the country and is considered comprehensive. It stipulates for sustainable use, rehabilitation and conservation of biological diversity, forests, land, and other natural resources as well as for prevention and control of pollution, conservation and rehabilitation of the environment quality, active involvement of local communities in decision-making processes including stated that the affected persons must be given the opportunity to participate in each phase of the project. The law requires the proponent of any development project, plan, policy or activity to apply for an environmental permit (called the Certificate of Compliance or CoC) before implementation of the project by submitting an initial environmental impact assessment to the National Environmental Protection Agency (NEPA) to determine the associated potential adverse effects and possible impacts. The law also establishes a Board of Experts that reviews, assesses and considers the applications and documents before NEPA could issue or not issue the permit. The EIA Board is appointed by the General Director of the NEPA and is composed of not more than 8 members. The EIA Board of Expert’s decision can be appealed.

B. The EIA regulations (2008): This was established as the Administrative Guidelines for the Preparation

14

of Environmental Impact Assessment (EIA). It provides a list of project expected to create adverse impacts (category 1) and those that may create significant negative impacts (category 2/B) and describes specific process/procedures and the required documents for each category. Once the application form and other relevant documents are submitted to NEPA according to the requirements, NEPA would: (i) issue a CoC, with or without conditions, (ii) advise the applicant in writing to review the technical reports and address the concern of NEPA, or (ii) refuse the CoC with written reasons. Once permission is granted the proponent needs to implement the project within three years otherwise, the permit expires. Implementation constraints include (i) effective application of EIA procedures by private and public proponents; (ii) monitoring of the implementation of the ESMP; (iii) the expertise and means for quality analysis necessary to determine compliance reports; (iv) the ownership of the EIA process by line ministries; (v) limited knowledge, experience, and capacity of staff; and (vi) the coordination, monitoring, and harmonization of various requirements by international agencies involved in technical and financial supports.

C. The Law on Managing Land Affairs (2008): aims to create a legislated unified, reliable land management system. This Law also aims to provide a standard system for land titling, land segregation and registration; prevent illegal land acquisition and distribution; access to land to people; and conditions for appropriation of lands. The Law on Managing Land Affairs provides that, inter alia, the management of land ownership and related land management affairs is the responsibility of the MAIL (Article 4). However, in June 2013, The Afghan Independent Land Authority (Arazi was established as a separate agency, and the mandate on land administration and management transferred from MAIL to Arazi. If no title deeds are possessed, a land settler may claim land ownership providing conditions are met, including that: there are signs of agricultural constructions; land owners bordering the said plot can confirm settlement of the land user for at least 35 years; the land is not under Government projects and is up to a maximum 100 Jeribs (Article 8). The Law is currently under revision with amendments being reviewed by MoJ. If approved amendments may have implications for compensation in terms of expanded recognizable claims.

D. T h e Law on Land Expropriation (2009): provides the legal basis for land acquisition and compensation. The law is under amendment, which will address the major gaps to protect the right of the affected people.

4. Key Safeguard issues and Mitigation Measures

4.1 World Bank Operation Policies triggered in Strategic Grain Reserve Project (SGRP)The ESMF has a Negative List (Annex 1) with attributes which will exclude a sub-project from funding under the SGRP.

Safeguard Policies Triggered by the Project Yes No TBD

Environmental Assessment (OP/BP 4.01) [X] [ ] [ ]Natural Habitats (OP/BP 4.04) [] [X] [ ]Pest Management (OP 4 .0 9) [X] [] [ ]Physical Cultural Resources (OP/ BP 4 .11 ) [ ] [X] [ ]Involuntary Resettlement (OP/BP 4.12) [X] [ ] [ ]Indigenous Peoples (OP/BP 4.10) [ ] [X] [ ]Forests (OP/BP 4.36) [ ] [X] [ ]Safety of Dams (OP/BP 4.37) [] [X ] [ ]Projects in Disputed Areas (OP/BP 7.60) [ ] [X] [ ]Projects on International Waterways (OP/BP7.50) [ ] [X] [ ]

E. OP4.01 (EA): The SGRP and its subprojects will not involve any major civil works (e.g. category B type) and/or generate any adverse impacts on the local environment and people (i.e. major resettlement and/or

15

land acquisition). As part of the preparation of this ESMF an initial environmental and social assessment was conducted by reviewing the current situation regarding laws and regulations, and the current environmental and social conditions. The assessment confirms EA category B of WB safeguard policy therefore preparation of an Environmental and Social Management Plan (ESMP) for a sub-project is considered adequate. Table 1 summarizes safeguard requirements component by component.

F. During the operation stage the fumigants will be using to control pests and keep the quality of the stored wheat and therefore the WB OP/BP 4.09 is triggered. Thus MAIL and the project team will prepare a Pest Management Plan (PMP) in order to ensure how to undertake fumigation as per the WHO and USEPA requirements. The PMP would be prepared during implementation much in advance of utilization of the silos facilities, train the operators about the proper and safe use of fumigants, frequency of its application and other requirements which will be stipulated in the PMP as well as in the projects ESMPs.

G. The project triggers OP 4.12 on Involuntary Resettlement, because the physical infrastructure activities under component B are likely to involve downstream implications that could impact individuals and/or communities in different ways. The precise details of all project activities, particularly the design and preparation work will be carried out to rehabilitate the existing silos, and establish a modern warehouse with steel construction, suitable for the storage of bagged and bulk wheat in Badakhshan province, this will require the Bank Operational Policy OP 4.12 on Involuntary Resettlement to be triggered. Depending on whether private, public common or government land is required, the detailed procedures to be followed will be outlined in a Resettlement Policy Framework (RPF) to be prepared in addition to the Environmental and Social Management Framework (ESMF).

H. Recent safeguard policies also require compliance with the WB group’s environmental health and safety guideline (EHSG) while technical assistance program/activities will also be reviewed as part of safeguard and actions carried out according to the interim guideline for technical assistance support by WB7.

Table: 1- Safeguards Management Approach Component by ComponentComponents

(with summary description of civil works)

Activities to befinanced by the

Project

SafeguardsDocuments

Timing for Preparationand Implementation ofSafeguards Documents

Overall Project level Components A-C ESMF andRPF

ESMF prepared during project preparation, implemented in project.

Component BSilo Rehabilitation andManagement.

TA services andCivil Works

ESMP and RAP

ESMP prepared and to be Implemented during the project.

4.2 Potential Environmental and Social Impacts and MitigationsThe potential negative impact of subprojects will be minor, localized, temporary, and can be mitigated through good construction practices with close supervision and monitoring. Rehabilitation of silo will increase opportunity for food storage and to improve the livelihood and living standards of local communities.

7 Interim Guideline on the Application of Safeguard Policies to Technical Assistance

16

4.2.1 Potential environmental impactsImplementation of the subprojects may create some negative impacts on local environment and local people. However all will be temporary, localized, and can be mitigated. Typical issues related to rehabilitation and operations of Silo works to be carried out would include:

During site clearance and rehabilitation: Increased in dust/air pollution, noise/vibration, waste generation, local traffic/accidents, and nuisance to local residents. These impacts could be mitigated through close Supervision of contractor performance and consultation and information disclosure and the application of ECOP which has been developed as part of the ESMF for the SGR project (see Annex 4 and 5).

During the Operation Stages: The potentially negative impacts likely to be caused during the operation stage including safety hazards and public health, impact from Ancillary Facilities, air quality, soil and water contamination, noise and vibration. These impacts could be mitigated through provision of guidance on safety, sanitary conditions for the staff and labors working during Operation Stage of the project (see Annex 4).

4.2.2 Potential social impactsI. The precise details of all project activities, particularly the design and preparation work will be carried

out to rehabilitate the existing silos, and establish a modern warehouse with steel construction, suitable for the storage of bagged and bulk wheat in Badakhshan province, this will require the Bank Operational Policy OP 4.12 on Involuntary Resettlement to be triggered. Depending on whether private, public common or government land is required, the detailed procedures to be followed will be outlined in a Resettlement Policy Framework (RPF) to be prepared in addition to the Environmental and Social Management Framework (ESMF).It is anticipated that the various project activities (e.g. improved operation and maintenance of Silo infrastructure, enhanced capacity of the staff) will lead to the expansion of existing, and the development of new, livelihood activities and the generation of new sources of income among the PAPs. It is anticipated, will have a positive impact on communities’ health and education status.

J. The technical assistance and capacity building supports will help enhance effective coordination and/or cooperation of key agencies as well as building their capacity and management instruments necessary for sustainable development of both at national and local levels and create positive results in a long term. The SGR project will provide support to the development and/or promulgation of priority laws, regulations, and guidelines which may have nationwide impacts.

4.3 ESMF Objective and Process

4.3.1 The ESMF ObjectivesThe main purpose of the ESMF is to ensure that the sub-projects and activities to be financed under the SGR project will not create adverse impacts on the local environment and local communities and the residual and/or unavoidable impacts will be adequately mitigated in line with the WB’s safeguard policy.The ESMF prescribes policies, guidelines, procedures, and code of practice to be integrated into sub- project implementation. The ESMF seeks to both mitigate potential adverse impacts that may occur during site clearance, rehabilitation works, and operations of the sub-projects and enhance environmental and social benefits of the overall project.

The objective of the ESMF is to ensure that SRG project activities will ensure the following aspects:

Ensure that environmental and related social issues are thoroughly evaluated and necessary interventions are incorporated in the planning, designing, implementation and operation the impact of SGR project during operation stage is added under section # 4.2.1

17

Potential Environmental impacts and in annex 4 as well phase of project activities; Ensure compliance and due diligence with World Bank environmental and social

safeguard policies as well as with related Government Polices, regulations, guidelines and procedures associated infrastructure true rehabilitation and development of the project;

Preventing and mitigating any negative environmental impact that may emerge from any project component;

Enhancement of positive environmental impact;

18

Sch e m at i c diagr a m o f the E n v ir o n m e ntal and S o cial S c r ee ning and A s s e s s m e n t pr o c e dure f o r Su b -pr o j e c ts

Close adherence to the five steps set out in the above diagram is required to ensure safeguards compliance.

19

Step 2:Impact assessment (include baseline, stakeholder consultation)

Step 3:Environmental & social review, ESMP clearance, and disclosure

Step 5:ESMP monitoring

M&E Monitor environmental and social compliance,

pollution abatement, and ESMP implementation Carry out annual environmental and social

Subproject monitoring and reporting

Implementation measures under the ESMP for subprojects

Training of the engineers and communities in

Step 4: ESMP implementation

Subproject implementation

ESMPs reviewed by Project Authority/Social & Environmental Focal Points

Subproject approved on the basis of environmental and social review findings

Subproject Approval

Carry out a subproject specific EA /SA study

Develop subproject specific ESMPs and

Apply ECOP Prepare document as

required by Government

Develop subproject specific ESMP using the generic mitigation and monitoring measures for Silo subproject) and apply ECOP

Prepare documents required by Government

Low riskSubproject Appraisal

Corresponding Safeguard RequirementsSubproject Appraisal Process

Reject requests with activities identified in the “Negative List”

Step 1:SubprojectScreening

Application for subproject by community

Moderate risk

4.4 ESMP preparationGuidelines on the content and scope of ESMPs are set out in Annex 4

4.4.1 Stakeholders: Disclosure of Information, consultation and participationI. Wide ranging consultations are essential at all stages of sub-project development from appraisal to

evaluation. Consultations leading to increased participation help; Initial meetings with stakeholders provide a forum not just for dissemination of information about the sub project and its potential impacts, but also constitute an important opportunity to hear stakeholders’ concerns and take on board their recommendations to the extent possible in project design.

II. Stakeholders fall into two categories: (i) Direct stakeholders who will be directly affected by a sub project, i.e. different groups including private sector. (ii) Indirect stakeholders who have an interest in the project, or who could influence its outcome, e.g. national and local government agencies, donors, communities and ordinary people and NGOs.

III. Consultation with indirect stakeholders will be conducted in parallel to those with direct stakeholders. These will include meetings with representatives from relevant government departments/programs and agencies including District Governors, National Environment Protection Agency (NEPA), Meetings will also be held with NGOs working in sub-project localities inform them about the project and explore opportunities for cooperation to lever the impact of the SGRP.

IV. A dynamic participatory approach that seeks to involve the various stakeholders in decision making about environmental management and Silo development programs will be encouraged throughout the course of a sub-project. Stakeholder representatives will be consulted throughout project implementation and will participate in workshops at the middle and end of the project to review and evaluate progress.

4.4.2 Construction Management The ESMF equipped with construction management guidance, which will be considered during construction stage, the details provided in ECOP (annex # 5, part 2). The purpose of the construction management is to outline how construction activities will avoid, minimize or mitigate effects on the environment and social parameters.

Construction management guidance often details with the implementation of mitigation measures in accordance with environmental and social commitments outlined in this ESMF.

In addition, the purpose of a construction management is typically to:

Highlight stakeholders’ requirements during construction; Ensure that the development is compliant with this ESMF; Detail the mitigation measure committed within this ESMF and how it will be implemented on the

site; and Ensure that any adverse effects on the environment and social parameters are avoided, minimized

or mitigated during construction.

5. ESMF Implementation Arrangement

5.1 Institutional Responsibilitiesa) The Director of the Project Implementation Unit (PIU) within the Concern DAIL

Directorate will have overall responsibility for ensuring compliance with safeguards requirements as set out in this ESMF.

20

b) A safeguards unit will be established within the PIU at national level. Staff will include a female social inclusion and gender officer, an environmental officer and a communications officer. Staff in this unit will as needed support provincial safeguards staff in sub-project screening, stakeholder consultations and preparation of ESMPs. They will have specific responsibility for clearing ESMPs, monitoring, reporting on and the implementation of the ESMF provisions during preparation, implementation, monitoring and evaluation of all components of the SGR project. They will also be responsible for coordinating training for local government officials and local communities on environmental and social safeguards and related environment and social issues. The Safeguards Officers (SOs) will be supported in their work by World Bank Social and Environmental Specialists, especially during the initial stages of the project. The Safeguards Officers (SOs) will be expected to liaise closely with their counterparts in other relevant government projects. Safeguards staff will coordinate with NEPA at national and provincial levels on the implementation of environmental laws, policies and regulations as well as the World Bank safeguards policies.

c) Two safeguards officers (environmental and social inclusion/gender) will be located within each of DAIL offices. These officers, supported by the national safeguards team and provincial staff from the DAIL and Silo, will have specific responsibility for stakeholder consultations during initial sub-project screening and impact assessment stages. They will also be responsible for the preparation of site specific Environment and Social Management Plans (ESMPs) for sub-projects and for regular monitoring of implementation of mitigation measures included in the ESMPs. Designated Environmental and Social Safeguards staff will receive training to enable them to carry out their responsibilities to an acceptable standard.

d) The Director of the PIU will liaise with the head of the DAIL to ensure that mechanisms are put in place within MAIL at national and sub-project level to foster knowledge sharing across the organization on: (i) the benefits of including environmental and social safeguards in planning and implementing projects and (ii) the content and requirements of the SGRP ESMF.

P r o j e c t I m p l e m e n t a t i o n A r r an g e m e n ts

A. The overall objective is to build and strengthen the institutional capacity of MAIL to better support the development and integration of social and environmental measures within the SGR Project. The

21

SILO

Implementation Team (technical support only)

Project Management UnitProject Director

Financial Management Social & Environment

Safeguard Policies Procurement

Deputy Minister

MAIL

institutional capacity building strategy will seek to:

a) Develop organizational mechanisms to ensure that environmental and social requirements of the World Bank and Afghanistan are followed throughout the SGR Project.

b) Ensure effective coordination between implementing departments (DAIL and Silo) on safeguards issues and NEPA as a regulating agency on environmental issues;

c) Ensure effective coordination with other relevant government ministries e.g. Ministry of Economy and disaster department;

d) Ensure compliance with the ESMF;e) Facilitate networking among various government departments at the provincial levels;f) Assure consistency with the National Strategy for the Environment and the Environmental

Action Plan as laid out under Environmental Law of Afghanistan;g) Identify and assess overall needs for environmental education, information, awareness building

and training;B. An assessment will be carried out to identify training and other capacity building needs of safeguards

staff working at national and provincial levels. NEPA will be involved in identifying environmental capacity gaps.

C. A capacity building strategy is expected to ensure that all SGRP staff are familiar with and can implement the requirements of the ESMF. The strategy will give priority to ensuring that safeguards and technical staff are equipped to carry out effective outreach and consultations on project activities with all stakeholders, especially with affected communities. Key trainings are set out in the table below.

Key trainings for safeguards team and other SGR Project staff

Selected Environmental and Social Topics Key elements

1 Conducting consultations with local stakeholders and providing them project details

Identifying all stakeholder groups (including vulnerable groups), outreach to different groups including women.

Developing relevant communication strategy to meet the specific needs of each group.

2 Development and Implementation ofEnvironmental and Social ManagementPlans (ESMPs)

Consultation with/ feedback to local stakeholders on potential problems and their impacts – short term and cumulative,

Identification of appropriate mitigation measures.

3 Monitoring and Evaluation Identification of relevant social and Environmental indicators.

Monitoring responsibilities. Preparing monitoring reports

4 Grievance Redress Mechanism Ensuring stakeholders are aware of mechanism structure and means of accessing it,

making and recording of complaints, providing feedback on complaints resolution

5 Policy and Regulatory Environment Relevant Afghan laws and regulations and World Bank safeguard policies and their application to the SGRP.

The role of NEPA in ensuring safeguards compliance

22

6 Proper and safe use of fumigants The guidelines of WHO and USEPA for proper use of fumigants for wheat storage facilities.

D. SGRP safeguard officers will work through Provincial DAIL and other relevant forums to organize practical training to build the knowledge and awareness of local government officials and Silo Staff, including women and private groups, on social and environmental issues related to proposed project activities. Training will also seek to build the skills of the DAIL and Silo staff to participate actively in identifying appropriate mitigation measures to avoid or reduce potential negative impacts of project activities. Training at the local level will include awareness of the material and technical resources available to the staff to enable them to effectively manage their own resources.

5.3 Monitoring and EvaluationTo ensure effective implementation of the ESMF requirements, they will be put in place following Monitoring and Evaluation system which includes both internal monitoring and reporting and external monitoring and evaluation.

5.3.1 Internal monitoring and reportingI. At Provincial level, SGRP safeguards officers, together with local government and local

Communities will be responsible for monitoring the implementation of mitigation measures, set out in Environment and Social Management Plans (ESMPs). Relevant practical indicators to enable effective monitoring will be identified by safeguards staff in close liaison with the DAIL and Silo staff during consultations on possible impacts of sub- project activities and the preparation of ESMPs.

II. Monitoring information together with other information collected from various stakeholders (e.g. representatives of the DAIL and Silo staff, farmers, shopkeepers, local government officials in sub-project districts, local NGOs and contractors) together with observations of project activities will be reported monthly to the safeguards unit in Kabul.

III. Monthly monitoring reports from regional safeguards staff will include:a. List of consultations held, including locations and dates, name of participants and occupationsb. Main points arising from consultations including any agreements reached c. A record of grievance applications and grievance redress dealt withd. Monitoring data on environmental and social measures detailed in ESMPs.e. Number of construction supervision reports that include assessment of contractor’s compliance with safeguards in accordance with ECOPf. Number of trainings of community groups in environmental and social issues

IV. National safeguards officers will prepare consolidated quarterly monitoring reports from the sites for the PIU which in addition to the above data will include:

a. Number of national, regional and provincial staff and counterparts trained on ESMF compliance.b. Number of WB- cleared ESMPs, abbreviated ESMPs and safeguards certificates prepared and clearedc. Number of technical audit recommendations that have been implemented.

V. These reports will be filed to permit easy retrieval and indicators will be incorporated into the SGR project M & E system.

23

5.3.2 External MonitoringAn independent annual technical audit of both environmental and social measures will be conducted by an entity acceptable both to the WB and the Government. The National Environmental Protection Agency (NEPA) is responsible for monitoring potential environmental impacts and will be considered as a possible organization to carry out independent monitoring and recommend corrective measures to the MAIL and the WB. The audit will inter alia, assess whether (i) the ESMF process is being correctly adhered to (ii) relevant mitigation measures have been identified and implemented effectively and (iii) the extent to which all stakeholder groups are involved in sub project implementation. The audit will also indicate whether any amendments are required in the ESMF approach to improve its effectiveness and ensure that the subproject ESMPs are developed/cleared and effectively implemented.

5.4 GenderWomen Related Issues and its Measures

Particular attention will be payed to gender and social inclusion at all levels and measures will be taken to mitigate any risks to women and vulnerable groups. These are possible in through the following approaches/tools:

Consultation: In any community/public consultation process, female community member just like male members will be consulted for the purpose of awareness raising, compensation, design, work opportunities, etc. consultation with project affected people (PAP) should include female family members. All these consultations will be captured and documented in the ESMPs women’s.

Awareness raising: women especially female headed households just like men in any sub-project sites will be informed about any job opportunities under the project in their communities so that they can choose to take part in public work.

Also the project will raise the awareness of women on GRM and make it accessible for them so that they can register any grievance related to the project. This will ensure that the view and concerns of women affected by the project actives are heard/noticed and appropriate action is taken in a timely manner.

Similarly, the contractors will be sensitized on gender issues measures will be taken to prevent any negative impact on female community members due to the labor influx in the community. Specific measures will be taken to prevent and address harassment, intimation and exploitation under the project especially in regard to women.

Staffing and employment: for proper outreach to women, the project will ensure having female staff. Also the project will make efforts to promote equal employment opportunities for women in silos.

5.5 Grievance Redress Mechanism (GRM)In order to ensure transparency and accountability a grievance redress mechanism (GRM) to address project-related grievances will be established by the PIU as part of the ESMF implementation process.

Where an individual has a grievance with regard to a specific sub project she or he, Should, in the first instance, be encouraged to make use of existing local-level structures (e.g. Silo staff) to try to resolve

24

quickly any concerns or grievances related to project development and implementation.

5.5.1 Grievance Redress Committee (GRC)A comprehensive GRM will be developed to address the concerns of affected persons and general public related to the sub-project activities. This mechanism will be in place immediately after the project is approved. Grievance Redress Committees (GRC) will be established at sub-project, PIU and Head Quarter (HQ) Level.

Sub-project Level (GRC): Affected Person (AP), the provincial Silo Manager, provincial Environment and Social Safeguards staff, a representative from local government, a representative from the AP’s community CDC/shura which may be a representative from a women’s CDC and the contractor(s).

PIU Level (GRC): PIU/MAIL, District/Provincial Governors, Provincial Director of DAIL, and Safeguards officer from PIU.

HQ Level (GRC): Deputy Minister (MAIL), PIU Director and PIU’s Safeguard team

F un c tions of G RC: a) Ensure that handling of grievances is in accordance with Afghan law and t h e World Bank

procedures.

b) Ensure that follow-up actions in response to grievances are taken within an agreed time- frame. Maintain record of all registered grievances in a database, along with details on the nature of the issues raised the case history, and actions taken.

c) Report on resolved or unresolved grievances a weekly basis to the PIU.

d) Coordinate with Government departments, at district, provincial and national level and civil society organizations for resolving the grievances of the local communities (if any).

e) Coordinate with community representatives on the efficacy and usefulness of grievance redress procedures and recommend changes if any required to the concern DAIL/Silo.

f) Assign member(s) to undertake site visits to assess issues raised as and when needed.

5.5.2 Procedure of Dealing with GrievancesIf intermediation at local level is unsuccessful, the individual or Affected Person (AP) can take his or her complaint to a formal Grievance Redress Committee (GRC) which will record the grievance and try and resolve issues relating specifically to the implementation of the investment projects. The AP (or his/her representative) may submit his/her complaint in a number of ways e.g. by written letter, phone, SMS messages and email to the GRC or, alternatively, raise his/her voice in a public or individual meeting with project staff. The GRC will meet to try and resolve the matter at Silo level and make a recommendation within 7-10 working days from receipt of complaint. If there is no decision after 10 days the AP can refer the complaint to the Director of the DAIL or MAIL in Kabul who will then address the complaint and respond to the complainant within 20 days.

25

Sch e m at i c diagram on Procedure of Dealing with Grievances

5.5.3 Disseminationi. The GRM procedures to be followed for all investment projects will be translated into Pashto and

Dari so that they are easily accessible to all stakeholders and made available by MAIL. Information on the steps to be followed in handling grievances will be incorporated into the process of providing local Silo staff with information about proposed investment project;

ii. All submitted complaints and grievances will be added to a project files which will be updated

26

Complaint resolved, filed and reported

Community Level Committee, the members are: two CDC members (male and female),

contractor, and safeguard officer

Complaint Receive and Registered at

site

Complaint not resolved

Regional Manager Complainant Cell, the members are: Safeguard Officer, with

a member of Civil Society or NGO, DAIL, and Silo representative

Meeting with Complainant/s

Meeting with the complainant, if not

resolved, he could go to the court of law

If not resolvedIf not resolved

If not resolved

PMU (complaint cell)(Meeting with the complainant) the

members are: Safeguard Specialist, with a member of Civil Society or NGO, member

of PMU (one female at least)

Project Director with a member of Civil Society, Safeguard specialist, PMU and MAIL legal Expert

regularly. Each complaint and grievance should be ranked, analyzed and monitored according to type, accessibility and degree of priority. The status of grievances submitted and grievance redress will be reported to core team management through the monthly report.

iii. SGRP safeguard staff should include regular updates and analysis of the GRM in their quarterly reports to the core team management and also provides regular feedback to Silo staff and other relevant stakeholders.

iv. The safeguards unit within core team will have an important role in ensuring that those directly affected by the SGR Project have a full understanding of the GRM, ways to access it and (a) the concept of just compensation for any involuntary acquisition of land and/or assets and (b) ensuring environmental and social mitigation measures in the ESMP’s are implemented as planned.

5.5.4 Recording and processing of grievancesAll submitted complaints and grievances will be entered into a database/project files which will be updated regularly. Each complaint and grievance should be ranked, analyzed and monitored according to type, accessibility and degree of priority. The status of grievances submitted and grievance redress will be reported by regional safeguards staff to the core team management through monthly reports.

5.6 Communicationi. A communications strategy and plan including a public awareness campaign to inform Silo staff

and local communities of their legal entitlements, rights, and responsibilities in respect of Silo rehabilitation, will be developed. The communication officer within the core team within national safeguards team will take a leading role in implementing the communications plan.

ii. In order to ensure that affected communities are made aware of the planned project, have the opportunity to comment on it and reduce possible misinformation about proposed activities, it is vital that a communication strategy is put in place early in the project’s preparation. Its key objectives are to:

a. Provide relevant and up-to-date information to affected communities about the project through appropriate communication channels

b. Facilitate a meaningful two way exchange of information with different groups ofStakeholders throughout the lifetime of the project

c. Build trust between project staff and communities and promoting collaboration among all stakeholders.

d. Facilitate collaborative relationships with local and national government departments other development agencies

iii. The strategy includes communication through relevant media: national and regional safeguard staff will assess community and other stakeholders’ access to, and use of, broadcast and print media and explore how the most appropriate outlets might be used to raise awareness of the project.

a. Preparation and translation into local languages of relevant and clear information on procedures related to land transactions;b. Distribution of easily understood information to all affected communitiesc. Communication through locally relevant channels. Safeguards Officers will identify

trusted ways in which different groups within communities, particularly poor and vulnerable groups, receive and communicate information and will make use of these channels to convey and receive information, consult and hold dialogues with the different groups through the life of the project.

d. Liaison with relevant regional government departments and other agencies: provincial safeguards staff will meet regularly with government staff in key regional departments such as the DAIL, NEPA, Department of Industries, and Agricultural Extension Services.

e. Safeguards Officer, where possible, will participate in various provincial NGO meetings to inform local NGOs about the work and explore possible areas of synergy with the Silo for

27

private level work.

5.7 Disclosurei. This Environmental and Social Management Framework (ESMF) was developed by MAIL on

the basis of the generic Framework for World Bank-funded reconstruction operations, a review of the ESMF implementation in related WB-funded projects and a review of the specific requirements of the planned project.

ii. Prior to approval of the project by the World Bank, it will be disclosed by MAIL in Afghanistan in relevant places in the country (MAIL website), as well at the World Bank’s External Website on April 20, 2017.

28

Resettlement Policy Framework (RPF)

For the

Afghanistan Strategic Grain Reserve Project (SGRP)

MINISTRY OF AGRICULTURE IRRIATION AND LIVESTOCK

April 2017

29

1. Resettlement Policy Framework (RPF)

1.1 Why A Resettlement Policy Framework (RPF)The purpose of the RPF is to clarify resettlement principles and compensation, as well as organizational arrangements, to be applied as and when the project reaches that stage. This will not only ensure consistency in resettlement planning but also develop the capacities of the implementing and supervising agencies gradually and simultaneously. Lessons learnt during the course of implementation can easily be integrated in improving the various issues related to resettlement planning and its monitoring.

The location of the specific activities to be carried out under each component cannot be finalized at this stage so it is not possible to develop any site-specific resettlement plan with full details of all affected people who may suffer adverse impacts from project-related land acquisition or asset loss.The RPF of Afghanistan Strategic Grain Reserve project is customized from the RPF approved by the line ministries for the World Bank funded CASA 1000 project of MoEW. CASA1000 is a linear project like the present project, and the RPF thus only required minor customization to be applicable.

1.1.1 The guiding principles of this RPF are: first, avoid or minimize adverse impacts on persons and families likely to be affected by the

project (PAPs) All PAPs will be consulted throughout the operation All PAPs are eligible for compensation for losses resulting from project intervention irrespective

of possession of title to land. However for compensation for land a title or some acceptable Evidence would be required.

All compensation for land or lost asses will be at replacement value

This RPF spells out how these principles will be met in the SGRP. It should be said at the outset that while the relevant laws of Afghanistan might not cover these matters in any detail there would appear to be nothing in the laws to stop these principles being given effect to in practice.

1.2 Legal and Policy Framework for Resettlement

1.2.1 World Bank OP/BP 4.12The fundamental principles of policy which inform the Bank’s position on resettlement and land acquisition and which will be followed under this RPF for SGRP are:

involuntary resettlement should be avoided where feasible or minimized by exploring other viable alternatives;

Where it is not feasible to avoid resettlement, resettlement activities should be conceived and executed as sustainable development program, providing sufficient investment resources to enable the persons displaced by the project to share in project benefits;

Displaced persons should be assisted in their efforts to improve their livelihoods and standards of living or at least restore to the extent of pre-displacement levels;

Displaced persons may be classified and include:a. Those with formal legal rights to land, including customary and traditional rights

recognized under the law of the country;b. Those who do not have formal legal rights to land at the time the survey begins

but have a claim to such land or assets, provided that such claims are recognized under the law or become recognized through a process identified in the resettlement plan; and

c. Those who have no recognizable legal right or claim to the land they are occupying.30

Compensation for losses will be delivered at replacement costs and compensation payments must be received prior to taking possession of the required land or other assets.

The objectives of the World Bank’s policy can be clearly achieved by following the principles described therein however, this RPF provides for a more detailed Framework which not only justifies the WB policy’s objectives but also the inherent spirit of it which entails a sensitive, transparent and inclusive process of acquisition, displacement and resettlement.

To what extent does law and practice in Afghanistan conform to the model of land acquisition and resettlement provided for by OP. 4.12, the following table compares the two systems suggesting ways of reconciling them. Notwithstanding the differences between the national laws and World Bank's Operational policies, in all cases of gaps between the two, the World Bank's Operational Policy will apply, unless the local requirement sets a higher standard or benefit for the Affected Person.

1.2.2 Afghanistan Law and Policy on Land AcquisitionAfghanistan does not have specific resettlement policy, although a comprehensive land policy was approved in 2007 by the cabinet; however it has yet to be fully operationalized. Ratified in early 2004, the Constitution of Afghanistan has three articles that closely relate to compensation and resettlement. For public interest purposes, such as the establishment/construction of public infrastructure or for acquisition of land with cultural or scientific values, land of higher agricultural productivity, large gardens, the Law on Land Expropriation (LLE) enacted in 2009 provides that:i. The acquisition of a plot or portion of a plot for public purpose is decided by the Council of

Ministers and is compensated at fair value based on current market rates (Section 2);ii. The acquisition of a plot or part of it should not prevent the owner from using the rest of the

property or hamper its use. If this difficulty arises, the whole property will be acquired (Section 4);iii. The right of the owner or land user will be terminated three months prior to the start of civil works

on the project and after the proper reimbursement to the owner or person using the land has been made. The termination of the right of the landlord or the person using the land would not affect their rights on collecting their last harvest from the land, except when there is emergency evacuation (Section 6);

iv. In cases of land acquisition, the following factors shall be considered for compensation: Value of land; Value of houses and buildings on the land; Value of trees, orchards and other assets on land (Section 8);

v. The value of land depends on the category and its geographic location (Section 13) (and see too proposed new clause 45 of the Land Management Law published in December 2012);

vi. A person whose residential land is subject to acquisition will receive a new plot of land of the same value. He/she has the option to get residential land or a house on government property in exchange, under proper procedures (Section 13);

vii. If a landowner so wishes his/her affected plot can be swapped with unaffected government land and if this is valued less than the plot lost, the difference will be calculated and reimbursed to the affected plot owner (Section 15);

viii. The values of orchards, vines and trees on land under acquisition shall be determined by the competent officials of the local body (Section 16); and

ix. A property is valued at the current rate at the locality concerned. The owner or his/her representative must be present at the time of measuring and valuing of property.

Compensation is determined by the Council of Ministers. The decision is based on the recommendation of a “committee” consisting of the following:(i) The landlord or person who uses the land or their representatives;

31

(ii) Official representative of agency who needs to acquire the land (i.e. MAIL);(iii) Representative of local municipality;(iv) Representative of Ministry of Finance; and(v) Representative of Ministry of Justice.

32

Comparison between LLE and WB OP/BP 4.12 with proposals for reconciliationAfghan Laws WB OP/BP 4.12 Gaps Possible solutions to gaps RPF provides for

Provision For A Structured Resettlement Action PlanNo special provision in Afghan Laws for a resettlement plan or any special arrangements for resettlement.

A detailed Resettlement Action Plan to include Involvement of and ensure PAPs their rights to

i. Compensationii. Relocation

assistanceiii. Development

assistance i n new location. Distinction drawn between short and full plans, depending on numbers to be resettled.

Major gap of substance The Afghan Law is silent on resettlement but there is nothing in the law to suggest that a resettlement plan or action to implement a resettlement plan would be illegal. Solution could be to provide for a resettlement action plan administratively but backed up by some regulations to ensure it implementation

A detailed resettlement action plan guided by RPF will be prepared

Participation of PAPs in the Process of AcquisitionNo legal opportunities provided to potential PAPs and others to challenge or discuss proposed acquisition and resettlement or for any public debate and approval on proposals. In practice early discussions do take place.

Principle that involuntary resettlement to be avoided where possible implies discussion of necessity for and alternatives to acquisition and resettlement

The principle behind OP/BP 4.12 can be followed however the law is silent on the matter.

This can be incorporated in the RPF, Potential PAPs can be consulted, their views may not be decisive

Potential PAPs must be able to discuss need for acquisition and alternatives with officials from the PIU and MAIL

33

By article 6 of LLE, the right to own or use land is terminated three months prior to the actual start of the project. So information on land to be acquired is sent to PAPs three months before acquisition. Informal discussions and negotiations occur both on land to be acquired and on compensation.

Resettlement plan on how project is to be implemented and resettlement issues are provided for therein. Emphasis on participation by PAPs in preparation for resettlement process and in project implementation Early information to be given to potential PAPs of possible resettlement.

LLE does not provide for what OP/BP 4.12 requires. Some pre-planning of projects will exist and informal discussions with PAPs involve participation. 3 months’ notice may be too little where relocation is likely but not rigidly adhered to.

There is nothing in LLE to prevent a more participative approach to acquisition as is called for in OP/BP 4.12. The three month rule could be interpreted to mean “not less than three months” which would allow for discussions on acquisition and its consequences

A participatory approach to acquisition and resettlement planning and implementation is provided.

The Council of Ministers approves expropriation of land. Unlike the former law, there is no provision for the owner/user and or agent to be present throughout all stages of acquisition. It follows that acquisition may proceed whether the owner is present or not. However under article 5 LLE, a commission is to be formed “by the Municipality” on which the owner is represented to “determine damage incurred due to land expropriation” which is differentiated from compensation. Damage is explained in article 18 LLE. Under article 22, the owner is obliged to hand over alldocumentary evidence relating to land to theacquiring authority

No specific procedures required by OP/BP 4.12 but content of resettlement plan implies PAPs will be involved in all stages of acquisition

The spirit of OP/BP 4.12 conflicts with LLE’s non- provision of involvement of the owner apart from that provided for in article 5. Though it is confined to “the Municipality”. It can be assumed to be applicable to all authorities acquiring the assets or implementing the project.There are some absentee owners; it may be unavoidable to allow absentee acquisition.

Spirit of OP/BP 4.12 could be met by more protective provisions and or practice on dealing with absentee acquisition. The silence of LLE on the details of acquisition may be taken quite legitimately as providing a gap which can be filled by appropriate participatory arrangements. There is no reason why the provisions of article 18 shouldn’t equally apply to all acquisitions of land.

Involvement of owners present on the land to be acquired and greater protection for absentee owners should be provided by a legal Framework developed as part of the RPF which could also serve as a prototype for regulations made under article 22(5) of the new law.

Ascertaining title and Ownership of Assets

34

The bulk of LLE deals with Compensation but says nothing about who is entitled to compensation. The assumption is that “owners” are entitled to compensation but the law does not define “owners”. The old law drew a clear distinction between those with legal title and those with customary title or no title with respect to the payment of compensation. Practice in rural areas was quite accommodating to those with customary titles.

Fundamental principle ofOP/BP 4.12 is that all those on land are to be entitled to fair compensation and assistance with resettlement irrespective of their title to land.

Major gap of substance in the Law but given practice in rural areas, it is not unbridgeable.

Accommodate OP/BP 4.12 by Changing practices where necessary.Advantage may be taken of absence of legal definition of “owner” to accommodate those with cus tomary tit les which is likely to be the majority in project areas.

Given huge numbers of people not having and not going to get formal legal titles to their land in the foreseeable future, LLE should be interpreted so those living and or working on land at the census date receive fair compensation and resettlement assistance. This is the one major area where there is considerable divergence between LLE and OP/BP 4.12. It will be necessary to comply with OP/BP 4.12. TheRPF provides for compensation to occupants also, but defined with limitation on who is eligible and who is not.

Valuation and Assessment of Compensation Amounts

Officials visit area before any official action to assess land values; values so assessed are the basis of compensation. This is practice as the LLE is completely silent on pre- acquisition procedures and processes.

Land values assessed as atpre-project or pre- displacement valuewhichever is higher

No real gaps; just different approaches to the same need to limit claims and compensation.

No gaps RPF provide for valuation and market rates at a cut of date, application of principles of equity with a common rate applicable for all PAPs.

35

Efforts are made to determine those entitled to compensation and

Census conducted of persons in the area to determine eligibility for assistance, and to limit inflow of people ineligible for assistance

No real gap here. No issues with adopting OP/BP 4.12 as the practice and to be followed in this RPF

RPF will require an identification of all eligible PAPs to be undertaken at the Immediate pre-project stage, subject to cut-off date.

The Constitution provides for payment o f p r i o r a n d j u s t compensation. The LLE at article 2 provides for the payment of prior and adequate compensation. If there is a distinction between just and adequate, then the constitutional provision of just compensation prevails. Article 8 provides that compensation shall be “the price” of land or houses or trees etc. and article 10 provides that the Council of Ministers shall determine the price. But article 15 provides that the municipality and the administration for agriculture determine the compensation for trees etc. Article 13 sets out detailed provisions for obtaining residential plots where a person has had land acquired; the more land acquired the more residential plots are paid as compensation. Disturbance compensation not provided for. Compensation can be land for landUnlike the former law which provided for compensation may be paid into a bank, LLE is silent on the mechanics of paying compensation. No assistance for PAPs to access bank for their compensation.

OP/BP 4.12 requires prompt and effective cash compensation sufficient to replace the lost land and other assets at full replacement cost in local markets.Compensation for lost livelihoods required Disturbance compensation requiredLand for land compensation encouraged.Resettlement costs and ‘start up’ expenses required.

There does appear to be a gap between the LLE and OP/BP 4.12. The LLE has a lot of gaps in it. Sensible not to insist on market value in the absence of reliable functioning markets.Biggest gap is compensation for squatters and even their best practice does provide some compensation to those with no legal title.

The lack of any detail in LLE on how to assess compensation and the content of compensation (apart from article 13) allows for the creation of a clear comprehensive and fair code on compensation applicable to all acquisitions including resettlement and retraining costs which can be a part of the RPF without being contrary to the existing law(s).

RPF has provisions describing the process of valuation and assessment of compensation amounts.

Grievance Redress Mechanism

36

LLE provides for administrative agencies to manage acquisition processes and deal with compensation. PAPs are part of some committees dealing with compensation.No provision for courts to be involved or for appeals. In practice, committees may act to solve grievancesNo provisions for e.g. legal aidto assist PAPs to make claims.

OP/BP 4.12 silent on judicial and administrative arrangements. It requires appropriate and accessible grievance mechanisms to be established for those being resettled.Logic of OP/BP 4.12’s references to ‘meaningful consultation’ with PAPs (male and female family members) and making use of CBOs and NGOs suggests preference for decision making process which is

A major gap on grievance mechanisms and current administrative arrangements in LLE difficult to reconcile with the participative approach of OP/BP 4.12. Earlier laws involved payment of compensation in the presence of a judge and allowed an appeal albeit from the judge to a Minister.

Develop grievance handling practices but keep them administrative rather than legal.Make legal provision for appeals from administrative decisions and decisions on compensation to an independent body.

GRM to provide for cooperation with CDC and community elders.

Monitoring and Evaluation

LLE does not provide for any external monitoring body or process

OP/BP 4.12 states that the borrower is responsible for adequate monitoring and evaluation of the activities set forth in the resettlement Instrument.

Major gap on procedures but arguably, monitoring is not part of land acquisition so no legal impediment to providing for same.

Provide monitoring for WBprojects as required by OP4.12Establish specialist monitoring agency projects involving acquisition and resettlementEmpower provincial and local institutions to monitor projects.

External monitoring agency and monitoring by PIU is provided for.

37

1.3 Key elements of a Resettlement Policy FrameworkThe Framework for resettlement and rehabilitation of the affected persons by the project will be adopted in the following approach

1 . Avoiding acquisition wherever possible

2 . Preparing a detailed Resettlement Action Plan (RAP) and disseminating it adequately

3 . Implementation of a RAP

a) Notifying acquisition b) Determination of claims

and their paymentsc) Taking possession

First Step: Avoiding acquisition wherever possibleThe first step addressed by the OP/BP 4.12 is avoidance of land acquisition and resettlement, wherever possible. Land acquisition and resettlement should not be seen as the easy first option; rather it should be seen as a last resort.

A participatory consultative process should be put in place to allow people likely to be affected by the project (APs) and other interested parties, to have an opportunity to contribute to, or comment on, the location of the proposed project and the necessity of acquiring the proposed land for the project. This involvement is separate and distinct from APs participating in the planning of any resettlement that has to take place.

A cut-off date will be determined and announced at the start of the household census after which no one coming into and obtaining land or a house in the potential project area will be entitled to any compensation. There will be a risk that there may be some speculative encroaching as word gets out unofficially about likely sub-projects in the future. This will need careful management.

Second Step: Preparing a detailed Resettlement Action Plan and disseminating it adequatelyThe next step is to develop a detailed RAP guided by the principles established in this Framework document. This should include measures to ensure that APs:

a. Are informed about their options and rights pertaining to resettlement and compensation;b. are advised about the offered choices and provided with technically and economically feasible

resettlement alternatives;c. Provided prompt and effective compensation at full replacement cost for loss of assets

attributable directly to project-related land acquisition.In case of physical relocation or displacement of the affected persons, the resettlement plan must include measures to ensure that the displaced persons are:

i) Provided adequate and timely assistance (such as moving allowances) during relocation; and

ii) Provided with residential housing, or housing sites, or, as required, sites for which a combination of productive potential, locational advantages, and other factors is at least equivalent to the advantages they had at the previous site.

38

In addition, where necessary, the RAP should also make provision to provide to the affected persons:iii) Sufficient financial assistance for a reasonably estimated transition period so as to enable them

to restore their livelihood and standards of living;iv) Appropriate development assistance in addition to the compensation measures such as land

preparation, training, or job opportunities;v) Capacity building and training opportunities so that they can either take up a new form of

livelihood by virtue of being trained to a higher skill standard.The above provisions require a very judicious estimation of financial and other assistance and need to be dealt with very carefully. The RAP should also establish clear and transparent processes to provide for just, fair and equitable distribution of assistance to minimize discretionary and biased approach in the decision making processes.

Third Step: Implementation of RAPThe third and final step is the execution of the RAP: that is the acquisition of the land and the resettlement of those persons displaced by the acquisition. This is the central part of the process of acquisition and resettlement and is divided into three sub sets:

I. Acquiring the land: This requires informing all the qualified owners and occupiers of the land of the intention to acquire the land and pay compensation for any land so acquired. This process will involve intensive personal contact with owners and occupiers of land and oral explanations of what is happening and what owners and occupiers should do in order to ensure that they obtain recognition for their occupation of land and compensation for same. Acquisition of land will also necessitate full and clear documentation of what is happening.

II. Resolve of claims and their payments: To determine the claim amounts payable to each affected person and their speedy disbursements. OP/BP 4.12 distinguishes between compensation and assistance, financial or otherwise, in connection with resettlement. This is perfectly logical as it makes clear that persons are entitled to compensation for lost assets etc. whether they are being relocated or not. However, if compensation is understood as money, money’s worth or land and/or other assistance to put a person back into the position as close as may be as he/she was prior to having his/her land (including buildings and natural resources on the land) acquired and or the value of retained land diminished and or having vacate his/her land and move elsewhere, then we can deal with monetary compensation for loss of assets along with what may be called resettlement expenses.

In order to comply with OP/BP 4.12, the content of this sub-step should include:a. making claims for compensationb. provision of assistance to APs in making claims c. assessment of claimsd. determining claims and dealing with appeals e. the payment of compensation

Compensation will includef. full replacement cost of land taken at its market value plus transactioni. costs (e.g. registration fees, selling/buying taxes, etc.)g. alternative land of the same quantity and quality if possibleh. resettlement expenses (which for these purposes includes temporary displacement) which in turn may include

k. financial and other assistance in provision of housing l. Training & Capacity Building for livelihood replacement

III. Taking possession: To ensure a peaceful and sensitized approach towards taking over of the land, the entering into possession of the land by the acquiring authority, and the departure and resettlement of APs:

a. Assistance with resettlement and displacement will include

39

b. assistance with packing up and moving including moving back on to the land after temporary displacement

c. working with and providing additional resources for the ‘host’ communityd. advice and assistance to those being resettlede. preparation of land, provision of accommodation and facilities

1.4 Eligibility for compensation

1.4.1 General eligibilityGeneral eligibility is defined as, “people who stand to lose land, houses, structures, trees, crops, businesses, income and other assets as a consequence of the project as of the formally recognized cut- off date will be considered as project affected persons (APs)”. For purposes of this RPF, the concepts of ‘general eligibility’ for compensation and who is an AP will be extended to include a group of people losing social and community facilities such as a cemetery and mosque.

Although it is unlikely that many APs will be entitled to compensation or rehabilitation on the grounds that they are losing a substantial amount of land and/or assets under the project, it is as well to set out the full picture on who APs are and what they are entitled to under a project:

(i) All APs losing land with or without title, formal land-use rights or traditional land use rights;(ii) Owners of buildings, crops, plants, or other objects attached to the land; and(iii) APs losing business, income, and salaries.

Compensation eligibility will be limited by the cut-off date. MAIL will inform local communities regarding this cut-off date through their regional offices and through the relevant local government agencies. Those that settle after the cut-off date however will be given sufficient advance notice to vacate premises/dismantle affected structures prior to project implementation. Their dismantled structures will not be confiscated and they will not pay fines or sanctions.

1.4.2 Land Tenure and Compensation EntitlementsThe largest number of APs in the case of this project will be those who will lose a part or whole of their land.

The following categories of the APs will be entitled to compensation for loss of land:1. Legal Title Owners: Owners having written evidences of land ownership under the formal system of property rights including different kinds of deeds or legal documents with copies in the Court Registries or any other official documentation issued by or on behalf of the government, establishing their right as an owner of the land in question.2. Titles with Customary documents: Owners having documents recognized by both official and customary law as giving rise to ownership rights3. Occupiers of Land for a long period: Persons who with oral and other evidence with probative value can prove that they or their family have been in occupation of the land for at least 35 years.4. Other Occupants of land: Limited to only those persons who have had open, continuous and uninterrupted possession of land over a very long time which effectively vests in them legal rights over the lands they occupy through acquisitive prescription.

The following categories of persons will NOT be entitled for compensation for loss of land:1. Other occupants of lands or Squatters: Persons outside of the classifications of legal ownership and occupancy or possession mentioned above, will not be entitled for compensation for the lands that they occupy, but will be compensated for the permanent improvements or structures they may have introduced or built in the affected lands before the cut-off date.2. Encroachers: “Persons who extend their property beyond that for which they hold a title are encroachers and would not be eligible for compensation for land for which they do not possess a title”.

40

1.4.3 Entitlements to Compensation & Livelihood RestorationThe APs in the project are entitled to various types of compensation and resettlement assistance that will assist in the restoration of their livelihoods, at least, to the pre-project standards. They are entitled to a mixture of compensation measures and resettlement assistance, depending on the nature of lost assets and scope of the impact, including social and economic vulnerability of the affected persons. All APs are equally eligible for cash compensation and rehabilitation assistance (albeit with differences in entitlements), irrespective of their land ownership status, to ensure that those affected by the project shall be at least as well off, if not better off, than they would have been without the project. The compensation packages shall reflect replacement costs for all losses (such as land, crops, trees, structures, etc.) as detailed below:

1. Loss of Agricultural land: Compensation at replacement value of land in cash based on current market rates. MAIL will shoulder all transaction costs such as fees, taxes, and other charges, as applicable under relevant laws.

2. Severe Agricultural Land Impacts: In case of an AP losing more than 10% of his/her total agricultural landholding, APs (owners and other occupiers defined as eligible herein), in addition to the compensation explained above, will be entitled to get an additional amount for severe impacts equal to the market value of a year’s net income crop yield of the land lost. Also, these APs will be having access to the capacity building and training program on a priority basis for development of an alternative sustainable livelihood.

3. Loss o f R e s i d e n t i a l /commercial l a n d : These i m p a c t s w i l l b e co mpe nsa t ed a t replacement value in cash at current market rates free of deductions for transaction costs.

4. Loss & damages to Houses, buildings, structures and settlement utilities: These impacts will be compensated in cash at replacement cost free of depreciation, salvaged materials, and transaction costs deductions. Compensations will include the cost of lost water supply, electricity or telephone connections. Renters/leaseholders will receive an allowance of geared to the rent they are paying. For 3 months to cover emergency rent costs. If renters and leaseholders have paid the full amount of their lease up front and are required to relocate before the end of their lease they will be entitled to recover the amount of rent for the outstanding period of the lease.

5. Income from crops losses: These losses be compensated at current market rates for the full harvest of 1 agricultural season. In case of share cropping, crop compensation will be paid to landowners and tenants based on their specific sharecropping arrangements.

6. Tree losses: These impacts will be compensated in cash based on the principle of income replacement. Fruit trees will be valued based on age of the tree in two categories: (a) not yet productive; and (b) productive. Productive trees will be valued at gross market value of 1 year income for the number of years needed to grow a new tree with the productive potential of the lost tree. Non-productive trees will be valued based on the multiple year’s investment they have required. Non-fruit trees will be valued at dry wood volume basis output and its current market rates.

7. Business losses: Compensation for business losses, including fishing, will be based on actual income to be established by pertinent receipts or other documents if demonstrable, otherwise based on business loss allowance computed as 5,000 Afghanis per month. Permanent business losses will be based on actual income loss or in cash for the period deemed necessary to re-establish the business (6 months). Compensation for temporary business losses will be cash covering the income of the interruption period up to 6 months based on a monthly allowance of 5,000 Afghanis. Business loss is computed as average net income of typical businesses such as small stores, repair and vulcanizing shops and small food establishments. The details should be part of the RAP.

In the absence of any substantial and verifiable system to calculate incomes of such small businesses in the rural areas of Afghanistan, the compensation for business losses cannot be ascertained. However these businesses will be entitled to compensation for any loss of

41

asset similar to as described above, such affected persons or members of their families will also be entitled to avail the capacity building and training opportunities made available to the others APs as mentioned in 2 above.

8. Income losses for agricultural workers and employees: These APs shall be entitled to an indemnity for lost wages for the period of business interruption up to a maximum of 3 months and given priority in employment in project- related activities.

9. Agricultural land leaseholders, sharecroppers, and workers -- Affected leaseholders will receive cash compensation corresponding to one year’s crop yield of land lost. Sharecroppers will receive their share of harvest at market rates plus one additional crop compensation. Agricultural workers, with contracts which are interrupted, will get an indemnity in cash corresponding to their salary in cash and/or kind or both as applicable, for the remaining part of the harvest. Duration to be determined in RAP.

10. House owners: House owners/renters who are forced to relocate their houses will be assisted with finding alternative accommodation provided with a monthly relocation allowance for a period not exceeding 3 months or till they move to an alternative accommodation, whichever is earlier. The monthly amount payable will be clarified in the RAP.

11. Community Structures and Public Utilities: Will be fully replaced or rehabilitated so as to satisfy their pre-project functions.

12. Vulnerable Households: Vulnerable people, especially women household heads, mentally challenged headed households will be given assistance in the form of a one-time allowance for vulnerable APs and priority in employment in project related activities.

13. Temporary Impacts: Landowners who lose use of their land temporarily as a result of project activities will be compensated in cash covering the period of interruption based on an agreed monthly allowance. The project will transfer back to affected persons land acquired temporarily in the pre-taking condition having restored top soil etc. as necessary.

14. Transitional Livelihood Allowances: APs forced to relocate will receive a livelihood allowance of 5,000 Afghanis for the duration of the livelihood interruption. Transitional livelihood allowance is computed based on the prevailing wage rate of 5,000 Afghanis per month times duration of interruption of their livelihood activities. This is also the basis for cash compensation on lost wages. The amount of 5000 Afghanis is estimated based on the assessment, which was conducted by the concern DAIL (Baghlan, Kabul, Balkh and Herat) and MAIL safeguard team, for the APs those will relocate, the livelihood allowance per month for the duration of the livelihood interruption is acceptable.Livelihood allowance is computed based on the prevailing rate as well average income of typical businesses such as small stores, repair and vulcanizing shops and small food establishments.

15. Land Replacement Values: will be assessed based on a survey of land sales in project areas over the last 3 years. Land values and compensation for other assets, will be negotiated between APs and competent authorities if concrete data on land market rates are unavailable.

1.5 Unit Compensation Rates and Budget

1.5.1 Establishing Rates for Land Acquisition & ResettlementThe Law on Land Expropriation (LLE) refers to prompt and adequate compensation but is silent on the details of compensation. In the absence of detailed rules, it will not be in conflict with the LLE for details to be developed in the context of this RPF and applied to the project. Also in order to comply with the World Bank’s OP. 4.12, rates used to compensate for lost land and assets must be replacement cost at current market value, in order to meet the policy objective of “at least” restoring people’s livelihoods and ensuring that people affected by a project are not left worse off. According to OP/BP 4.12, “replacement cost” is the method of valuation of assets that helps determine the amount sufficient to replace lost assets and cover transaction costs.

42

In applying this method of valuation, depreciation of structures and assets should not be taken into account. For losses that cannot easily be valued or compensated for in monetary terms, attempts will be made to establish access to equivalent and culturally acceptable resources and earning opportunities.

A further point must be made about the rates. In a project, there would have been, as part of the process of putting a project document together, at the very least a preliminary survey of the land to be affected by the project and the numbers of APs likely to be affected and the way in which they would be affected; e.g. loss of land, loss or diminution of assets, loss of livelihood etc. Discussions would have taken place with such persons so a reasonable estimate could be made of what they would be likely to claim as compensation. So alongside an explanation of the rates that are to be applied to the determination of compensation, a budget would be developed showing the amount of money that would be needed at the proposed rates to satisfy the requirements of compensation for the APs in the project area.

But an RPF is different. A RPF is prepared “when it is not possible to identify precise siting alignments or specific impacts/affected population during project preparation (financial intermediary operations, and projects with multiple subprojects)” and “a Resettlement Action Plan (RAP) is [then] prepared for each subproject that may involve land acquisition, before the subproject is accepted for Bank financing.” So a RPF cannot be accompanied by a budget showing the probable total project costs of the rates of compensation which the RPF is suggesting should be applied. The budget would be a part of each RAP which would come forward once the RPF had been accepted and the project had started. However, the budgeting agency (MAIL) needs to ensure that funds are available for any resettlement costs, including not only compensation to the APs, but also cost of consultations throughout the process, sustaining a grievance redress mechanism, M&E and independent consultants as required (e.g. for final review of RAP implementation).

1.5.2 Valuation of LandThe location of the land influences the actual price per square meter: The nearer the land to a build- up area (e.g. a village), the higher the valuation and perception of the affected households. Hence, the valuation of the land is pegged on an average, the actual value depending on the nearness to a build-up area. In the valuation of agricultural land, the availability of water is very important to determine the fair value or market rates. The land prices are based on the district land prices in the district government. The prices follow the trend that the nearer the land to a population center, the higher the price of the land.

1.5.3 Valuation of StructuresThe classification of structures (temporary, semi-permanent and permanent) refers to the materials used in construction. The valuation of structures into class 1(mud/brick/wood walls, mud/tin roof), 2 (tiled roof and normal cement floor) and 3 (RCC, single/double story building) will be determined after various consultations with some owners who recently build their houses, local contractors and some engineers in the government.

1.5.4 Valuation of Crops and TreesThe estimation of valuation of crops was quite problematic because of lack of reliable data in terms of yield. The results of the socio-economic survey were not considered reliable because many respondents could not provide the exact size of their land holdings and quantity produced. Hence, in computing crop losses, a combination of four major crops was used to get the average yield and price. The unit price for crop losses for a square meter of land devoted to the four main crops was estimated at AFN per sqm, but will be fine-tuned in the preparation of a RAP document.

The compensation for productive trees is normally based on the gross market value of 1 year income for the number of years needed to grow a new tree with the productive potential of the lost tree. Non-productive trees are to be valued based on the multiple years’ investment they have required. However, during interviews on trees, the fluctuation of the value of tree products was influenced largely by the supply and demand and the absence of post-harvest facilities. Farmers are forced to

43

sell tree crops when everyone one else is doing so during off-season months, the prices of tree crops quadrupled. The compensation rate for a fruit bearing tree is the average yield per tree times the age of the tree. For the non-fruit bearing trees, the usual propagation method is grafting. Farmers buy these saplings and these are ready to be transferred in the fields after two years. On the fourth year of the tree, the tree starts to produce fruits. Hence, it is on this basis that the valuation of non- bearing fruit trees can be determined. The compensation for non-productive fruit bearing tree is the cost of the sapling plus the cost of maintaining the tree up to the time that the tree was cut because of the project.

1.5.5 Livelihood Restoration SupportThe resettlement strategy is to provide compensation for all lost assets at replacement cost in order that APs’ incomes and livelihoods are not adversely affected and where possible improved. All APs whose livelihoods are affected will be supported for building their capacities for livelihood restoration measures (including allowances and interventions for severely affected, poor and vulnerable APs).

Income Restoration Budget for Crops Losses -- These impacts will be compensated through cash compensation at current market rates for the full harvest of 1 agricultural season. In case of sharecropping, crop compensation will be paid both to landowners and tenants based on their specific sharecropping agreements.

Income Restoration Allowance for Business Losses -- compensation for permanent business losses will be in cash for the period deemed necessary to re-establish the business (6 months). Permanent business will receive 5,000 Afghanis each month for 6 months. Compensation for temporary business losses will be cash covering the income of the interruption period based on a monthly allowance of5,000 Afghanis. The duration to be determined in the RAP

Income Restoration Allowance for Business workers and employees -- Indemnity for lost wages for the period of business interruption. Duration to be determined in a RAP

Income Restoration Allowance for Severe Agricultural Land Impacts -- When >10% of an AP of the agricultural land is affected, AP (owners, leaseholders and sharecroppers) will get an additional allowance for severe impacts equal to the market value of a year’s net income crop yield of the land lost.

Vulnerable Group Allowance -- Vulnerable people (APs below the poverty line, women household heads, mentally challenged headed households, etc.) will be given assistance in the form of a one- time allowance for vulnerable APs equivalent to 5000 Afghanis and priority in employment in project-related jobs.

Transitional Livelihood Allowance -- APs losing land or losing a house and forced to relocation will receive a livelihood allowance of 5000 Afghanis per month until relocation and livelihood restoration is completed.

Rental Allowance – House Renters forced to relocate will receive a rental allowance equivalent to at the prevailing market rate) until suitable accommodation has been found and will be assisted in identifying alternative accommodation.

Project-related employment (for unskilled and semi-skilled tasks during construction) -severely affected and vulnerable groups will be given priority for project-related employment opportunities as drivers, carpenters, masons, clearing and digging work, and if possible as clerks or basic administration support staff.

44

Matrix of Compensation Entitlements and RatesELIGIBILITY CRITERIA FOR IDENTIFYING APs

Who is eligible What are they eligible for How to determine eligibility and compensation levels

What’s the objective Comments

Landowners Loss of land and rights to land

1. Official documentation issued by or on behalf government

2. Customary documents; :i.e. documents recognized by both official and customary law as giving rise to ownership rights

3. Oral and other evidence with probative value that the claimant and his/her family have been in occupation of the land for at least 35 years.

4. Open, continuous and interrupted possession of persons over a very long time which effectively vests in them legal rights over the lands they occupy through acquisitive prescription.

The aim of OP. 4.12 is to compensate all those who have lost‘their’ land. OP/BP4.12 goes beyond technical rules of law or evidence which in part are designed to bring disputes over land to an end and ensure security to title. OP/BP 4.12 aims at simple and substantive justice: “if you’ve been on this land for a long time and there is good evidence of that then you should be compensated for losing it”

As the matrix on the comparison of the LLE and OP/BP 4.12 shows, there is nothing in LLE which prevents the approach of4.12 being adopted here

Squatters Permanent improvements they have made to the land they have occupied

Observance of permanent improvements; questioning the squatter and neighbors on when improvement made; consulting maps and other relevant documents

The objective here is to compensate the squatter for expenditure on the land but not for the value of the land itself

Same as above.

45

Agricultural tenants Loss of income Cash compensation corresponding to one year’s crop yield of land lost.

A fair approximation of loss of income

Same as above

Sharecroppers Loss of income Their share of the harvest at market rates plus one additional crop compensation.

Ditto to above Same as above

House owners/renters Costs of relocation to other accommodation

Relocation allowance equivalent to 5000 Afghanis per month until suitable accommodation established.

This is a very standard element of compensation in all systems

Not specifically provided for in LLE but nothing to stop is being paid

Loss of livelihoods by agriculturalists

Replacement costs for all losses

1. Losses will be compensated at replacement value in cash based on current market rates plus an additional. Indemnity for x months as transitional livelihood allowance.

2. When >10% of an AP’s agricultural land is affected, APs will get an additional allowance for severe impacts equal to the market value of a year’s net income crop yield of the land.

The aim is to provide a reasonable measure of compensation for loss of livelihoods but on the assumption that APs will make a go of things on their new land. It provides temporary relief but not an amount which invites future indolence

This is already an approach which has been accepted in Afghanistan

Residential/commercial land impacts

Replacement costs for all losses

Replacement value in cash at current market rates free of deductions for transaction costs

See above. The same reasoning applies

Same as above

Those who lose or have buildings damaged

Replacement costs These impacts will be compensated in cash at replacement cost free of depreciation, salvaged materials, and transaction costs deductions. Renters/leaseholders will receive an allowance geared to the rent they are paying for 3 months to cover emergency rent costs.

See above. Same as above

46

Those who lose income from crop losses

Replacement of lost income

These impacts will be compensated through cash compensation at current market rates for the full harvest of 1 agricultural season. In case of sharecropping, crop compensation will be paid both to landowners and tenants based on their specific sharecropping agreements.

See above Ditto

Those who have lost income from loss of trees

Replacement of lost income Income replacement based on types of trees lost.

See above Ditto

Those who have suffered business

Replacement of lost income Compensation for business losses will be based on actual income to be established by

See above Ditto

losses Pertinent receipts or other documents if demonstrable, otherwise based on business loss allowance. Duration to be determined in RAP

Those who have suffered loss of wages

Replacement of lost wages for a limited period

Compensation based on actual income loss for time duration until income source re- established.

See above Ditto

47

Vulnerable households Additional compensation over and above strict loss of income

Vulnerable people (APs below the poverty line, women household heads, mentally challenged headed households, etc.) will be given assistance in the form of a one-time allowance for vulnerable APs equivalent to 5,000 Afghanis and priority in employment in project-related jobs.

This is a recognition that those classified as vulnerable households will likely suffer losses over and above income loss and will find it especially hard to get started again so MAIL here else.

Same as above

Transitional living allowance for APs forced to relocate

Disturbance compensation APs forced to relocate will receive a livelihood allowance of 5,000 Afghanis per month for months. Transitional livelihood allowance is computed based on the prevailing wage rate of x Afghanis per day times during transition time.

This is a standard head of compensation in most systems of compensation.

Same as above

ESTABLISHING VALUATION RATES FOR ACQUISITION

What is being valued How is valuation conducted

Input of APs Indicative figures Comments

Matters common to all specific types of valuation

Rapid appraisal; consultation with APs; information derived from census and from local authorities

Yes but not necessarily decisive Where figures are given the are indicative only being based on a2009 valuation exercise. They will almost certainly be changed when budgets for RAPs are developed under the GSR

None

48

Land Valuation of the land is pegged on an average, the actual value depending on the nearness to a buildup area. Land prices are based on the district land prices in the district government

Land values are so far as possible determined on the basis of objective’ factors but it is not possible to ignore the assumptions of APs about land values which do play a part in valuation

None Land values are dealt with after a fashion in the LLE.. The Council of Ministers determines values but there is a local process that valuation goes through.

Structures Structures may be classified (temporary, semi-permanent and permanent) based on the materials used in construction. They may be classified into class1(mud/brick/wood walls, mud/tin roof), 2 (tiled roof and normal cement floor) and 3 (RCC, single/double store building)

In the project from which these classifications are based, they were arrived at after various consultations with some owners who recently build their houses, local contractors and some local civil engineers.

None This approach to structures seems a good one to adopt. Some APs considered that the length of time a structure had been standing should affect value but this was not a factor used in valuation

Crops In computing crop losses, a combination of four main crops was used to get the average yield and price.

The unit price for crop losses for a square meter of land devoted to the four main crops was estimated at 200Afghanis per sqm.

Valuation was problematic because of lack of reliable data in terms of yield. The results of the socio- economic survey were not reliable because the majority of the respondents were not aware of size of their land holdings.

49

Trees Compensation for productive trees is based on the gross market value of 1 year income for the number of years needed to grow a new tree with the productive potential of the lost tree.

Non-productive trees are valued based on the multiple year’s investment they have required.

Compensation for non- productive fruit bearing tree is the cost of the sapling plus the cost of maintaining the tree up to the time that the tree was cut because of the project.

During interviews with APs on trees, it was pointed out that the fluctuation of the value of tree products was influenced largely by the supply and demand and the absence of post-harvest facilities. Fruit was sold when all other farmers sold their fruit. In the off- season, prices were higher but few farmers could store their crops until then

The compensation rate for a fruit bearing tree is the average yield per tree (typically 500Afghanis) times the age of the tree.

The same point as above applies here too

Restoration of income

1. Crop losses

Cash compensation at current market rates for the full harvest of 1 agricultural season. In case of sharecropping, crop compensation will be paid both to landowners and tenants based on their specific sharecropping agreements.

No apparent input from APs. But there may be disputes between owners and sharecroppers which officers from the implementing NGO and possibly from ESS might become involved in

No figures can be given As noted in column 3 this may not be as straightforward as it seems. Inter-AP disputes may erupt and the GRC called into action.

50

2. Business losses compensation for permanent business losses will be in cash for the period deemed necessary to re-establish the business (Compensation for temporary business losses will be cash)

The figures in the next column do not seem to admit of negotiation but there will be an issue of whether a business is permanent or temporary on which APs will wish to be consulted and have their views taken on board

Permanent business will receive 5000Afghanis a month for 6 months.

Temporary business losses will be paid for a limited time period at5000 Afghanis per month. Duration to be determined in RAP

This is another area where disputes could arise but between those offering and those receiving compensation.

3. Income restoration for workers and employees

Indemnity for lost wages for the period of business interruption up to a maximum of 3 months

This does not admit of much negotiation although there may be differences of opinion of what count as wages

No figures because wages differ depending on the work being done

Ditto but in addition, there could be disputes between employer and employee on wages which the project will have to arbitrate on.

Income RestorationAllowance for Severe Agricultural LandImpacts

When >10% of the agricultural land of a AP affected, APs will get an additional allowance for severe impacts equal to the market value of a year’s net income crop yield of the land lost.

Given the problems of measurement of APs’ holdings – see above column 5 on crop losses – this may be difficult to compute and careful negotiations with the APs will be necessary

No figures because the exact sums of money involved will depend on the use to which the land is being put

Although this has the appearance of objectivity for reasons noted in column 3 there may be disputes which will need to be handled sympathetically.

Vulnerable group allowance

Vulnerable people (APs below the poverty line, women household heads, mentally challenged headed households, etc.) will be given assistance.

There will need to be careful and sympathetic consultation and negotiation with these Aps (male and female)

A one-time allowance for vulnerable APs equivalent to at least5000 Afghanis and priority in employment in project-related jobs.

Whether this will be seen as adequate will depend on the income forgone. It might be advisable to build in some flexibility here hence the ‘at least’.

51

Transitional livelihood allowance

APs losing land or losing a house and forced to relocate will receive a livelihood allowance.

Disturbance is a standard head of compensation but it will need a willingness to be flexible on rates as disturbance is not an objective matter.

At least 5000 Afghanis per month for transitional period.

This is very much a ‘guest mate’. It may be the best that can be done in the circumstances. Here too the words ‘at least’ have been added to provide for some flexibility

Rental allowance House renters forced to relocate will receive a rental allowance and will be assisted in identifying alternative accommodation

Negotiations with APs central to the operation of this head of compensation

6 months’ rent at the prevailing market rate in the project area.

What the prevailing market rent is must differ from place to place. It is probably not worth while trying to create a ‘shadow’ market. As with other heads of ‘allowances’ some flexibility must be built into the outcome.

52

1.6 Institutional Arrangements

1.6.1 GeneralThe resettlement and rehabilitation program described in this RPF involves distinct processes, dynamics and different agencies. This section deals with the roles and responsibilities of different institutions for the successful implementation of the project. The primary institutions that are involved in the land acquisition and resettlement process are the following;

1. Ministry of Agriculture, Irrigation and Livestock (MAIL)2. Environmental and Social Safeguards Unit (ESSU)3. Project Implementation Unit (PIU)4. Implementing Non-Governmental Organization (NGO)5. DAIL offices6. Local Government Units (LGUs)

The agencies involved in the planning and implementation of a resettlement and rehabilitation program are MAIL as the executing agency (EA) and the Provincial and District governments together with the appointed NGO referred to above. The MAIL will be acting in the project through the Project Management Unit. In the field, it will act and implement through the regional MAIL offices, especially regional safeguard staff, supported by the national safeguards staff within the PIU, who will co- ordinate all activities related to resettlement implementation. All activities will be coordinated with the relevant local government agencies and community shuras/CDCs.

1.6.2 Overall Organization – Ministry of Agriculture, Irrigation and Livestock (MAIL)The Ministry of Agriculture, Irrigation and Livestock will be the executing agency (EA). The minister and deputy minister will be responsible for the overall policy level decision, planning, implementation and coordination of project activities. The EA will have proper coordination with other departments of the Government of Afghanistan to resolve the following issues:

1. Land Records and Ownership. To resolve issues related to land records and ownership, a land management committee will be formed at the central level and will include members from the MAIL, Ministry of Finance, Ministry of Justice and the Afghan Independent Land Authority (ARAZI).

2. Assets Valuation. Values of land and other assets for compensation is determined by the Council of Ministers under the LLE on the basis of the principles set out in this RPF. The decisions are based on the recommendation of a committee consisting of the following:

(i) the landlord or person who uses the land or their representatives,(ii) an official representative of the agency that needs to acquire the land (e.g. MAIL),(iii) a representative of the local CDC,(iv) a representative of the Ministry of Finance(v) a representative of the Ministry of Justice.

53

1.6.3 Project Implementation1.6.3.1 Ministry of Agriculture, Irrigation and Livestock (MAIL)

MAIL will be responsible for the approval and implementation of a Resettlement Action Plan (RAP). The provision of the RAP compensation finances will be the responsibility of MAIL and the physical delivery of compensation to the PAPs will be assigned to a committee selected by the MAIL which will include members such as the local governments but under the supervision of the PIU and of the Supervision consultants.

There will be two units within the PIU that will be involved in the implementation of the RAP, (i) the Environment and Social Safeguards Unit (ESSU) and the Project Implementing Unit (PIU). The ESSU will be primarily responsible for overseeing effective compliance with social safeguard requirements. The PIU, through the regional MAIL offices, will be responsible for the daily field level activities, getting all the necessary clearances required to initiate and implement all resettlement works. The PIU will be also be responsible for ensuring that all stages of the processes of resettlement, determining and paying compensation, and acquiring land are fully documented and that hard and soft copies of the records are at all times kept in a safe and secure environment.

ESSU and PIU staff, working in close liaison with local government officials, will be responsible for coordinating activities in the field including the organization of surveys, consultation meetings, and the fixing of specific compensation rates based on the principles set out in the RPF.

1.6.3.2 Implementing NGOThe specific tasks of the implementing NGO will be as follows:

1. Work under close coordination with the ESSU, local government units and MAIL local staff to implement the RAP.

2. Assist the ESSU in dissemination of the RAP and other resettlement related information.3. Generate awareness about livelihood restoration activities and assist the APs to make

informed choices including participating in government development program.4. Identify training needs of APs for income generation activities and provide/conduct such trainings.5. Provide counseling and awareness generation to resolve RAP related grievances and assist in

seeking redress to unresolved grievances from land acquisition and resettlement disputes with the Grievance Committee.

6. Assist the APs in claims for just compensation including the collection of timely and complete payments.

7. Submit periodic implementation reports on RAP.8. Conduct and/or undertake any other activities that may be required in the successful

implementation of the RAP.

The implementing NGO must be a non-profit organization; be legally registered as an NGO inAfghanistan; have operated for at least 3 years; have a minimum of five paid staff; be committed to the principles of gender equality in terms of its own staffing; have a management or advisory board; maintain a proper accounting and financial system; have a long term presence and credibility in districts relevant to the project area; have work with government focal agencies; and must be willing to undergo training in resettlement work for project implementation.

1.6.3.3 Local GovernmentThe cooperation and coordination of the local government units (LGUs) are vital in RAP implementation. These are the provincial government, district provincial government, villages and local community Shuras and CDCs. Issues relating from land records and ownership and assets valuation originate from this level and will only be taken to the Council of Ministers if these issues are not resolved locally. The

54

provincial government, in cases of disputes on valuation of land will constitute a land valuation committee to determine the disputes on rates.In cases of disputes regarding land ownership, land records goes through 3 offices at district level, (1) District administrator, (2) Revenue collector (Mustowfiet) and (3) the District Court. These offices have the jurisdiction on any matters related with land acquisition and verification of land entitlements. Staff of the Revenue Department (Mustowfiet), with the local municipality will carry out the tasks of identifying the titles and verification of ownership. The Office of Wloswal (the appointed District head) is expected to play a coordinating role.

1.6.3.4 GenderIt is appropriate to draw special attention to gender issues within the context of project implementation. Discussions with women in villages visited as part of the Social Safeguards Requirements Review confirmed that they have important, although varying, roles in agriculture which is the main activity which will be encountered during the project. Factors such as absence of male family members from the village, ethnicity and local cultural norms all affect women’s role in agriculture.

Using established community structures to involve women meaningfully in the projects will be a challenge and will need to be approached with renewed effort and imagination. Working with women can be done only with female staff. Women’s CDCs should be explored as a possible vehicle for increasing women’s participation in projects and especially in implementing RAPs.

• Ensure that MAIL uses women’s CDCs to enhance outreach to women.• Revisit incentives in order to attract women to work in RAP and in other capacities at regional level.• Ensure implementing NGO have female project officers

1.7 Public Consultation and Participation

1.7.1 General Public ConsultationsThis section describes the mechanisms for public consultation process with the PAPs, disclosure of the RPF and corresponding RAPs through distribution of informative material to create awareness among the APs regarding their entitlements and compensation payment procedures and grievances redress mechanism (annex 7, 8 & 9).

1.7.2 Public ConsultationIn addition to informal day-to-day meetings among APs, MAIL regional staff, and other stakeholders, the formal consultation process in the project will be ongoing and will be managed by the PIU through village meetings and public consultations with government officials. All these mechanisms and approaches will also be used during the collection of baseline socioeconomic data from the APs; and the preparation of RAP and disclosure of RAP to the APs, as explained below.

1.7.3 Site MeetingsA series of site meetings will be held, where the census and socio-economic surveys will be explained and later carried out. The aims and objectives of a project will be explained as will the necessity for, processes and outcomes of any resettlement or temporary displacement. The local elders and stakeholders meetings will be scheduled based on the availability of the participants. The ESSU will be responsible for conducting consultations.

In the socio-economic survey, the project will list the names of the owners/users of assets likely to be

55

acquired, temporarily used or damaged for which compensation will be payable and the MAIL will prepare a Resettlement Action Plan (RAP) for each defined section of the project that will ensure that all these affected assets are justly compensated. The approved RAP will be presented and explained to all affected households and persons and other interested parties. The census survey will be conducted in the affected lands.

1.7.4 Consultations with Government Officials and Other StakeholdersThe ESSU/supervising consultants will meet with provincial and local officials to ensure that they are fully appraised about the project including the formulation and details on the implementation of the RAP. The PIU will coordinate with land valuation committees. There will be coordination with the district governors which have jurisdiction over the sub-project areas as well as village leaders. Information about the entitlement provisions and compensation packages will be shared with these government officials and other stakeholders.

1.7.5 Preparation of Project Specific Informative MaterialProject specific informative materials will be prepared and distributed to the PAPs to create awareness among the APs regarding their entitlements and compensation payment procedures and grievances redress mechanism. They will cover the following:

After this RPF has been cleared by the World Bank, it will be translated into local languages and disclosed to the stakeholders especially affected persons by the MAIL through social safeguards staff and consultants and at village meetings. RAPs for sub-projects will be made available to the concerned district governments and village leaders, directly affected households and MAIL’s regional offices as an official public document.

A summary of this RPF will be prepared specifically for this purpose and will be translated into local languages and presented to all APs in the form of a pamphlet/ brochure, to enable the APs and local communities to read it by themselves and be aware of the benefits/compensations to be made available for various types of APs. Social safeguards staff will distribute the brochures through the village meetings and will explain the mechanisms and procedures of the consultation program and how APs will be engaged in resettlement activities and the overall process.

A cheque disbursement schedule – or preferably transfer of compensation to AP’s bank accounts, explaining the date, time and venue for disbursement of compensation cheques of each AP will be prepared in local languages and distributed to all APs. This will also be disclosed in the village meetings.

A package containing following information material will be prepared for each AP. Inventory of AP’s losses Schedule for compensation cheque disbursement explaining the date, time and venue for

receiving cheque, vacating land and demolition of structures Pamphlet/ brochure in local languages Grievance redress mechanism Any other relevant information for the AP

1.7.6 DisclosureThe RPF will be disclosed to the APs through the village meetings, and informal interaction between the APs, consultants and PIU staff. After its approval by the World Bank, the following disclosure plan will be followed:

Provision of the RPF in local languages and English to PIU, MAIL regional offices, APs, provincial officers and district provincial offices, other local and district level offices of the concerned agencies.

56

Disclosure of the RPF in village meetings, The RPF will be available in all public institutions for general public information Posting of RPF on MAIL website Publicity will be given to the RPF through all forms of media Provision of information packet to all APs

The local safeguards officers will again conduct meetings with the PIU staff, local government units and other government agencies as part of the disclosure process to acquaint them of the substance and mechanics of the RPF. They will be responsible to return to the affected villages and communities once this RPF is approved by MAIL and the World Bank and conduct disclosure exercises through village meetings and meetings with PAFs to ensure that affected households will be familiar with this plan before the actual implementation commences.

1.8 Preparatory Actions and Implementation Schedule

1.8.1 Preparation ActionsMAIL/PIU will begin the implementation process of each sub project immediately after its approval by the World Bank. It will initiate some actions as groundwork and certain preparatory tasks regarding implementation of the RAP as follows:

Establishment of a Project Implementation Unit (PIU); Confirm post of National Safeguards Officer (NSO); Confirm posts of regional safeguards officers (RSOs); Appointment of two types of resettlement specialists (consultants); Establishment of Affected Persons Committees (APCs); Conduct Final Verification of APs; Establishment of official cut-off date for the first segment of the project; A series of public consultative meetings and workshops with PAPs and local representatives and

active involvement APs for the preparation of the final RAP; Endorsement of the first RAP by PIU and its submission to World Bank for approval; Establishment of criteria, requirements and procedure for disbursement of compensation

cheques; Identification of the implementing NGO that will assist MAIL in RAP implementation; Development of internal monitoring indicators and procedures; Identification of external monitoring agency who will undertake independent monitoring.

MAIL is also committed to provide adequate advance notice to the APs and pay their due compensation based on the eligibility criteria defined in this RPF for resettlement including relocation and income restoration/assistance prior to start of construction work. The APs of affected structures/assets (houses, shops, etc.) will be paid their due compensations at least three months (90 days) prior to demolition of any structures. This time will allow them to dismantle and remove all salvageable material for rebuilding of houses and reestablishment of businesses.

Payment of compensation of assets other than structures (land, crops, and trees) will be made at least90 days prior to actual possession of the space being utilized by the APs. However, in case of a dispute regarding the compensation amount, up to 70% of the assessed/allocated amount of compensation will be paid to APs and the rest pledged in an escrow account in the names of the concerned APs, pending the resolution of the dispute. In case of dispute over rightful ownership, the compensation would be deposited in an escrow account awaiting the court resolution of rightful ownership. In such an exceptional case, the MAIL may possess the land without full payment of compensation.

Grievances or objections (if any) will be redressed as per grievance redress procedure adopted in this RPF. 57

However, all activities related to land acquisition and resettlement will be completed prior to initiation of silo rehabilitation activity. In case of absentee owners (e.g. conflict displaced persons), the compensation amount would be deposited in an escrow account and issued to the rightful AP upon verification of identity and claim. The government will take all appropriate means (through electronic and written media, words of mouth through community relations) to identify/locate absentee landowners and provide documentation of these efforts.

1.8.2 Process of RAP ImplementationThe following paragraphs explain in detail how compensation will be delivered to APs and the prerequisites needed in triggering the release of financial resources to the ultimate beneficiaries. These steps are formulated in the light of the assumed availability of finance, the security situation, and travelling time. No account is taken of the likely situation in any province or district where sub-projects might take place.

The steps for the delivery of compensation for all eligible APs will be the following:

i. Obtain financial resources: Based on the final budget of each RAP. PIU shall obtain the needed money for its counterpart to fund the land acquisition component from the Ministry of Finance.

ii. Verification of the list of qualified APs: PIU through the Implementing NGO will verify the list of APs provided in the RAP to ensure that all eligible APs will be properly compensated and non-eligible APs will be excluded. To ensure that identification and qualifications are guaranteed, village elders and community Shuras will be consulted to resolve issues rising from the list.

iii. Notification of a detailed compensation package: PIU through the Implementing NGO will prepare and provide each AP with a detailed breakdown of affected assets, and the unit cost of each asset affected and the total compensation that they will receive.

iv. Final conciliation/expropriation: APs who disagree with the amount of the detailed compensation package and how it was arrived at will be provided with a last or final chance to settle these issues with the Implementing NGO facilitating this meeting. In the event that PIU and the APs still cannot agree, the PIU will file expropriation proceedings in the appropriate court, asking that MAIL be permitted to take possession of the affected asset. The PIU will pay the AP 70% of the contested sum and deposit the remaining amount in an escrow account in a bank.

v. Locate absentee owners: The PIU through the Implementing NGO and village leaders shall try to locate absentee owners of affected assets. There are some cases where owners are residing or working in other places and every effort must be undertaken to locate these absentee owners.

vi. Notification to the public: available media and community bulletin boards will be utilized to inform the public that lands with the corresponding owners will be affected by the project.These will provide sufficient time for any adverse claimants on lands that will be affected to raise their opposition or claims over the affected lands.

vii. Preparation of invoices: Invoices for each of the eligible APs will be prepared by PIU/Implementing NGO. This document entitles each of the APs to receive the amount indicated in the invoice.

viii. Delivery of the money to local bank: the money from MAIL/MoF will be remitted to a local bank in the nearest town to the sub-project site. However, the MAIL/PIU may remit the money for compensation to any bank of its choice. The bank account will be opened by PIU which will receive from Kabul the compensation on behalf of the APs.

x. Payment: The APs will each receive a cheque for the whole amount of compensation from the PIU. The AP will sign a document acknowledging the receipt of the whole compensation and a

58

waiver attesting that he/she has no longer any pending claim over the affected property. A photograph shall be taken with the AP receiving the cheque as part of project documentation. The AP will cash the cheque by presenting their national identification card (NIC) and/or election registration card to the bank. Persons without NICs will have to explain to the pertinent authorities the reasons why they are not in possession of the NIC. APs will be encouraged to open a bank account in any bank and only carry necessary money to their respective villages to avoid unnecessary exposure to those who might wish illegally or with force to relieve them of their cash. The benefits of having a savings account will be part of the information to be provided by the Implementing NGO.

1.9 Complaints and Grievance RedressBased on the LLE when private landholdings are acquired for public purposes such as silo building, compensation is paid to the owner based on the category and location of the affected land and the values of land for compensation are determined by the Council of Ministers. The decision is based on the recommendation of a land acquisition committee (LAC) consisting of the following members:

Affected person who uses the land or his/her representative, Representative of Ministry of Agriculture, Irrigation and Livestock, Representative of the Ministry of Finance, Representative of the Ministry of Justice, and Representative of the CDC

The land acquisition process is initiated with the constitution of the land acquisition committee. As land and other assets are acquired for a public purpose, the law does not permit any objection to the acquisition of an individual’s property by the state. Usually, there are dissatisfactions that arise with these acquisitions, mostly relating to the value of compensation. The LAC inquiries into the matter and reviews the valuation and tries to arrive at a win-win solution. The whole process is based on a negotiated approach and as the AP or his/her representative is a member of this legally constituted LAC, a consensus is reached on the replacement value of the land and assets lost. The LAC thus also performs the tasks of a grievance redress committee.

However, if after this negotiated approach, the issue remains unresolved, the affected person may elevate the matter to the sub project’s Grievance Redress Committee (GRC) to try to resolve the issue. For grievances related to land acquisition the GRC membership will be expanded to include representatives from the implementing NGO and the local legal department. It should be pointed out however, that this committee does not possess any legal mandate or authority to resolve land issues but rather acts as an advisory body or facilitator to try to resolve issues between the affected household and the MAIL/PIU who would implement the valuation based on the decision of the LAC. The GRC will be composed of the following members:

Affected person or his/her duly appointed representative, Representative of the local administration (from the office of the governor), Representative from MAIL - ESMU, Representative from the local legal department, Representative of the implementing NGO

The grievance redress committee will register the unresolved matter and meet to try to resolve the issue. A recommendation should be made within 7–10 working days. In the case of the absence of any of the members during the decision-making process, an appropriate candidate will be nominated by the original representative. If no decision has been promulgated after 10 working days from the last meeting of the grievance redress committee, the affected person may take the issue to the next level. The AP always has the final recourse to seek redress through the legal system. However, every effort must be exerted to

59

avoid this alternative because it entails loss of time and expenses on the part of the AP.

The process of grievance redress has been made simple to expedite the process of decision making and facilitate effective implementation. The grievance redress committee includes a representative from the local administration and the affected individual. Grievances are expected to be redressed locally within the existing Framework.

Communities and individuals who believe that they are adversely affected by a World Bank (WB) supported project may submit complaints to existing project-level grievance redress mechanisms or the WB’s Grievance Redress Service (GRS). The GRS ensures that complaints received are promptly reviewed in order to address project-related concerns. Project affected communities and individuals may submit their complaint to the WB’s independent Inspection Panel which determines whether harm occurred, or could occur, as a result of WB noncompliance with its policies and procedures. Complaints may be submitted at any time after concerns have been brought directly to the World Bank's attention, and Bank Management has been given an opportunity to respond. The process to submit complaints to the World Bank’s corporate Grievance Redress Service (GRS) is provided at h t tp : / /w ww . w o rldbank. o r g / GR S . The process on how to submit complaints to the World Bank Inspection Panel is provided at http : / / w ww .insp e cti o npa n e l. o r g .

1.10 Monitoring and Evaluation

1.10.1 GeneralProject activities will undergo both internal and external monitoring. Internal monitoring will be conducted by the PIU, assisted by the Supervision Consultant. External monitoring will be assigned to an independent External Monitoring Agency (EMA) to be hired by MAIL/PIU, and approved by the World Bank.

1.10.2 Internal MonitoringInternal monitoring will be carried out routinely by the PIU through the PIU and results will be communicated to World Bank and the MAIL through the regular project implementation reports. Indicators for the internal monitoring will be those related to process, immediate outputs and results. This information will be collected directly from the field and reported monthly to the PIU to assess the progress and results of RAP implementation, and to adjust the work program, if necessary. The monthly reports will be consolidated every quarter in standard supervision reports and submitted to the World Bank. Specific monitoring benchmarks will be:

Information campaign and consultation with APs; Status of land acquisition and payments on land compensation; Compensation for affected structures and other assets; Temporary displacement of APs Relocation of APs; • Payments for loss of income; Income restoration activities. Grievances received and status of redress

1.10.3 External MonitoringThe implementation of this project might take several years. It will therefore be necessary that external Third Party monitoring is carried out on a regular basis with the results communicated to the PIU and the World Bank through a bi-annual compliance report. (The ToR for the Third Party Monitoring will be part of the RAP). The EMA will be responsible for the preparation of the compliance report confirming that all compensation and related resettlement assistance in cash or kind are being delivered to the affected households.

60

Based on the results of the compliance report, the EMA will recommend to MAIL/the World Bank if the necessary civil engineering works can commence. A copy of the compliance report and its recommendations will be submitted to the PIU, supervising consultant and the World Bank simultaneously.

The EMA will also assess the status of project affected vulnerable groups such as female-headed households, disabled/elderly and poor families. The following will be considered as the basis to develop the indicators for monitoring and evaluation of the project:

Socio-economic conditions of the APs in the post-resettlement period; Communications and reactions from APs on entitlements, compensation, options, alternative

developments and relocation timetables etc.; Changes in housing and income levels; Effectiveness of arrangements for temporary displacements; Rehabilitation of squatters (if any); Valuation of property; Grievance procedures and outcomes; Disbursement of compensation; and Level of satisfaction of APs in the post resettlement period.

For each sub-project, the EMA will carry out a post-implementation evaluation of the RAP about 1 year after its implementation to find out whether the RAP objectives were attained or not. The socio- economic survey base-line will be used to compare pre- and post- project conditions. The EMA will recommend supplemental assistance for the APs in case the outcome of the study shows that the objectives of the RAP have not been attained.

1.10.4 Management Information SystemsAll information concerning resettlement issues related to land acquisition, socio-economic information of the acquired land and affected structures, inventory of losses by APs, compensation and entitlements, payments and relocation will be collected by the Implementing NGO. This data bank would form the basis of information for RAP implementation, monitoring and reporting purposes and facilitate efficient resettlement management.

1.10.5 Reporting RequirementsThe Implementing NGO will be responsible for supervision and implementation of RAP and prepare monthly progress reports on resettlement activities and submit to the PIU for review. The Implementing NGO will also monitor RAP implementation and submit quarterly reports to MAIL/PIU and the World Bank. The external monitoring agency (EMA) will submit bi-annual reviews directly to the World Bank and determine whether or not resettlement goals have been achieved; more importantly whether livelihoods and living standards restored/enhanced and suggest suitable recommendations for improvement.

61

# Attributes of Ineligible Sub-projects

1 Involves the significant conversion or degradation of critical natural habitats. Including, but notlimited 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; and Kole Hashmat Khan (Proposed) Waterfowl Sanctuary.

2 Will significantly damage non-replicable cultural property, including but not limited 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; and Archaeological site of Surkh Kotal. Other conservation hot spots

3 Requires involuntary acquisition of land, or the resettlement or compensation of more than 200 people.

4 Supports commercial logging or plantations in forested areas.

5 Affected land is under dispute

6 Subproject that requires full EIA or SIA according to WB’s safeguard policies as determined in consultation with the WB safeguard team

Annex 1:

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

i

Annex 2:

Chance Find ProceduresChance find procedures are defined in the law on Law on the Preservation of Afghanistan’s Historical and Cultural Heritages and Artifacts (Official Gazette, April 16, 2004), specifying the authorities and responsibilities of cultural heritage agencies if sites or materials are discovered in the course of project implementation. This law establishes that all moveable and immovable historical and cultural artifacts are state property, and further:

The Archaeology Institute and the Historical Artifacts Preservation and Repair Department are both responsible to survey, evaluate, determine and record all cultural and historical sites and collect and organize all historical documents related to each specific site. No one can build or perform construction on the recorded historical and cultural site unless approved or granted permission or agreement is issued from the Archaeology Institute.(Art. 7)

All moveable and Immovable historical and cultural artifacts and heritage items that are discovered or remain buried and not discovered/excavated in Afghanistan are the property of the Islamic Republic of Afghanistan and any kind of trafficking of such items is considered theft and is illegal.(Art. 8)

Whenever municipalities, construction or other companies (whether they are governmental or private) find or discover valuable historical and cultural artifacts during the conduct of their projects, they are responsible to stop their project and report any findings to the Archaeology Institute about the discovery.(Art.10)

Any finder or discoverer of historical and cultural sites is obligated to report a find or discovery to the Archeology Institute immediately but not later than one week if it is in the city and not later than 2 weeks if it is in a province. All discovered artifacts are considered public properties and the Government of Afghanistan will pay for all lands and sites which are considered to be of historical or cultural value.(Art. 19, 1)

Whenever there is an immovable historical and cultural site discovered which includes some movable historical and cultural artifacts, all such movable artifacts are considered public property and the owner of that property will be rewarded according to Article thirteen (13) of this Decree.(Art. 19, 2)

A person who finds or discovers a movable historical and cultural artifact is obligated to report the discovery to the Archaeology Department no later than seven (7) days if he/she lives in the capital city of Kabul, and in the provinces they should report the discovery to the Historical and Cultural Artifacts Preservation Department or Information and Culture Department or to the nearest governmental Department no later than fourteen (14) days.Mentioned Departments in this article are responsible to report the issue to the Archaeology Department as soon as possible and the discoverer of the artifact will be rewarded according to Article 13 of this Decree. (Art.26).Whenever individuals who discover historical and cultural artifacts do not report such discoveries to the related Departments within the specified period according to Articles 19 and 26 of this Decree, they will be incarcerated for a minimum of one (1) month but not more than a maximum of three (3) months. (Art. 75)

The above procedures must be referred to as standard provisions in construction contracts, when applicable. During project supervision, the Site Engineer shall monitor that the above regulations relating to the treatment of any chance find encountered are observed.Relevant findings will be recorded in World Bank Project Supervision Reports (PSRs), and Implementation Completion Reports (ICRs) will assess the overall effectiveness of the project’s cultural resources mitigation, management, and capacity building activities, as appropriate.

II

Annex 3:Sub-project Screening Checklist

A3.1 Safeguard Screening Checklist

1. The Safeguard Response to Screening Questions Form will be completed for all the sub-projects while the check list for (a) to (d) will be applied as relevant and the results included in the ESMP for the safeguard declaration forms.

Safeguard Response to Screening Questions FormA Environmental and Social Impacts ResponseLocation

1 Are there environmentally sensitive areas (forests, pastures, rivers and wetlands) or threatened species that could be adversely affected by the sub- project?

2 Does the sub-project area (or components of the project) occur within or adjacent to any protected areas designated by government (national park, national reserve, world heritage site, etc.)?

3 If the sub-projects are outside of, but close to, any protected area, is it likely to adversely affect the ecology within the protected areas (e.g., interference with the migration routes of mammals, fish or birds)?

4 Will the sub-projects reduce people’s access to the pasture, water, public services or other resources that they depend on?

5 Might the sub-projects alter any historical, archaeological or cultural heritage site or require excavation near such a site?

Physical and biological environment6 Will sub-projects require large volumes of construction materials (e.g. gravel,

stones, water, timber, firewood)?

7 Might the sub-projects lead to soil degradation or erosion in the area?8 Might the sub-projects affect soil salinity?9 Will the sub-projects create solid or liquid waste that could adversely affect

local soils, vegetation, rivers, streams or groundwater?

10 Might river or stream ecology be adversely affected due to the installation of structures such as weirs etc.?

11 Will the sub-projects have adverse impacts on natural habitats that will not have acceptable mitigation measures?

12 Do the sub-projects have human health and safety risks, during construction or later?

13 Might the sub-projects lead to migration into the area?Alternatives

14 Is it possible to achieve the objectives above in a different way, with fewer environmental and social impacts?

B Land Acquisition and Social Issues1 Will the sub-projects require acquisition of land (public or private) for its

development?

III

2 Will anyone be prevented from using economic resources (e.g. pasture, community place, forests etc.) to which they have had regular access?

3 Will the sub-projects result in the involuntary resettlement of individuals or families?

4 Will the sub-projects result in temporary or permanent loss of crops, fruit trees and household infrastructure such as granaries, toilets, kitchens etc?

5 Will the sub-projects affect the livelihoods of the affected, especially of the vulnerable groups?

Does the subproject involve water sources under dispute?

Does the sub-project impact any lands under dispute or with contested ownership?

C Local Minorities1 Might the project adversely affect local minority groups or vulnerable people

living in the area?

2 Are there members of these groups in the area who could benefit from this project?

Have women been part of community consultations?

If any project affected people are suffering negative livelihood impact because of the project or any of their land or assets are impacted, or access to any of these, then further action is required in terms of identifying impact, consult with PAPs, minimize impact and find mitigation measures and compensation.

Regarding land acquisition, it is necessary to have documentation for consultations with PAPs, and also documentation in case of voluntary land donation, and of community compensation. It is also necessary to stipulate that any acquired land be legally transferred to the community in order to avoid future disputes. The land document should also be certified by local government agency, i.e. local court or district office and a copy of land transformation document should also be kept in local government office. (see Annex 7)

In case of dispute over land, then the sub-project should either be dropped or the dispute should be resolved first at local level through skilled mediators like the NGOs or similar competent bodies.

D Safety

Is there probability of the presence of landmines or unexploded devices at or near the proposed sub-project area?

IV

Annex 4:

Environmental and Social Management Plan (ESMP)

1. This annex presents scope of the ESMP (A4.1) and typical impacts and mitigation measures (A4.2) for the SGR project. The ESMP to be prepared according to the recommendations of the World Bank environmental safeguard specialist while additional guideline has been provided according to the implementation stages (detail design, construction, and operation stages).

A4.1 Scope of ESMP2. The ESMP format has been prepared. Section (A) and (B) describe the content of the ESMP and scope of

ESMP supervision respectively

Suggested scope of the ESMPSubprojectActivity

Potential Environmental and SocialImpacts

Proposed MitigationMeasure(s)

InstitutionalResponsibilities

CostEstimates

Comments(e.g. secondary impacts)

Pre-ConstructionPhase (Design)ConstructionPhaseOperation and Maintenance Phase

(A) Contents of an ESMP

A description of the possible adverse effects that the ESMP is intended to address; Identification of project design alternatives that would meet similar objectives, and a description of why these

projects are not viable, especially if they have a lesser environmental or social impact; A description of planned mitigation measures, and how and when they will be implemented; A program for monitoring the environmental and social impacts of the project, both positive and

negative; A description of who will be responsible for implementing the ESMP; and A cost estimate and source of funds.

(B) Supervision of ESMP

3. Supervision of the ESMP, along with other aspects of the project, covers monitoring, evaluative review and reporting and design to:

determine whether the project is being carried out in conformity with environmental and social safeguards and legal agreements;

identify problems as they arise during implementation and recommend means to resolve them; recommend changes in project concept/design, as appropriate, as the project evolves or circumstances

change; Identify the key risks to project sustainability and recommend appropriate risk management strategies to the

Proponent; and It is vital that an appropriate supervision plan is developed with clear objectives to ensure the successful

implementation of an ESMP.

V

A4.2 Typical impacts and mitigation measures for the SGR project

This annex provides technical guidelines on typical impacts and mitigation measures for SGRP subprojects which will be applied for the project during the preparation of an ESMP. These guidelines will be used during the finalization of the ECOP and the development of appropriate training materials for capacity building of the project team, and key stakeholders.

VI

Typical impacts its mitigation measures and monitoring indicators for the SGR project

S:No Activity Potential Impacts Mitigation Measures

Responsibility Indicator

Execution Monitoring

Design Phase

1 Site selection Involuntary resettlement

Government-owned land to be selected to avoid involuntary resettlement.

Resettlement Action Plan will be prepared to address any acquisition of private land during subsequent project phases

Safeguard andDesign teams

PIU/MAIL Preparation of RAP or abbreviated action plan

2 Design considerations

Risk of flooding The design will ensure that facilities remain safe from flood

Appropriate rising of the foundations will be carried-out if the available sites are not currently at the appropriate level.

Appropriate drainage system will be included in the facility design.

Safeguard, GIS and Design teams

PIU/MAIL Flood RiskManagement plan

VII

3 The existing facilities may need to rise to meet the minimum height to avoid flood level, thus, each of the site will need soil.

Loss to Agriculture and/or Grazing Land

The possible sources of material should be identified at the design phase. The contractor needs to comply with the identified sources. If necessary the contractor will identify the sources of material which will not impact the existing agricultural land and grazing land.

If the adjacent agriculture land is used for collecting earth, the contractor will ensure the top soil are put aside during collection and put back to the earlier place after collection. The location of stockpiling of construction material, construction camp site and debris from the demolished structure should be identified. The locations will neither the agricultural/grazing land nor the location which will create problem to the adjacent areas including residential, school, masjid etc. and local people.

Safeguard, GIS and Design teams

PIU/MAIL Flood RiskManagement plan

4 Design ofwaste disposal facilities

Soil and water contamination

Appropriate waste collection and disposal systems will be included in the design of the Silo facilities and ancillaries.

Appropriate waste including sewage disposal facilities such as septic tanks and soaking pits of adequate size and capacity will be included in the design of the office and housing facilities.

Safeguard andDesign teams

PIU/MAIL Waste disposal facilities installation

VIII

5 Borrow areaSelection for extraction of earthen material.

Loss of habitat andincrease in Soil erosion;Loss of fertile soil;obstruction in natural drainage

Selection of borrow areas bearing no natural habitats and approved by SGRP and communities’ members; as far as possible not in erodible and steep slope areas

The contractor has to extract the material from the specified and demarcated borrow areas.

No agricultural land will be used as a borrow area needed and appropriate, particularly at work sites and near the communities.

Safeguard team

PIU/MAIL/D AIL, Communities

Approved areas selected and marked in Contractor Mobility Map

6 Location of stockpiling of constructionmaterial,construction camp and debrisfrom thedemolished structure

Damage to the Existing Infrastructures

The design will ensure location of stock piling of construction material, construction camp and debris from the demolished structure has been identified. The locations will not create problem to the adjacent areas including residential, school, mosque etc. and local people.

The safeguard officer prepares the action plan for the contractor on the work plan which will identify the sources of material, the route of transportation to the site and construction time.

At the design period, a traffic management plan with the existing traffic and projection of increased traffic volume during the construction and operational phase should be developed to minimizing the noise pollution during construction and operation phase

Safeguard team PIU/MAIL Approved areas selected and marked in Contractor Mobility Map

IX

7

Waste disposalsites

Degradation ofground water, streams, and rivers from solid and liquid wastes

Locate waste disposal sites away from surface and ground water sources, watercourses, housing and town centers

Install grease traps and skim tanks Ensure receiving waters for liquid wastes are

able to absorb and naturally decompose the effluent

Screen waste liquids to remove coarse solids Ensure waste that is stored before transport to treatment facility or landfill cannot leak in to the ground

Safeguard team PIU/MAIL Approved areas selected and marked in Contractor Mobility Map

8Camp SiteSelection

Temporary Change in land

Use and land form; Contamination of

soil and water; Soil erosion; Resource

consumption; Additional

load on local facilities such as schools, hospitals, electricity and water supply

Location of construction camp will be finalized after consultation with nearby communities

Camps will be established within the Silo facilities as far as possible.

If private land is needed, appropriate rent to be paid to the land owner after completing all documentation requirements to be done.

Contractor, Safeguard and Design teams

PIU/MAIL Camp Site

X

9

Camp Site Selection criteria

Soil erosion Construction camps will be located in a stable and flat area, requiring minimal de-vegetation and leveling. The camps will preferably be located inside the existing Silo facilities

Embankments and excavated slopes will not be left untreated/unattended for long durations.

Appropriate slope stabilization measures will be taken per the design (e.g. stone pitching).

After the completion of the construction works, the construction sites, campsites and other work areas will be completely restored. No debris, surplus construction material or any garbage will be left behind.

Photographic record will be maintained for pre-project, during-construction and post-construction condition of the sites.

Contractor, Safeguard and Design teams

PIU/MAIL Camp Site

Implementation Phase

1Construction machinery and project vehicles will release exhaust emissions

Air QualityDeterioration

The vehicular and equipment exhaust should comply with the guidance

Contractor to ensure compliance with the standard for ambient air quality.

Water will be sprinkled where needed and appropriate, particularly at work sites near the communities.

Liaison will be maintained particularly with the communities near the camps and worksites.

Contractor PIU/MAIL ESMP

XI

2

Noise Pollution Health issues The contractors will ensure that the noise from the construction sites complies with the national and the WB standards.

Vehicular traffic through the communities will be avoided as far as possible. Project routes will be authorized by the Sit Supervisor.

Vehicle speeds will be kept low, and horns will not be used while passing through or near the communities.

Vehicles will have exhaust silencers to minimize noise generation.

Night time traffic will be avoided near the communities.

Movement of all project vehicles and personnel will be restricted to within work areas, to avoid noise disturbance.

Working hours for construction activities within the communities will be limited to between 8amand6pm.

Liaison with the community will be maintained.

Grievance redress mechanism will be put in place to address the community complaints.

Contractors PIU/MAIL Excessive noise generation controlled

3

Vehicular Traffic Dust and smoke emissions andRisk to the villagers health

Project drivers will be trained on protective driving practices.

Speed limits will be enforced for the project vehicles. Reduced speed near communities. Liaison should be maintained particularly with the

communities near the campsite and worksites. Safety signs should be placed at the work sites.

Contractor PIU/MAIL Respiratory diseases

XII

4 The constructionactivities ( heavy constructionmachinery, vehicular traffic, excavation, filling operations and demolition of structures).

Safety Hazards andPublic Health

The contractor will provide personal protective equipment (PPE) to the construction staff and will ensure its appropriate usage.

Availability of safe drinking water will be ensured for the construction staff.

First aid boxes will be made available at each construction site. Emergency phone numbers (including hospitals, Fire Department, and Police) will be displayed at key locations within the site. The site will have an ambulance available.

The construction sites and the campsites have protective fencing to avoid any unauthorized entry.

Vehicular speeds near/within communities will be kept low to minimize safety hazards.

Firefighting equipment will be made available at the camps and worksites.

The camp staff will be provided safety including firefighting training.

All safety precautions will be taken to transport, handle and store hazardous substances, such as fuel.

The contractor will prepare Demolition work Plan for each site when necessary and obtain approval from the Safeguard specialist.

Contractor PIU/MAIL Serious accidentto the worker and People in the vicinity.

5The silo sites of Kabul, Pol-e Khumree, Herat, Mazar and Kandahar are in congested area.

Blocked access routes The contractor will prepare traffic management plan prior to commencing mobilization and obtain approval from the Safeguard Specialist

The construction facilities (work areas, campsites, workshops, others) will be established after obtaining approval from the Supervision consultants and ensuring that no roads or routes are blocked.

Contractor PIU/MAIL Traffic ManagementPlan

6

The construction activities and stock-piling of construction material

In case of the block age of the existing routes, alternate routes will be identified in consultation with affected communities.

Contractor PIU/MAIL Traffic ManagementPlan

XIII

7damage to theroads, electricity lines, waterchannels, jetties,and other structures

Damage toInfrastructure

It will be ensured that no damage is caused to the infrastructure at the site.

Appropriately sized vehicles will be used to transport the material construction, minimizing the wear and tear of the transportation routes.

All damaged infrastructure will be restored to original or better condition.

Contractor PIU/MAIL ESMP

8Gender Inclusion Cultural and

Gender issues Liaison with the communities will be

maintained throughout the construction phase. Grievance redress committee will be

established at each site.

Safeguard team, Contractor

PIU/MAIL GenderMainstreaming

9

Waste generation (domestic solid waste, waste water including sewage. oily water, waste oils, oily rags, and other similar wastes)

Soil and water contamination

No untreated waste effluents will be released to ground or water.

Vehicles and equipment will not be repaired in the field. If unavoidable, impervious sheathing will be used to avoid soil and water contamination.

For the domestic sewage from the construction camps and offices, appropriate treatment and disposal system, such as septic tanks and soaking pits, will be constructed having adequate capacity. The camps will preferably be established inside the existing Silo facilities as far as possible.

Waste oils will be collected in drum sand sold to the recycling contractors.

Safeguard team PIU/MAIL Approved areas selected and marked in Contractor Mobility Map

The inert recyclable waste from the site (such as cardboard, drums, broken/used parts, etc.) will be sold to recycling shop. The hazardous waste will be kept separate and handled according to the nature of the waste.

Domestic solid waste from the construction camps will be disposed in a manner that does not cause soil contamination.

XIV

10

The constructionactivities and increased vehicular traffic

Noise and Vibration Vehicular traffic through the communities will be avoided as far as possible. Project routes will be authorized by the Safeguard specialist.

Vehicle speeds will be kept low, and horns will not be used while passing through or near the communities.

Vehicles will have exhaust silencers to minimize noise generation.

Nighttime traffic will be avoided near the communities.

Movement of all project vehicles and personnel will be restricted to within work areas, to avoid noise pollution.

Working hours for construction activities within/near the communities will be limited to between 8 am and 6 pm.

Liaison with the community will be maintained. Grievance Redress Mechanism will be put in place to address the community complaints.

The construction workers need to be provided the workers will use safety device for protection of ears (earmuffs and ear- plugs etc.)

Silo facility foundation shall be designed to minimize vibration effect.

Contractors Safeguard officer No Noise disturbances

XV

11 Camp

establishment Site clearance Excavation Obtaining

material from borrow sites

Construction of silo foundations.

Soil Erosion Construction camps will be located in a stable and flat area, requiring minimal de- vegetation and leveling. The contractor(s) will obtain approval from the Supervision Consultants for this purpose. The camps will preferably be located inside the existing Silo facilities.

Embankments and excavated slopes will not be left untreated/unattended for long durations.

Appropriate slope stabilization measures will be taken per the design (e.g. stone pitching).

After the completion of the construction works, the construction sites, campsites and other work areas will be completely restored. No debris, surplus construction material or any garbage will be left behind.

Photographic record will be maintained for pre-project, during-construction and post-construction condition of the sites.

Contractor SafeguardOfficer

Contractor Mobilityand camp site map

12

Water Availability and Consumption

Potentially cause conflict with the existing water users

Penetrating plan will be prepared to conserve water at the construction s and campsites. Water will be providing in a manner that least affects the existing water users and local communities.

The contractors will submit the plan to provide and consume water for their construction as well as camp needs, and obtain approval from the Safeguard office.

Extreme care will be taken when working close to wells and other water sources. Any damage caused by the project activities will be repaired.

Contractor Safeguard team No conflict with the existing water users

XVI

13

starting theconstruction works

Loss of NaturalVegetation

Clearing natural vegetation will be avoided as far as possible.

The campsite will be established in a natural clearing as far as possible

Complete record will be maintained for any tree cutting. Compensatory tree plantation will be carried-out.

Prepared an inventory of the trees to be felled, and then prepare a tree plantation plan and the species to be planted.

Contractor Safeguard officer Contractor Mobility map to show the campsite location

14Aesthetic Value Rehabilitation of

silos may potentially affect the aesthetic value of the area

Screens will be used at the site periphery Landscaping and tree plantation will be carried out at

the site and camps where possible. Proper housekeeping will be regularly carried out at

the site and camps.

Contractor Safeguard officer ESMP

15presence of a large workers

cause conflicts with the nearby communities, privacyissues for the women and other similarproblems

Liaison with the communities will be maintained throughout the construction phase.

Grievance redress mechanism will be established at each site (details are provided later in the document).

Contractor Safeguard officer/ Community

ESMP

Operation Phase

XVII

1

The O&Mactivities

Hazards particularly to the O&M staff. These may include electrocution, fall, burns, cuts and other body injuries, asphyxiation, and exposure to phosphine gas. The fuel storage at the silo facilities may also pose safety hazards for theO&M staff as well as for surrounding population.

The Operational Manual of each facility. The Plan will particularly address procedures to handle aluminum phosphide and to prevent exposure to phosphine gas.

Material safety data sheet (MSDS) will be followed to handle aluminum sulphide and other hazardous chemicals.

PPE will be provided to the O&M staff. HSE trainings will be provided to the O&M staff on a

regular basis. Availability of safe drinking water will be ensured

at each facility. First aid boxes will be made available at each

construction site. Emergency phone numbers (including hospitals, Fire Department, and Police) will be displayed at key locations within the facility.

Firefighting equipment will be made available at the facilities.

The O&M staff will be provided safety including firefighting training.

All safety precautions will be taken to transport, handle and store hazardous substances, such as fuel.

Waste management plan to be prepared and implemented in accordance with international best practice.

Silo O&Mhead

MAIL/DAIL Incidence of electrocution, fall, burns, cuts and other body injuries

2Waterconsumption

Create conflict among water users

Astute planning will be employed to conserve water at the plant, offices and residential area.

Water will be provided in a manner that least affects the existing water users and local communities. Preferably, the facility will have its own dedicated water source such as a deep tube-well.

O&M staff MAIL No conflict with theExisting water users

3ElectricityConsumption

chilling system isinterrupted

Ensure electricity connection from multiple grids. Keep the provision for backup generator

O&M staff Silo Head Running theoperation as normal

XVIII

4

Transporting grains Air quality (Release exhaust emissions, containing carbonmonoxide (CO), sulfur dioxide (SO2), oxidesof nitrogen (NOX), and particulate matter(PM).

The vehicular and equipment exhaust should comply with the regular maintenance.

The bag filters will be maintained regularly, ensuring that there is no excessive leakage and release of PM.

Compliance with the standard for ambient air quality will be ensured.

These suction ducts will be suitably installed at the dump pit of the grain collection point, to the bucket elevator and chain conveyors also to collect dust during operation of silos.

The O&M staff will be provided HSE trainings on regular basis; these trainings will address the issues related to phosphine gas.

O&M staff HSE Staff Regular and timely equipment maintenance and check-up

5

Running ofmotors, conveyor belts, bag filters, chilling plant, dryers, and others)

Generate noise andvibration which are likely to affect the O&M staff and nearby communities

PPE (earmuffs or ear plugs)will be provided to the O&M staff

Vehicular traffic through the communities will be avoided as far as possible. Project routes will be authorized by the Supervision Consultants.

Vehicle speeds will be kept low, and horns will not be used while passing through or near the communities.

Vehicles will have exhaust silencers to minimize noise generation.

Nighttime traffic will be avoided near the communities.

Movement of all project vehicles and personnel will be restricted to within work areas, to

Liaison with the community will be maintained. Grievance redress mechanism will be put in place to address the community complaints.

O&M staff HSE Staff HSE Plan

XIX

6

Inappropriatewaste disposal from the O&Mactivities

Soil and WaterContamination

Each facility will have waste management plan as part of its Operations Manual. No untreated waste effluents will be released to the environment.

For the domestic sewage from the offices and residential areas, appropriate treatment and disposal system, such as septic tanks and soaking pits, will be constructed having adequate capacity.

Waste oils will be collected in drums and sold The recyclable waste from the site (such as

cardboard, drums, and broken/used parts) will be sold to recycling contractors. The hazardous waste will be kept separate and handled according to the nature of the waste.

Domestic solid waste from the office sand residential areas will be disposed in a manner that does not cause soil contamination.

O&M staff HSE Staff HSE Plan

7AestheticValue

Presence of silos maypotentially affect the aesthetic value of thearea

Landscaping and tree plantation will be carried out at each facility.

Proper housekeeping will be regularly maintained at the facilities.

O&M staff O&M staff Landscaping and greenery

XX

Annex 5: Environmental Codes of Practice (ECOP)

1. Introduction: This annex presents a generic ECOP to be finalized during the preparation of an Environmental and Social Management Plan (ESMP) or the preparation of safeguard documents to be incorporated during the safeguard certification process. The final ECOP will be incorporated into bidding and contract documents and applied to all rehabilitation works of subprojects or other works to be conducted under the SGSR project. The ECOP was developed based on the principle that the potential negative impacts of works could create similar potential impacts (increased in air, noise, vibration, waste generation, etc.) and could be mitigate through good environmental management practices however the scale and level of issues and the required mitigations and its associated cost are different and require different efforts and expertise during supervision and monitoring. The application of ECOP may be new to WB support project for MAIL, and further development is expected so that it could become a standard procedure to be mainstreamed into MAIL operations related to works in the near future.

2. Application of ECOP: According to the criteria established for type of works and the screening criteria for SGRP, all rehabilitation works will apply the generic ECOP describes in this annex. After the ESMP is approved by WB or clearance is given by the Safeguard Officer (form B2 in Annex 3), the PIU will incorporate the final ECOP in to bidding and contract documents and ensure that the bidders/contractors are committed to this obligation and are aware that the mitigation cost is part of the construction cost. Before construction begins the PIU will assign a qualified field engineer or the construction supervision consultant (CSC) to be responsible for the day-to-day supervision and monitoring of safeguard performance of contractor and including the results in the construction supervision progress report. PIU will also mobilize an environmental monitoring consultant (EMC) to conduct periodic monitoring of the contractor performance and report the results and possible complaints from local authorities, communities, and/or other stakeholders.

3. Scope of ECOP: ECOP requirements are divided into 2 parts: (1) General Provision and Planning and (2) Construction Management and Monitoring. Part (1) describes roles and responsibility of the subproject owner, contractor, and supervisor including the basic principles for contractor to consider during the construction planning or development of the contractor’s standard operation procedures (SOP) while Part (2) describes standard requirements during execution of works to reduce potential impacts on air, noise, vibration, water, etc. including monitoring indicators and monitoring requirements (if needed). Modifications the generic ECOP can be made to suit specific issues/conditions observed/agreed during the transect walk or the preparation of the ESMP and certification documents. For the sake of clarity, “construction” in this document includes all site preparation, demolition; spoil disposal, materials and waste removal and all related engineering and construction activities.

4. The following guidelines will be incorporated into the bidding and contract documents of the subproject to be conducted by Contractor.

Part (1): General Provision and Planning

Section (1.1) Contractor responsibility

1. The Contractor is responsible for making best effort to reduce and mitigate the potential negative impacts on local environment and local resident including making payment for all damages that may occur. Performance of the Contractor will be closely supervised and monitored by the Construction Supervision Consultant (CSC) and/or qualified field engineer as well as periodic monitored by a qualified consultant to be assigned by the subproject owner. Results of the ECOP compliance monitoring will be included as part of the construction progress report. Compliance with ECOP will be part of the Contractor’s construction compliance.

2. Specifically, the Contractor will be responsible to comply with, but not limited to, the followings:

XXI

The Contractor will install the Work Camp on areas far enough from water points, houses and sensitive areas in consultation with the community and the subproject owner. Good quality sanitary equipment should be selected and installed in the Work Camp.

The Contractor will manage all activities in compliance with laws, rules and other permits related to site construction regulations (what is allowed and not allowed on work sites), and will protect public properties. Degradation and demolition of private properties will be avoided. Paying compensation to damage to the public facilities and/or private property will be required. The Contractor will inform the subproject owner on issue and/or damages that may unexpectedly occur.

The Contractor is responsible for protection of local environment against dust, air, noise, vibration, exhaust fuels and oils, and other solid residues generated from the work sites. The Contractor should manage waste properly and do not burn them on site and also should provide a proper storage for materials, organize parking and displacements of machines in the site. Used oil and construction waste materials must be appropriately disposed off and adequate waste disposal and sanitation services should be provided at the construction site next to the generated areas. The Contractor should manage waste properly and do not burn them on site and also should provide a proper storage for materials, organize parking and displacements of machines in the site. In order to protect soil, surface and ground water the Contractor will 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. Compensation measures may be required.

The Contractor has the responsibility for maintaining good hygiene, safety, and security on work sites, including protection of and health and safety of staff and workers. The Contractor has to 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.

The Contractor should use a quarry of materials according to the mining code requirements and compensate planting in case of deforestation or tree felling. When possible, the Contractor should develop maintenance and reclamation plans, protect soil surfaces during construction and re-vegetate or physically stabilize eligible surfaces, preserve existing fauna and flora and preserve natural habitats along streams, steep slopes, and ecologically sensitive areas.

The Contractor should select sustainable construction materials and construction method, during construction, control dust by using water or through other means and control and clean the construction site daily.

The Contractor should install signaling of works, ensure no blockage of access to households during construction and/or provide alternative access, provide footbridges and access of neighbors and endure construction of proper drainage on the site.

The Contractor should respect the cultural sites, ensure security and privacy of women and households in close proximity to the camps and safely dispose asbestos.

Section (1.2) Non-compliance reporting procedures

3. The Contractor (and its subcontractors if any) must comply with the final ECOP. To ensure that necessary action has been undertaken and that steps to avoid adverse impacts and/or reoccurrence have been implemented, the EMCs and/or Contractors must advise the subproject owner within 24 hours of any serious incidents of non-compliance with the final ECOP that may have serious consequence. In the event of working practices being deemed dangerous either by the subproject owners, the local authorities, or the other concerned agencies, immediate remedial action must be taken by the Contractors. The Contractors must keep records of any incidents and any ameliorative action taken. The records on non-compliance that could be practically addressed (not cause serious impacts) should be reported to the subproject owner on a monthly basis.

4. The Contractor will be responsible for dealing with any reports/grievance forwarded by the subproject owner, Police or other agencies (by following instruction from the subproject owner representative as appropriate) as soon as practicable, preferably within one hour but always within 24 hours of receipt by either the Contractor. The CSC/EMC will monitor and ensure that the Contractor has taken appropriate action. Where appropriate,

XXII

approval remedial actions may require an agreement from the local authorities and/or other Government agencies. Procedures should be put in place to ensure, as far as is reasonably practical, that necessary actions can be undertaken to avoid recurrence and/or serious damage.

Section (1.3) Liaising with local authorities and the public

5. Prior to the commencement of subproject activities and throughout the construction duration, the Contractor will work closely with the local authorities and other agencies to ensure full compliance with Government regulations and will also provide adequate information on the Project to the General Public, especially those that may cause public safety, nuisance, and sensitive areas and the locations of storage and special handling areas. The Contractor will provide information and reporting telephone “Hot Line” staffed at all times during working hours. Information on this facility shall be prominently displayed on site hoardings.

Section (1.4) Community relations

6. The Contractor will assign one community-relation personnel, who will be focused on engaging with the community to provide appropriate information and to be the first line of response to resolve issues of concern. Contractors will take reasonable steps to engage with residents of ethnic minority backgrounds and resident s with disabilities (or other priority groups as appropriate), who may be differentially affected by construction impacts.

7. The Contractor will ensure that local residents nearby the construction sites will be informed in advance of works taking place, including the estimated duration. In the case of work required in response to an emergency, local residents shall be advised as soon as reasonably practicable that emergency work is taking place. Potentially affected residents will also be notified of the ‘Hotline’ number, which will operate during working hours. The “Hotline” will be maintained to handle enquiries regarding construction activities from the general public as well as to act as a first point of contact and information in the case of any emergency. All calls will be logged, together with the responses given and the callers' concerns action and a response provided promptly. The helpline will be widely advertised and displayed on site signboards.

8. The Contractor respond quickly to emergencies, complaints or other contacts made via the ‘Hotline’ or any other recognized means and liaise closely with the emergency services, local authority officers and other agencies (based on established contacts) who may be involved in incidents or emergency situations.

9. The Contractor will manage the work sites, work camps, and workers in a way that is acceptable to local residents and will not create any social impacts due to workers. Any construction workers, office staff, Contractor’s employees, or any other person related to the Project found violating the “prohibitions” activities listed in Section (1.7) below may be subject to disciplinary actions that can range from a simple reprimand to termination of his/her employment depending on the seriousness of the violation.

Section (1.5) Implementation of the Environmental Health and Safety (EHS) guideline

10. In line with WB safeguard policy, the Contractor is required to comply with the Environmental Health and Safety Guidelines (EHSG) established for the subproject with financial support from the WB group (WBG). The EHSG provides general guidance on the pollution prevention and abatement measures and workplace and community health and safety guidelines that are normally acceptable in Bank-supported projects, particularly in cases where the borrowing country does not have standards, or when its standards fall significantly short of international or industry-wide norms. The EHSG are divided in two parts: general guidelines on health and safety and pollution prevention and abatement, including general standards for air and water quality, and a set of sector-specific guidelines for various types of development projects. For the SGRP, the Contractor will prepare an EHS Plan with an aim to identify the potential impacts and to develop a mechanism for a better management of the environmental health and safety of project activities during construction. The EHS Plan will be incorporated in to the Contractor’s own Standard Operating Procedures (SOPs). At a minimum the following EHS rules will be strictly followed:

XXIII

Site EHS Rules:

EHS orientation sessions before starting work;

Wearing of personal protective equipment (gloves, helmets, safety shoes, dungarees, goggles etc);

Follow the messages and instructions displayed on EHS notice boards installed on site;

Promptly reporting all accidents to the concerned authority;

Maintain appropriate barricades as required;

Vehicles must be driven at a safe speed, observing speed limits of 30 Km/h and designated routes as mentioned in Contractor’s Mobility Map;

Drivers must have a valid driving license for the class of vehicle they are operating;

Vehicles shall only be parked in designated parking areas; and

Mine clearance of the sub-project area.

Health and Hygiene: The measures should include:

Provision of adequate medical facilities to the staff;

Provision of hygienic food to the employees;

Provision of cooling and heating facilities to the staff; and

Provision of drainage, sewerage and septic tanks in camp area.

Security: Security measures should include:

Regular attendance and a controlled time keeping of all employees; Restriction of un-authorized persons to the residential and work areas; Restriction of carrying weapons and control hunting by employees; and Provision of boundary walls/ fences with proper exits to the camp.

Section (1.6) Implementation of “Chance Find” Procedures

11. If the Contractor discovers archeological sites, historical sites, remains and objects, including graveyards and/or individual graves during excavation or construction, the Contractor will carry out the following steps:

Stop the construction activities in the area of the chance find; Delineate the discovered site or area; Secure the site to prevent any damage or loss of removable objects. In case of removable

antiquities or sensitive remains, a night guard shall be arranged until the responsible local authorities or the National Culture Administration take over;

Notify the supervisory Project Environmental Officer and Project Engineer who in turn will notify the responsible local authorities and the Culture Department of Province immediately (within 24 hours or less);

Responsible local authorities and the Culture Department of Province would be in charge of protecting and preserving the site before deciding on subsequent appropriate procedures. This would require a preliminary evaluation of the findings to be performed by the archeologists of National Culture Administration. The significance and importance of the findings should be assessed according to the various criteria relevant to cultural heritage; those include the aesthetic, historic, scientific or research, social and economic values;

Decisions on how to handle the finding shall be taken by the responsible authorities and Culture Department of Province. This could include changes in the layout (such as when finding an irremovable remain of cultural or archeological importance) conservation, preservation, restoration and salvage;

XXIV

Implementation for the authority decision concerning the management of the finding shall be communicated in writing by relevant local authorities; and

Construction work could resume only after permission is given from the responsible local authorities or Culture Department of Province concerning safeguard of the heritage.

Section (1.7) Prohibitions

12. The following activities are prohibited on or near the project sites:

Cutting of trees for any reason outside the approved construction area; Hunting, fishing, wildlife capture, or plant collection; Buying of wild animals for food; Having caged wild animals (especially birds) in camps; Poaching of any description; Explosive and chemical fishing; Disturbance to anything with architectural or historical value;

Building of fires; Use of unapproved toxic materials, including lead-based paints, asbestos, etc.; Use of firearms (except authorized security guards); Use of alcohol by workers in office hours; Driving in an unsafe manner in local roads;

Washing cars or machinery in streams or creeks; Maintenance (change of oils and filters) of cars and equipment outside authorized areas: Creating nuisances and disturbances in or near communities; Disposing garbage in unauthorized places; Indiscriminate disposal of rubbish or construction wastes; Littering the site; Spillage of potential pollutants, such as petroleum products; Collection of firewood; Urinating or defecating outside the designated facilities; and Burning of wastes and/or cleared vegetation.

Part (2) Construction Management and MonitoringSection (2.1) Mitigation measures

12. Table below defines guidelines for the mitigation measures to be carried out by Contractor during implementation of construction works including key monitoring indicators for supervision by CSC/EMC. These requirements should be consistent with the final ESMP and/or the safeguard certification documents.

S: No Activitiescausing impacts

Mitigation measures Monitoringindicators

1

Establishment,operation of labour camps, material and equipment yards and approach roads

Ensure that the sites for campsite approved by SGRP; Construction of camp at location shown in the Contractor’s Mobility Map

Ensue that washing areas, demarcated and water from washing areas and kitchen is released in sumps.

Ensure septic tanks of appropriate design have been used for sewage treatment and outlets are released into sumps

Ensure that the outlets released into sumps must not make a pond of stagnant water.

Ensure that latrines, septic tanks, and sumps are built at a safe distance from water body, stream, or dry streambed, and the sump bottom is above the groundwater level.

Selected sitesthrough tripartite consultation including community, Contractor andSGRP representative

2Provision of camp facilities Provision of security, septic tanks, latrines, lined wash

water supply, paths, fire prevention area, safe equipment etc.

Comfortable living of staff

XXV

3

Disposal ofwastegenerated from the camp

Recycle metallic, glass waste; burry organic waste in impervious pit covered with soil.

Ensure that waste material is properly disposed off in a manner that does not affect the natural drainage.

No health issueoccurred

4

Accesstracks/haulage routs

The moving machinery should remain within the project boundary.

Ensure that the access tracks, which are prone to dust emissions and marked on the map, should be maintained bywater spraying daily.

After completion of construction work all the damaged roads / tracks will be restored by the Contractor, as it is Contractor’s obligations. Ensure that surface run-off controls are installed and maintained to minimize erosion.

Restriction on movement of Contractor’s vehicles on designation routes; deploy traffic man at the village to control the traffic.

Usage of theselected tracks

5

Hiring skilledworkers from outside of the locality

Hiring of labour from the local communities Signed Agreementbetween SGRP and community for hiring of labour

6

Workers safetyand hygienic conditions

Provision of protective clothing and equipment for labourershandling hazardous materials, (helmets, adequate footwear) for concrete works (long boots, gloves), for welders (protective screen, gloves dungaree), etc.

Safe workingconditions

7Water for laboursconsumption and construction

Contractor has to make his own arrangements for water. Water tanker and pump by theContractor

8 Social issues

Ensure that conflicts with local power holders and local communities are avoided.

Ensure that focus group meetings are conducted with both men and women to identify any water related and other issues related to project implementation.

Conflict,suspension of the sub-project work

9

Storage ofhazardous material (including waste)

Provide hard compacted, impervious and bounded flooring to hazardous material storage areas; Label each container indicating what is stored within; Train staff in safe handling techniques.

Nil health hazardand water contamination occurred.

XXVI

10

Constructionactivities; handling of fuels, oil spell and lubricants

Ensure that no contaminated effluent is released in to the environment.

Ensure that fuels, oils, and other hazardous substances handled and stored according to standard safety practices such as secondary containment.

Fuel tanks should be labeled and stored in impervious lining and dykes etc

Ensure that vehicle refueling to be planned on need basis to minimize travel and chance spills, fuel, oil, or battery fluid leakage.

Ensure that operating vehicles are checked regularly for any

No oil spill observed

11Excavation ofchannels

Proper compaction and water sprinkling Erosion and dustemission minimized

12Disposal ofexcavated material

Stockpile the excavated material to non-agriculture and in a minimum area and away from storm water

Minimum loss of habitat

13

Dust andsmoke emissions

All truckloads of loose materials shall be covered during transportation. Water spraying or any other methods shall be used by the Contractor to maintain the works areas, adjacent areas, and roads, in a dustless condition, as well the vehicle speed not to be exceeded from 30Km/h. Vehicles will be tuned regularly to minimize the smoke emissions.

Dust and smoke controlled

14Noisepollution

Vehicles and equipment used to be fitted, as applicable, and with properly maintained silencers. Restriction on loudly playing radio/tape recorders etc.

Excessive noise generation controlled

15Excavation of borrow areas Excavate borrow soil up to maximum depth of

0.5m; with slope boundariesBorrow area rehabilitated as per specification

16

Rehabilitationof borrow pits

Proper rehabilitation of borrow pits; Removal and storage of top 15 cm top soil having organic materials and spreading it back during restoration of borrow area

Borrow areasrehabilitated

17

Encounteringarchaeological sites during earth works

The field supervisor will halt the work at the site and inform to the regional team leader and Archaeological Department immediately.

The report from thesub-project field supervisor, community and contractor

18

Aesthetic/scenic quality

Carry out complete restoration of the construction sites.

Remove all waste, debris, unused construction material, and spoil from the worksites.

Risk to the laborand visitor

Section (2.2) Environmental quality monitoring

13. In the case that an environmental quality monitoring is required during construction (as agreed during the transect walk and consultation with local community and/or preparation of the ESMP), the following monitoring

XXVII

program may be considered while specific locations, parameters, and frequency will be included in the Contractor’s SOP:

IMPACT PARAMETERS EXAMPLE LOCATIONS FREQUENCY

Air emissions Dust level Vicinity of clearing works,materials stockpile, and/or community areas

In windyConditions or when traffic is heavy

Noise andvibration generation

Noise levels tomeet Government requirements

In the vicinity of sensitivereceivers

In response tocomplaints

Erosion andSedimentation

Turbidity or totalsuspended solid (TSS)

Receiving water body upstreamof other water use that are sensitive to turbidity and/orsedimentation

After heavy rainEvents

Contaminationof hazardous soils

heavy metals in sediments

In areas of known contamination Prior to disposal; Prior to reuse

Surface waterquality deterioration

TSS, pH, BOD,salinity, coliforms to meet government requirements

Downstream of Works inWater ways or water body receiving wastewater from work offices and/or work camp.

Regularly duringconstruction works

XXVIII

Annex 6: Procedures for Mine Risk Management

1. Background: The following procedures are designed to respond to the risks caused by the presence of mines in Afghanistan and it is similar to the original project. The procedures are designed 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 projects above $5m);

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

P r o c e dure f o r C om m unit y - M anag e d W o r k s

3. Application and procedures are as follows:

Applicability: This procedure applies to community rehabilitation / construction works to be identified and implemented by the communities themselves (for small projects of up 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.

Procedure:

1. Communities are required to submit a reply to a questionnaire regarding the suspected 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 submission 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.

2. 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.

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.

3. If the community suspects mine contamination in the area,

If the community has included an assessment / clearance 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.

XXIX

If the community has not included an assessment / clearance task in the project, the project should not go 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 reduced or cancelled) if they elect to clear mines on their own.

P r oce d u r e f o r S m a l l and M ed i um - si z e W o r k s Con t r a c t ed O ut

4. Application and procedures are as follows:

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 general 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: Neither 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.

Procedure:

1. 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 the MACA data base).

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

3. 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.

4. 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 agreed to be implemented by MACA (or by a mine action organization accredited by MACA), it can go ahead for selection based on agreed funding modalities (clearance may be funded either under a contract with a Bank-funded project or under existing donor agreements with the mine action organization);

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

P r o c e dure f o r W o rks to be i m pl e m e n t e d dir e c tly by G o ve r n m e nt De pa r t m e nts / Ag e n ci e s, w ith o u t u s e o f c o ntra c t o r s

5. Application and procedures are as follows:

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 carried 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.

XXX

Rationale: Government departments and agencies responsible for 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.

Procedure:

1. Prior to carrying out work, the Government department/agency 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 accredited by MACA) to assess mine-related risks in the area

2. 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.

3. 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 accredited 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 agreements with the mine action organization).

P r oce d u r e f o r La r g e W o r k s U si ng Con t r ac t o r s

6. Application and procedures are as follows:

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.

Procedure:

1. 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 all the areas where contractors may have to work (broadly defined). This survey should provide detailed information on mine-related risks in the various areas allowing for an un-ambiguous identification of areas that have a nil-to-low risk of mine/UXO contamination and areas where the risk is either higher or unknown. The survey should be financed out of the preparation costs of the bidding documents.

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

3. Depending on the nature and location of the project and on the available risk assessment, two different options can 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 provisional 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

XXXI

initiation of physical works in potentially 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 accredited 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.d. To avoid an “over-use” of the budget provision, the Contractor is required to inform the Supervision 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 carried 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 organization 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 identified 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 specifies 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 which 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.

XXXII

Annex 7: Preparation of Resettlement Action Plan (RAP)

The results of the census, socioeconomic survey and community consultation will be decisive element in selection of the design, size and location of the sites for new silos. Once the sites are selected and boundaries finalized, inventory of assets and PAP census will be carried out to identify the impacts for mitigation measures in line with WB 4.12 OP/BP and national legislative systems. RAP will be prepared for each phase having any site requiring land acquisition and/or population displacement using the data from the census, socioeconomic survey and consultation with PAPs and all other relevant stakeholders. In case the sites for silos facilities under a phase of civil works construction affect less than 200 people an abbreviated RAP may be prepared. Contents of a RAP or an Abbreviated RAP will include the following:

C o n t e n t s o f R A P

Brief description of the improvement and rehabilitation works undertaken on the individual site (or contract in cases of multiple contracts) with location of major impact spots;

Results of census survey and summary of impact details (PAP/household level raw data will be computerized to prepare the entitlement files);

An account of the alternatives considered to avoid and/or minimize the adverse impacts;

An account of the consultations with the affected persons/households about the mitigation measures and implementation procedure;

Specific compensation rates and standard of entitlements and entitled persons/households for different types of losses as per the WB principles and national legislative systems;

An account of impacts by gender and vulnerability due to site development and construction of silo facilities in each phase and the special assistance that is to be provided;

Description of resettlement sites and programs for improvement or restoration of livelihoods and standards of living;

Grievance redress mechanism;

Resettlement budget with breakdowns by loss categories and the number of persons entitled to compensation/assistance, and a RAP implementation schedule; and

Monitoring and evaluation.

C o n t e n t s o f a bb re v i at e d R A P

Documentation of the private and public lands, required for the civil works in each phase, a census survey of affected persons, and valuation of the affected assets;

Description of compensation and other resettlement assistance that will be provided according to theWB principles and national legislative systems;

An account of the consultations with the displaced persons/households about acceptable alternatives;

Grievance redress mechanism;

A resettlement budget with breakdowns by loss categories and the number of persons entitled to compensation/assistance, and an Abbreviated RAP implementation schedule; and

Monitoring and evaluationXXXIII

Land Acquisition Form

Province: ………………… Community: ……………………FP: …………………… GPS Coordinates: ………………. District: ………………….. Community ID: ………………...

Is Land Acquired for sub-projects? YesNo

Note: If no land is acquired for the sub-project, this form is not required to be filled out.

A) Land Acquisition Assessment

Is the acquisition a donation orpurchase?

Current use

Quantity of land (size of land insq.m/jarib

Squatters

Location EncroachersOwner/Owners TenantsHas any assessment of PAPDone?

Title of the land

Percentage of PAP’s land to beacquiredIndicated the % impact on PAPLivelihood?

B) Transfer of ownership agreement

13. The following agreement has been made on …………day of ……………between …………….resident of………………. (The Owner) and ………………………..(the Recipient).

1. That the Owner holds the transferable right of ……………………..jarib of land in ……………….

2. That the Owner testifies that the land 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………………………….for the benefit of the villagers and the public at large.

4. a. That the owner will not claim any compensation against the grant of this land. (in case of voluntary contribution)

XXXIV

b. That the owner will receive fair compensation collected by the CDC against the grant of this land as perThe current market value.

5. That the Recipient agrees to accept this grant of land for the purpose mentioned and shall construct and develop the …………….. And will take all possible precautions to avoid damage to adjacent land/structure/other assets.6. That both the parties agree that the …………………so constructed/developed shall be public premises.7. That the provisions of this agreement will come into force from the date of signing of this agreement.8. Transferred documents must be registered in government related department or court and one copy should be kept with recipient or CDC.

Signature of the Owner Recipient

Signature of the Witnesses:

1………………………………………………………………….

2………………………………………………………………….

(Signature, name and address)

C) Schedule of Compensation

Land area to be compensated (m2): …………………….. Agreed Compensation:………………………………….. Signatures of CDC:

(Signature and stamp of the local authorities)Verification of Ownership of Land

Province: …………….. Project ID……………..

District/Village: ………………

XXXV

The area details in the village

S.N. Name of the landowner

Amount ofland/asset affected

(sqm)

Type of land Verified(Y/N)

Method ofverification

Total

Note: Verification of Ownership of Land forms for each village by area team and compiled by HQ for each tertiary canal and to be attached with the PD.

XXXVI

Annex 8: Public Participation and Stakeholder InvolvementIt is a requirement that appropriate mechanisms for ensuring full involvement and participation of the public is accorded priority and should be a continuous process throughout SGRP design and implementation stages.

Purpose and objectives of public consultationThe purpose of public consultation is to promote a two way communication process, and helps to:

Identify public concerns and values and inform the public about proposed actions and consequences; Collect relevant social and environmental information that will help improve the understanding of a proposed

development, clarify issues and improve project design; Allow the participation of affected people in decision making process and foster a sense of local ownership; Develop and maintain transparent procedures for project implementation.

The specific objectives of people’s participation are to: Ensure that local people participate fully and have a recognized role in decision-making during project

planning; Raise environmental awareness among the local stakeholders and the implementing agencies involved

with management of energy and the associated resources; Enable a dialogue between project planners and local people on all project-relevant topics, such as social

conditions, land values, resources usage, informal and customary rights, environmental concerns etc. so that local knowledge and ideas inform the technical design and development of the project;

Ensure early detection of possible social conflicts arising from the proposed interventions, and explore ways to minimize them - e.g. through negotiation and education.

How to involve the public in SGRP Design and Implementation stages There are several techniques and methods for consulting the public. Public meetings are often the principal form of consultation. However, there are other more interactive consultation and participation methods that may be applicable to water development projects. These include open houses, focus group meetings, persuasion, education, information feedback, and delegation of authority to an affected community. The public may also be appropriately involved in the process through:

Informing the public about the proposed project, Open public meetings on the project, Inviting written comments on proposed projects from those who can put their comments in writing, Use of community representatives, Making relevant documents available to any interested members of the public.

Planning for Consultation and Public ParticipationPlanning for consultation and public involvement requires skilled professional advice, usually provided by a safeguard team. The three key tasks here are to identify WHO will be affected, HOW and WHEN they are to be involved in the consultation process. Such planning will involve:

Clearly define objectives regarding the issues to be addressed, and the key decisions involved; Integration of consultation and participation within project design process; Allowing flexibility to adapt and change as new information comes up; Allocating adequate resources and scheduling work.

Where to hold public hearings Silo site. Social centers i.e. Masjid, Clinic….etc. DAIL offices. Any other facility with adequate capacity, and available for this purpose.

XXXVII

Annex 9: Sample Grievance Registration Form

Grievance Number: ____________

LOCATION : _________

NAME OF COMPLAINANT: ______________________ Tazkira number: ______________

ADDRESS:____________________________________ Telephone #: __________________

DATE RECEIVED: ______________

Classification of the grievance (Check boxes)

Dispute with contractors

Land acquisition and Compensation Technical/operational coordination

Financial Process delays

Noise

Sanitation

Other (specify)__________________________________________________

Brief description of the grievance:

What is the perceived cause?

XXXVIII

Suggested action (by complainant) to address grievance:

XXXIX

Annex 10:Outline of Pest Management Plan (PMP)

The Pest Management Plan should be prepared during project implementation much in advance of storing wheat in the silo facilities and applied during the silos operation stage.

The silos will be equipped with several ancillary facilities like fumigation system; fuel storage; mechanical handling system; generator as power back up system.

The mechanical handling system will cause dust pollution and electricity consumption. Fuel storage for machines, generator for electricity back up will cause air pollution or accidental hazard. If fumigation is necessary special attention and guideline needs to be followed for fumigants application. The WHO and USEPA has good guidelines and should be used for the Pest Management Plan for the silos and used by trained operators during silos operation.

Mitigation Measures. The following measures will address the potential negative impacts of the project associated ancillary facilities.

Fumigation Guideline

In storage of food grains during operation of silos, aluminum phosphide (AP), will be used as a fumigant to prevent infestation so that silo complex will not be cross contaminated. Phosphine gas from aluminum phosphine granules and the gas is bio degradable. It does not have any kind residual effect on food grains. AP is safe and well accepted all over the world as only certified agency involved in the Pest Management would carry out this duty. Some Food Departments have their own dose limit of using AP and for example some use (12gm/mt) in food grains. Of course, the details and the proper dose would be identified in the Pest Management Plan (PMP) for the silos.

Phosphine (Hydrogen phosphine) (phostoxin, Detia, Fumtoxin, Phostek, Gastoxin, etc.)

Widely used in stored grain. Good sealing is critical. Time is critical. Probing greatly improves results. Recirculation or modified technique for grain depths greater than 30 feet. EPA exposure limit of 0.3 ppm. Gas reading(s) required on each fumigation except in some situations. SCBA above 0.3 ppm (gas mask okay to 15 ppm or escape).

Fumigation Guidelines

Effective fumigation results from following several recommended guidelines including the following: Level the grain below the vertical wall of the bins. Remove or break up any crust on the grain surface. Seal all cracks, making the bin as airtight as possible. Fumigate when the grain temperature is between 70 and 90 degree F. Keep the bin closed and post warning sings until the gas concentration is below 0.3 ppm. DO NOT ENTER the bin during or after fumigation until gases have been reduced to safe concentrations. (0.3

ppm).

Regular air quality should be done and if any new facility is going to be built associated with the silo operation, the implementing agency has to inform Bank for no objection.

Fire safety needs to be addressed at each site during construction and operation. The contractor should come up with a fire safety plan. The Department will ensure fire safety measures is appropriately addressed during operation phase. The fire safety should be according to the IFC Environmental Health and Safety Guidelines for Community.

XL

Air Quality

The Pest Management Plan will also address and provide measures for managing any particulate matter, as well as for the toxic phosphine materials or any other pesticide to be used for fumigation.

The Plan should also prepare proper relevant mitigation measures to avoid, reduce and/or mitigate hazards for the operators and the locals.

Training and Capacity Development

The Plan should chalk out the needed training, identify the safety gears and the frequency of drills and exercises to create a safety culture in the department and operators.

Auditing

Annual auditing of the Environmental Safeguards performance should be undertaken by a competent expert to ensure all the PMP measures are properly implemented.

Budget

The Plan should come up with the relevant budget for the equipment and training costs.

XLI