environmental and impacts to be taken into could entail significant incremental effort. The Bank should provide social risks and account further guidance on this matter. impacts Treatment of cumulative and indirect impacts when identified in the assessment of the project Establishing project boundaries and the applicability of the ESSs to Associated Facilities, contractors, primary suppliers, FI subprojects and directly funded sub-projects Circumstances under which the Bank will determine whether the Borrower will be required to retain independent third party specialists Environmental and Legal standing of the ESCP The difference between the ES Management Plan (ESMP) and the ES Social Commitment and implications of changes to Commitment Plan (ESCP) needs to be clarified. Currently, ESCP looks Plan (ESCP) the ESCP as part of the legal like another hand-cuffing for the Borrower. Its benefit for the Borrower agreement is unclear. ESS2 Labor and working Definition and necessity of Inside the country, the ILO has an extensive labor standard program, conditions and requirements for including child labor, forced labor and collective bargaining. The country managing labor employed by has ratified a number of ILO conventions. A new labor law is also in certain third parties (brokers, place. However the implementation capacity is lacking in the country, e.g. agents and intermediaries) the labor inspection program is very weak. The Bank should coordinate Application and in rolling out ESS2. In particular in the with program ILO’s implementation impacts of infrastructure sector, where labor issues are very pronounced. certain labor requirements to While ESS2 requires the Borrower to have in place written labor contractors, community and management procedures, the National Environmental Protection Agency voluntary labor and primary (NEPA) has no mandate and capacity to monitor workers’ safety suppliers measures. It is suggested that NEPA coordinate with ministries including Constraints in making safety department to address labor requirements under ESS2. grievance mechanisms
environmental and social risks and impacts impacts to be taken into account Treatment of cumulative and indirect impacts when identified in the assessment of the project Establishing project boundaries and the applicability of the ESSs to Associated Facilities, contractors, primary suppliers, FI subprojects and directly funded sub-projects Circumstances under which the Bank will determine whether the Borrower will be required to retain independent third party specialists could entail significant incremental effort. The Bank should provide further guidance on this matter. Environmental and Social Commitment Plan (ESCP) Legal standing of the ESCP and implications of changes to the ESCP as part of the legal agreement The difference between the ES Management Plan (ESMP) and the ES Commitment Plan (ESCP) needs to be clarified. Currently, ESCP looks like another hand-cuffing for the Borrower. Its benefit for the Borrower is unclear. ESS2 Labor and working conditions Definition and necessity of and requirements for managing labor employed by certain third parties (brokers, agents and intermediaries) Application and implementation impacts of certain labor requirements to contractors, community and voluntary labor and primary suppliers Constraints in making grievance mechanisms Inside the country, the ILO has an extensive labor standard program, including child labor, forced labor and collective bargaining. The country has ratified a number of ILO conventions. A new labor law is also in place. However the implementation capacity is lacking in the country, e.g. the labor inspection program is very weak. The Bank should coordinate with ILO’s program in rolling out ESS2. In particular in the infrastructure sector, where labor issues are very pronounced. While ESS2 requires the Borrower to have in place written labor management procedures, the National Environmental Protection Agency (NEPA) has no mandate and capacity to monitor workers’ safety measures. It is suggested that NEPA coordinate with ministries including safety department to address labor requirements under ESS2.
final_feedback_summary_for_phase_3_consultation_with_afghan_government_and_implementing_agencies_december_13.docx