Lao People s Democratic Republic Peace Independence Democracy Unity Prosperity

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1 Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Public Disclosure Authorized Lao People s Democratic Republic Peace Independence Democracy Unity Prosperity Environmental Code of Practice (ECOP) of School buildings for Early Childhood Development Project Department of Planning, Ministry of Education and Sports October 2013 E4393

2 ENVIRONMENTAL CODE OF PRACTICE (ECOP) of School buildings LAO PDR Early Childhood Education (ECE) Project October INTRODUCTION The Early Childhood Education Project (ECE) is a five year project which aims to improve coverage and quality of pre-primary education and early childhood care services in disadvantaged districts of Lao PDR. As part of this project, pre-primary classrooms will be constructed in approximately 200 existing primary schools. The expected environmental and social impacts of small scale rural s in existing School compounds are not large, but will include local drainage, erosion and protection of water resources, worker safety and health, and protection of the natural resources such as trees which may be felled to make room for building or to provide timber for or school furniture Project Objective: The objective of the projects is to increase coverage and improve the quality of pre-primary education and early childhood care services for 3-5 year old children in disadvantaged districts as well as to increase primary school enrolment and completion, especially for girls. The long-term objective is improved education system quality and strengthened capacities to develop policies and strategies to monitor and manage primary education Project Description: In order to promote children s healthy development and improve their school readiness, the Project will support a holistic approach and address both access and quality dimensions. In particular, the components on access include: (i) of pre-primary classrooms through Community- Based Contracting (CBC); and (ii) establishment of Community Child Development Groups (CCDGs) for 3 and 4-year-olds and the provision of CCDG Grants. The components on quality include: (i) community awareness campaign on the importance of early childhood education through parenting education, (ii) National School Meals Program, (iii) health and disability screening, and (iv) material development for 3 and 4-year-olds attending CCDG and training of pre-primary school teachers, community-based caregivers for CCDG, Village Education Development Committees (VEDCs), Village Health Volunteers (VHVs), and health center workers. Moreover, the Project will support and finance project management, capacity development, and monitoring and evaluation at all levels of the early childhood education sub-sector. 2. POLICY, LEGAL AND ADMINISTRATIVE FRAMEWORK Lao PDR has a number of regulations and policies that are applicable to Development Project related to Environmental Impact, Environmental Protection, Forestry Law, Land Law, Compensation and Resettlement, and Labour laws. The project will be constructing pre-primary classrooms in existing school compounds, so there will be no resettlement or impact to forests or

3 protected areas. The regulations and policies that are relevant to the project are those related Environmental Impact, Environmental Protection and labour law. Prime Minister s Decree No. 112 on Environmental Impact Assessment (EIA) (16 February 2010). This decree outlines the requirements for all development projects that potentially cause environmental and social impacts to carry out the Initial Environmental Examination (IEE) and Environmental Impact Assessment (EIA) as relevant; as well as having appropriate project design, mitigation measures and monitoring plan and resources to address the possible impacts. Environmental Protection Law (26 April 1999). This law specifies necessary principles, regulations and measures for managing, monitoring, restoring and protecting the environment in order to protect human health, including the protection of natural resources and the richness of nature, and to ensure the sustainable socio-economic development of the nation. Forestry Law (24 December 2007). This law determines basic principles, regulations and measures on sustainable management, preservation, development, utilization and inspection of forest resources and Forestland; promotion of regeneration and tree planting; and increase of forest resources in the Lao People s Democratic Republic. The principles of the law aim for maintaining the balance of nature, making forest and Forestland a stable source of resources and for the use of people, ensuring sustainable preservation of water sources, prevention of soil erosion and maintenance of soil quality, conserving plant and tree species, wildlife for the purpose of environment conservation and contribution to the national socio-economic development. Labour Law No. 06/NA December This law covers areas relevant to small rural such as employment of child labour, working hours, equal opportunity employment, protective measures for labour and working conditions. 3. IMPLEMENTATION ARRANGEMENTS Community Based Contracting will be used to construct the pre-primary classrooms, following procedures detailed in the Community Based Contracting Operation Manual (CBCOM). Under the program, villages will receive the responsibility for implementing their pre-primary school projects, school rehabilitation, water supply and latrines project, and will carry out local procurement, contracting and management. 4. POTENTIAL ENVIRONMENTAL IMPACTS The project is not expected to have any major environmental impacts as the school classrooms (one or two classrooms per school) will be constructed in existing complete primary schools on publicly owned land. There will be no new school. The exact location of the new buildings will be determined using an Environmental Screening checklist that will determine the most appropriate site considering the health, safety and security of the school children and the structural integrity and environmental soundness of the school building and its premises. The final

4 building site will be located outside or away from sensitive or degraded ecosystems neither will it be located next to a major road, bridge or infrastructure that may expose the children to risky situations or hazardous conditions. 5. ENVIRONMENT CODE OF PRACTICE This Environment Code of Practice (ECOP) is to establish in-house best environmental management practices and specifications relating to project development, and management. It contains a template of the Environmental and Social Management Plan (ESMP) which each sub-project will complete and implement using detailed information of site-specific environmental and social impacts, mitigation measures, monitoring and institutional arrangements. The ESMP will cover key areas of the project and associated activities that will be managed and monitored to ensure minimal impact on the environment during the execution of the project. The Technical Specifications for Contracts will make reference to adherence to the ECOP and its strict implementation. I. Environmental Planning Guidelines and specifications shall be integrated in the entire project cycle: - Planning and Design, - Pre-,, Operation - Monitoring and Audit, and - Capacity Building A Development Plan which describes the project components, project specifications and spatial design should follow a set of environmental principles, and includes the following: (delineation of development zones to show compatibility of land uses) 1. Planning and Design The Environmental aspects of the Infrastructure design and specifications should be integrated in the Development Plan for all project phases. A first step in the planning process is to conduct an Environmental Screening to identify the best location for the pre-school building in the existing school compound. The Environmental Screening Checklist will be completed for each pre-primary classroom by the District Engineer assigned by the project, prior to approval of the sub-project. The Community Based Contracting operational manual (CBCOM) requires that any issues and corrective measures identified be included in the School Contract with the community. Below is an Environmental screening checklist that the project will use for the site selection. Environmenta l aspects Environmental Quality Significance of impacts Timing/ frequency of impacts If yes, what are the corrective measures? 1. Will there be a large change in environmental Continuous/ Intermittent Permanent/ temporary Frequent/ rare Irreversible/ reversible

5 Environmenta l aspects Environmental Quality Landscape Landscape Sensitive receptors Sensitive receptors Security and Safety Security and Safety Protected areas Protected areas Soil structure Natural Drainage Natural Drainage Elevation Elevation Significance of impacts Timing/ frequency of impacts If yes, what are the corrective measures? conditions? 2. Is there a risk that environmental standards will be breached? 3. Will the new building be out-of-scale with the existing environment or extend over a large area? 4. Will the building be unusual in the area or particularly complex? 5. Will many people be negatively affected? 6. Will many receptors of other types (fauna and flora, businesses, facilities) be affected 7. Is the area located beside a highway, river or forest that may expose the children to danger? 8. Is the area unfenced? 9. Will valuable or scarce features or natural resources be affected? 10. Is there a risk that protected sites, areas, features will be affected? 11. Is the soil in the area loose and fractured, prone to soil erosion or landslide? 12. Does water easily drain outside the area 13. Is it located in a depressed area that is prone to flooding? 14. Is the area located in a high elevation with steep, unprotected slopes, prone to landslide? 15. Is the area located at the foothills of a mountain that is landslide prone or is at the bottom of a natural drainage area? Continuous/ Intermittent Permanent/ temporary Frequent/ rare Irreversible/ reversible 2. Pre-, and Operation phases During the Pre-, and Operation phases, a site-specific Environment and Social Management Plan (ESMP) will be prepared and implemented that will apply to the actual environmental and social impacts identified of each school building. The following ESMP covers aspects related to the infrastructure design and specifications, biophysical conditions, erosion control, groundcover removal, sanitation facilities, borrow pits, adjoining structures buildings,

6 access roads and ancillary facilities.

7 Environment and Social Management Plan Activities Potential major impacts/issues PRE-CONSTRUCTION PHASE Clearing Loss of Heritage or Archaeological Sites Land preparation staking, compaction, digging Clogging of natural drainage and waterways due to soil overburden Mitigation measures Determine before the project commences if the project site is a heritage or archaeological site. In case of chance finds, proper procedures shall be followed and findings should be reported to the National Museum. Create buffer zones between area and storm drain/ receiving water. Buffer zones should have established natural vegetation to remove sediments Interceptor dikes and swales Storm drain diversion Monitoring requirements Before At least once every two days to weekly Budget Responsibility for mitigation Responsibility for Supervision and Monitoring Land preparation staking, compaction, digging Access Development Erosion and Sediment control Lack of safe access Subsurface drains Silt fences Straw bale barriers Brush barriers Gravel or stone filter berms Storm drain inlet protection Use of structural sediment and erosion control devices including earth dikes & drainage swales Stabilize entrances, roads, parking areas, and other on-site vehicle transportation routes to ensure reduction of off-site tracking of mud, dirt, and rocks, and maintain these areas throughout the project Daily in dry weather and three times a day during prolonged rainfall Before Site Restoration and Deactivation Loss of ecological balance and natural scenic views Unsightly distribution of facilities Maintain original landscape and vegetation as much as possible. Mark, flag, or fence areas where land cover or vegetation should be preserved or restored. Before

8 Activities Setting up of staging areas, clearing of passageways for materials and workers CONSTRUCTION PHASE Concrete and Grouting Use of materials Generation of wastes Sawing of materials, pouring of concrete Ongoing equipment and works Exposure of workers to hazards Potential major impacts/issues Disturbance of natural landscape, vegetation and wildlife Clogging of storm drains, creation of humps Scattered materials create obstruction, safety risk Uncollected wastes, scattered wastes Airborne contaminants, dust particles Loud noise and strong vibrations Lack of appropriate health and safety, emergency response measures POST-CONSTRUCTION PHASE Sewage Water quality degradation Mitigation measures Do not locate routes, stockpiles, etc, where significant adverse impact on existing vegetation may occur Do not pour excess concrete or wash sweepings into the street, storm drain or side of the road Store materials under cover and away from drainage areas Properly manage wastes and contaminated materials and keep in away from communities. Treat them and dispose in a n environmentally responsible manner, according to the govt. regulations. Use water (as appropriate) to control dust in dirt and debris pile areas Exert effort to limit hours of operation to prescribed noise levels to reduce noise and light nuisance to the communities Install noise abatement measures Procedures should be put in place and train staff to deal with any emergency which could cause major injury to the health and safety of workers and the people in the community Sanitary toilet facilities Locate source of drinking water 25 meters away from sanitary toilet facilities Monitoring requirements At least weekly The entire time of the activity is ongoing Everyday Everyday Everyday Every day Before Before Daily when school is open Budget, O & M Responsibility for mitigation, School Principal, teachers Responsibility for Supervision and Monitoring

9 II. Environmental Monitoring and Audit The Environmental and Social Monitoring and reporting will be integrated into the monitoring and reporting as detailed in the Community-based Contracting for School Operations Manual (CBCOM). Sub-Project proposals will include the Environmental Screening checklist completed by the District Engineer. Contract conditions in the Sub-Project Agreements include environmental clauses corresponding to each item in the Monitoring Plan for Environmental Protection which will be monitored using the Checklist completed by the supervising District Engineers, and reported in the 85% and final completion reports. Social Safeguards focal persons will be appointed at Village, District, Province and Central level as follows; Village District Province Central VEDC Head (usually the Village Chief) District Education Bureau (District Engineer or DUCDA) Provincial Education Service (PPTA or PUCDA) and ECU (Community Based Development Advisor) and Education Design and Management (ECDM Deputy). The ESMP includes an Environmental Monitoring Plan that spells out the mitigating measures to be monitored, frequency of field sampling and monitoring, responsible institutions/individuals and of monitoring. The frequency of inspections depends on the risks posed to the environment by each activity or the nature of the site. An annual audit of the environmental performance of the proponent is undertaken throughout the life of the project. The monitoring activities may cover the following measures: All disturbed areas of the site and all material storage areas should be inspected and maintained. All erosion and sediment controls implemented at the site should be inspected regularly to ensure effectiveness Watering to control dust may require frequent, often daily, attention. Maintaining original vegetation requires planning and may not be possible based on the required uses of the site Shrubs, grass, and trees planted to control erosion must be watered and cared for Stabilized roads and entranceways must be maintained on a regular basis to control their erosion, and must be inspected weekly and after each rain. III. Capacity building awareness and training Awareness trainings and capacity building will have to be conducted for the project management and staff of the MOES and other participating agencies. This will have to be initiated as soon as the contract for the is signed. supervisors and workers will have to undergo the trainings as well to ensure that the implementation of the ESMP are consistently done, monitored and reported.

10 ANNEX 1 Guidelines on Environmentally sound aspects 1. Project a. Pollution of nearby areas and water bodies due to routine and accidental release of solid wastes, chemicals/pollutants and hazardous waste materials, e.g., grease, oil, fuel. b. Dust generation during land preparation activities (i.e. excavation works and slope modification) Regular watering of unpaved roads or exposed soils/ground Remove soil/mud from tires and equipment before leaving the area Hauling trucks should be covered with canvass or any equivalent materials Set-up temporary fence around the area. c. Disturbance or Loss of vegetation Conduct land clearing activities that minimize disruption to vegetation In case of tree cutting, planting of a specified number of trees to replace the trees that will be cut, 1 tree cut is replaced by 10 seedlings planted Re-vegetate the area with indigenous species and ornamental plants as soon as possible Provide temporary fencing to vegetation that will be retained and avoid damage to plants. d. Occupational health and safety hazards during Compliance with international and national health and safety regulations, e.g., personnel firstaid trainings, preventive measures on life and fire safety, have first-aid kits/facilities Compliance with building code and fire code Proper and maintenance standard operations procedures in Operations Manual Provision of protective clothing, goggles and footwear to workers Preparation of emergency preparedness and response plans in case of accidents Prepare worker compensation schemes for health hazards and accidents e. Erosion and increased sedimentation/ siltation caused by excavation activities on steep slopes. Employ slope stabilization methods on areas of steep slope Employ safety measures to minimize erosion Establishment of silt/sediment traps to prevent siltation Proper stockpiling of spoils (on flat areas and away from drainage routes) Dispose of spoils generated from civil works as filing materials Conduct activities during the dry season Avoid long exposure of opened cuts f. Top soil removal and loss due to earthmoving activities Stockpile the top soil in a safe place and use as it as final grading material or final layer g. Disturbance of wildlife due to habitat loss

11 In designing the route of transmission lines and access roads, take into consideration the location of sensitive or valuable ecosystems Use of existing roads, alignment selection and planning for avoidance and rail or water access Re-establish or simulate the habitat of affected wildlife in another suitable area h. Safety of children from vehicles, disturbance to existing traffic flow; temporary inaccessibility Use traffic signage and fences to direct traffic for pedestrian safety Proponent/contractor should provide traffic aide during peak hours Strict enforcement of traffic rules and regulations i. Noise generation that disturbs the nearby communities Undertake proper maintenance of equipment and use mufflers Schedule noisy activities during the day time k. Extraction of Aggregates Transportation and handling - Use of excavated materials and site planning including use of previously disturbed sites 2. Occupational Health And Safety Hazards Compliance with international and national health and safety regulations, e.g., personnel trainings, preventive measures on life and fire safety Put first aid kits on site Proper operation and maintenance SOPs Compliance with national building and fire code Provision of protective clothing, goggles and footwear to workers Preparation of emergency preparedness and response plans in case of accidents, Prepare worker compensation schemes for health hazards and accidents Proper operation and maintenance SOPs 3. Chance find procedures These procedures must be referred to as standard provisions in specifications, when applicable. During project supervision, the Site supervisor shall monitor the above regulations relating to the treatment of any chance find encountered are observed. a. Stop the activities in the area of the chance find. b. Delineate the discovered site or area. c. Secure the site to prevent any damage or loss of removable objects. In cases of removable antiquities or sensitive remains, a night guard shall be present until the responsible local authorities take over. d. Notify the S it e supervisor who in turn will notify the responsible local authorities e. Contact the responsible local authorities who would be in charge of protecting and

12 preserving the site before deciding on the proper procedures to be carried out. This would require a preliminary evaluation of the findings to be performed by the archaeologists. The significance and importance of the findings should be assessed according to the various criteria relevant to cultural heritage, including the aesthetic, historic, scientific or research, social and economic values. f. Ensure that decisions on how to handle the finding be taken by the responsible authorities. This could include changes in the layout (such as when the finding is an irremovable remain of cultural or archaeological importance) conservation, preservation, restoration and salvage. g. Implementation for the authority decision concerning the management of the finding shall be communicated in writing h. work will resume only after authorization is given by the responsible local authorities concerning the safeguard of the heritage.