Consultant - Environmental and Social Management Framework (ESMF) – Stabilization of Urban Neighbourhoods Program, Afghanistan
Remote, with possible travel
KfW Development Bank (KfW) finances the Stabilization of Urban Neighbourhoods project, whose infrastructure focuses on the construction and rehabilitation of small to medium community and larger government infrastructure projects in 7 districts of the urban area of Kabul Municipality, Afghanistan. The SUN project was launched in November 2019, and is funded by the German Federal Foreign Office (GFFO). The SUN project is currently in the phase of identifying potential sub-projects in line with community and government priorities. The scope of each single investment financed through this project (including non-infrastructure projects) is expected to range from 1,000 to 300,000 EUR, and larger government infrastructure projects to range from 300,000 to 700,000 EUR.
For each potential project location, an infrastructure needs assessment will be conducted in 12 shortlisted districts, and 7 final districts will be selected. Larger infrastructure projects will be proposed by government stakeholders and selected in collaboration with community members, and small-to-medium projects (including non-infrastructure projects) will be proposed by individuals and local private and public-sector organisations.
The SUN project will contribute to improving socio-economic living conditions and promoting social cohesion in Kabul through a participatory and consensus-based decision-making approach to engage local actors in the design and delivery of strategies, decision-making, and resource allocation for the development of their local communities.
Key stakeholders for this project include Mercy Corps as Project Executing Agency (PEA) and KfW as donor. A Monitoring Consultant will also be contracted in early 2020. The PEA is expected to work closely with key stakeholders including the Ministry of Youth Affairs, Kabul Municipality, and Ministry of Urban Development and Land.
2. OBJECTIVE OF THE ASSIGNMENT
In October 2019, KfW issued a new Sustainability Guideline which deals with the environmental and social impacts as well as risks of KfW financed projects and programs. The Guideline commits:
- to avoid, reduce or limit environmental pollution and environmental damage including climate-damaging emissions and pollution;
- to preserve and protect biodiversity and tropical rainforests and to sustainably manage natural resources;
- to consider probable and foreseeable impacts of climate change including utilising the potential to adapt to climate change. In this context climate change is understood as climate variability and long-term climate change;
- to avoid adverse impacts upon the living conditions of communities, in particular indigenous people and other vulnerable groups, as well as to ensure the rights, living conditions and values of indigenous people;
- to avoid and minimise involuntary resettlement and forced eviction of people and their living space as well as to mitigate adverse social and economic impacts through changes in land use by reinstating the previous living conditions of the affected population;
- to ensure and support occupational health and safety as well as health protection in the workplace;
- to condemn forced labour and child labour, ban discrimination in respect of employment as well as occupation and support the freedom of association and the right to collective bargaining;
- to avoid all forms of discrimination;
- to avoid negatively influencing existing conflict dynamics;
- to protect and preserve cultural heritage;
- to support the executing agency in the management and monitoring of possible adverse environmental, social and climate impacts and risks associated with the implementation of the FC-measure.
This Sustainability Guideline “is effective for all new measures that will be initiated after October 1st, 2019” and therefore applies also to the proposed SUN project. To assure compliance with KfW's Sustainability Guideline, it will be important to ensure that potential negative environmental and social impacts are minimized, while striving to enhance benefits for local communities and the environment. In this regard the SUN project shall assess and address potential impacts through an Environmental and Social Management Framework (ESMF), including a Land Acquisition and Compensation Policy Framework (LACPF).
These reports shall describe the risks and potential impacts associated with Sub-Projects and activities and establish adequate safeguard measures in line with international best practice and relevant (environmental and social) Standards (maximum 30 pages).
Urban infrastructure construction projects under this program could include a wide range of project type, each with their own environment and safety requirements. Projects could be categorised as follows to reflect their specific risks, for example:
- General construction including roads and underground utility work - trench excavation, heavy equipment operations, dust, wastewater disposal, toxic material handling/waste management , construction traffic control, site access control, site runoff and noise etc.
- For Vertical construction (schools, civic centres, play shelters etc.) add scaffolding, fall protection etc.
- For mechanical and electrical systems, add electrical hazards, mechanical equipment hazards etc.
- For water and wastewater treatment, add chemical use and storage, waste product disposal etc.
3. RELEVANT STANDARDS
To ensure that potentially negative environmental and social risks and impacts stemming from future Project activities are minimized, while striving to enhance benefits for local communities and Project area, the Assignment will be conducted according to the following relevant Standards and guidelines:
- Afghan law and regulations (e.g. Water Law, Law on establishment of Water User Associations);
International Law including conventions and treaties adopted by the Islamic Republic of Afghanistan and applicable to the Project;
Sustainability Guidelines of the KfW Development Bank and therewith:
- World Bank Environmental and Social Operational Policies;
- World Bank Group's Environmental, Health and Safety Guidelines, including:
- General EHS Guidelines and sector-specific EHS Guidelines on water and sanitation**
- Guidelines on Incorporating Human Rights Standards and Principles, Including Gender, in Programme Proposals for Bilateral German Technical and Financial Cooperation;
- For aspects related to labor, International Labor Organization core standards as well as IFC Performance Standard 2 on Labor and Working Conditions;
- For land tenure issues the Voluntary Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests (VGGT);
- For the resettlement aspects, in addition to WB OP 4.12 the UN Basic Principles and Guidelines on Development-based Evictions and Displacement, namely §§ 42, 49, 52, 54 and 60) and guidance provided within the IFC (2002) Handbook for Preparing a Resettlement Action Plan and World Bank (2004) Involuntary Resettlement Sourcebook ;
4. Scope of Work
The Assignment is planned to start February 2020. The SOW attempt to outline the Consultant's tasks in as much detail as possible. Nevertheless, the Consultant shall critically verify the scope of services indicated and extend, reduce or amend those services wherever such is deemed necessary according to own professional judgement and knowledge. Any suggested amendments to the SOW should be clearly documented within the Consultant's submission, with accompanying justification for the amendments. In the scope of the Assignment, the Consultant shall conduct the following tasks:
Task 1: Familiarization with available documents and kick-off
KfW, the Monitoring Consultant, the Project Executing Agency and the Project Implementing Agencies will provide available information in regards to the environmental and social aspects of the Project. The Consultant shall get familiar with the documentation and with the relevant standards as listed above. Based on the preparatory information analysis, the Consultant shall set up a work plan for the Assignment. The work plan shall distinguish between activities to be carried out as home office desk work and activities during the site visit (see below). The work plan shall refer to the tasks as described in these SOW and shall include any additional tasks as identified by the Consultant during the preparation phase.
The Consultant shall participate in a kick- off meeting (or a kick-off-call, as appropriate) for the discussion of the work plan. Task 1 will be desk based and result in the following outcomes:
- Work plan;
- Initial stakeholder analysis and list of stakeholders to be met via video conference
- Checklists, questionnaires/interview guides/guiding questions for the risk and impact screening;
- Preparation, participation and documentation of a kick off video conference, including any changes to the work outlined in these SOW.
Task 2: Desktop-research
Due to the security situation no field visits are foreseen. The development of the ESMF shall be a desktop-study. Based on the desktop-research and the results obtained from interview with relevant stakeholders, the Consultant shall undertake a screening of environmental and social risks and potential impacts for the different types of interventions in the Project context that are proposed so far. Screening shall be undertaken based on a screening matrix (to be established by the Consultant) in a structured manner along the relevant national legislation and the requirements of the Relevant Standards as listed above, with a special focus on, but not limited to
- Risks related to construction activities (to the extent applicable), under special consideration of remoteness of project sites and considering aspects such as
- occupational health and safety,
- labor and working conditions,
- community health, safety and security ,
- and any negative impacts on biodiversity/wildlife;
- any negative impacts on natural resources
- any social risks related to potential physical and/or economic displacement of households due to establishment of infrastructure (not anticipated);
Information shall be obtained through desktop-research and interviews with relevant stakeholders. Especially in the social context, information shall be obtained from Project Implementing Agencies who closely work together with local communities.
Task 3: Development of the ESMF and the LACPF
An ESMF supports the assessment of the risks and potential impacts associated with one or more sub-projects or activities that may occur in the future. It sets out the principles, guidelines, and procedures to assess environmental and social risks, and proposes measures to reduce, mitigate, and/or offset potential adverse environmental and social impacts and enhance positive impacts and opportunities of the Project and its sub-components.
The ESMF required for the Project shall be based to the maximum extent possible on the overall Project approach, its objectives and refer to the overall Project concept. This also means that the outcomes of this Assignment will be based and shall be integrated into individual Feasibility Studies for all potential Project locations. Hence the ESMF shall be designed in a way that it can be closely interwoven and practically linked with the provisions of the project.
The Consultant will use the information produced by the PIAs and Monitoring Consultant and build upon the data collected during Task 2 to describe the potential risks and safeguard issues for the Project. Further, the consultant shall evaluate what already exists within the relevant intuitions and how the ESMF can be integrated into the ongoing project and hence shall be designed in a way that it can be closely interwoven and practically linked with the Project's overall concept.
The ESMF will incorporate procedures for, but will not be limited to:
- Environmental and social impact screening, assessment, and monitoring of interventions planned under the Project,
- Guidance for categorization (A,B or C) of measures in line with the KfW Sustainable Guidelines according to the relevance of their potentially adverse environmental and social impacts and risks. An illustrative list of FC measures that may be classified as category A would be helpful.
- The inter-institutional arrangements for the preparation of time-bound action plans for mitigating adverse impacts,
- A stakeholder analysis and recommendations for the preparation of a Stakeholder Engagement Plan to engage in meaningful voluntary consultations with concerned stakeholder groups to seek their broad support;
- Complaint management mechanism – Recommend a grievance process for the FC measure for receiving and dealing with the concerns and complaints of the affected public. The procedure should be reasonable for and culturally appropriate to the FC measure. Cases and processing results must be documented and form part of the reporting procedure.
- Reporting and Monitoring mechanism- In order to ensure an effective monitoring of any adverse environmental, social and climate impacts and risks, reporting and notification procedures should be recommended with appropriate monitoring tools.
- Capacity building measures for ESMF implementation for different stakeholders;
In particular, the ESMF will include, but will not be limited to:
- Description of the purpose of the ESMF (and how it will fit in existing frames and structures);
Short description of the program, its main objectives, its proposed sub-projects types and its proposed measures;
Description of the Program's implementation structure (how the subprojects will be decided to get funding etc.);
Brief description of the baseline conditions in which the Program is being embedded;
Brief overview of the main social and environmental considerations, and the various risks and impacts involved in the implementation of the different sub-project types of the Program (planning, construction and operation);
Description of the national legislative, regulatory, and policy regime to safeguard the environmental and social sustainability of the Program and the relevant international requirements (including a gap analysis to identify how potential discrepancies, if any, between national and international requirements will be overcome);
A systematic procedure for screening of sub-project types and sub-project activities for environmental and social considerations (risk categorization), which will be used by the Monitoring Consultant;
An exclusion list of sub-projects not eligible for funding as per the KfW Exclusion List;
A detailed description of typical environmental and social impact and risks stemming from the different sub-project types of the Program, including a risk categorization for typical sub-projects under the Program;
A detailed description of typical mitigation and management measures (Environmental and Social Management Plans, ESMPs) to address the identified impacts and risks per sub-project type (planning, construction and operation);
Description of mechanisms for consultations with, and participation of stakeholders in planning, implementation, and monitoring;
An accessible, culturally appropriate and transparent grievance mechanism,
A step-by-step tool-kit for identifying, assessing (Rapid ESIAs), avoiding, mitigating, managing and monitoring (ESMMPs) potential environmental and social impacts of the planned sub-project activities, which will be used by the implementing partners;
A step by step monitoring and evaluation check list for implementation of mitigation measures;
Arrangements for implementing the specific activities including organizational procedures, roles and responsibilities;
An outline of recommended capacity building measures for environmental and social planning and monitoring of the subproject activities; and
A budget to ensure that the Program has adequate resources to meet its own interests, especially financial resources for the preparation and implementation projects' and subprojects' ESMPs.
The ESMF will contain Tools and Materials for the implementation of the ESMF (i.e. Checklists, Questionnaires, Reporting and Monitoring tools, as Annex to ESMF).
Land Acquisition and Compensation Policy Framework (LACPF)
Land acquisition is basically not foreseen in SUN projects. Generally, projects have a limited footprint and/or are built on community land or only involve rehabilitation on existing sites. However, for the unforeseen event that it may happen the Consultant shall develop a LACPF to ensure the program's consistency with OP 4.12. The goal of LACPF is to set principles to improve or, at a minimum, restore the livelihoods and standards of living of displaced persons to pre-project levels. Also an outline for Subproject Land Acquisition and Compensation Plans (LACP) consistent with the LACPF shall be subsequently developed.
Assets that can be impacted by infrastructure development requiring land acquisition can include:
- Community assets
- House, temporary shelter, commercial building
- Cultural goods such as graves or sacred objects
- Agriculture fields, grazing areas
- Natural resources: field, trees, fishing areas
A first draft of the ESMP and LACPF will be discussed during with all relevant stakeholders either in person or more likely via video conference (the exact location of the workshop depends on the possibility to obtain visas for all participants).
Task 4: Training of Monitoring Consultant and program staff on the ESMF
Technical Training for Monitoring Consultant on applying the developed ESMF, either in person during a workshop at a location to be determined, in Afghanistan, or more likely via Video Conference
5. Schedule and Deliverables
The Consultant will prepare a detailed Workplan within  week of taking up the assignment. Initial drafts of the ESMF will be submitted to Mercy Corps for review and commenting within  month after taking up the Assignment. Final versions of the ESMF are expected within  month or no later than  weeks from contract signature. The ESMF document will include the outcomes from all the steps listed above. The Assignment is planned to start in February 2020.
Task 1: Familiarization with available documents and kick-off
Task 2: Interviews/Video conference with project stakeholder
Task 3: Development of ESMF and consulting workshop with stakeholders
Task 4: Training of Monitoring Consultant and program staff
6. Staff and Qualifications
The proposal must consist of a competent team of professionals. At a minimum a senior environmental and social expert, with international experience and with profound working experience on E&S management in the context of similar projects is required. In addition, familiarity with the application of international standards (namely WB Safeguard Standards and EHS Guidelines), familiarity with the national legal framework in Afghanistan related to ESIA process/conservation is required. CV's of personnel that will be assigned to the project in addition must be provided.
7. Annex – Template for CV
Proposed position in the Assignment:
Contact details (email, telephone)
1 Family name:
2 First names:
3 Date of birth:
Date: from - to :
Degree(s) or Diploma(s) obtained:
Date: from - to:
Degree(s) or Diploma(s) obtained:
6 Language skills: (Mark 1 to 5 for competence, 5 being the highest)
7 Membership of professional bodies:
8 Other skills (e.g. Computer literacy, etc.):
9 Present position:
10 Years with the firm:
11 Key qualifications (relevant to the proposed position in the Assignment):
12 Relevant Country/Region specific experience:
Date: from (month / year) to (month / year)
13 Professional Experience Record (i.e. employment history):
14 Selected Projects relevant to the Assignment (Country/Region/Sector):