"The World and Japan" Database (Project Leader: TANAKA Akihiko)
Database of Japanese Politics and International Relations
National Graduate Institute for Policy Studies (GRIPS); Institute for Advanced Studies on Asia (IASA), The University of Tokyo

[Title] Environmental and Social Framework

[Place]
[Date] 26, Feb, 2016
[Source] Asian Infrastructure Investment Bank
[Notes]
[Full text]

Environmental and Social Standards

Environmental and Social Standard 1: Environmental and Social Assessment and Management

1. Objectives: To ensure the environmental and social soundness and sustainability of Projects and to support the integration of environmental and social considerations into the Project decision-making process and implementation.

2. Scope and Application: ESS 1 applies if the Project is likely to have adverse environmental risks and impacts or social risks and impacts (or both). The scope of the environmental and social assessment and management measures are proportional to the risks and impacts of the Project. ESS 1 provides for both quality environmental and social assessment and management of risks and impacts through effective mitigation and monitoring measures during the course of Project implementation.

3. Requirements: After the Bank, in consultation with the Client, has screened the Project to determine the extent and type of environmental and social assessment that will be required, the Client undertakes an environmental and social assessment of the Project in accordance with Section C of the ESP, using appropriate studies proportional to the significance of potential risks and impacts. The Client ensures the preparation of an environmental and social assessment report, which contains an executive summary, a main report, and annexes as appropriate, including one on consultations. In cases where environmental and social assessment work may already have been carried out for the Project, the Bank reviews the work, and in consultation with the Client, determines whether any additional environmental or social work is required. This process may also require the Client to undertake supplemental consultations.

4. The Client is required to conduct the environmental and social assessment for the Project in accordance with Section C of the ESP, incorporating those elements described below, which the Bank has determined are required for the Project, based on the Bank’s review and screening. The Client is also required to address the identified environmental and social risks and impacts of the Project in accordance with Sections D through L of the ESP. Section A of ESS 1 sets out general requirements for assessing and managing environmental and social risks under the Project; Sections B, C and D of ESS 1 set out more detailed requirements for, respectively: environmental aspects, social aspects, and working conditions and community health and safety aspects of such assessment and management.

A. Assessment and Management Process

Environmental and Social Assessment.

Conduct an environmental and social assessment for the proposed Project to identify direct, indirect, cumulative and induced risks and impacts to physical, biological, socioeconomic and cultural resources in the Project’s area of influence; these include impacts on air and water quality, including environmental health; natural resources, including land, water and ecosystems;

livelihoods; vulnerable groups;*1* gender; worker and community health and safety; and cultural resources;

Use strategic, sectoral or regional environmental and social assessments and cumulative impact assessments, where appropriate;

Assess potential trans-boundary and global impacts, including climate change as they relate to the Project;

Ensure that the scope and depth of the assessment is commensurate with, and proportional to, the nature and magnitude of the Project’s potential risks and impacts and the categorization assigned by the Bank;

Apply a mitigation hierarchy in the environmental and social assessment, by: (a) anticipating and avoiding risks and impacts; (b) where avoidance is not possible, minimizing or reducing risks and impacts to acceptable levels; (c) once risks and impacts have been minimized or reduced, mitigating; and (d) where residual risks or impacts remain, compensating for or offsetting them, where technically and financially feasible; and

As part of the environmental and social assessment, conduct an assessment of its legal obligations under national law (including international agreements adopted by the member) applicable to the Project.

Examination of Alternatives. Examine, all in a comparative manner: (a) alternatives to the proposed Project that are relevant to the stage of the Project’s development; and (b) their potential environmental and social risks and impacts;and document the rationale for selecting the particular alternative proposed. Depending on the type of Project, alternatives examined may include: (a) investment alternatives to address the development objective; and (b) technical alternatives including Project location, design, technology and operation. As part of examining alternatives, consider and document the “without Project” alternative. Assess the alternatives’ feasibility of mitigating environmental and social risks and impacts, capital and recurrent costs, suitability under local conditions, and the institutional, training and monitoring requirements for alternatives. Examine Project alternatives to avoid or minimize physical and economic displacement associated with Involuntary Resettlement and impacts on Indigenous Peoples. For existing Projects, the scope of alternatives may be limited.

Address Impacts. Address environmental and social impacts in accordance with the mitigation hierarchy, with emphasis on avoiding impacts, or where avoidance is not possible, on minimizing them; and, where possible, enhance positive impacts by means of environmental planning and management.

ESMP. Once the Project’s impacts are identified and the mitigation hierarchy has been applied, establish the measures to mitigate, monitor and manage the impacts and reflect them in an ESMP approved by the Bank. Include in the ESMP the proposed: (a) mitigation measures; (b) environmental and social monitoring and reporting requirements; (c) related institutional or organizational arrangements; (d) provisions for disclosure and consultation; (e) capacity development and training measures; (f)

1 See below for definition of vulnerable groups. implementation schedule; (g) cost estimates; and (h) performance indicators. Key considerations for ESMP preparation include mitigation of potentially adverse impacts to acceptable levels, and the polluter pays principle. Such plan may take a variety of forms, as determined by the Bank.

Adaptive Management. In the case of Project changes, use adaptive management measures. Set out the adaptive management process in the ESMP, specifying how such changes or circumstances are to be managed and reported. In such case, prepare and provide to the Bank for approval and then implement the approved adaptive management measures to address proposed Project changes or unforeseen circumstances. If there are material changes to the scope, design, implementation or operation of the Project that are likely to result in additional environmental or social risks or impacts, carry out an additional assessment of such changes and stakeholder engagement in accordance with the ESP and applicable ESSs, provide to the Bank for approval mitigation measures, as appropriate, in accordance with the findings of such assessments and consultation, and then implement the approved mitigation measures. Disclose the Project changes and mitigation measures in accordance with the provisions of ESS 1 (see Information Disclosure below).

ESMPF. If: (a) the Project consists of a program or series of activities whose details are not yet identified at the time the Project is approved by the Bank

G  prepare an ESMPF. The purpose of the ESMPF is to ensure that the activities covered will be assessed and implemented in conformity with the ESP and applicable ESSs. Set out in the ESMPF: (a) a description of the applicable policies and procedures proposed to be followed to assess and address: (i) environmental and social risks and impacts of the activities; (ii) any Involuntary Resettlement*2* that is likely to result from such activities; and (iii) any impacts on Indigenous Peoples*3* that are likely to result from such activities; (b) an explanation of the anticipated environmental and social risks and impacts; (c) screening and assessment activities; (d) provisions for disclosure and consultation; (e) implementation and monitoring requirements; and (f) roles and responsibilities. Include in the ESMPF, when applicable, an RPF in accordance with ESS 2 and an IPPF in accordance with ESS 3. Prepare the ESMPs and any other required environmental and social assessment documents during development of the activities, in conformity with the ESP and applicable ESSs and the ESMPF approved by the Bank. Ensure that as activities are identified and appraised, their implementation is not initiated: unless and until any required ESMP, RPF or Indigenous Peoples Plan has been prepared and approved by the Bank and all actions required prior to commencement of this implementation have been taken; or unless the Bank has approved the initiation of such implementation in situations of urgent need of assistance under paragraph 51 of the ESP, and then

implement only those actions that have been so approved.

FI Projects. If the Project is categorized as Category FI, implement appropriate environmental and social policies and procedures approved by the Bank to screen and categorize the Bank-financed subprojects as Category A, B or C, review, conduct due diligence on, and monitor the environmental and social risks and impacts of these subprojects, all in a manner consistent with the ESP. This includes: (a) screening these subprojects against the Environmental and Social Exclusion List; (b) reviewing and categorizing these subprojects according to their potential environmental and social risks and impacts; (c) requiring these subprojects to be assessed, prepared and operated in accordance with national laws governing such subprojects, and consistent with the ESP and the ESSs applicable to Category A (and, to the extent the Bank so determines, Category B) subprojects, and (d) monitoring the environmental and social performance of subprojects. Where there are issues in implementation of the environmental and social measures under these subprojects, take steps approved by the Bank to address these issues.

Information Disclosure. Make environmental and social information on the Project available, in an accessible manner, and in a form and language(s) understandable to affected people and other stakeholders, during preparation and implementation of the Project so as to provide an opportunity to broadly identify and address environmental and social risks and impacts, those involving Involuntary Resettlement and Indigenous Peoples, and including community health and safety issues. In particular, disclose the draft environmental and social assessment documents (including the ESMP, and, as applicable, any ESMPF, or other approved forms of documentation) in a timely manner in accordance with paragraph 57 of the ESP, in an accessible place, and in a form and language(s) understandable to affected people and other stakeholders; this includes documentation required under ESS 2 and ESS 3, as applicable. Disclose in the same manner the final assessment documents, as they become available, and any updates to affected people and other stakeholders. Regularly disclose updated environmental and socialinformation,inthesamemanner,alongwithinformationonanymaterial changes in the Project.

Meaningful Consultation. Carry out meaningful consultation with Project-affected people and facilitate their informed participation in the consultations. Meaningful consultation is a process that: (a) begins early in the preparation stage of the Project and is carried out on an ongoing basis throughout the implementation and life cycle of the Project; (b) ensures that all parties have a voice in consultation, including national and subnational government, the private sector, nongovernmental organizations and people affected by the Project, including, as applicable, Indigenous Peoples; (c) provides additional support as needed to ensure participation of women, elderly, young, disabled, minorities, and other vulnerable groups; (d) provides timely disclosure of relevant and adequate information that is understandable and readily accessible to the people affected by the Project and other stakeholders; (e) is undertaken in an atmosphere free of intimidation or coercion; (e) is gender inclusive, accessible, responsive and tailored to the needs of vulnerable groups; and (f) enables the consideration of relevant views of people affected by the Project and other stakeholders in decision-making. Continue consultation with stakeholders throughout Project implementation as necessary on issues related to environmental and social performance and implementation of the Project-level grievance mechanism.

Grievance Mechanism.Establish a suitable grievance redress mechanism to receive and facilitate resolution of the concerns of people who believe they have been adversely affected by the Project’s environmental and social impacts and inform Project-affected people of its availability. Be aware of and respond to stakeholders’ concerns related to he Project in a timely manner. Scale the grievance mechanism to the risks and impacts of the Project. The grievance mechanism may utilize existing formal or informal grievance mechanisms, provided that they are properly designed and implemented, and deemed by the Bank to be suitable for the Project; these may be supplemented, as needed, with Project-specific arrangements. Design the mechanism to address Project- affected people’s concerns and complaints promptly, using an understandable and transparent process that is gender-sensitive, culturally appropriate and readily accessible to all Project-affected people. Include provisions to protect complainants from retaliation and to remain anonymous, if requested. Make reports on grievance redress and outcomes available, in the manner set out in Information Disclosure above. For private sector Projects*4*, establish a grievance mechanism for workers to address workplace concerns (see below).

Implementation and Monitoring. Implement the ESMP and ESMPF (as applicable) and monitor their effectiveness. Document monitoring results, including the development and implementation of corrective actions, and disclose monitoring reports in accordance with Information Disclosure above.

Exclusion List. Ensure that the Project does not involve any activity or item listed in the Environmental and Social Exclusion List.

Environmental Coverage

Environmental Risks and Impacts. Undertake a broad assessment of potential environmental risks and impacts, both positive and adverse, associated with the Project. This includes direct and indirect impacts on the physical and biological environment, recognizing they are closely linked with social and economic conditions.

Biodiversity Consideration. Consider direct and indirect Project-related impacts on biodiversity, for example habitat loss, degradation and fragmentation, invasive species, overexploitation, hydrological changes, nutrient loading, pollution and incidental take, as well as projected climate change impacts. Also take into account the differing values attached to biodiversity by affected communities and other stakeholders.

Biodiversity Impacts. Avoid adverse Project impacts on biodiversity. When avoidance of adverse impacts is not possible, implement measures to minimize adverse impacts and restore biodiversity, including, as a last resort, biodiversity offsets. Ensure that suitably qualified and experienced biodiversity expertise is used to conduct the environmental and social assessment, to assist in the development of a mitigation hierarchy and to verify the implementation of mitigation measures. Address biodiversity as an element of the ESMP or ESMPF (or both, as applicable). In the case of complex situations prepare, as appropriate, a biodiversity management plan, which may be included in the ESMP or ESMPF or be self-standing.

Critical Habitats. Project activities in areas of critical habitats are prohibited, unless: (a) there are no predicted measurable adverse impacts on the critical habitat that could impair its ability to function; (b) there is no predicted reduction in the population of any recognized endangered or critically endangered species; and (c) any impacts are mitigated. If the Project is located within a legally protected area, implement additional programs to promote and enhance the conservation objectives of the protected area. Ensure that the Project also complies with any applicable national laws and regulations.

Natural Habitats. If the Project has to be implemented in an area of natural habitats, ensure there will be no significant conversion or degradation; and if feasible alternatives are not available, ensure that: (a) the Project’s overall benefits substantially outweigh the environmental costs; and (b) any conversion or degradation is appropriately mitigated through measures acceptable to the Bank. Ensure that these criteria are applied when proposed actions under the Project could potentially cause deforestation or conversion of natural forests.

Protected Areas. Where the Project occurs within or has the potential to adversely affect an area that is legally protected or internationally recognized or designated for protection, identify and assess these potentially adverse impacts and apply the mitigation hierarchy so as to avoid, or when avoidance is not possible, to mitigate those adverse impacts that would compromise the integrity, conservation objectives or biodiversity importance of the area. Ensure that the Project also complies with any applicable national laws and regulations relating to protected areas.

Sustainability of Land and Water Use. Assess the sustainability of land and water use in the area of the Project and in immediately adjacent areas. Where feasible, locate the Project, particularly if it involves land clearing, on land that is already converted or highly degraded, provided that any resulting Involuntary Resettlement is limited and meets the requirements for an abbreviated resettlement plan, as provided for in ESS 2. Consider co-locating infrastructure investments such as pipelines, transmission lines and roads, when possible, to minimize land requirements. Review risks and impacts to the quantity, quality and ecology of surface and groundwater resources, including the use of environmental flow studies as appropriate. Include examination of risks and impacts to coastal and marine resources, where relevant.

Precautionary Approach. Use a precautionary approach to anticipate, prevent or minimize negative Project impacts on the environment, including the development and management of renewable natural resources. Where there is a significant risk of negative impacts, promptly adopt measures to avoid or minimize such impacts even if full scientific certainty regarding the optimal measure is lacking.

Pollution Prevention. Apply pollution prevention and control technologies and practices under the Project consistent with international good practice as reflected in internationally recognized standards, such as the World Bank Group’s Environmental, Health and Safety Guidelines (EHSGs).*5* Adopt clean production processes and good energy efficiency practices. Avoid pollution, or, when avoidance is not possible, minimize or control the intensity or load of pollutant emissions and discharges, including direct and indirect greenhouse gas emissions. Minimize and manage waste generation and release of hazardous materials from production, transportation, handling and storage. Avoid the use of hazardous materials subject to international bans or phase outs. Purchase, use and manage pesticides based on integrated pest management and integrated vector management approaches, and reduce reliance on synthetic chemical pesticides.

Resource Efficiency. Implement technically and financially feasible measures under the Project for improving efficiency in consumption of energy and water, as well as other resources and material inputs. Integrate the principles of cleaner production into product design and production processes with the objective of conserving raw materials, energy and water. Include measures to minimize and recycle domestic waste. Make use of recycled construction waste and other alternatives to new materials where feasible under the Project.

Climate Change. Design and implement the Project so as to minimize emissions in accordance with the aims of the Paris Agreement of December 2015. Develop mitigation or adaptation measures to reduce risk of climate change, as relevant. Assess the impacts of the Project on climate change, including emissions, as well as the implications of climate change for the Project. Identify opportunities for low-carbon use, where applicable, and for reducing emissions, enhancing adaptive capacity, strengthening resilience and reducing vulnerability to climate change, incorporating climate-proofing into the Project, and promoting the use of renewable energy, where these are technically and financially feasible.

Greenhouse Gases. Assess alternatives under the Project, and implement technically and financially feasible and cost-effective options that support meeting nationally determined contributions.*6*,*7*

C. Social Coverage

Social Risks and Impacts. Undertake a broad assessment of potential social and economic risks and impacts, both positive and adverse, associated with the Project, not limited to Involuntary Resettlement or impacts on Indigenous Peoples. This includes direct and indirect impacts at the community and household level, recognizing they are closely linked with physical and biological conditions.

Scope of Social Coverage. Provide in the assessment an overview of the full range of social risks and impacts, as described below and identify measures for their avoidance or mitigation. If Involuntary Resettlement would occur under the Project, describe this in the assessment and complement it with the preparation of a resettlement plan as required by ESS 2. If Indigenous Peoples are present in, or have a collective attachment to, the proposed area of the Project and are likely to be affected by the Project, describe this in the assessment and complement it with the preparation of an Indigenous Peoples plan as required by ESS 3.

Vulnerable Groups and Discrimination. Assess social risks and impacts that affect vulnerable groups or individuals, and any discrimination toward groups or individuals in providing access to development resources and Project benefits, particularly towards vulnerable groups. As necessary, incorporate measures to ensure that any discrimination is mitigated to the extent possible. The objective of non-discrimination is to enable access of affected people to the benefits of Projects financed by the Bank so that they do not suffer disproportionately from adverse Project impacts. Vulnerable groups or individuals refers to people who, by virtue of factors beyond their control: (a) are more likely to be adversely affected by the Project’s environmental and social impacts; and (b) are more likely to be limited than others in their ability to claim or take advantage of Project benefits. Such an individual or group is also more likely to be excluded from or unable to participate fully in the mainstream consultation process and may require specific measures or assistance (or both) to do so.

Gender. Identify any potentially adverse gender-specific impacts of the Project, and develop mitigation measures to reduce these. Where relevant, use gender disaggregated data and analysis, and consider enhancing the design of the Project to promote equality of opportunity and women’s socioeconomic empowerment, particularly with respect to access to finance, services and employment.

Land and Natural Resource Access.Assess economic and social impacts relating to the involuntary taking of land or restriction on access to natural resources under the Project;*8* risks or impacts associated with land and natural resource tenure and use, including (as relevant) potential Project impacts on local land use patterns and tenure arrangements, land access and availability, food security and land values, and any corresponding risks related to conflict or contestation over land and natural resources. Take gender into account regarding land ownership and customary rights to natural resources.

Loss of Access to Assets or Resources or Restrictions on Land Use. If adverse environmental, social or economic impacts from Project activities involving loss of access to assets or resources or restrictions on land use that do not fall within the definition of Involuntary Resettlement under ESS 2 are identified, such impacts are avoided, or when avoidance is not feasible, they are at least minimized, mitigated, or compensated for, through the environmental and social assessment. If these impacts are found to be significantly adverse at any stage of the Project, develop and implement a management plan to restore the livelihoods of affected persons to at least pre-Project level or better.

Cultural Resources. Conserve cultural resources and avoid destroying or damaging them under the Project by using field-based surveys that employ suitably qualified and experienced experts for the assessment. Address cultural resources as an element of the ESMP or ESMPF (or both, as applicable). In the case of complex situations, prepare, as appropriate, a cultural resources management plan, which may be included in the ESMP or ESMPF or be self-standing. Provide for the use of “chance find” procedures that include a pre-approved management and conservation approach for cultural resources that may be discovered during site preparation or implementation of the Project. Determine, in consultation with the Bank, if disclosure of information regarding cultural resources would compromise or jeopardize the safety or integrity of the cultural heritage. In such cases, sensitive information may be omitted from public disclosure. Cultural resources include movable or immovable objects, sites, structures, groups of structures, and natural features and landscapes that have archaeological, paleontological, historical, architectural, religious, aesthetic, or other cultural significance. Cultural resources may be located in urban or rural settings, and may be above or below ground, or under water. Their cultural interest may be at the local, provincial or national level, or within the international community.

Working Conditions and Community Health and Safety

Safe Working Conditions and Community Health and Safety. Assess labor and working conditions of Project workers,*9* as well as health and safety risks to local communities in the area of the Project. Implement measures designed to ensure Project workers have safe and healthy working conditions, and put in place measures to prevent accidents, injuries, and disease caused by the Project. Apply the relevant occupational health and safety provisions of internationally recognized standards, such as the EHSGs and, as appropriate, industry-specific EHSGs, to the Project. Document and report on accidents, diseases and incidents. Put in place preventive and emergency preparedness and response measures to avoid, or where avoidance is not possible, to minimize adverse risks and impacts of the Project on the health and safety of local communities.

Child Labor and Forced Labor. In order to protect children from jeopardy to their health, safety or morals, ensure that children under the age of 18 are not employed for work under the Project. However, if the laws or regulations of the country in which the Project is located provide, in conformity with the International Labour Organization’s Minimum Age Convention, 1973, that children at least 16 years of age may be employed for such work on condition that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity, such children may be employed, but only in conformity with these laws and regulations. In such cases of employment of children under the age of 18 under the Project, conduct an appropriate risk assessment, together with regular monitoring, of their health, safety, working conditions and hours of work.*10* Ensure that, in connection with the Project, there is no work or service not voluntarily performed that is exacted from an individual under threat of force or penalty (including any kind of forced or compulsory labor, such as indentured labor, bonded labor or similar labor-contracting arrangements, or labor by trafficked persons).*11*

Labor Management Relationships in Private Sector Projects. *12* For private sector Projects, ensure that a labor management system for Project workers, which includes the following, is in place for the Project, consistent with relevant national law: (a) clear and understandable written terms of employment made available to Project workers in an accessible manner; (b) timely payment for Project work; (c) adequate periods of rest; (d) timely notice of termination of the working relationship; (e) employment on the basis of the principle of equal opportunity, fair treatment and non-discrimination; (f) compliance with national law relating to workers’ organizations and collective bargaining; (g) an accessible, understandable and transparent grievance mechanism for raising Project workplace concerns that: (i) does not impede access to other judicial or administrative remedies that might be available under law or through existing arbitration or mediation procedures, or substitute for grievance mechanisms provided through workers unions or collective agreements; (ii) involves an appropriate level of management and addresses concerns promptly, using an understandable and transparent process that provides timely feedback to those concerned, without any retribution; and (iii) allows for confidential complaints to be raised and addressed; and (h) a suitable system designed to inform Project workers of the grievance mechanism at the time of hiring, and make it easily accessible to them.

Building Safety. Where the Project includes new buildings and structures that will be accessed by members of the public, consider the incremental risks of the public’s potential exposure to operational accidents or natural hazards, including extreme weather events. Where technically and financially feasible, apply the principles of universal access13 to the design and construction of such new buildings and structures.

Traffic and Road Safety.Identify, evaluate and monitor traffic*14* and road safety risks to Project workers and affected communities throughout the Project life-cycle, develop measures and plans to address them, and incorporate technically and financially feasible road safety components into Project design, where applicable, to prevent and mitigate potential road safety impacts on the affected communities. If the Project involves operating construction and other moving equipment on public roads or if the use of Project equipment could have an impact on public roads or other public infrastructure, implement measures to avoid the occurrence of incidents and injuries to members of the public associated with the operation of such equipment. Where appropriate, undertake a road safety audit and implement measures to address identified risks and impacts. Provide appropriate training to Project workers on driver and vehicle safety, and ensure regular maintenance of all Project vehicles (owned or leased).

Security Personnel. When Project workers are assigned to provide security to safeguard the Client’s personnel and property (Project security workers), assess risks posed by these security arrangements to persons within and outside the Project site. In making such arrangements, apply the principles of proportionality and good international practice, and comply with applicable law relating to hiring, rules of conduct, training, equipping, and monitoring of Project security workers. Implement measures designed to ensure that Project security workers limit their security actions exclusively to preventive and defensive purposes, in proportion to the nature and extent of the threat. The Client discloses security arrangements for the Client’s facilities to the public, subject to overriding security concerns.

Make reasonable inquiries to ensure that Project security workers are not implicated in past abuses; train them adequately (or ensure that they are properly trained) in carrying out of security actions, and appropriate conduct toward Project workers and affected communities; and require them to act within the applicable law. Review all allegations of unlawful or abusive acts of Project security workers, take appropriate action to prevent recurrence and, where necessary, report unlawful acts to the relevant authorities.

{*1* See below for definition of vulnerable groups.}

{*2* For a definition of Involuntary Resettlement, see ESS 2.}

{*3* For a definition of Indigenous Peoples, see ESS 3.}

{*4* A Project is a private-sector Project if: (a) it is designed, constructed, operated and owned by a private entity; (b) the private entity is fully responsible for identifying, assessing and managing the environmental and social risks associated with the activity; and (c) the private entity has a generally recognized capacity to identify, assess and manage the environmental and social risks associated with the Project. A private entity is any natural or legal person, whether privately or publicly owned: (a) which is carrying out or is established for a business purpose, and is operating on a commercial basis; (b) which is financially and managerially autonomous; and (c) whose day-to-day management is not controlled by the government.}

{*5* http://www.ifc.org/ehsguidelines}

{*6* Nationally determined contributions means those contributions, including as and when referred to as intended nationally determined contributions,” and as found on the UNFCCC website.}

{*7* In order to support reporting on greenhouse gas emissions for implementation of the Paris Agreement, the Bank may, at the Client’s request, finance measures for the Client to quantify and report to national authorities, in accordance with internationally recognized methodologies and good practice, direct and indirect emissions from Project-related facilities. }

{*8* See also ESS 2 for additional requirements relating to Involuntary Resettlement.}

{*9* For the purpose of this ESS, Project workers include: (a) persons engaged directly by the Client (whether full-time, part-time, temporary, seasonal or migrant), to work specifically on the Project; and (b) personnel of contractors engaged by the Client to work on the Project and of subcontractors hired by these contractors to work on the Project. The term does not apply to any other workers of the Client or other entities.

{*10* See also definition of harmful and exploitative child labor under the Environmental and Social Exclusion List.}

{*11* See also definition of forced labor under the Environmental and Social Exclusion List.}

{*12* This provision does not apply to a Project which is not a private sector Project or to Project workers who may be employed in their capacity as government civil servants in a public or private sector Project. For purposes of this provision: (a) a Project is a private sector Project if: (i) it is designed, constructed, operated and owned by a private entity; (ii) the private entity is fully responsible for identifying, assessing and managing the environmental and social risks associated with the activity; and (iii) the private entity has a generally recognized capacity to identify, assess and manage the environmental and social risks associated with the Project; and (b) a private entity is any natural or legal person, whether privately or publicly owned: (i) which is carrying out or is established for a business purpose, and is operating on a commercial basis; (ii) which is financially and managerially autonomous; and (iii) whose day-to-day management is not controlled by the government.}

{*13* Universal access means unimpeded access for people of all ages and abilities in different situations and under various circumstances.}

{*14* Traffic includes all motorized transportation relevant to the Project.}