ENVIRONMENTAL AND SOCIAL SAFEGUARD (ESS) … · ENVIRONMENTAL AND SOCIAL SAFEGUARD (ESS) GUIDELINE...
Transcript of ENVIRONMENTAL AND SOCIAL SAFEGUARD (ESS) … · ENVIRONMENTAL AND SOCIAL SAFEGUARD (ESS) GUIDELINE...
ENVIRONMENTAL AND SOCIAL
SAFEGUARD (ESS) GUIDELINE
FOR MULTILATERAL PROJECTS
FUND
PT. Sarana Multi Infrastruktur (Persero)
2016
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TABLE OF CONTENTS
ESS Guidelinesfor Multilateral Projects Fund i
CHAPTER I - INTRODUCTION - ...................................................................................................... 1
1. Background ................................................................................................................... 1
2. Purposes and Objectives ............................................................................................... 1
3. Scopes………….. ......................................................................................................... 2
4. Legal Basis ……………………………………………………………………………2
5. Statement of the Company’s ESS Polices .................................................................... 4
6. Exceptions…………………….. ................................................................................... 5
7. Definition….…………. ................................................................................................ 5
CHAPTER II – OBJECTIVES AND ETHICS OF ESS MANAGEMENT ..................................... 8
1. Management Objectives ............................................................................................... 8
2. Management Ethics ...................................................................................................... 8
3. Risk of ESS Managementfor Multilateral Projects ...................................................... 8
CHAPTER III – ORGANIZATION AND RESPONSIBILITIES .................................................... 9
1. Board of Directors ........................................................................................................ 9
2. Risk Management Division .......................................................................................... 9
3. Business Divisions ...................................................................................................... 10
4. Financing Facility Control Division (DPFP) .............................................................. 10
5. Advisory and Project Development Support Division (DDPPA)............................... 10
1. ENVIRONMENTAL & SOCIAL IMPACT ASSESSMENT AND MANAGEMENT 11
2. LABOR AND WORKING CONDITIONS .................................................................................. 13
3. POLLUTION PREVENTION AND ABATEMENT ................................................................... 16
4. SAFETY, HEALTH AND SECURITY......................................................................................... 18
5. LAND ACQUISITION AND RESETTLEMENT ....................................................................... 21
6. BIODIVERSITY CONSERVATION AND NATURAL RESOURCES MANAGEMENT ..... 25
7. INDEGENOUS PEOPLES AND LOCAL COMMUNITIES ..................................................... 26
8. CULTURAL HERITAGE .............................................................................................................. 29
9. ENERGY CONSERVATION AND ENVIRONMENT FRIENDLY ENERGY ....................... 31
10.CONSULTATION AND GRIEVANCE MECHANISM ............................................................ 32
CHAPTER VII – CLOSING ........................................................................................... 33
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APPENDIX I – LIST OF THE REPUBLIC OF INDONESIA REGULATIONS
RELATED TO ENVIRONMENTAL, SOCIAL, OCCUPATIONAL
HEALTH & SAFETY ISSUES ............................................................... 35
APPENDIX II - ENVIRONMENTAL AND SOSCIAL DUE DILIGENCE OUTLINE
................................................................................................................. 39
APPENDIX III - EXCLUSION LIST ............................................................................ 41
Environmental and Social Assessment Checklist ............................................................ 41
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BAB I - PENDAHULUAN
1. Background
PT Sarana Multi Infrastruktur (Persero), here in after called “the Company" is a State-Owned
Enterprise (SOE) which was established to accelerate the national infrastructure financing through
partnerships with private sectors and/or multilateral financial institutions.
To achieve the above purposes, the Company is committed to managing its environmentally-and-
socially-friendly business activities.
In order for the financing and investment activities, project development, and consulting service
provision for infrastructure projects to comply with the environmental, occupational health and
safety and social stipulation and requirements in Indonesia, the Company needs to develop and
publish Environmental and Social Safeguard (ESS) Guideline for Multilateral ProjectsFund as
reference.
2. Purposes and Objectives
ESS Guideline for Multilateral Projects Fund is used as a reference for the Company in
implementing 1/ financing and investment activities, 2/ project development, and 3/ consulting
service provision for infrastructure projects which involve the multilateral funds and cooperation.
Below are the objectives of the Guideline:
a. To apply the Prudent Principle so that the environmental, social and occupational health and
safety risks may be evaluated, measured, monitored, controlled and mitigated adequately.
b. To provide clear authority and responsibilities as well as the role and functions of each related
working unit.
c. To maintain the consistency and level of performance in implementing and managing the
environmental, social and occupational health and safety risks as parts of 1/ financing and
investment activities, 2/ project development, and 3/ consulting service provision in order to
create an effective and efficient work process.
d. To serve as the guidelines for application of International Best Practice in running green and
sustainability infrastructure project in Indonesia.
e. To identify the hazards and risks as early as possible in the development of a facility or project
cycle, including mergers, considerations in the site selection process, the product design
process, the engineering planning process for capital application, the demand for engineering
work, facility modification authorization, or layout planning and process changes.
f. To hire the professional shaving experience, competence and training materials to assess and
manage the impacts and risks as well as to carry out the specific environmental management
functions including project preparation or specific activitiy planning and procedures integrated
in the technical recommendations presented in this document and relevant to the project.
g. To understand the risk possibility and scale based on:
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a. The nature of the project activities, whether the project will create the significant
amount of emissions or effluents, or involve the process of Hazardous and Toxic
Substances.
b. Potential consequences to workers, communities, or environment when the hazards
are not managed properly.
h. To give priority over risk management strategies having the objectives of reducing overall
health and environmental risks and focusing on the prevention of significant and/or
unchangeable impacts.
i. To create a strategy to eliminate the hazards from its source.
j. To combine engineering and management control to reduce or minimize the possibility and
scale of unexpected consequences when impacts are unavoidable. For example, the
implementation of pollution control to reduce the contaminant level emitted to workers or the
environment.
k. To educate workers and surrounding communities in anticipating any accident occurence,
including providing technical and financial resources for effective and safe control of every
accident, as well as return the workplace environment and community to safe and healthy
conditions.
l. To improve performance through a combination of ongoing facility performance monitoring
and effective accountability.
3. Scopes
a. ESS Guideline for Multilateral Projects Fund provides guidances in managing the
environmental, occupational health and safety and social risks related to 1/ financing and
investment activities, 2/ project development, and 3/ consulting service provision for
infrastructure projects which use multilateral funds and/or cooperation.
b. Risk category of environmental, occupational health and safety, and social management,
Environmental and Social Due Diligence (ESDD) implementation, administration and
monitoring refer to Guideline of Environmental and Social Management System for Projects.
4. Legal Basis
ESS Guideline for Multilateral ProjectsFund is developed based on below provisions:
a. Act No. 32 Year 2009 on the Environmental Protection and Management.
b. Act of the Republic of Indonesia No. 1 Year 1970 on Occupational Safety.
c. Act of the Republic of Indonesia No. 13 Year 2003 on Employment.
d. Act of the Republic of Indonesia No. 2 Year 2012 on Land Procurement for Public Interest
Development.
e. Act of the Republic of Indonesia No. 36 Year 2009 on Health Issue.
f. Act of the Republic of Indonesia No. 6 Year 1994 on the Ratification of the United
Nations Guideline Convention on Climate Change.
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g. Act of the Republic of Indonesia No. 17 of 2004 on Ratification of the Kyoto Protocol to the
United Nations Guideline Convention on Climate Change.
h. Act of the Republic of Indonesia No. 7 Year 2012 on Social Conflict Treatment.
i. Act of the Republic of Indonesia No. 11 Year 2009 on Social Well-being.
j. Act of the Republic of Indonesia No. 1 Year 2000 on the Ratification of ILO Convention No.
182 of 1999 concerning the Prohibition and Immediate Action for the Elimination of Child
Workers.
k. Act of the Republic of Indonesia No. 9 Year 1998 on the Freedom to Express Opinionin Public.
l. Act of the Republic of Indonesia No.10 Year 1992 on Demography and Family Welfare.
m. Act of the Republic of Indonesia No. 24 Year 1992 on Spatial Planning.
n. Act of the Republic of Indonesia No.5 Year 1994 on the Ratification of the International
Convention on Biological Diversity (United Nations Convention on Biological Diversity).
o. Act of the Republic of Indonesia No. 37 Year 2014 on Soil and Water Conservation.
p. Act of the Republic of Indonesia No. 41 Year 1999 on Forestry.
q. Act of the Republic of Indonesia No. 5 Year 1990 on Conservation of Natural Resources and
Ecosystems.
r. Act of the Republic of Indonesia No. 21 Year 2014 on Geothermal.
s. Act of the Republic of Indonesia No. 32 Year 2014 on Marine.
t. Act of the Republic of Indonesia No. 11 Year 2010 on Cultural Heritage.
u. Act of the Republic of Indonesia No. 7 Year 2004 on Ratification of Convention on the
Elimination of All Forms of Discrimination against Women.
v. Government Regulation No. 70 Year 2009 on Energy Conservation.
w. Government Regulation No. 101 Year 2014 on Management of Hazardous and Toxic Waste.
x. Government Regulation No. 74 Year 2001 on Hazardous and Toxic Substances.
y. Government Regulation No. 27 Year 2012 on Environmental Permit.
z. Government Regulation No. 50 Year 2012 on Occupational Health and Safety Management
System (SMK3).
aa. Regulation of the Minister of Environment No. 05 Year 2012 on Types of Business Plan and/or
Activities Obligatory to Have Environmental Impact Assessment (EIA).
bb. Regulation of the Minister of Environment No. 17 Year 2012 on Guidelines for Community
Involvement in the Process of Environmental Impact Assessment and Environmental Permit.
cc. Minister of Finance Regulation No. 100/PMK.010/2009 on the Company's Infrastructure
Financing.
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dd. Regulation of the Minister of Forestry No. P.16/Menhut-II /2014 on Guidelines for Borrow and
Use of Forest Area.
ee. Government Financial Services Authority (Otoritas Jasa Keuangan) guidance in Sustainable
Finance Roadmap issued by Government Financial Services Authority and Ministry of
Environment and Forestry on December 5th, 2014
ff. Regulations of the Republic of Indonesia related to the Environmental, Health, Social and
Safety Issues for specific sectors, as mentioned in Annex I.
gg. Articles of Association of PT. Sarana Multi Infrastruktur.
hh. Good Corporate Governance.
ii. Code of Conduct.
jj. Guidelines for Risk Management.
kk. Guidelines for Company Policy Preparation
ll. Board of Directors Regulation on Main Duties and Functions of the Company Divisions.
mm. Multilateral Donors/International Standards: IFC Performance Strandards, and/or other
international institution such as The World Bank Safeguard Policy, ADB Safeguard Policy
Statements (SPS).
5. Statement of the Company’s ESS Polices
PT. Sarana Multi Infrastruktur Public Company (Persero) as a State-Owned Enterprise engaged in 1/
financing and investment activities, 2/ project development, and 3/ consulting service provision for
infrastructure projects has below commitments:
1. To develop and implement environmental and social safeguard which refers to the applicable
regulations and standards.
2. To give priority over the construction financing having with minimal negative impact on the
environmental and social sectors.
3. To support the conservation of natural resources and energy optimally.
4. To possess, implement and comply with the provisions of environmental and social
documents in any operational activities.
5. To identify and manage the environmental and social risks andimpact.
6. To conduct an evaluation to improve the environmental and social performance.
To that end, the Company will conduct:
Assessment of the environmental and social aspects as well as acceleration of the
environmental friendly development and minimization of the social risk.
Regular control to ensure the effectiveness of the Company's policies.
Advocation of environmental protection and conservation of natural resources as well as
social and cultural protection in projects financed by the Company.
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6. Exceptions
If any exceptions to these guidelines and procedures are required in certain conditions, such
exceptions should accordingly be approved by the Board of Directors. If necessary, the Board of
Directors may request a review in advance from the Risk Management Division.
The above-mentioned exceptions should be based on the analysis result of transactions or business
activities, should pay attention to the risk factors which are possible to happen, and should consider
the managerial aspects closely related to the Company interests.
7. Definition
a. AMDAL/EIA :
Environmental Impact Assessment constitues a document required
under Act No. 32 Year 2009 and its implementation in accordance
with Government Regulation No. 27 Year 2012 on Environmental
Permit and Regulation of the Minister of Environment No. 05 Year
2012 on Types of Business Plan and/or Activities Obligatory to Have
Environmental Impact Assessment (EIA). EIA consists of 4 (four)
inseparable documents, namely:
• EIA Terms of Reference, containing the scope plan of
environmental impact assessment.
• Environmental Impact Assessment (AMDAL/EIA), the
significant identification of positive and negative impacts of a
project/activity.
• Environmental Management Plan (RKL), documenting the
efforts of significant impact management plan.
• Environmental Monitoring Plan (RPL), documenting the
monitoring plan efforts to complement the significant impact
monitoring.
b. Hazardous and
Toxic Substances
: Substances, energy, and/or other components due to the nature,
concentration, and/or amount, either directly or indirectly, can
pollute and/or damage the environment, and/or endanger the
environment, health as well as the human and other living creature
survival.
c. Business Division : An Activity-Executing Divison which makes and implements
decisions relating to the Company's business activities, namely
financing and investment activities or project development or
consulting services.
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d. Environmental and
Social Due Diligence
(ESDD)
e. Environmental and
Social Management
System (“ESMS”)
:
The process to investigate/audit the investment potential in details,
such as the management and operational process identification, field
data verification, particularly related to environmental and social
view point.This process is conducted by the Company.
A management system processes and procedures of protection for
any organization to analyze , control and reduce the environmental
and social impacts resulting from activities, products , and services.
f. Environmental and
Social Safeguard
(ESS)
: A management system for the protection processes and procedures
in which an organization analizes, controls and reduces the
environmental and social impacts from its activities, products and
services.
g. Exclusion List : A list of projects that are not allowed to receive services of the
Company, related to 1/ financing and investment activities, 2/ project
development, and 3/ consulting service provision.
h. Consulting Services : Service provision of professional expertise by the Company in the
infrastructure field for the service users based on the consulting-
service-provision agreement between the Company and service
users.
i. Financing
: Provision of funds or equivalent claims,based on a loandealor an
agreement between the Company and the debtor. The debtor is
required to repay the debt after a certain period of time with interest.
j. Project
Development
: The serviceprovision for preparation and development of
infrastructure projects by the Company.
k. Authorized Officers
to Make Decision
: Officers of the Company pursuant to the Board of Directors
Regulations having the authority to make any decisions on specific
activities.
l. Regulation : The condition or capability that must be met or possessed by all
activities, products and services related to the environmental, health,
social and worksafety.
m. Risk : The potential occurrence of an event, whether predictable or
unpredictable which may cause negative impact on the achievement
of the Company’s vision, mission, purposes/objectives.
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n. Letter of Ability to
Manage and
Monitor the
Environment
(SPPL)
: Commitment of the parties responsible for business and/or activity to
conduct the environmental management and monitoring of
environmental impact for the businesses and/or activities other than
the businessesand/or activites which are subject to having EIA or
UKL-UPL.
m. Environmental
Management
Efforts-
Environmental
Monitoring Efforts
(UKL –UPL)
: Mandatory documents under Act No. 32 Year 2009 and its
implementation in accordance with Government Regulation No. 27
Year 2012 on Environmental Permit, but not included in the project/
activity contained in the Regulation of the Minister of Environment
No. 05 Year 2012 on Types of Business Plan and/or Activities
Obligatory to have EIA.
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BAB II –TUJUAN DAN ETIKA PENGELOLAAN ESMS PROYEK
1. Management Objectives
The Company is committed to managing its environmentally-and-socially-friendly business
activities with below objectives:
a. To ensure that the management and stakeholders of the financed company understand the
Guideline commitments made by PT SMI.
b. To guarantee that 1/ financing and investment activities, 2/ project development and 3/
consulting service provision performed by the Company using multilateral projects fund
will comply with ratified national and international regulations related to environmental,
occupational health and safety and social aspects.
c. To ensure that the process of reviewing, monitoring and surveillance related to the above point
b. is conducted periodically and meets national and local government regulation.
2. Management Ethics
The excutors and stakeholders involved in the ESS management for Multilateral Project should
obey the business ethics and code of conduct of the Company as set forth in this Guideline.
3. Risk of ESS Management for Multilateral Projects
To perform ESS management for Multilateral Projects, the involved parties should pay attention
and consider the potential risks that can occur and make an effort to conduct mitigation measures
to below risks:
a. Credit Risk
A risk arising from counterparty/debtor failure to meet their obligations in accordance with
theagreed terms, including theagreement on the implementation of Multilateral Project ESS
required by the Company.
The credit risk mitigation, among others is by performing identification, assessment,
monitoring and control over the ESS management for the funded projects.
b. Operational Risk
A risk due to the insufficiency and/or internal process failure, human error, system failure,
or external problems affecting the Company's business activities, such as the procedural
errors in managing Multilateral Project ESS for 1/ financing and investment activities, 2/
project development, and 3/ consulting service provision.
Operational risk mitigation is focused on the sufficiency of guidelines, procedures and
manuals/technical instructions governing the project ESS management, the existence of dual-
control culture and a clear segregation of duties.
c. Reputation Risk
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A risk that is partly due to a negative publicity associated with the Company's business
activity or a negative perception of the Company related to the inappropriateness of the
Multilateral Project ESS management and implementation that carried out by the Company.
Reputation of risk mitigation, among others, is by performing communication management,
both internally and externally with stakeholders through activities that can create a positive
corporate image, including establishing a good relationship with the media.
III – ORGANISASI DAN TANGGUNG JAWAB
1. Board of Directors
a. To establish policies and risk management of ESS implementation for multilateral projects
fundin the Company’s activities.
b. To establish the organizational structure including the clear authority and responsibility
related to ESS implementataion for multilateral projects funding the Company's activities.
c. To monitor compliance with ESS implementation for multilateral projects fund and provide
guidance on ESS management improvement of multilateral projects fund in the Company's
activities.
2. Risk Management Division
a. Below are the responsibilities of Head of Risk Management Division:
i. To ensure 1/ financing and investment activities, 2/ project development, and 3/
consulting service provision are in compliance with the provisions as set forth in the
regulations, in accordance with the scope of ESS Multilateral Projects.
ii. To establish risk categories of Multilateral Project ESS management.
iii. To approve the Environmental and Social Due Diligence (ESDD) result report and
review results of ESDD report prepared by ES Safeguard Specialist.
iv. To submit ESDD report to theFinancing & Investment Division (DPI) and the Credit
and Investment Committee (IMC/KKI) for the consideration of financing and investment
decisions.
v. To ensure adequacy of resources related to the implementation of the Multilateral Project
ESS in the Risk Management Division.
b. ES Safeguard Specialist performs the following responsibilities:
i. To evaluate whether the 1/ financing and investment activities, 2/ project development,
and 3/ consulting service provision are already compliance with the provisions stipulated
in the regulations as well as in accordance with the scope of ESS Multilateral Projects
Fund.
ii. To propose the Project ESS management report and risk categories.
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iii. To perform a project site visit, as well as the site visit report.
iv. To perform ESDD and prepare ESDD report including recommending Corrective Action
Plan (CAP).
v. To review ESDD report after being compiled by the Pool of Expert–Advisory and Project
Development Support Division (DDPPA) or Consultant.
vi. To coordinate with the Business Division for the fulfillment and management of ESS
during the project implementation.
vii. Conducting periodic monitoring of the project in accordance with a mutually agreed
between the Project and the Company
viii. To keep and maintain hardcopies or softcopies of Multilateral ProjectESS documents.
3. Business Divisions
a. To ensure that the project conducted is not included in the Exclusion List.
b. To coordinate with the counterpart/debtor for completing the necessary documents in the
Project ESS management.
c. To coordinate with the Division of Risk Management for the fulfillment and management of
ESS during the project implementation.
d. To monitor the financing and investment facilities or project development or consulting
services.
e. To keep and maintain hardcopies or softcopies of Multilateral Project ESS documents.
4. Financing Facility Control Division (DPFP)
a. To monitor the fulfillment of compliance obligations of the parties, including the fulfillment
of the Corrective Action Plan, in accordance with the financing and investment agreement.
b. To keep and manage the original Multilateral Project ESS documents as a part of financing
and investment documentation.
5. Advisory and Project Development Support Division (DDPPA)
a. To monitor the implementation of Multilateral Project ESS management by the Pool of
Expert-Advisory and Project Development Support Division (DDPPA)/Consultant.
b. To take care of physical storage and management of original ESSfor multilateral projects
fund documents as part of the activity documents of project development or consulting
service provision.
c. To coordinate with the Division of Risk Management for the fulfillment and management of
ESS during the project progresses
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I. The Company applies Elements of Multilateral Project Environmental and Social Safeguards
in order to manage social and environmental risks and impacts as well as to obtain
development opportunities in the private sector financing for prospective borrowers and
appropriate projects to be financed. Here are the ten Elements of Multilateral Project
Environmental and Social Safeguards established as common standards to fulfill such
financing:
1. ASSESSSMENT AND MANAGEMENT OF ENVIRONMENTAL & SOCIAL
RISKS AND IMPACTS
This first element emphasizes the importance of managing environmental and social
aspects in the project implementation. The compliance with environmental and social
regulations is a dynamic and ongoing process that begins by the Company management,
Government and Community. The compliance with environmental and social regulations
is a must prior to the commencement of a project. This involves environmental permit,
location permit, land-use permits and other required permits in accordance with the
regulations of the Republic of Indonesia. This compliance nature includes the elements of
business process, namely planning, implementation, monitoring and improvement. Its
implementation has passed the environmental and social risk and impact studies and
assessments. The management and mitigation of any occurring risks have also been
prepared.
OBJECTIVES
a) To get necessary permits as part of the government's efforts to identify and assess
positive or adverse environmental and social impacts prior to the project
execution.
b) To prevent, or if prevention is impossible, to minimize, mitigate, or compensate
the negative impacts on the environment and local communities.
SCOPE OF APPLICATION
This first element is applied to a project having low, medium and high risks with a
necessity to obtain necessary permits prior to the project execution. Accordingly, the
environmental and social impacts can be managed in a sustainable manner.
STIPULATION
i. PT SMI requires environmental assessment (EA) of projects proposed for PT SMI
financing to help ensure that they are environmentally sound and sustainable, and
thus to improve decision making.
ii. EA is a process whose breadth, depth, and type of analysis depend on the nature,
scale, and potential environmental impact of the proposed project. EA evaluates a
project's potential environmental risks and impacts in its area of influence;
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examines project alternatives; identifies ways of improving project selection, siting,
planning, design, and implementation by preventing, minimizing, mitigating, or
compensating for adverse environmental impacts and enhancing positive impacts;
and includes the process of mitigating and managing adverse environmental
impacts throughout project implementation. PT SMI favors preventive measures
over mitigatory or compensatory measures, whenever feasible.
iii. EA takes into account the natural environment (air, water, and land); human health
and safety; social aspects (involuntary resettlement, indigenous peoples, and
physical cultural resources); and transboundary and global environmental aspects.
EA considers natural and social aspects in an integrated way. It also takes into
account the variations in project and country conditions; the findings of country
environmental studies; national environmental action plans; the country's overall
policy framework, national legislation, and institutional capabilities related to the
environment and social aspects; and obligations of the country, pertaining to project
activities, under relevant international environmental treaties and agreements.
iv. PT SMI does not finance project activities that would contravene such country
obligations, as identified during the EA. EA is initiated as early as possible in
project processing and is integrated closely with the economic, financial,
institutional, social, and technical analyses of a proposed project.
v. PT SMI undertakes environmental screening of each proposed project to determine
the appropriate extent and type of EA. PT SMI classifies the proposed project into
one of three categories, depending on the type, location, sensitivity, and scale of the
project and the nature and magnitude of its potential environmental impacts.
vi. Environment Categorization.
PT SMI uses a classification system to reflect the significance of a project’s
potential environmental impacts. A project’s category is determined by the category
of its most environmentally sensitive component, including direct, indirect,
cumulative, and induced impacts in the project’s area of influence. Each proposed
project is scrutinized as to its type, location, scale, and sensitivity and the
magnitude of its potential environmental impacts. Projects are assigned to one of
the following four categories:
(a) Category A.
A proposed project is classified as category A if it is likely to have significant
adverse environmental impacts that are irreversible, diverse, or
unprecedented. These impacts may affect an area larger than the sites or
facilities subject to physical works. An environmental impact assessment is
required.
(b) Category B.
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A proposed project is classified as category B if its potential adverse
environmental impacts are less adverse than those of category A rojects.
These impacts are site-specific, few if any of them are irreversible, and in
most cases mitigation measures can be designed more readily than for
category A projects. An initial environmental examination is required.
(c) Category C.
A proposed project is classified as category C if it is likely to have minimal
or no adverse environmental impacts. No environmental assessment is
required although environmental implications need to be reviewed.
vii. The project must have permits as stipulated by the regulations of the Republic of
Indonesia prior to the project execution and hand over regular reports to the
relevant authorities. It is also a must to extend the validity period if any of the
permits is expired.
viii. If the project is approved to operate, but it requires specific permits in accordance
with the regulations, the project shall obtain such permits.
ix. If the due diligence or monitoring process conducted by either the Environmental
and Social Safeguard Specialists or Pool of Experts is recommended to obtain
certain permits, the project shall obtain such permits.
x. If the project does not have the permits relating to the Environmental Permit and
Location Permit, the project is not appropriate to be financed by the Company
through multilateral fund and cooperation.
xi. Other than that , the project will be asked to consider the following matters , as part
of the Environmental and Social Compliance Rules:
• Organization Capacity and Competency
• Trainings
• Emergency situations Response and Preparadness
• Community Engagement
• Monitoring , reviewing , and reporting
2. LABOR AND WORKING CONDITIONS
This second element emphasizes the efforts of economic growth through fair employment
and income as the fundamental rights of workers. For all projects, the workforce is a
valuable asset and a good relationship between workers and management is one of the
keys to the Company’s progress and productivity. The failure to maintain good relations
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between workers and management can reduce the worker commitment and retention
which in turn can jeopardize the project. By having the constructive management and
worker relationship as well as by treating the workers fairly and providing safe and
healthy working conditions, the project can win benefits such as operational productivity
and efficiency.
OBJECTIVES
a) To create, improve, and maintain relationships between the management and
workers
b) To encourage the fair treatment without discrimination and equal opportunities
for workers and efforts to comply with Employment Act
c) To protect workers by preventing children labor and forced labor
d) To encourage the safe and healthy working conditions as well as to protect and
promote the worker health
SCOPE OF APPLICATION
This second element is one of the requirements stipulated by the Company in performing
the Environmental and Social assessment as a part of mitigating environmental and social
risks, both conducted when the project starts its construction, and during the project
operation. This implementation is as a compliance with Employment Act.
It is the obligation of the project management to treat workers fairly, either they
arePermanent Employees, Contract Employees or Outsourcing Employees. The
management should pay attention to the wage and minimum wage regulations set by the
government.
STIPULATION
i. Human Resource Policies
The project should adopt human resources policies in accordance with the
regulations by applying a humanist approach to well manage workers in line with
appropriate rights and obligations, including the rights to receive remuneration
and compensation in accordance with the applicable regulations.
ii. Working Conditions and Terms of Employment
The project is required to provide good working conditions in accordance with
the regulations both in terms of administration and rules of employment such as
working hours, overtime, permission to leave office because of illness, childbirth
as well as the protections, namely social insurance and health insurance.
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The project should provide a safe, healthy and secure work environment for
workers by considering the risks in certain sectors, including the hazards of
physics, chemistry, biology, and radiology. The project management should take
measures for the prevention of occupational accidents and diseases.
iii. Worker Organization
The project management is not allowed to prohibit the workers to join any
organizations and workers are entitled to voice their opinions in accordance with
the Act of freedom to join any association and to express their opinions in public;
however, workers must also comply with the limitations set forth in the
applicable regulations in the freedom to join any association and voice opinions
in public.
iv. Non-Discrimination and Fair Opportunity
The project may not make any employment decisions based on characteristics
beyond the inherent occupational requirements. The project management should
establish equal opportunity and justice according to the regulations of the
Republic of Indonesia in treating workers without discriminating to gender,
ethnic groups, religion, political views including in the hiring process,
compensation (salaries and allowance), working conditions and type of
employment, training, promotion, termination or pension and disciplinary actions.
v. Termination of Employment
The project management should develop a plan to mitigate the adverse impact of
termination on workers. Should due to any certain reason, the employment
termination has to be done, it should be executed in accordance with applicable
regulations and consulted with local employment agencies.
vi. Child Labor and Forced Labor
The project should not employ children in for economic interests or that may
harm or interfere with the education of these children or do violence to their
health or physical, mental, spiritual, moral, or social developments. All workers
must be at least 18 years old. The project may not employ forced labors or
someone under threat of coercion or punishment.
vii. Gender
The Gender Action Plan is to be implemented and monitored in the company
activities and draw down to project level in each stage. Indicators should be
applied in order to monitor the implementation process. To assure gender equity
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with indicators on mitigation and adaptation, are needed to be built for
monitoring process. It is necessary to underline that by including gender
sensitivity in its mandate and by taking steps to adopt a gender framework and
action plan from the onset of its activities, the projects will be viewed as adding
considerable value to climate change initiatives. More detail on gender policy is
described in Company Procedure.
3. POLLUTION PREVENTION AND ABATEMENT
The third element stresses the pollution prevention and reduction in industrial and project
activities, namely water, soil and air pollution including greenhouse gas emission that
may threaten people and the environment. This element underlines the eco-friendly
approach by integrating methods or technologies as far as their uses are technically and
financially feasible and effective in costs in the condition that the project relies on the
commercially available expertise and resources.
OBJECTIVES
a) To prevent or minimize negative impacts on human health and the environment
quality by avoiding or minimizing pollution from project activities
b) To encourage the reduction of greenhouse gas emissions that contribute to global
warming phenomenon.
SCOPE OF APPLICATION
The application of this element is performed in the Environmental and Social Assessment
before the project takes place and during periodic assessments. Ifany finding occurs, an
immediate improvement recommendationshould be made as an effort to fix the problem
and it should be managed underthe project Environmental and Social Management
System.
STIPULATION
i. General requirements
During the project design, construction, operation, and commissioning, the project
managementshould consider ambient conditions and apply both technically and
operationally prevention and control of pollution that is most appropriate to avoid or
if it is impossible to avoid, the effort to minimize or mitigate negative impacts on
human health and the environment should be carried out as long as it is technically
and financially feasible as well as cost-effective.
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ii.Pollution Prevention and Reduction
The project should avoid the release of contaminants or pollutants into soil, water and
air. If it is unavoidable, the project should minimize or control the intensity or the
amount of released pollutants. Risk assessments need to be carried out in routine and
non-routine activities, or in any activities having the potential negative impact on
people and the environment by performing the measurably internal steps in
operational activities in line with the principles of environmentally friendly
operations.
iii. Waste
Wherever possible, the project should minimize the Hazardous and Toxic
Substances and non-hazardous and toxicby using 1/ Reduce Method or reducing the
waste production, 2/ Recycle Method or recycling the waste and 3/ Reuse Method or
reusing the waste for a beneficial process. If these are impossible to do, the project
should process, destroy, and store up hazardous and toxic in such ways that are
environmentally friendly and in accordance with the regulations. If the generated
waste also includes hazardous and toxic, the project should process, utilize or dumpit,
according to the regulations of the Ministry of Environment and Forestry. If the waste
disposal is done by third party, the project should use a reputable contractor and
approved by the competent authority.
iv. Hazardous and ToxicMaterials
The project should do prevention, but if this is impossible to do, the project should
minimize the use or control the release of hazardous and toxic materials coming from
the production, transportation, handling, storage, and application for project activities.
The project should avoid the manufacture, trade and use of chemicals and hazardous
and toxic which is not allowed by the government or agreed to be reduced by the
government because of the high toxicity to living organisms, environmental
resistance, or depletion potential of ozone layer.
v. Pesticides Use and Management
In assisting the projects to manage pests that affect either agriculture or public health,
PT SMI supports a strategy that promotes the use of biological or environmental
control methods and reduces reliance on synthetic chemical pesticides. In PT SMI-
financed projects, the project addresses pest management issues in the context of the
project's environmental assessment.
In appraising a project that will involve pest management, PT SMI assesses the
capacity of the country's regulatory framework and institutions to promote and
support safe, effective, and environmentally sound pest management. As
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necessary, PT SMI and the project incorporate in the project components to
strengthen such capacity.
PT SMI requires that any pesticides it finances be manufactured, packaged,
labeled, handled, stored, disposed of, and applied according to standards
acceptable to PT SMI. PT SMI does not finance formulated products that fall in
WHO classes IA and IB, or formulations of products in Class II, if (a) the country
lacks restrictions on their distribution and use; or (b) they are likely to be used by,
or be accessible to, lay personnel, farmers, or others without training, equipment,
and facilities to handle, store, and apply these products properly.
vi. Ambient conditions
To overcome the adverse impact of the project on the ambient conditions, the project
should record Environmental Baseline Studyand compare the measurements of
ambient conditions on a regular basis. If there is any detected significant increase, the
project should find the causes and create any necessary action plans. To minimize or
reduce the release of pollutants is one of the recommended ways in maintaining the
ambient conditions and this is also as a means of reducing the risk of potential
changes in ambient conditions.
vii. Greenhouse Gas Emission
The project should encourage the reduction of greenhouse gas emission (GHG)
coming from the project activities. The project should apply greenhouse gas
mitigation actions and estimates potential GHG emission in different project cycles
from pre-construction, construction and post construction as well as operational
phase. GHG calculation and monitoring should be held each year referring to the
methodology set by the government. The emission reduction includes, but not limited
to, energy efficiency, use of renewable energy sources, design change process, and
the adoption of other financial and technical feasible GHG mitigation measures.
4. SAFETY, HEALTH AND SECURITY
This fourth element emphasizes not onlyonthe project activies and infrastructure
development that bring benefit to the community in economic development, but also the
minimalization of the project potential risk exposure and impact on society arising from
workplace accidents due to equipment failure, structure failure, hazardous and toxic and
hazardous and toxic waste spreading as well as security issues. This element is used as the
project obligation to prevent or minimize the risks and impacts on safety, health and security
arising from the project activities.
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OBJECTIVES
To prevent or minimize the risks and impacts on health, safety and security of workers
and surrounding community both in routine and non-routine activities.
To ensure protection of personnel and property is done properly so as to prevent or
minimize risks to the community’s safety and security.
SCOPE OF APPLICATION
The application of this element is done as part of the Social and Environmental Assessment
process. The project’s Environmental and Occupational Health and Safety Management
System includes procedures for the protection of environment, health and work safety to
avoid impacts on human health and project safety to anticipate security problems.
STIPULATION
Work Health and Safety
The project should evaluate the risks and the impact on the safety and health of workers
and the affected community during the design, construction, operation, and commissioning
of the project and develop preventive measures to overcome it in accordance with the
identified risks and impacts. Such measures can support the prevention of risks and
impacts through the hazard minimization and reduction.
Infrastructure and Equipment Safety
The structural elements or components of the project’s design, construction, operation and
commissioning should be in accordance with the applicable regulations and should
consider the potential risk to the hazards, especially if the structural elements are
accessible by the public or if the structural failures during the construction and
operational periods can cause people’s injury. Structural elements must be designed and
constructed by qualified and experienced professionals, and certified or approved by the
government agencies or in other words, by competent professionals. For the project that
operates moving equipment on public roads and other infrastructure forms, the project
management should seek to prevent incidents and accidents.
Environmental and Natural ResourcesIssues
The project should avoid or minimize the potential for natural disasters such as landslides
or floods that may occur due to changes in land use related to the project activities. The
project should also prevent or minimize negative impacts due to project activities related to
soil, water and other natural resources that are used by the surrounding community.
Adaptation on Climate Change Impact
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The project should promote different measures related to adaptation on climate change
impacts. Those measures aim at minimizing climate change impacts to communities and at
reducing vulnerabilities as well as increasing resilience of communities to face different
climate change related risks in different sectors.
Disease Exposure to Community
The projet should avoid or minimize the potential exposure to diseases caused by the
project activities. If the diseases in the affected community have endemic nature, the
project should monitor and encourage opportunities to improve the healthy environment
condition during the project activies so as to reduce the amount of exposure.
Emergency Response and Preparedness
The project should assess the potential risk and impact of the project activities and inform
the surrounding community aboutthe significant hazards in ways that are appropriate with
the local culture. The project can cooperate with the community leaders and local
government in the preparation of emergency response so that the emergency treatment can
be done effectively. The project should document the activies of emergency response
preparedness, tools and equipment, emergency response team and persons in charge in
emergency condition as well as convey pertinent information about other relevant action
plans or documents to the workers, surrounding community and local government
agencies.
Security Personnel
The project should hire employees or contractors for the provision of security personnel
for the workers and property. The project should also assess the risks within and outside
the project site proposed by the security company. In drawing up such arrangements, the
project is directed by the principles set out by the police of the Republic of Indonesia in
terms of recruitment, training and implementation of security patterns. The management
should not order the security officers to take any repressive action. Security Force is used
for prevention and security in accordance with the police regulatons appropriate with the
nature and scope of project security threats.
Dam Safety
When PT SMI finances a project that includes the construction of a new dam, it requires
that the dam be designed and its construction supervised by experienced and competent
professionals; (i) For dams construction larger than 15 meter in height, the project shall
appointed panel of expert consist of 3 or more, (ii) For dams less than 15 meters in height,
it should be design by competent experts.
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5. LAND ACQUISITION AND RESETTLEMENT
Population relocation includes physical displacement and economic displacement (loss of
assets or access that results in loss of income sources or livelihood activities) as a result of
land acquisition for the project. The population relocation becomes involuntary if the
affected individuals or communities do not have the right to refuse the land acquisition
and this will lead to the forced relocation.
Involuntary resettlementmay result in difficult conditions and long-term poverty on the
affected people and communities as well as environmental damage and social pressure on
their new area if this issue is not managed cautiously. The involuntary resettlement should
be avoided or at least minimized. If this is unavoidable, the steps must be mitigated to
reduce the negative impact on the relocated people. The steps should be planned and
implemented with caution.
This applies to all components of the project that result in involuntary resettlement,
regardless of the source of financing. It also applies to other activities resulting in
involuntary resettlement, that in the judgment of the PT SMI, are:
(a) directly and significantly related to the PT SMI-assisted project,
(b) necessary to achieve its objectives as set forth in the project documents; and
(c) carried out, or planned to be carried out, contemporaneously with the project.
OBJECTIVES
To avoid the negative impact or at least minimize the risk of involuntary resettlement.
To mitigate the social and economic impacts of harmful land acquisition on the
affected people due to the land use by: (i) providing compensation for loss of assets at
replacement cost; and (ii) ensuring the resettlement activities are carried out properly
by conducting information disclosure, consultation and participation to those affected.
To improve or at least restore the livelihoods and standards of living of relocated
people.
SCOPE OF APPLICATION
The application of this element is carried out in the process of environmental and social
assessment to meet the provisions of Environmental and Social Management System
stipulated in the National Regulations relating to land acquisition that adverse affects the
economic, social, or environmental aspects of project activities. Land acquisition creates
loss of access to assets or resources or restrictions on land use; thus, those impacts should
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be avoided, minimized, mitigated, or compensated through a fair process in accordance
with a mutual benefit principle.
This element does not apply for voluntary resettlement based on a profitable land
transaction.
STIPULATION
Project Design
The project should consider alternative technically and financially feasible project designs
to avoid or at least minimize the physical or economic displacement by force.
Compensation and Benefits for People Relocated by Force
If the forced displacement is unavoidable, the project should offer to the people or
communities who are forcibly relocated the land restitution and compensation for loss of
assets at land and building replacement cost, removal cost assistance and other assistance
to help them improved or at least restore their life dignity and livelihood.
Consultation
The project management should facilitate the grievance mechanism and open the
opportunity to participate in the project for the affected people due to the land acquisition.
This also requires the involvement of the local government in the decision-making
processes related to the resettlement including the monitoring and evaluation of restitution
and other compensation payment.
In relation to the resettlement and livelihood restoration processes, the project will apply a
decision-making process that includes options and alternatives, where applicable. Project
disclosure will continue during the implementation, monitoring, and evaluation of
compensation payment, livelihood restoration activities and resettlement to achieve
outcomes that are consistent with the objectives of this guideline.
Grievance Mechanism
The project should establish a mechanism of meetings to accommodate grievance and
discuss specific issues about compensation and relocation arising from forcibly displaced
people or members of the local community, including settlement mechanism to solve
problems.
Resettlement Planning and Implementation
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If involuntary resettlement is unavoidable, the project should conduct a census with
Environmental Baseline Study to identify those who should be relocated, to determine
those entitled to receive compensation and those who are not. The local government must
be included as a part of the land acquisition committee. Those relocated by force can be
classified as persons: (i) having formal legal rights to the occupied land; (ii) having no
formal legal rights, but claiming the land, but approved or can be approved by the State
Act or (iii) having no legal right or claim to the occupied land. In the absence of host
government procedures, the project will establish a cut-off date for eligibility.
Information regarding the cut-off date will be well documented and disseminated
throughout the project area.
Livelihood Restoration Planning and Implementation
Where affected persons do not accept the compensations offers that meet the requirement
of this guideline, and thus, expropriation or other legal procedures are initiated, the
project will explore opportunities to collaborate with the responsible governmental
agency and when permitted, will play active role in the resettlement planning,
implementation and monitoring.
Resettlement Action Plan and/or Livelihood Restoration Plan implementation is
completed when the adverse impacts of the resettlement have been addressed and
consistent with the relevant plan as well as the objectives of this guideline. The project
will document all transactions to acquire land rights, as well as compensation measures
and relocation activities. The project will also establish procedures to monitor and
evaluate the implementation of resettlement plans and take corrective action as necessary.
A resettlement will be considered complete when the adverse impacts of resettlement
have been addressed in a manner that is consistent with the objectives stated in the
resettlement plan or framework as well as the objectives of this guideline. The evaluation
will include, at a minimum, the following:
• Review of the totality of mitigation measures implemented by the project;
• Comparison of implementation outcomes against agreed objectives; and
• Conclusion as to whether the monitoring process can be concluded.
Physical Movement
If people living in the project area must be relocated to another location, the Project
should: (i) offer a choice among possible options to those relocated, including appropriate
residence substitution or suitable compensation (ii) provide relocation assistance
appropriate to the needs of each relocated group of people with special attention to the
needy ones.
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If indigenous peoples must be relocated physically from their indigenous land, the project
must comply with the provisions described in Elements of indigenous peoples and local
communities.
Economic Transfer
If the land acquisition for the project causes loss of income or livelihood, the project
should meet the following provisions:
- To provide economic compensation to those relocated over the loss of assets or
access to assets at a full replacement cost.
- If the land acquisition affects commercial structures, the compensation should be
given to the business owners over the cost of rebuilding commercial activities in other
place andcost of equipment removal, factory re-installation, machinery, or other
equipment.
- To provide land compensation by reference to the Land & Building Tax Imposition
Base (NJOP) or bigger or full replacement cost wherever possible to the people
entitled for the land by showing the legality proof of land which is approved or can be
approved by the National Law.
- To give economic compensation to the relocated people who do not have legal claim
to the land, such as agriculture, infrastructure and irrigation at a full replacement cost
according to the applicable national regulations.
- To provide additional assistance such as training or employment opportunities as well
as opportunities to improve or restore the ability to obtain a proper livelihood.
Vulnerable People and Gender Considerations
The project will be asked to pay particular attention to ensure that vulnerable people and
women are the recipients of compensation pertaining to and reflecting their full activities.
The project will ensure that women who are de-facto household heads are clearly listed as
beneficiaries of compensation and rehabilitation proceedings. In order to ensure the above
the following actions will be considered:
(i) impact assessment will disaggregate the Affected Pepople’s gender-wise (or by
vulnerable people if appropriate) and will clearly indicate the number of affected
women-headed households (or vulnerable people) and their pre-project
socioeconomic status;
(ii) women and vulnerable people will be encouraged to actively participate in all land
acquisition resettlement-related consultations and negotiations, to be facilitated by
womens’groups;
(iii) when required, special mitigation actions/measures for vulnerable people/ women
will be prepared and included in the resettlement plan;
(iv) all compensation due to woman-headed families will be given to only the women
family head, and;
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(v) resettlement plan monitoring and evaluation will pay special attention on the
impact of resettlement on women and other vulnerable people
6. BIODIVERSITY CONSERVATION AND NATURAL RESOURCES
MANAGEMENT
The protection and conservation of biodiversity, the variety of life in various forms,
including genetic, species and ecosystem diversity are critical to sustainable development.
Biodiversity components comprise of ecosystems and habitats, species and communities.
This element stresses on how the project can avoid or mitigate threats to biodiversity that
may arise from project operations as well as how to manage the natural resources that
aims to conserve biodiversity and to encourage the planned and directed use of natural
resources in a sustainable manner.
PT SMI will not finance projects that cause and involve the significant conversion or
degradation of critical natural habitats.
OBJECTIVES
To protect and conserve biodiversity.
To encourage sustainable development and natural resources utilization by applying
integrated conservation.
SCOPE OF APPLICATION
The application of this element is performed in the process of environmental and social
assessment to meet the provisions of Environmental and Social Management System
stipulated in State Regulations relating to biodiversity and natural resources conservation.
STIPULATION
Habitat
Habitat destruction constitutes the main threat to biodiversity. Habitat can be divided into
1/ natural habitat, namely land and water as the biological communities composed by
indigenous plant and animal environment without human interference and 2/modification
habitat, namely habitat having the transformation with the presence of non-indigenous
plant and animal species. Both types of habitat can support diversity at all levels,
including endemic or threatened species.
Critical Habitat
Critical habitat is a part of natural and modification habitat which requires special
attention. The critical habitat covers areas with high value of biodiversity including the
necessary habitat for the survival of endangered species and which gives impact on social,
economic, or cultural aspects of the local communities.
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In the area of critical habitat, the project should implement project activities considering:
- There is no measurable adverse impact on the ability of critical habitat to support
the species population.
- There is no decline in the population of endangered species.
- The impact has been mitigated.
Area Protected by Law
If the project is located in an area protected by law, the project management should meet
the following provisions:
- To act consistently related to the protected area management plan.
- To facilitate a forum for communication and consultation between stakeholders
and the community in the area.
- To implement additional programs to promote and achieve the objectives of
protected conservation area.
- Not to deliberately introduce newly non-indigenous species in the project area,
unless it gets permission from the authorities.
Natural Forest and Protected Forest
If the project is located in the area of natural forest or protected forest, the project must
obtain permits from the authorities and the project should not cause any conversion or
degradation of critical habitat. Additionally, the project must ensure that all natural and
protected forest ecosystems are not spoiled, except in the already permitted space.
Use of Surface Water and Groundwater
The project that requires the use of surface water and ground water should assess the
environmental and social issues and mitigate the risks that may arise. All use of surface
water and groundwater requires permission from the authorities before using.
7. INDIGENOUS PEOPLES AND LOCAL COMMUNITIES
Indigenous peoples and local communities are the social groups with identities that may
be different from the dominant groups in societies. Their economic, social and legal status
is limited to defending their interests and rights on land, natural resources and culture.
They also have the limitations to participate in and get benefit from development. They
are vulnerable, especially if their land and resources are used by outsiders and degraded
significantly. The language, culture, and natural resources as the main pillar of their
livelihood can be threatened and exposed to changes by the outer community.
The project can open opportunities for the indigenous peoples and local communities to
participate and get benefits from the project activities so as to help meet their aspirations
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for economic and social development. They can also play a role in sustainable
development by promoting and managing activities and business as co-development.
In projects with adverse impacts on affected communities of Indigenous Peoples, the
consultation process will ensure their Free, Prior, and Informed Consent (FPIC) and
facilitate their informed participation on matters that affect them directly, such as
proposed mitigation measures, the sharing of development benefits and opportunities, and
implementation issues.
FPIC applies to project design, implementation, and expected outcomes related to impacts
the communities of Indigenous Peoples. When any of these circumstances apply, the
client will engage external experts to assist in the identification of the project risks and
impacts. To achieve FPIC, unanimity is not necessarily required. FPIC can also be
achieved when individuals or groups within community explicitly disagree. The following
should be documented: (i) mutually accepted process between the project and Affected
Communities; and (ii) agreement evidence between parties as the outcome for the
negotiations
OBJECTIVES
To protect and assist indigenous peoples and local communities from the
development effects which are not in accordance with their educational, social and
cultural levels.
To encourage indigenous and local communities as co-development and get social
and economic benefit from the project.
SCOPE OF APPLICATION
The application of this element is performed in the process of environmental and social
assessment to meet the provisions of Environmental and Social Management System
stipulated in State Regulations relating to the indigenous peoples and local communities.
There is no standard definition of indigenous peoples. Indigenous peoples and local
communities can have different terms in various areas. The term of "indigenous peoples"
is used generally to refer to different social and culturalgroups with below characteristics:
Self-identification as a part of different cultural groups and the appointment of
this identity on others.
As a part of geographically diverse communities or ancestor territories in the
project area and natural resources in the area.
Cultural, economic, and social institution which is traditionally separated from
dominant society or culture.
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Different languages, often different from the official language of the country or
area.
Communities that have historically inhabited certain areas.
STIPULATION
Prevention of Adverse Impacts
Through the Social and Environmental Assessment process, the project shouldidentify all
indigenous peoples and local communities who may be affected within the project area,
as well as the nature and level of estimated social, cultural and environmental impact on
them and prevent negative impacts as best as possible.
If the prevention seems impossible, the project management should minimize, mitigate, or
compensate for these impacts in accordance with existing local culture wisdom.
Information, Consultation and Participation Notification
The project should build an ongoing relationship with the affected indigenous peoples or
local communities as early as possible during the project planning and operation. The
community engagement process must be in accordance with the culture as well as the
potential risks and impacts on indigenous peoples. The process includes the following
steps:
- To include the representative body of indigenous peoples, namely associations of
village elder, village groups, chief tain and village leaders.
- To provide necessary time for indigenous peoples to conduct the Consensus and
Democracy process in decision-making.
- To facilitate indigenous peoples to express their views in their own culture and
language, without any interference, coercion or intimidation.
Impact on the Used Traditional Land or Indigenous Land
Indigenous peoples and/or local communities are often associated with traditional or
indigenous land. Whenthe land is not legally owned based on the State Law, the land use
which includes the seasonal-basis use by indigenous communities for their lives or for
cultural, ceremonial or spiritual purposes by showing their identity and communities, can
be justified as a proof and documentation of the land.
If the project is located in an area where there are natural resources therein, the project
management should appreciate the use of traditional or indigenous land by indigenous
peoples and local communities, by performing below steps:
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- To make efforts to avoid or at least minimize the size of land proposed for the
project.
- To define the use of indigenous lands by involving the government and the
village leaders of the affected indigenous peoples.
- To inform the rights to land under the State Law to the affected indigenous
peoples and local communities, including the State Law that acknowledges the
right or use of indigenous land.
- To offer at least compensation in the form of land replacement or additional
benefits to the affected indigenous peoples and local communities, if possible.
Relocation of Indigenous Peoples from Traditional Landor Ancestor Land
The project should consider the feasibly alternative project designs to avoid the relocation
of indigenous peoples from their traditional or indigenous land. If the relocation is
unavoidable, the project may be carried out after obtaining permission from village
leaders.
8. CULTURAL HERITAGE
Culture is passed down for present and future generations. To be in consistent with the
Act on Cultural Preserve which aims to preserve the national cultural heritage, the
Company emphasizes social responsibility in its projects and business operations by
protecting the cultural heritage.
OBJECTIVES
To protect cultural heritage from negative impacts of project activities and support its
preservation.
To encourage the project management’s responsibility in its business activities by
protecting the cultural heritage around the project area.
SCOPE OF APPLICATION
The application of this element is performed in the process of environmental and social
assessment to meet the provisions of Environmental and Social Management System
stipulated in State Regulations relating to the Cultural Preserve.
The cultural heritage refers to the measured forms, such as the property and location
having the archaeological (prehistoric), paleontological, historical, cultural, artistic, and
religious values, as well as part of a unique natural environment containing cultural
values, such as sacred forest. It also includes traditional lifestyles practiced by indigenous
peoples and local communities around the project.
STIPULATION
ESS GUIDELINE FOR
MULTILATERAL PROJECTS FUND
Published Date:
ENVIRONMENTAL AND SOCIAL
SAFEGUARD POLICIES CHAPTER - IV
ESS Guidelines for Multilateral Projects Fund Pg. 30/47
Protection of cultural site
If the location of the proposed project is estimated to havea cultural heritage site,
wherever possible, the project location should be moved to the technically and
financially appropriate place. If it is impossible, the project management should
implement the working procedures that will not harm and disturb the cultural site.
The assessment by competent experts or recommendation of the local government
should be obtained if there is still any doubt in doing these safeguards.
Regional Cultural Heritage
Most cultural heritage is best protected or preserved in its original location. The
project should not relocate or eliminate all forms of cultural heritage, unless there is
no other appropriate technical or financial alternative. This can be done after the
assessment of experts, consultation with cultural stakeholders of indigenous peoples
or local communities and local governments.
Critical Cultural Heritage
Critical cultural heritage consists of (i) cultural practices of indigenous people from
generation to generation (ii) legally protected cultural preserve.
The project should not significantly alter, damage, or remove various forms of
cultural heritage. The legally protected cultural heritage is an important part for the
protection and conservation of cultural heritage. If the project is built in an area
around the cultural heritage, additional measures are required, including the
permitsfrom the government, consultation with the indigenous peoples, also
protection measures based on recommendations from the competent experts and
implementation of additional appropriate programs to promote and achieve the
purpose of the protected area.
Commercial Use of Cultural Heritage
If the project uses the cultural resources, insight or practices of local communities
having the traditional lifestyles for commercial purposes, the project must inform the
communities about: (i) their legally protected rights; (ii) the proposed
commercialization scope and nature. The project should not process the
commercialization, unless (i) having a decentnegotiation with the affected local
communities. (ii) obtaining written approval from the indigenous peoples and local
government (iii) dividing the fair and equitable result from the commercialization of
insight, innovations, or practices of customs and cultural traditions.
ESS GUIDELINE FOR
MULTILATERAL PROJECTS FUND
Published Date:
ENVIRONMENTAL AND SOCIAL
SAFEGUARD POLICIES CHAPTER - IV
ESS Guidelines for Multilateral Projects Fund Pg. 31/47
9. ENERGY CONSERVATION AND ENVIRONMENT FRIENDLY ENERGY
Energy conservation is one of important elements in the environment and social
safeguards. Efficient energy use will generate physically and financially profits. The
Company also strongly encourages the use of green or environmentally friendly and
promotes new and renewable energy projects as part of environmental and social
responsibility. Environmentally friendly energy is an important aspect of sustainable
development and also one of the important issues in the campaign of climate change
and carbon reduction in accordance with the government regulations.
The project should have energy saving policies by conducting the environmental and
social assessment that can be done alone or through a competent third party as an effort
to increase efficiency and profits by doing overall saving in the project activities. If the
energy conservation is impossible in the project activities, the use of energy-saving
equipment and an effort to minimize the use of energy are important to be done as a
part of reducing emission coming from the project activities. Saving activity is an
important part of preventing or mitigating climate change.
OBJECTIVES
To support energy conservation as a saving effort in the resources use in order to
safeguard natural resources and encourage the planned and directed resources usein
a sustainable manner.
To encourage the sustainable development and energy use through an integrated
application of conservation having the development priorities.
To promote the development of environmentally-friendly green energy facilities
which areas an effort to increase new and renewable energy.
SCOPE OF APPLICATION
The application of this element is performed in the process of environmental and social
assessment to meet the provisions of Environmental and Social Management System
stipulated in State Regulations relating to energy conservation and environmentally-
friendly green as well as new and renewable energy.
STIPULATION
Energy Conservation
Energy conservation (saving) is the act of reducing the amount of energy usage or optimal
use of energy as needed so that the incurred energy costs can be lower. The energy saving
can be achieved by efficient energy use of which same benefits can be obtained by using
less energy, or by reducing the consumption and project activities that use energy. The
energy saving can lead to reduced costs as well as increase environmental and social
values.
Environment Friendly Energy
ESS GUIDELINE FOR
MULTILATERAL PROJECTS FUND
Published Date:
ENVIRONMENTAL AND SOCIAL
SAFEGUARD POLICIES CHAPTER - IV
ESS Guidelines for Multilateral Projects Fund Pg. 32/47
Energy saving also facilitates the replacement of non-renewable sources with renewable
ones. In facing the lack of energy, the energy saving is often the most economical way
and a more environment friendly way instead of increasing the energy production. In line
with the increasingly limited natural resources, energy crisis and the declining capacity of
the environmental support, the demand to develop an environment-friendly industry,
known as environment friendly green energy has become an important issue. In addition
to the policy efforts to address the increasingly serious energy shortage and the growth of
extremely high energy, the development of alternative new and renewable energy sources
which are environmentally friendly is also absolutely to be encouraged.
10. CONSULTATION AND GRIEVANCE MECHANISM
Consultation is a procedure of giving information to stakeholders of a project to (i) plan,
implement, and monitor steps to avoid negative impacts, or, if it is unavoidable, to
minimize, mitigate and compensate for such impacts; and (ii) inform the project benefits
to them in a way that is in accordance with the customs and culture of the community.
(iii) provide time-bound, understandable, easily accessible, relevant and adequate
information to the community; (iv) conduct all these in an atmosphere free from
intimidation or coercion; (v) to be inclusive and gender-sensitive and adjusted to the local
customs and traditions.
OBJECTIVES
To encourage the information transparency and encourage the participation of
community and other stakeholders as fair and profitable consulting efforts.
To encourage community participation in sustainable development in the affected
area.
As an effort to facilitate the culture of Consensus and Democracy in the project and
affected communities as a grievance mechanism.
SCOPE OF APPLICATION
The application of this element is performed in the process of environmental and social
assessment to meet the provisions of Environmental and Social Management System
stipulated in State Regulations relating to disclosure of information, Consensus and
Demography as well as the regulatios of freedom to express opinions.
STIPULATION
Consultation Mechanism
The project forms a consultation mechanism with local governments to respond the
grievance of the affected residents or local community. The consultation mechanism
should not hamper access to legal or administrative solution in an area. The affected
residents or local community will be given proper information about the mechanicsm. If
affected residents or local community have differences of opinion and disagreements
ESS GUIDELINE FOR
MULTILATERAL PROJECTS FUND
Published Date:
ENVIRONMENTAL AND SOCIAL
SAFEGUARD POLICIES CHAPTER - IV
ESS Guidelines for Multilateral Projects Fund Pg. 33/47
about the project, the project management should well negotiate to resolve differences
and disagreements through consultation efforts which could be established and facilitated
by the local government.
Grievance Mechanism
The project should establish a mechanism to receive and facilitate solutions for problems
andgrievance of affected residents or local communities. Grievance mechanism should
have a scale comparable to the impact of the project and may address problems and
grievance quickly by using an understandable and transparent process in line with the
culture and gender sensitivity, and can directly be reached by the affected residents or
local communities without any cost. The mechanism should not hamper the access to
judicial or administrative solution in an area. The affected local residents or communities
will be given information about the proper mechanism.
Disclosure of Information
The project will provide relevant information, including information from the project
social and environmental management documents in accordance with regulations that
apply to the determined places. If the affected local residents or communities and other
stakeholders do not have the literacy ability, other proper communication methods can be
used.
Monitoring and Reporting
The project should compile periodic monitoring reports on environmental and social
management in accordance with applicable regulations as well as submit the compliance
issues and corrective actions in a transparent manner.
CHAPTER VII – CLOSING
ESS GUIDELINE FOR
MULTILATERAL PROJECTS FUND
Published Date:
CLOSING CHAPTER - V
ESS Guidelines for Multilateral Projects Fund Pg. 34/47
This guidance will be effective from the established date of the Regulations of the Board of
Directors. The points that have not been regulated in this guidance will be further described in
the executing/technical manual.
At the time of this guideline applies, the provisions that are contrary to the provisions of this
guideline are no longer valid.
Proposed By
Farida Zaituni
Risk Management Division
Approved by
Muhammad Oriza
Head of Risk Management Division
ESS GUIDELINES FOR
MULTILATERAL PROJECTS FUND
Published Date:
APPENDIX I – LIST OF THE REPUBLIC
OF INDONESIA REGULATIONS
RELATED TO ENVIRONMENTAL,
SOCIAL, OCCUPATIONAL HEALTH &
SAFETY ISSUES
CHAPTER - VI
ESS Guidelines for Multilateral Projects Fund Pg. 35/47
APPENDIX I – LIST OF THE REPUBLIC OF INDONESIA REGULATIONS RELATED TO ENVIRONMENTAL, SOCIAL,
OCCUPATIONAL HEALTH & SAFETY ISSUES
List of Regulations - Valid for all sectors
1. Act of the Republic of Indonesia No. 32 Year 2009 on the Environmental Protection and
Management.
2. Act of the Republic of Indonesia No. 1 Year 1970 on Occupational Safety.
3. Act of the Republic of Indonesia No. 13 Year 2003 on Labour.
4. Act of the Republic of Indonesia No. 41 Year 1999 on Forestry.
5. Actof the Republic of Indonesia No. 2 Year 2012 on Land Procurement for Public Interest
Development.
6. Government Regulation No. 27 Year 2012 on Environmental Permit.
7. Government Regulation No. 82 Year 2001 on Water Management and Water Pollution
Control.
8. Government Regulation No. 41 Year 1999 on Air Pollution Control.
9. Government Regulation No. 74 Year 2001 on Hazardous and Toxic Substances
Management.
10. Government Regulation No. 85 Year 1999 on Amendment of Government Regulation No. 18
Year 1999 on the management of Hazardous and Toxic waste.
11. Regulation of the Minister of Environment No. 05 Year 2012 on Types of Business Plan
and/or Activities Obligatory to Have Environmental Impact Assessment (EIA).
12. Regulation of the Minister of Environment Number 16 Year 2012 on Guidelines for
Environmental Document Preparation.
13. Regulation of the Minister of Environment Number 17 Year 2012 on Guidelines for
Community Involvement in the Process of Environmental Impact Assessment and
Environmental Permit.
14. Decree of the Minister of Environment No. 112 Year 2003 on Domestic Wastewater Quality
Standard.
15. Decree of the Minister of Environment No. KEP-48/MENLH/11/1996 on Noise Level
Standard.
16. Decree of the Minister of Environment No. KEP-49/MENLH/11/1996 on Vibration Level
Standard.
17. Decree of the Minister of Environment No. KEP-50/MENLH/11/1996 on Odor Level
Standard.
ESS GUIDELINES FOR
MULTILATERAL PROJECTS FUND
Published Date:
APPENDIX I – LIST OF THE REPUBLIC
OF INDONESIA REGULATIONS
RELATED TO ENVIRONMENTAL,
SOCIAL, OCCUPATIONAL HEALTH &
SAFETY ISSUES
CHAPTER - VI
ESS Guidelines for Multilateral Projects Fund Pg. 36/47
List of Regulations - Valid for all sectors
18. Regulation of the Minister of Environment No. 18 Year 2009 on Licensing Procedures for
Hazardous and Toxic Waste Management.
19. Decree of the Minister of Environment No. 45 Year 2005 on Guidelines for Preparation of
Implementation Reports of Environmental Management Plan (RKL) and Environmental
Monitoring Plan (RPL).
20. Regulation of the Minister of Manpower No. 2 Year 1992 on the Procedure for Appointment,
Duties and Authority of Occupational Safety and Health Expert.
21. Regulation of the Minister of Manpower No. 3 Year 1998 on Procedures for Accident
Reporting and Investigation.
22. Regulation of the Minister of Manpower No. 75 Year 2002 on Implementation of the
Indonesia National ELEMENT (SNI) SNI No. 04-0225-2000 regarding the General
Requirements for Electrical Installations 2000 (PUIL 2000) in the Workplace.
23. Regulation of the Minister of Manpower and Transmigration No. PER.13/MEN/X/2011 on
the Threshold Limit Value of Physical and Chemical Factors in the Workplace.
24. Joint Decree of the Minister of Labour and Minister of Public Works Decree No. 174 Year
1986 No 104/KPTS/1986 on Occupational Safety and Health in Construction Activity Sites.
ESS GUIDELINES FOR
MULTILATERAL PROJECTS FUND
Published Date:
APPENDIX I – LIST OF THE REPUBLIC
OF INDONESIA REGULATIONS
RELATED TO ENVIRONMENTAL,
SOCIAL, OCCUPATIONAL HEALTH &
SAFETY ISSUES
CHAPTER - VI
ESS Guidelines for Multilateral Projects Fund Pg. 37/47
List of Regulations - Exclusively Valid for Electrical sector
1. Regulation of the Minister of Environment No. 08 Year 2009 on Wastewater Quality
Standard for Thermal Power Plant Businesses and/or Activities.
2. Regulation of the Minister of Environment No. 21 Year 2008 on Quality Standard for
Stationary Source Emissions for Thermal Power Plant Businesses and/or Activities.
List of Regulations - Exclusively valid for Oil and Gas sector
1. Regulation of the Minister of Environment No. 19 Year 2010 on Wastewater Quality
Standard for Oil and Gas and Geothermal Businesses and/or Activities.
2. Regulation of the Minister of Environment No. 13 of 2009 on Quality Standard for Stationary
Source Emissions for Oil and Gas and Geothermal Businesses and/or Activities.
3. Decree of the Minister of Environment No. 45 Year 2005 on Guidelines for Preparation of
Implementation Reports of Environmental Management Plan (RKL) and Environmental
Monitoring Plan (RPL).
4. Regulation of the Minister of Environment No. 13 Year 2007 on the Terms and Procedures
for the Management of Wastewater for Upstream Businesses and/or Activities of Oil and Gas
and Geothermal by Injection Way.
5. Decree of the Minister of Environment No. 51 Year 2004 on Sea Water Quality Standard.
6. Regulation of the Minister of Energy and Mineral Resources No. 20 Year 2008 on the
Compulsory Application of ELEMENTS of the Indonesia National Competence in the Oil
and Gas Business Sector.
List of Regulations - Exclusively valid for Geothermal sector
1. Act of Republic of Indonesia No. 21 Year 2014 on Geothermal.
List of Regulations - Exclusively valid for Transportation sector
1. Regulation of the Minister of Environment No. 05 Year 2009 on the Management of Waste
in the Port.
2. Decree of the Minister of Environment No. 51 Year 2004 on Sea Water Quality Standard.
List of Regulations–Exclusively valid for Drinking Water sector
1. Regulation of the Minister of Health No. 492/Menkes/PER/IV/2010 on Drinking Water
Quality Requirements.
ESS GUIDELINES FOR
MULTILATERAL PROJECTS FUND
Published Date:
APPENDIX I – LIST OF THE REPUBLIC
OF INDONESIA REGULATIONS
RELATED TO ENVIRONMENTAL,
SOCIAL, OCCUPATIONAL HEALTH &
SAFETY ISSUES
CHAPTER - VI
ESS Guidelines for Multilateral Projects Fund Pg. 38/47
List of Regulations - Exclusively valid for Road sector
Referring to the list of regulations for all sectors.
List of Regulations - Exclusively valid for Telecommunications sector
Referring to the list of regulations for all sectors.
List of Regulations - Exclusively valid for Irrigation sector
Referring to the list of regulations for all sectors.
List of Regulations - Exclusively valid for Waste Water sector
Referring to the list of regulations for all sectors.
ESS GUIDELINES FOR
MULTILATERAL PROJECTS FUND
Published Date:
APPENDIX II
ENVIRONMENTAL AND SOSCIAL DUE
DILIGENCE OUTLINE
CHAPTER - VI
ESS Guidelines for Multilateral Projects Fund Pg. 39/47
APPENDIX II - ENVIRONMENTAL AND SOSCIAL DUE DILIGENCE OUTLINE 1. Background
2. Objectives
3. Project Descriptions
4. Environmental and Social Licensing Status
5. Management of Environmental Issues:
a. Emission management
b. Water management
c. Hazardous and Toxic Substances management
d. Liquid Waste Management
e. Domestic Waste Management
f. Hazardous and Toxic Substances Waste management
g. Biodiversity Management
h. Energy Conservation Program
6. Potential Management of Natural Disasters:
a. Landslide
b. Flooding
c. Earthquake
d. Other Potential Natural Disasters
7. Health, Safety and SecurityManagement:
a. Occupational Health and Safety Policies and Procedures
b. Implementation of Health and Safety at Work
8. Social IssueManagement:
a. Consultation Program and Communication with the Community and Government
b. Handling and Grievance Mechanism
c. Indigenous Peoples/Local Communities Management
d. Cultural Heritage Management
e. Corporate Social Responsibility / Community Development Program
9. Employment Management:
a. Employment Handing
b. Work Environment Management
ESS GUIDELINES FOR
MULTILATERAL PROJECTS FUND
Published Date:
APPENDIX II
ENVIRONMENTAL AND SOSCIAL DUE
DILIGENCE OUTLINE
CHAPTER - VI
ESS Guidelines for Multilateral Projects Fund Pg. 40/47
10. Land AcquisitionManagement:
a. Land Acquisition Issue
b. Resettlement Issue
11. Conclusion of Social and Environmental SafeguardStatus
12. Corrective Action Plan
ESS GUIDELINES FOR
MULTILATERAL PROJECTS FUND
Published Date:
APPENDIX III
EXCLUSION LIST CHAPTER - VI
ESS Guidelines for Multilateral Projects Fund Pg. 41/47
APPENDIX III - EXCLUSION LIST
Below is the Exclusion List of 1/ Financing and Investment, 2/ Project Development and 3/
Consulting Service Provision:
a. The production or sale-and-purchase of any kinds of product or activities regarded illegal
under the State regulations or international conventions and agreements or items which are
internationally banned, such as illegal drugs, pesticides/herbicides, ozone-depleting
substances, polychlorinated biphenyls (PCBs), wildlife or products regulated under
Convention on International Trade in Endangered Species of Wild Fauna and Flora
(CITES).
b. The production or sale-and-purchase of arms and ammunition.
c. The production or sale-and-purchase of alcoholic beverages (excluding beer and wine).
d. The production or sale-and-purchase of tobacco.
e. Gambling, Casinos and similar companies.
f. The production or sale-and-purchase of radioactive materials. Excluding the production or
sale-and-purchase of medical devices, quality control (measurement) instrument and other
equipment in very small or proper quantities.
g. The production or sale-and-purchase of unbounded asbestos fibers. Excluding the purchase
or use of cement asbestos sheets bonded with asbestos concentrations of less than 20%.
h. Driftnet fishing in the marine environment which uses nets longer than 2.5 km.
i. Production or activities related to the exploitation and hazardous work by forced
workers/children workers.
j. The trading of deforestation result coming from tropical rainforest.
k. The production or sale-and-purchase of timber or other forest production apart from
sustainably managed forests.
l. Business activities related to pornography and prostitution.
m. The destruction of critical habitat.
n. Cross-border trade for the waste and its product, except it is in accordance with Bassel
Convention and applicable regulations.
o. The production and distribution of goods and media having the natures of racist, anti-
democratic and/or sentiments of certain groups.
p. The production and distribution of goods and media having the nature of religious
radicalism. Environmental and Social Assessment Checklist
ESS GUIDELINES FOR
MULTILATERAL PROJECTS FUND
Published Date:
APPENDIX IV
ENVIRONMENTAL AND SOCIAL
ASSESSMENT CHECKLIST
CHAPTER - VI
ESS Guidelines for Multilateral Projects Fund Pg. 42/47
ENVIRONMENTAL AND SOCIAL ASSESSMENT CHECKLIST
Name of Project/Counterpart :
Name of Local
Government/Counterpart
:
Project/Counterpart Description :
Project/Counterpart Location :
ENVIRONMENTAL ASSESSMENT CHECKLIST
PERMITS OF PROJECT
No. Permits Yes No N/A
Details
(Number, Date of
Issue, Validity Date
and Agency of Permit
Issuance)
1. EIA (AMDAL) / EMP (UKL – UPL / SPPL)
2. Location Permit
3. Hazardous and Toxic Waste Disposal Permit
4. Hazardous and Toxic Waste Temporary Storage Permit
5. Groundwater Use Permit
6. Other permits
ENVIRONMENTAL IMPACTS MITIGATION
No. Components Yes No N/A Details
1. Protected Forest Area
2. Water Catchment Area
3. Beach
4. River
5. Lake
ESS GUIDELINES FOR
MULTILATERAL PROJECTS FUND
Published Date:
APPENDIX IV
ENVIRONMENTAL AND SOCIAL
ASSESSMENT CHECKLIST
CHAPTER - VI
ESS Guidelines for Multilateral Projects Fund Pg. 43/47
ENVIRONMENTAL IMPACTS MITIGATION
6. Natural Habitats
7. Nature Reserve
8. Mangrove Forested Coastal Area
9. National Park
10. Private/Community/Indigenous Forest
11. Germplasm Protection Area
12. Coral Reefs
13. Others
SOCIAL ASSESSMENT CHECKLIST
Land Use, Land Acquisition – Ressetlement
No. Components Yes No N/A Details
1. Does the project involve acquisition of private land?
2. Does the project involve acquisition of Government land?
3. Number of household and public facilities to be displaced?
4. Number of people to be displaced?
5. Will project result in loss of access to current livelihoods?
6. Is the project likely to provide local employment opportunities, including employment opportunities for women?
7. Is the project being planned with sufficient attention to local poverty alleviation objectives?
8. Number of families under the poverty line to be benefitted?
9. Are there socio-cultural groups present in the project area (ethnic communities, minorities, or indigenous communities)?
10. Do such groups self-identify as being part of a distinct social and cultural group?
11. Do such groups maintain cultural, economic, social, and political institutions distinct from the dominant society and culture?
12. Do such groups speak a distinct language or dialect?
13. Have such groups been historically, socially and economically marginalized, disempowered, excluded, and/or discriminated against?
ESS GUIDELINES FOR
MULTILATERAL PROJECTS FUND
Published Date:
APPENDIX IV
ENVIRONMENTAL AND SOCIAL
ASSESSMENT CHECKLIST
CHAPTER - VI
ESS Guidelines for Multilateral Projects Fund Pg. 44/47
Land Use, Land Acquisition – Ressetlement
14. Will the project directly or indirectly benefit or target Indigenous Peoples?
15.
Will the project directly or indirectly affect Indigenous Peoples' traditional socio-cultural and belief practices? (E.g. child-rearing, health, education, arts, and governance)?
16.
Will the project affect the livelihood systems of Indigenous Peoples? (e.g., food production system, natural resource management, crafts and trade, employment status)?
17. Will the project be in an area (land or territory) occupied, owned, or used by Indigenous Peoples, and/or claimed as ancestral domain?
Water Supply
No. Process Description Yes No N/A Information
1. Water
Withdrawal
Have the potential adverse effects of
withdrawal of surface water on
downstream ecosystems been evaluated?
Has appropriate environmental flow
assessment been conducted to determine
acceptable withdrawal rates?
Does the raw water supply have a source
of pollution at the upstream like industries,
agriculture, and sewage and soil erosion?
Are adequate measures taken to treat
these?
Does the project pose a hazard of land
subsidence due to excessive ground water
pumping?
2. Water
Treatment
Does the treated water meet national
standards?
Have adequate measures been taken to
reduce the solid waste residual generated
through the treatment process?
Does the effluent from the treatment
process like filter backwash, reject streams
from membrane filtration processes, and
brine streams from ion exchange or
demineralization processes meet country
standards?
Are adequate measures taken to prevent
and control hazards during storage and use
of hazardous chemicals?
Is there emission generated from the
treatment process? Have measures been
taken to mitigate these impacts?
ESS GUIDELINES FOR
MULTILATERAL PROJECTS FUND
Published Date:
APPENDIX IV
ENVIRONMENTAL AND SOCIAL
ASSESSMENT CHECKLIST
CHAPTER - VI
ESS Guidelines for Multilateral Projects Fund Pg. 45/47
No. Process Description Yes No N/A Information
Is the water treatment facility located in
designated protected areas? Will the
project activities cause any damage to
these?
Is the water treatment facility located in a
densely populated area or an area with
heavy developmental activities?
3. Water
Distribution
Does the design of the distribution system
include checks and measures to minimize
leaks and loss of pressure?
Is the water used for flushing the water
pipes disposed in accordance to country
requirements?
4. Supporting
facilities
Arewater supply facilities completed with
adequate transmission lines?
Are the impairments associated with
transmission lines and access roads
adequately addressed?
Is the increase in water supply supported
by adequate sewerage network and sewage
treatment facility?
5. Health and
safety
Are adequate measures taken to prevent,
minimize and mitigate occupational health
and safety hazards to workers in projects?
Sewerage and Sanitation
No. Process Description Yes No N/A Information
1. On-site
systems
Are suitable facilities for
storage, handling and
treatment of faecal sludge
from septic systems provided?
2. Sewerage
system
Does the design of the
sewerage system meet country
standards?
Are adequate measures taken
to prevent and minimize leaks
from the sewerage system into
the ground?
3. Sewage
Treatment
Is the sewage adequately
treated before release into
aquatic systems? Do they
meet country standards?
Is the sludge generated from
the treatment plant disposed as
per country specifications?
Are adequate measures taken
ESS GUIDELINES FOR
MULTILATERAL PROJECTS FUND
Published Date:
APPENDIX IV
ENVIRONMENTAL AND SOCIAL
ASSESSMENT CHECKLIST
CHAPTER - VI
ESS Guidelines for Multilateral Projects Fund Pg. 46/47
No. Process Description Yes No N/A Information
to minimize odour from the
treatment facility?
Does the effluent from the
treatment facility meet country
and sponsors standards for
disposal into aquatic systems?
Are adequate measures taken
to prevent and control hazards
during storage and use of
hazardous chemicals?
Are adequate measures taken
to prevent overflows and
flooding of neighbouring
properties with raw sewage?
Is the water treatment facility
located in designated
protected areas? Will the
project activities cause any
damage to these?
Is the water treatment facility
located in a densely populated
area or an area with heavy
developmental activities?
4. Industrial
Waste Water
Is the wastewater adequately
treated before release into
sewerage system or aquatic
systems? Do the effluents
meet country standards?
5. Occupational
Health and
Safety
Are adequate measures taken
to prevent accidents and
injuries to workers while
working?
Are adequate measures taken
to prevent chemical hazards
during handling and storage of
hazardous chemicals?
Are protective equipment and
training provided to workers
against exposure to hazard?
Waste Management
No. Process Description Yes No N/A Information
1. Collection and
Transport
Are adequate Litter bins and refuse
collection services available to prevent
littering and clandestine dumping?
Are adequate measures taken to mitigate
air emission?
2. Waste Receipt, Are adequate measures taken to prevent
ESS GUIDELINES FOR
MULTILATERAL PROJECTS FUND
Published Date:
APPENDIX IV
ENVIRONMENTAL AND SOCIAL
ASSESSMENT CHECKLIST
CHAPTER - VI
ESS Guidelines for Multilateral Projects Fund Pg. 47/47
No. Process Description Yes No N/A Information
Unloading,
Processing and
Storage
migration of leachate into soil, surface
water and groundwater?
Are adequate measures taken to prevent,
minimize, and control waste from project?
3. Biological
Treatment
Are adequate measures taken to control
leachate and runoff from waste storage and
processing areas?
Are adequate measures taken to prevent
combustion of waste?
4. Landfilling
Is the landfill site located in accordance to
country specifications?
Are adequate measures taken for
collection, treatment and disposal of
leachate from landfill?
Is the quantity of leachate generated
regularly monitored?
Is a landfill gas collection system designed
and operated in accordance with applicable
national requirements standards?
Are adequate measures taken to prevent,
minimize, and control dispersal of litter?
Is adequate buffer zone maintained around
the landfill to alleviate nuisances?
5. MSW
Incineration
Facilities
Does project own/operate incinerator for
MSW? If yes, does it have valid permit?
Number of permit:
Date of issue:
Date of validity:
Agency of Permit
Issuance:
Do emissions from incinerators meet
country and standards?
Are ash and other residuals disposed in
accordance to country specifications?
6. Health and
Safety
Are adequate measures taken to minimize
and mitigate health and safety hazards to
workers from toxic gases and hazardous
materials on site?
Are adequate measures taken to protect the
public and neighbourhood from odour,
smoke from fire, diseases transmitted by
flies, rodents, insects and birds etc.?
Hazardous and Toxic Waste
No. Process Description Yes No N/A Information
1. Collection and
Transport
Are adequate measures taken to prevent
spills and releases to environment?
Are national and sponsors standards
ESS GUIDELINES FOR
MULTILATERAL PROJECTS FUND
Published Date:
APPENDIX IV
ENVIRONMENTAL AND SOCIAL
ASSESSMENT CHECKLIST
CHAPTER - VI
ESS Guidelines for Multilateral Projects Fund Pg. 48/47
No. Process Description Yes No N/A Information
followed for packaging, labelling, and
transport of hazardous materials and
wastes?
2.
Waste Receipt,
Unloading,
Processing, and
Storage
Is the incoming waste adequately
identified and classified for storage,
treatment and disposal?
Are adequate measures taken to prevent
spills and releases during waste storage
and handling?
Are adequate measures taken to prevent
and control releases releases of particulate
matter and VOCs from waste processing
equipment?
3.
Biological-
Physical-
Chemical
Treatment
Is the facility designed and operated in
accordance with applicable national
requirements?
Are adequate measures taken to control
leachate and runoff from waste storage and
processing areas?
4. Incineration
Facilities
Does project have/operate incinerator for
hazardous and toxic waste? If yes, does it
have valid permit?
Number of permit:
Date of issue:
Validity date:
Agency of Permit
Issuance:
Do emissions from incinerators meet
country standards?
Are ash and other residuals disposed in
accordance to country specifications?
Road Access
No. Environmental
Component Description Yes No N/A Information
1. Ecology
Does the project lie in proximity to or cut across any designated Protected Area?
Does the project or its activities cause disruption of terrestrial and aquatic habitats? If yes which of the following impacts does it cause
fragmentation of forested habitat;
loss of nesting sites of listed rare, threatened, or endangered species and / or high biodiversity / sensitive habitat; disruption of watercourses;
creation of barriers to wildlife movement;
visual and auditory disturbance due to the presence of machinery,
ESS GUIDELINES FOR
MULTILATERAL PROJECTS FUND
Published Date:
APPENDIX IV
ENVIRONMENTAL AND SOCIAL
ASSESSMENT CHECKLIST
CHAPTER - VI
ESS Guidelines for Multilateral Projects Fund Pg. 49/47
No. Environmental
Component Description Yes No N/A Information
construction workers, and associated equipment
Does the project involve regular maintenance of vegetation within road right-of-way causing likelihood of the establishment of invasive species?
2. Hydrology
Would the alteration of topography and installation of project components like tunnels adversely affect surface and ground water flows?
3. Topography and Geology
Does the project involve activities that have a likelihood of causing slope failures and landslides?
4. Storm water Does the project or its activities cause increase in rate of surface water runoff?
5. Waste
Does the project or its activities lead to generation of the following types of waste
Solid waste may be generated during construction and maintenance
Vegetation waste
Sediment and sludge from storm water drainage system maintenance
Waste generated from road and bridge maintenance
6. Air Quality
Will the project cause increased local air pollution due to rock crushing, cutting and filling works and chemical vapor from asphalt processing?
7. Water Quality
Would the surface runoff from cut and fill areas cause degradation of water quality in the downstream water bodies?
Would the surface runoff from roads contaminate surrounding water sources and/or ground water?
8. Public Health
Will the project lead to creation of temporary breeding habitats for mosquito vectors of disease?
Arethere accident risks associated with increased vehicular traffic, leading to loss of life (communities around project area)?
9. Occupational Health and Safety
Are adequate measures taken to prevent physical hazards while operating machinery, from moving vehicles and working at elevation on bridges and overpasses?
ESS GUIDELINES FOR
MULTILATERAL PROJECTS FUND
Published Date:
APPENDIX IV
ENVIRONMENTAL AND SOCIAL
ASSESSMENT CHECKLIST
CHAPTER - VI
ESS Guidelines for Multilateral Projects Fund Pg. 50/47
No. Environmental
Component Description Yes No N/A Information
Are adequate measures taken to prevent chemical hazards from construction and paving activities, exhaust emissions from heavy equipment and motor vehicles during all construction and maintenance activities?
Are adequate measures taken to prevent chemical hazards from construction and paving activities, exhaust emissions from heavy equipment and motor vehicles during all construction and maintenance activities?
Ambient Conditions
No. Process Description Yes No N/A Information
1. Ambient Air
Quality
Do emissions from project and supporting
activities (e.g. heavy equipment, loading-
unloading) have adverse impacts to
ambient air quality? Have measures been
taken to mitigate these impacts?
Are there any industries contribute air
pollution to around project area? Will the
project increase air pollution to the area?
Does ambient air quality around project
area meet national standards?
2. Noise and
Vibration
Is sufficient buffer maintained around
project area (pump, water and waste water
treatment plant, power generation and
other system and equipment) to reduce
noise and vibration?
Are adequate measures taken to mitigate
noise and vibration impacts generated from
vehicles and heavy equipment?
Are there any industries contribute noise
and vibration to around project area?
Do noise and vibration levels meet
national standards?
Occupational Health and Safety Management System (OHSMS)
No. Process Description Yes No N/A Information
1. Management
System
Have the project implemented OHSMS?
Have OHSMS of the project been audited
/evaluated periodically?
2. Personnel Does project hire personnel competent at
OHSMS and safety related to project field?
ESS GUIDELINES FOR
MULTILATERAL PROJECTS FUND
Published Date:
APPENDIX IV
ENVIRONMENTAL AND SOCIAL
ASSESSMENT CHECKLIST
CHAPTER - VI
ESS Guidelines for Multilateral Projects Fund Pg. 51/47
No. Process Description Yes No N/A Information
3 Manhours
Does project record manhours? If yes,
what is the amount? If no, what is the
reason?
4.
Emergency
Response and
Preparedness
Does project have emergency response and
preparedness plan to manage and control
any emergency conditions?
Monitoring and Reporting
No. Process Description Yes No N/A Information
1.
AMDAL /
UKL-UPL /
SPPL
Does project manage and monitor
environment and social aspects on a
periodic basis in accordance with
EIA/EMP (AMDAL/UKL-UPL/SPPL)
requirements which has been approved by
the Government? Has project reported
EMP to the Government?
……………….,…………2016
Reported by: Approved by:
………………………………… …………………………………