Digital FSM Environmental and Social Management Plan

Digital Federated States of Micronesia Project

Environmental and Social Management Plan
Prepared for the FSM Department of Finance and Administration

With funding from:International Development Association, World Bank Group

Prepared by Peter Wulf and Sonya Sampson
9 December 2019

Digital FSM ESMP FINAL 20191

Digital FSM Environmental and Social Management Plan

Quality Information
Document:

Digital Federated States of Micronesia Project – Environmental and Social Management PlanDate:

9 December 2019

Prepared by: Peter Wulf and Sonya Sampson
Revision History
Revision

Revision Date

Details0

2 October 2019

Draft for Client

1

2 November 2019

Draft for Client2

6 November 2019

Final Draft for Client3

9 December 2019

Final for Client

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Acronyms and Abbreviations
ADSL

Asymmetric Digital Subscriber LineAGs

Attorney General

CESMP

Contractor Environmental & Social Management Plan

CERT

Cyber Security Emergency Response

CITES

Convention on International Trade in Endangered Species of Wild Flora and Fauna

CIU

Central Implementation Unit

COC

Code of Conduct

COP

Codes of Practices

CSDMPContaminated Soil Disposal Management Plan

DGP

Digital Government Platform

DGSF

Digital Government Strategic Framework

Digital FSM

Digital Federated States of Micronesia

DoFA

Department of Finance and Administration

DoTCI

Department of Transportation, Communication and Infrastructure

DSLAM

Digital Subscriber Line Access Multiplexer

DSL

Digital Subscriber LineEDSCP

Erosion, Drainage and Sediment Control Management Plan

EHS

Environmental Health and Safety

EIA

Environmental Impact Statement

EIS

Environmental Impact Assessment

EPA

Environmental Protection Agency

ESCP

Environmental & Social Commitment Plan

ESF

Environmental & Social Framework

ESHS

Environment, Social, Health and Safety

ESIA

Environmental and Social Impact Assessment

ESIMS

Environmental & Social Impact Mitigation Strategies

ESMP

Environmental and Social Management Plan

ESS

Environmental & Social Standards

ESMS

Environmental & Social Management System

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ESRC

Environmental & Social Risk Classification

FSM

Federated States of Micronesia

FSMTC

FSM Telecom

FSMTCC

Federated States of Micronesia Telecommunication Cable Corporation – also known as the OAE(Open Access Entity)

FTTH

Fiber To The Home

FTTN

Fiber To The Node

GBV

Gender Based Violence

GIIP

Good International Industry PracticeGM

Grievance Mechanism

IA

Implementing Agency

IAS

Invasive Alien Species

ICT

Information & Communication Technology

IDP

Infrastructure Development Plans

ISP

Internet Service Providers

IT

Information Technology

JSA

Job Safety Analyses

KIRMA

Kosrae Islands Resource Management Authority

KYC

Know Your Customer

LAP

Land Access Process

LMP

Labor Management Procedure/Plan

LTELong Term Evolution

LUA

Land Use Agreements

MOU

Memorandum of Understandings

NDID

National Digital Identifier

NOL

No Objection Letter

NPDES

National Pollutant Discharge Elimination System

OAE

Open Access Entity – legally known as the Federated States of Micronesia Telecommunication
Cable Corporation –OHS

Occupational Health and Safety

PEIS

Preliminary Environmental Impact Statement

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PID

Project Information Document

PM

Particulate Matter

PMU

Project Management Unit

POM

Project Operations Manual

PPA

Project Preparation Advance

PPE

Personal protective Equipment

PPP

Public Private Partnership

RPF

Resettlement Policy Framework

SA

Safeguard Advisor

SDP

Sector Development Plans

SEP

Stakeholder Engagement Plan

SHDHL

Symmetrical High-Speed Digital Subscriber Line

SIDS

Small Island Developing States

SMP

Safety Management Plans

SOP

Standard Operating ProceduresTA

Technical Assistance

TBD

To be Determined

ToR

Terms of Reference

TRA

Telecommunication Regulatory Authority

TVPA

Victims of Trafficking and Violence Protection Act of 2000 – USA Lawµm

Microns

UXO

Unexploded Ordinance

WB

World BankWHOWorld Health Organization

WMP

Waste Management Plan

WWF

World Wildlife Fund

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Weights and Measures
m–

meter

m2

–

square meterm3–

cubic metermm–

millimeter

Inch

-

= 25.4 mm

Mile

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= 1.61 km

6Digital FSM Environmental and Social Management Plan

CONTENTS
Contents .................................................................................................................................................................................................. 7
How to Use this Document .................................................................................................................................................................... 14
Executive Summary ............................................................................................................................................................................... 15
1

Introduction ............................................................................................................................................................................... 20
1.1.

2

Purpose and scope of the Environmental and Social Management Plan ..........................................................................20
Background and Rationale ........................................................................................................................................................ 21

2.1.

Country Context .................................................................................................................................................................21

3

Existing Infrastructure ............................................................................................................................................................... 22

4

Description of the Activities ....................................................................................................................................................... 27
4.1.

Project Development Objectives ........................................................................................................................................27

4.2.

Project Overview ................................................................................................................................................................27

4.3.

Project Components ...........................................................................................................................................................28

4.3.1.

Component 1: National Digital Connectivity Infrastructure ............................................................................................28

4.3.2.

Subcomponent 1.1. Improving national connectivity: ....................................................................................................28

4.3.3.

Subcomponent 1.2. Bridging the connectivity gap for outer islands: .............................................................................29

4.3.4.

Component 2: Digital Government Platform: .................................................................................................................30

4.3.5.

Component 3: Enabling environment for Digital Government and Digital Economy: ....................................................30

4.3.6.

Component 4. Project Management ..............................................................................................................................31

4.4.

Connectivity Options ..........................................................................................................................................................31

4.4.1.

Fiber to the Home (FTTH) .............................................................................................................................................31

4.4.2.

Fiber to the Node (FTTN) ..............................................................................................................................................31

4.4.3.

Microwave Connections ................................................................................................................................................31

4.4.4.

Satellite Connections to Outer Atolls .............................................................................................................................32

4.5.
5

Project Benefits and Beneficiaries ......................................................................................................................................32
Institutional and Legal Framework for Environmental and Social Matters ................................................................................ 33

5.1.

Introduction.........................................................................................................................................................................33

5.2.

FSM Legislation, Regulations and Policies ........................................................................................................................33

5.2.1.

Introduction ....................................................................................................................................................................33

5.2.2.

National Legislation, Policies and Regulations ..............................................................................................................33

5.2.3.

State Legislation, Policies and Regulations...................................................................................................................36

5.2.4.

Pohnpei .........................................................................................................................................................................36

5.2.5.

Yap ................................................................................................................................................................................37

5.3.

Environmental Impact Assessment in FSM ........................................................................................................................37

5.3.1.

FSM Environmental Impact Assessment Regulations ...................................................................................................37

5.3.2.

State EIA regulations .....................................................................................................................................................37

5.3.3.

Labor Law ......................................................................................................................................................................39

5.4.

World Bank Environmental and Social Standards ..............................................................................................................39

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5.4.1.

ESS1: Assessment and Management of Environmental and Social Risks and Impacts ...............................................40

5.4.2.

ESS2: Labor and Working Conditions ...........................................................................................................................40

5.4.3.

ESS3: Resource Efficiency and Pollution Prevention and Management .......................................................................41

5.4.4.

ESS4: Community Health and Safety ............................................................................................................................41

5.4.5.

ESS5: Land Acquisition, Restrictions on Land Use and Involuntary Resettlement .......................................................41

5.4.6.

ESS6: Biodiversity Conservation and Sustainable Management of Living Natural Resources .....................................41

5.4.7.

ESS7: Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities ................41

5.4.8.

ESS8: Cultural Heritage ................................................................................................................................................41

5.4.9.

ESS9: Financial Intermediaries .....................................................................................................................................41

5.4.10.

ESS10: Stakeholder Engagement and Information Disclosure ................................................................................41

5.4.11.

Other Relevant Project Risks ....................................................................................................................................425.4.12.

World Bank General Environmental, Health and Safety Guidelines .........................................................................42

6

Potential Environmental and Social Impacts ............................................................................................................................. 43
6.1.

Summary of Anticipated Environmental and Social Impacts ..............................................................................................43

6.1.1.

Sensitive Receptors .......................................................................................................................................................43

6.1.2.

Environmental Impacts ..................................................................................................................................................43

6.1.3.

Social Impacts ...............................................................................................................................................................44

6.2.
7

Assessment of Environmental and Social Impacts ............................................................................................................45
Environmental and Social Impact Mitigation Strategies ............................................................................................................ 54

7.1.

Investment Identification, Concept Design and Bid Documents .........................................................................................54

7.2.

Land Access .......................................................................................................................................................................54

7.3.

Impacts to land are further discussed in Section 9. Sediment and Soil Erosion Control....................................................54

7.3.1.

Performance Criteria .....................................................................................................................................................54

7.3.2.

Monitoring ......................................................................................................................................................................55

7.3.3.

Reporting .......................................................................................................................................................................55

7.4.

Unexploded Ordinance (UXO) ...........................................................................................................................................57

7.4.1.

Background ...................................................................................................................................................................57

7.4.2.

Performance Criteria .....................................................................................................................................................57

7.4.3.

Monitoring ......................................................................................................................................................................57

7.4.4.

Reporting .......................................................................................................................................................................57

7.5.

Air Quality ...........................................................................................................................................................................59

7.5.1.

Background ...................................................................................................................................................................59

7.5.2.

Performance Criteria .....................................................................................................................................................59

7.5.3.

Monitoring ......................................................................................................................................................................59

7.5.4.

Reporting .......................................................................................................................................................................59

7.6.

Noise and Vibration ............................................................................................................................................................61

7.6.1.

Background ...................................................................................................................................................................61

7.6.2.

Performance Criteria .....................................................................................................................................................61

7.6.3.

Monitoring ......................................................................................................................................................................61

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7.6.4.
7.7.

Observation of noise mitigation measures is outlined in Table 5.Reporting ..................................................................61
Surface Water ....................................................................................................................................................................63

7.7.1.

Background ...................................................................................................................................................................63

7.7.2.

Performance Criteria .....................................................................................................................................................63

7.7.3.

Monitoring ......................................................................................................................................................................63

7.7.4.

Reporting .......................................................................................................................................................................63

7.8.

Terrestrial and Aquatic Flora and Fauna ............................................................................................................................65

7.8.1.

Background ...................................................................................................................................................................65

7.8.2.

Performance Criteria .....................................................................................................................................................65

7.8.3.

Monitoring ......................................................................................................................................................................65

7.8.4.

Reporting .......................................................................................................................................................................65

7.9.

Social Impact Management ................................................................................................................................................67

7.9.1.

Background ...................................................................................................................................................................67

7.9.2.

Performance Criteria .....................................................................................................................................................67

7.9.3.

Reporting .......................................................................................................................................................................67

7.10.

Land Ownership and Customary Tenure ...........................................................................................................................71

7.10.1.

Background...............................................................................................................................................................71

7.10.2.

Performance Criteria.................................................................................................................................................71

7.10.3.

Reporting ..................................................................................................................................................................71

7.11.

Cultural Heritage ................................................................................................................................................................74

7.11.1.

Background...............................................................................................................................................................74

7.11.2.

Performance Criteria.................................................................................................................................................74

7.11.3.

Reporting ..................................................................................................................................................................74

7.12.

Gender and Gender Based Violence .................................................................................................................................76

7.12.1.

Background...............................................................................................................................................................76

7.12.2.

Performance Criteria.................................................................................................................................................76

7.12.3.

Reporting ..................................................................................................................................................................76

7.13.

Waste Management ...........................................................................................................................................................78

7.13.1.

Background...............................................................................................................................................................78

7.13.2.

Performance Criteria.................................................................................................................................................78

7.13.3.

Monitoring .................................................................................................................................................................78

7.13.4.

Reporting ..................................................................................................................................................................78

7.14.

Emergency Management Measures ..................................................................................................................................81

7.14.1.

Performance Criteria.................................................................................................................................................81

7.14.2.

Monitoring .................................................................................................................................................................81

7.14.3.

Reporting ..................................................................................................................................................................81

8

Labor Management Procedures ................................................................................................................................................ 83
8.1.
8.1.1.

Assessment of Key Potential Labor Risks ..........................................................................................................................84
Project Activities and Key Labor Risks ..........................................................................................................................84

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8.2.

Overview of the Labor Legislation: Terms and Conditions .................................................................................................85

8.3.

Overview of the Labor Legislation: Occupational Health and Safety .................................................................................85

8.4.

Responsible Staff ...............................................................................................................................................................85

8.4.1.

Occupational, Health and Safety ...................................................................................................................................86

8.4.2.

Foreign Labor and Gender Based Violence ..................................................................................................................87

8.5.

Policies and Procedures .....................................................................................................................................................88

8.6.

Age of Employment ............................................................................................................................................................88

8.7.

Terms and Conditions and equal opportunities ..................................................................................................................88

8.8.

Grievance Mechanism ........................................................................................................................................................88

8.8.1.

Communications ............................................................................................................................................................89

8.8.2.

Process..........................................................................................................................................................................89

8.9.

Contractor Management.....................................................................................................................................................89

8.10.

Local Workers ....................................................................................................................................................................90

8.11.

Primary Supply Workers .....................................................................................................................................................90

9Land Access and Use ............................................................................................................................................................... 91
9.1.

General...............................................................................................................................................................................91

9.2.

Involuntary Resettlement or Land Acquisition ....................................................................................................................91

9.3.

Project Design and Mitigation Hierarchy ............................................................................................................................91

9.4.

Land Related Impacts ........................................................................................................................................................91

9.5.

Applicability of ESS5 ..........................................................................................................................................................94

9.6.

Gap Analysis of FSM Legislation and ESF ........................................................................................................................94

9.7.

Land Access Process .........................................................................................................................................................96

9.7.1.

Site Criteria ....................................................................................................................................................................96

9.7.2.

Types of Land Access Arrangements............................................................................................................................96

9.7.3.

Applicable Land Access Arrangements .........................................................................................................................97

9.7.4.

Principles of Land Acquisition and Long-Term Leases .................................................................................................97

9.7.5.

Establishing Informed Consent / Stakeholder Consultation ..........................................................................................98

9.7.6.

Process for Voluntary Land Donation, Land Acquisition and Long-Term Leases .........................................................98

9.7.7.

Requests for FTTH ........................................................................................................................................................99

9.7.8.

Screening Process ........................................................................................................................................................99

9.7.9.

Roles and Responsibilities ............................................................................................................................................99

9.8.

Temporary Access Restrictions ..........................................................................................................................................99

9.8.1.

10

Temporary Storage Sites during Construction ..............................................................................................................99

9.9.

Grievance Mechanism ........................................................................................................................................................99

9.10.

Monitoring Arrangements ...................................................................................................................................................99

Consultation ............................................................................................................................................................................ 101
10.1.

Stakeholder Engagement During Project Preparation .....................................................................................................101

10.2.

Stakeholder Engagement Plan .........................................................................................................................................101

10.3.

Key Comments from Consultation ....................................................................................................................................101

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11

Grievance Mechanism ............................................................................................................................................................ 102
11.1.

Introduction.......................................................................................................................................................................102

11.2.

FSM Judiciary Level Grievances ......................................................................................................................................102

11.3.

Grievance Mechanism ......................................................................................................................................................102

11.3.1.

Introduction .............................................................................................................................................................102

11.3.2.

Grievance Mechanism ............................................................................................................................................103

11.3.3.

Complaints Register ...............................................................................................................................................104

11.3.4.

World Bank Complaints Framework .......................................................................................................................104

12

Institutional Arrangements for the Environmental and Social Management Plan ................................................................... 105

13Disclosure ............................................................................................................................................................................... 106

14

Environmental and Social Management Plan Monitoring, Evaluation and Reporting ............................................................. 107

15

Environmental and Social Management Plan Capacity Building ............................................................................................ 108
15.1.
1.1.1

16

Capacity Development .....................................................................................................................................................108
Training........................................................................................................................................................................108

Environmental and Social Management Plan Budget ............................................................................................................. 109

Annexure One - Summary of Stakeholder Engagement ..................................................................................................................... 110
Annexure Two - Description of Bio-Physical Environment .................................................................................................................. 115
Geology, Topography and Soils .....................................................................................................................................................115
National ......................................................................................................................................................................................115
Chuuk .........................................................................................................................................................................................115
Kosrae ........................................................................................................................................................................................115
Pohnpei ......................................................................................................................................................................................115
Yap .............................................................................................................................................................................................116
Seismic Activity ...............................................................................................................................................................................116
Unexploded Ordinances .................................................................................................................................................................117
Climate ............................................................................................................................................................................................117
Air Quality .......................................................................................................................................................................................118
Ambient Noise ................................................................................................................................................................................118
Terrestrial Ecology ..........................................................................................................................................................................119
Invasive species .............................................................................................................................................................................119
Surface Water .................................................................................................................................................................................120
Chuuk .........................................................................................................................................................................................120
Kosrae ........................................................................................................................................................................................120
Pohnpei ......................................................................................................................................................................................120
Yap .............................................................................................................................................................................................120
Groundwater ...................................................................................................................................................................................120
Chuuk .........................................................................................................................................................................................121
Kosrae ........................................................................................................................................................................................121
Pohnpei ......................................................................................................................................................................................121

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Yap .............................................................................................................................................................................................121
Annexure Three - Social Assessment ................................................................................................................................................. 122
History and National Identity ...........................................................................................................................................................122
Population .......................................................................................................................................................................................122
People, Culture, Language and Religion ........................................................................................................................................123
Poverty Profile ................................................................................................................................................................................124
Land ................................................................................................................................................................................................126
Gender ............................................................................................................................................................................................128
Gender Based Violence ..................................................................................................................................................................128
Social Organization .........................................................................................................................................................................129
Households and Housing Characteristics .......................................................................................................................................129
Education ........................................................................................................................................................................................129
Annexure Four – Gender Assessment ................................................................................................................................................ 130
Context ...........................................................................................................................................................................................130
Priority Areas for Digital FSM Project .............................................................................................................................................132
Priority Area 1: Rates of internet access & use, tracking trends and inequalities ......................................................................132
Priority Area 2: Harmful digital communication and cyber safety risks for women.....................................................................132
Priority Area 3: Inclusive digital services, improving women’s access to government services ................................................133
Annexure Five - Land Use Agreement Template ................................................................................................................................ 135
Annexure Six - Erosion, Drainage and Sediment Control Management Plan and Contaminated Soil Disposal Management Plan Outline
136
Annexure Seven - Waste Code of Conduct ......................................................................................................................................... 139
Annexure Eight - Chance Finds Procedure ......................................................................................................................................... 142
Annexure Nine - Standard Contract Clauses....................................................................................................................................... 143
Annexure Ten - Codes of Conduct ...................................................................................................................................................... 149
Contractor Code of Conduct – Environment, Social, Health and Safety and Occupational Health and Safety Standards, Preventing
Gender Based Violence ..................................................................................................................................................................149
Manager’s Code of Conduct, Implementing ESHS and OHS Standards, Preventing Gender Based Violence .............................152
Annexure Eleven – Screening Form .................................................................................................................................................... 158

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Figure 1 Map of the Federated States of Micronesia ............................................................................................................................21
Figure 2 Examples of Existing Infrastructure and Road Easements .....................................................................................................26
Figure 3 Example Road Easement and Infrastructure Locations ..........................................................................................................29
Figure 4 ESS10 Information Disclosure Requirements .......................................................................................................................106
Figure 5 Epicenters of earthquakes in the west Pacific Islands region ...............................................................................................117
Figure 6 Monthly air temperatures for Pohnpei and Yap .....................................................................................................................118
Figure 7 Ethnic Composition (2010): ...................................................................................................................................................124
Figure 8 Distribution of Poor Population (Source: Poverty Profile of the Federated States of Micronesia based on 2013/14 HIES data).............................................................................................................................................................................................................124

Table 1 Anticipated Environmental and Social Impacts by Component and Stage of Project...............................................................53
Table 2 Erosion, Drainage and Sediment Control Measures ................................................................................................................56
Table 3 Unexploded Ordinance .............................................................................................................................................................58
Table 4 Air Quality Management Measures ..........................................................................................................................................60
Table 5 Noise and Vibration Management Measures............................................................................................................................62
Table 6 Water Quality Management Measures .....................................................................................................................................64
Table 7 Flora and Fauna Management Measures.................................................................................................................................66
Table 8 Social Management and Population Measures ........................................................................................................................68
Table 9 Land Ownership Measures .......................................................................................................................................................72
Table 10 Cultural Heritage Measures ....................................................................................................................................................75
Table 11: Gender and GBV Measures ..................................................................................................................................................77
Table 12 Waste Management Measures ...............................................................................................................................................79
Table 13 Emergency Management Measures .......................................................................................................................................82
Table 14 Land Impacts Associated with Component 1 Activities ..........................................................................................................93
Table 15 Project Activities and applicability of ESS5.............................................................................................................................94
Table 16 Comparison of FSM Legislation and ESS5 Requirements .....................................................................................................96
Table 17 Ambient noise levels in Pohnpei (ADB 2013) .......................................................................................................................119
Table 18 - Snapshot of gender inequality in FSM ...............................................................................................................................131

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HOW TO USE THIS DOCUMENT
This Environment and Social Management Plan (ESMP) is for the Digital Federated States of Micronesia Project (Digital FSM
Project). It was prepared by Peter Wulf and Sonya Sampson for the Department of Transport, Communications andInfrastructure (DoTCI) and Federated States of Micronesia Telecommunication Cable Corporation (also known as the Open
Access Entity).
The ESMP was developed as part of the preparatory documentation for the Digital FSM Project, to provide guidance for the
FSM Implementing Agency (DoTCI) and the Central Implementation Unit (CIU) on environmental and social safeguard aspectsof the Digital FSM Project.
The ESMP sets out how the safeguards aspects of the Digital FSM Project will be applied during the identification, design andimplementation of the activities funded by the Digital FSM Project.
The ESMP will also informs the development of the Project Operations Manuals (POM).
The ESMP applies to the entire Digital FSM Project.

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EXECUTIVE SUMMARYThe Government of the Federated States of Micronesia (FSM) is applying to the World Bank (WB) for grant financing to undertake the“Digital Federated States of Micronesia Project” (Digital FSM Project). The Digital FSM Project support investments in digital
infrastructure in all four States as a catalyst to mobilize private sector investment and increase access to higher quality, lower cost
digital services.
As part of the requirements of the submission to the World Bank, the Government of FSM is required to prepare environmental andsocial safeguards documentation as part of the Project Preparation Advance (PPA) stage. The Digital FSM Project has an
Environmental and Social Risk Classification (ESRC) of moderate for both environmental and social risks as per the World Bank
Environmental and Social Framework. To fulfill the requirements of the World Bank, the Government of FSM has prepared thisEnvironmental and Social Management Plan (ESMP) in support of a Digital FSM Project proposal.
This ESMP provides the tools for the integration of environmental and social stewardship into the project as required by the FSM andState relevant laws and regulations and the World Bank Environmental and Social Framework. The ESMP is a necessary instrument
for the FSM’s preparation for the Digital FSM Project under World Bank Environmental and Social Framework.
Project Objectives and Components
The Digital FSM Project has four (4) components as per the Project Information Documents (PID). The components include:
Component One: National Digital Connectivity Infrastructurea.

Improving national data connectivity though the installation of high-speed domestic (terrestrial) fiber network around themain island in each of the four states with a target of passing 80% of premises and connecting as many homes andbusinesses as possible to the network with Fiber to the Home (FTTH) technology. The infrastructure will predominantly
use existing poles to provide the infrastructure for above ground fiber services and where necessary, there will be microtrenching to install the fiber cable below ground where above ground is not feasible. Any FTTH connection will be above
ground;b.

Bridging the connectivity gap for outer islands with the installation of microwave towers to provide 4G Long Term Evolution(LTE) technology and satellite connectivity to provide mobile internet. This technology will be constructed in atolls/islands
with more than 100 people (42 islands) via a Public Private Partnership (PPP) mechanism;

Component Two: Digital Government Platforma.

Development of an all of Government Digital Government Strategic Framework (DGSF) to improve Government businessprocesses and workflow efficiencies increasing access to services, and enhancing the quality of life for citizens andresidents, while reducing the complexity for businesses transacting with Government;b.

National ID system to provide a unique legal identity to all citizens and residents of FSM and facilitate the authenticationof that identity and electronic signature online. The objective of this voluntary process is to increase access to and enable
the digitalization of public and private sector services;c.

Secure Government Network and Data Center, Disaster Recovery/Business Continuity and Government Cloud (FSMCloud);d.

Design and implementation of a National Government Portal to facilitate citizen and business access to public information;ande.

Implementation of selected e-Services in key sectors (e.g. health, agriculture, urban, transport and education).

Component Three: Enabling environment for Digital Government and Digital Economya.

Creation of a legal and regulatory framework for Digital Government through the development of institutional and data
governance arrangements, particularly around data security, data protection, authentication protocols and processes,
privacy, transparency, non-discrimination, Netsafe principles and practices, and support for digital transactions;b.

Creation and rollout of a Government’s Cyber Security Program which will include the development of operational andadministrative standards, assurance, monitoring, audit and Cyber-Security Emergency Response capabilities; andc.

Telecommunications Regulatory Support, which will include assistance with respect to licensing, interconnection,
wholesale access, spectrum issues, quality of service monitoring and enforcement, technical regulation, and leadershipand advocacy issues.

d.

Strengthening of the Gender Division in the National Government to promote gender mainstreaming at the National andState level during the development and implementation of new policies and regulatory reforms for digital services and thedevelopment of the digital economy.

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Component Four: Project Managementa.

Provide funding for the Project Management Unit within the DTCI and for the Central Implementation Unit for the
management of this and other projects over four years.

Component One will be implemented by the Federated States of Micronesia Telecommunication Cable Corporation (FSMTCC), also
known as the Open Access Entity (OAE); a not-for-profit Government entity that will allow access to all commercial operators that havebeen approved by the Telecommunications Regulatory Authority (TRA) to supply private and commercial internet and telephoneservices in FSM. The Open Access Entity owns and manages the current submarine cables in Chuuk, Pohnpei and Yap, and the East
Micronesia Cable that will provide high speed internet to Kosrae from 2020-2021.
Project Benefits
Independent economic analysis of the proposed project indicated that “economically speaking, except for one scenario in Yap, all
Fixed Broadband scenarios show positive economic impacts and the Mobile Broadband scenario shows high positive results for all
FSM islands.1”
Stakeholder consultations have indicated overwhelming support for the Digital FSM project, with perceived level of benefits to be
extremely high. Expected benefits of the project include improved access to information, social connections to family and friends inother locations, improved access to educational resources, banking services, opportunities for increased economic participation,access to government eServices (including the health system), increased use of internet for meetings instead of requiring physicaltravel, and many more. Remittances are a major source of revenue for families in FSM, and internet connectivity will make these vastly
easier to access. Online purchasing has also been identified as a major benefit to individuals and businesses.
Increased internet connectivity through the Digital FSM project will undoubtedly be beneficial for the people of FSM. However,increased access will also introduce some risks, as is experienced globally.
FSM and State Legislation
The Digital FSM Project will need to comply with both National and State Laws including relevant environmental, social and labor laws.
Any earthworks (only micro-trenching anticipated) associated with any construction activities undertaken in relation to Component Oneof the Digital FSM Project would be minor and are within already disturbed environments. Notwithstanding, the works will require State
approval and a permit for minor earthworks. There is the potential for small scale construction works associated with the towers onouter islands. A number of annexures to this ESMP are relevant for these activities.
There is very limited legislation related to social matters. These are covered more broadly within
All workers engaged on the Digital FSM Project will need to be covered under the terms of the WB Environmental Health and Safety(EHS) Guidelines, which means development of comprehensive Job Safety Analyses (JSAs) for each role, including potential
contractors involved in building works. This process will involve development of Safety Management Plans (SMP) for each position.
Workers will also need to comply with the Code of Conduct established under this ESMP.
World Bank Environmental and Social Framework
The key Environmental and Social Standards (ESS) under the World Bank Environmental and Social Framework (ESF) that are
relevant to this project and require specific instruments to be prepared are:f.

ESS1 – Assessment and Management of Environmental and Social Risks and Impacts;g.

ESS2 – Labor and Working Conditions;h.

ESS3 – Resource Efficiency and Pollution Prevention and Management;i.

ESS4 – Community Health and Safety;j.

ESS5 – Land Acquisition, Restrictions on Land Use and Involuntary Resettlement;k.

ESS6 – Biodiversity Conservation and Sustainable Management of Living Natural Resources;l.

ESS8 – Cultural Heritage; andm. ESS10 – Stakeholder Engagement and Information Disclosure.
The following ESS are not relevant to the Project:n.

ESS7 – Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities; andDigital FSM ESMP FINAL 201916

Digital FSM Environmental and Social Management Plano.

ESS9 – Financial Intermediaries.

As a result of this assessment, the Government of FSM is required to prepare the following instruments in accordance with the WorldBank’s Environmental and Social Framework:p.

Environmental and Social Management Plan (ESMP) – this documentq.

Environmental and Social Commitment Plan (ESCP) (prepared by FSM & World Bank Safeguard team);r.

Labor Management Procedure (LMP) (Chapter Eight (8) of this document); ands.

Stakeholder Engagement Plan (SEP) – a standalone document.

Significant and Potential Environmental and Social Impacts and Mitigation Measures
The environmental risks are considered minor and relate primarily to managing micro-trenching and waste during infrastructure
installation and maintenance. The risks to the community and workers during installation and maintenance relate to health and safety
disruptions and access to properties and businesses. These types of risks can be managed through effective codes of practice for the
installation of infrastructure, training of workers and good supervision and oversight of mitigation measures.
In locations where there is a need for towers to be built (for microwave or satellite connectivity) with associated power supply (such as
solar panels and batteries), there may be impacts in terms of minor vegetation clearing. There may also need to be vegetation clearing
around existing poles and where fiber will be strung. There is also the potential for vegetation clearing for micro-trenching. These
impacts will be spatially restricted and therefore minor. There are also potential impacts associated with the use of vessels working
within the islands and the potential for these vessels to run aground, albeit, this impact is likely to be rare.
The Digital FSM Project will touch almost every citizen living in FSM in different ways. Social risks of the physical infrastructurecomponent relate primarily to land, influx of construction workers (albeit small numbers – approximately ten foreign workers with local
workers) within communities, community and worker health and safety during construction, public perceptions of FSM Telecom andthe FSMTCC (OAE) and risks associated with internet usage.
The backbone fiber optic cable will follow existing easements for primary and secondary roads. However, there are some exceptions,
including:t.

Kosrae - a section of coastal road is proposed to be relocated to higher ground (inland) and the new alignment may not
yet have easements in place. There is a future proposed “cross-island” road, which may need future fiber cableconnectivity. The remote community of Walung on the northwestern side of the island is likely to be connected via
microwave link and then fiber only within the village area, however the gravel access road may need to be improved(e.g. graded and compacted) to enable access for construction equipment and materials. Permissions would need tobe negotiated for the fiber to be laid.

u.

Chuuk - within Chuuk Lagoon it is proposed to install fiber cables on five lagoonal islands, including Weno, Tonoas,
Udot, Fefan and Uman islands. Only Weno and Tonoas have existing roads and easements in place, and land
permissions for the other three islands will need to be established. Further, new base stations (microwave) are proposed
for the Faichuk Island group (in three locations), Parem and Uman islands, which will require land permission andpotentially ongoing leases for small land parcels for the towers and associated power supply. Long Term Evolution(LTE) capacity is also proposed to be added to sites with existing Telecom towers on Weno, Udot, Romanum, Takuro,Fred, Netutu and Polle Islands, which will require negotiations with Telecom and potential lease arrangements. 2

v.

Yap - Rumung Island (one of the four islands of “Yap Proper”) has no formal road, easements or power supply currently.
Due to the population size and the prohibitive cost of shallow marine cable, it is likely that a microwave link would be
preferable for this community. This will require some land to be negotiated on both sides of the channel.

w. Pohnpei – none that were identified during consultations.
x.

Outer Atolls and Islands – Depending on the topography of each atoll, satellite technology may be attached to existing
structures with power supplies (such as a school, dispensary, cell tower, or other existing public building). However, insome cases towers may need to be constructed in order to distribute the connection across a wider area (e.g. multiple
islands in an atoll). In this case, there may be a requirement for some land to be leased. The preference would be tosite these wherever possible within the footprint of existing government building lease areas.

The project may provide Fiber To The Home (FTTH), which would be a significant social benefit as it increases the likelihood of accessby the poorest households and is the most cost and time effective way forward. FTTH would involve connecting the fiber to eachindividual private property (homes and businesses) where it is technically feasible and economically viable to do so. There are existing

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Digital FSM Environmental and Social Management Planeasements for utilities in Chuuk and Kosrae states that allow utilities to access private land for the purposes of provision of public
services, which includes the FSMTCC (OAE), one of the implementing agencies for the project.
If the proposed design of FTTH proceeds, a process for households and businesses to request connections would be needed forprovision of services beyond the existing easements for primary and secondary roads, and to be installed onto private land. There arelegal provisions and easements in place currently that allow utilities access to private land for the purposes of public service provisionin all states.
Depending on the final design, the ownership and responsibility for the “last mile” of the fiber (to the home or premises) needs to beconsidered. For example, if the services to households are broken, for example due to a natural disaster, the party responsible forrepairs needs to be clearly identified and ensure that vulnerable households are not disadvantaged or excluded from service provision.
For outer atolls, there is a risk of assets not being maintained or long lag times in any needed repairs if the systems fail. This could be
addressed through training locals in each site on basic maintenance, repairs and trouble shooting. The FSMTCC (OAE) business planneeds to demonstrate the viability of supporting ongoing maintenance to assets in these remote locations, to ensure it is financially
viable to do so and that the investment will deliver the anticipated benefits to those communities.
With respect to the Digital Government Platform (DGP), in order to deliver government eservices and a portal as proposed underComponent 2 of the project, a National ID system has been proposed to provide a unique legal identity to all citizens and residents of
FSM and facilitate the authentication of that identity and electronic signature online.
This component carries a number of significant social risks, in terms of the potential use and security of this data by the FSM
government or other parties (commercial, foreign governments, criminal, etc.). If this component of the project proceeds, significant
preparation would need to be undertaken to articulate the potential benefits, use, security and privacy of this system and data.
Significant stakeholder engagement, as outlined in the SEP, would be required to ensure that the community have broad and deep
understanding of this proposed system, ramifications and protections, their ability to opt/in or out of the system, and potential benefits,risks and types of data to be linked to it.
Stakeholder engagement would also be required regarding each proposed government eService under Component 2 and in developing
the proposed strategic framework, including with the relevant State and National Departments to understand existing related activities.
Consultation on gender mainstreaming is also needed.
There are a number of social and financial risks arising from internet access. Notably, these risks already exist in FSM, given fairly
widespread access to the internet (some of the time). This project will increase the speed, reliability, availability of the internet, reduce
costs of internet services and would be expected to have a minor increase in the number of internet users. FSM citizens may beparticularly appealing targets for online scams, fraud and identify theft due to their rights to work, live and study in the USA as a resultof the Compact of Free Association between the USA and FSM.
There are also risks relating to unequal access based on gender, age or ability. Domestic violence may be an issue, with women’sgroups reporting awareness of one or more instances of men denying their wives access to phones/internet over concern of affairs orneglecting domestic and childcare duties. Conversely the internet will enable more information on domestic violence prevention, rights
and access to emergency support. Costs of accessing internet services may be prohibitive, particularly on outer islands with very
limited formal economies, and other poorer communities. If the costs of the “last mile” fiber connection to each house is borne by thehousehold (rather than financed under the project), the risk of lower income households being excluded would increase. The regulator
will need to play a key role in ensuring that low income households, outer island and remote communities, people living with disabilities,
the elderly and other vulnerable groups are able to access affordable services based on market assessment, with free or highly
subsidized service provision a potential need. Project Component 3C provides Technical Assistance to the Regulator, and will include
considerations of regulation, access and advocacy issues. This component will be key to mitigating the risk that the investment inconnectivity to some locations may not deliver the intended social benefits and drive increased inequality.
Appropriate and relevant avoidance and mitigation options have been proposed in the ESMP, which if put in place, will significantly
reduce the potential impacts of the Digital FSM to an acceptable level. An Erosion, Drainage and Sediment Control Management Plan(EDSCMP) and Contaminated Soil Disposal Management Plan (CSDMP) have been developed along with Waste Management, Plans(WMP). More importantly, the Digital FSM will have significant environmental and social benefits that will be achieved more generally.
Consultation
The ESMP sets out protocols for stakeholder engagement and grievance redress. An important feature of the Digital FSM Project isthat it is based around an adaptive management approach and therefore explicit feedback and review measures have been
incorporated in the stakeholder engagement/grievance redress procedures.
The Digital FSM Project has developed a Grievance Redress Mechanism to deal with any complaints and issues that may arise as aresult of the Digital FSM Project. The Grievance Redress Mechanism is consistent with FSM and World Bank Environmental andSocial Framework.
From the consultations undertaken, the key issues include:

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Digital FSM Environmental and Social Management Plany.

Land – in all locations where there will be construction outside existing public land or easements for utilities, there willneed to be extensive consultations and agreement with communities and individual landowners. This will be particularly
important for Chuuk’s lagoonal islands, Yap’s Rumung island, and the Walung community in Kosrae. Microwave towers
require line of sight and has an infrastructure footprint on both sides. In all cases, existing government leased land will
be prioritized, but in some locations, there may also be negotiations, Land Use Agreements (LUA), requests for services
or permissions put in place.

z.

Construction Works – communication regarding when, where and duration of construction works in each location will
be important, including any temporary access restriction during works, as well as information on community awarenessof issues and impacts of transient construction workers, particularly when working near private houses or remote or
isolated communities. Community awareness raising on issues such as the recently changed age of consent (Chuukstate) would also be beneficial, and given the cultural and historical context, what is acceptable in terms of access ofminors to workers would also be important to engage with stakeholders on to reduce the incidence of guardians whoare selling minors for sex with workers.

aa. Competition in the Telecommunications Sector – across all four states of FSM during consultations, concern was
raised with FSM Telecommunication Corporation (FSM Telecom for short). There was a lot of interest in increased
competition in the telecommunications retail sector, as well as the role of FSMTCC (OAE). People expressed concern
with regards to the price of phone and internet services, to businesses and individuals, and were also concerned about
ongoing costs of maintenance being passed through to consumers. Further engagement is needed to understand thebasis of the concerns, and to understand the role of the Telecommunications Regulatory Authority (TRA) and FSMTCC(OAE) in addressing any issues and communicating to communities and key stakeholders.
bb. Internet Use – public awareness raising is key to ensure that citizens who may be exposed to the internet for the firsttime, or have much improved service, are aware of risks such as online scams, fraud, identity theft, viruses, hacking,spyware and malware and what they can do to identify potential risks and protect themselves. Programs targeting
parents to understand risks to children, such as content that may be explicit or violent, as well as people who may target
children for grooming or other risks, would be beneficial to be included under the program also. Youth and cyber-bullying
could also be targeted through campaigns under this program.
cc. Legislation – where there are changes to legislation under the program, such as introducing laws regarding posting
content without consent (e.g. revenge pornography), it will be important that the legislation is socialized, andstakeholders are aware of the changes and implications of the law.
Institutional Arrangements for Safeguards Implementation
The Department of Transport, Communication and Infrastructure (DoTCI) will be responsible for the ESMP and integrating therequirements into the Program. DoTCI will have responsibility for the day-to-day implementation of all safeguard requirements withsupport from FSMTCC (OAE) and DoFA for Component One.
For the Digital FSM Project, a Safeguard Team, consisting of a National Safeguards coordinator and International Advisor (SA) will be
attached to the Central Implementation Unit (CIU) within DoFA and work will with DoTCI to ensure the effective implementation of the
Project ESMP. For Component One, the DoFA CIU Safeguards team will work with the FSMTCC (OAE) on undertaking and managing
the works. The Owner’s Engineer for Component One will also engage a Safeguards Officer to oversee the works under thatcomponent.
ESMP Capacity Building and Budget
The Government of FSM has carried out stakeholder and community consultations during the preparation of the ESMP in compliancewith both FSM legislation and the World Bank Environmental and Social Framework (ESF). The ESMP has been prepared based on
both FSM laws and the World Bank ESF to manage the residual environmental and social impacts from the project. The implementing
agencies (DoTCI, FSMTCC etc) involved do not have specific safeguard policy experience (DoTCI have some World Bank experience).
DoTCI who will deliver the Digital FSM Project will include international and local staff dedicated to environmental, social and behavior
change and advocacy who will have the capacity and capability to implement the consultations and social mitigation measures fromthe ESMP.
The ESMP provides an indicative budget for implementing the elements of this ESMP, based on best estimates with assumptions of
the kind of activities likely to be undertaken in the Digital FSM Project.
Budgeting for environmental and social interventions and the application of mitigation measures to enhance positive impacts for FSM
is an investment in the future as it will reduce the environmental and social liability at local, and national levels. Overall, the Digital
FSM Project will provide significant environmental and social benefits to people and their communities throughout the islands of the
FSM.

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Digital FSM Environmental and Social Management Plan

1 INTRODUCTION
1.

The Government of the Federated States of Micronesia (FSM) is applying to the World Bank (WB) for grant financing to undertakethe “Digital Federated States of Micronesia Project” (Digital FSM Project). The Digital FSM Project support investments in digital
infrastructure in all four States as a catalyst to mobilize private sector investment and increase access to higher quality, lower
cost digital services.

2.

As part of the requirements of the submission to the World Bank, the Government of FSM is required to prepare environmental
and social safeguards documentation as part of the Project Preparation Advance (PPA) stage. The Digital FSM Project has an
Environmental and Social Risk Classification (ESRC) of moderate for both environmental and social risks as per the World Bank
Environmental and Social Framework (ESF). To fulfill the requirements of the World Bank, the Government of FSM has preparedthis Environmental and Social Management Plan (ESMP) in support of a Digital FSM Project proposal.

1.1. PURPOSE AND SCOPE OF THE ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN
3.

The World Bank is supporting the Government of FSM to deliver the Digital FSM Project. This ESMP provides for the integrationof environmental and social stewardship into the project as required by the World Bank Environmental and Social Framework(ESF).

4.

An ESMP is a management tool used to assist in minimizing the impact to the environment and community. To ensure theenvironmental and social objectives of the Digital FSM Project are met, the ESMP will be used by the project Implementing
Agencies (DoTCI, FSMTCC etc.) to structure and control the environmental and social risks and impacts.

5.

The ESMP sets out the principles, rules, guidelines and procedures to manage the environmental and social impacts. It contains
measures and plans to reduce, mitigate and/or offset adverse impacts and enhance positive impacts, provisions for estimating
and budgeting the costs of such measures, and information on the agencies responsible for addressing project impacts.

6.

The ESMP sets out the following:a.

Brief details on the project description and sub-project typologies;b.

Provisions to address all of the applicable environmental and social standards during project implementation, including
labor management procedures;c.

Description of the implementation arrangements;d.

The Grievance Mechanism (GM); ande.

Indicative budget for key ESF related activities.

7.

A separate Stakeholder Engagement Plan (SEP) has been prepared for the project.

8.

The ESMP also includes a range of annexures that provide frameworks, guidelines and plans for the management of specificmatters such as an Erosion, Drainage and Sediment Control Plan (EDSCP), chance finds, and also contractual clauses that will
be relevant especially when undertaking activities under Component One.

9.

The ESMP will be updated from time to time by DoTCI and the contractors in consultation with the Project’s Safeguards Advisory
team (SA) to incorporate changes in the detailed design phase of the Digital FSM Project.

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Digital FSM Environmental and Social Management Plan

2 BACKGROUND AND RATIONALE
2.1. COUNTRY CONTEXT
10. The FSM is located near the equator about 4,000 km southwest of the Hawaiian Islands in the Western Pacific Ocean and within
the Caroline Islands group. The largest nation in the Micronesian sub-region, the FSM, is made up of four semi-autonomous
states (Chuuk, Kosrae, Pohnpei, and Yap) located between Palau and the Philippines to the west and the Marshall Islands tothe east.
11. The FSM is made up of 607 islands scattered over an area of about 2.6 million km2, including its Exclusive Economic Zone, inthe western Pacific Ocean (Figure 1).

Figure 1 Map of the Federated States of Micronesia
12. The total land area of FSM is 704.6 km2, with 7,192 km2 of lagoon area. The islands vary from small islets, which are inundated
at high tide, to atolls and large volcanic islands with land area of more than 80 km2. Approximately 65 of the islands are inhabited.
13. As with other Small Island Developing States (SIDS) in the region, FSM faces significant challenges related to its small size,
remoteness, geographical dispersion, environmental fragility and exposure to external shocks. Frequent natural disasters andclimate change impose high costs and may even threaten the physical viability of some areas of both the main islands and more
remote outer islands. Such events can and do cause severe damage to infrastructure and other economic assets and haveadverse impacts on livelihoods. As such, having a reliable fiber and telecommunications network more broadly is vital for the
population’s safety.
14. While Chuuk, Pohnpei and Yap have undersea fiber cables connected to land (Kosrae will be linked with the East Micronesia
Cable Project in late 2020), internet is predominantly provided via satellite technology which is extremely costly.

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Digital FSM Environmental and Social Management Plan

3 EXISTING INFRASTRUCTURE
16. The Digital FSM will undertake activities across all four states on both the main islands and outer islands. In the four main islands,
broadband infrastructures have already been implemented for both fixed and mobile connection through satellite technology as
well as submarine cables.
17. In Chuuk, off-island connectivity is made possible via the submarine cable from Pohnpei-Chuuk. On Weno, fixed line connectivity
is through an existing above ground copper network, which has previously been damaged by a number of typhoons. FSM
Telecommunication Corporation (FSM Telecom or FSMTC for short) has in recent times, installed an above ground fiber cable;
however, the cable is currently not connected to the submarine cable network. The connectivity to other islands in Chuuk Lagoon
is based on microwave links; however, the connection and service remains very limited. Mobile infrastructure is made of 14 cell
towers. There are current six (6) towers on Weno that are connected via copper with an additional tower on Weno that isconnected via microwave. There are seven (7) towers on other islands in Chuuk Lagoon that are connected via microwave. Fiveof the cell towers have 3G capability and these cover the majority of Weno’s population.
18. In Kosrae, off-island connectivity is made possible via a satellite link. The current speeds are lower compared to the other states.
On Kosrae, fixed line connectivity is done through two outside plants: one copper plant (underground) and one cable TV plant(aerial). The two services cover only the northern and eastern parts of Kosrae. Kosrae also owns a utility pole infrastructure that
could support future Fiber To The Home (FTTH) roll-out and this is discussed in Chapter 4. Cell towers provide 2G and 3G
coverage to the main centre and the main road but not the entire island nor the alternative roads.
19. Pohnpei has a fiber-optic ring around the main centre of Kolonia . Mobile infrastructures are made of 17 cell towers. 4G isavailable in Kolonia. However, there are many black spots that remain and 3G mobile broadband covers only about 40% of themain road. Off the main island connectivity is made possible via submarine fiber cable Hantru-1, although this is limited incoverage to locations in close proximity to Pohnpei itself.
20. In Yap, fixed line connectivity network is made of copper and fiber optic cable. Broadband is accessible up to 4.5 miles from thecentral office. Mobile infrastructures are made of eight cell sites, including three cell sites that support 3G, but some black spots
remain in the coverage.
21. Chuuk, Pohnpei and Yap all have installed submarine cables that are cable of supplying 100 gigabyte/second once activatedfully. Kosrae will be linked to the East Micronesia Cable once installed with similar speeds.
22. On the outer islands across the four states (except Kosrae which does not have outer islands), there is essentially no existing
fixed line infrastructure. Likewise, there is almost no mobile infrastructure except for Ulithi. Some cell towers in the Mortlock
Islands Group of Chuuk State provide some connectivity; however, the infrastructure is often unreliable and lacks maintenance,
especially when damaged by storm events.
23. Examples of existing infrastructure is shown in Figure 2.

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Digital FSM Environmental and Social Management Plan

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Digital FSM Environmental and Social Management Plan

Digital FSM ESMP FINAL 201924

Digital FSM Environmental and Social Management Plan

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Digital FSM Environmental and Social Management Plan

Figure 2 Examples of Existing Infrastructure and Road Easements

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Digital FSM Environmental and Social Management Plan

4 DESCRIPTION OF THE ACTIVITIES
4.1. PROJECT DEVELOPMENT OBJECTIVES
24. The Digital FSM Project’s development objective is to expand access to the internet, promote private sector investment in digital
services and establish the critical foundations for digital government services and the digital economy. The Digital FSM Projectwill support the Government of FSM’s efforts to move towards an integrated Digital Government Platform (DGP) that will help toprovide greater efficiency and resource-sharing within Government, facilitate better communication with citizens and residents,
and introduce a more service-oriented approach to serving individuals and business users. Technical assistance will also be
provided on legal, regulatory and policy related issues, including core telecommunications sector regulation, and to build trust
around the use of digital services.
25. Undersea fiber optic cable was installed under a previous project (Palau-FSM Connectivity Project) to the main island in Chuuk,
Pohnpei and Yap. As highlighted previously, Kosrae will be linked to the East Micronesia Cable (EMC) once installed in late 2020
to early 2021. As part of the Digital FSM Project, domestic terrestrial fiber will be installed in the urban and rural areas of all themain islands, with the current preference is for the fiber to be above ground, although it may be underground in some locations.
Mobile 4G base stations and satellite connectivity will be installed on outer islands (volcanic and atoll) with populations >100
people (estimated at 42 islands), although an assessment will need to be undertaken in atoll groups were there may be <100 on
a specific island, but >100 within the an atoll in close proximity to each other that microwave can be used.
26. A significant proportion of the population will benefit from access to improved mobile and broadband services. Over the medium
term, the rollout of digital government services will enable individuals and businesses to benefit from increased access to corepublic services, particularly people in remote areas or on the outer islands who are currently excluded.

4.2. PROJECT OVERVIEW
27. The Digital FSM Project has four (4) components as per the disclosed Project Information Documents (PID). The generalactivities under each component are outlined below:
Component One: National Digital Connectivity Infrastructure1.

Improving national data connectivity though the installation of high-speed domestic (terrestrial) fiber network around the mainisland in each of the four states with a target of passing 80% of premises and connecting as many homes and businesses
as possible to the network with Fiber to the Home (FTTH) technology. The infrastructure will predominantly use existing
poles to provide the infrastructure for above ground fiber services and where necessary, there will be micro-trenching toinstall the fiber cable below ground where above ground is not feasible. Any FTTH connection will be above ground;2.

Bridging the connectivity gap for outer islands with the installation of microwave towers to provide 4G Long Term Evolution(LTE) technology and satellite connectivity to provide mobile internet. This technology will be constructed in atolls/islands
with more than 100 people (42 islands) via a Public Private Partnership (PPP) mechanism;

Component Two: Digital Government Platform
1.

Development of an all of Government Digital Government Strategic Framework (DGSF) to improve Government businessprocesses and workflow efficiencies increasing access to services, and enhancing the quality of life for citizens and residents,
while reducing the complexity for businesses transacting with Government.;

3.

National ID system to provide a unique legal identity to all citizens and residents of FSM, and facilitate the authentication ofthat identity and electronic signature online. The objective of this voluntary process is to increase access to and enable thedigitalization of public and private sector services;4.

Secure Government Network and Data Center, Disaster Recovery/Business Continuity and Government Cloud (FSM-Cloud);5.

Design and implementation of a National Government Portal to facilitate citizen and business access to public information;
and6.

Implementation of selected e-Services in key sectors (e.g. health, agriculture, urban, transport and education).

Component Three: Enabling Environment for Digital Government and Digital Economy
1.

Creation of a legal and regulatory framework for Digital Government through the development of institutional and data
governance arrangements, particularly around data security, data protection, authentication protocols and processes,
privacy, transparency, non-discrimination, Netsafe principles and practices, and support for digital transactions;2.

Creation and rollout of a Government’s Cyber Security Program which will include the development of operational andadministrative standards, assurance, monitoring, audit and Cyber-Security Emergency Response capabilities; andDigital FSM ESMP FINAL 201927

Digital FSM Environmental and Social Management Plan
3.

Telecommunications Regulatory Support, which will include assistance with respect to licensing, interconnection, wholesale
access, spectrum issues, quality of service monitoring and enforcement, technical regulation, and leadership and advocacy
issues.

4.

Strengthening of the Gender Division in the National Government to promote gender mainstreaming at the National andState level during the development and implementation of new policies and regulatory reforms for digital services and thedevelopment of the digital economy.

Component Four: Project Management
1.

Provide funding for the Project Management Unit within the DTCI and for the Central Implementation Unit for the
management of this and other projects over four years.

4.3. PROJECT COMPONENTS
4.3.1. Component 1: National Digital Connectivity Infrastructure
28. Component One is designed to improve digital connectivity by supporting the establishment of national fiber networks on themain island in each state and to connect outer islands to mobile broadband 4G LTE services (investigations will be undertaken
as to higher level technologies at the time of implementation).
4.3.2. Subcomponent 1.1. Improving national connectivity:
29. The Digital FSM Project will utilize existing infrastructure (power poles) to install above ground fiber across the main islands andwhere not possible to use the poles, the project will install fiber underground through the use of micro-trenching. The installationof any new poles where necessary will be relatively simple. When poles cannot be installed, micro-trenching which is a form of
cutting the substrate with a type of saw will be used, and as such, heavy machinery such as excavators, bobcats and trucks are
not required. The micro-trenching will be undertaken normally on the side of the road within the current road easements. Fromthe main network, individual above ground fiber will be used for Fiber To The Home (FTTH). The fiber cable will come to eachhouse as requested. Once at the house, the owner or tenant will need to purchase a service from an individual company that isallowed to sell telecommunication services in Micronesia. It is likely that the installation of the fiber will bring new
telecommunications companies to Micronesia to supply the services.
30. In locations where fiber is not viable, microwave towers will be placed within line of sight to bridge the connectivity. The towers
will usually take up an area of about 15 meters by 10 meters, including space to be powered by solar. Examples of a tower are
shown in Figure 2. Microwave towers require line of sight and has a footprint on both sides.
31. The infrastructure will be laid and owned by FSMTCC (Open Access Entity - OAE) as the wholesaler and then private companies
will purchase data from FSMTCC who will then on-sell that data to private businesses and the community. Individuals cannot
purchase directly from FSMTCC (OAE). By developing the infrastructure, this will establish a network that doesn’t require
telecommunications companies to need to expend up-front capital costs and reduces their investment risk. Through this, theprice of telecommunications in FSM should be much lower than currently provided.
32. The work force in a particular location is likely to be limited to ten international staff and some local labor. Works are estimatedto take about one month in any one location, with some shorter also possible. The labor force travelling to outer atolls may be atsea for a long period of time to reach all locations, most likely on the government field ship.
33. The backbone fiber optic cable will follow existing easements for primary and secondary roads. However, there are some
exceptions, including:•

Kosrae - a section of coastal road is proposed to be relocated to higher ground and the new alignment may not yet haveeasements in place. There is a future proposed “cross-island” road, which may need future fiber cable connectivity. The
remote community of Walung on the northwestern side of the island is likely to be connected via microwave link and thenfiber only within the village area, however the gravel access road may need to be improved (e.g. graded and compacted) toenable access for construction equipment and materials. Permissions would need to be negotiated for the fiber to be laid;•

Chuuk - within Chuuk Lagoon it is proposed to install fiber cables on five lagoonal islands, including Weno, Tonoas, Udot,
Fefan and Uman islands, although the final location and technology will be confirmed during project implementation. Only
Weno and Tonoas have existing roads and easements in place, and land permissions for the other three islands will need
to be established. Further, new base stations (microwave) are proposed for the Faichuk Island group (in three locations),
Parem and Uman islands, which will require land permission and potentially ongoing leases for small land parcels for the
towers and associated power supply. LTE capacity is also proposed to be added to sites with existing Telecom GSM towers
on Weno, Udot, Romanum, Takuro, Fred, Netutu and Polle islands, which will require negotiations with Telecom and potential
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Digital FSM Environmental and Social Management Plan•

Yap - Rumung island (one of the four islands of “Yap Proper”) has no formal road, easements or power supply currently.
Due to the population size and the prohibitive cost of shallow marine cable, it is likely that a microwave link would be
preferable for this community.;

34. The above will be fully assessed during the infrastructure design phase for Component One.
35. Examples of current road easements are contained in Figure 3.

Figure 3 Example Road Easement and Infrastructure Locations
4.3.3. Subcomponent 1.2. Bridging the connectivity gap for outer islands:
36. Subcomponent two will build telecommunications infrastructure on outer islands and where an undersea cable cannot be
installed. The construction of the infrastructure and connectivity services (4G LTE base stations and satellite connectivity) willallow access to the internet in locations that currently do not have access or where they do, extremely slow and costly services.
FSMTCC (OAE) will pay for the infrastructure with a private sector operator to install and maintain core infrastructure and offer
specified services for up to 42 underserved outer islands.
37. Depending on the topography of each atoll, satellite technology may be attached to existing structures with power supplies (suchas a school, dispensary, cell tower, or other existing public building). However, in some cases towers may need to be constructedin order to distribute the connection across a wider area (e.g. multiple islands in an atoll). In this case, there may be a requirement
for some land to be leased. The preference would be to site these wherever possible within the footprint of existing governmentbuilding lease areas Based on the site assessment, the towers could take up an area of about 15 meters by 10 meters particularly
if being powered by solar if placed on land. Examples of a tower are shown in Figure 2. Examples of potential tower locations
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Digital FSM Environmental and Social Management Planare contained in Figure 3. Where Government leased land is not possible, alternative land arrangements will need to beestablished. During the design phase, all communities will be consulted to ensure land access and the location of theinfrastructure is acceptable to the community. It is anticipated that construction works at each location will be completed withina few weeks.
4.3.4. Component 2: Digital Government Platform:
38. Component Two will finance a range of interventions and investments including the development and implementation of anationwide Digital Government Strategic Framework (DGSF). This DGSF will be non-infrastructure nationally and across the fourstates for five subcomponents as identified below.
a.

Development of a Digital Government Strategic Framework (DGSF). The DGSF will provide a platform for theGovernment’s use of digital technologies. The DGSF will be “whole of Government” approach. Governance, services
delivery and implementation arrangements will be detailed in the DGSF. The DGSF will be to improve Government
business process and workflow efficiencies, and though this, it will increase the population’s access to services, while
reducing the complexity for businesses transacting with Government. The Government will undertake department andstakeholder consultations at both the National and State levels. The DGSF will align with the Government’s Sector
Development Plans, the FSM Infrastructure Development Plan for FY2016-FY2025 (IDP) and other specific strategicplans.

b.

National ID system. This subcomponent will develop a voluntary National Digital Identification (NDID) system to provide
an interface and authentication system so individuals can identify themselves so they can access government data. The
subcomponent will ensure human rights, privacy, and the security is maintained so as individuals can feel safe that theirdata will not be used for other purposes. The NDID will greatly benefit access to health information, the ability to establish
a company and e-commerce both within and external to Micronesia.

c.

Secure Government Network and Data Center, Disaster Recovery/Business Continuity and Government Cloud(FSM-Cloud). This subcomponent will design a Digital Government Infrastructure and Platform to support information
systems and applications, including secure email, for government users. The component will evaluate the use of thecloud for the storage of data and specifically consider climate change impacts, disaster risks security, resource
management, operational and capital cost of operations, continuity of operations, and total cost of ownership.

d.

Design and implementation of a National Government Portal. This subcomponent will develop a “one stop shop”
for citizen and business wanting to access public information, and for any interactions and transactions with Government
ministries and agencies. The “one stop shop” will allow consistency in the implementation of information services ineach agency.

e.

Implementation of selected e-Services. This subcomponent will develop selected digital services, based on areadiness assessment for digital services (institutional as well as technical). The subcomponent will provide advisory
support to implement modifications related to business processes within relevant ministries and agencies. The focus
will be on developing e-services and smart solutions in key sectors (such as health, agriculture, urban, transport andeducation) to provide convenient access to various government services.

4.3.5. Component 3: Enabling environment for Digital Government and Digital Economy:
39. Component Three will provide technical assistance for the development of the legal and regulatory mechanisms required tounderpin the investments in digital government and the digital economy. Component Three provide ongoing support on traditional
regulatory issues for the telecommunications sector, particularly to promote investment, technological innovation and evolution,and the long-term interests of users of digital services. The Component has four subcomponents as listed below:a.

Legal and Regulatory Framework for Digital Government. This subcomponent will develop advisory services forestablishing and modernizing the legal and regulatory frameworks, along with institutional and data governancearrangements, particularly with respect to data security, data protection, authentication protocols and processes,
privacy, transparency, non-discrimination, and support for digital transactions. This subcomponent will also financeadvisory services for data governance and data protection safeguards specifically to strengthen data privacy andprevent the misuse of data, which is an essential part of supporting digital government and the transition to a digital
economy.

b.

Creation and rollout of a Government’s Cyber Security Program. This subcomponent will provide funding to engage
consultancies and capacity building activities to develop operational and administrative standards, assurance,
monitoring, audit and Cyber-Security Emergency Response (CERT) capabilities. The Cyber Security Program will also
include security training and awareness programs for all government users, government Information Technology (IT)and security professionals, management, citizens and the private sector. This information is especially important given
Micronesia’s status with the United States of America and the protection of the Micronesian population.

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Telecommunications Regulatory Support. This subcomponent will provide support and capacity for the independent
Telecommunication Regulation Authority (TRA) that oversees all telecommunication businesses in Micronesia. The
subcomponent will leverage off existing activities that are currently supporting the TRA under the Digital FSM Project,including licensing, interconnection, wholesale access, spectrum issues, quality of service monitoring and enforcement,
technical regulation, and leadership and advocacy issues in the long-term interests of users. The subcomponent will
also support institutional capacity building, particularly to strengthen the ability for the TRA to deliver on any additional
responsibilities.

d.

Strengthening of the Gender Division in the National Government. This subcomponent will provide funding toengage consultancies and capacity building activities to promote gender mainstreaming at the National and State level
through the development and implementation of new laws, regulations and policies around the telecommunications
sector in Micronesia. This is a critical component of the Digital FSM Project based on consultations with communities.

4.3.6. Component 4. Project Management
40. This component will provide the Government of FSM with monies to manage World Bank projects in Micronesia over the next
four years.

4.4. CONNECTIVITY OPTIONS
41. As part of the development of this ESMP, consideration was given to potential options for Component 1 to mitigate or manage
potential impacts in each location. The below provides an overview of the current considered options and alternatives That will
be refined during detailed design. project implementation. The design team will work with the communities to identify the needs,
benefits, land access issues and will refine the design and make recommendations on the best option for each location. The final
technical design may have differing social and environmental impacts that may require further assessment.
•

Fiber to the Home (FTTH); or•

Fiber to the Node (FTTN) – with “last mile” fiber or 5G options.

42. In addition, for islands within Chuuk Lagoon, Rumung Island (Yap Proper) and Walung (Kosrae), the options being considered
include microwave towers to reach these communities.

4.4.1. Fiber to the Home (FTTH)
43. FTTH is also sometimes referred to as fiber to the premises, whereby fiber cable is installed to each home, business or
government building. This will be undertaken using existing electricity poles and stringing a fiber cable along the existing routeof electricity cable..
44. FTTH avoids potential inequality of access to the service based on ability to pay for the fiber connection. FTTH would ensurethat all households are able to obtain a fiber cable connection, and that the “last mile” of the fiber is owned, maintained andreplaced if needed by FSMTCC (OAE) rather than by each land holder.
4.4.2. Fiber to the Node (FTTN)
45. In the event that 5G technology has become established at the time the project proceeds, this may be a cost effective andbeneficial “leapfrog” option. The backbone would require Fibre to a Node, coupled with 5G for connectivity to users from eachnode (instead of the “last mile” fiber to each premises). This option, if viable, would offer a number of advantages. It would avoid
the cost and land implications of laying cables to each premises, reduce the visual impact of additional overhead cables inlocations where underground isn’t feasible, and would ensure that FSM is benefitting from the most up to date technology
available at the time of construction. It would also ensure equal access to all users regardless of income level and be available
without additional infrastructure cost in areas where new houses or other buildings are constructed within the range of the 5G
nodes. It should be noted that 5G would likely require specific community consultations, given (potentially unfounded) community
concern regarding health implications of 5G.
4.4.3. Microwave Connections
46. For islands within Chuuk Lagoon, Rumung Island (Yap Proper) and Walung (Kosrae), microwave towers are one of the options
being considered to get the signal to these communities. Microwave connections require line of site between the towers on either
end of the connection, and the land for these tower sites would need to be carefully selected to provide the optimal connectivity,
whilst considering impact to existing community amenity and land ownership on both sides of the connection.

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47. Other options include additional submarine cables, although it is likely that these will be prohibitively expensive and subject topotential high ongoing maintenance costs as damage is more probably in shallow water..
48. Depending on the selected sites for microwave or 5G towers, there may be a need for land to be acquired or leased.
4.4.4. Satellite Connections to Outer Atolls
49. For outer islands, the proposed design is satellite dishes to be attached to the side of existing public buildings, such as schoolsor health dispensaries.
50. The topography of some atolls may require a tower to broadcast the signal across larger areas, to multiple islands within the atoll
structure. In cases where this is required, an assessment of the land implications would need to be undertaken.

4.5. PROJECT BENEFITS AND BENEFICIARIES
51. Independent economic analysis of the proposed project indicated that “economically speaking, except for one scenario in Yap,
all Fixed Broadband scenarios show positive Economic impacts and the Mobile Broadband scenario shows high positive results
for all FSM islands.3”
52. Stakeholder consultations have indicated overwhelming support for the Digital FSM project, with perceived level of benefits tobe extremely high. Expected benefits of the project include improved access to information, social connections to family andfriends in other locations, improved access to educational resources, banking services, opportunities for increased economic
participation, access to government eServices (including the health system), increased use of internet for meetings instead ofrequiring physical travel, and many more. Remittances are a major source of revenue for families in FSM, and internet
connectivity will make these vastly easier to access. Online purchasing has also been identified as a major benefit to individuals
and businesses.
53. Increased internet connectivity through the Digital FSM project will undoubtedly be beneficial for the people of FSM. However,increased access will also introduce some risks, as is experienced globally.
54. Project beneficiaries are expected to be all internet users – individuals, businesses, schools, hospitals and health clinics, NGOs
and government departments. However, it is possible that some potential beneficiaries may be excluded from project benefits
and allowing a ‘digital divide’ to develop, as has been seen in Australia and elsewhere. The Telecommunications Regulatory
Authority (TRA) will have a key role to play in ensuring equal access for all FSM citizens, accounting for disadvantage fromincome level, disability, gender, age or remoteness, through structured pricing models. Project Sub-Components 3A and 3C
include technical assistance to TRA, including considerations of non-discrimination in the regulatory framework (Component 3A)
and “leadership and advocacy issues in the long-term interests of users” (Component 3C).

3 Polyconseil, FSM Connectivity Project, Economic and Financial Assessment, 26 July 2019

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5 INSTITUTIONAL AND LEGAL FRAMEWORK FOR ENVIRONMENTAL AND SOCIAL MATTERS
5.1. INTRODUCTION
55. The following section provides an overview of the institutional and legal framework under which the Digital FSM Project will be
undertaken.

5.2. FSM LEGISLATION, REGULATIONS AND POLICIES
5.2.1. Introduction
56. The Government of FSM is modeled after the federal system similar to that of the United States with a national president andfour state governors with respective legislatures and judiciaries. The government of Chuuk, Pohnpei and Yap has four levels ofgovernance – National, State, municipal, and traditional. Kosrae does not have the fourth level of government, as it no longer
has traditional leadership in comparison to the three other States.
57. The four states where the Digital FSM Project will be implemented have considerable degrees of autonomy. Each State
Government has its own Constitutional Government, consisting of the three branches: Executive, Legislative and Judicial, typicalof the Westminster system.
58. Each State also has its own set of environmental and social laws and regulations geared to protect the States from among otherthings, the effects of climate change. Under the Compact II, Article VI and section 161 of Title II, FSM is committed to applying
the National Environmental Policy Act 1969 (since repealed) and “to develop and implement standards and procedures to protect
its environment.”
59. The following pieces of legislation are relevant to the Digital FSM Project.
5.2.2. National Legislation, Policies and Regulations
60. There is very limited legislation relating to public consultations or indigenous peoples. The main social legislation is included in
the relevant environmental laws and Codes as described below.
5.2.2.1. Constitution
61. The Constitution, as the supreme law of FSM, establishes a system of national, state and municipal governance. Each State isrequired to have its own democratic constitution. The Constitution refers to traditional practice and custom as a guiding influencein all aspects of decision-making in FSM and seeks to preserve the role of tradition and custom in FSM life. To support this, aCouncil of Chiefs, consisting of traditional leaders and elected representatives, is provided for in the Constitution.
62. The Nation’s executive powers are vested in the President who is elected by Congress for a four-year term and limited to no
more than two consecutive terms. The President appoints judges, ambassadors and principal officers of government
departments in the National Government.
63. The National Government’s judicial power is vested in the Supreme Court, and subsidiary courts, established by statute. The
Supreme Court consists of a Chief Justice, the chief administrator for the national judicial system. The Chief Justice may besupported by no more than five associates. Court decisions are constitutionally required to be consistent with Micronesiancustoms and traditions.
64. The legislative power of the National Government is vested in Congress. The Congress includes one member elected from eachof the four States, an additional member elected from congressional districts in each State apportioned by population. Chuuk,
Pohnpei and Yap may decide that one of its seats be reserved for a traditional leader in place of one of the elected
representatives.
65. To enact a law, a Bill must pass the first reading with a two-thirds majority of all members and then pass the final reading on a
two-thirds vote of all State delegations, each delegation having cast one vote. Congress can also override a Presidential veto bya three-quarter vote of all State delegations, each casting a single vote.
66. Regulation development, as prescribed under the Federated States of Micronesia Administrative Procedures Act, requires thewidespread publication and dissemination of proposed regulations before adoption, including radio announcements in English
and indigenous languages. Opportunities for public comment and public hearings are incorporated in the Act.
67. In most instances, national legislation is supplemented, or even duplicated, by State legislation. This provisional review isconfined to current national legislation based on the report prepared by Elizabeth Harding in 1992. That report recommends a
thorough review of existing FSM environmental and natural resource legislation with the objective of rationalizing existing laws
and regulations, providing a more effective mechanism for coordination at both National and State levels and removing outmoded
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Digital FSM Environmental and Social Management Planlaw that was promulgated under the Trust Territory Arrangements. Apart from some specific areas of environmental and natural
resources law, such as Title 24 directed at the administration of fishing within the exclusive economic zone, this need still exists.
5.2.2.2. Environmental legislation
68. The Environment Protection Act (revised Code 2014) is a national government declaration of on-going commitment, incooperation with State and municipal governments, and other concerned public and private organizations, to use all practicablemeans and measures, including financial and technical assistance, in a manner calculated to foster and promote the general
welfare, to create and maintain conditions under which the people of FSM and nature can exist in productive harmony, and fulfill
the social, economic, and other requirements of present and future generations of FSM.
69. The Act declares that it is the continuing responsibility of the FSM to use all practicable means, consistent with other essentialconsiderations of national policy, to improve and coordinate governmental plans, functions, programs, and resources to the end
that the inhabitants of the FSM may:a.

Fulfil the responsibilities for each generation as trustee of the environment for succeeding generations;b.

Assure for all Micronesians safe, healthful, productive, and aesthetical and culturally pleasing surroundings;c.

Attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other
undesirable or unintended consequences; andd.

Preserve important historic, cultural, and natural aspects of our Micronesian heritage, and maintain, wherever possible,
an environment, which supports diversity and variety of individual choice.

70. The effort to protect and preserve the environment needs to be carried forward in close cooperation with the States in theformulation of policy, enforcement, and other activities.
71. The FSM recognizes that each person has a responsibility to contribute to the preservation and enhancement of the environment.
Section 302 of the Environmental Impact Assessment Act states that - 1) any person, prior to taking any action that may
significantly affect the quality of the environment within the Exclusive Economic Zone of the Federated States of Micronesia, orwithin the boundaries of the National Capital Complex at Palikir, must submit an environmental impact statement to the Director,
in accordance with regulations established by the Director. (2) The environmental impact statements required by subsection (1)of this section are public documents.
72. Building on the Trust Territory Environmental Quality Protection Act (Title 25 of the FSMC), the FSM Environmental Protection
Act 1984 (FSM EPA), and its subordinate instruments, seeks to provide the legislative basis for the protection of the environment,
including cultural, historic and natural aspects of Micronesian heritage, throughout FSM. The Act acknowledges that close cooperation between the National and State Governments is required to support this objective.
73. The 1969 Act established the Environmental Protection Board within the Office of the President. The Board is composed of fivemembers: “one member from each State and one member appointed by the President”. In 1987, an Act to Reorganize theGovernment of the FSM redefined the Board to mean the Secretary for Human Resources.
74. The Act requires the Secretary to enter into written cooperative arrangements with the States or State agencies for the purposesof providing funds to the States, collecting data on local needs and transferring authority to the States to act as agents of the
National Government in implementing environmental programs at the State level. Such delegation of functions may be withdrawn
on written advice from the Secretary if the delegation results in termination of any financial grant.
75. The Secretary, as a result, has broad authority to protect health, welfare and safety and to implement policy and strategies,
through the promulgation of regulations, to remedy pollution and contamination of air, land and water. Current regulations, whichdraws heavily on legislation in place during the Trust Territory arrangements include:a.

Trust Territory Air Pollution Control Standards and Regulations 1980 -This Regulation sets air quality standards by
preventing or controlling the emissions of air contaminants at their source. The Regulations incorporates US-EPA
National Emission Standards for Hazardous Air Pollutants;b.

Trust Territory Pesticides Regulations 1980 - this Regulation establishes a system of control for the importation,
distribution, sale and use of pesticides. Systems of permits and certification are established under the Regulations;c.

Public Water Supply Systems Regulations 1983 - The FSM EPA prescribes “drinking water regulations” as applying to
public water systems and specifies contaminants, which may adversely impact on human health, safe levels ofcontaminants and describes procedures and criteria to secure safe drinking water supplies. The 1983 Regulation
establishes minimum standards and requirements to ensure that water supply systems are protected against
contamination and pollution and do not constitute a health hazard. The Secretary of Human Resources administers theRegulation;d.

Marine and Freshwater Quality Standards Regulations 1986 - This Regulation identifies the uses for which waters of
FSM shall be maintained and protected, to specify water quality standards required to maintain the designated use andto prescribe requirements to maintain specified water quality. Any entity responsible for a point source of discharge that

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threatens a breach of these standards, unless it has received a discharge permit under the National Pollutant Discharge
Elimination System (NPDES) from the United States Environment Protection Agency, is in breach of these Regulations;e.

Trust Territory Solid Waste Regulations 1979 - These Regulations establish minimum standards for the design,
construction, installation, operation and maintenance of solid waste storage, collection and disposal systems. “Solid
Waste” is defined as “garbage, refuse, and other discarded solid waste materials” not including substances in water
sources, but including liquid waste such as waste oil, pesticides, paints, solvents and hazardous waste. A “disposal
system” includes the entire process of storage, collection, transportation, processing and disposal of solid waste by any
person or authority;f.

Toilet Facilities and Sewerage Disposal Regulations 1977 - The purpose of these Regulations is to establish minimum
standards for toilet facilities and sewerage disposal to reduce environmental pollution, health hazards, and public
nuisance from such facilities. Standards are established for i) flush toilets connected to a sewerage system available tothe public, ii) flush toilets connected to septic tanks and iii) a pit privy or outside banjo. All public and private buildings
require toilet disposal facilities approved by the Secretary of Human Resources. The Regulations make it unlawful todispose of treated or semi-treated sewerage into any body of water in FSM, unless it can be clearly demonstrated thatsuch activity is necessary for the economic and social benefit or research and that the activity poses no public healthhazard;g.

FSM EPA Earthmoving Regulations 1988 - These Regulations provide that “no person shall release funds, equipment
or materials or building permit to those engaged in earthmoving activities requiring a permit until a permit is issued by
the Secretary of Human Resources.” Earthmoving is defined to include activities of a continuous nature such as
excavation or quarrying which disturb or alter the surface of the land. Earthmoving also applies to the subdivision ofland, and the moving, depositing or storing of soil, rock, or earth; andh.

FSM EPA Environmental Impact Assessment Regulations 1989 - These Regulations require the National Government
and its agencies to submit an Environmental Impact Statement (EIS) to the Secretary of Human Resources prior to
taking any “major” action significantly effecting the quality of the human environment. “Effect” is defined to include
indirect, direct and cumulative effects in areas such as land use, population density, air, water and natural systems
including ecosystems. “Effects” may be ecological, aesthetic, cultural, historical, economic, social or health related.
“Significant Impacts”, as determined as a result of a preliminary assessment, requires a Comprehensive Environmental
Impact Assessment (EIA). Draft EIA statements are to be made available for public comment and review, including
provision for a public hearing.

5.2.2.3. Resource Development, Management and Conservation
76. Title 23 – Resource Conservation (Chapter 2) of the Trust Territory Endangered Species Act 1975 provides for the protection ofendangered flora and fauna. The Act declares the indigenous plants and animals of the FSM to be of aesthetic, ecological,
historical, recreational, scientific and economic value. The Act further states that the policy of FSM is to foster the wellbeing offlora and fauna including the prevention of the extinction of any species.
77. The Act is administered by the FSM Director of the Department of Resources and Development and provides the Director withthe authority to set up conservation and research programs aimed at conserving endangered and threatened species. It also
provides authority to acquire land or aquatic habitats for the conservation resident endangered or threatened species. It is
uncertain if any acquisitions or associated conservation programs have been established by the Department.
78. The Act, anticipating the FSM’s ratification of the Convention on International Trade in Endangered Species of Wild Flora andFauna (CITES), prohibits the importation of any species listed by CITES. A subsidiary to the Endangered Species Act is theRegulation, Chapter 5; Endangered Species, which lists endangered species with FSM or pan-Micronesian ranges. The list
includes the blue and sperm whale; the Chuuk Micronesian pigeon; the hawksbill and leatherback turtles; nightingale reed
warbler; Chuuk greater white eye; Pohnpei great white eye; Pohnpei mountain starling (since pronounced as extinct); Chuuk
Palm and the Chuuk poison tree. The Act provides for supporting regulations to be promulgated. None have been issued to date.
5.2.2.4. Cultural Heritage
79. The FSM Code Title 26 – Historical Sites and Antiquities states that it is FSM policy to protect and preserve the diverse cultural
heritage of the peoples of Micronesia and to identify and maintain areas, sites and objects of historical significance. “Cultural
attribute” is defined to include: all aspects of local culture, tradition, arts, crafts, all social institutions, forms of expression andmodes of social interaction. “Historical property” is defined to mean sites, structures, building, objects, and areas of significanceto local history, archeology and culture. “Historical artefact” means an object 30 years or more in age.
80. Although the Act allows for the establishment of the Institute of Micronesian Culture and History, the Institute was neverestablished and, in 1987, the relevant section of the Act was repealed. The administrative body charged with the preservation ofcultural heritage is the Office of Administration Services, which established the Division of Historic Preservation in 1988. The
Division is currently staffed by one Historic Preservation Officer. To promote liaison with the States, local staff are employed toassist with the work of the Division in the States.
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5.2.3. State Legislation, Policies and Regulations
81. The following sections provide a list of relevant Legislation, Policies and Regulations and the State level.
5.2.3.1. Chuuk
82. The following Chuuk laws and policies that may apply to the Digital FSM Project:a.

Chuuk Constitution 1989;b.

Memorandum of Understanding (MOU) between the State and National Governments delegating State power toadminister, at State level, the Solid Waste Management Permit Program and the Solid Waste Management Permit
Variance Program;c.

Memorandum of Understanding (MOU) between the State and National Governments delegating State power toadminister, at State level, the National Earthmoving Regulations;d.

Memorandum of Understanding (MOU) between the State and National Governments delegating State power toadminister, at State level, the Pesticides Applicator Certification Program and the Restricted Use Pesticide Dealer
License Program; ande.

Chuuk State Historic Preservations Act – relating to wrecks in Chuuk lagoon as might be relevant to any subsea fiber
cable laid within Chuuk Lagoon.

83. Chuuk has developed a template for Land Access Agreements that is managed by the State Land Management Office whichallows a grantor to assign an easement and right of way for the installation, operation, maintenance and repair of all utilities (it isassumed that telecommunications equipment would be a utility) including but not limited to underground and above ground waterand sewerage pipelines, and electric power transmission lines together with all necessary related equipment.
5.2.3.2. Kosrae
84. The following Kosrae laws and policies that may apply to the Digital FSM:a.

Constitution of the State of Kosrae;b.

Kosrae State Code Title 7, Chapter 4 which establishes the Kosrae EPA;c.

Kosrae State Code Title 9, which establishes the Kosrae Protected Areas System;d.

Kosrae Island Resource Management Act;e.

Kosrae Code Section 13.506 related to littering;f.

Kosrae Code Section 13.514 related to water quality;g.

Kosrae Code Section 11.1401 and 11.1402 (a regulation) concerning the impact review for the protection of antiquities
and traditional culture;h.

Kosrae Code Section 11.1602 related to Psittacine birds;

i.

Kosrae Code Section 13.1201 related to toilets and the disposal of human excreta; andj.

Kosrae Code Section 13.524 – endangering a species.

85. The Government of Kosrae is currently undertaking a process of analysis all easements with the State.
5.2.4. Pohnpei
86. The following Pohnpei laws and policies that may apply to the Digital FSM:a.

The Constitution of Pohnpei;b.

Public Trust Lands Distribution Act 1980;c.

Public Lands Act 1987;d.

Deed of Trust Act 1987;e.

Trust Territory Environmental Protection Act (preserved from the Trust Territory environmental law) and subordinate
regulations relating to i) air pollution, ii) pesticides, iii) public water supply systems, iv) marine and freshwater quality, v)
solid waste, vi) toilet facilities and sewerage disposal, and vii) earthmoving;f.

Transportation Zone Act 1987;

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Conservation and Resource Enforcement Act 1982;h.

Forest Management Act 1979;i.

Pohnpei Watershed Forest Reserve and Mangrove Protection Act 1987 and subordinate regulations (draft) to both theForest Management Act and Pohnpei Watershed Forest Reserve and Mangrove Protection Act 1987; andj.

Designation of State Bird Act.

5.2.5. Yap
87. The following Yap laws and policies that may apply to the Digital FSM:a.

Constitution of the State of Yap;b.

Environmental Quality Protection Act 1987 and subordinate draft pesticide regulations;c.

Draft Water Supply Systems Regulations – based on the U.S. Trust Territory Public Water Supply Systems Regulations;d.

Trust Territory Solid Waste Regulations 1979;e.

Draft Toilet Facilities and Sewerage Disposal Regulations;f.

Draft Earthmoving and Sedimentation Regulations;g.

Yap State Code Chapter 10, Section 1008 – wildlife conservation;h.

Yap State Code Title 18, Chapter 10, Section 1010 – cultured species;i.

Yap State Code Title 18, Chapter 10, Section 1101 – fruit bats; andj.

Yap State Code Title 20, Chapter 3 – building permits.

5.3. ENVIRONMENTAL IMPACT ASSESSMENT IN FSM
5.3.1. FSM Environmental Impact Assessment Regulations
88. The purpose of the EIA Regulations is to implement Section 13 of the Federated States of Micronesia Environmental Protection
Act by establishing standard procedures for preparation of an environmental impact assessment statement prior to taking or
funding any major action that may significantly affect the quality of the human environment.
89. Part I (l) defines Project Proponents as the FSM National Government or its agencies or the recipient of funding from the FSM
National Government or its agencies, that propose to undertake any major action significantly affecting the quality of the humanenvironment. Part II (2.1) requires project proponents “to conduct an EIA itself or contracts for its conduct, and is responsible
entirely for its adequacy, and timely completion.”
90. Part II (2.2) empowers the Secretary of the Department of Human Resources to receive EIA Statements and to review them forcompliance with 25 F.S.M.C. 702 and the regulations in terms of format, adequacy of information and objectivity. The Secretaryshall only authorize commencement of projects or release of funds for the proposed project if s/he determines that the EIA
Statement is sufficient. No permits shall be issued until approval of the EIA Statement by the Secretary.
91. Part III sets out the EIA process. Part IV elaborates on this process, which is a two-step assessment process with the first step
being the submission of an Initial Assessment using a checklist template. If following evaluation there are potentially severe
environmental impacts, then a Comprehensive EIA is required. The contents of the Comprehensive EIA are set out in Part V.
92. The EIA process is intended to help the general public and government officials make decisions with the understanding of theenvironmental consequences of their decisions, and take actions consistent with the goal of protecting, restoring, and enhancing
the environment. These regulations provide the directions to achieve this purpose. In addition, these regulations are designed
to:a.

Integrate the EIA process into early planning of projects to ensure timely consideration of environmental factors and to
avoid delays; andb.

Identify at an early stage the significant environmental issues requiring further study and de-emphasize insignificant
issues, thereby defining the scope of the EIA.

5.3.2. State EIA regulations
93. The four States of FSM each have their respective state level regulation elaborating on the National EIA Regulation andstipulating their specific requirements. The state level EIA Regulations are briefly discussed below.

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5.3.2.1. Chuuk State Environmental Protection Act 1994
94. The Chuuk State Environmental Protection Act 1994 creates and empowers the Chuuk State EPA. Section 1005 defines thefunctions and powers of the Chuuk EPA, one of which (para f) is:“Establish and provide for the continuing administration of a permit system whereby a permit shall be required before
the discharge by any person of any pollutant in the air, lands and water or for the conduct by any person of any activity,
including but not limited to, the operation, construction, expansion, alteration of any facilities.”
95. Section 1006 of the Act states that “A person shall submit an environmental impact statement to the Agency, in accordance withregulations established by the Agency, prior to taking any major action which may substantially affect the quality of theenvironment.”
96. There are penalties for any persons who violate the Act or any permits, orders etc issued under it. The Act is not clear regarding
the process of applying for a permit, and the environmental assessment requirements to support such an application.
5.3.2.2. Kosrae State Development Regulation 2014
97. The purpose of the Kosrae State Development Regulation 2014 is to implement Title 7, Chapter 4 of the Kosrae Code byestablishing the EIA process which is intended to help the general public and government officials make decisions “with theunderstanding of the environmental consequences of their decisions, and take actions consistent with the goal of protecting,restoring, and enhancing the environment. In addition, the regulations are intended to:a.

Integrate the EIA process into the early planning of projects to ensure timely consideration of environmental factors inorder to avoid delays; andb.

Identify at an early stage the significant environmental issues requiring further study and de-emphasize insignificant
issues, thereby defining the scope of the Environmental Impact Statement ("EIS").”

98. The Regulation defines a "development project" to mean the construction, alteration, movement, fill, removal, disposal or any
other modification to the land or coastal areas. A development project can include, but is not limited to the installation, placing,or building of surface structures, utility lines, shopping centers, clearing land, golf courses, apartment complexes, hotels, schools,
roads, parking areas, or any other similar activity. It also defines "earthmoving" to mean any construction or other activity which
disturbs or alters the surface of the land, including, but not limited to excavations, embankments, land development, subdivisiondevelopment, mineral extraction, and the moving, depositing or storing of soil, rock, or earth.
99. Section under Part III sets forth a Development Review Permit Process, which among other things, requires the developer to
conduct initial consultation with the Kosrae Island Resource Management Authority to explain the planned development and to
determine if a Development Review Permit application is necessary. If necessary, the proponent then submits an application fora Development Review Permit including an EIA Checklist (and other attachments). The review of the application will involve a
determination if an EIS is necessary, depending on the Technical Advisory Committee’s assessment of the nature and severityof the potential impacts. A Development Review Permit will be granted by the Kosrae Island Resource Management Authority.
100. The DRC also determines if (under Section 3.7) the proposal requires a public information meeting “whenever it is reasonably
foreseeable that a project will result in a significant impact to the environment. DRC will ensure that all affected persons will havethe opportunity to provide input, written or oral, for the project.”
5.3.2.3. Pohnpei State Legislative Framework
101. Pohnpei’s Environmental Protection Act 1992 establishes a procedure for preparation of an environmental assessment statement
prior to any action that may significantly affect the quality of the human environment. The degree of environmental assessment
detail for a project depends upon the significance of its potential environmental impacts. Significance of the action is determinedby the EPA on consideration of an Initial Assessment (with a prescribed checklist) submitted by a proponent.
102. The EPA receives the environmental assessment document and reviews it for compliance with S.L. No. 3L-26-92 and theregulations in terms of format, adequacy of information and objectivity. The EPA authorizes commencement of a project, througha permitting process, only if it determines that the assessment is sufficient. Once the completed assessment is presented to the
EPA Board of Directors and upon the final deliberations of the EPA Board, a permit will be given to the project proponent withconditions for compliance of the project proponent as required by EPA regulations.
103. There is a range of potentially required permits and licenses for a major development in Pohnpei. These comprise:a.

EPA Earthmoving Permit;b.

Land Ownership documentation;c.

Forestry Clearance;d.

Municipal Government Clearance (planning approval);

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Department of Lands approval; andf.

Historic Preservation clearance.

104. The Environmental Protection Act 1992 also requires the active assistance of all government authorities to achieve its goals.
The result, in practice, is that only the EPA Earthmoving Permit is required. This applies to projects with significant amounts ofearthworks. Its focus is the management of soil and water conservation.
5.3.2.4. Yap - Regulations for Environmental Impact Assessment, Title II, Chapter I. 1995
105. Administered by the Yap State Environmental Protection Agency (YSEPA), the Regulation for Environmental Impact Assessment
1995 implements the Yap State Environmental Quality Protection Act by establishing standard procedures for the preparation of
an EIS prior to any action proposed to be undertaken in Yap State that may significantly affect the quality of the human or naturalenvironment. In addition, these regulations are designed to:a.

Integrate the EIA process into early planning of projects to ensure timely consideration of environmental factors and to
avoid delays; andb.

Identify at an early stage the significant environmental issues that may require further study thereby the, scope of theEIA.

106. The Regulation requires that all projects require a Preliminary Environmental Impact Statement (PEIS) (Part II; 2.1, 2.2) prior toand preferably early in the planning stages of the development proposal. The PEIS will comprise of the following information:a.

A brief description of the project;b.

A description of the environmental setting of the project;c.

A general description of the project's technical, economic, social, health, and environmental effects;d.

The further identification of possible environmental impacts by use of the checklist provided in the Regulation under
Appendix A;e.

Possible alternatives to mitigate any adverse impacts;f.

A brief description of the need for the proposed project (e.g. community benefit, environmental benefit); andg.

The name of the person or persons who prepared or participated in preparing the PEIS.

107. There are exemptions from the preparation of a PEIS for activities that “will probably have minimal or no significant effects on
the environment.” Among those exempted activities are “(1) Operations, repairs, or maintenance of existing structures, facilities,
equipment, or topographical features, involving negligible or no expansion or change of use beyond that previously existing; (2)Interior alterations involving things such as partitions, plumbing, and electrical conveyances.”
108. Where the environmental impacts in the PEIS is assessed by the EPA Board to be have severe potential impacts, the proponent
is required to prepare a more detailed environmental assessment report (Draft EIS) which will be reviewed and commented onby the EPA Board and others including the public, and these comments are send to the Proponent for review and incorporation
into the Final EIS.
109. A process of public consultation and review of the Draft EIS is also provided in the Regulation (Section 3.4) with all writtencomments to be received by EPA after a specified period. The EPA Board makes a determination whether or not to approve theproposal, with or without conditions, or to decline, within 30 days of submission of the finalized EIS.
5.3.3. Labor Law
110. FSM has national legislation that outlines worker’s rights. The Labor Code outlines hiring of non-resident workers, labor
development, and other requirements. The Labor Code requires:a.

Non-resident workers to obtain health certificates, and have a minimum of two years of related work experience;b.

Any benefits provided to non-resident construction workers, such as housing, transport, etc. will also be provided to any
national contractor who is required to leave their principle place of residence for work;c.

Applications for foreign workers are needed, unless the foreign workers will be in the country less than 90 days; andd.

Minimum employment conditions outlined in the Code apply to all foreign workers.

111. There is minimal legislation related to occupational health and safety. The Public Employment Code 2014 requires that workers
exposed to hazardous working conditions are paid 25% more.

5.4. WORLD BANK ENVIRONMENTAL AND SOCIAL STANDARDS
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112. The key Environmental and Social Standards (ESS) that are relevant to this project and require specific instruments to beprepared are:a.

ESS1 – Assessment and Management of Environmental and Social Risks and Impacts;b.

ESS2 – Labor and Working Conditions;c.

ESS3 – Resource Efficiency and Pollution Prevention and Management;d.

ESS4 – Community Health and Safety;e.

ESS5 – Land Acquisition, Restrictions on Land Use and Involuntary Resettlement;f.

ESS6 – Biodiversity Conservation and Sustainable Management of Living Natural Resources;g.

ESS8 – Cultural Heritage; andh.

ESS10 – Stakeholder Engagement and Information Disclosure.

113. The following ESS are not relevant to the Project:a.

ESS7 – Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities; andb.

ESS9 – Financial Intermediaries.

114. As a result of this assessment, the Borrower is required to prepare the following instruments in accordance with the World Bank’s
Environmental and Social Framework (ESF):
a.

ESMP;

b.

Land Access Process;c.

Environmental and Social Commitment Plan (ESCP);d.

Labor Management Procedure (LMP) (Chapter 8); ande.

Stakeholder Engagement Plan (SEP).

115. This ESMP is an integral part of compliance with the ESF. Screening of known activities and those likely to be undertaken has
indicates an assessment of “moderate” for the project for both environmental and social risks and impacts. This screening findsthat impacts are less significant and that a range of potential measures for mitigation can be readily designed.
5.4.1. ESS1: Assessment and Management of Environmental and Social Risks and Impacts
116. The environmental and social risks and impacts primarily arise from Project Component 1 - the installation and operation ofterrestrial and mobile internet infrastructure (fiber cable, satellite towers and dishes, small equipment sheds and boxes), andalso to the technical advisory such as developing the Digital Government Strategy Framework (DGSF) and National ID system.
117. The environmental risks are minor and relate primarily to managing earthworks and waste during infrastructure installation andmaintenance. The risks to the community and workers during installation and maintenance relate to health and safety disruptions
to access to properties and businesses. These types of risks can be managed through the mitigation measures in Chapter 7 theinstallation of infrastructure, training of workers and good supervision and oversight of mitigation measures, as outlined in the
Labor Management Procedures (LMP).
118. The social benefits of increased connectivity are increased access to government services, welfare, education, health etc., andbetter connectivity to family, friends and social networks. This is particularly beneficial to those who may be considered vulnerable
due to disabilities, people isolated from the broader community due to unemployment, parental roles, age, etc. and people living
in remote island communities. Social risks relating to increased connectivity are commonly understood to be exposure to scams,
fraud, identify theft, viruses, hacking, cyber-bullying, gambling, addiction, online grooming of children, exposure to illicit material
and the dark web, and risks relating to unequal access based on income, gender, age or ability.
5.4.2. ESS2: Labor and Working Conditions
119. The Digital FSM Project will require contractors to install equipment, the terrestrial fiber network and the Government will enter
into a Public-Private Partnership for the installation of equipment in the outer islands. Local labor where feasible should be used(a priority) and in compliance with local labor requirements and ESS2. ESS2 requirements will be mandated through the project
ESMP, bid documents, contracts and in the PPP agreement, and supervised by the Project Manager and CIU safeguard team.
120. The Labor Management Procedures (LMP) are outlined in Section 9. This describes the findings of the ESA, national labor
policies and practices, the types of project workers that are likely to be involved, the procedures to apply ESS2, and a grievancemechanism. Labor influx issues are also addressed in the LMP.

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5.4.3. ESS3: Resource Efficiency and Pollution Prevention and Management
121. ESS3 is only of minor relevance. There will be no emissions of pollution and no significant energy or water use required ininstallation or operation of the infrastructure. Small amounts of waste may be produced during installation and can be effectively
managed under the ESMP to avoid and limit waste to landfill and maximize recycling and reuse.
5.4.4. ESS4: Community Health and Safety
122. Community health and safety issues, which may occur with the project are considered to be minor and manageable. These are
expected to include road safety and pedestrian safety during micro-trenching, and the installation of above ground infrastructure.
The Contractors may bring in workers from overseas and therefore there may be risks to the local communities from the labor
influx. There are documented cases of imported labor creating markets for sex workers in FSM, and this will be a key risk
requiring management. The social assessment has identified issues in FSM relating to labor rights, issues with imported labor,
gender, gender-based violence, child labor, demand for sex workers, trafficking and suitable management measures andmitigations are defined in the ESMP.
5.4.5. ESS5: Land Acquisition, Restrictions on Land Use and Involuntary Resettlement
Land access will be required to install the fibre network on the main islands and the mobile and satellite infrastructure on outerislands, thought use of land is not expected to result in any significant impacts. Where possible government land will be prioritisedby using existing easements alongside roads for the installation of the fibre cable, and existing government leased plots for
towers or poles where possible. Where this is not available, infrastructure will be located on private land. Access will be agreed
via a negotiated lease arrangement or land use agreement for all land, regardless of choice of technology or location. Where
voluntary arrangements can not be agreed, alternative land will be found for project infrastructure or alternative connectivity
infrastructure will be proposed where possible. The project will not compulsory acquire land or require any involuntary land
access. Livelihood impacts will largely avoided though appropriate siting of infrastructure. There is potential for impacts to crops
or trees during construction such as the need to trim existing vegetation (eg during stringing of cables, installation of poles orunderground cable) and operation (eg restriction on activities, ongoing maintenance) but significant impacts, including tolivelihood, are excluded from project activities. The Land Access Process, consistent with the objectives of ESS5, outlines theprocess for managing land impacts and agreeing lease arrangements or voluntary land use agreements.
5.4.6. ESS6: Biodiversity Conservation and Sustainable Management of Living Natural Resources
123. ESS6 has minor relevance to the Project. The footprint of the infrastructure is small and will mostly be laid within roadreserve/easement or on Government-leased land. Most infrastructure is flexible in its location and areas of natural habitat orconservation value can be avoided. Any physical disturbances will be minor and readily mitigated. Chapter 7 contains mitigation
measures to avoid and remedy the minor impacts on vegetation and other habitats that may be disturbed.
5.4.7. ESS7: Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities
124. The majority of people in FSM are Micronesian and will be the overwhelming beneficiaries for the project. The social assessment
and project consultations have been conducted in accordance with ESS7 and the cultural needs of the people in each State.
The SEP has identified outer islanders as potentially more vulnerable, due primarily to the remoteness of their communities, andaddressed the specific needs for consultations of these groups.
5.4.8. ESS8: Cultural Heritage125. ESS8 has minor relevance to the Project. The footprint of the infrastructure is small and will mostly be laid within road reserveor on government-leased land. Most infrastructure is flexible in its location and cultural heritage sites can be avoided. Chapter 7
contains mitigation measures to avoid impacts on cultural heritage, including consultation, identification and protection of keysites and the implementation of chance find procedures.
5.4.9. ESS9: Financial Intermediaries
126. Not relevant.
5.4.10.ESS10: Stakeholder Engagement and Information Disclosure
127. Stakeholder engagement is critical in the role out of infrastructure and access to improved services but also critical in thedevelopment and implementation of the institutional and democratic frameworks for improved e-Government services. A social
assessment has been carried out to inform the stakeholder engagement plan. Consultations have been carried out in the local

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languages and in culturally appropriate formats. Additional resources may be required to assist in the development of an inclusive
e-Government framework where stakeholders are fully engaged.
5.4.11.Other Relevant Project Risks
128. The project applies to all four states of FSM. There is a contextual risk due to the federated nature of the country, with different
responsibilities between the Federal and State Governments and logistical aspects of managing risks, due to the PMU being
based in Pohnpei at the national Government.
5.4.12.World Bank General Environmental, Health and Safety Guidelines129. The World Bank Group’s General Environmental, Health, and Safety Guidelines (EHS Guidelines) (World Bank Group, 2007)
represent good international practice for managing occupational health and safety (OHS) risks. The EHS Guidelines contain theperformance levels and measures that are generally considered to be achievable in new facilities by existing technology atreasonable costs.
130. The fundamental premise for OHS under the EHS Guidelines is that “Employers and supervisors are obliged to implement allreasonable precautions to protect the health and safety of workers” and that “Companies should hire contractors that have thetechnical capability to manage the occupational health and safety issues of their employees…”.
131. The overall OHS philosophy embodied in the EHS Guidelines is that preventive and protective measures should be introduced
according to the following order of priority:a.

Eliminating the hazard by removing the activity from the work process. Examples include substitution with lesshazardous chemicals, using different manufacturing processes, etc.;b.

Controlling the hazard at its source through use of engineering controls. Examples include local exhaust ventilation,
isolation rooms, machine guarding, acoustic insulating, etc.;c.

Minimizing the hazard through design of safe work systems and administrative or institutional control measures.
Examples include job rotation, training safe work procedures, lock-out and tag-out, workplace monitoring, limiting
exposure or work duration, etc; andd.

Providing appropriate Personal Protective Equipment (PPE) in conjunction with training, use, and maintenance of thePPE.

132. The EHS Guidelines also require that prevention and control measures to minimize occupational hazards should be based oncomprehensive Job Safety Analyses (JSA). The EHS guidelines apply to the design, construction and operation of facilities thatare part of the Digital FSM.
133. All workers engaged on the Digital FSM will need to be covered under the terms of the EHS Guidelines.

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6 POTENTIAL ENVIRONMENTAL AND SOCIAL IMPACTS
6.1. SUMMARY OF ANTICIPATED ENVIRONMENTAL AND SOCIAL IMPACTS
134. Given the known likely nature of the project activities, there are unlikely to be significant environmental and social impacts.
Screening has identified the following potential negative environmental and social impacts of the project. In locations where fiber
will be installed in road easements, these environs are already disturbed. It is anticipated that any outer island infrastructure will
be located in or on government property and/or land and therefore, again, this is brownfield environment.
6.1.1. Sensitive Receptors
135. Across the four States, there are likely to be sensitive receptors including schools, hospitals, churches, graves, cultural heritage
sites and/or artefacts and important habitats and/or habitats for important species that may be encountered while implementing
the Digital FSM Project. Prior to doing any works, an assessment of the sensitive receptors will be undertaken to ensure that the
project will not in any way impact the receptor. The current alignments do not pass through any National Parks. The assessment
may include for example but not limited to, discussions with community, Government, and for example, ecological surveys as
required.
136. Particular attention would need to be paid to hospitals and other emergency services (police, fire stations, etc.) to ensure accessis not restricted during construction works.
6.1.2. Environmental Impacts
137. The environmental risks are considered minor and relate primarily to managing underground activities where they occur andwaste during infrastructure installation and maintenance. The risks to the community and workers during installation andmaintenance relate to health and safety disruptions to access to properties and businesses. These types of risks can be managed
through effective codes of practice for the installation of infrastructure, training of workers and good supervision and oversight of
mitigation measures.
138. There are a number of potential minor impacts associated with the works including but not limited to the potential erosion andsediment movement where micro-trenching is undertake and/or the installation of new poles during rainfall events. The likelihoodof these impacts is low, and the impacts are considered to also be low.
139. Micro-trenching equipment can generate noise levels within and along the Digital FSM Project footprint and route. All microtrenching will be restricted to 7am to 5pm between Monday to Saturday. The likelihood of the impacts is low, and the impacts
are considered to also be minor.
140. The Digital FSM project is unlikely to result in significant waste. There may be the potential for sediment waste from digging offootings for towers. The likelihood of the impacts is low, and the impacts are considered to also be minor.
141. There is unlikely to be any significant impacts on terrestrial, aquatic and marine ecology although it is likely that there will besome vegetation clearing for both above ground and any underground works. Terrestrially, the sites are all disturbed. As such,the likelihood of any impacts is considered to slight with negligible impact. The Digital FSM Project is also unlikely to have asignificant impact on marine environments. The Digital FSM Project will not construct any new structures that will reduce fish
movement and/or alter existing benthic environments and moreover, will not undertake in water activities. The likelihood of the
impacts is minor, and the impacts are considered to also be minor.
142. The main biological impacts will be the trimming and/or removal of vegetation. The likelihood of this is high although the impact
will be low. It is critical to ensure no protected vegetation is removed.
143. Invasive species already occur across the four states. When undertaking the importation of any equipment, it will be necessary
to ensure no invasive species are contained within the importation and movement of equipment between the states of equipment
etc. The likelihood of these impacts is minor, and the impacts are considered to also be minor.
144. In locations where there is a need for towers to be built (for microwave or satellite connectivity) with associated power supply(such as solar panels and batteries), there may be impacts in terms of vegetation clearing. There are also the potential impacts
associated with the use of vessels working within the islands and the potential for these vessels to run aground, albeit, this impact
is likely to be rare.
145. The final technical design for each location has not yet been finalized. There was discussion about the potential for additionalterrestrial cables in Kosrae to connect Walung. If the ongoing consultations, technical and financial considerations determinethat these approaches are preferred, there would be a need for further environmental assessment of the proposed marine
locations and landing areas along with easement locations for underground and/or above ground fiber.

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6.1.3. Social Impacts
6.1.3.1. Physical Infrastructure – Planning, Construction and Maintenance146. Social risks of the physical infrastructure component are minor and relate primarily to land, influx of construction workers(approximately 10 foreign workers) within communities, community and worker health and safety during construction, public
perceptions of FSM Telecom and the Open Access Entity (OAE), unequal access for disadvantaged households (including
female headed and people living with disabilities), and exacerbating existing risks associated with internet usage.
147. There are some social risks that may relate to the placement of infrastructure. The siting of infrastructure may affect existingland uses such as gardens, stalls, etc., and these will need to be screened during the consultation processes and site visits. For
example, on Tonoas, old concrete pads that were used for infrastructure during World War II could be repurposed for internet
infrastructure, but they are currently being used by the residents for other purposes (sanitation, laundry).
148. The Digital FSM Project will provide Fiber To The Home (FTTH), which would be a significant social benefit as it increases thelikelihood of access by the poorest households and is the most cost and time effective way forward. FTTH involves connecting
the fiber to each individual private property (homes and businesses) where it is technically feasible to do so and where people
have requested connection. All connections will be above ground. There are existing easements for utilities that allow utilities toaccess private land for the purposes of provision of public services, which includes the FSM Telecom and may the FSMTCC(OAE) if this new entity can be formally recognized as a utility in each state in order to ensure that the legislation for utilities canbe applied. There may be some impacts to private residences or business where the services are connected, including removalof trees (food or shade), gardens including crops, fences and other minor constructions. These can mostly be avoided, and if
not, discussed and agreed with landowners in writing prior to any works being undertaken.
149. The construction workforce is expected to consist of approximately 10 foreign workers, including technicians and project
managers, working with local labor. Work will be carried out in isolated locations, though the duration of workers in any one placeis possibly up to one month or so, however this will vary from location to location. The main risk of the influx of workers is related
to harassment or violence towards community members, particularly vulnerable women and children, as they would be working
at every household and premises if FTTH proceeds. However, this is also likely to bring some economic benefits in the form of
additional economic spending where work is being undertaken. Given the small number of workers however, this is likely to belimited. Whilst the time on each island is likely to be small, if the work is conducted from the government field ship visiting multiple
locations, the time at sea may be quite lengthy.
150. Community health and safety during construction is largely related to potential traffic risks associated with blocking off parts ofroads whilst works are undertaken, as well as the risks to the community of the workers as above.
151. Worker health and safety risks are those associated with construction such as working at height and proximity to construction
equipment, which is anticipated to include local workers. Identified risks have been outlined in the Labor Management Procedures(LMP).
152. For outer atolls, there is a risk of assets not being maintained or long lag times in any needed repairs if the systems fail. This
could be addressed through training locals in each site on basic maintenance, repairs and troubleshooting, which also bring
benefits associated with local employment opportunities (albeit limited). The FSMTCC’s (OAE) business plan should also
demonstrate the viability of supporting ongoing maintenance to assets in these remote locations, to ensure it is financially viable
to do so. Digital Government Platform
153. In order to deliver government eServices and a portal as proposed under Component 2 of the project, a National ID system has
been proposed to provide a unique legal identity to all citizens and residents of FSM and facilitate the authentication of that
identity and electronic signature online. This is a voluntary initiative and existing systems will remain in place, however accessto services may be reduced over time for people who choose not to participate.
154. Significant preparation would need to be undertaken to articulate the potential benefits, use, security and privacy of this systemand data. Significant stakeholder engagement would be required to ensure that the community have broad and deep
understanding of this proposed system, ramifications and protections, their ability to opt/in or out of the system, and potential
benefits, risks and types of data to be linked to it. The Cyber Security component would address the potential risks from hacking
and misuse of private information by third parties.
155. Stakeholder engagement would also be required regarding each proposed government eService under Component 2 and indeveloping the proposed strategic framework, including with the relevant State and National Departments to understand existing
related activities. Consultation on gender mainstreaming is also needed. The project gender assessment and implications are to
be undertaken as a separate process resulting in a standalone report. This should be referred to as required.
6.1.3.2. Operational Impacts
156. Increased internet connectivity through the Digital FSM project will undoubtedly be beneficial for the people of FSM. Stakeholder
consultations have indicated overwhelming support for the Digital FSM project, with perceived level of benefits to be extremely
high. Expected benefits of the project include improved access to information, social connections to family and friends in other
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locations, improved access to educational resources, banking services, opportunities for increased economic participation,access to government eServices (including the health system), increased use of internet for meetings instead of requiring
physical travel, and many more. Remittances are a major source of revenue for families in FSM, and internet connectivity will
make these vastly easier to access. Online purchasing has also been identified as a major benefit to individuals and businesses.
157. Social risks arising from internet access include those outlined below. Notably, these risks already exist in FSM, given fairly
widespread albeit slow and limited speed access to the internet, some of the time, and in some locations; however, they would
be exacerbated through the project and the number of affected people would be expected to increase. This project will increase
the speed, reliability, availability of the internet, reduce costs of internet services and would be expected to result in an increase
to the number of internet users and significant social benefits. However, it would also increase exposure to online risks that areexperienced globally, including:a.

Changes to culture, community, society, way oflife and social discourse;b.

Political interference;c.

Scams, fraud and identify theft;d.

Viruses and hacking;e.

Access to the dark web;f.

Gambling and addiction;g.

Illegal adult content;h.

Revenge pornography;i.

Cyber bullying;j.

Children being exposed to violent or adultcontent;k.

Inappropriate use of social media;l.

Child grooming; andm. Increased opportunities for human trafficking.
158. FSM citizens may be particularly appealing targets for online scams, fraud and identify theft due to their rights to work, live andstudy in the USA as a result of the Compact of Free Association between the USA and FSM. Given the fairly recent introductionof internet to FSM, the population currently have fairly limited understanding of these risks and are more likely to fall for scams.
Identity theft is a particular risk, as it would allow people access to the USA.
159. There are also risks relating to unequal access based on gender, age or ability. Gender-based violence may be an issue, withwomen’s groups reporting awareness of one or more instances of men denying their wives access to phones/internet overconcern of affairs or neglecting domestic and childcare duties. Conversely the internet will enable more information on genderbased violence prevention, rights and access to emergency support.
160. These risks are no different in scale and nature from what is experienced world-wide in terms of internet access, and don’t need
to be overstated in the context of FSM or as compared to impacts already being experienced due to current connectivity. The
only features that differentiate FSM are that people may be connecting to the internet for the first time, meaning they are lesssavvy than other users to increasingly sophisticated scams, and also the particular appeal of FSM citizens for scams due to theperception that they enable ‘backdoor’ access to the USA through the Compact.

6.2. ASSESSMENT OF ENVIRONMENTAL AND SOCIAL IMPACTS
161. Table 1 highlights the anticipated environmental and social impacts of each stage of each component of the Digital FSM Project.
The final site and technology selection under Component 1 will be further developed and confirmed during project
implementation, with the significant input of beneficiaries through consultations.

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Parameters

Significant Potential Impacts

Mitigation Measures

Location

Timing/Duration

Who
Implements

WhoSupervises

Undertake appropriate due diligenceduring design to ensure sensitive
receptors will not be impacted andincorporate this information into design. A
site visit should be conducted to ensurethat there are no impacts to the sensitive
receptors.

Nationwide but
particularly on
lagoon andouter islands.

Preliminary
Design.

Project
Manager and
FSMTCC –OAE.

CIU Safeguard
Team.

Prioritize use of existing government
leased lands. Where Government land is
not available, the FSMTCC (OAE) should
follow existing processes, particularly
those in Chuuk and Kosrae with respect
to the use of private land for utilities. In
Yap, discussions with the relevantCouncils should be undertaken to accessany land.

Terrestrial
project sites.

During project
design.

Project
Manager and
CIU Safeguard
Team.

DoTCI and WB.

Chuuk Lagoon.

During project
design.

Project
Manager.

DoFA CIU
safeguards
team

COMPONENT 1 - DESIGN / PRECONSTRUCTION PHASE
Physical and Ecological Environment
Component One
Infrastructure Design

Planning for the construction of
infrastructure and micro-trenching insensitive environments.

Socio-Economic Environment
Landowner Agreements

Landowners or occupiers may lose accessto assets and / or income as a result ofconstruction activities.

Any land use agreement to be negotiatedvoluntarily.
Compensation for lost assets such as
trees and crops.
Loss of land or access to land or structuresdue to installation of proposed fiber cables
in Chuuk Lagoon islands without existingeasements.

Digital FSM ESMP FINAL 2019Engage in process of obtaining
permissions from clans/landowners.
Assessment of cultural heritage impacts
required for any proposed sites without
existing roads or easements.

46

Digital FSM Environmental and Social Management Plan
Parameters

Significant Potential Impacts

Mitigation Measures

Location

Timing/Duration

Who
Implements

WhoSupervises

Loss of land or access to land or structuresdue to installation of proposed tower
locations in Chuuk Lagoon islands.

Prioritize use of existing government
leased lands. Where not possible,
discuss with community as to possible
locations for development and enter into
the appropriate land agreement.

Chuuk Lagoon.

During project
design.

Project
Manager.

CIU Safeguard
Team.

Kosrae,Walung.

During project
design.

Project
Manager.

CIU Safeguard
Team.

Rumung, Yap
Proper.

During project
design.

Project
Manager.

CIU Safeguard
Team.

Confirm site selection in consultation with
communities and/or landowners.
Engage in process of obtaining
permissions from clans.
Assessment of cultural heritage impacts
required for proposed sites that are noton existing government land.
Loss of land or access to land or structuresdue to installation of proposed fiber cables
and microwave tower site in Walung
community.

Prioritize use of existing government
leased lands for tower location –tentatively the school site.
Engage in process of obtaining
permissions in collaboration with ADB –State Government (electricity project insame area where permissions are inprocess of being obtained).
Confirm site selection in consultation with
communities, including considerations ofcultural heritage.

Loss of land or access to land or structuresdue to installation of proposed microwave
tower site in Rumung community, Yap
State.

Prioritize use of existing government
leased lands for tower locations on bothsides.
Confirm site selection in consultation withchiefs, Rumung Senator and landowners
Assessment of cultural heritage impacts
required for proposed sites that are noton existing government land.

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Digital FSM Environmental and Social Management Plan
Parameters

Cultural Heritage

Significant Potential Impacts

Parameters

Location

Timing/Duration

Who
Implements

WhoSupervises

During project
design.

Project
Manager.

CIU Safeguard
Team.

Loss of land or access to land or structuresdue to installation of proposed satellite
infrastructure in outer atolls.

Prioritize use of existing governmentbuildings with power supplies.

Chuuk, Pohnpei
and Yap.

Confirm site selection in consultation with
Councils of Chiefs and/or elected officials
for outer islands and landowners,
including cultural heritage considerations.

Outerislands/atolls
with over 100
people (approx.
42).

No major impacts are foreseen as the
project is intended to follow existing
roadways and service provision lines orfootpaths or on private land where
landowners provide consent.

Any sites selected for microwave towers
or other related backbone infrastructure
to be assessed for cultural heritage
implications in collaboration with
communities / landowners before
proceeding with any land permissionagreements / leases.

Nationwide.

Site Selection.

CIU Safeguard
Team.

Project
Manager.

Implement the Stakeholder Engagement
Plan (SEP).

Nationwide.

Throughout
project
implementation.

CIU Safeguard
Team.

DoTCI & ProjectManager.

Location

Timing/Duration

Who
Implements

WhoSupervises

However, site selection will need toconsider the cultural heritage value.
Community
Engagement

Mitigation Measures

Misconceptions regarding the projectraising community concerns.

Significant Potential Impacts

Mitigation Measures

COMPONENT 1 - CONSTRUCTION PHASE
Physical and Ecological Environment
Pollution Prevention

Digital FSM ESMP FINAL 2019

Potential (although minor) erosion andsediment movement from sites during microtrenching and pole installation during rainfall
events.

Implement erosion drainage and sedimentcontrol measures included in the ESMPand relevant annexures.

Nationwide.

DuringConstruction.

Contractor
CIU.

/

Project Manager
andCIU
Safeguard team.

Impacts to water quality from sediment
movement.

Implement ESMP and relevant annexures.

Nationwide.

DuringConstruction.

Contractor
CIU.

/

Project Manager
and
CIU

48

Digital FSM Environmental and Social Management Plan
Parameters

Significant Potential Impacts

Mitigation Measures

Location

Timing/Duration

Who
Implements

WhoSupervises
Safeguard
Team.

Impacts from noise during construction andmicro-trenching activities.

Implement ESMP and relevant annexures.

Nationwide.

DuringConstruction.

Contractor
CIU.

/

Project Manager
andCIU
Safeguard
Team.

Nationwide.

DuringConstruction.

Contractor
CIU.

/

Project Manager
andCIU
Safeguard
Team.

Nationwide(main islands).

During bidding
and contracting
and for theduration ofworks.

Contractor.

Project
Manager and
CIU Safeguard
Team.

Nationwide.

Prior tocommencementof works.

Contractor /CIU.

Project
Manager and
CIU Safeguard
Team.

All machinery and vehicles used will be
restricted to 7am to 5pm.
Undertake monitoring as required.

Biodiversity
Conservation

Impacts on terrestrial, aquatic and marine
ecology through clearing and other activities
for Component One. The impacts are likely
to be minor in nature and very localized.

Implement ESMP and relevant annexures.
Undertake an assessment of any relevant
sensitive receptors.
Undertake visual monitoring of disturbed
areas as necessary.

Socio-Economic Environment
Worker Health and
SafetyWorkers are harmed through not taking
appropriate hazard identification andmitigation steps.

Guidelines for managing worker healthand safety on site to be required fromContractors as part of the bid process
and included in the contracts.
Processes to be reviewed in 1-day
contractor workshop.

Influx of Workers(approximately 10
foreign workers plus
local labor)

Digital FSM ESMP FINAL 2019

Impacts are associated with personnel
recruited from outside the local community
such as increased instances of HIV/AIDs or
tuberculosis.

The contractor will be responsible for
ensuring that all local and foreign project
staff are given and attend training forprevention of GBV and HIV/AIDS.

Additionally, the Contractor and/or
Consultants accept that gender-based
violence (GBV) might occur as anunintended consequence of foreign workers
taking advantage of local women or
children, especially given the project
involves works at the level of every
household, school, hospital, business, etc.

Project workers, project managers andthe Contracting company are required tosign a code of conduct (in the bid
documentation) after the training andprior to commencement of works.
Foreign workers are required to submit all
required medical and police clearance
certification as part of the visa application
49

Digital FSM Environmental and Social Management Plan
Parameters

Land and Assets

Significant Potential Impacts

Mitigation Measures

Communities in outer atolls will be
particularly at risk given their remotenature, traditional communities and workers
arriving by ship for up to two weeks
depending on the schedule while waiting forthe return of the vessel, after potentiallylengthy periods at sea moving from one
outer atoll to the next.

process. No person shall be exempt fromthis requirement.

Minor impact to householders or small /informal businesses of assets resulting
from construction works as part of FTTH,

All FTTH installations to be requested bylandowners, with an opportunity provided
to identify potential assets of note to be
avoided.

Location

Timing/Duration

Who
Implements

WhoSupervises

Nationwide(main islands).

Pre-construction
and for theduration ofworks.

Contractor.

Project
Manager and
CIU Safeguard
Team.

Implement provisions of the Land accessprocess. Contractors to evaluate eachlocation on arrival, considering any
potential impacts to landowners(including those already identified, as wellas any previously unidentified items).
If any potential impacts are identified,landowners to agree in writing to theworks proceeding.
Community Health and
SafetyCommunities are harmed on construction
sites through hazards that are not mitigatedor managed (e.g. traffic incidents).

Prepare a community health and safety
plan to anticipate and minimize risks andimpacts on community health and safety,
and they would be contractually required
to follow the ESMP.

Nationwide(main islands).

During bidding
and contracting
and for theduration ofworks.

Contractor.

Project
Manager.

AccessTemporary loss of access to terrestrial
facilities during trenching works.

Implement Land Access process.
Provide Provision of electronic and print
notices to nearby businesses,
residences, community representatives or
facilities to notify of construction scheduleand contact person in case of inquiries.

Nationwide.

Prior toterrestrial
works.

CIU Safeguard
Team.

Project
Manager.

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Digital FSM Environmental and Social Management Plan
Parameters
Traffic

Significant Potential Impacts

Mitigation Measures

Location

Timing/Duration

Who
Implements

WhoSupervises

Disruption to traffic flow around project sites
while works are underway.

A traffic management plan would need to
be prepared by the Contractor and as acontract requirement. Will include issues
associated with speed, vehicle
maintenance etc. Contractor will be
responsible for restoring any damage toproperty or assets. Any damage to roadsurface will be reported immediately to
CIU.

Nationwide(main islands).

Duration ofworks.

Contractor.

Project
Manager.

Undertake activities including:Nationwide.

Ongoing.

TRA and OAE.

Project
Manager and
CIU Safeguard
Team.

Nationwide.

During project
design.

TRA and OAE.

Project
Manager and

COMPONENT 1 - OPERATIONS
Physical and Ecological Environment
No anticipated environmental impacts
Socio-Economic Environment
Social Impacts

Significant potential positive impacts tocommunities, arising from the internet’s
potential to increase connection tocommunities and family members, accessto educational resources, improved accessto health information and emergency androutine care, emergency response, banking
facilities, access to increase employment
opportunities and tourism businesses, anda myriad of upcoming technologicaladvantages.

a.

Parental awareness raisingprogram;b.

Cyber-bullying and social media
awareness raising; andc.

Broad community awarenessraising on scams, fraud, viruses,
hacking and identify theft.

Potential for social impact/s in small
relatively isolated communities arising fromaccess to internet, including illegal content,
scams, and gambling etc.
Equal Access

Digital FSM ESMP FINAL 2019

Potential for low income households to be
excluded from project benefits if the cost ofinternet connectivity is prohibitive.

A strategy for ensuring low-income
households, including female-headedhouseholds, can access internet services

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Digital FSM Environmental and Social Management Plan
Parameters

Significant Potential Impacts

Mitigation Measures

Risk of disparate rates of internet accessand use by gender, following global trend of
women being less digitally connected.

needs to be developed, such as throughsubsidies or widespread free accesspoints.

Location

Timing/Duration

Who
Implements

WhoSupervises
CIU Safeguard
Team.

The Telecommunication Regulatory
Authority (TRA) needs to structure a
pricing model that balances sustainability
and equity considerations, as part ofComponent 3.
Gender Based ViolenceHarmful digital communication and cybersafety risks for women

Legal and regulatory framework for digital
government to include consideration of
GBV risks (Component 3A).

Nationwide.

Ongoing.

Project
Manager

CIU Safeguard
Team.

Recommendations on cyber-security
protections to be integrated into systemdesign by recognized cyber-security
experts.

Nationwide.

Ongoing.

Project
Manager.

CIU Safeguard
Team.

COMPONENT 2, 3 AND 4
Physical and Ecological Environment
No anticipated environmental impacts
Socio-Economic Environment
Proposed National ID
system (voluntary)

Risk of data hacking and misuse by third
parties (domestic or international).

Community consultations focused on the
proposed national ID system, to identify
and address community concerns.

Digital Government

Digital FSM ESMP FINAL 2019

Inappropriate government use of citizen
data.

Establish and legislate guidelines aroundappropriate use of citizen data, including
monitoring and enforcement.

Nationwide.

Ongoing.

Project
Manager.

CIU Safeguard
Team.

The Digital Government Strategic
Framework, portal and eServices are

Ensure that the Stakeholder Engagement
Plan is followed during the development

Nationwide.

Ongoing.

Project
Manager.

CIU Safeguard
Team.

52

Digital FSM Environmental and Social Management Plan
Parameters

GenderSignificant Potential Impacts

Mitigation Measuresdeveloped without appropriate community
consultation, including women.

of the Framework, and that community
feedback is factored into the strategy.

The potential benefits of increased
availability of ICT services may not beshared equally among men and women.
Unequal access to ICT could lead toincreased gender inequalities in economic
opportunities and further diminish women'svoice and influence in society.

Provision of support to the Gender
Development Office of the National
Government through Component 3D.

Location

Nationwide.

Timing/Duration

Ongoing.

Table 1 Anticipated Environmental and Social Impacts by Component and Stage of Project

Digital FSM ESMP FINAL 2019

53

Who
Implements

Project
Manager.

Who
Supervises

CIU Safeguard
Team.

Digital FSM Environmental and Social Management Plan

7 ENVIRONMENTAL AND SOCIAL IMPACT MITIGATION STRATEGIES
162. This section of the ESMP identifies the key environmental and social indicators identified for the Digital FSM project and outlines
respective management objectives, potential impacts, control activities and the environmental and social performance criteria
against which these indicators will be evaluated (e.g. audited).
163. This section also addresses monitoring and reporting of environmental and social performance with the aim of communicating
the success and failures of control procedures, distinguishing issues that require rectification and identifying measures that willallow continuous improvement in the processes by which the projects are managed.

7.1. INVESTMENT IDENTIFICATION, CONCEPT DESIGN AND BID DOCUMENTS
164. During infrastructure design, the CIU Safeguards Team should undertake a site visit and conduct consultations to all locations
where infrastructure is proposed whether this is under subcomponent 1.1 or 1.2. By undertaking a rapid assessment, this will
ensure the proposed investments can be accommodated within the footprint proposed and/or in the alternative, the proposed
infrastructure can be modified / relocated so as to accommodate any potential issues identified. Where a sensitive receptor is
identified then the relevant infrastructure should be relocated to ensure no impact or in the alternative, a different type of
infrastructure could be selected, and otherwise the appropriate mitigation measures applied. To ensure there are no delays, thisshould be undertaken as early in the process as possible. Several rounds of consultation may be required in order to fully inform
design.
165. It is critical that this ESMP be provided to potential contractors as part of tendering so as they can include adequate response toenvironmental and social risk management into their proposals. A delay in providing this ESMP could result in delays incontractual agreements being signed and/or the construction of the infrastructure.

7.2. LAND ACCESS
166. Under Component One, it is currently proposed that all infrastructure related to the broader network will be located with the roadeasements and towers will be located within government land or on government buildings such as dispensaries or schools.
Where government owned or leased land is not available, and moreover, where customary or private land needs to be used forthe infrastructure, land use agreements will be required which could include either a freely negotiated lease or voluntary land
donation (refer to Annexure Four – Land Use Agreement Template). No land will be compulsorily acquired as part of the Digital
FSM Project.
167. Given the nature of land use agreements, it will be necessary to commence the process of negotiations early to ensure that thisdoes delay the projects. It is not unusual for these agreements to take more than twelve months to be agreed to and as such,these should be started as a priority to ensure the project is not delayed.
168. For fiber to the home (FTTH) a process for households and businesses to request connections is needed for installation of fiber
onto private land. There are legal provisions and easements in place currently that allow utilities access to private land for the
purposes of public service provision in Chuuk and Kosrae, but it is to be confirmed whether fiber, installed by FSMTCC can takeadvantage of these legal provisions.

7.3. IMPACTS TO LAND ARE FURTHER DISCUSSED IN SECTION 9. SEDIMENT AND SOIL EROSION CONTROL
169. Soil erosion depends on several parameters such as type of soil, slope, vegetation, the nature of topography and rainfall intensity.
The loss of soil stability and soil erosion can take place due to the removal of vegetation cover, and numerous construction
activities. It can cause the loss of soil fertility and induce slope instability. Land preparation for the Digital FSM Project could
result although it is unlikely, in blockage or alteration of natural flow paths causing changes in the drainage patterns in the area.
Effective and efficient mitigation measures cannot only reduce but could improve the conditions over the existing conditions.
170. Activities that have the potential to cause erosion should be undertaken with the likely weather conditions in mind.
7.3.1. Performance Criteria
171. The following performance criteria are set for the physical works activities:a.

No discharge of sediment;b.

No build-up of sediment in the aquatic environments and/or surface and/or groundwater as a result of construction andoperation activities;c.

No degradation of water quality on or off site of all physical works;

Digital FSM ESMP FINAL 201954

Digital FSM Environmental and Social Management Pland.

All water exiting the project site and/or into groundwater systems is to have passed through best practice erosion,
drainage and sediment controls; ande.

Effective implementation of site-specific Erosion, Drainage and Sediment Control Management Plan (EDSCP).

172. By following the management measures set out in the ESMP, construction and operation activities of the projects will not havea significant impact as a result of sedimentation across the broader area.
7.3.2. Monitoring
173. The Contractors will be required to:a.

Conduct site inspections on a weekly basis or after rainfall events exceeding 20 mm in a 24-hour period;b.

Develop a site-specific checklist to document non-conformances to this ESMP or any applicable EDSCPs; andc.

Communicate the results of inspections and/or water quality testing and ensure that any issues associated with control
failures are rapidly rectified and processes are put in place to ensure that similar failures are not repeated.

7.3.3. Reporting
174. All sediment and erosion control monitoring results and/or incidents will be tabulated and reported as outlined in the ESMP. The
DoTCI and FSMTCC (OAE) must be notified immediately in the event of any suspected instances of material or serious
environmental harm, or if a determined level with respect to erosion and sediment control is exceeded.

Digital FSM ESMP FINAL 201955

Digital FSM Environmental and Social Management Plan
Table 2 Erosion, Drainage and Sediment Control Measures
Issue

Control activity (and source)

Action timing

Responsibility

Monitoring & reporting

E1: Loss of soil materialand sedimentation to
the surface and/or
groundwater systems
from site due toearthwork activities.

E1.1: Develop and implement an EDSCP for any surface works, embankments andexcavation work, water crossings and stormwater pathways.

Pre-construction

Contractor prepare

Report to be approved by
CIU prior to work starting

Construction phase

All
Contractor
Personnel
implement

E1.2: Ensure that erosion and sediment control devices are installed, inspected andmaintained as required.

Construction phase

All
Contractor
Personnel

Maintain records

E1.3: Schedule/stage works to minimize cleared areas and exposed soils at all times.

Pre and during
construction

Contractor

Maintain records

E1.4: Silt fences or similar structures to be installed to protect from increased sedimentloads.

During construction

Contractors

Maintain records

E2.1: If contamination is uncovered or suspected (inside the project footprints),
undertake a Stage 1 preliminary site contamination investigation. The contractor
should cease work if previously unidentified contamination is encountered and activate
management procedures and obtain advice/permits/approval (as required).

Construction phase

All
Contractor
Personnel

Daily and maintain records

E2.2: Drainage control measures to ensure runoff does not contact contaminatedareas (including contaminated material within the project footprints) and isdirected/diverted to stable areas for release.

Construction phase

All
Contractor
Personnel

Daily and maintain records

E2.3: Avoid importing fill that may result in site contamination and lacks accompanying
certification/documentation. Where fill is not available through on-site cut, it must be
tested in accordance with geotechnical specifications.

Construction phase

All
Contractor
Personnel

Maintain records

E3.1: Regularly check and clear debris from trash racks/drain grates.

Construction
Operation phase

Contractor / DoTCIand FSMTCC

Maintain records

E2: Soil Contamination.

E3. Poor maintenanceof
Erosionand
Sediment Controls

Digital FSM ESMP FINAL 2019

56

and

Maintain records

Digital FSM Environmental and Social Management Plan

7.4. UNEXPLODED ORDINANCE (UXO)
7.4.1. Background175. FSM is known to have UXO as a result of actions in WWII. While much UXO has been either cleared or used for illegal fishing,some UXO remains undiscovered.
176. Due to the materials used at the time of manufacture and the passage of time, most UXO is now corroding and in an unstablestate.
177. UXO is extremely dangerous and should be treated as such. A full assessment of known UXOs within each State Government
should be undertaken prior to all works. Discussions with local representatives should also be undertaken in locations whereprevious UXOs have been observed.
7.4.2. Performance Criteria
178. The following performance criteria are set for the construction of the projects:a.

No workers or public are exposed to UXO hazards; andb.

Chance UXO finds are disposed of without any injuries.

7.4.3. Monitoring
179. Job safety hazard analyses are to be undertaken prior to the commencement of any works. This is particularly important for any
works involving earthworks. Permits are to be obtained prior to the commencement of any earthworks.
180. An excavation observer should be present throughout earthworks operations to watch for UXO as well as provide general safety
support to machinery operators.
181. Management needs to comply with Table 3.
7.4.4. Reporting
182. Any UXO finds are to be reported to the FSMTCC -OAE and Police immediately.

Digital FSM ESMP FINAL 201957

Digital FSM Environmental and Social Management Plan
Table 3 Unexploded Ordinance
Issue

Control activity (and source)

Action timing

Responsibility

Monitoring & reporting

UXO.1 Chance
discovery of UXO.

UXO1.1: Undertake risk assessment prior to any works including microtrenchingthat could result in unearthing or disturbing UXO during construction. If risk
considered high, then ensure a survey is done by qualified professionals.

Pre and during
construction

All
Contractor
Personnel

Daily and maintainrecords

UXO1.2: Ensure workers are aware of potential for UXO and of procedures to deal
with it. Stop work immediately if possible UXO identified.

Pre and during
construction

Contractor

Daily and maintainrecords

UXO1.3 Notify authorities immediately and evacuate immediate area andsurrounds as appropriate.

During construction

Contractor

Daily and maintainrecords

Digital FSM ESMP FINAL 201958

Digital FSM Environmental and Social Management Plan

7.5. AIR QUALITY
7.5.1. Background183. Some construction activities have the potential to cause air quality nuisance, although the types of activities being proposed by
the Digital FSM Project are unlikely to have any real detrimental impact.
184. The project areas are predominantly urban, village and/or rural in character. Existing air quality reflects those environments, withdust being the main air quality nuisance albeit in the major centers, there will be limited fugitive emissions from vehicles.
185. Workers involved in construction and operation activities should be familiar with methods minimizing the impacts of deleterious
air quality and alternative construction procedures as contained in FSM legislation or good international industry practice.
7.5.2. Performance Criteria
186. The following performance criteria are set for the construction of the projects:a.

Release of dust/particle matter must not cause an environmental nuisance;b.

Undertake measures at all times to assist in minimizing the air quality impacts associated with construction andoperation activities; andc.

Corrective action to respond to complaints and/or grievances is to occur within 48 hours.

7.5.3. Monitoring
187. Observations will be made as follows:a.

The requirement for dust suppression will be visually observed by site personnel daily and by DoTCI and FSMTCC(OAE) when undertaking routine site inspections; andb.

Vehicles and machinery emissions – visual monitoring and mitigation measures implemented (such as maintenance)
when deemed excessive.

7.5.4. Reporting
188. All air emissions observations and/or incidents will be reported as outlined in the ESMP. The DoTCI and FSMTCC (OAE) must
be notified immediately in the event of any suspected instances of material or serious environmental or social harm.

Digital FSM ESMP FINAL 201959

Digital FSM Environmental and Social Management Plan
Table 4 Air Quality Management Measures
Issue

Control activity (and source)

Action timing

Responsibility

Monitoring & reporting

A1 Increase in dustlevels at sensitive
receptors.

A1.1: Implement effective dust management measures in all areas during designand construction.

Pre and during
construction

All
Contractor
Personnel

As required and maintainrecords

A1.2: Restrict speeds on roads and access tracks when works being undertaken.

During construction

Contractor

As required and maintainrecords

A1.3: Manage dust/particulate matter generating activities to ensure thatemissions do not cause an environmental nuisance at any sensitive locations.

During construction

Contractor

As required and maintainrecords

A1.4: Construction activities should minimize risks associated with climatic eventse.g. rainfall events (check forecasts).

During construction

Contractor

As required and maintainrecords

A1.5: Implement scheduling/staging of proposed works to ensure no impacts frommicro-trenching.

Entire construction

Contractor

As required and maintainrecords

A1.6: Rubbish receptacles should be covered and located as far as practicablefrom sensitive locations as required.

During construction

Contractor

As required and maintainrecords

A2.1 Ensure any vehicles/machines are switched off when not in use.

During construction

Contractor

As required and maintainrecords

A2.2 Ensure only vehicles required to undertake works are operated onsite.

During construction

Contractor

As required and maintainrecords

A2.3 Ensure all construction vehicles and machinery are maintained and operated
in accordance with design standards and specifications.

During construction

Contractor

As required and maintainrecords

A2.4 Develop and implement an induction program for all site personnel, which
includes as a minimum an outline of the minimum requirements for environmental
management relating to the site.

Pre and during
construction

Contractor

As required and maintainrecords

A3.1: Ensure waste and other potential odor sources do not cause nuisance tonearby receptors.

Operation

DoTCI
FSMTCC

A2. Increase in vehicle/
machineryemissions.

A3: Odor.

Digital FSM ESMP FINAL 2019

60

and

As required and maintainrecords

Digital FSM Environmental and Social Management Plan

7.6. NOISE AND VIBRATION
7.6.1. Background189. Some construction and operation activities have the potential to cause noise nuisance. Blasting is not required to be undertaken
as part of this project.
190. The project areas are predominantly urban, village and/or rural in character. Existing noise and vibration quality reflect thoseenvironments, with vehicle noise being the main noise quality nuisance.
191. The use of micro trenching equipment could have an adverse effect on the environment and residents if not appropriately
managed.
192. Contractors involved in construction activities should be familiar with methods of controlling noisy machines and alternative
construction procedures as contained within specific FSM legislation or in its absence, good international industry practice may
be used if the legislation has not been enacted.
193. Potential noise sources during construction may include:a.

Micro-trenching equipment;b.

Power tools and compressors; andc.

Delivery vehicles;

7.6.2. Performance Criteria
194. The following performance criteria are set for the construction of the projects:a.

Noise from construction activities must not cause an environmental nuisance at any noise sensitive place;b.

Undertake measures at all times to assist in minimizing the noise associated with construction activities;c.

No damage to off-site property caused by vibration from construction activities; andd.

Corrective action to respond to complaints and/or grievances is to occur within 48 hours.

195. The site supervisor will:a.

Ensure equipment and machinery is regularly maintained and appropriately operated; andb.

Carry out potentially noisy construction activities during ‘daytime’ hours only.

7.6.3. Monitoring
7.6.4. Observation of noise mitigation measures is outlined in Table 5. Reporting
196. All noise observations and incidents will be reported as outlined in the ESMP. The DoTCI and FSMTCC –OAE must be notified
immediately in the event of any suspected instances of material or serious environmental or social harm.

Digital FSM ESMP FINAL 201961

Digital FSM Environmental and Social Management Plan
Table 5 Noise and Vibration Management Measures
Issue

Control activity (and source)

Action timing

Responsibility

Monitoring & reporting

N1: Increased noiselevels.

N1.1: Select equipment and specific design work practices to ensure that noise
emissions are minimized during construction including all micro-trenching equipment.

All phases

Contractor

As required and maintainrecords

N1.2: Specific noise reduction devices such as silencers and mufflers shall be installed
as appropriate to equipment where possible.

Preandconstruction

Contractor

As required and maintainrecords

N1.3 Minimize the need for and limit the emissions as far as practicable if noise
generating construction works such as micro-trenching are to be carried out outside of
the hours: 7am-5.30pm.

Construction phase

All
Contractor
Personnel

As required and maintainrecords

N1.4: Consultation with nearby residents in advance of construction activities
particularly if noise generating construction activities are to be carried out outside of‘daytime’ hours: 7am-5.30pm.

Construction phase

All
Contractor
Personnel

As required and maintainrecords

N1.5 All incidents complaints and non-compliances related to noise shall be reported
in accordance with the site incident reporting procedures and summarized in theregister.

Construction phase

Contractor

As required and maintainrecords

N1.6 The contractor should conduct employee and operator training to improveawareness of the need to minimize excessive noise in work practices throughimplementation of measures.

Preandconstruction

Contractor

As required and maintainrecords

N2.1: Identify properties, structures and habitat locations that will be sensitive tovibration impacts resulting from construction of the project.

Pre and during
construction

CIU

As required and maintainrecords

N2.2: All incidents, complaints and non-compliances related to vibration shall bereported in accordance with the site incident reporting procedures and summarized in
the register.

Construction phase

Contractor

As required and maintainrecords

N2. Vibration due toconstruction.

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7.7. SURFACE WATER
7.7.1. Background197. Water is a valuable resource, particularly in FSM where surface water is often limited in the smaller islands and outer atolls.
Concentrated flows from works can result in the movement of sediments and other contaminants. Notwithstanding, likely to bevery limited, construction activities have the potential to divert or contaminate surface water.
7.7.2. Performance Criteria
198. The following performance criteria are set for the construction of the projects:a.

No significant decrease in water quality as a result of construction and operational activities;b.

Water quality shall conform to any approval conditions stipulated by DoTCI and FSMTCC (OAE) and/or other government
departments (e.g. EPA), or in the absence of such conditions follow a ‘no worsening’ methodology; andc.

Effective implementation the EDSCPs.

7.7.3. Monitoring
199. Having water of a quality that is fit for purpose is important. Water quality can affect plant growth, livestock health, soil quality,
farm equipment and domestic use. The quality of a water source is also variable depending upon weather and external inputs.
200. Table 6 outlines the monitoring required.
7.7.4. Reporting
201. All water quality observations and/or incidents will be reported as outlined in the ESMP. The DoTCI and FSMTCC (OAE) must
be notified immediately in the event of any suspected instances of material or serious environmental or social harm.

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Table 6 Water Quality Management Measures
Issue

Control activity (and source)

Action timing

Responsibility

Monitoring & reporting

W1:
Elevatedsuspended solids andother contaminants insurface water systems.

W1.1: Develop and implement the Erosion, Drainage and Sediment Control Plan(EDSCP) to address drainage control, sediment and erosion controls andstockpiling of materials including soil during construction of all components of the
projects. EDSCP measures to be inspected regularly to ensure all devices arefunctioning effectively.

Pre-Earthworks

Contractor

Initial set up and then as
required with reporting to
DoTCI and FSMTCC

W1.2: Designated areas for storage of fuels, oils, chemicals or other hazardous
liquids should have compacted impermeable bases and be surrounded by a bundto contain any spillage. Refueling to be undertaken in areas away from water
systems.

Entire construction andoperation phase.

All
Contractor
Personnel

Weekly with reporting to
DoTCI and FSMTCC

W1.3: Conduct surface quality monitoring in location where the water quality is likely
to be impacted as required.

Entire construction andoperation phase.

Contractor

Weekly and as requiredwith reporting to DoTCIand FSMTCC

W1.4: Schedule works in stages to ensure that disturbed areas are revegetated assoon as practicable after completion of works.

Avoid undertaking bulk
earthworks during wet
season.

Contractor
FSMTCC

W1.5: Construction materials will not be stockpiled in proximity to aquatic
environment that may allow for release into the environment. Construction
equipment will be removed from in proximity to the aquatic environment at the endof each working day or if heavy rainfall is predicted.

Entire construction andoperation phase.

Contractor

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7.8. TERRESTRIAL AND AQUATIC FLORA AND FAUNA
7.8.1. Background202. Construction site areas are likely to be heavily disturbed and modified and therefore represent limited habitat for terrestrial floraand fauna. However, there is the potential for impacts on individual’s flora such as fruit trees where they are located within theconstruction footprint.
7.8.2. Performance Criteria203. The following performance criteria are set for the construction of the projects:a.

Scope the route / location during the design phase and identify trees or habitats of value to people or biodiversity anddefine sensitive receptors to be avoided;b.

Identify any trees not to be removed or habitats not to be disturbed.

c.

No clearance of vegetation outside of the designated clearing boundaries;d.

No deleterious impacts on aquatic environments and terrestrial habitats;e.

No introduction of new weed species as a result of construction activities; andf.

No increase in existing weed proliferation within or outside of any project footprint as a result of construction activities.

7.8.3. Monitoring
204. A monitoring program to observe the mitigation measures will be implemented (Table 7).
205. Weed and pest monitoring will be undertaken, and appropriate action taken in the event of alien or noxious species being
identified.
7.8.4. Reporting
206. All flora and fauna observation results and/or incidents will be reported as outlined in the ESMP. The CIU Safeguards Team
must be notified in the event of any suspected instances of death to native fauna and where vegetation if detrimentally impacted.

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Table 7 Flora and Fauna Management Measures
Issue

Control Activity (and Source)

Action Timing

Responsibility

Monitoring
ReportingandFF1. Habitat loss anddisturbance of faunaand flora.

FF1.1 Limit vegetation clearing and minimize habitat disturbance through adequate
protection and management of retained vegetation.

During construction

Contractor

Daily
and
records

maintainFF1.2: Minimize noise levels and lighting intrusion throughout construction in thevicinity of any sensitive locations.

During construction

Contractor

Daily
and
records

maintainFF1.3: Ensure that all site personnel are made aware of sensitive fauna/habitat
areas and the requirements for the protection of these areas.

During construction

Contractor

Daily
and
records

maintain

FF1.4 Minimize disturbance to on-site fauna and recover and rescue any injured ororphaned fauna during construction.

During construction

Contractor

Daily
and
maintainrecords, report

FF1.5 Minimize the impacts to individual’s flora and provide compensation wherethat is not practicable. Where not possible, investigate the potential to alter thedesign alignment

During construction

Contractor

Daily
and
maintainrecords, report

FF2.1: Implement an ESCP to reduce the spread of weeds through erosion andsediment entering any waterways and therefore spreading.

Preandconstruction

Contractor

Maintain records

FF2.2: Revegetate disturbed areas using native and locally endemic species thathave high habitat value.

During construction

Contractor

As required and maintainrecords

FF2.3: Minimize disturbance to mature remnant vegetation, particularly canopy
trees.

During construction

Contractor

Daily
and
records

FF2.4: Environmental weeds and pests within the project footprints shall becontrolled.

Operation

Contractor

Maintain records

FF2. Introduced flora
and weed species.

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7.9. SOCIAL IMPACT MANAGEMENT
7.9.1. Background207. Affordable, high-speed Internet is known to be associated with economic and social empowerment by increasing users' accessto services such as employment and education opportunities and health.
208. None the less, construction activities can have a negative impact on communities if not managed appropriately.
7.9.2. Performance Criteria
209. The following performance criteria are set for the project:a.

The project design should be evaluated prior to procurement to ensure that the technology platform is the appropriatetechnology at that point in time (e.g. “last mile” of fiber to the home may have been superseded by 5G or other wirelessplatforms from FTTN by the time of the project approvals process has completed);b.

The community has been consulted and project elements have been designed with their informed consultation andparticipation throughout the project;c.

The community has been consulted on the proposed National ID system, government portal and government eServices,with demonstrable majority support for the proposal, or options for people to voluntarily opt in or out withoutdisadvantage (beyond that delivered by the system itself);d.

All stakeholders are appropriately represented, including women, youth, people living with disabilities, remotecommunities and other vulnerable groups;e.

Suitable community awareness raising has been delivered through the project to inform the general population, as well
as specific target groups (youth, parents) of the risks of the internet and available options to manage those risks;f.

Avoid adverse impacts to local community during construction and operations and where not possible, minimize, restore
or compensate for these impacts;g.

Community health and safety is protected, and overall well-being benefits derived from the project, including traffic
management, access considerations during construction, community safety around construction sites and managementof the influx of workers; andh.

Complaint and grievance mechanisms are put in place and proactively managed.

210. Suitable steps have been taken by the Regulator (through Component 3C) to promote affordable internet services for all,including:a.

Assessment and recommendations regarding subsidies for low income households;b.

Suitable pricing models for all users; andc.

Support of competition in the telecommunications retail sector.

211. Consultation with stakeholders will continue. This will help ensure that stakeholders continue to be aware of the project, its
progress and any changes in the project. It will also assist in identifying any issues as they arise.
212. The DoTCI and FSMTCC (OAE) will be responsible for advisory support and extensions services to local beneficiaries alongwith being responsible for distributing material inputs and providing technical training and backstopping in the implementation ofprogram activities.
7.9.3. Reporting
213. Records of all consultations are to be kept and reported on a six-monthly basis.
214. The DoTCI and FSMTCC (OAE) must be notified in the event of any individual or community complaint or dissatisfaction andensure the Grievance Mechanism is complied with.

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Table 8 Social Management and Population Measures
Issue

Control activity (and source)

Action timing

Responsibility

Monitoring &reporting

SM1: Community
Consultation.

SM1.1: Carry out community engagement to consult and inform thecommunity regarding the project as per the SEP, including on the purposeand benefits of making changes to land use. Agree on technology andlocation of physical works.

Design phase and preconstruction phase

The DoTCI and
FSMTCC (OAE)

Maintain records

SM1.2: Agree land owner and land occupier consent for change of land use
including suitable mitigation measures.

Design phase

The DoTCI and
FSMTCC (OAE)

Maintain records

SM1.3: Implement Grievance Mechanism (GM) process.

Entire construction andoperation phase.

The DoTCI and
FSMTCC (OAE)

Maintain records

SM2: Public nuisancecaused byconstruction/operation
activities (e.g. noise, dust
etc).

SM2.1: Carry out community consultation prior to undertaking activities asper SEP.

Pre-construction

The DoTCI and
FSMTCC (OAE)

Maintain records

SM2.2: Implement appropriate management plans (refer to Noise, Air,
ESCP, and Waste sections of the ESMP).

Construction andoperation

Contractor

Daily and maintainrecords

SM3: Self Selection for
FTTH.

SM3.1: Carry out community engagement to consult and inform thecommunity regarding the project as per the SEP, including on the process
for households and businesses to formally request FTTH.

Pre-construction

The DoTCI and
FSMTCC (OAE)

Maintain records

SM3.2: Maintain a register of all requests made for FTTH in each state,including owner identified sensitive items (assets, shade trees, crops,
fences, etc.) to be avoided during installation and acknowledgement that nocompensation is to be provided.

Pre-construction

The DoTCI and
FSMTCC (OAE)

Maintain records

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Issue

Control activity (and source)

Action timing

Responsibility

Monitoring &reporting

SM3: Self Selection for
FTTH.

SM3.4: Ensure landowners and occupiers are informed in advance ofapproximate installation schedule and when workers may be on site

Construction

Contractors

Maintain records

SM3.5: Implement the Grievance Mechanism (GM) process.

Entire construction andoperation phase.

The DoTCI and
FSMTCC (OAE)
and Contractor

Maintain records

SM4.1 Ensure that all local and foreign project staff attend training forprevention of GBV and HIV/AIDS.

Pre and during
construction

Contractor

Maintain records

SM4.2 Project workers, project managers and the Contracting company are
required to sign a code of conduct (in the bid documentation) after the
training and prior to commencement of works.

Pre and during
construction

Contractor

Maintain records

SM4.3 Foreign workers are required to submit all required medical andpolice clearance certification as part of the visa application process. No
person shall be exempt from this requirement.

Pre and during
construction

Contractor

Maintain records

SM5.1 Implement Community Health and Safety Plan Contractors would becontractually required to follow the ESMP.

Pre-construction

Contractor

Maintain records

SM5.2 Conduct a 1-day ESMP training workshop for Contractor on contract
award to review ESMP implementation, mitigations, monitoring andresponsibilities.

Pre-construction

CIU

Maintain records

SM5.3 Processes to be reviewed in 1-day Contractor workshop.

Pre-construction

Contractor

Maintain records

SM5.4 Inform community of construction works that may impact access,including electronic and print notices to nearby businesses, residences or
facilities to notify of construction schedule and contact person.

Pre and during
construction

Contractor

Maintain records

SM6.1 Where appropriate employ traffic control measures on the road toprevent traffic accidents. The workers shall have the relevant training andsafety equipment.

Pre and during
construction

Contractor

Maintain records

SM4: International
Workers.

SM5: Community Healthand Safety.

SM6: Traffic Safety During
Construction.

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Issue

Control activity (and source)

Action timing

Responsibility

Monitoring &reporting

SM6: Traffic Safety During
Construction.

SM6.2 A traffic management plan would need to be prepared by theContractor and a contract requirement addressing speed, vehicle
maintenance, and measures to address any damage caused.

Pre-construction

Contractor

Maintain records

SM7: Risks of Internet
Access.

SM7.1 Recommendations on cyber-security protections to be integrated
into system design by recognized cyber-security experts.

DesignDoTCIMaintain records

SM7.2 Community consultations focused on the proposed national ID
system and other digital government components to identify and addresscommunity concerns.

Life of Project

DoTCI

Maintain records

SM7.3 Establish and legislate guidelines around appropriate use of citizen
data, including monitoring and enforcement.

Life of Project

DoTCI

Maintain records

SM8.1 A strategy for ensuring low-income households can access internet
services needs to be developed, such as through subsidies or widespreadfree access points (under Component 3C).

Implementation ofComponent Three

FSMTCC (OAE)
and TRA

Maintain records

SM8.2 The Telecommunication Regulatory Authority (TRA) needs tostructure a pricing model that balances sustainability and equity
considerations (under Component 3C).

Implementation ofComponent Three

FSMTCC (OAE)
and TRA

Maintain records

SM8: Equal Access to
Project Benefits.

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7.10. LAND OWNERSHIP AND CUSTOMARY TENURE
7.10.1.Background215. FSM has complex arrangements with respect to land ownership and customary tenure.
216. All stakeholders, including the communities are entitled to be fully informed about the project and engaged in technology andsite selection as relevant. No person should be resettled from their land as a consequence of this work.
217. Fiber To The Home (FTTH) may be some impacts to private residences or business where the services are connected above or
below (less likely) ground. These could include the removal of trees (food or shade), gardens including crops, fences and otherminor constructions.
218. Sites to be selected under the project to host microwave towers and other related backbone infrastructure need to be selectedin collaboration with communities and landowners, and to consider cultural heritage implications. No land will be involuntarily
taken. Land can be formally donated, leased or purchased through lease or land use agreements. In some cases, land mayneed to be granted under easement arrangements from traditional owners where existing government land is not an option.
7.10.2.Performance Criteria
219. The following performance criteria are set for the project:a.

The community has been consulted and project elements have been designed with their informed consultation andparticipation throughout the project;b.

Any land required to be donated and formally recorded to the project has been done through a lease or land use
agreement signed by the appropriate community members;c.

Avoid adverse impacts to local community and land during construction and where not possible, minimize, restore orcompensate for these impacts, which should be described in the land access process;d.

Complaint and grievance mechanisms are put in place and proactively managed; ande.

Long-term social benefits are achieved.

220. Consultation with stakeholders will be undertaken throughout the life of the project as described in the SEP
221. The DoTCI and FSMTCC (OAE) will be responsible for advisory support and extensions services to local beneficiaries alongwith being responsible for distributing material inputs and providing technical training and backstopping in the implementation ofactivities.
7.10.3.Reporting
222. Records of all consultations are to be kept and reported on monthly basis.
223. The DoTCI and FSMTCC (OAE) must be notified in the event of any individual or community complaint or dissatisfaction andensure the GRM is complied with.

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Table 9 Land Ownership Measures
Issue

Control activity (and source)

Action timing

Responsibility

Monitoring & reporting

LO1: Ensure no
impact on Land
Ownership.

LO1.1: Carry out community consultation and with relevant Councils on the
purpose and benefits of making changes to land use for the main fiber cable as
per the RPF.

Pre-construction

The DoTCI and
FSMTCC (OAE)

Maintain records

LO1.2: Ensure all works are carried out within the existing footprint of the roadeasement or other Government-leased land (where possible) as per the Land
Access process.

Pre-construction

The DoTCI and
FSMTCC (OAE)

Maintain records

LO1.3: Implement the SEP and GRM process.

Entire construction andoperation phase

The DoTCI and
FSMTCC (OAE)

Maintain records

LO1.4: Any land use agreement needed is to be negotiated voluntarily as per theLand Access process.

Pre-construction

The DoTCI and
FSMTCC (OAE)

Maintain records

LO1.5: Identify suitable opportunities to work in collaboration with other projects to
reduce the complexity for land negotiations (e.g. ADB energy project in Walung,
ADB water supply project in Weno, World Bank energy project in Chuuk lagoon,and possible World Bank roads in Tonoas).

Design phase / ongoing

The DoTCI and
FSMTCC (OAE)

Maintain records

LO1.6: Priority for land used by contractors to store equipment on during
construction is to be given to government land. Where this is not possible, land
access is to be negotiated with landowners in accordance with the land accessprocess. Land is to be restored to its pre-project condition or better before
contractors leave..

Pre-construction

Contractors

Maintain records

LO1.7 FSMTCC (OAE) to be formally recognized as a utility in each state, suchthat easement provisions for utilities are able to be applied through the relevant
agreement compliant with each state Legislature.

Design phase

FSMTCC (OAE)and States

Maintain records

LO2.1: Carry out community consultation and with relevant Councils, State
Government Departments and representatives of businesses, schools, hospitals,
and others on the purpose and benefits of FTTH, as per the RPF.

Pre-construction

The DoTCI and
FSMTCC (OAE)

Maintain records

LO2.2: Obtain written requests from households and businesses for FTTH
installations, noting any specific sensitive areas (graves or other culturally

Pre-construction

DoTCI, FSMTCC(OAE), Dep. ofLand

Maintain records

LO2: Consent for
Fiber to the Home

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Issue

Control activity (and source)

Action timing

Responsibility

Monitoring & reporting

LO2: Consent for
Fiber to the Home

LO2.3: For properties without formal title, consult with local community to establish
permission for FTTH to be installed.

Pre-construction

DoTCI, FSMTCC(OAE), Dep. ofLand

Maintain records

LO2.4: Construction workers to assess the installation at each location to identify
and avoid impacts to assets such as trees, shade, crops, fences, graves, fences,
gardens and others that may be identified on each site. In the event of any
unavoidable impacts, written permission to proceed with the installation noting theimpact is required before works commence. Ensure that any cultural heritage (e.g.
graves, other culturally significant areas) are protected during construction

Construction

Contractor

Maintain records

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7.11. CULTURAL HERITAGE
7.11.1.Background224. All stakeholders, including the communities are entitled to be fully informed about the project and engaged in technology andsite selection as relevant. Cultural heritage sites will be identified during consultation and will be avoided in design and installationof physical infrastructure.
225. For Fiber To The Home (FTTH) there is the potential for graves to be disturbed if new poles are required.
226. Sites to be selected under the project to host microwave towers and other related backbone infrastructure need to be selectedin collaboration with communities and landowners, and to consider cultural heritage implications.
7.11.2.Performance Criteria
227. The following performance criteria are set for the project:a.

The Division of Historic Preservation are consulted on proposed locations for towers such that potential locations ofintangible cultural heritage have been identified;b.

The community has been consulted and project elements have been designed to avoid impacts on cultural heritage;c.

Cultural heritage is not adversely impacted; and228. Chance find procedures are operationalized. Consultation with stakeholders will continue. This will help ensure that stakeholders
continue to be aware of the project, its progress and any changes in the project. It will also assist in identifying any cultural
heritage values and potential issues as they arise.
7.11.3.Reporting
229. Records of all consultations are to be kept and reported on monthly basis.
230. The DoTCI and FSMTCC (OAE) must be notified in the event of any individual or community complaint or dissatisfaction andensure the GM is complied with.

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Table 10 Cultural Heritage Measures
Issue

Control activity (and source)

Action timing

Responsibility

Monitoring & reporting

CH1: Damage or
disturbance tosignificant importantArchaeological,
Indigenous and/or
Cultural Heritage
during the earth
disturbances and land
clearing activities

CH1.1: All sites should be evaluated for potential cultural heritage significance,
including in consultation with communities and landowners. If areas are identified
what the process should be to avoid damage / desecration, including graves.

Design phase

CIU

Maintain records

CH1.2: Should any important Archaeological, Indigenous and/or Cultural Heritage
sites be discovered be uncovered through a ‘chance find’, immediately cease workwithin the area that the site has been observed and consult with the relevantMuseum/traditional owner groups, DoTCI, FSMTCC (OAE) and archaeologist
available for implementation during construction.

Pre and during
construction

Contractor

Daily, maintain records
and immediately notify
DoTCI, FSMTCC andEPA of any find

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7.12. GENDER AND GENDER BASED VIOLENCE
7.12.1.Background231. Affordable, high-speed Internet is known to be associated with economic and social empowerment by increasing users' accessto services such as employment and education opportunities and health. Access to ICT can enable women and men to gain astronger voice in their communities, their Government and at the global level. ICT also offers women flexibility in time and spaceand can be of particular value to women to access information of importance to their productive, reproductive and community
activities and to obtain additional resources and skills.
232. However, analysis also shows that while Government has been engaging on gender issues, including within the ICT sector,
initiatives are not well coordinated with other agencies engaged on gender issues, especially on Health and Education, or
integrated with the gender engagement strategies and policies currently under development by Government. This presents arisk if the potential benefits of increased availability of ICT services are not shared equally among men and women or if new
digital policies are developed without adequate consultation of all stakeholders including women. In the case of women's unequal
access to participate in governance or leadership or engage in productive sectors, unequal access to ICT could lead to increased
gender inequalities in economic opportunities and further diminish women's voice and influence in society.
233. Young women in FSM are acutely vulnerable to GBV and coercion/trafficking. Rates of GBV are high, with one in three women(32.8 per cent) experiencing physical and/or sexual violence by a partner 4.Furthermore, 8 per cent of women have experiencesexual abuse by someone other than a partner5. Annexure Four – Gender Assessment – has identified specific project activities
related to mitigating potential gender and GBV impacts.
7.12.2.Performance Criteria
234. The following performance criteria are set for the project:a.

Manage the labor workforce to avoid behavior that could lead to gender based violence or involvement in illegal
behavior, including that the Contractor Code of Conduct (Annexure Ten) is signed by all workers;b.

Awareness raising on the risks and issues associated with the internet is provided in collaboration with women andyouth groups;c.

Sex-disaggregated statistics are collected around telecommunications subscriptions, access and use;d.

A bill has been proposed for passage that legislates against harmful digital communication, including online GBV;e.

A cybersecurity policy framework has been developed including gender-sensitive considerations and public awarenesssessions have been held; andf.

Consultants on the National ID system and government eServices have been inclusive of women’s groups, and theirconcerns are reflected in the final system design to ensure improved access to services for women.

235. The FSM Department of Justice (DoJ) and DoTCI will be responsible for advisory support and extensions services to local
beneficiaries along with being responsible for distributing material inputs and providing technical training and backstopping in
the implementation of activities.
7.12.3.Reporting
236. Records of all consultations/reports/incidents are to be kept and reported on monthly basis.
237. The FSM Department of Justice (DoJ) and FSMTCC (OAE) must be notified in the event of any individual or community report.

4 FSM Department of Health and Social Affairs (2014), Federated States of Micronesia Family Health and Safety Study: A prevalence

study on violence against women.
5 Ibid.
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Table 11: Gender and GBV Measures
Issue

Control activity (and source)

Action timing

Responsibility

Monitoring & reporting

Entire construction andoperation phase

DoTCI and
FSMTCC (OAE)

Maintain records

GE1.2: Implement LMP including policies of non-discrimination and equal
opportunity.

Entire construction andoperation phase

DoTCI and
FSMTCC (OAE)

Maintain records

GE2.1: Raise community awareness of appropriate worker behavior; share content
of Code of Conduct and information on grievance process.

Entire construction andoperation phase

DoTCI and
FSMTCC (OAE)

Maintain records

GE2.2: Contractor to ensure the behaviors of their project worker in relation to the
local communities and their social sensitivities is adequate and that all managers andworkers have signed the appropriate Code of Conduct as per Annexure ten. This is
to avoid creating demand for illegal sex work, avoid gender-based violence andviolence against children, manage alcohol consumption and avoid the use of illegal
substances, and abide by cultural and social norms of the host community.

Construction

Contractor

Maintain records

GE2.3 Ensure that all overseas project staff undergo a cultural familiarization session
as part of their induction training. The purpose of this induction will be to introduce
the project staff to the cultural sensitivities of the local communities and the expectedbehaviors of the staff in their interactions with these communities. Gender based
violence, HIV Aids and communicable disease awareness raising, etc. shall be
provided to all workers. DoTCI and FSMTCC (OAE) shall provide to the Contractor alist of approved service providers, which shall include recognized NGOs and others
for conducting this training.

Construction

Contractor

Maintain records

GE1: Gender Equality.

E2: Gender based
violence.

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7.13. WASTE MANAGEMENT
7.13.1.Background238. As the implementing agency, the DoTCI and FSMTCC (OAE) aim to advocate good waste management practice, althoughimplementation can be challenging. The preferred waste management hierarchy and principles for achieving good waste
management is as follows:a.

Waste avoidance (avoid using unnecessary material on the projects);b.

Waste re-use (re-use material and reduce disposing);c.

Waste recycling (recycle material such as cans, bottles, etc.); andd.

Solid and hazardous waste disposal (all putrescible and/or contaminated waste to be disposed at a licensed andengineered landfill.

239. The key waste streams generated during construction are likely to include residual sediment and construction wastes such as:a.

The excavation wastes (soil, concrete, asphalt) unsuitable for reuse during micro-trenching;b.

Wastes from construction equipment maintenance. Micro-trenching equipment will be utilized for the duration of theconstruction phase for below ground works. Liquid hazardous wastes from cleaning, repairing and maintenance of thisequipment may be generated. Likewise, leakage or spillage of fuels/oils within the site needs to be managed and disposedof appropriately;c.

Non-hazardous liquid wastes will be generated through the use of workers’ facilities such as toilets; andd.

General wastes including scrap materials and biodegradable wastes.

240. Workers involved in construction and operational activities should be familiar with methods minimizing the impacts of clearing
vegetation to minimize the footprint to that essential for the works and rehabilitate disturbed areas. By doing these activities, theprojects should minimize the impact of waste generated by the project.
7.13.2.Performance Criteria
241. The following performance criteria are set for the construction of the projects:a.

Waste generation is minimized through the implementation of the waste hierarchy (avoidance, reduce, reuse, recycle);b.

No litter will be observed within the project area or surrounds as a result of activities by site personnel;c.

No complaints received regarding waste generation and management;d.

Any waste from on-site portable sanitary facilities will be sent off site for disposal by a waste licensed contractor; ande.

Waste oils must be removed by the contractor for recycling.

7.13.3.Monitoring
242. A supervision program has been developed for the projects (Table 12). The program is subject to review and update at least
every two months from the date of issue.
7.13.4.Reporting
243. The DoTCI and FSMTCC (OAE) as implementing agencies must be notified immediately in the event of any suspected instancesof material or serious environmental or social harm, or if a determined level with respect to waste is exceeded.

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Table 12 Waste Management Measures
Issue

Control activity (and source)

Action timing

WT1: Production ofwastes and excessive
use of resources.

WT1.1: Preference shall be given to materials that can be used to construct the
project that would reduce the direct and indirect waste generated.

Preandconstruction

WT1.2: Daily waste practices shall be carried out unless these are delegated to theactivities of external waste management bodies.

WM2: Managementand disposal of waste.

Responsibility

Monitoring & reporting

Contractor

Maintain records

During construction

Contractor

Daily andrecords

WT1.3: The use of construction materials shall be optimized and where possible a
recycling policy adopted.

During construction

Contractor

Weekly and maintainrecords

WT1.4: Separate waste streams shall be maintained at all times i.e. generaldomestic waste, construction and contaminated waste. Specific areas on site shallbe designated for the temporary management of the various waste streams.

During construction

Contractor

Weekly and maintainrecords

WT1.5: Any contaminated waste shall be disposed of at an approved facility.

During construction

Contractor

Weekly and maintainrecords

WT1.6: Recyclable waste (including oil and some construction waste) shall becollected separately and disposed of correctly e.g. transported to an appropriate
waste oil receiving station and/or licensed waste facility.

During construction

Contractor

Weekly and maintainrecords

WT1.7: Waste sites shall be sufficiently covered to ensure that wildlife does nothave access.

During construction

Contractor

Daily

WT1.8: Disposal of waste shall be carried out in accordance with the FSM
requirements. Any waste that cannot be disposed safely in FSM landfills must be
exported for disposal in an engineered and licensed facility, with relevant
export/import approvals.

During construction

Contractor

Weekly and maintainrecords

WT1.9: Fuel and lubricant leakages from vehicles and plant shall be immediately
rectified.

During construction

Contractor

Daily andrecords

WM2.1: Develop and implement a Waste Management Plan (WMP).

Pre-construction

Contractor

Maintain records

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maintainmaintainDigital FSM Environmental and Social Management Plan
Issue

Control activity (and source)

Action timing

Responsibility

Monitoring & reporting

WM2: Managementand disposal of waste.

WM2.2: Provide covered bins for use by both staff and visitors.

All phases

Contractor,

WeeklyWM2.3: Where possible, all solid waste is recycled and where not possible, isdisposed at a licensed and engineered landfill, with appropriate permits andapprovals under international treaties such as Waigani.

During construction

Contractor

Weekly and maintainrecords

WM2.4: Any non-hazardous or contaminated waste shall be disposed of at an
approved facility at a licensed and engineered landfill, with appropriate permits andapprovals under international treaties such as Waigani. All hazardous waste must
be exported for recycling/disposal at licensed facilities.

All phases

Contractor,

Weekly and maintainrecords

WT2.5: Fuel and lubricant leakages from vehicles and plant shall be immediately
rectified.

All phases

Contractor,

Daily andrecords

WM3.1 Develop a Contaminated Waste Management Plan.

Pre-construction

Contractor,

Maintain records

WM3: ContaminatedWaste.

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7.14. EMERGENCY MANAGEMENT MEASURES
244. In the event of actions occurring, which may result in serious health, safety and environmental (catastrophic) damage, emergency
response or contingency actions will be implemented as soon as possible to limit the extent of environmental damage.
245. The delivery organization will need to incorporate emergency responses into the project complying with the requirements under
the Occupational, Health and Safety Policy of the delivery organization and the relevant FSM legislation.
7.14.1.Performance Criteria
246. The following performance criteria are set for the construction phase of the projects:
a.

No incident of fire outbreak;b.

No failure of water retaining structures;c.

No major chemical or fuel spills;d.

No preventable industrial or work-related accidents;e.

Provide an immediate and effective response to incidents that represent a risk to public health, safety or theenvironment; andf.

Minimize environmental harm due to unforeseen incidents.

7.14.2.Monitoring
247. An emergency response monitoring program has been developed for the projects (Table 13). The program is subject to review
and update at least every two months from the date of issue. Importantly, visual inspections will be conducted by Contractor
daily with reporting to DoTCI and FSMTCC (OAE) staff on a weekly basis (minimum) noting any non-conformances to this ESMP.
7.14.3.Reporting
248. The DoTCI and FSMTCC (OAE) staff must be notified immediately in the event of any emergency, including fire or health related
matter including those that have resulted in serious environmental harm.

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Table 13 Emergency Management Measures
Issue

Control activity (and source)

Action timing

Responsibility

Monitoring & reporting

E1.
Fire
and
Emergency
management
andprevention strategies
implemented.

E1.1: Flammable and combustible liquids bunding/storage areas to be designedin accordance with appropriate international standards.

Preandconstruction

Contractor

Daily andrecords

maintainE1.2: Fire extinguishers are to be available on site, portable as required.

During construction

Contractor

Daily andrecords

maintainE1.3: No open fires are permitted within the project area/s.

During construction

Contractor

Daily andrecords

maintainE1.4: Communication equipment and emergency protocols to be established prior
to commencement of construction activities.

During construction

Contractor

Daily andrecords

maintainE1.5: Train all staff in emergency preparedness and response (cover health andsafety at the work site).

During construction

Contractor

Daily andrecords

maintainE1.6: Check and replenish First Aid Kits.

During construction

Contractor

Daily andrecords

maintain

E1.7: Use of Personal Protection Equipment (PPE).

During construction

All
Contractor
Personnel

Daily andrecords

maintain

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Digital FSM Environmental and Social Management Plan

8 LABOR MANAGEMENT PROCEDURES
249. Labor Management Procedures (LMP) are mandated by ESS2 – Labor and Working Conditions of the World Bank Environmental
and Social Framework to identify the main labor requirements and risks associated with the project and to determine theresources necessary to address project labor issues. The LMP is a living document to be reviewed and updated throughout
development and implementation of the project. The LMP applies to all project workers, irrespective of contract being full-time,
part-time, temporary or casual.
250. According to the ESF, worker types are defined as:
Direct workers - people employed or engaged directly by the Borrower (including the project proponent and the project
implementing agencies) to work specifically in relation to the projectContracted workers - people employed or engaged through third parties to perform work related to core functions of the project,regardless of location. These could be either international or local workers.
Primary supply workers - people employed or engaged by the Borrower’s primary suppliers5 (primary supply workers);
Community workers - people employed or engaged in providing community labor, generally voluntarily. There will be nocommunity workers engaged on the Project.
Civil Servant- those employed directly by the Government. Overview of Labor Use on the Project251. This section describes the expected labor use on the project, based on available information. As the project progresses andmore information becomes available, this information will be revised. Migrant workers are not expected as a result of this project.
Project Component

Number of ProjectWorkers

Characteristics
Project Workers

ofTiming of Labor
Requirements

Contracted Workers

Nationalandinternational
contractors
areexpected to undertake
the
lead
on
construction works.
Supply chain andimplementation unit
contractors will also be
required

DesignandConstruction Phase

Works are likely to betendered to a private
firm.

Component 1: Improving National Connectivity
Subcomponent 1.1.
Improvingnational
connectivity.
Deploymentofdomestic fiber optic
and wireless networks
and other related
backbone
infrastructure to the“main island/atoll” ineach of the four states.

Approx. 10 contracted
workers (likely to befrom outside FSM) at
any one time /location, as well as up
to 10 local workers.

Number of contracted
and sub-contracted
workers is unknown at
this stage.

Local workers will be
usedwhereverpossible for labor ineach location.
International
consultancy firms fordesign work
All workers engaged
will be over 18 years ofage.

Subcomponent 1.2.
Bridging
theconnectivity gap forouter islands.
4G LTE base stations
andsatellite
connectivity for outeratolls in Yap, Chuuk

Approx. 4-5 direct orcontracted workers.

Nationalandinternational
contractors
areexpected to undertake
the
lead
on
construction works.
Local labor will be
usedwhereverConstruction Phase

Privatesectoroperators (through a
PPP structure) will
undertakephysicalworks and ongoing
maintenance.
Number of contracted
workers is unknown atDigital FSM Environmental and Social Management Plan
possible for labor inthis stage.
each location and willbetrainedinmaintenance.

and Pohnpei states.

Components 2, 3 and 4
Technical AssistanceApprox. 6-10 direct orcontracted workers

CombinationofInternational and local
consultants.

Project preparationand implementation

Unknownstage.

atthis

8.1. ASSESSMENT OF KEY POTENTIAL LABOR RISKS
8.1.1. Project Activities and Key Labor Risks
252. The key labor risks that have been identified associated with the project activities include Occupational Health and Safety (OHS)
due to potentially hazardous work environments; lack of equal opportunities for all due to cultural employment perceptions; andacceptable working conditions. Based on current conditions it is assessed that the risk of child or forced labor is negligible.
253. Component 1 of the project involves physical works, whilst the remaining components are technical assistance activities.
Project Component

Activities

Key Labor Risks

Subcomponent 1.1. Improving national
connectivity.

Deployment of domestic fiber optic andother related backbone infrastructure to
the “main island/atoll” in each of the fourstates.

OHS, includinga.

Operating machinery;b.

;

Underground cables where feasible.

c.

Working at heights’

Overground cables where undergroundis not feasible.

d.

Working on road edges andtraffic management hazards;
ande.

Electrical hazards.

Wireless
network
infrastructure,including telecommunication towers
and poles.
May involve installation of Fiber To The
Home (FTTH), in which case there
would be interaction with every
household that has requested aconnection.

Working in remote communities andpotentially at the household and village
level (including areas requiring
permission to visit, normally may beclosed communities).
Potential for issues within somecommunities (e.g. Chuuk Lagoon
Islands).
Air travel to each state and boat travel
within each state.
Exposure to heat, diseases andillnesses.

Subcomponent 1.2. Bridging theconnectivity gap for outer islands.

Components 2, 3 and 4

4G LTE base stations and satellite
connectivity for outer atolls in Yap,
Chuuk and Pohnpei states.

Desktop work.
Stakeholder engagement in each state.

OHS, including:a.

Transport by sea vessels (shipand boats); andb.

Working at heights.

OHS, including:a.

Air travel to each state;b.

Boat travel within each state;andDigital FSM Environmental and Social Management Planc. Sedentary work.

8.2. OVERVIEW OF THE LABOR LEGISLATION: TERMS AND CONDITIONS
254. FSM has national legislation that outlines worker’s rights. The Labor Code (last updated in 2014) outlines hiring of non-resident
workers, labor development, and other requirements6. The Code requires:a.

Non-resident workers to obtain health certificates, and have a minimum of two years of related work experience;b.

Any benefits provided to non-resident construction workers, such as housing, transport, etc. will also be provided to any
national contractor who is required to leave their principle place of residence for work;c.

Applications for foreign workers are needed, unless the foreign workers will be in the country less than 90 days; andd.

Minimum employment conditions outlined in the Code apply to all foreign workers.

8.3. OVERVIEW OF THE LABOR LEGISLATION: OCCUPATIONAL HEALTH AND SAFETY
255. There is minimal legislation related to Occupational Health and Safety (OHS). The Public Employment Code (2014) requires thatworkers exposed to hazardous working conditions are paid 25% more7. The project is not likely to expose workers to hazardous
working conditions.
256. The FSM Government has enacted the Labor Code and Public Employment Code 2014. There is limited information contained
within the two Codes that would compare to the World Bank Environmental and Social Framework Environmental and SocialStandards. Notwithstanding, the existing laws provide some response to the requirements. This ESMP will follow therequirements of ESS2.

8.4. RESPONSIBLE STAFF
257. This section identifies the functions and/or individuals within the project responsible for oversight mechanisms.

6 http://www.paclii.org/cgi-bin/sinodisp/fm/legis/consol_act/l43/l43.html?stem=&synonyms=&query=minimum%20wage#disp2
7 http://www.paclii.org/cgi-bin/sinodisp/fm/legis/consol_act/pe185/pe185.html?stem=&synonyms=&query=health%20and%20safetyDigital FSM Environmental and Social Management Plan
258. Engagement and Management of Contractors/Subcontractors. The Department of Finance and Administration (DoFA) has
a Central Implementation Unit (CIU) and are responsible for contractor engagement and compliance with contract conditions(payment of invoices). The CIU will address all LMP aspects as part of procurement for works. The responsible implementing
agency for contractor management will be FSMTCC (OAE), who will be responsible for overseeing all aspects of implementationof the project, including compliance and contractor induction.
259. The contractor is subsequently responsible for management in accordance with contract specific Labor Management Plans(LMP). Implementation of which will be supervised by FSMTCC (OAE) as defined by specific Plans. The detailed approach is
described in the following sections.
260. Occupational Health and Safety. Contractors must designate a minimum of one safety representative to ensure day-to-day
compliance with specified safety measures and records of any incidents. Minor incidents and near misses are reported to
FSMTCC (OAE) on a monthly basis, serious incidents are reported immediately. Minor incidents are reflected in the quarterly
reports to the World Bank, major issues are flagged to the World Bank immediately.
261. Labor and Working Conditions. Contractors will keep records in accordance with specifications set out in this LMP. FSMTCC(OAE) may at any time require records to ensure that labor conditions are met. FSMTCC (OAE) will review records against
actuals at a minimum on a monthly basis and can require immediate remedial actions if warranted. A summary of issues andremedial actions will be included in quarterly reports to the World Bank.
262. Training of Workers. Contractors are required to, at all times, have a qualified safety officer on board. If training is required, thiswill be the contractor’s responsibility. The safety officer will provide instructions to contractor staff. CIU will procure for training toaddress risks associated with labor influx and will provide a schedule for trainings required. The contractor will be obligated tomake staff available for this training, as well as any additional mandatory trainings required by CIU, as specified by the contract.
263. Addressing Worker Grievances. The Contractors will be required to implement a Grievance Mechanism (GM) for Project staff.
Contractors will be required to present a worker Grievance Mechanism which responds to the minimum requirements in thisLMP. The DoFA CIU’s Safeguard Team will review records on a monthly basis. FSMTCC (OAE) will keep abreast of GM
complaints, resolutions and reflect in quarterly reports to the World Bank.
Responsibility

Organization

Function

Individual

Engagement
workers.

ofproject

DoFA CIU

Project Manager

Beulah Daunakamakama

Management
workers.

ofproject

FSMTCC (OAE)

CEO / Project Manager

Pieter Bakker / To Be
Determined (TBD)

Occupational Health and
Safety.

Contractor(s)DesignatedRepresentative(s)SafetyTBD

Training of Workers.

Contractor(s)DesignatedRepresentative(s)SafetyTBD

Contractor(s)Management

TBD

FSMTCC (OAE)

CEO

Pieter Bakker / TBD

DoTCISecretary

TBD

Addressing
Grievances.

Worker

8.4.1. Occupational, Health and Safety
264. The project implementing agencies will:a.

Comply with FSM National and State legislation and other applicable requirements which relate to OHS hazards;b.

Enable active participation in OHS risks elimination through promotion of appropriate skills, knowledge and attitudes
towards hazards;c.

Continually improving the OHS management system and performance;d.

Communicate this policy statement to all persons working on the project with emphasis on individual OHS
responsibilities; ande.

Make this policy statement available to all interested parties.

Digital FSM Environmental and Social Management Plan
265. Contractors will be required to have at least one designated Safety Officer on each site. The Safety Officer will be responsiblefor:a.

Identification of potential hazards to project workers, particularly those that may be life threatening;b.

Provision of preventative and protective measures, including modification, substitution, or elimination of hazardous
conditions or substances;c.

Training of project workers and maintenance of training records;d.

Documentation and reporting of incidents;e.

Emergency prevention and preparedness and response arrangements to emergency situations; andf.

Remedies for adverse impacts such as occupational injuries, deaths, disability and disease.

266. The contractor(s) will be required to:a.

Develop and implement procedures to establish and maintain a safe working environment, including that workplaces,machinery, equipment and processes under their control are safe and without risk to health;b.

Actively collaborate and consult with project workers in promoting understanding and methods for implementation of
OHS requirements;c.

Provide OHS training to all employees involved in works or site supervision;d.

Provide laminated signs of relevant safe working procedures in a visible area on work sites, in English and local
language as required;e.

Provide PPE as suitable to the task and hazards of each worker, without cost to the worker;f.

Put in place processes for project workers to report work situations that they believe are not safe or healthy and to
remove themselves from situations they have reasonable justification to believe are unsafe;g.

Confirm appropriate measures are in place for working in communities with known risk of conflict / violence;h.

Ensure availability of first aid boxes in all work locations;i.

Provide employees with access to toilets and potable drinking water; andj.

Properly dispose of solid waste at designated permitted disposal/landfill sites.

267. Further to enforcing the compliance of environmental management, contractors are responsible and liable for the safety of siteequipment, labors and daily workers attending to the construction site and safety of citizens for each subproject site, as
mandatory measures.
8.4.2. Foreign Labor and Gender Based Violence
268. The labor force will likely be quite small (approximately 10 foreign and 10 local workers at a time). As such, there will be no major
issues associated with accommodating the workforce or resulting from the volume of workers. The main impact will be that theworkers will be in isolated locations with communities, including individual houses and remote atolls. As such, the focus will be
on risks associated with worker behaviour and preventing gender-based violence.
269. Contractors will be required to comply with the Codes of Conduct (Appendix ten) to outline labor relations with local communities.
The Code of Conduct will commit all workers, sub-consultants and suppliers to acceptable standards of behavior. The Code of
Conduct includes sanctions for non-compliance, including non-compliance with specific policies related to gender-based
violence, sexual exploitation and sexual harassment (e.g. termination). The Code of Conduct will be required to be signed byeach worker to indicate that they have:a.

Received a copy of the Code of Conduct as part of their contract;b.

Had the Code of Conduct explained to them as part of induction process;c.

Acknowledged that adherence to this Code of Conduct is a mandatory condition of employment; andd.

Understood that violations of the Code of Conduct can result in serious consequences, up to and including dismissal,
or referral to legal authorities.

270. Information on the Code of Conduct shall be outlined as part of the community consultation process, including in local languages
where needed.

Digital FSM Environmental and Social Management Plan
271. Contractors must address the risk of gender-based violence through:a.

Mandatory training and awareness raising for the workforce about refraining from unacceptable conduct toward local
community members, specifically women. Training may be repeated as required;b.

Informing workers about national laws that make sexual harassment and gender-based violence a punishable offence
which is prosecuted; andc.

Adopting a policy to cooperate with law enforcement agencies in investigating complaints about gender-based violenceor criminal activity.

272. Developing a system to capture Gender Based Violence (GBV), sexual exploitation and workplace sexual harassment related
complaints/issues. This process will be under the portfolio of the CIU Safeguards Advisors and/or National Gender Specialist (orequivalent) who shall identify and engage the relevant stakeholders on GBV and HIV/Aids issues.

8.5. POLICIES AND PROCEDURES
273. Most environmental and social impacts of the project resulting from activities directly under the control of contractors will be
mitigated directly by the same contractors. As such, the approach is to ensure that contractors effectively mitigate project related
impacts. CIU will incorporate standardized environmental and social clauses in the tender documentation and contract
documents in order for potential bidders to be aware of environmental and social performance requirements that shall expectedfrom them, are able to reflect that in their bids, and required to implement the clauses for the duration of the contract. CIU will
enforce compliance by contractors with these clauses.
274. As a core contractual requirement, the contractor is required to ensure all documentation related to environmental and social
management, including the LMP, is available for inspection at any time by the FSMTCC (OAE) or CIU. The contractual
arrangements with each project worker must be clearly defined. All environmental and social requirements will be included in thebidding documents and contracts.
275. Under no circumstances will contractors, suppliers or sub-contractors engage forced labor.

8.6. AGE OF EMPLOYMENT
276. FSM does not have a legal minimum working age. For the Digital FSM Project, the minimum age will be 18 years.
277. The workforce involved in this project will be relatively small. There is an expectation that international workers will be selectedbased on technical skill and the Labor Code requires foreign workers to have a minimum of two (2) years professional experiencein order to work in FSM. As such, the minimum age for foreign workers shall be 18 years.
278. For local workers, the minimum age will also be 18 years of age.
279. Workers will be required to provide proof of their identify and age before commencing any works on site.
280. If any contractor employs a person under the minimum age, that contractor be required to undertake relevant management
measures to ensure the safety of the worker and implement immediate measures no repeat action is taken.

8.7. TERMS AND CONDITIONS AND EQUAL OPPORTUNITIES
281. All terms and conditions as outlined in the World Bank Environmental and Social Framework (ESF) ESS2, paragraphs 10 to 15
apply to contracted workers.
282. In line with national law, the maximum working hours per week will be 40 hours (8 hours per day, 5 days per week).
283. Employment opportunities will be available to all.

8.8. GRIEVANCE MECHANISM
284. A formal Grievance Mechanism (GM) will for project workers is as per the process outlined below. This takes into accountculturally appropriate ways of handling the concerns of direct and contracted workers. Processes for documenting complaints
and concerns have been specified, including time commitments to resolve issues.
285. In addition, the Digital FSM Project GM has been and will continue to be communicated to all stakeholder groups during eachplanned engagement activity. Special communications will be held with the vulnerable groups identified at each location.

Digital FSM Environmental and Social Management Plan
8.8.1. Communications
All project workers will be informed of the Grievance Mechanism process as part of their contract and induction package.
8.8.2. Process
286. The process for the Worker GRM is as follows:a.

The Aggrieved Person/Party may report their grievance in person, by phone, text message, mail or email (including
anonymously if required) to the Contractor in the first instance, as the initial focal point for information and raisinggrievances;b.

For complaints that were satisfactorily resolved by the Aggrieved Person/Party or Contractor, the incident and resultant
resolution will be logged and reported to the Digital FSM Project Manager.

c.

Where the Aggrieved Person/Party is not satisfied, the Contractor will refer the aggrieved party to the Digital FSM
Project Manager. Grievances may also be referred or reported to the DoTCI or FSMTCC (OAE) if deemed suitable.

d.

The Digital FSM Project Manager endeavors to address and resolve the complaint and inform the Aggrieved
Person/Party. For complaints that were satisfactorily resolved by the Digital FSM Project Manager, the incident andresultant resolution will be logged by the Digital FSM Project Manager. Where the complaint has not been resolved, theDigital FSM Project Manager will refer to the FSMTCC (OAE) General Manager and Secretary of DoTCI for further
action or resolution;e.

If the matter remains unresolved, or the Aggrieved Person/Party is not satisfied with the outcome, the Secretary of
DoTCI refers the matter to the Project Steering Committee for a resolution. The Digital FSM Project Manager will log
details of issue and resultant resolution status;f.

If it remains unresolved or the complainant is dissatisfied with the outcome proposed by the Project Steering Committee,
the Aggrieved Person may refer the matter to the appropriate legal or judicial authority. A decision of the Court will befinal; andg.

Feedback must be provided to the lodger of each step no less than weekly, or more often if suitable.

287. Steps a through e should be undertaken immediately. Where the matter is referred to the Digital FSM Project Manager, aresolution should be sought within two weeks. If unsuccessful and the matter is referred to the Project Steering Committee, thisshould occur within a month
288. Each record is allocated a unique number reflecting year and sequence of received complaint (for example 2019-01, 2019-02etc.). Complaint records (letter, email, record of conversation) should be stored together, electronically or in hard copy. The
Digital FSM Project Manager will be responsible for undertaking a regular (at least monthly) review of all grievances to analyze
and respond to any common issues arising. The Digital FSM Project Manager is also responsible for oversight of the GRM.
289. These steps should be undertaken immediately. Where the matter is referred to the Digital FSM Project Manager, a resolution
should be sought within two weeks. If unsuccessful and the matter is referred to the Project Steering Committee, this should
occur within a month
290. Each record is allocated a unique number reflecting year and sequence of received complaint (for example 2019-01, 2019-02etc.). Complaint records (letter, email, record of conversation) should be stored together, electronically or in hard copy.
291. Any grievance related to corruption or any unethical practice should be referred immediately to the Ombudsman of the FSM
Supreme Court.

8.9. CONTRACTOR MANAGEMENT
292. The tendering process for contractors will require that contractors can demonstrate their labor management and OHS standards,
which will be a factor in the assessment processes.
293. Contractual provisions will require that contractors:a.

Monitor, keep records and report on terms and conditions related to labor management;b.

Provide workers with evidence of all payments made, including benefits and any valid deductions;c.

Keep records regarding labor conditions and workers engaged under the Project, including contracts, registry of
induction of workers including Code of Conduct, hours worked, remuneration and deductions (including overtime);d.

Digital FSM Environmental and Social Management Plan
Record safety incidents and corresponding Root Cause Analysis (lost time incidents, medical treatment cases), first aid
cases, high potential near misses, and remedial and preventive activities required (for example, revised job safety
analysis, new or different equipment, skills training, etc.);e.

Report on number of workers, indication of origin (international or local), gender, age - with evidence that no child labor
is involved, and skill level (unskilled, skilled, supervisory, professional, management);f.

Training/induction dates, number of trainees, and topics; andg.

Details of any worker grievances including occurrence date, grievance, and date submitted; actions taken and dates;
resolution (if any) and date; and follow-up yet to be taken. Grievances listed should include those received since thepreceding report and those that were unresolved at the time of that report.

294. Monitoring and performance management of contractors will be the responsibility of FSMTCC (OAE). FSMTCC (OAE) will be
responsible for oversight of labor management provisions as well as contract supervision.

8.10. LOCAL WORKERS
295. Local workers will be engaged where possible on the project, particularly for labor and construction work.
296. Local workers can also access the worker GRM.

8.11. PRIMARY SUPPLY WORKERS
297. No significant risk of child or forced labor or serious safety issues in relation to primary suppliers has been identified for thisproject at this stage. This section will be updated as more information on primary suppliers becomes available, including once
technical design options are confirmed and resulting needed supplies are clearer.

Digital FSM Environmental and Social Management Plan

9 LAND ACCESS AND USE
9.1. GENERAL
299. The Project will be demand driven where communities elect to benefit from project outcomes and will be delivered in partnershipwith communities.
300. The assessment of the requirements of ESS5 (section Error! Reference source not found. below) has identified that a
Resettlement Policy Framework (RPF) is not relevant. However, to address any land acquisition or land use restrictions, theLand Access Process (LAP) will be used to meet all requirements of ESS5. The Land Access Process (LAP) will be based onmeaningful engagement with the communities who have been identified as landowners or land users of sites that may be suitablefor project related infrastructure.
301. All land access will be voluntary, however ESS5 will need to be applied in the event of sites being identified with potential landacquisition or land use restrictions.
302. The Project will use existing government-leased land or public easements wherever feasible. Potential sites where land may beneeded for placement of towers or associated infrastructure have not yet been identified (with some exception where
government-leased land is available).

9.2. INVOLUNTARY RESETTLEMENT OR LAND ACQUISITION
303. There is no resettlement (voluntary or involuntary) as part of the Project. The project works will be primarily be undertaken on
existing roads and public easements, or on sites that are part of existing government-leased land.
304. While the FSM Government has the legal ability to exercise eminent domain to take land for public purposes, in practice this isnever implemented. As such, involuntary land acquisition or access is prohibited from Project activities.
305. The project’s land access needs are flexible and can fully accommodate a range of locations to avoid involuntary land access.

9.3. PROJECT DESIGN AND MITIGATION HIERARCHY306. There is flexibility in the project design, including options of overhead or underground cables or wireless connection from thenode. Where specific impacts are identified, these options to avoid the impact should be considered in the first instance.
307. Where the project design has proposed installation of fiber optic cables in locations without existing roads or easements (notably
in Chuuk lagoon islands), the design will be reconsidered to determine alternative solutions given the significant process involvedin negotiating land permissions in this context. If land negotiations are possible, they will be conducted in line with the LAP.
308. For the Walung community in Kosrae, the process of negotiating easements with traditional landowners is currently underway
by the State and Municipal Government for an ADB funded for an electricity project, which would be on the same alignment as
proposed fiber under Digital FSM. Collaborating with this project early to include other service types could be beneficial to reducethe complexity of seeking approvals for Digital FSM infrastructure.
309. For communities and villages where houses are built behind other houses and works such as cable stringing may need to go
through land held by others in order to provide service connection, voluntary agreement would be required from the affectedhouseholds. In the unlikely case where agreement cannot be reached, alternative solutions such as wireless (e.g. 5G or similar)
will be considered as an alternative mechanism to provide internet services to all households.

9.4. LAND RELATED IMPACTS
310. No impacts to livelihood are anticipated. While there may be some need to trim trees or other vegetation to accommodate
stringing of cables or install underground cable in a micro-trench, impacts to crops will be avoided where possible. The livelihood
or subsistence impacts will therefore be minimal and will be addressed via the land access process as necessary.
311. Agreements will be freely negotiated with landowners, which could be individuals or multiple owners. Impacts and restriction will
be fully explained, and landowners will be made aware of how impacts will be assessed, avoided and mitigated. In the case ofmultiple land ownership, all landowners will need to agree that land can be accessed.

Digital FSM Environmental and Social Management Plan
312. An assessment of the land related impacts associated with the Project has been undertaken to determine likely impacts
associated with the various project activities. Impacts to land are anticipated to be able to be avoided in most instances.
Components 2, 3 and 4 of the Project have no implications for land.
313. The anticipated impacts to land are described in Table 14.
Activity
Component 1: National Digital
Connectivity Infrastructure

Land Related Impacts
Pre-construction/planning
activities

Construction impacts

Operational
impacts

1. Utilize existing infrastructure(power poles) to install above
ground fiber across the mainislands, following existing powerlines. No additional land accessrequired.

None – existing easements
in place

Minor. Temporary access
restriction during construction
works. Potential for impacts tovegetation such as tree
trimming but will be avoided
where possible.

Noadditional
impacts; restriction
already in place.

2. Some additional poles may benecessary for above ground fiber.
Government land will beprioritized; if not available, accessto private land will be negotiated.

Government land: None –existing easements in place.

Minor. Temporary access
restriction during installation ofpoles. Voluntary land accessprocess to be implemented for
private land

Minor impacts due
to small land takeandpotential
restriction on land;

3. Where not possible to use poles,
the project will install fiber
underground through the use of
micro-trenching, normally on theside of the road within existingroad easements. Government
land will be prioritized; if notavailable, access to private land
will be negotiated.

Existing road easements inplace on Government land

Minor. Temporary access
restriction during construction
works. May be some minor
impacts
tovegetation
informallygrowingoneasements. Impacts to private
land to be specified in land
access agreement.

Minor impacts due
to small land takeandpotential
restriction on land;
Landowners would
have
some
restrictions on landuse – such as
growing trees – inproximity to thefiber.

Sub-Component 1.1

Private land: commence
land access negotiation;
identify any site-specificimpacts.

Private land: commence
land access negotiation;
identify any site-specificimpacts.

Maintenanceaccess required, will
be included in Land
Access process.
4. Above ground fiber will be used
for Fiber To The Home (FTTH) as
requested – following existing
power lines.

Requestsfromeachhouseholdwouldberequired. FTTH would only
be installed by written
request.

No land impacts but potential
impacts due to stringing new
cable (similar to existing
electricity connection).

5. Installation of microwave towers.
Government land will beprioritized; if not available, accessto private land will be negotiated.

Existing government-leased
land (e.g. schools) to be
used wherever feasible.

Towers on Government land:
Minor impacts. Temporary
access restriction during
construction works
Towers on private land: site
specific impacts to be
identified and any required
mitigation to be described in
the Land access process. All
mitigation to be provided by
the Project. In rare cases, thisMaintenanceaccess required, will
be included in FTTH
request.
Access to the sites
would be required
for maintenance.
Landowners would
have
some
restrictions on landuse – such as
growing trees – inproximity to thetower locations.

Digital FSM Environmental and Social Management Plan
Land Related Impacts

Activity
Component 1: National Digital
Connectivity Infrastructure

Pre-construction/planning
activities

Construction impacts

Operational
impacts

can include compensation, butpreference will be for the
Project to make good anynecessary impacts.
6. Installation of fiber alongfootpaths (community walking
tracks) with no existing easement.

Land
accessprocess
implemented. Community
agreementfromalllandowners would need tobe negotiated voluntarily forthe project to proceed inthese locations.

Minor. Temporary access
restriction during construction
works.

Landowners would
have
some
restrictions on landuse – such as
growing trees – inproximity to thefiber.

Where permission is notgranted, wireless (5G orwide area Wi-Fi) could beconsideredasanalternative.
Sub-Component 1.2
7. Installation of satellite dishes tothe sides of existing publicbuildings(e.g.
schools,
dispensaries)

None - existing easements
in place

Minor. Temporary access
restriction during construction
works.

None

8. In some locations, towers will bebuilt with a small footprint, on
existing government-leased land
and requiring power source

None - existing easements
in place

Minor. Temporary access
restriction during construction
works.

None.

Table 14 Land Impacts Associated with Component 1 Activities
314. Based on these activities outlined in Error! Reference source not found., those that some access to private land would require
the Land Access Process (LAP) to apply. The different categories that are outlined in the LAP are:a.

Category 1 – Infrastructure with minor land take (e.g. additional poles)b.

Category 2 – Infrastructure with larger land take (e.g. sites for tower locations);c.

Category 3 – Land requiring new easements; andd.

Category 4 – Requests for FTTH connections to each premises.

315. Minor access restrictions and impacts to vegetation are anticipated during construction period (up to one month in any one
location). This includes access to land where existing electricity poles are located and access to land for the erection of newpoles or towers where required. Fiber to the Home (FTTH) by written request from the landowner, with a process in place forlandowners to identify any assets to be protected and contractors also required to undertake a site inspection for any impacts
prior to works. Landowners may need to keep trees trimmed from the cables, however largely requirements are already in place
due to existing power connections;316. Microwave towers to be built in some locations, with a small footprint (approx.10x15m, including power supply such as solar)
and line of sight constraints. In some cases where suitable government-leased land is not available, land will need to be
voluntarily accessed for these sites in line with the Land Access process. Agreements will also address issues such as restrictions
on trees growing in front of the towers (which require line of sight), as well as access for maintenance. Landowners will be fully
informed of any impacts or future restrictions;317. Towers may also be required on outer atolls, where a satellite dish attached to the side of an existing building is not adequate toprovide coverage to all areas (e.g. access to other islands within the atoll structure). In this case, existing government-leased
land would also be prioritized, and as a last option, voluntary land acquisition procedures would be followed; andDigital FSM Environmental and Social Management Plan
318. Fiber may be laid along some roads or footpaths (community walking tracks) without existing easements. This is most likely insmaller islands with more limited infrastructure than the main island of each state. In these cases, the Land Access process will
be agreed with the community. Alternative technology such as 4G or community Wi-Fi will be available if access to land is not
approved by the owner/s.

9.5. APPLICABILITY OF ESS5
319. Table 15 assessed the scope of ESS5 Project against Project activities.
ESS5 Applicability Criteria

Assessment of Relevance to ProjectLand rights or land use rights acquired or restricted throughexpropriation or other compulsory procedures in accordancewith national law.

None –there will be no compulsory land acquisition.

Land rights or land use rights acquired or restricted throughnegotiated settlements with property owners or those withlegal rights to own the land, if failure to reach settlement
would have resulted in expropriation or other compulsory
measures.

None – there will be no compulsory land acquisition. Eminent
domain will not be exercised.

Restrictions on land use and access to natural resources thatcause a community or groups within a community to lose
access to resource usage where they have traditional or
customary tenure, or recognizable usage rights. This may
include situations where legally designated protected areas,
forests, biodiversity areas of buffer zones are established inconnection with the project.

None – there will be no restriction on land use or access tonatural resources, aside from temporary and minor accesschanges to be managed and notified during the construction
period.

Relocation of people without formal, traditional, or
recognizable usage rights, who are occupying or utilizing landprior to a project-specific cut-off date.

None – no people or structures will be relocated.

Displacement of people as a result of project impacts that
render their land unusable or inaccessible.

None – there will be no displacement of people.

Restriction on access to land or use of other resources
including communal property and natural resources such as
marine and aquatic resources, timber and non-timber forest
products, fresh water, medicinal plants, hunting andgathering grounds and grazing and cropping areas.

None – there will be no restriction of access to land or otherresources, aside from temporary access changes to be
managed and notified during the construction period.

Land rights or claims to land or resources relinquished byindividuals or communities without full payment ofcompensation.

Relevant. Land can be donated voluntarily in accordancewith ESS5 4(g) footnote 10. Compensation may be paid for
assets where appropriate, but preference will be for avoid
impacts or implementation of other mitigation measures.

Land acquisition or land use restrictions occurring prior to theproject, but which were undertaken or initiated in anticipationof, or in preparation for, the project.

None - no restrictions implemented in preparation of Project
activities.

Table 15 Project Activities and applicability of ESS5
320. A Resettlement Policy Framework (RPF) is not relevant given the limited applicability of the requirements of ESS5. However, toaddress any land acquisition or land use restrictions, the Land Access Process (LAP) will be applied.
321. The below sections outline any potential considerations relating to land as part of the project, and procedures to manage thosein accordance with the principles of ESS5 and national legislation.

9.6. GAP ANALYSIS OF FSM LEGISLATION AND ESF
322. The legislation relating to land is outlined in Section Five of the ESMP. The gaps in legislation as compared to the requirements
under ESS5 are as outlined in Error! Reference source not found..

Bank ESS Requirement

Digital FSM Environmental and Social Management Plan
FSM Equivalent
Equivalence

ESS5 – Land Acquisition, Restrictions on Land Use and Involuntary Resettlement
1. Alternatives to reduce impacts. Limit landacquisition to specified project purposes and time.
Consider alternative designs to avoid or minimize
land acquisition, paying attention to displacement,
gender impacts and impacts on vulnerable people.

FSM’s EIA encourages the
avoidance of adverse
environmental and social
impacts and their effective
mitigation where
avoidance is not possible.

Equivalent.

2 Compensation at replacement cost. Offer
affected people compensation at replacement cost(market price and transaction costs).

A limit is imposed on how
much compensation is paid
for lost income from businessor farm operation.
Compensation is not at full
replacement cost using
current market values.
Avoiding hardship on
displaced landowners is
explicitly provided
for legal landowners andoccupiers, not for illegal
occupiers and their assets /livelihoods.
No relevant legislation

Partially equivalent.
ESS5 requirements would be
followed.

Land donations are allowed
for in legislation.

Equivalent.

No specific requirement.

Not equivalent.
Not relevant for this project.

Notice is required for people
required to relocate (90 days).

Not equivalent, no relocation willtake place

Avoiding hardship on
displaced landowners is
explicitly provided
for, but more for legal
landowners, and legal
occupiers, not for illegal
occupiers and their assets /livelihoods.
No relevant legislation related
to gender and land.

Partial equivalence. No livelihood
impacts are predicted.

3. Informal occupiers. Include rights and claims ofcustomary and informal users, and informal
economic activities. Provide arrangements foradequate housing with security of tenure.

4. Alternatives to cash compensation. Where
livelihoods are land-based, offer an option for
replacement land. If not, offer alternative income
earning opportunities.
5 Land donation. Voluntary land donations may be
acceptable if choices including refusal; if donation
does not affect livelihoods; if no relocation is
involved; if direct benefits from the project; and if
records are kept.
6. Forced eviction. Compulsory acquisition requires
advance notice, meaningful opportunities to lodge
appeals, and avoidance of disproportionate orexcessive force.
7. Transition Support. Provide support asnecessary based on estimate of time required torestore income-earning capacity.
8. Livelihoods. Include provision of timely
assistance to restore livelihoods, particularly forvulnerable groups. Provide assistance in lieu of landcompensation sufficient to re-establish livelihoods
elsewhere.

9. Gender. Include provisions to protect and support
women, including documentation, training, access tocredit and jobs.
10. Community engagement and grievance
redress. Engage with affected communities,
including host communities. Provide options fromwhich affected persons may choose, and throughout
the whole process from to relocation and livelihood
restoration. Ensure that a project grievancemechanism is in place.

FSM legislation requires
negotiations with affected landowners, on values of land,
and resettlement assistance.

Not equivalent.
ESS5 requirements would be
followed.

Not equivalent.
ESS5 requirements would be
followed.

Not relevant for this project.

Not equivalent.
If any relevance, ESS5 would
apply.
Partial equivalence.
Consultations as per approved
SEP will be implemented.

11. Restrictions of access to natural resources.
When livelihoods are natural resource-based, allow
continued access to affected resources or provide
compensation or access to equivalent alternative
resources. Common property compensation may becollective in nature.
12. Negotiated settlements. These requirements
apply to rights acquired or restricted throughnegotiated settlements, if failure to reach settlement
would have resulted in compulsory procedures

Digital FSM Environmental and Social Management Plan
The same principle is implied
Equivalent.
in the FSM EPA and EIA
Regulation 1994.

Real property needs to beappraised by government priortoanynegotiationscommencing, and under nocircumstances is the amountpayable to be less than theappraised value.

Partial equivalence.
Not relevant for this project as there
will be no compulsory land access.
Where
negotiatedleasearrangements are necessary they
will be undertake in accordancewith ESS5

Table 16 Comparison of FSM Legislation and ESS5 Requirements

9.7. LAND ACCESS PROCESS
323. This Land Access Process (LAP) has been prepared in accordance with the objectives and principles of ESS5. Land used forthis project will be prioritized as follows:a.

The Project will use existing government-leased land or easements wherever feasible.

b.

Where this is not possible, any access or use arrangements for private land will be voluntarily negotiated withlandowners. This could involve a Land Use Agreement (LUA) to be signed with all landowners of each site for a lease,voluntary land donation or fully compensated land acquisition.

324. Where landowners are not interested in pursuing a voluntary agreement, then alternative technical solutions would be considered
where relevant or the project would not proceed in that area.
9.7.1.

Site Criteria

325. Any private land considered for voluntary land access or use arrangements must meet the following criteria:a.

The site must be technically feasible for the project purposes (e.g. geographical location, size of land);b.

The site must be screened for potential environmental and social impacts, including cultural heritage (tangible orintangible) significance, verified by the Division of Historic Preservation (as per template in Annexure Eleven);c.

Use of the site for the project must not require the relocation of housing or impacts to livelihood;d.

Landowners and land users are able to be identified, contacted and are capable of entering into a voluntary agreement(including formal or informal landowners); ande.

Where multiple contiguous LUAs are required, all the landowners and proposed sites must meet the above criteria.

326. Where any of the above criteria are not met, alternative sites or technical solutions (e.g. wireless instead of fiber) must be
considered.
9.7.2.

Types of Land Access Arrangements

9.7.2.1. Changes to Land Use or Ownership327. The main land transaction types involving changes to land use or ownership are:h.

Land leasing. Voluntary land taking by a lease arrangement is a business agreement between two parties formalized
in a signed legally binding lease agreement with terms and conditions mutually agreed on. In negotiations, all losses
accrued to legal occupiers (tenants) who will be relocated are the responsibility of the landowner. Illegal occupiers suchas squatters whose livelihoods are adversely affected are entitled to resettlement assistance under ESS5.

i.

Permanent land acquisition with full compensation. Fair compensation and valuation are required and mutuallyagreed to. Valuation should reflect existing market conditions and prices. Project-affected people are entitled to financial

Digital FSM Environmental and Social Management Plancompensation and other resettlement assistance. Permanent land taking with full compensation can also be done
involuntarily by the FSM Government, but that approach is not preferred.
j.

Voluntary Land Donation. Voluntary Land Donations (VLD) cede land to the Government at no cost, but ESS5 requires
compensation for lost crops, other non-land assets and livelihood sources, and resettlement assistance to support
affected persons. Landowners would be required to be fully informed of the option of financial compensation available
to them and that land donation is given willingly and without coercion.

328. Given the scarcity of land, the generally preferred practice in FSM is to sell land at a negotiated price or enter a lease agreement,
however lease agreements can be quite complicated. These options may be required for new tower locations that are not on
existing government-leased land. VLD is expected to be relevant for sites requiring additional poles for overhead cables or othersites with minor footprints or restrictions.
9.7.2.2. Establishment of Easements
329. Easements involve the FSM Government securing the right to use the land under agreed conditions for the placement of utilities
such as underground or above ground cables. They do not involve change of land ownership.
330. It is expected that easements are in place for most of the planned routes for fiber cables to be installed. However, in somelocations, easements do not exist (such as footpaths, community walking tracks and roads on some of the Lagoonal Islands in
Chuuk).
331. The FSMTCC (OAE) is understood to meet the criteria to be considered a utility, however a formal process of being recognizedas such in each state may be required to ensure that the legislation applicable to utilities is able to be applied.
9.7.2.3. Requested Connections for Fiber to the Home (FTTH)
332. In locations where FTTH is anticipated, landowners or land users will need to engage in a process to formally request connection
to their premises from the project. The format of these requests will differ in each state, in accordance with state legislation, andis envisaged to be facilitated by each state’s Department of Land. In some states, such as Kosrae, state legislation allows forgroup requests to be made for utility connections.
9.7.3.

Applicable Land Access Arrangements

333. Land access is required to install Project infrastructure. Based on an assessment of project activities and potential impacts, land
access arrangements have been identified for each of the following categories:
Category

Description

Land Access Arrangement

Agreement Type1

Infrastructure with minor land take (e.g. additional
poles)

Voluntary(VLD)Land Use Agreement

2

Infrastructure with larger land take (e.g. sites for
tower locations)

VLD, Permanent
Acquisition, or Lease

3

Land requiring new easements (roads, community
walking tracks, footpaths)

Establishment of Easement

PublicAgreement

4

Requests for FTTH connections to each premises

Formal Request

Request for FTTH

Land

Donation
Land

Land Use Agreement /Lease Agreement
Easement

334. Each of these land access arrangements are outlined in the following sections.
9.7.4.

Principles of Land Acquisition and Long-Term Leasesa.

The World Bank’s Voluntary Land Donation protocol is to be applied in full where land donation is anticipated to allow
project delivery;b.

Consider alternatives to land acquisition, especially where replacement land is scarce or non-existent;c.

Collective compensation may be appropriate for communal land, and must be distributed equitably among community
members;d.

Informed Consent must be established; ande.
9.7.5.

Digital FSM Environmental and Social Management Plan
Land access processes, including signing of LUA, leases, easements or requests for FTTH will be fully implemented
by the Project prior to commencement of works.
Establishing Informed Consent / Stakeholder Consultation

335. For Voluntary Land Donations, Permanent Land Acquisition, Leases or Establishment of Easements (Categories 1, 2 or 3),
informed consent must be established through the following stakeholder consultation process:a.

Undertake community consultation, including with traditional leaders, women and the broader community to determine
if there is community support for the project and proposed land use for towers, easements or related infrastructure;b.

Consult the community on their preferences for site selection and identify any cultural heritage significance, including
consulting with the Division of Historic Preservation;c.

Confirm that proposed sites don’t have fixed physical assets (which may belong to a party other than the landowner);d.

Consider alternative sites and ensure that any potential impacts are avoided or minimized;e.

Establishing who the legal landowners are (formal or informally titled, clan, family or private ownership, including
absentee community members if relevant);f.

Undertake due diligence on owners and users of land to ensure correct parties are a part of the negotiated agreement;

g.

Identify if there are any land users who would be affected, in addition to landowners; andh.

Clearly inform the landowners that the agreement to allow land access is completely voluntary and that they are able torefuse use of the property.

336. All community consultations are to be recorded and outcomes of the consultations are to determine technology type andlocations.
9.7.6.

Process for Voluntary Land Donation, Land Acquisition and Long-Term Leases

337. The Governments of each State in FSM have a process for voluntary land acquisition of private land that would be followed alongwith compliance with ESS5. Land Use Agreements (LUAs) are relevant for Voluntary Land Donation or Land Acquisition, andLease Agreements would be used to establish Long-Term Leases.
338. The following process needs to be followed to enter into a LUA or Lease Agreement:a.

Establish informed consent of the landowners;b.

May be accompanied by one-off or ongoing payment or other compensation, including community compensation;c.

Requirements for ongoing access (such as for maintenance) or site clearance to enable access agreed in writing (ifapplicable);d.

Negotiation regarding impacts with landowners which could include up front works, or payment of compensation for any
impacts to assets on the land in accordance with ESS5 and the applicable state and national legislation;e.

If agreement is reached, the Lease Agreement or Land Use Agreement (LUA) is entered into by the landowners andthe community leaders.

339. It is important that absentee landowners are engaged, and that a suitable witness (non-clan member) signs the agreement. If
the landowner parties are in disagreement about the land or conditions of the LUA, or if landowners are excluded fromdiscussions, then the subproject will not proceed, and the grievance process must be followed where relevant.
340. Land Use Agreement (LUA) will be prepared for every landowner of each site. The LUAs or Lease Agreements will be between
the borrower and landowners and will describe and address any minor impacts associated with use of the site, including
clearance of vegetation or ongoing restrictions (e.g. not planting trees within a certain area) or maintenance access requirements.
The Agreements will also document that the transfer was freely made, and was not subject to coercion, manipulation or any formof pressure.
341. Lease agreements will document details of location and expected timing of construction works, duration of lease, intended useof the site under the lease arrangement for the Project and any restrictions to use of the land around the lease area.

Digital FSM Environmental and Social Management Plan
9.7.7.

Requests for FTTH

342. Any works that would be conducted to the household or business premises level would be undertaken strictly with requested
permission or explicit request from the landowners. Landowners who do not want to have their property connected will not be
included in the project implementation.
343. Given that FTTH will be installed above ground and along the lines of existing power cables, impacts to assets are expected to
be avoidable and minimal. However, in instances where there are impacts, contractors will be required to undertake a site
assessment to identify any potential impacts at the household or business level, including identification of any potential impacts
trees/crops, gardens, fixed assets etc.
344. In addition, contractors would also need to identify any impacts relating to any land users (who may differ from the landowners).
345. If there are impacts that cannot be avoided, the Contractor would need written permission from the landowner to proceed with
the installation, acknowledging the impacts that cannot be avoided. Compensation for assets is not anticipated given the option
for households to opt in or out of service provision, and the potential for alternatives (such as wireless) to be considered.
9.7.8.

Screening Process

346. Screening of proposed sites will be undertaken in accordance with Annexure Eleven.
9.7.9.

Roles and Responsibilities

347. Stakeholder Engagement will be the responsibility of the CIU’s Safeguards Specialists during the project design phase.
348. During construction works, any land related issues raised by community members or landowners with the on-site construction
workers must be raised as per the established Grievance Mechanism.

9.8. TEMPORARY ACCESS RESTRICTIONS
349. During the construction period, there may be some temporary access restrictions and traffic management required to ensure
public and worker safety.
350. All access restrictions will be notified in advance, including through the provision of verbal face to face meetings, electronic,
radio, TV and print notices to nearby businesses, residences or facilities to notify of construction schedule and contact person incase of inquiries. Communities will also be informed of approximate dates and locations of expected works as part of theconsultation process.
351. The impact of temporary access restrictions is considered minor and manageable.
9.8.1. Temporary Storage Sites during Construction
352. Contractors are responsible for negotiating temporary storage areas equipment directly with local landowners during the preconstruction phase. The ESMP outlines required conditions (LO1.6) for contractors to ensure land is fully restored before
contractors leave and that contractors obtain signed consent of landowners before the commencement of civil works.

9.9. GRIEVANCE MECHANISM
353. A formal Grievance Mechanism (GM) has been developed for this project as a part of the ESMP. The GM takes into accountculturally appropriate ways of handling the concerns of affected parties and describes the way that these community members
will be made aware of this mechanism. Processes for documenting complaints and concerns have been specified, including timecommitments to resolve issues.
354. The GM has been and will continue to be communicated to all stakeholder groups during each planned engagement activity.
Special communications will be held with the vulnerable groups and traditional landowners identified at each location.

9.10. MONITORING ARRANGEMENTS
355. Monitoring includes review of any land acquisition, payment of compensation, and functioning of project grievance procedures
every two months during the project preparation phase. Monitoring should be conducted by an individual, firm, or community

Digital FSM Environmental and Social Management Plan
organization not directly affiliated with the IA. Any issues or problems associated with implementation that are observed in themonitoring process will be reported to the IA and the World Bank project team.

Digital FSM Environmental and Social Management Plan

10 CONSULTATION
10.1. STAKEHOLDER ENGAGEMENT DURING PROJECT PREPARATION
356. During Project preparation, discussions were held between the implementing agencies and various stakeholder FSM
Government agencies, along with and the World Bank team. Refer Section 9.3.2.

10.2. STAKEHOLDER ENGAGEMENT PLAN
357. A Stakeholder Engagement Plan (SEP) has been prepared. The SEP will be implemented, updated and refined throughout the
lifecycle of the Project.
358. Digital FSM was discussed with a wide range of stakeholders including relevant national and state government departments,
industry groups, NGOs, and individual community members. Workshops in Pohnpei with state representatives were held during
the design of the project, and ongoing consultation with stakeholders and any affected communities will continue throughout the
Digital FSM following the Stakeholder Engagement Plan (SEP). Details of those consulted is included in the Stakeholder
Engagement Plan.

10.3. KEY COMMENTS FROM CONSULTATION
359. From the consultations undertaken, the key issues are outlined below. For details, see consultation reports in the Stakeholder
Engagement Plan (SEP) Annexes.
a.

Land – in all locations where there will be construction outside existing public land or easements for utilities, there willneed to be extensive consultations and agreement with communities. This will be particularly important for Chuuk’s
lagoonal islands, Yap’s Rumung Island, and the Walung community in Kosrae. Microwave towers require line of sightand has an infrastructure footprint on both sides. In all cases existing government-leased land will be prioritized, but insome locations, there may also be negotiations, Land Use Agreements, requests for services or permissions put inplace.

b.

Construction works – communication regarding when, where and duration of construction works in each location will
be important, including any temporary access restriction during works, as well as information on community awarenessof issues and impacts of transient construction workers, particularly when working near private houses or remote or
isolated communities. Community awareness raising on issues such as the recently changed age of consent (Chuukstate) would also be beneficial, and given the cultural and historical context, what is acceptable in terms of access ofminors to workers would also be important to engage with stakeholders on to reduce the incidence of guardians whoare selling minors for sex with workers.

c.

Competition in the Telecommunications Sector – across all four states of FSM during consultations, concern was
raised with FSM Telecom’s long-term involvement. There was a lot of interest in increased competition in thetelecommunications retail sector, as well as the role of FSMTCC (OAE). People expressed concern with regards to theprice and speed of phone and internet services, to businesses and individuals, and were also concerned about ongoingcosts of maintenance being passed through to consumers. Further engagement is needed to understand the basis of
the concerns, and to understand the role of the TRA and FSMTCC (OAE) in addressing any issues and communicating
to communities and key stakeholders.

d.

Internet use – public awareness raising is key to ensure that citizens who may be exposed to the internet for the firsttime, or have much improved service, are aware of risks such as online scams, fraud, identity theft, viruses, hacking,spyware and malware and what they can do to identify potential risks and protect themselves. Programs targeting
parents to understand risks to children, such as content that may be explicit or violent, as well as people who may target
children for grooming or other risks, would be beneficial to be included under the program. Youth and cyber-bullying
could also be targeted through campaigns under this program.

e.

Legislation – where there are changes to legislation under the program, such as introducing laws regarding posting
content without consent (e.g. revenge pornography), it will be important that the legislation is socialized, andstakeholders are aware of the changes and implications of the law.

Digital FSM Environmental and Social Management Plan

11 GRIEVANCE MECHANISM
11.1. INTRODUCTION
360. During the planning, construction and implementation phases of the Digital FSM project, stakeholders may be adversely affected,
directly or indirectly due to the Digital FSM activities. The grievances that may arise can be related to social issues such as
eligibility criteria and entitlements, disruption of services, temporary or permanent loss of livelihoods and other social and culturalissues. Grievances may also be related to environmental issues such as excessive dust or noise generation, damages toinfrastructure due to construction related vibrations or transportation of raw material, noise, traffic congestions, changes to access
etc.
361. Should such a situation arise, a Grievance Mechanism has been included in the ESMP for the Digital FSM.

11.2. FSM JUDICIARY LEVEL GRIEVANCES
362. The Digital FSM Project level process will not impede affected persons access to the FSM legal system. At any time, acomplainant may take the matter to the appropriate legal or judicial authority as per the laws of the FSM.

11.3. GRIEVANCE MECHANISM
11.3.1.Introduction
363. The Digital FSM Project allows those that have a compliant or that feel aggrieved by the Digital FSM Project to be able tocommunicate their concerns and/or grievances through an appropriate process. The GM set out in this ESMP is to be used aspart of the Digital FSM Project and will provide an accessible, rapid, fair and effective response to concerned stakeholders,
especially any vulnerable group who often lack access to formal legal regimes.
364. While recognizing that many complaints may be resolved immediately, the Complaints Register and Grievance Mechanism set
out in this ESMP encourages mutually acceptable resolution of issues as they arise. The Complaints Register and Grievance
Mechanism set out in this ESMP have been designed to:a.

Be a legitimate process that allows for trust to be built between stakeholder groups and assures stakeholders that theirconcerns will be assessed in a fair and transparent manner;b.

Allow simple and streamlined access to the Complaints Register and GRM for all stakeholders and provide adequate
assistance for those that may have faced barriers in the past to be able to raise their concerns;c.

Provide clear and known procedures for each stage of the GRM process, and provides clarity on the types of outcomes
available to individuals and groups;d.

Ensure equitable treatment to all concerned and aggrieved individuals and groups through a consistent, formal approach
that, is fair, informed and respectful to a complaint and/or concern;e.

Provide a transparent approach, by keeping any aggrieved individual/group informed of the progress of their complaint,
the information that was used when assessing their complaint and information about the mechanisms that will be used
to address it; andf.

Enable continuous learning and improvements to the GM. Through continued assessment, the learnings may reduce
potential complaints and grievances.

365. Eligibility criteria for the GM include:a.

Perceived negative economic, social or environmental impact on an individual and/or group, or concern about thepotential to cause an impact;b.

Clearly specified kind of impact that has occurred or has the potential to occur; and explanation of how the project
caused or may cause such impact; andc.

Individual and/or group filing of a complaint and/or grievance is impacted, or at risk of being impacted; or the individual
and/or group filing a complaint and/or grievance demonstrates that it has authority from an individual and or group thathave been or may potentially be impacted on to represent their interest.

Digital FSM Environmental and Social Management Plan
366. Local communities and other interested stakeholders may raise a grievance/complaint at all times through the FSM Supreme
Court and/or the Ombudsman. Affected local communities should be informed about the ESMP provisions, including its grievancemechanism and how to make a complaint.
11.3.2.Grievance Mechanism
367. The GM has been designed to be problem-solving mechanism with voluntary good-faith efforts. The GM is not a substitute forthe legal process. The GRM will as far as practicable, try to resolve complaints and/or grievances on terms that are mutuallyacceptable to all parties. When making a complaint and/or grievance, all parties must act at all times, in good faith and should
not attempt to delay and or hinder any mutually acceptable resolution.
368. There will be an extensive process of stakeholder consultations undertaken in each activity location, to confirm the technology
and site selected. As part of this process, the communities will be informed of the GRM. The information provided will include
that the GM is for the entire public as well as for construction, and also for the entire project (not only construction related toComponent One).
369. The process for the GM is as follows:a.

The Aggrieved Person/Party may submit their complaint or grievance in person, by phone, text message, mail or email(including anonymously) to the CIU, DoTCI, FSMTCC (OAE), DHHS, TRA or Contractor; All correspondence will be
forwarded to the CIU Safeguards Team for logging into the GM database. The Safeguards Team will keep all records
of correspondence, resolution processes and close out.

b.

The agency receiving the complaint or grievance will endeavor to resolve issues within two weeks or pass on within 24
hours to the appropriate agency for resolution within two weeks. Where the Aggrieved Person/Party is not satisfied, therelevant Implementing Agency, CIU Safeguards team or Contractor will refer the Aggrieved Person/Party to the Digital
FSM Project Manager. For complaints that were satisfactorily resolved by the Aggrieved Person/Party, the incident andresultant resolution will be logged by the CIU Safeguards Team and reported to the Digital FSM Project Manager. For
complaints that were satisfactorily resolved by the contractor, the incident and resultant resolution will be logged by the
CIU Safeguards Team and reported to the Digital FSM Project Manager;c.

If unsuccessful, the complaint will be escalated to the Digital FSM Project Manager;d.

The Digital FSM Project Manager will endeavor to address and resolve the complaint and inform the Aggrieved
Person/Party. For complaints that were satisfactorily resolved by the Digital FSM Project Manager, the incident andresultant resolution will be logged by the CIU Safeguards Team. Where the complaint has not been resolved, the Digital
FSM Project Manager will refer to the FSMTCC (OAE) General Manager and Secretary of DoTCI for his/heraction/resolution;e.

If the matter remains unresolved, or the Aggrieved Person/Party is not satisfied with the outcome, the Secretary of
DoTCI or the FSMTCC (OAE) General Manager refers the matter to the Project Steering Committee for a resolution.
The Digital FSM Project Manager will log details of issue and resultant resolution status;f.

If it remains unresolved or the complainant is dissatisfied with the outcome proposed by the Project Steering Committee,
the Aggrieved Person may refer the matter to the appropriate legal or judicial authority. A decision of the Court will befinal; andg.

Feedback must be provided to the lodger of each step no less than weekly, or more often if suitable.

370. Where the matter is referred to the Digital FSM Project Manager, a resolution should be sought within two weeks. If unsuccessful
and the matter is referred to the Project Steering Committee, this should occur within a month.
371. Each record is allocated a unique number reflecting year and sequence of received complaint (for example 2019-01, 2019-02etc.). Complaint records (letter, email, record of conversation) should be stored together, electronically or in hard copy. CIU
Safeguards Team will prepare a monthly report on the GM to the Digital FSM Project Manager. The Digital FSM Project Manager
will be responsible for undertaking a regular (at least monthly) review of all grievances to analyze and respond to any common
issues arising..
372. Any grievance related to corruption or any unethical practice should be referred immediately to the Ombudsman of the FSM
Supreme Court.

Digital FSM Environmental and Social Management Plan
11.3.3.Complaints Register373. A complaints register will be established as part of the Digital FSM to record any concerns raised by the community during
construction. Any serious complaint will be advised to the World Bank and DoTCI within 24 hours of receiving the complaint. The
complaint will be screened. Following the screening, complaints regarding corrupt practices will be referred to the World Bankfor commentary and/or advice along with the Ombudsman.
374. Wherever possible, the project team will seek to resolve the complaint as soon as possible, and thus avoid escalation of issues.
However, where a complaint cannot be readily resolved, then it must be escalated.
375. A summary list of complaints received, and their disposition, along with key statistics on the number of complaints and duration
taken to close out, must be published in a report produced every six months by the CIU Safegaurds Team for reporting to theWorld Bank by the DoTCI and the FSMTCC (OAE).
11.3.4.World Bank Complaints Framework376. In addition to the project GM, complainants have the option to access the World Bank’s Grievance Redress Service, with bothcompliance and grievance functions. The World Bank Integrity Vice Presidency and Grievance Redress Service investigatesallegations that World Bank's Standards, screening procedure or other World Bank social and environmental commitments are
not being implemented adequately, and that harm may result to people or the environment. A compliance review is available toany community or individual with concerns about the impacts of a World Bank program or project. The Grievance Redress
Service is mandated to independently and impartially investigate valid requests from locally impacted people, and to report its
findings and recommendations publicly.
377. The Grievance Redress Service offers locally affected people an opportunity to work with other stakeholders to resolve concerns
about the social and environmental impacts of a World Bank project. The Grievance Redress Service is intended to supplement
the proactive stakeholder engagement that is required of World Bank and its Implementing Partners throughout the project cycle.
Communities and individuals may request a Grievance Redress Service process when they have used standard channels for
project management and quality assurance and are not satisfied with the response (in this case the project level grievance
redress mechanism). When a valid Grievance Redress Service request is submitted, World Bank focal points at country, regionaland headquarters levels will work with concerned stakeholders and Implementing Partners to address and resolve the concerns.
Project affected communities and individuals may submit their complaint to the WB’s independent Inspection Panel which
determines whether harm occurred, or could occur, as a result of WB non-compliance with its policies and procedures.
Information can be found at http://www.worldbank.org/en/projects-operations/products-and-services/grievance-redress-service
for more details. For information on how to submit complaints to the World Bank Inspection Panel, visit www.inspectionpanel.org.

Digital FSM Environmental and Social Management Plan

12 INSTITUTIONAL ARRANGEMENTS FOR THE ENVIRONMENTAL AND SOCIALMANAGEMENT PLAN
378. Chapter 5 of this ESMP describes the broader legal and policy framework relating to Digital FSM. Operational relationships are
set out as follows.
379. The project has four implementing agencies, DoTCI, FSMTCC (OAE), TRA and the Department of Health and Human Services
and will be responsible for the implementation and compliance with the ESMP, SEP, LMP and Land Access Process. The
Safeguards Team of the Central Implementation Unit will support implementation and compliance. The ESMP will be part of any
tender documentation especially Component One and will be provided to the contractor as part of the bid process for inclusionin their tender package.
380. Under Component 1 the FSMTCC (OAE) will engage Roll Out Manager who will supervise the contractor. The contractor for
Component One will employee an Environmental, Occupational Health and Safety (EHS) Officer to manage all matters related
to the ESMP. The contractor’s EHS officer will coordinate and been overseen by FSMTCC (OAE) with reference to the DoFACIU Safeguards team who will develop the safeguard monitoring requirements and will oversee the collection, management andreporting of the daily information. The CIU Safeguards team will periodically undertake site visits to monitor the on the ground
activities.
381. The DoFA CIU and/or FSMTCC (OAE) may retain an independent safeguard officer to independently review the scope of works(weekly or biweekly basis) and would then report to DoFA CIU and/or FSMTCC (OAE). Any appointment will be decided on astate by state basis.
382. The contractor undertake specific physical activities will maintain and keep all administrative and environmental records which
would include a log of complaint/s together with records of any measures taken to mitigate the cause of the complaints. Further,
the contractor will be responsible for the day to day compliance of the ESMP.
383. The contractor’s EHS officer will be required to undertake a training and awareness program consistent with FSM and WorldBank ESF requirements. The DoFA CIU safeguards team will undertake this training to ensure the safeguards officer has the
skill set to complete the tasks associated with the implementation of the ESMP.
384. The remainder of the environmental and social matters for Components Two through Four will be overseen by the DOFA CIU
Safeguard team in conjunction with DoTCI, TRA and DHHS.
385. DoFA through the CIU will assist as the entity for fiduciary functions, including procurement, financial management andsafeguards support for projects financed by international donors and will provide an oversight function on Digital FSM
implementation with support in areas of procurement, finance and safeguards.
386. The safeguards team will be supported by the Environmental and Social Specialists on the World Bank task team. The WorldBank task team will be represented by a Task Team Leader and Co-Task Team Leader, who will lead a team of people withdifferent technical specializations.
387. The ESMP and SEP will be implemented for Component 1 by CIU Safeguards Team during design to ensure design matters do
not conflict with the ESMP, with periodic review by WB as necessary, prior to design being finalized any works being undertaken.
The ESMP identifies potential risks to the environment and social matters from the projects and outlines strategies for managing
those risks and minimizing undesirable environmental and social impacts. Further, the ESMP provides a GM for those that may
be potentially impacted by the projects that do not consider their views have been heard.
388. CIU will be responsible for the revision or updates of the ESMP during the course of the Digital FSM Project, in consultation withthe relevant Implementing Agency(ies).
389. The Contractor will include environmental and social management reports within their weekly and monthly reports to the Roll Out
Manager and cc. this report to the CIU Safeguards Team. EHS incidents will be reported within 24 hours.
390. The CIU Safeguards Team are responsible for collating the reporting from Contractors and Implementing Agencies and preparing
periodic (at least six monthly) reports to the World Bank as part of Project reporting protocols. This includes EHS incidents andnear misses, GM statistics, progress against the ESMP, consultation activities and outcomes, and any foreseeable or impending
issues for the next six-month period.

Digital FSM Environmental and Social Management Plan

13 DISCLOSURE
391. The World Bank has requirements for information disclosure under ESS10, as outlined below in Figure 4.

Figure 4 ESS10 Information Disclosure Requirements
392. As part of the requirements of World Bank ESS10: Stakeholder Engagement and Information Disclosure and ESS1: Assessment
and Management of Environmental and Social Risks and Impact, the following will be disclosed:a.

Environmental and Social Commitment Plan (ESCP);b.

Environmental and Social Management Plan;c.

Stakeholder Engagement Plan;d.

Disclosure of project-related information, consultation and effective feedback for community engagement during
implementation of the Stakeholder Engagement Plan.

393. The Government of FSM needs to provide sufficient information about the potential risks and impacts of the project for the
consultations with its stakeholders. Such information will be disclosed in a timely manner, in an accessible place, and in a form
and language understandable to project-affected parties and other interested parties as set out in ESS10, so they can provide
meaningful input into project design and mitigation measures. A newspaper advertisement will alert the public to the disclosureof the instruments Likewise, DoTCI and the FSMTCC (OAE) will ensure that copies of all prepared safeguard instruments areavailable locally at the DoTCI and FSMTCC (OAE) office, easily accessible to interested and affected groups and local NGOs.

Digital FSM Environmental and Social Management Plan

14 ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN MONITORING, EVALUATION ANDREPORTING
395. The contractor for Component One will provide the necessary information as per Chapter 7 to DoTCI and FSMTCC (OAE) as
required by this ESMP.
396. The DoFA CIU safeguards team will have coordination responsibility for ESMP monitoring and evaluation of progress, particularly
with respect to Component One with the contractor’s safeguards officer. Six monthly reports will be prepared by the CIU, in
consultation with the Implementing Agencies. Reporting to the World Bank will be undertaken in accordance with Project
reporting process.

Digital FSM Environmental and Social Management Plan

15 ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN CAPACITY BUILDING
15.1. CAPACITY DEVELOPMENT
397. DoTCI and the FSMTCC (OAE) do not have in-house safeguards specialists, therefore the DoFA CIU safeguards team will fulfill
the Digital FSM safeguards role for the duration of the Digital FSM.
398. The DoFA CIU safeguards team will contribute to capacity building of DoTCI and the FSMTCC (OAE) through the technicalsupport and advisory role delivered during the preparation and implementation of sub-projects, the review of safeguards
instruments, and in ESMP monitoring and reporting.
399. Other short-term consultants may be engaged from time to time to perform specific tasks including, as necessary, consultation,awareness raising, monitoring and evaluation, external monitoring of implementation.
1.1.1

Training

400. The CIU safeguards team shall have the skills and expertise to train and mentor local counter-part staff and others. This will besupported by training to be conducted by the World Bank on its Environmental and Social Framework.
401. Areas recommended for DoTCI and FSMTCC (OAE) training include the following –a.

World Bank’s Environmental and Social Framework, in particular those relevant to the Digital FSM Project;b.

Social risks of internet use and available methods to manage risks, including those related to GBV;c.

Roles and responsibilities of different key agencies in safeguards implementation; andd.

How to effectively integrate the ESMP and SEP into Digital FSM management and implementation.

402. Training in the above areas is recommended to be held within three months of Digital FSM initiation.
403. On-going support will be provided by the World Bank team for the duration of the Digital FSM, including during environmental
and social screening of sub-projects and review of prepared safeguards instruments.
404. Delivery organizations have the responsibility for ensuring systems are in place so that relevant employees, contractors andother workers are aware of the environmental and social requirements for construction, including the ESMP/ESMP.
405. All Digital FSM personnel will attend an induction that covers health, safety, environment and cultural requirements.
406. All workers engaged in any activity with the potential to cause serious environmental harm (e.g. handling of hazardous materials)
will receive task specific environmental training.

Digital FSM Environmental and Social Management Plan

16 ENVIRONMENTAL AND SOCIAL MANAGEMENT PLAN BUDGET
407. A budget has been prepared for the implementation of the ESMP. These items are over and above those considered to becovered by normal operations.
Item

Cost

ESMP Updating and Auditing (consultant)$10,000

General ESMP Expenses (travel, printing)$20,000

Site Specific Environmental and Social Assessment/s (consultants)$50,000

Component One – Stakeholder Engagement for Planning and Construction (Travel,materials, venue hire)$150,000

Component One – Consultations and Land Permissions$200,000(Travel, materials, venue hire)
Component One – Consultations and Land Permissions for Outer Islands$150,000

Component Two and Three – Stakeholder Consultations and Information Brochures$100,000(Travel, materials, venue hire)
Additional services (consultants)$50,000

Total$780,000

408. Construction-related safeguards implementation for Component One will be part of the contractor’s budget.

Digital FSM Environmental and Social Management Plan

Annexure One - Summary of Stakeholder Engagement
Workshops and stakeholder meetings were held in August 2019 in all four states of FSM. The main objectives were to ensure thatstakeholders understood the proposed project, had the opportunity to raise any concerns that could determine the project design,
clarify information provided, and determine stakeholders’ attitudes towards the project. The preliminary stakeholder consultations werealso an opportunity to identify any major risks that could be anticipated. Details of the consultations are available as part of the
Stakeholder Engagement Plan (SEP).
The consultations were based on the information provided to the consultant at the time of the assessment. Subsequent changes in the
projects scope of works were not included.
Consultations were held with 74 organizations and agencies, including special interest groups related to gender, youth and disabilities.
State

Information Dissemination and Consultation Meeting

Other Consultations

Yap

6 organizations

11 organizations

Chuuk

10 organizations

9 organizations

Pohnpei

19 organizations

1 organization

Kosrae10 organizations

3 organizations

National(no workshop – individual meetings only)

5 organizations

In all consultations, stakeholders indicated that they supported the project and wanted it to commence as soon as possible. They also
indicated that they would provide support as needed to resolve any issues that may arise, such as land permissions. Overall, thestakeholders indicated that the project benefits would far outweigh any negative risks or impacts.
The following emerging themes identified in discussions were similar across all states:a.

Existing Internet Access. All states have an existing level of internet access – although somewhat constrained byprice, reliability, connection speed and availability. The social risks associated with internet use are already being
experienced in FSM. Opportunities to reduce these downside risks are needed, irrespective of this project.

b.

FSM citizens may be particularly appealing targets for online scams, fraud and identify theft due to their rights towork, live and study in the USA as a result of the Compact of Free Association between the USA and FSM.

c.

Legislation and Regulations – a gap analysis of legislation and regulations is needed to consider the social risks. In
some states, law enforcement is also somewhat limited (e.g. Chuuk). It would be recommended that this can beundertaken as soon as possible, even prior to construction.

d.

Public Perception of FSM Telecommunication Corporation – in all states, one of the primary concerns raised duringconsultations by a wide range of stakeholders was the role of FSM Telecom in the project. Public perceptions were that
FSM Telecom are not trustworthy, have an anti-competitive stance, and have been providing bad services at high cost.
There is a lack of understanding as to why internet hasn’t improved already given the fiber landing in three of the fourstates, which may have partially resulted in misunderstanding of what was delivered under the prior project (submarine
cables). Key messaging for ongoing stakeholder engagement should reiterate the separation of roles between the Open
Access Entity (OAE), Telecommunications Regulatory Authority (TRA) and FSM Telecom and the possibility of
improved competition in the telecommunication retail sector through ‘liberalization’, which would appear to be publicly
supported. The implications of these for end users should also be clearly articulated. Concern was raised regarding
economic benefit going to FSM Telecom (national level) rather than being retained within the states.

e.

Existing Fiber Networks and Associated Infrastructure – FSM Telecom have installed their own infrastructure insome locations, including fiber networks (e.g. Weno island in Chuuk), and towers in various locations, including someouter atolls. This investment has included funding through grants, and in some cases may not be compatible with being
opened to other retailers to use as the market opens. FSM Telecom is continuing to deploy additional infrastructure in
new locations concurrently with the Digital FSM preparation process.

f.

Selection of Outer Islands to be included – All outer atolls with a population over 100 people are to be included in
the project. This is currently estimated at 42 atolls based on data from the last national census in 2010 (and somesampling in 2013). As the next census is scheduled for 2020, this could be an up to date basis for determining whichatolls should be included in the project. Atolls often consist of a collection of islands within close proximity to each other,and the population may be over 100 people but distributed across small, proximal islands within the atoll. Further
consideration may be needed regarding the criteria to select atolls to be included. Defining the population numbers is

Digital FSM Environmental and Social Management Plancomplex due to significant fluctuations between school holiday periods, weekends/weekdays due to regular intra andinter-island commuting for schooling and work.
g.

Viability of Outer islands – Ongoing maintenance of infrastructure provided to outer atolls will be a considerable
challenge and cost. Some of the outer atolls are prohibitively difficult to access (e.g. 25 hours or more by fishing boat in
the Mortlock islands, or further in Pohnpei and Yap states). The cost and practicality of maintaining service to outerisland communities with little to no formal economy or ability to pay for services would need to be factored into themodeling for the FSMTCC (OAE), to ensure that the infrastructure provided remains viable over the long term and that
it is able to benefit low income or vulnerable people. Training locals to be able to undertake maintenance in each atoll
could also reduce the overhead costs and response times. Internet services are critical for these remote communities,
by providing increased access to government services, welfare, education, health as well as better connectivity tofamilies, friends and social networks. Increased access to communication for emergency response (including boats atsea) would also be potentially life saving.

h.

Inclusive Access – irrespective of the provision of physical infrastructure for connectivity through the proposed WorldBank grant funding, end users will obtain access to services through a retail provider, of which currently FSM Telecom
is the only option. There is a risk that vulnerable groups – low income households (typically female headed, and thosewith more children), people living with disabilities, the unemployed or those living in remote locations (including the outeratolls) will possibly be unable to access and/or afford internet services. A funding mechanism for service provision tovulnerable communities could be considered (e.g. regulations on pricing, a fund that can support low income householdswith connection costs, etc.). Another option may be communal services (rather than individual).

i.

Timelines and Sequencing. There was significant interest from stakeholders in the project proceeding as soon as
possible, with many requests for priority connections (including to the outer islands and Kosrae to correspond with thesubmarine cable landing). Many were of the opinion that remote communities should be serviced first, however an
overall assessment of the priorities would need to be undertaken in conjunction with the procurement team andcontractors to see what is viable.

j.

Engagement of local companies during construction. There was consistent interest across the country for local
labor to be used where possible for construction, given the scarcity of employment opportunities. The FSM labor law
requires foreign companies to train locals.

k.

Government eServices – there are government eServices already being developed for the health and education
sectors. Coordination with these would be needed to avoid duplication of systems under the framework. There wassome concern about a national ID system that linked multiple eServices together, although the benefits were also
recognized. This would require further consultations with clear representation of what is proposed and the implications.
Questions were also raised about if these systems would be national or state level, reflecting some concerns over thecentralization of data that may need to be factored into the eServices framework.

Particular concerns in each state include:
Chuuk
a.

Lack of electricity. A number of the lagoon islands are currently lacking roads, easements and electricity. There aresome planned solar electrical mini-grid projects. Some households have private generators, but there is no data
available.

b.

Land permission need to be carefully managed, however there is likely to be community and leadership support (formal
and traditional) for the project that will support this going forward. Within the lagoon, the current proposal is for fiber
cables to be laid on five of the islands in Chuuk lagoon, microwave connections between other lagoon islands andsatellite connections to outer islands. This proposal has implications for land permissions, as follows:i.

Weno – There are existing roads and easements (primary and secondary roads) on Weno, however historicallythese easements have been problematic for infrastructure development. There has been community resistance todigging, which is seen as being particularly intrusive (e.g. for underwater pipes or other services), although there
is an ADB grant to assist with underground water supply on Weno. Chuuk is also subject to typhoons that impact
overhead cables. FSM Telecom have built an above ground fiber network around Weno with grant funding;however, it is unclear if this network is suitable or compatible to being opened to other retail providers.

ii.

Tonoas – There is a section of road on Tonoas with easements, however other parts of the island do not havepublic land - this would need to be negotiated for the project to proceed. There is another World Bank project that
may also be involved in road construction in Tonoas.

iii.

c.

Digital FSM Environmental and Social Management Plan
Fefan, Udot and Uman – these islands lack existing roads or public easements, as they were not agreed to by
the landowners previously. If the proposed fiber cables are to proceed, significant negotiations would be needed
regarding land permissions on these islands. In the event that new technologies (such as 5G) are imminent, thetime and cost of this process may not be warranted. The island of Udot through a sister WB project is developing
a solar mini grid system that will include power cable burial to service all households on the island. Community
agreement has been reached to utilize community walking tracks and as such Digital FSM project may be able topiggy-back on this system.

iv.

New base stations are proposed for the Faichuk islands (3), Parem (1), Fefan (2), Tonoas (1) and Uman (2). For
all of these, appropriate sites would need to be identified and a suitable land parcel negotiated with the local
landowners.

v.

Existing base stations are proposed to be upgraded used on Romanum (1), Fred (1), Takuro (1) and Weno (6).

vi.

Outer Islands – it is proposed that 4G LTE towers will be sited on public land associated with existing government
facilities (schools, health clinics, solar generation sites, cell phone sites, etc).

There are opportunities for coordination with other planned infrastructure projects, includingi.

World Bank Infrastructure Grant – will likely be used for road construction on Tonoas

ii.

World Bank Energy Project – if cables are laid between the lagoon islands, then it could be worth consideringlaying fiber cables at the same time (although the cost benefit of this would need to be considered). There may be
additional opportunities to share sites for solar panels and telecommunication towers with this project (see Udot
above).

iii.

ADB grant for a new water system on Weno, implemented with the Chuuk Power Utility Corporation (CPUC). This
project is planning to run underground water pipes around Weno.

Kosraea.

Road Alignments – on Kosrae, there are two new proposed roads (realignment of a coastal road and a new cross-inland
route). The fiber location should be considered in the context of these roads, noting that the coastal road is proposed
to relocate due to rising sea levels, however, also services a number of existing households.

b.

Walung Community – this community are currently difficult to access by a gravel road in disrepair, or by boat from theairport. The community are supportive of the project. There is no road in the community or existing easement, however
the state government supported by an ADB project are currently in the process of obtaining permissions fromlandowners for an electricity project to run a cable along the same route as a fiber cable. A site for a microwave tower
would also need to be confirmed (potentially on the existing school site) and formally agreed with the community. On
the other side (near the airport), the WIMAX tower would also need to be sited with suitable land identified andnegotiated.

c.

Easements under Review – over 1,000 easements around Kosrae are currently under review to confirm that they arevalid. This will be completed prior to project commencement and will ensure that they are robust and less likely to bechallenged.

d.

Foreign Workers – there have been issues in Kosrae with regards to foreign workers and prostitution, including
underage. There are also issues of workers leaving children behind with local women.

a.

Existing Government eServices – there is an existing system being developed by the Department of Education
containing student and staff records. Similarly, there is an existing system being developed by the Department of Healthfor eHealth records.

b.

Significant concern regarding FSM Telecom – interest in understanding the future possibility of FSM Telecom and FSM
TCC-OAE becoming one entity and retaining monopoly over service provision.

c.

Human Trafficking Prevention – more support was requested in this area, especially given the increased risks andexposure of more internet access.

PohnpeiDigital FSM Environmental and Social Management Plan

Yapa.

Rumung community (Yap Proper) – currently have no electricity, copper telephone cable and only basic roads (noeasements). The community were interested in being included as part of the current project. They have a cell site
currently through FSM Telecom; andb.

Village groups – there may be some land issues where houses are built behind other houses in clusters. Strategies forthese scenarios will need to be developed and could include a community based wireless distribution option.

Key Recommendations resulting from Consultations:a.

The project was requested to address Community Awareness Raising, including:oParental awareness raising program regarding online risks to children (including grooming and violent or
explicit content) and parental control options (delivered through schools and NGO/CBOs);oCyber-bullying awareness raising campaign (schools and parents);oBroad community awareness raising on scams, fraud, viruses, hacking and identify theft;oNational reporting line for online scams, fraud, etc.; andoRegional Cyber-Crime Cooperation, including human trafficking.

b.

Maintenance capacity building in remote locations, including outer islands, also needs to be considered.

c.

Gap analysis for Legislation and Regulations – preferably to be undertaken as soon as possible, such that any
updates have time to be implemented prior to the increased service provision being available. This also applies to theawareness raising program above.

d.

Land permission – Further consideration is needed regarding the proposed infrastructure for Chuuk state, given theconstraints of land permissions within some of the Chuuk lagoon islands.

e.

FSM Telecom – The public will need clear messages regarding the roles of FSM Telecom and the FSMTCC (OAE), as
well as the regulator (TRA). A strong regulator will be a key component to ensuring public value for money and affordable
services, and this will need to be implemented in practice as well as clearly communicated to the public.

f.

Cultural Awareness Training and Health Testing for Workers (no bikinis, no photos of stone money banks, notrespassing on private land) before arriving, as well as STD and other communicable disease (e.g. TB) testing (workwith public health).

g.

Locals Workers should be engaged for construction works where possible.

Consultations were undertaken in each state and at the national level in August 2019. The organizations and agencies consulted areoutlined below.
State

Information

Dissemination

andMeetingNational

N/A

Yap

Department of Public Works
FSM Telecom
Yap Chamber of Commerce
Yap State Public Service Corporation
Manta Ray Bay Resort
Media and Protocol

Consultation

Other Consultations
Central Implementation Unit (DoFA)
Telecommunication Regulatory Authority
Attorney General’s Office
Human Trafficking Project
National Police
Attorney General’s OfficeDirector of Health
Environmental Protection Authority
Yap Chamber of CommerceLand and Marine Resources
Yap Women’s Association
Senator and Chief – Rumung Island
Governor and Senators / Legislature
Council of Chiefs – Pilung (Yap Proper)ChuukChuuk Public Utility Corporation (CPUC)
Department of Transportation and Public Works
Legislature
Department of Education
Department of Health Services
Chamber of Commerce
FSM Telecom
Economic Commission
Department of Administrative Services
Mortlock Islands Development Authority (MIDA)

State

Information

Dissemination

andDigital FSM Environmental and Social Management Plan
Council of Chiefs – Tamol (outer islands)
Others (Lubuw, Margery, Bill Ackers)
Governor
Attorney General
Department of Resources (Land and Marine)
EPA
Chuuk Youth Council
Lagoon Islands Representatives (Fefan)
Chuuk Women’s Council
Chuuk Power Utility Corporation (CPUC)
Chuuk Outer Islands Representatives (Mortlock Islands)

Consultation

Other Consultations

Meeting
KosraePohnpei

Department of Transportation and Infrastructure
FSM Telecom
Governor
Attorney General
Senators with Legislature
Department of Administration and Finance
Department of Resources and Economic Affairs
Municipality Representatives
Project Management Office
Small Business Center
Lt. Governor
Division of Budget/Finance
Department of Health and Social Services
Department of Resources and Development
Attorney General's Office
Department of Education
Department of Land
Outer Island Chief Executives (Municipality
Representatives)
Pohnpei Housing Authority
FSM Telecommunications Corporation
PREL
Office of Fisheries and Aquaculture (OFA)
Public Affair's OfficePohnpei Consumer's Association (Disability)
Pohnpei Transportation Authority
Pohnpei Environmental Protection Agency
Pohnpei Community Health Center
Micronesia Conservation Trust (NGO)USAID Climate Ready (NGO)Walung Community Consultation Workshop
Governor
Department of Resources and Economic Affairs

Department of Social Affairs – Gender representative

Digital FSM Environmental and Social Management Plan

Annexure Two - Description of Bio-Physical Environment
The following section provides an overview of the bio-physical environment of the four states of the FSM.

Geology, Topography and Soils
National
The geology of Micronesia is complex, comprising six distinct geological subregions varying in age from about 97 million years in the
Marshall Islands, the oldest coral atolls on earth, to relatively young islands with active volcanoes in the Northern Marianas. Yap isformed from upraised continental crust.
There are four types of island these being:a.

Volcanic ‘High islands’ which can be highly rugged in their basalt interiors and typically surrounded by fringing or barrier
reefs;b.

Low lying atolls;c.

Raised coral islands; andd.

Low coral islands.

Chuuk
Chuuk is a large archipelago with mountainous volcanic islands surrounded by a string of coral islets on a barrier reef. There are 19
high volcanic islands within Chuuk Lagoon. The coastal lowlands consist largely of mangrove swamps, freshwater marshes, beaches
and raised beach deposits. The uplands make up approximately 73% of the islands, and the coastal lowlands about 27%.
Soil scientists determined that there are about 13 different kinds of soils in Chuuk.8 The soils in the mountainous areas, except thosethat are too steep, are moderately deep to very deep and are well drained. These upland soils are generally well suited to subsistence
farming and woodland. Most of the soils of the coastal lowlands are limited for agriculture due to wetness.
Kosrae
The island of Kosrae is characterized by steep, rugged mountains, and dense jungle in the interior. Several mountain peaks are about
600 m above sea level. Adjacent to the steep mountains and extending in some areas to the shoreline are nearly level to gently sloping
foot slopes, alluvial fans and bottom lands. Mangrove swamps and sandy coastal strands surround much of the island. The
mountainous areas make up approximately 70% of the island, foot slopes, alluvial fans and bottom lands about 15% and the remaindermangroves and coastal beaches.
It has been determined that there are about 17 different kinds of soil on Kosrae. The soils in the mountainous areas are generally
moderately deep to shallow, well drained, and gravelly or cobbly, derived dominantly from basic igneous rock. The soils in the bottom
lands are level to nearly level, very deep and somewhat poorly drained to very poorly drained. They formed in alluvium derived
dominantly from basic igneous rock and inorganic deposits. The soils on the coastal strands and in coastal tidal marshes are level andnearly level, moderately deep and very deep, and are somewhat excessively drained and very poorly drained. They formed in alluvium
derived dominantly from basic igneous rock, water- and wind- deposited sand derived dominantly from coral, and organic deposits.
PohnpeiPohnpei is a high volcanic island, having a rugged, mountainous interior with peaks as high as 798 m above sea level. The mountainsof Pohnpei are the highest in the FSM. Pohnpei consists of one main island surrounded by an inner coral reef, 23 small basaltic islets,
a number of inshore deposit islet, and an outer encircling barrier reef with about 15 low coral islets. The outer reef and the inner fringing
reefs are separated by a relatively deep lagoon ranging from 1.5 to 8 km across. Within the lagoon are the basaltic and inshore deposit
islets. In the southeastern section, there is no lagoon, as the outer barrier and inner fringing reefs have been joined together.

8 Laird, W. E., (1980) Soil Survey of Islands of Truk, Federated States of Micronesia. US Department of Agriculture, Soil Conservation Service.

Digital FSM Environmental and Social Management Plan
Both the outer barrier reef and the main volcanic island are roughly pentagonal in shape. Pohnpei is about 21 km in diameter and
112km in circumference. Including lagoon islands, the land of Pohnpei covers approximately 340km2. The soils of the island of Pohnpei
are grouped into 18 different types.9
Yap
The Yap Islands comprise an island arc system on the eastern convergent margin of Philippine Plate. They are composed of continental
crust and consist of two distinct sequences: ancient weathered volcanic rock and weathered metamorphic schists, accompanied bycoral sand and mangrove mud. The islands are surrounded by a broad fringing barrier reef. Yap has a gentle topography, rising to a
maximum elevation of about 175m on Mt. Matade. Strong hydrothermal alteration is observed everywhere and might have played arole in producing poor soils for vegetation or for other agriculture.
The soils in the southern part of the island of Yap are mainly nearly level, they are on a dissected bench and are underlain by very soft
volcanic breccia. The soils in the northern part are hilly and mountainous. They are underlain mainly by green, chlorite, and talc schistand amphibolite that are very hard to soft, but in a few areas, they are underlain by weathered volcanic breccia. Soil scientists havedetermined that there are about 16 different soil kinds on the islands of Yap. The soils range widely in texture, natural drainage, depth,
fertility and other characteristics.
The soils on the coral limestone islands are nearly level, somewhat excessively drained, very deep and sandy or are steep, welldrained, shallow and loamy and are associated with rock outcroppings. The upland soils are mostly nearly level to steep, well drainedor somewhat poorly drained, and fine textured. Most areas of these soils are well suited to agricultural forest crops.
The soils on bottom lands are level to nearly level, somewhat excessively drained to very poorly drained and sandy, clayey, or mucky.
They are mostly in small areas adjacent to the coast. The very poorly drained soils are well suited to the production of taro.

Seismic Activity
Most of the islands in FSM are situated in a relatively quiet seismic area (for example, Pohnpei is located in a seismic Zone 1 asclassified by the Trust Territories of the Pacific Islands Design Criteria 1970). The exception is the island of Yap, which is situatedclose to the Pacific “ring of fire” (Figure 5) These tectonic plate boundaries are extremely active seismic zones capable of generatinglarge earthquakes and, in some cases, major tsunamis that can travel great distances.
While significantly damaging earthquakes have not been observed in recent times, FSM is subject to large tsunamis, as evident by thelarge tsunami run-ups of 1837, 1849 and 1899, which caused death and destruction in the Caroline Islands. Pohnpei island has notbeen affected the serious damage by earthquake since 1971.
Yap has a 40% chance in the next 50 years of experiencing, at least once, light to moderate levels of ground shaking. These levels of
shaking are expected to cause minor damage to well-engineered buildings. Much lower levels of shaking are expected in the othermain islands of FSM. In terms of expected annual economic-social wealth (EWS) loss risk due to earthquakes, FSM sits in the second
lowest zone

9 M. Onjo, T. Kitagaki, N. Miyauchi, S. Tominaga and M. Hayashi (1995) Preliminary Report on Soil Conditions in Pohnpei Island. Kagoshima Univ.

Res. Center S. Pac, Occasional Papers, No. 26, 5-7.

Digital FSM Environmental and Social Management Plan

Figure 5 Epicenters of earthquakes in the west Pacific Islands region10

Unexploded Ordinances
FSM has a slight issue with unexploded ordinances (UXO) dating back to the Japanese occupation of the islands during World War
II.11

Climate
FSM lies near the Equator in an immense ocean; therefore, the climate is generally tropical (warm and humid). Temperatures vary
little, with yearly temperatures averaging 27ºC, with the difference between the warmest and coolest month being only a few degrees.
The country has two seasons – a dry season from November to April and a wet season from May to October. Figure 6 shows themonthly maximum, mean and low temperatures for Pohnpei and Yap.
The islands are subject to typhoons and receive frequent heavy rains from May through November. Micronesia can be affected bytropical cyclones of the North Pacific Ocean, known in this area as typhoons. Typically, typhoons occur from April to December,
although they are more frequent between August and November. However, since the sea is always warm, sometimes they can also
occur from January to March, although usually during this period tropical depressions not intense are formed. The states of Chuuk andYap receive the majority of typhoon events.
Rainfall in the FSM is affected by the movement of the Intertropical Convergence Zone. This band of heavy rainfall is caused by air
rising over warm water where winds converge, resulting in thunderstorm activity. It extends across the Pacific just north of the equator(Figure 6). The wet season occurs when the Intertropical Convergence Zone strengthens and moves north close to the Federated
States of Micronesia. The West Pacific Monsoon also impacts rainfall, bringing additional rain during the wet season. The Monsoon isdriven by large differences in temperature between the land and the ocean, and its seasonal arrival usually brings a switch from very
dry to very wet conditions.
The FSM’s climate varies considerably from year to year due to the El Niño-Southern Oscillation. This is a natural climate pattern that
occurs across the tropical Pacific Ocean and affects weather around the world. In Pohnpei, El Niño tends to result in drier conditions
during the dry season, but higher than average rainfall during the wet season. La Niña tends to bring above average rainfall in the dry
season. The West Pacific Monsoon affects the western states of Chuuk and especially Yap more than the eastern states of Pohnpei

10 Rong, Park, Duggan, Hahdyiar and Bauzzurro (2012) Probabilistic Seismic Hazard Assessment for Pacific Island Countries. 15 WCEE Lisboa

2012.
11 Landmine Monitor Report 1999: Toward a Mine-free World by International Campaign to Ban Landmines

Digital FSM Environmental and Social Management Plan
and Kosrae. It tends to be farther east during El Niño, bringing higher rainfall, and in a more western position during La Niña, resulting
in less rainfall. The Intertropical Convergence Zone results in less rainfall during El Niño events and more during La Niña

Figure 6 Monthly air temperatures for Pohnpei and Yap 12

Air Quality
Outdoor air pollution is a mix of chemicals, particulate matter, and biological materials that react with each other to form tiny hazardous
particles. It contributes to breathing problems, chronic diseases, increased hospitalization, and premature mortality.
The concentration of particulate matter (PM) is a key air quality indicator since it is the most common air pollutant that affects shortterm and long-term health. Two sizes of particulate matter are used to analyze air quality; fine particles with a diameter of less than
2.5 microns (µm) or PM2.5 and coarse particles with a diameter of less than 10 µm or PM10. PM2.5 particles are more concerning
because their small size allows them to travel deeper into the cardiopulmonary system.
The World Health Organization’s (WHO) air quality guidelines recommend that the annual mean concentrations of Parts per Million(PM) 2.5 should not exceed 10 µm/m3 and 20 µm/m3 for PM10.
No data for ambient air quality for FSM is available. The small size of the islands and prevalence of strong maritime winds ensure thatany air emissions from vehicles, stationary sources or fires is quickly mixed with clean air and no pockets of lower air quality are likely
to exist.
Pohnpei EPA Air Pollution Control Standards and Regulations S.L. No. 2L-12-80 have set air quality standards, which are the desirable
levels of air quality for the State of Pohnpei. At these levels, air pollutants are not expected to produce health hazard or impairment,
injury to agriculture crops and livestock, damage to or deterioration of property, and hazards to air and ground transportation, or in any
manner, interfere with the protection of the public welfare.

Ambient Noise
Environmental Health and Safety (EHS) guideline levels for ambient noise levels for urban areas are 55 dBA (day) and 45 dBA (night).
Noise monitoring undertaken for the Pohnpei Port Development Project13 gives an indication of the typical ambient noise for urban
areas in FSM (Table 17). It is expected that the noise is urban areas would be lower than that observed at the port during the monitoring.

12 Australian Bureau of Meteorology
13 ADB (2013) FSM Pohnpei Port Development Project, Initial Environmental Examination. Project No. TA 8143-FSM

Digital FSM Environmental and Social Management Plan
Sampling Location

Noise Level (dBA)
Day

Night

Kolonia Town area (urban)

48.2

34.7

PPA Admin carpark

54.7

45.8

Table 17 Ambient noise levels in Pohnpei (ADB 2013)

Terrestrial Ecology
The FSM has in general high levels of species diversity and endemism considering its small size. The oceanic islands of the FSM are
critical storehouses of biodiversity. Major vegetation types in the FSM are cloud forest, native upland forest, palm forest, agroforest,
secondary vegetation, savanna grass and fern lands, freshwater marsh, swamp forest, mangroves, atoll forest, limestone forest of
rocky coasts and beach strand. The country forms part of two Global 200 World Wildlife Fund (WWF) ecoregions, namely the Yap
Tropical Dry Forest and the Caroline Tropical Moist Forest Ecoregion, and forms part of the Polynesia/Micronesia Hotspot.
Over 1,239 species of ferns and flowering plants have been described in the FSM. Approximately 782 species are native, including
about 145 species of ferns, 267 species of monocots and 370 species of dicots. Approximately 175 of these plants are considered
endemic to the FSM. Micronesia as a bioregion is considered to have amongst the highest density of endemic plants in the world witheach State in the FSM characterized by its own suite of endemic plant species (Yap 9, Chuuk 16, Pohnpei 47 and Kosrae 18 endemic
plant species).
Terrestrial ecosystems are also home to many unique avian, mammalian, reptilian and other species, including owls, flying foxes,
parrots, giant geckos, skinks, dragonflies, freshwater gobies and land snails: 27 species of reptiles and amphibians (four endemic);
four species of fruit bats (flying foxes) of the genus Pteropus (P. molosinnus, P. insularis, P. phaeocephalus, and P. ualnus) and asingle endemic sheath-tailed bat of the genus Emballonura; and, 234 species of birds including 19 endemics, 20 threatened, two (2)extinct and 13 introduced14. Endemic species include two (2) monarchs (Truk Metabolus rugensis and Yap Monarcha godeffroyi), 2
flycatchers (Pohnpei Myiagra pluto and Oceanic Myiagra oceanica), Pohnpei fantail (Rhipidura kubaryi), Pohnpei flycatcher (Myiagra
pluto), long-billed white- eye (Rukia longirostra), Pohnpei lorry (Trichoglossus rubiginosus), Caroline Islands Ground-Dove(Gallicolumba kubaryi), Mariana Fruit-Dove (Ptilinopus roseicapilla), and the Critically Endangered Pohnpei mountain starling (Aplonis
pelzeni). The current status of most of these species is unknown due to lack of ongoing or systemic monitoring, and lack ofunderstanding of species habitat and ecological requirements.15 There are also indications that the invertebrate fauna of the FSM isalso rich and interesting, however data is still limited

Invasive species
Invasive Alien Species (IAS) are the greatest threat to biodiversity in the Pacific Islands, contributing to the loss of native species
including endemics and traditional varieties of crops, and impacting on food security and tourism. Moreover, the threat has increased
as island nations develop, resulting in greater mobility among people, goods, and supplies.
FSM is no exception and in the last 150 years over 457 new plants have been introduced to the FSM, which amounts to 37% of the1,239 described species of terrestrial flowering plants and ferns. Introduced species account for 22% of plants in Kosrae, 40% in
Pohnpei, 37% in Chuuk and 39% in Yap. Native terrestrial mammals are limited to six taxa of fruit bats, of which five are endemic, andthe rest are introduced: three rat species, mouse, Philippine deer, and domesticated animals including livestock. Thirteen introduced
bird species have been recorded, including pheasants, doves, parrots, munias and the Eurasian Tree Sparrow (Passer montanus).
Amphibians are not native to FSM and the only species is the introduced cane toad (Rhinella marina syn: Bufo marinus). Of the 27
species of reptiles, five are endemic and two are likely to have been introduced.
A number of the invasive species entered Micronesia as a result of World War II. More recently, invasive species have been spreadby equipment used in road construction, and through western style agricultural projects.

14 http://avibase.bsc-eoc.org
15 FSM Department of Resources and Development Division of Resource and Development, Agriculture Program and Marine Program. Ridge to Reef

Project Document R2R5517

Digital FSM Environmental and Social Management Plan

Surface Water
Chuuk
Most of the islands of Chuuk lagoon are too small to have large and long rivers. The high islands have a number of small streams.
Only on Weno and some of the bigger islands do larger, significant rivers flow occur. The amount of water in them varies with rainfall.
After rainfall, much water flows through the streams, while during dry periods, most streams dry up. They are active only during andfollowing rainy weather. Few streams flow during the entire year. Unfortunately, due to uncontrolled dumping of solid waste andpollution from human and animal waste products, the quality of surface water is generally poor on Chuuk.
Only Weno and a few of the largest islands in Chuuk Lagoon have public water supply. Everyone else, on high islands as well as low
islands, must secure their own water. On high islands, people can get water from small streams and on low islands from shallow wells.
However, to have clean water that is good for drinking, the majority of people use rainwater harvesting systems to capture roof water.
KosraeKosrae is an extremely wet island. The relative humidity of air is always about 80-90%. The rainfall is well distributed throughout theyear and there is no noticeable dry season. Droughts are extremely rare on Kosrae. The last significant one was in 1983.
The abundance of rainfall feeds many streams and rivers. The streams and rivers run quickly through narrow valleys in steep mountainslopes but slow down when they reach the lowlands. They empty into the mangrove swamps and reefs around the island. Some of themost significant rivers on Kosrae are Finkol, Innem, and Okat, which flow to Utwe, Lelu, and Okat harbor, respectively
People who live in areas where public water supply is available rely on it for most of their needs. However, in some rural areas,
particularly in the village of Walung in southeastern part of Kosrae, people obtain water of quality good enough for drinking only bycapturing rain.
PohnpeiPohnpei is one of the world’s wettest places. On the average, it receives almost 5 meters of rain per year, with higher regions andmountain peaks getting over twice that much. Rainfall is distributed evenly throughout the year (only January through March receive
somewhat less rain than other months). This abundance of rainfall feeds over 40 rivers and many smaller streams around the island.
Most never dry out.
After major rainfall, which is quite common on the island, streams and rivers reach flood levels and torrents rush down mountain slopes.
As they reach lowlands, where terrain is less steep, the rivers slow down and flow in wider valleys. They empty into the mangroveswamps and the lagoon around the island.
People who live in densely populated parts of Pohnpei, particularly the town of Kolonia, get their water from the municipal supply. In
rural areas, people use water from nearby streams for most of their needs. However, as the quality of water in streams is generally notgood enough to be used as drinking water without treatment, many people rely on catching rainwater into tanks and using it as primarysource of water for drinking, cooking, and other needs.
Yap
Yap is the driest state in FSM. Average annual rainfall over the Yap Islands amounts to approximately 3 meters. Rainfall-runoff
comparisons indicate that about half of the annual rainfall runs off to the ocean on Yap Island and Gagil-Tamil. Streams on Gagil-Tamilare perennial but streams on Yap Island are dry an average of 3 months per year due to geologic differences. Analyses of water
samples from 23 sources in 1983 showed the good quality and the chemical similarity of surface and ground water.
As good public supplies of fresh water are available across the island, including in rural communities, most people do not maintainrainwater catchments for their drinking water. Only in certain areas, particularly the island of Rumung (highly traditional place separated
by a channel from the rest of Yap Proper) and some of the newer settlements inhabited by people from the outer islands, the lack ofsuitable public supply requires communities to maintain rainwater catchment tanks.

Groundwater
Groundwater resources vary from State to State and island to island. The following provides a high-level summary of groundwater
given the project is unlikely to have any impact on groundwater.

Digital FSM Environmental and Social Management PlanChuuk
On high islands of Chuuk, the rocks are not very porous and contain little groundwater. Nevertheless, people have drilled wells andextract groundwater for public supply. Though the wells do not yield a lot of water, they are an important source as streams and rivers
are insufficient to meet human demand.
On the low islands of Chuuk Lagoon, streams are absent altogether and all rainfall goes into the ground. That is because the rocks on
low islands are very porous. Shallow rocks are permeated by fresh water, which rests atop of salty water that permeates deeper rocks.
People on low islands can get freshwater from very shallow wells, just about 500mm below the ground surface.
KosraeKosrae has relatively little water that seeps through the soil and into cracks and pores in the volcanic rocks, but as surface water isplentiful on Kosrae, groundwater is not an important water source for residents. There are, however, many natural springs that issue
water from the ground and are highly respected as sources of water of excellent quality.
Pohnpei
The volcanic rocks on Pohnpei are not very porous so little of it seeps through the soil and into cracks and pores. None the less, many
natural springs exist.
The outer islands are low coral atolls, which means they are composed of limestone and sand, which are highly porous and unable toretain water. Freshwater is trapped as freshwater lens that float atop the deeper, salty groundwater. The availability of fresh
groundwater depends on island size and rainfall and diminishes during droughts.
Yap
The bedrock on Yap is metamorphic and volcanic. It yields little groundwater; however, groundwater is important in absence of othersources.

Digital FSM Environmental and Social Management Plan

Annexure Three - Social Assessment
This social assessment has relied on secondary data sources to profile the beneficiary population as a basis for stakeholder
consultations and social risk assessment. A number of consultations have also been undertaken in each state in August 2019. These
are documented in the Stakeholder Engagement Plan (SEP).

History and National Identity
The Caroline Islands were settled over 4,000 years ago by ancestors of the Micronesians. A decentralized chieftain-based system
eventually evolved into a more centralized economic and religious empire, based principally in Yap and Pohnpei 16. FSM was colonizedby Germany in 1898 and occupied by Japan in 1914. It was a major battleground during the second world war, resulting in numerous
war relics (including shipwrecks and unexploded ordinances) 17.
FSM has been an independent nation since 1986, when a Compact of Free Association between the United States and FSM (Compact)
came into effect in 1986, and a member of the UN since 1991. The Compact provides substantial economic support to the FSM (60%of the budget in 201918) and the relationship with the USA allows FSM citizens to reside, work and study in the USA 19.
The four states of FSM are highly autonomous, with their own governments and legislation that fall under an overarching national
system. Each state has considerable autonomy within the federation and are diverse in terms of language, cultural norms and land
tenure.
The sociocultural variance across the country has resulted in difficulties in creating a sense of national identity. The Compact with the
USA has contributed to the emergence of a national identity given its economic and political importance; however, this rarely
supersedes the importance of local identity as part of distinct ethnic groups with particular traditions and values 20. The idea of “unity indiversity” is in the preamble of FSM’s constitution: "To make one nation of many islands, we respect the diversity of our cultures. Our
differences enrich us. The seas bring us together, they do not separate us".
There has been a long-standing movement for independence in Chuuk state, culminating in a referendum that was scheduled forMarch 2019 that was postponed until 2020 under concerns of it being unconstitutional 21.
FSM is classified by the World Bank as a lower-middle income country (2019).

Population
The overall population of FSM is estimated to be 112,640 (World Bank, 2018), of which approximately 45 percent live in Chuuk, 37
percent in Pohnpei, 11 percent in Yap, and 7 percent in Kosrae. Whilst the population of the country declined between 1997 and 2010,
the population has consistently grown from 2010 to 2018. There is internal migration between the states, with the population of Chuukdeclining by 11% between 2000 – 2013 and the population of Pohnpei increasing by 13% over the same period 22. During the same
period the population of Yap and Kosrae has remained relatively stable.
Internal migration to the capital, Palikir, in Pohnpei state, is driven by employment with the National Government and generally higher
access to basic services. There is also outward migration of approximately 2% of the population per year due to the Compact.
As per many Pacific Island countries, the population structure is heavily weighted in favor of youth, with approximately 40% of the
population under 15 years of age in 2005, according to the United Nations (UN). Only 4% of the population was over 65 years of age
in 2005. According to the UN, the annual population rate of change for 2005–10 was expected to be 2.1%, a rate the government
viewed as too high. As of 2005, the projected population for the year 2025 was 115,000.

16 https://www.globalsecurity.org/military/world/oceania/fsm-history.htm
17 https://www.bbc.com/news/world-asia-pacific-15494620
18 https://www.abc.net.au/radio-australia/programs/pacificbeat/chuuk-independence-vote-pushed-back-another-year/10870644
19 https://www.bbc.com/news/world-asia-pacific-15494620
20 https://www.everyculture.com/Ma-Ni/Federated-States-of-Micronesia.html
21 https://www.abc.net.au/radio-australia/programs/pacificbeat/chuuk-independence-vote-pushed-back-another-year/10870644
22 Source: FSM 2000 Population and Housing Census Report (2002); FSM Division of Statistics and FSM Poverty Profile of FSM (2017, World Bank)

Digital FSM Environmental and Social Management Plan

Figure 1 – FSM Population (World Bank Open Data, 2019)

Figure 2 - FSM Population

People, Culture, Language and Religion
FSM is the largest and most diverse part of the greater Micronesian region. The vast majority of the population are indigenous andethnically Micronesian. There is a small portion of the population of Pohnpei state who are of Polynesian origin. Ethnicity andindigenous status are the basis of a broad cultural similarity across the country. However, the relative historical isolation of the islands,
driven by the geography of the country spread over a vast ocean area, has resulted in different customs, practices and strategicinterests developing in each island and village, including class, kinship and religious affiliation. As of 2004, most of the population is
Christian, with only 4.6% either professing another or no religion23.

Figure 7 provides the breakdown of the population by ethnic group, as of 2010.

Environmental
andSocialFramework,
EnergySectorDevelopment
in
FSM,
World
http://documents.worldbank.org/curated/en/290931468300652291/pdf/E44960V10EAP0E00Box385164B00PUBLIC0.pdf
23

Bank,

2014

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Figure 7 Ethnic Composition (2010)24:

Poverty Profile
The most recent data available on the population poverty levels is based on a Household Income and Expenditure Survey undertaken
in 2013/14. According to the Poverty Profile of the Federated States of Micronesia report, published by the World Bank in 2017, one
in 10 people in FSM live below the food poverty line, however more than 40% live below the national total poverty line (which is 80%
higher than the international extreme poverty line, likely reflecting higher costs of living). FSM is reported to have the highest estimatedrates of poverty among the nine small remote islands (PIC9) covered in the Regional Partnership Framework (RPF) for FY17 to FY21.5.
Key findings (extracted from the report) include:a.

Low-income households mostly spend their resources on food, especially in Yap and Chuuk.

b.

There are some differences in expenditure patterns across states and welfare level.

c.

Household size is correlated with poverty. Poverty rates are higher in households with more children.

d.

Female-headed households are poorer than male-headed households in all states.

e.

Poverty is closely related with education levels.

f.

Poverty rate among workers in the public sector is lower than among workers elsewhere.

g.

The pattern of inequality is quite similar across states.

h.

Poverty incidence is higher and more severe in Pohnpei and Chuuk than in Yap and Kosrae.

i.

In terms of actual numbers, the majority of the poor live in Chuuk and Pohnpei.

j.

Chuuk contains nearly half of all the poor in FSM, and the two states of Chuuk and Pohnpei account for around 86% of
the total population below the total poverty line. By itself, Chuuk accounts for 79% of the nation’s extreme poor that live
below the food poverty line. By contrast, only about 3% of the country’s poor live in Kosrae.

Figure 8 Distribution of Poor Population (Source: Poverty Profile of the Federated States of Micronesia based on 2013/14 HIES data)
Life expectancy is 68 years for men and 70 years for women. Other aspects of multi-dimensional poverty are as outlined below.

24 https://www.britannica.com/place/Micronesia-republic-Pacific-Ocean

Digital FSM Environmental and Social Management Plan

Land

Digital FSM Environmental and Social Management Plan

The land tenure systems of FSM face a unique set of challenges in terms of evolving practices and dynamic interaction between
modern and traditional land tenure systems that differ in each state. The role of traditional extended family and clan systems have withrespect to land is a common feature across all of FSM 25.
Land was generally plentiful in pre-colonial times, and the local population declined dramatically due to post-contact epidemics. As the
population continues to grow at a rate the government considers too high, ownership, use, control and inheritance of particular plots
and finite resources may be locally sensitive26.
The overall population density was 154 per sq. km in 2005 (400 per sq. mi). The majority of the population lives in the coastal areasof the high islands, leaving the mountainous interiors largely uninhabited. The UN estimated that 22% of the population lived in urban
areas in 2005, and that urban areas were growing at an annual rate of 2.17%.
Another unique feature of FSM relates to traditional land ownership and internal and external migration. Rights to land are often
retained by family or clan members who have departed long term, as they may return (such as for retirement) to their island of origin.
This diaspora of multiple landowners, often without formally documented titles, can introduce delays to getting permission for land use.
Legislation relating to non-resident landowners is under review in Kosrae.
In some states, such as Chuuk, “tidal land” is owned separately to other land. The tidal land in Chuuk state is defined as from the hightide mark on the beach up to either the end of the reef or the depth of a Chuukese woman’s chest (the depth women wade to for theirtraditional fishing method).
In all states, land cannot be sold to non-citizens of FSM. Some States have made a concerted effort to have land titles registered, andto declare unregistered land as Government land. Custom mechanisms for ascertaining land rights have played an important part inthis process. In Kosrae and Pohnpei, land is both privately and State owned, while aquatic areas are managed by the State as publictrusts. Particular differences in each state include:a.

Chuuk - Customary land tenure systems are still a strong influence on the majority of land in Chuuk, although Western land
registration procedures and land tenure practices are increasingly becoming recognized. Customary rights of ownership, use,
inheritance and transfer are still followed in many of the outer-island communities. Disputes over title determinations and land
registration seriously complicate the efficient application of western land tenure practices27. The majority of land in Chuuk isprivately or commonly family-owned lands. The State Government has limited land to locate public infrastructure. This has
resulted to continuous challenge of acquiring land for public infrastructure such as power, water and airport, and there is particular
resistance to projects where land is dug up (e.g. buying services such as water or power). In all States, land cannot be sold tonon-citizens of the FSM28. Most land and aquatic areas are privately owned and acquired through inheritance, gift or, recently,
by purchase.

b.

Kosrae - Traditional customary land ownership in Kosrae was modified by the Church in 1800s. While land is still owned byfamily members, the original traditions have been substantially changed29. Kosrae’s relatively small population means that almost
everyone knows everyone, and there is a level of homogeneity of history, language, custom and traditions. This has” tended tomake the Kosrae land tenure system less rigid, with less rules and regulations, and less difficulties of ownership conflict anddispute settlement30.

c.

Pohnpei - The sale of property is forbidden by law without legislative approval. However, “giving without condition”, called
pengsahp, is permitted as a land transfer mechanism. The legal validity of these transfers remains in question. Pohnpei has themost developed legal system for administering land, and approximately 60% pf the total land area of Pohnpei has been declared
as “public lands” 31 . The Constitution of Pohnpei limits ownership of land to citizens. However, non-citizen individuals andbusinesses can obtain land on the basis of long-term leases32.

d.

Yap - Over 99% of all land and aquatic areas are privately owned. As of 2004, private lands on Yap had mostly not been mapped,
surveyed or registered, however the Department of Land indicated that they now hold land title records for some proportion of

25 Private Lands Conservation in the Federated States of Micronesia, Kevin Doran, University of Colorado Law School, 2004

https://scholar.law.colorado.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=1166&context=books_reports_studies
26 https://www.encyclopedia.com/places/australia-and-oceania/pacific-islands-political-geography/micronesia
27 Private Lands Conservation in the Federated States of Micronesia, Kevin Doran, University of Colorado Law School, 2004
28 Environmental and Social Framework, FSM Maritime Investment Project, World Bank, 201829 Environmental and Social Framework, FSM Maritime Investment Project, World Bank, 2018
30 Private Lands Conservation in the Federated States of Micronesia, Kevin Doran, University of Colorado Law School, 2004
31 Private Lands Conservation in the Federated States of Micronesia, Kevin Doran, University of Colorado Law School, 2004
32 Private Lands Conservation in the Federated States of Micronesia, Kevin Doran, University of Colorado Law School, 2004

Digital FSM Environmental and Social Management Planland. Land use, transfer and ownership rights are still strongly influenced by traditional authority, although this is diminishing as
cadastral surveys, mapping, public registration and issuance of titles are increasingly recognized as providing greater securityof ownership “and of facilitating a rational and fair succession and inheritance of family land. 33

Economic and Livelihoods

Cultural Heritage
The project is not expected to have any impacts on cultural heritage sites, given it is planned to follow existing roadways and existing
service connections to any premises connected.
There is the potential for graves across the four islands. No current survey exists of the location of graves outside defined cemeteries.
Particular sites of cultural note include:a.

Chuuk has protected their underwater heritage through UNESCO, based on the value of their WWII shipwrecks andrelated underwater sites. There are underwater wrecks and relics elsewhere in Micronesia, but Chuuk lagoon has asignificant number that represent a significant economic asset to the region and were included despite being under 100
years old due to their significance34.

b.

Pohnpei has an extant ancient city, Nan Madol, which was built on top of a coral reef in a lagoon, surrounded by wateron three sides with a stone wall enclosing the complex. It was a major political and spiritual hub during the Saudeleur
dynasty between 1200 to 1700, the first known example of centralized political power in the Western Pacific. The
complex was a royal enclave, fortress, urban marketplace, high seat of government and religious center It was also
home to around one thousand people, including the nobility who were isolated from the general population andcommoners who served them35.

c.

Yap has multiple relics of a vanished civilization, including sites of ancient cultivation, solid roads paved with stone
blocks, ancient stone platforms and graves, and traditional council lodges with high gables and carved pillars, as wellas embankments and terraces. Yap also has a number of traditional ‘banks’ for stone money, which was quarried in
Palau in the form of large, round limestone disks with a central hole for transportation36.

d.

Kosrae also has an extant ancient city, Leluh, which include access canals for boats, royal tombs, sacred spaces,houses and areas for traditional food preparation (e.g. grinding stones). The remains are from a civilization that peakedaround the 14th and 15th centuries, as a kingdom similar to Tonga or Hawaii. The King and aristocracy lived in the

33 Private Lands Conservation in the Federated States of Micronesia, Kevin Doran, University of Colorado Law School, 2004
34 http://www.unesco.org/new/en/culture/themes/underwater-cultural-heritage/dynamic-content-single-

view/news/federate_states_of_micronesia_first_pacific_ocean_nation_to/
35 https://www.globalsecurity.org/military/world/oceania/fsm-history.htm
36 https://www.globalsecurity.org/military/world/oceania/fsm-history.htm

Digital FSM Environmental and Social Management Plan
center behind high walls of basalt (similar to those of Nan Madol). To the west, the lower aristocracy lived in modest
houses of coral, and the rest of the population in simple huts 37

Gender
A separate gender specialist is being engaged by the World Bank to evaluate gender on this project. The report prepared by thisseparate assessment have been incorporated into this document in Annexure Four - Gender Assessment.
As poor households are more likely to be female-headed, it will be important to ensure that pricing for internet access is structured for
low income households, including female-headed households, to avoid exacerbating inequality by introducing a ‘digital divide’ along
the lines of gender or other dimensions of disadvantage.

Gender Based Violence
The Gender assessment indicated that young women in FSM are acutely vulnerable to Gender Based Violence (GBV), with one inthree women (32.8 per cent) experiencing physical and/or sexual violence by a partner 38.Furthermore, 8 per cent of women haveexperienced sexual abuse by someone other than a partner 39 .The consequences of this violence are significant, particularly for
women’s physical and mental health outcomes, the wellbeing and welfare of children, and women’s ability to disclose or discuss
instances of violence. This constrains women’s ability to negotiate a life free of coercion as well as restricting women’s freedom of
movement throughout the community, access to health and education services and ability to participate in the workforce. The
normalization of violence has consequences for women’s trafficking risk with FSM a source of, and destination for, human trafficking
and commercial sexual exploitation. Women and girls represent the greater share of victims of human trafficking for commercial sexual
exploitation and are therefore considered a particularly vulnerable group.
37 https://en.wikipedia.org/wiki/Leluh_archaeological_site

38 FSM Department of Health and Social Affairs (2014), Federated States of Micronesia Family Health and Safety Study: A prevalence

study on violence against women.
39 Ibid.

Digital FSM Environmental and Social Management Plan

Social Organization
Urban population in 2010 accounted for only 22% of the total in the FSM. Community and especially family are critical to socialorganization and identity. Especially on the high islands, society is stratified by descent group affiliation, title, age and land relationships,
which are the traditional basis of wealth and the conspicuous generosity that is the mark of a leader. However, disease anddepopulation in the colonial period eroded the powerbase of traditional leaders, which depended on a large labor-force to work lands.
The coral atolls are generally more egalitarian, and place more emphasis on specialized knowledge and achievement, though age andgender are still important social markers. Churches are now focal points of community interaction, though especially in Yap, men’shouses that were formerly the centers of village power are maintained as meeting places and uphold traditional arts and culture.

Households and Housing Characteristics
Most households comprise nuclear or extended families, with around one quarter providing a home for a parent or another relative. In
2000, average household size was 6.7, with a tendency to smaller households on Yap and larger in Chuuk. Female headed households
accounted overall for 18% of the total, though 27% in Yap. Most homes in 2000 were single detached dwelling units. A further 9% of
dwellings had an attached unit; only 2% were located in apartment blocks. Half had piped water and electricity, but only a quarter had
any form of sanitary waste disposal, except in Kosrae, where over 70% enjoyed this facility. By 2010, four out of five had an improved
drinking water supply, and three out of five an improved toilet facility, and household size had dropped to 6.1, an indication of the trend
to depopulation.

Education
Literacy levels in FSM are generally high. Over 95% of those 15-24 or older are literate, with women’s rates at 96% slightly higher thanmen at 94.2% in 2000. Overall, girls have higher participation rates than boys at both elementary and high school levels, though Yap,
the most traditional State, features lower high school enrolment rates for girls than boys. In 2000, 11.7% of persons over 25 werecollege graduates. This rose to 11.8% in 2010. 91. Due to the multiplicity of indigenous languages and dialects, which though related,
are not always easily mutually intelligible, English has been adopted as the sole official language, and is the medium of instruction inhigh schools and tertiary institutions. Good English language ability is an advantage in the employment market. In 2010, 75.9% over
the age of five were literate in English, with higher levels amongst the young and those of economically active age.

Digital FSM Environmental and Social Management Plan

Annexure Four – Gender Assessment
This assessment was prepared by a Gender Specialist engaged for the Digital FSM Project.
The purpose of this assessment is to elaborate on gender considerations in the PAD by (i) identifying gaps between the experiences
and status of women and men relevant to the above project; (ii) identify activities to address these gaps; and (iii) suggest suitableindicators to track progress.
This assessment is based on information from:•

Desk-based document review including gender literature, regional policy and guidance notes and international best practicestandards.

•

Stakeholder and community consultations and focus groups discussions conducted in September 2019, including withrepresentatives of national and state government, women’s organizations and community members.

Context
Attitudes towards gender and the cultural stereotyping of ‘traditional’ gender roles hinders progress towards gender equality in FSM.
While all states in FSM, with the exception of Yap, have traditionally emphasized matrilineal rights, women’s ability to own land andaccess resources have been significantly impacted by the country’s history of colonial rule relegating decision making in relation toland and resources to male family members. Matrilineal descent does not guarantee women a voice or presence in decision-making
processes, particularly about land and resources. While inheritance may pass through matrilineal lines, control over resources is often
vested with male family members. In addition to these traditional practices and ongoing influence of colonial history, the church plays
a strong role in FSM, further constraining women’s opportunities for voice and decision-making particularly when it comes to negotiating
sexual behaviour.
With limited sexual agency and high dependency on families, young women in FSM are acutely vulnerable to GBV andcoercion/trafficking. Rates of GBV are high, with one in three women (32.8 per cent) experiencing physical and/or sexual violence bya partner40.Furthermore, 8 per cent of women have experience sexual abuse by someone other than a partner 41.The consequencesof this violence are significant, particularly for women’s physical and mental health outcomes, the wellbeing and welfare of children,
and women’s ability to disclose or discuss instances of violence. This serves to exacerbate gender inequality and constrains women’sability to negotiate a life free of coercion as well as restricting women’s freedom of movement throughout the community, access tohealth and education services and ability to participate in the workforce. Furthermore, the normalization of violence has consequences
for women’s trafficking risk with FSM a source of, and destination for, human trafficking and commercial sexual exploitation. Womenand girls represent the greater share of victims of human trafficking for commercial sexual exploitation and are therefore considered aparticularly vulnerable group.
Women and girls also experience inequality in regard to educational opportunity. While 2009 statistics indicate gender near gender
parity42 in educational enrolment, there are gendered challenges associated with the retention of female students and their continued
pathways into further education, as women and girls are often encouraged to assume the burden of household responsibilities in placeof educational or employment opportunities. Men and boys continue to dominate women in higher education enrolments in field suchas agriculture, computer information systems and marine sciences which remain highly stereotyped according to socio-cultural
expectations of gender roles43 This pattern is replicated across employment as well, with a lack of women in technical and professional
positions throughout FSM. The labor force participation rate for women in FSM was only 50.1 per cent as of 2000, compared with 67.2
per cent for men. The number of female wage and salary earners was less than half that of males – and women comprise only 14
percent of the non-agricultural sector.44 Not only are women less represented in the paid workforce, they are concentrated at the lower
40 FSM Department of Health and Social Affairs (2014), Federated States of Micronesia Family Health and Safety Study: A prevalence

study on violence against women.
41 Ibid.
42 Ratio of girls to boys of 1:0.96 (primary) and 1:1.02 (secondary) according to FSM Office of Statistics (2010) Millennium Development
Goals: The Federated States of Micronesia.
43 According to data from the College of Micronesia 2008 Statistical Yearbook, as presented in SPC (2012), Stocktake of Gender
Mainstreaming Capacity of Pacific Island Governments: Federated States of Micronesia. These statistics indicate that there were no
women/girls enrolled in agriculture, 200 boys to 135 girls enrolled in computer information systems, and 60 boys to 14 girls in marine
sciences.
44 Ibid.

Digital FSM Environmental and Social Management Planlevels of the hierarchy, with comparatively lower pay. Participation of women at the highest levels of decision making remains very
limited, and women continue to be highly under-represented at the legislative and executive levels of government. FSM is one of only
three countries worldwide that has zero women in parliament.45 Leadership at national, state and municipal levels is strongly attached
to traditional forms of local leadership, across which women are not highly represented with further limits their participation in broader
leadership and decision-making processes. Furthermore, legal protections for women vary greatly from state to state includinginconsistencies across the four states when it comes to age of consent, grounds for divorce, child custody disputes and discrimination
more broadly. A review of FSM’s legislative provisions conducted in 2010 after the ratification of CEDAW, identified that FSM was only
fully compliant on 27 per cent of the 113 internationally recognized indicators of legal compliance. 46
These inequalities are compounded by high rates of maternal mortality alongside high fertility rates and rates of teenage pregnancy
which highlight constraints associated with access family planning and reproductive health services. In 2006 FSM was labelled as a‘high maternal mortality country’ by UN agencies after a significant spike in the maternal mortality rate in the country between 2002200647. While there was a decline in maternal mortality incidences for the period 2008-2009, the full picture of maternal mortality issomewhat unclear as rates are developed based primarily on reported deaths that occur in health facilities, meaning that many deaths
occurring in the community may not be reported, or not clearly related to pregnancy or delivery complications. FSM’s fertility rate, while
gradually declining, remains high by world standards, and high instances of teenage pregnancy are evidenced by a birth rate of 42.5
births per 10000 women aged 15-19 years of age48. Women in FSM are also more greatly affected by the increasing prevalence of
non-communicable diseases, both directly as victims of disease themselves, and indirectly as caregivers of relatives who are impacted
by disease. These challenges are particularly pronounced for women residing in the outer islands whose access to confidential andgender-sensitive health services is extremely limited. Qualitative data from stakeholder and community consultations in 2019 identified
ongoing concerns around the use of publicly accessible radio frequencies to communicate confidential health information todispensaries in the outer islands and persistent barriers for women to achieve sexual and reproductive health rights.
Education

Employment

Ratio of girls to boys in primary education

1:0.96

Ration of girls to boys in secondary education

1:1.02

Labour force participation rate (women)

50.1%

Labour force participation rate (men)67.2%

Number of wage earners
Leadership & DecisionMaking

4,514 (women) 9,286(men)

There has never been a woman elected to FSM National Congress.

GBV

Rate of women who have experience physical/sexual violence by a partner
over the course of their lifetime.

32.8%

HealthMaternal Mortality Rate

206

Fertility Rate

2.68

Birth rate for women aged 15-19 (teenage pregnancy)

42.5 births per 1000
women

Table 18 - Snapshot of gender inequality in FSM49

45 http://archive.ipu.org/WMN-e/classif.htm. Situation as of January 1, 2019.

46 SPC (2012), Stocktake of Gender Mainstreaming Capacity of Pacific Island Governments: Federated States of Micronesia.
47 FSM Office of Statistics (2010) Millennium Development Goals: The Federated States of Micronesia.
48 Ibid.

49 FSM Office of Statistics (2010) Census of Population and Housing; SPC (2012), Stocktake of Gender Mainstreaming Capacity ofPacific Island Governments: Federated States of Micronesia; FSM Department of Health and Social Affairs (2014), Federated Statesof Micronesia Family Health and Safety Study: A prevalence study on violence against women.

Digital FSM Environmental and Social Management Plan

Priority Areas for Digital FSM Project
Affordable, high-speed internet is known to be associated with socio-economic empowerment by increasing users’ access to services,
including education, employment and health. As such, access to ICTs can be particularly beneficial to marginalised and vulnerable
populations to help improve their voice in decision making processes, engagement with government services and inclusion within thedigital economy. For women in particular, this represents an important opportunity to address existing barriers, as outlined above.
However, analysis shows that while the Government has been engaging on gender issues, including across the ICT sector, there ispoor coordination across a national and state government level and weak integration of gender informed policies and programming
across a ‘whole of government’ approach in accordance with gender mainstreaming obligations. This represents a risk for the potential
benefits of increased availability and use of ICT services to not be equally shared among men and women, particularly if new policies
are developed without adequate consultation and engagement in this space. Women are significantly underrepresented in governanceand leadership positions in FSM, which poses specific risks that increases in digital opportunities may be shared unequally— further
diminishing women's voice and influence in society.
Priority Area 1: Rates of internet access & use, tracking trends and inequalities•

Analysis: Women and men access the internet and use digital services at similar rates. Globally women are far less connecteddigitally and this gender gap is growing—the global Internet user gender gap grew from 11% in 2013 to 12% in 2016, according
to data from the International Telecommunication Union. The gender gap is even larger in the world’s Least Developed Countries(LDCs) at 31%. However, there is no evidence of a current gender gap in FSM for access to the internet or digital services.
While sex-disaggregated data is unavailable for mobile phone and internet subscriptions, 2019 data on the advertising audiencefor social media platforms in FSM indicates a relatively equal distribution of accounts between men and women 50 which offers astrong insight into the gendered nature of ICT uptake more broadly. Furthermore, extensive stakeholder and community
consultations carried out in the four states through 2019, including surveys of women’s groups and school children, identified
equal update of ICTs among women and men. While available evidence suggests that the increased availability of ICT services
are equally shared by men and women, persistent inequalities in terms of labor force participation, violence against women andgirls, health and education, and participation in leadership and decision-making mean there is a continued risk of theseinequalities impacting women’s ability not only to access ICTs but to take full advantage of the socio-economic impacts
associated with this. Furthermore, the absence of sex disaggregated telecommunications data presents a significant risk for
efforts to monitor these levels of update, track any changes in this trend and identify any gap should it start to emerge. There isconcern in FSM to put in place policies to help ensure that the digital transformation offers opportunities and benefits to men andwomen equitably—and also that any adverse impacts are mitigated effectively.

•

Action: The Project is expected to respond to these concerns through Component 3(d) and the provision of support to the Gender
Development Office of the National Government. The Project will support this office to support to lead and support M&E workon gender issues throughout the program including the provision of support and guidance to the TRA/OAE/FSMTC to ensurecollection of sex-disaggregated statistics around telecommunications subscriptions, access and use.

•

M&E: The Project includes mechanisms to monitor gender impact and facilitate sex disaggregated analysis. Of relevance to thispriority area are the following indicators: (i) presence of collection of sex disaggregated telecommunications statistics (Y/N), (ii)ratio of women to men telecommunication subscribers/users (baseline assumption to be maintained at 50:50 ratio).

Priority Area 2: Harmful digital communication and cyber safety risks for women•

Analysis: Women experience the internet differently to men. International studies have found that women are more concerned
about privacy risks online than men and are more likely to keep their profiles private and delete unwanted contacts. Women also
represent the vast majority of victims of stalking and cyberstalking, are far more likely to be sexually harassed online and more
likely to describe these interactions as extremely upsetting. Stakeholder and community consultations and focus group
discussions, as part of the September 2019 mission, highlighted a demonstrable gap with regard to how men and women areusing the internet and their sense of risk and safety online. In particular, these qualitative consultations found high rates ofcommunity concerns regarding the digital circulation of sexually degrading images and videos, often circulated without consent

50 Women comprise a slightly greater proportion of the advertising audience on Facebook at 55% of the population. While data isavailable for other social media platforms, the limited number of users renders them less representative than the Facebook sample
https://datareportal.com/reports/digital-2019-federated-states-of-micronesia?rq=Micronesia

Digital FSM Environmental and Social Management Planand including girls below the age of consent, including a number of examples of the circulation of ‘revenge pornography’ online.
Furthermore, anecdotal discussions of these events highlighted the enduring shame and stigma that these instances had on
women and girls when compared with their male counterparts. FSM is a predominantly Christian country with traditional sociocultural norms discouraging open discussion of sexual behavior or physical displays of affection and also constraining women’sability to negotiate sexual practices free of coercion. Stereotypical understandings of gender roles mean that women and girls,
in particular, endure the weight of strong community expectations and scrutiny on their sexual and relationships behavior for fearof the shame and social stigma associated with perceptions of promiscuity. Currently there is no legislation or policy framework
on cyber safety or harmful digital communications in FSM 51. This results in: (i) a knowledge gap on safe digital behavior, (ii) theinability to view these harmful digital practices as ‘criminal’ or ‘illegal’, and (iii) a lack of knowledge about avenues for reporting
complaints or seeking redress.

•

Action: The Project is expected to reduce gender disparities through specific actions to address the distinct needs of females in
the Project’s activities, namely subcomponents 3a (legal and regulatory framework for digital government), 3b (creation and rollout of a government cybersecurity program) and 3d (strengthening of the gender division in the national government). In doing
so, the project will support the development of a cybersecurity policy framework, including through support to the gender divisionof national government to contribute to these policy developments and ensure gender-sensitivity. As part of this action, theProject will also facilitate legislative reform criminalising harmful digital communications, alongside targeted awareness activities
to bridge knowledge gaps at a community level.

•

M&E: The Project includes mechanisms to monitor gender impact and facilitate sex-disaggregated analysis. Of relevance to thisgap are the following indicators: (i) Development of cyber security policy framework (Y/N) (ii) Passage of bill legislating against
harmful digital communication (Y/N) (iii) Number of public awareness sessions held (target 4 = Yap, Chuuk, Pohnpei & Kosrae).

Priority Area 3: Inclusive digital services, improving women’s access to government services•

Analysis: Digital connectivity services are essential to improve outcomes for citizens in FSM, particularly those residing on outerislands, who have limited access to education, markets and health services. Access to basic services is also generally higher in
Pohnpei than other states. Women, in particular, face constraints in their ability to access and engage with government services.
The persistent threat of GBV, discussed above, means that many women live under the threat of violence and this restricts theirability to move freely in the community, to use public transport, to access health and education services, and to travel to market
or to the workplace. Focusing on women’s access to health services, as an example, women in FSM face a number of inequalities
in regard to sexual and reproductive health, including complications during pregnancy, the ability to negotiate safe sex, teenage
pregnancy and access to family planning. For women living in remote areas and on outer islands, these challenges areexacerbated due to the nature of basic service provision through dispensaries staffed by health assistants. The nature of these
services is limited by the skill level of providers, and the ability for these services to be supplemented, ad hoc, by visiting medical
teams from the main islands. Access to reproductive health services in these contexts are particularly challenging, with many
dispensaries staffed nu male health assistants, who are often a relative of the women seeking services (or a relative of her
husband)52. In these situations, both health assistants and women seeking services are constrained by traditional customary
barriers when it comes to openly discussing sexual and reproductive health concerns with male relatives. This is supported bystakeholder and community consultations carried out in 2019, during which a number of participants recounted frequentsituations in which a woman had presented to a dispensary with a sexual or reproductive health concern but, upon seeing amale relative in attendance had instead informed them that ‘she had a headache’ rather than divulging sensitive information.
Women’s ability to seek alternate health consultations in these situations are significantly constrained by technological limitations
which constrain opportunities for remote (or eHealth) consultations with female health attendants from outside the community.
These telecommunication limitations mean that when information needs to be communicated from an outer island dispensary to
the health department or hospital in the main island, this information is currently being communicated by publicly accessible
HCF radio frequencies the communication of health and patient information. This raises serious concerns for the communicationof confidential health information, particularly in situations where women are already constrained in discussing their sexual andreproductive health concerns. Furthermore, women’s continuity of primary care is compromised by the duplication or absenceof health records, particularly in contexts where women have relocated to main islands or moved between dispensary areas.
Qualitative data from 2019 stakeholder consultations indicated a number of challenges including: (i) challenges registering births
outside hospital settings resulting in the lack of a hospital number for that person and absence of a health record, (ii) hard copy
record storage processes that are tied to physical clinic location and rarely travel with patients as they transition between service
locations, and (iii) minor changes or misunderstandings in name spelling resulting in duplications of patient records. There have

51 The lack of formal legislative or regulatory framework means that there is no avenue for individuals to lodge complaints of harmful

digital practices, or database by which to formally track the number of instances. This results in a complete absence of quantitative
data by which to assess this gap, hence the reliance on qualitative and anecdotal data in this instance.
52 FSM Office of Statistics (2010) Millennium Development Goals: The Federated States of Micronesia.

Digital FSM Environmental and Social Management Plan
been limited investments to date in either digital health services, or electronic health records. The FSM Department of Healthhas commenced electronic health records in major hospitals but have faced significant challenges associated with unique
identification processes, reliant on patient hospital numbers that are allocated upon registration of a birth and not utilized for any
other identification purposes. Similarly, lack of technological capacity and infrastructure outside these major hospital settings,
limits the ability for electronic health records, in their current form to be utilized at a dispensary level. Furthermore, attempts byorganizations such as WHO to pilot biometric health registration processes at a village level have been hampered due to poorinternet connectivity which limits the ability for this data to be shared and centralized. Anecdotal discussions as part of our 2019
stakeholder consultations highlighted instances in which some of this health data had been lost on laptops that were dropped in
the ocean, as staff were still reliant on physically being in the same location to manually centralize data across a number ofdevices into a centralized database.

•

Action: The Project is expected to respond to these concerns through a range of components including component 2(e) tofinance a national ID system and, in doing so, increase ability of health services to develop unique identifiers for patients andthe ability to standardize health records across multiple locations. Similarly, component 2(e) will finance the development ofdigital services, and in doing so, facilitate on the development of e-services in key sectors such as health. Financing inclusive
services, such as health, will help to reduce women’s existing barriers to accessing government services, particularly limitations
associated with sexual and reproductive health services. The gender-focus of this work will be further reinforced throughcomponent 3(d) which will support the Gender Development Office of the National Government to ensure that policies andpractices around digital services are gender-informed, responding to identified gender gaps, and monitoring progress towards
these objectives.

•

M&E: The Project includes mechanisms to monitor gender impact and facilitate sex-disaggregated analysis. Of relevance to thisgap are the following indicators: (i) Expanded access to internet services on outer islands (percentage increase of outer islands
with internet access), (ii) digital services implemented by government, (iii) digital services design and implementation informedby assessment of gender impacts.

Digital FSM Environmental and Social Management Plan

Annexure Five - Land Use – Access Agreement
To be finalised as a separate report prior to project effectiveness and will ensure direct linkages to the Implementing Agency due
diligence processes.

Digital FSM Environmental and Social Management Plan

Annexure Six - Erosion, Drainage and Sediment Control Management Plan andContaminated Soil Disposal Management Plan Outline
Project Descriptiona.

Provide a comprehensive description of the project; andb.

Include an overview of the pre-construction, construction, and operational phases of the project.

Purpose, Scope and Objective
The section should include:a.

Scope of the Erosion, Drainage and Sediment Control Management Plan (EDSCP) and Contaminated Soil Disposal
Management Plan (CSDMP);b.

Establish objectives for general EDSCP and CSDMP;c.

Establish specific objectives for site specific EDSCP and CSDMP; andd.

Relationship to specific mitigation measures.

Statutory and Regulatory Requirementsa.

Legislative requirements as prescribed in the Project Environmental and Social Management Framework (ESMP) and
Environmental and Social Management Plan (ESMP).

Potential Impactsa.

Overview of impacts identified in ESMP.

Digital FSM Environmental and Social Management Plan

Erosion and sediment control impacts and mitigations
Source of Impact

Potential Impact
and RelevantManagement
Plan Objective

Mitigation andManagement(Design Feature/
Specific
Measure)Mitigation
MeasureActivity/
Monitoring

Frequency

Duration

Responsibility

Evidence

Digital FSM Environmental and Social Management Plan

Project Implementation (human resources, partners, and organizational responsibilities)a.

Describe human resources for implementation of the plan and component programs/interventions;b.

Clearly define roles and responsibilities and organizational structure;c.

Discuss training that will be provided; andd.

Describe potential partners (NGOs, government, etc.) and their respective roles and responsibilities.

Resourcesa.

Equipment requirements including erosion and sediment control devices (sediment fencing, silt curtains, etc) water quality
monitoring equipment; and on-site weather monitoring station;b.

Staff involved including Safeguards Officer and Site Manager; andc.

Registers including water quality monitoring record; and non-conformance register.

Schedulea.

Multi-year schedule of implementation for the component programs/ interventions and the overall plan.

Monitoring and Evaluationa.

Overall monitoring and evaluation framework that integrates the monitoring and evaluation requirements for the component
programs/ interventions.

Reporting and Notificationa.

Contractor’s monthly report including results of the surveys and inspections; and number and results of verification inspections,
including but not limited to landform stability inspections, sediment control structure and stockpile inspections and control
measures implemented to manage failing sediment control structures and stockpiles.

Budgeta.

Budgets for the component programs/ interventions and the total cost of the plan.

Digital FSM Environmental and Social Management Plan

Annexure Seven - Waste Code of Conduct
These requirements will form the basis for the development of the Construction Waste Management Plan under Component 1. The
requirements for the Code of Practice are:
1. Compliance with Government of FSM Solid Waste Management Regulations.
2. Satisfies the requirements of the ESMP.
3. Satisfies the requirements of the World Bank ESF and EHS Guidelines.
4. Meets the following minimum standards:a.

No FSM landfills are to be used for any hazardous waste. All hazardous waste is to be recycled or disposed of offshore
at a permitted facility;b.

No dumping of any waste in FSM and no burial or disposal of waste on small islands;c.

Compliance with Waigani Convention and any other relevant international conventions for export of hazardous and nonhazardous waste; andd.

Identify and utilize suitable local recycling and reuse options.

5. Implements the usual good practice of solid waste management, including:a.

Segregation of waste;b.

Secure storage for waste;c.

Adopting the waste hierarchy: (i) avoid; (ii) reduce; (iii) reuse; (iv) recycle; andd.

Collaborating with other sectors, waste generators and government initiatives for cumulative benefits.

When developing, and implementing the Code of Practice, the Contractor will consider:
Waste streams: identify which waste streams are likely to be generated and estimate the approximate amounts of materialsa.

Undertake inventory of materials that can be reused, recycled or recovered from the project;b.

Specific types of materials;c.

Amount of material expected; andd.

Possible contamination by hazardous materials: these materials will limit reuse/recycling options and require special
disposal.

Collection and Storage: How and where will the difference waste streams be collected and stored prior to their disposal. Detail thetypes of containers to be used and the storage areas that will be created for this waste. Differentiate between regular, bulk andhazardous waste. This must be compliant with the minimum standards detailed in the ESMP:a.

Hazardous wastes shall be collected and stored in watertight containers, Containers shall be stored in a bunded andcovered area prior to export for disposal;; andb.

Non-hazardous wastes shall be stored in a way that prevents their uncontrolled movement, this may be containerized
or fenced and/or covered stockpiles. Where appropriate, silt fences, drains and traps or other movement prevention
mechanisms should be put in place.

On-site: understand how the waste management system (housekeeping, sorting and storage) will work on-site, including bin
placement and access.
Determine storage requirements (separate bins or co-mingled), things to consider include:a.

Ease of use: ensure that containers are easily accessible by workers and that storage areas are clearly sign posted;b.

Safety: ensure that the containers and storage can be managed safely, including limiting public access to the storage
areas;c.

Hazardous waste materials storage;d.

Aesthetics: ensure that sites and storage area appears orderly and will not raise concern from local residents orbusinesses – for example screening for dust and litter containment and daily collection of windblown material; ande.

Establish a collection/delivery plan in collaboration with waste contractors for waste and recyclable materials generated
on-site.

Clearly assign and communicate responsibilities: ensure those involved in the Digital FSM Project are aware of their
responsibilities in relation to the Codes of Practice.

Digital FSM Environmental and Social Management Plan
Training: be clear about how the various elements of the Waste Management Plan will be implemented.
Monitor: to ensure the plan is being implemented, monitor on-site as per the ESMP monitoring plan.

Digital FSM Environmental and Social Management Plan
Waste and/or Recyclable Materials

Destination
Reuse and Recycling

Possible Materials
Generated(add or delete asneeded)Wood waste
Cardboard and paper
Ferrous metals
Non-ferrous metals
Concrete
GravelSand/soil
Asphalt
Green waste
Asbestos
Fluorescent light bulbs
Glass
Hydrocarbons
Plastics
PVC
General waste (e.g.
foodwaste,
contaminatedfoodpackaging,
nonrecyclable plastics)

Estimatedvolume (m3)or area (m2)or weight (t)DisposalOn-siteOff-site(how will materials bereused and/or recycled
on-site)(Specify the proposed
destination
and/orrecycling facility)

Specify
disposalprocessstoragedisposal

theoff-island
site and thefor collection,
andeventual

Digital FSM Environmental and Social Management Plan

Annexure Eight - Chance Finds Procedure
Introduction
Cultural property includes monuments, structures, works of art, or sites of significance points of view, and are defined as sites andstructures having archaeological, historical, architectural, or religious significance, and natural sites with cultural values. This includes
cemeteries, graveyards and graves.
Screening for the Digital FSM Project indicated that Cultural Physical Resources were unlikely to be at risk as a result of the projects.
Nonetheless, there is the possibility that unexpected cultural heritage items could be discovered during works – ‘Chance Finds.

Chance Finds Procedure
This procedure is to be followed in the event of a Chance Find:a.

Stop the construction activities in the area of the chance find;b.

Delineate the discovered site or area;c.

Secure the site to prevent any damage or loss of removable objects;d.

Notify the Roll Out Manager and CIU who in turn will notify the responsible local authorities;e.

Responsible local authorities and the Office of National Archives, Culture and Historic Preservation (NACH) through theHistoric Preservation Office would be in charge of protecting and preserving the site before deciding on subsequent
appropriate procedures;f.

Decisions on how to handle the finding shall be taken by the responsible authorities and the Historic Preservation Office.
This could include changes in the layout (such as when finding an irremovable remain of cultural or archeologicalimportance) conservation, preservation, restoration and salvage;g.

Implementation for the authority decision concerning the management of the finding shall be communicated in writingby the Historic Preservation Office; andh.

Construction work could resume only after permission is given from the responsible local authorities and the HistoricPreservation Office concerning safeguard of the heritage.

These procedures must be referred to as standard provisions in construction contracts.

ReportingDuring project supervision, the Roll Out Manager shall monitor the above regulations relating to the treatment of any chance findencountered are observed. Relevant findings will be recorded in reports to the World Bank.

Digital FSM Environmental and Social Management Plan

Annexure Nine - Standard Contract Clauses
Generic contract clauses are provided in this annex to assist with environmental and social management works expected to haveminor impacts. These mitigation measures are the core of an Environmental and Social Management Plan and the associated minor
impacts typical of small works, which can be routinely addressed with best industry practice. These clauses are general and may be
modified to conform to applicable national laws, contract procedures and actual scope and nature of the works anticipated. Theseclauses are intended to be included as requirements in the works contract and shall remain in force throughout the contract period.
These clauses represent the minimum standard of execution for environmental protection and include:(1)

Permits and Approvals(2)

Site Security(3)

Discovery of Antiquities(4)

Worker Occupational Health and Safety(5)Noise Control(6)

Use and Management of Hazardous Materials, fuels, solvents and petroleum products(7)

Use and Management of Pesticides(8)

Use of Preservatives and Paint Substances(9)

Use of Explosives(10) Site Stabilization and Erosion Control(11) Air Quality(12) Traffic Management(13) Management of Standing Water(14) Management of Solid Wastes -trash and construction debris(15) Management of Liquid Wastes(16) Management of Works

Environmental and Social Management Plan (ESMP)The Contractor is required to implement this ESMP. The Contractor is responsible for the implementation of construction andrehabilitation activities for the sites and for implementing the impact mitigation measures in the construction phase. The Contractors
approach shall be detailed in the Environmental and Social Management Plan.
The Contractor shall include a suitably qualified and experienced Environmental, Occupational Health and Safety Officer (and otherstaff or consultants as necessary) staff to be specifically responsible for preparation and regular update and supervision of the CESMP.
The Environmental, Occupational Health and Safety Officer is responsible for the daily supervision and monitoring of the Contractors
implementation of the Plan and compliance with the Project ESMP for the duration of the contract.
The CESMP shall be approved by the Employer prior to the Contractor’s mobilization to the site.
The Contractor will be required to report on the implementation status of the CESMP to the Employer. The damages due to the violationof the stipulations by the Contractor shall be compensated and/or restored by the Contractor at his or her own expense. Performance
will be monitored by the Employer and will be enforced by withholding of payments (refer to relevant clause in the bid documents).

Principles
The CESMP should provide the following:a.

The CESMP is informed and based upon the FSM law, the Digital FSM Project ESMP, and World Bank Group EHS
Guidelines;b.

All commitments must be specific and auditable with measurable outcomes and clear timeframes;c.

Include occupational and community health and safety;d.

To ensure readability, write clearly and avoid long sentences with complex clauses;e.

Always use the terms ‘will’ and ‘must’, rather than ‘should’ or ‘may’ when committing to carry out management actions;f.

Digital FSM Environmental and Social Management Plan
Avoid use of ambiguous terminology such as ‘where possible’, ‘as required’, ‘to the greatest extent possible’. If it isnecessary to include ambiguous terminology, it should be explained, and examples given;g.

Clearly explain any technical terms or acronyms used, and/or define them in a glossary; andh.

Commitments or statements within the management plan must be consistent with other relevant management plans orconditions of approval.

CESMP Content
Declaration and Document Version Control
The CESMP should provide the following:a.

Person accepting responsibility for the CESMP – signed declaration; andb.

The document version control should be a simple system that ensures that details of all key changes to the document
over time are properly recorded.

Table of Contents
Description of Works
The CESMP should provide a summary of the works, description of construction methodologies and identification of offsite areas suchas source of materials, fumigation, laydown areas, workers accommodation, offshore waste disposal sites etc.
A schedule of intended commencement and completion dates should be provided. Projects undertaken in stages should identify eachstage in the schedule.
Particular attention should be paid to the development of the construction methodology and how it will be staged to ensure continued
access to sensitive receptors (e.g. schools, hospitals) during the construction phase.

Policies and Objectives
The CESMP should include the company policies and environmental outcomes of the plan should be defined.

Environmental Management Roles and Responsibilities
The CESMP should define the roles and responsibilities of personnel in charge of the environmental management of the works. The
roles and responsibilities of each relevant position should be documented, including the responsibilities of any subcontractors. The
names of the responsible personnel do not need to be included. Identification of the position titles, roles and responsibilities is sufficient.
If the roles and responsibilities are expected to change over time the long-term variations should also be documented.

Reporting
The CESMP should include a description of reporting requirements should include:a.

A list of required reports including where appropriate monitoring, environmental incidents, non-compliance, corrective
action and auditing;b.

A description of the standard report content;c.

The schedule or triggers for preparing a report;d.

Who the report is provided to; ande.

Document control procedures.

Training
All people involved with the works should receive relevant environmental training to ensure they understand their responsibilities when
implementing the CESMP. People to be trained include those at the site/s of all project activities and operations, including contractors,
subcontractors and visitors. The training should be tailored to the role of the individual in the project.
The CESMP should describe the training to be implemented and could include:Digital FSM Environmental and Social Management Plana.

Site inductions;b.

Identification of key points of environmental value and any relevant matters of national environmental significance;c.

Understanding the requirements of the CESMP and the individual’s role;d.

Environmental incident emergency response procedures;e.

Site environmental controls;f.

Cultural inductions, GBV, HIV Aids and communicable diseases; andg.

An outline of the potential consequences of not meeting their environmental responsibilities.

Records of all training conducted should be maintained and include:a.

Person receiving the training;b.

Date the training was received;c.

Name of the person conducting the training; andd.

A summary of the training.

Emergency Contacts and Procedures
The CESMP should identify the key emergency contacts responsible for managing environmental emergencies associated with the
project and their contact details. These personnel should have the power to stop and direct works so that they can manage
emergencies effectively. In addition, the plan should establish procedures for managing environmental emergencies and ensure thatthose procedures are implemented and maintained.
The CESMP should also detail the Contractors contingency plan for extreme weather events, medical emergencies and other rapid
response situations.

Works Methodologies
The CESMP should clearly state the tools, strategies, mechanisms, construction methodologies etc. to meet the stipulations in the
ESMP and this information usually forms the bulk of the content of the plan. For each potential activity or impact the plan should
address specific measures that will be taken including:a.

Detailed methodologies as required, including diagrams where necessary, levels of competency required, PPE andother details as related to the works and the stipulations of the ESMP;b.

Additional mitigation measures to be implemented specifically in relation to identified offsite locations; andc.

Supervision and monitoring procedures with trigger values for corrective actions

Sub-plans
The CESMP should also include all required sub-plans (SWMP, TMP, etc) as an annex to the CESMP.

CESMP Audits
The CESMP should include the schedule or triggers for auditing the implementation and effectiveness of the plan. It should address
both internal and external audit requirements including who is responsible for undertaking the audits and reporting the results.

CESMP Updates
The CESMP should specify the schedule or triggers for updates of the plan. An update is required whenever there is a change to thescope of the works or construction methodology that changes the projects area of impact or brings about a change that would be of
public interest to know. The plan should also identify who will be responsible for undertaking the update.

Digital FSM Environmental and Social Management Plan
Standard Clauses
1. Permits and Approvals
The contractor shall be responsible for ensuring that he or she has all relevant legal approvals and permits required to commence
works.
2. Site Security
The contractor shall be responsible for maintaining security over the construction site including the protection of stored materials andequipment. In the event of severe weather, the contractor shall secure the construction site and associated equipment in such amanner as to protect the site and adjacent areas from consequential damages. This includes the management of onsite, construction
materials, construction and sanitary wastes, additional strengthening of erosion control and soil stabilization systems and otherconditions resulting from contractor activities which may increase the potential for damages.
3. Discovery of Antiquities
If, during the execution of the activities contained in this contract, any material is discovered onsite which may be considered ofhistorical or cultural interest, such as evidence of prior settlements, native or historical activities, evidence of any existence on a sitewhich may be of cultural significance, all work shall stop and the supervising contracting officer shall be notified immediately. The area
in which the material was discovered shall be secured, cordoned off, marked, and the evidence preserved for examination by the local
archaeological or cultural authority. No item believed to be an artefact must be removed or disturbed by any of the workers. Work may
resume, without penalty of prejudice to the contractor upon permission from the contracting officer with any restrictions offered toprotect the site.
4. Worker Occupational Health and Safety
The contractor shall ensure that all workers operate within a safe environment. Sanitation facilities shall be provided for all site workers.
All sanitary wastes generated as a result of project activities shall be managed in a manner approved by the contracting officer andthe local authority responsible for public health. The contractor shall ensure that there are basic medical facilities on site and that there
are staff trained in basic first aid. Workers must be provided with the necessary protective gear as per their specific tasks such as hard
hats, overalls, gloves, goggles, boots, etc. The contractor shall provide the contracting officer with an occupational health and safety
plan for approval prior to the commencement of site activities.
The contractor must ensure that all workers operate within a safe environment. All relevant Labor and Occupational Health and Safety
regulations must be adhered to ensure worker safety. Sanitary facilities must be provided for all workers on site. Appropriate postingof information within the site must be done to inform workers of key rules and regulations to follow.
5. Noise Control
The contractor shall control noise emissions generated as a result of contracting activities to the extent possible. In the case of site
locations where noise disturbance will be a concern, the contractor shall ensure that the equipment is in good working order with
manufacturer supplied noise suppression (mufflers etc.) systems functioning and in good repair.
Where noise management is a concern, the contractor shall make reasonable efforts to schedule activities during normal working
hours (between 7 am and 5 pm). Where noise is likely to pose a risk to the surrounding community either by normal works or working
outside of normal working hours or on weekends, the contractor shall inform the contracting officer and shall develop a public
notification and noise management plan for approval by the contracting officer.
6. Use and Management of Hazardous Materials, fuels, solvents and petroleum products
The use of any hazardous materials including pesticides, oils, fuels and petroleum products shall conform to the proper use
recommendations of the product. Waste hazardous materials and their containers shall be disposed of in a manner approved by thecontracting officer in accordance with State and/or national laws and the Project ESMP. A site management plan will be developed by
the contractor if the operation involves the use of these materials to include estimated quantities to be consumed in the process,storage plans, spill control plans, and waste disposal practices to be followed. Any plans required shall be approved by the contracting
officer.
Elements of the hazardous materials management shall include:a.

Contractor must provide temporary storage on site of all hazardous or toxic substances in safe containers labeled withdetails of composition, properties and handling information;b.
c.

Digital FSM Environmental and Social Management Plan
Hazardous substances shall be placed in a leak-proof container to prevent spillage and leaching; andWastes shall be transported and disposed of in a manner outlined in the ESMP, and cleared by the CIU Safeguards
Team compliant with national laws and policies and the ESMP.

7. Use and Management of Pesticides
Any use of pesticides shall be approved by the contracting officer and shall conform to the manufacturers’ recommendations for use
and application. Any person using pesticides shall demonstrate that they have read and understood these requirements and arecapable of complying with the usage recommendations to the satisfaction of the contracting officer. All pesticides to be used shallconform to the list of acceptable pesticides that are not banned by the relevant local authority.
If termite treatment is to be utilized, ensure appropriate chemical management measures are implemented to prevent contaminationof surrounding areas, and use only licensed and registered pest control professionals with training and knowledge of proper application
methods and techniques.
8. Use of Preservatives and Paint Substances
All paints and preservatives shall only be used with the approval of the CIU Safeguards Team. Information shall be provided to thecontracting officer who describes the essential components of the materials to be used so that an informed determination can be madeas to the potential for environmental effects and suitability can be made.
Storage, use, and disposal of excess paints and preservatives shall be managed in conformance with the manufacturers’
recommendations and as approved by the contracting officer. The contractor shall provide the CIU Safeguards Team with a list of
materials and estimated quantities to be used, storage, spill control and waste disposal plans to be observed during the execution of
the contract. This plan is subject to the approval of the contracting officer.
9. Use of Explosives
No explosives shall be used on the Project. 10. Site Stabilization and Erosion Control
The Contractor shall implement measures at the site of operations to manage soil erosion through minimization of excavated area andtime of exposure of excavated areas, preservation of existing ground cover to the extent possible, provision of approved ground coverand the use of traps and filtration systems. Where excavations are made, contractor shall implement appropriate stabilizing techniques
to prevent cave-in or landslide. Measures shall be approved by the contracting officer.
The contractor must ensure that appropriate erosion control measures such as silt fences are installed. Proper site drainage must be
implemented. Any drain clogged by construction material or sediment must be unclogged as soon as possible to prevent overflow andflooding. The use of retaining structures and planting with deep rooted grasses to retain soil during and after works must be considered.
The use of bio-engineering methods must be considered as a measure to reduce erosion and land slippage. All slopes and excavatedareas must be monitored for movement.
The contractor will establish appropriate erosion and sediment control measures such as hay bales, sedimentation basins, and / or silt
fences and traps to prevent sediment from moving off site and causing excessive turbidity in nearby streams, rivers, wetlands, andcoastal waters.
The Erosion, Drainage and Sediment Control Management Plan (EDSCP) and Contaminated Soil Disposal Management Plan
(CSDMP) will be required where the potential exists for significant sediment accumulation in aquatic and marine systems. This plan
shall include a description of the potential threat, mitigation measures to be applied, and consideration for the effects of severe weather
and an emergency response plan.
If works are near or within the marine environment, water quality monitoring must be done before construction, and at regular intervals
to determine turbidity levels and other quality parameters.
Construction vehicles and machinery will be washed only in designated areas where runoff will not pollute natural surface water bodies.
11. Air Quality
The Contractor shall comply with the Project ESMP requirements for dust management.
12. Traffic Management

Digital FSM Environmental and Social Management Plan
In the event that construction activities should result in the disruption of area transportation services, including temporary loss ofroadways, blockages due to deliveries and site related activities, the contractor shall provide the contracting officer with a traffic
management plan including a description of the anticipated service disruptions, community information plan, and traffic control strategy
to be implemented so as to minimize the impact to the surrounding community. This plan shall consider time of day for planned
disruptions, and shall include consideration for alternative access routes, access to essential services such as medical, disasterevacuation, and other critical services. The plan shall be approved by the contracting officer.
Elements of the traffic management plan to be developed and implemented by contractor shall include:a.

Alternative routes will be identified in the instance of extended road works or road blockages;b.

Public notification of all disturbance to their normal routes;c.

Signage, barriers and traffic diversions must be clearly visible, and the public warned of all potential hazards;d.

Provision for safe passages and crossings for all pedestrians where construction traffic interferes with their normal route;e.

Active traffic management by trained and visible staff at the site or along roadways as required to ensure safe andconvenient passage for the vehicular and pedestrian public; andf.

Adjustment of working hours to local traffic patterns, e.g. avoiding major transport activities during rush hours or timesof livestock movement.

Under no circumstances shall the contractor permit the collection of standing water as a consequence of contractor activities to ensurethat it does not create breeding grounds for any pests such as mosquitoes.
14. Management of Solid Wastes and Construction Debris
The contractor shall provide a solid waste management plan that conforms to the national solid waste management policies andregulations and the Project EESMPfor approval by the CIU Safeguards Team. The site waste management plan shall include a
description of waste handling procedures including collection, storage and disposal through the national waste management system.
There will be no open burning of waste material and the contractor shall endeavor to recycle wastes as appropriate.
Under no circumstances shall the contractor allow construction wastes to accumulate so as to cause a nuisance or health risk due tothe propagation of pests and disease vectors.
16. Management of Workers
The Contractor will prepare a specific Code of Conduct to describe the expected behaviors of their project worker in relation to the
local communities and their social sensitivities. This is to avoid creating demand for illegal sex work, avoid gender-based violence andviolence against children, manage alcohol consumption and avoid the use of illegal substances, and abide by cultural and social normsof the host community.
The Contractor is to ensure that all overseas project staff undergo a cultural familiarization session as part of their induction training.
The purpose of this induction will be to introduce the project staff to the cultural sensitivities of the local communities and the expectedbehaviors of the staff in their interactions with these communities. Gender based violence and HIV Aids and communicable diseaseawareness raising and resources shall be provided to all workers. The client shall provide to the Contractor a list of approved service
providers, which shall include recognized NGOs and others for conducting this training.
The Contractor is to stipulate the conditions under which visitors may attend the workers accommodation, including curfews.
The Contractor shall ensure that basic social/collective rest and recreation spaces and activities within the workers accommodation to
help minimize the impact that the workers would have on the leisure and recreational facilities of the nearby communities.

Digital FSM Environmental and Social Management Plan

Annexure Ten - Codes of Conduct
Contractor Code of Conduct – Environment, Social, Health and Safety and Occupational Healthand Safety Standards, Preventing Gender Based Violence
The company is committed to ensuring that the project is implemented in such a way which minimizes any negative impacts on thelocal environment, communities, and its workers. This will be done by respecting the environmental, social, health and safety (ESHS)
standards, and ensuring appropriate occupational health and safety (OHS) standards are met. The company is also committed tocreating and maintaining an environment where children under the age of 18 will be protected, and where Sexual Exploitation andAbuse (SEA) and sexual harassment have no place. Improper actions towards children, SEA and sexual harassment are acts ofGender Based Violence (GBV) and as such will not be tolerated by any employee, sub-contractors, supplier, associate, or
representative of the company.
Therefore, to ensure that all those engaged in the project are aware of this commitment, the company commits to the following core
principles and minimum standards of behavior that will apply to all company employees, associates, and representatives, including
sub-contractors and suppliers, without exception:
Generala.

The company—and therefore all employees, associates, representatives, sub-contractors and suppliers—commits tocomplying with all relevant national laws, rules and regulations.

b.

The company commits to full implementing its ‘Contractors Environmental and Social Management Plan’ (C-ESMP) as
approved by the client.

c.

The company commits to treating women, children (persons under the age of 18), and men with respect regardless ofrace, color, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or otherstatus. Acts of GBV are in violation of this commitment.

d.

The company shall ensure that interactions with local community members are done with respect and nondiscrimination.

e.

Demeaning, threatening, harassing, abusive, culturally inappropriate, or sexually provocative language and behavior
are prohibited among all company employees, associates, and its representatives, including sub-contractors andsuppliers.

f.

The company will follow all reasonable work instructions (including regarding environmental and social norms).

g.

The company will protect and ensure proper use of property (for example, to prohibit theft, carelessness or waste).

Health and Safetya.

The company will ensure that the project’s OHS Management Plan is effectively implemented by company’s staff, as
well as sub-contractors and suppliers.

b.

The company will ensure that all persons on-site wear prescribed and appropriate personal protective equipment,
preventing avoidable accidents, and reporting conditions or practices that pose a safety hazard or threaten theenvironment.

c.

The company will:(i)

prohibit the use of alcohol during work activities.

(ii)

prohibit the use of narcotics or other substances which can impair faculties at all times.

d.

The company will ensure that adequate sanitation facilities are available on site and at any worker accommodations
provided to those working on the project.

e.

The company will not hire children under the age of 18 for construction work, or allow them on the work site, due to thehazardous nature of construction sites.

Gender Based Violencea.

Acts of GBV constitute gross misconduct and are therefore grounds for sanctions, which may include penalties and/or
termination of employment and, if appropriate, referral to the Police for further action.

b.

All forms of GBV, are unacceptable, regardless of whether they take place on the work site, the work site surroundings,
at worker’s camps or within the local community.

Digital FSM Environmental and Social Management Plan
Sexual harassment of work personnel and staff (e.g. making unwelcome sexual advances, requests for sexual favors,and other verbal or physical conduct of a sexual nature) are acts of GBV and are prohibited.

c.
d.

Sexual favors (e.g. making promises of favorable treatment such as promotions, threats of unfavorable treatment suchas losing a job, payments in kind or in cash dependent on sexual acts) and any form of humiliating, degrading or
exploitative behavior are prohibited.

e.

The use of prostitution in any form at any time is strictly prohibited.

f.

Sexual contact or activity with children under 18—including through digital media—is prohibited. Mistaken belief
regarding the age of a child is not a defense. Consent from the child is also not a defense or excuse.

g.

Unless there is full consent 53 by all parties involved in the sexual act, sexual interactions between the company’s
employees (at any level) and members of the communities surrounding the workplace are prohibited. This includes
relationships involving the withholding/promise of actual provision of benefit (monetary or non-monetary) to community
members in exchange for sex (including prostitution). Such sexual activity is considered “non-consensual” within thescope of this Code.

h.

In addition to company sanctions, legal prosecution of those who commit acts of GBV will be pursued if appropriate.

i.

All employees, including volunteers and sub-contractors are highly encouraged to report suspected or actual acts of
GBV by a fellow worker, whether in the same company or not. Reports must be made in accordance with project’s GBV
Allegation Procedures.

j.

Managers are required to report and act to address suspected or actual acts of GBV as they have a responsibility to
uphold company commitments and hold their direct reports responsible.

Implementation
To ensure that the above principles are implemented effectively the company commits to:a.

Ensuring that all managers sign the project’s ‘Manager’s Code of Conduct’ detailing their responsibilities for
implementing the company’s commitments and enforcing the responsibilities in the ‘Individual Code of Conduct’.

b.

Ensuring that all employees sign the project’s ‘Individual Code of Conduct’ confirming their agreement to comply with
ESHS and OHS standards, and not to engage in activities resulting in GBV, child endangerment or abuse, or sexual
harassment.

c.

Displaying the Company and Individual Codes of Conduct prominently and in clear view at workers’ camps, offices, andin in public areas of the workspace. Examples of areas include waiting, rest and lobby areas of sites, canteen areasand health clinics.

d.

Ensuring that posted and distributed copies of the Company and Individual Codes of Conduct are translated into theappropriate language of use in the work site areas as well as for any international staff in their native language.

e.

If required, ensuring that an appropriate person is nominated as the company’s ‘Focal Point’ for addressing GBV issues,
including representing the company on the GBV Compliance Team (GCT) which is comprised of representatives fromthe client, contractor(s), the supervision consultant, and local GBV Service Provider.

f.

If required, ensuring that an effective GBV Action Plan is developed in consultation with the GCT which includes as aminimum:(i)

GBV Allegation Procedure to report GBV issues through the project Grievance Mechanism (Section 4.3 ActionPlan);(ii)

Accountability Measures to protect confidentiality of all involved (Section 4.4 Action Plan); and,(iii)

Response Protocol applicable to GBV survivors and perpetrators (Section 4.7 Action Plan).

g.

If required, ensuring that the company effectively implements the agreed final GBV Action Plan, providing feedback to
the GCT for improvements and updates as appropriate.

h.

Ensuring that all employees attend an induction training course prior to commencing work on site to ensure they arefamiliar with the company’s commitments to ESHS and OHS standards, and the project’s GBV Codes of Conduct.

53 Consent: refers to when an adult makes an informed choice to agree freely and voluntarily to do something. There is no consent when agreement is obtained

through the use of threats, force or other forms of coercion, abduction, fraud, manipulation, deception, or misrepresentation; the use of a threat to withhold a benefit towhich the person is already entitled, or; a promise made to the person to provide a benefit. In accordance with the United Nations Convention on the Rights of the Child,the World Bank considers that consent cannot be given by children under the age of 18, even if national legislation of the country into which the Code of Conduct isintroduced has a lower age. Mistaken belief regarding the age of the child and consent from the child is not a defense.

i.

Digital FSM Environmental and Social Management Plan
Ensuring that all employees attend a mandatory training course once a month for the duration of the contract startingfrom the first induction training prior to commencement of work to reinforce the understanding of the project’s ESHS
and OHS standards and the GBV Code of Conduct.

I do hereby acknowledge that I have read the foregoing Company Code of Conduct, and on behalf of the company agree to comply
with the standards contained therein. I understand my role and responsibilities to support the project’s OHS and ESHS standards, andto prevent and respond to GBV. I understand that any action inconsistent with this Company Code of Conduct or failure to act mandated
by this Company Code of Conduct may result in disciplinary action.
Company name:_________________________

Signature:_________________________

Printed Name: _________________________

Title:_________________________

Date:_________________________

Digital FSM Environmental and Social Management Plan

Manager’s Code of Conduct, Implementing ESHS and OHS Standards, Preventing Gender
Based Violence
The company is committed to ensuring that the project is implemented in such a way which minimizes any negative impacts on thelocal environment, communities, and its workers. This will be done by respecting the environmental, social, health and safety (ESHS)
standards, and ensuring appropriate occupational health and safety (OHS) standards are met. The company is also committed tocreating and maintaining an environment where children under the age of 18 will be protected, and where Sexual Exploitation andAbuse (SEA) and sexual harassment have no place. Improper actions towards children, SEA and sexual harassment are acts ofGender Based Violence (GBV) and as such will not be tolerated by any employee, sub-contractors, supplier, associate, or
representative of the company.
Managers at all levels have a responsibility to uphold the company’s commitment. Managers need to support and promote theimplementation of the Company Code of Conduct. To that end, managers must adhere to this Manager’s Code of Conduct and also
to sign the Individual Code of Conduct. This commits them to supporting the implementation of the Contractor’s Environmental andSocial Management Plan (C-ESMP), the OHS Management Plan, and developing systems that facilitate the implementation of the
GBV Action Plan.
Managers need to maintain a safe workplace, as well as a GBV-free environment at the workplace and in the local community. Their
responsibilities to achieve this include but are not limited to:
Implementationa.

To ensure maximum effectiveness of the Company and Individual Codes of Conduct:(i)

Prominently displaying the Company and Individual Codes of Conduct in clear view at workers’ camps, offices, andin public areas of the workspace. Examples of areas include waiting, rest and lobby areas of sites, canteen areasand health clinics.

(ii)

Ensuring all posted and distributed copies of the Company and Individual Codes of Conduct are translated into theappropriate language of use in the work site areas as well as for any international staff in their native language.

b.

Verbally and in writing explain the Company and Individual Codes of Conduct to all staff.

c.

Ensure that:(i)All direct reports sign the ‘Individual Code of Conduct’, including acknowledgment that they have read and agreewith the Code of Conduct.

(ii)

Staff lists and signed copies of the Individual Code of Conduct are provided to the OHS Manager, the GBV
Compliance Team (GCT), and the client.

(iii)

Participate in training and ensure that staff also participate as outlined below.

(iv)

Put in place a mechanism for staff to:

(v)

d.

(A)

report concerns on ESHS or OHS compliance; and,(B)

confidentially report GBV incidents through the Grievance Mechanism (GM)

Staff are encouraged to report suspected or actual ESHS, OHS, GBV issues, emphasizing the staff’s responsibility
in compliance with applicable laws and to the best of your abilities, prevent perpetrators of sexual exploitation andabuse from being hired, re-hired or deployed. Use background and criminal reference checks for all employees nor
ordinarily resident in the country where the works are taking place.
Ensure that when engaging in partnership, sub-contractor, supplier or similar agreements, these agreements:(i)

Incorporate the ESHS, OHS, GBV Codes of Conduct as an attachment.

(ii)

Include the appropriate language requiring such contracting entities and individuals, and their employees andvolunteers, to comply with the Individual Codes of Conduct.

(iii)

Expressly state that the failure of those entities or individuals, as appropriate, to ensure compliance with the ESHS
and OHS standards, take preventive measures against GBV, to investigate allegations thereof, or to take corrective
actions when GBV has occurred, shall not only constitute grounds for sanctions and penalties in accordance with the
Individual Codes of Conduct but also termination of agreements to work on or supply the project.

e.

Provide support and resources to the GCT to create and disseminate internal sensitization initiatives through theawareness-raising strategy under the GBV Action Plan.

f.

Ensure that any GBV complaint warranting Police action is reported to the Police, the client and the World Bank
immediately.

Digital FSM Environmental and Social Management Plan
Report and act in accordance with the agreed response protocol any suspected or actual acts of GBV.

g.
h.

Ensure that any major ESHS or OHS incidents are reported to the client and the supervision engineer immediately,
non-major issues in accordance with the agreed reporting protocol.

i.

Ensure that children under the age of 18 are not present at the construction site or engaged in any hazardous activities.

a.

The managers are responsible to:Training(i)

Ensure that the OHS Management Plan is implemented, with suitable training required for all staff, including subcontractors and suppliers; and,(ii)

Ensure that staff have a suitable understanding of the C-ESMP and are trained as appropriate to implement the CESMP requirements.

b.

All managers are required to attend an induction manager training course prior to commencing work on site to ensurethat they are familiar with their roles and responsibilities in upholding the GBV elements of these Codes of Conduct.
This training will be separate from the induction training course required of all employees and will provide managers
with the necessary understanding and technical support needed to begin to develop the GBV Action Plan for addressing
GBV issues.

c.

Managers are required to attend and assist with the project facilitated monthly training courses for all employees.
Managers will be required to introduce the trainings and announce the self-evaluations, including collecting satisfaction
surveys to evaluate training experiences and provide advice on improving the effectiveness of training.

d.

Ensure that time is provided during work hours and that staff prior to commencing work on site attend the mandatory
project facilitated induction training on:(i)

OHS and ESHS; and,(ii)

GBV required of all employees.

e.

During civil works, ensure that staff attend ongoing OHS and ESHS training, as well as the monthly mandatory refresher
training course required of all employees to on GBV.

Responsea.

Managers will be required to take appropriate actions to address any ESHS or OHS incidents.

b.

Regarding GBV:(i)

Provide input to the GBV Allegation Procedures and Response Protocol developed by the GCT as part of the final
cleared GBV Action Plan.

(ii)

Once adopted by the Company, managers will uphold the Accountability Measures set forth in the GBV Action Plan
to maintain the confidentiality of all employees who report or (allegedly) perpetrate incidences of GBV (unless a
breach of confidentiality is required to protect persons or property from serious harm or where required by law).

(iii)

If a manager develops concerns or suspicions regarding any form of GBV by one of his/her direct reports, or by an
employee working for another contractor on the same work site, s/he is required to report the case using the GRM.

(iv)

Once a sanction has been determined, the relevant manager(s) is/are expected to be personally responsible for
ensuring that the measure is effectively enforced, within a maximum timeframe of 14 days from the date on which
the decision to sanction was made by the GCT.

(v)

If a Manager has a conflict of interest due to personal or familial relationships with the survivor and/or perpetrator,
he/she must notify the Company and the GCT. The Company will be required to appoint another manager without aconflict of interest to respond to complaints.

(vi)

Ensure that any GBV issue warranting Police action is reported to the Police, the client and the World Bank
immediatelyc.

Managers failing address ESHS or OHS incidents or failing to report or comply with the GBV provisions may be subject
to disciplinary measures, to be determined and enacted by the Company’s CEO, Managing Director or equivalenthighest-ranking manager. Those measures may include:(i)

Informal warning.

(ii)

Formal warning.

(iii)

Additional Training.

(iv)

Loss of up to one week's salary.

d.

(v)

Digital FSM Environmental and Social Management Plan
Suspension of employment (without payment of salary), for a minimum period of 1 month up to a maximum of 6months.

(vi)

Termination of employment.

Ultimately, failure to effectively respond to ESHS, OHS, and GBV cases on the work site by the company’s managers
or CEO may provide grounds for legal actions by authorities.

I do hereby acknowledge that I have read the foregoing Manager’s Code of Conduct, do agree to comply with the standards contained
therein and understand my roles and responsibilities to prevent and respond to ESHS, OHS, and GBV requirements. I understand thatany action inconsistent with this Manager’s Code of Conduct or failure to act mandated by this Manager’s Code of Conduct may resultin disciplinary action.

Signature:_________________________

Printed Name: _________________________

Title:_________________________

Date:_________________________

Digital FSM Environmental and Social Management Plan

Individual Code of Conduct – Environment, Social, Health and Safety and Occupational Healthand Safety Standards, Preventing Gender Based Violence
I, ______________________________, acknowledge that adhering to environmental, social, health and safety (ESHS) standards,
following the project’s occupational health and safety (OHS) requirements, and preventing Gender Based Violence (GBV) is important.
The Company considers that failure to follow ESHS and OHS standards, or to partake in activities constituting GBV—be it on the work
site, the work site surroundings, at workers’ camps, or the surrounding communities—constitute acts of gross misconduct and are
therefore grounds for sanctions, penalties or potential termination of employment. Prosecution by the Police of those who commit GBV
may be pursued if appropriate.
I agree that while working on the project I will:a.

Consent to a Police background check in any place I have worked for more than six months.

b.

Attend and actively partake in training courses related to ESHS, OHS, and GBV as requested by my employer.

c.

Will wear my personal protective equipment (PPE) at all times when at the work site or engaged in project related
activities.

d.

Take all practical steps to implement the environmental and social management plan (ESMP).

e.

Implement the OHS Management Plan.

f.

Adhere to a zero-alcohol policy during work activities, and refrain from the use of narcotics or other substances which
can impair faculties at all times.

g.

Treat women, children (persons under the age of 18), and men with respect regardless of race, color, language, religion,
political or other opinion, national, ethnic or social origin, property, disability, birth or other status.

h.

Not use language or behavior towards women, children or men that is inappropriate, harassing, abusive, sexually
provocative, demeaning or culturally inappropriate.

i.

Not sexually exploit or abuse project beneficiaries and members of the surrounding communities.

j.

Not engage in sexual harassment of work personnel and staff —for instance, making unwelcome sexual advances,
requests for sexual favors, and other verbal or physical conduct of a sexual nature is prohibited. E.g. looking somebody
up and down; kissing, howling or smacking sounds; hanging around somebody; whistling and catcalls; in someinstances, giving personal gifts.

k.

Not engage in sexual favors —for instance, making promises of favorable treatment (e.g. promotion), threats ofunfavorable treatment (e.g. loss of job) or payments in kind or in cash, dependent on sexual acts—or other forms of
humiliating, degrading or exploitative behavior.

l.

Not use prostitution in any form at any time.

m. Not participate in sexual contact or activity with children under the age of 18—including grooming or contact throughdigital media. Mistaken belief regarding the age of a child is not a defense. Consent from the child is also not a defense
or excuse.
n.

Unless there is the full consent54 by all parties involved, I will not have sexual interactions with members of thesurrounding communities. This includes relationships involving the withholding or promise of actual provision of benefit(monetary or non-monetary) to community members in exchange for sex (including prostitution). Such sexual activity is
considered “non-consensual” within the scope of this Code.

o.

Consider reporting through the GRM or to my manager any suspected or actual GBV by a fellow worker, whether
employed by my company or not, or any breaches of this Code of Conduct.

With respect to children under the age of 18:
a.

Bring to the attention of my manager the presence of any children on the construction site or engaged in hazardous
activities.

54 Consent is defined as the informed choice underlying an individual’s free and voluntary intention, acceptance or agreement to do something. No consent can befound when such acceptance or agreement is obtained using threats, force or other forms of coercion, abduction, fraud, deception, or misrepresentation. In accordancewith the United Nations Convention on the Rights of the Child, the World Bank considers that consent cannot be given by children under the age of 18, even if national
legislation of the country into which the Code of Conduct is introduced has a lower age. Mistaken belief regarding the age of the child and consent from the child is nota defense.

b.

Digital FSM Environmental and Social Management Plan
Wherever possible, ensure that another adult is present when working in the proximity of children.

c.

Not invite unaccompanied children unrelated to my family into my home, unless they are at immediate risk of injury orin physical danger.

d.

Not use any computers, mobile phones, video and digital cameras or any other medium to exploit or harass children or
to access child pornography (see also “Use of children's images for work related purposes” below).

e.

Refrain from physical punishment or discipline of children.

f.

Refrain from hiring children for domestic or other labor below the minimum age of 14 unless national law specifies ahigher age, or which places them at significant risk of injury.

g.

Comply with all relevant local legislation, including labor laws in relation to child labor and World Bank’s safeguard
policies on child labor and minimum age.

h.

Take appropriate caution when photographing or filming children (See Annex 2 for details).

Use of children's images for work related purposes
When photographing or filming a child for work related purposes, I must:a.

Before photographing or filming a child, assess and endeavor to comply with local traditions or restrictions forreproducing personal images.

b.

Before photographing or filming a child, obtain informed consent from the child and a parent or guardian of the child. Aspart of this I must explain how the photograph or film will be used.

c.

Ensure photographs, films, videos and DVDs present children in a dignified and respectful manner and not in avulnerable or submissive manner. Children should be adequately clothed and not in poses that could be seen as
sexually suggestive.

d.

Ensure images are honest representations of the context and the facts.

e.

Ensure file labels do not reveal identifying information about a child when sending images electronically.

Sanctions
I understand that if I breach this Individual Code of Conduct, my employer will take disciplinary action which could include:a.

Informal warning.

b.

Formal warning.

c.

Additional Training.

d.

Loss of up to one week’s salary.

e.

Suspension of employment (without payment of salary), for a minimum period of 1 month up to a maximum of 6 months.

f.

Termination of employment.

g.

Report to the Police if warranted.

I understand that it is my responsibility to ensure that the environmental, social, health and safety standards are met. That I will adhere
to the occupational health and safety management plan. That I will avoid actions or behaviors that could be construed as GBV. Anysuch actions will be a breach this Individual Code of Conduct. I do hereby acknowledge that I have read the foregoing Individual Codeof Conduct, do agree to comply with the standards contained therein and understand my roles and responsibilities to prevent andrespond to ESHS, OHS, GBV issues. I understand that any action inconsistent with this Individual Code of Conduct or failure to act
mandated by this Individual Code of Conduct may result in disciplinary action and may affect my ongoing employment.

Signature:_________________________

Printed Name:_________________________

Title:_________________________

Digital FSM Environmental and Social Management Plan
Date:_________________________

Digital FSM Environmental and Social Management Plan

Annexure Eleven – Screening Form
Safeguards Screening Form
This form is to be used by DoTCI to screen potential environmental and social safeguards issues in subprojects and determine which safeguard instrument/s is to be prepared prior to implementation.
If ‘Yes’, WB ESF triggered.

AnswerDocuments required if ‘Yes”

Screening Questions
Yes

No

N/A

Are the project impacts likely to have significant adverse environmental impacts that are
sensitive, diverse or unprecedented? Please provide brief description.

Not eligible for funding under Digital
FSM

Do the impacts affect an area broader than the sites or facilities subject to physical works
and are the significant adverse environmental impacts irreversible? Please provide brief
description.

World Bank ESF

Is the proposed project likely to have no adverse environmental impacts? Please provide
brief justification.

World Bank ESF

Is the project neither a Category A nor Category C as defined by the Bank? Please provide
brief justification.

World Bank ESF ESS1

Are the project impacts likely to have significant adverse social impacts that are sensitive,
diverse or unprecedented? Please provide brief description.

World Bank ESF ESS1Will the project involve the discharge of pollutants into air, water, soil and/or storage ofchemicals, hazardous materials, etc. that pose risks to environmental and public health?

World Bank ESF ESS1

Category A

Not eligible for funding under Digital
FSM
Nothing further required

Category C
ESIA or limited ESIA, and ESMP

Category B

Category A

Category A/B

Not eligible for funding under Digital
FSM
ESIA or Limited ESIA to determine
risk level– only Cat B eligible forfunding under Digital FSM - ESMP
with Waste / Hazardous Materials
Management Plan

Digital FSM Environmental and Social Management Plan
Will the project site be located near, waterways or water bodies/ponds?

World Bank ESF ESS1
Category A/B

ESIA or Limited ESIA to determine
level of risk/impact – only Cat B
eligible for funding under Digital FSM

Will the project adversely impact physical cultural resources? Please provide briefjustification.

World Bank ESF ESS8

ESMP with PCR Management

Category B

Plan and/or Chance Find Procedures(CFP)

Will any physical works be sited on private freehold (customary), Crown or state land? Will
this be acquired through market-based lease, government lease or sublease, purchase, orvoluntary donation? Please provide a brief explanation:

World Bank ESF ESS5

Evidence of Land Title or Voluntary
Land Donation

Will any physical works be sited on communal or collective land? If so, is the land more than
5% of the community’s area, and/or do gardens, crops or fixed assets exist on the nominatedland? Please provide a brief explanation.

World Bank ESF ESS5

Does the project involve the donation of land (in-kind) from project-affected persons forfacilities or investments that will be of benefit to the broader community? Please provide abrief explanation.

World Bank ESF ESS5

Will any physical works be located on land that is used or occupied by persons?

World Bank ESF ESS5

Category C

ProtocolCategory A/ B

Category C

Resettlement no acceptable under
Digital FSM
No land acquisition proposed under
Digital FSM
All activities to be undertaken on FSM
Government Land

Category B

Digital FSM proposed for government
owned and/or-leased land only.
Land access agreement

Does the project involve large-scale55 involuntary land acquisition or physical relocation ofpeople? Please provide brief explanation

World Bank ESF ESS5

Does the project involve minor involuntary land acquisition, loss of assets or access toassets, or loss of income sources or means of livelihood? Please provide brief explanation

World Bank ESF ESS555 Physical and/or economic displacement of more than 200 affected people and/or more than 10% of productive assets are lost.

Category A

Category B

Not eligible for financing under Digital
FSM
No land acquisition under
Digital FSM