Digital FSMEnvironmental 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
2 December 2019

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Digital FSMEnvironmental and Social Management Plan

Quality Information
Document:

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

6 November 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 for Client

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Digital FSMEnvironmental and Social Management Plan
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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Digital FSMEnvironmental and Social Management Plan
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 Practice

GRM

Grievance Redress 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

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

PID

Project Information Document

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Digital FSMEnvironmental and Social Management PlanPM

Particulate Matter

PMU

Project Management Unit

POM

Project Operations Manual

PPA

Project Preparation Advance

PPE

Personal protective Equipment

PPP

Public Private Partnership

RIO

Reference Interconnection Offer

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

VSAT

Very Small Aperture Terminal

WB

World BankWHOWorld Health Organization

WMP

Waste Management Plan

WWF

World Wildlife Fund

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Digital FSMEnvironmental and Social Management Plan

Weights and Measures
m–

meter

m2

–

square meterm3–

cubic metermm–

millimeterFoot= 25.4mm

Mile=1.61 km

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Digital FSMEnvironmental and Social Management Plan

Contents
1

Introduction ................................................................................................................................................................ 15
1.1.

Purpose and scope of the Environmental and Social Management Plan ..........................................................................15

1.2.

Environmental and Social Commitment Plan .......................................................................Error! Bookmark not defined.

2

Background and Rationale ......................................................................................................................................... 15
2.1.

Country Context .................................................................................................................................................................15

3

Existing Infrastructure ................................................................................................................................................ 17

4

Description of the Activities ........................................................................................................................................ 22
4.1.

Project Development Objectives ........................................................................................................................................22

4.2.

Project Overview ................................................................................................................................................................22

4.3.

Project Components ...........................................................................................................................................................23

4.3.1.

Component 1: National Digital Connectivity Infrastructure ............................................................................................23

4.3.2.

Subcomponent 1.1. Improving national connectivity: ....................................................................................................23

4.3.3.

Subcomponent 1.2. Bridging the connectivity gap for outer islands: .............................................................................24

4.3.4.

Component 2: Digital Government Platform: .................................................................................................................25

4.3.5.

Component 3: Enabling environment for Digital Government and Digital Economy: ....................................................25

4.3.6.

Component 4. Project Management ..............................................................................................................................26

4.4.

Project Options ...................................................................................................................................................................26

4.4.1.

Fiber to the Home (FTTH) .............................................................................................................................................26

4.4.2.

Fiber to the Node (FTTN) ..............................................................................................................................................26

4.4.3.

Microwave Connections ................................................................................................................................................27

4.4.4.

Satellite Connections to Outer Atolls .............................................................................................................................27

4.5.
5

Project Benefits and Beneficiaries......................................................................................................................................27
Institutional and Legal Framework for Environmental and Social Matters ................................................................. 28

5.1.

Introduction.........................................................................................................................................................................28

5.2.

FSM Legislation, Regulations and Policies ........................................................................................................................28

5.2.1.

Introduction ....................................................................................................................................................................28

5.2.2.

NationalLegislation, Policies and Regulations ...............................................................................................................28

5.2.3.

State Legislation, Policies and Regulations...................................................................................................................31

5.2.4.

Pohnpei .........................................................................................................................................................................31

5.2.5.

Yap ................................................................................................................................................................................32

5.3.

Environmental Impact Assessment in FSM........................................................................................................................32

5.3.1.

FSM Environmental Impact Assessment Regulations...................................................................................................32

5.3.2.

State EIA regulations .....................................................................................................................................................33

5.3.3.

Labor Law ......................................................................................................................................................................34

5.4.

World Bank Environmental and Social Standards..............................................................................................................35

5.4.1.

ESS1: Assessment and Management of Environmental and Social Risks and Impacts...............................................35

5.4.2.

ESS2: Labor and Working Conditions ...........................................................................................................................35

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5.4.3.

ESS3: Resource Efficiency and Pollution Prevention and Management.......................................................................36

5.4.4.

ESS4: Community Health and Safety............................................................................................................................36

5.4.5.

ESS5: Land Acquisition, Restrictions on Land Use and Involuntary Resettlement .......................................................36

5.4.6.

ESS6: Biodiversity Conservation and Sustainable Management of Living Natural Resources .....................................36

5.4.7.

ESS7: Indigenous Peoples/Sub-Saharan African Historically Underserved Traditional Local Communities ................36

5.4.8.

ESS8: Cultural Heritage ................................................................................................................................................36

5.4.9.

ESS9: Financial Intermediaries .....................................................................................................................................36

5.4.10.

ESS10: Stakeholder Engagement and Information Disclosure ................................................................................36

5.4.11.

Other Relevant Project Risks....................................................................................................................................37

5.4.12.

World Bank General Environmental, Health and Safety Guidelines .........................................................................37

6

Potential Environmental and Social Impacts .............................................................................................................. 38
6.1.

Summary of Anticipated Environmental and Social Impacts ..............................................................................................38

6.1.1.

Sensitive Receptors.......................................................................................................................................................38

6.1.2.

Environmental Impacts ..................................................................................................................................................38

6.1.3.

Social Impacts ...............................................................................................................................................................39

6.2.
7

Assessment of Environmental and Social Impacts ............................................................................................................40
Environmental and Social Impact Mitigation Strategies ............................................................................................. 48

7.1.

Investment Identification, Concept Design and Bid Documents.........................................................................................48

7.2.

Land Access .......................................................................................................................................................................48

7.3.

Fibre to the Home (FTTH) ....................................................................................................Error! Bookmark not defined.

7.4.

Sediment and Soil Erosion Control ....................................................................................................................................48

7.4.1.

Performance Criteria .....................................................................................................................................................48

7.4.2.

Monitoring ......................................................................................................................................................................49

7.4.3.

Reporting .......................................................................................................................................................................49

7.5.

Unexploded Ordinance (UXO) ...........................................................................................................................................51

7.5.1.

Background ...................................................................................................................................................................51

7.5.2.

Performance Criteria .....................................................................................................................................................51

7.5.3.

Monitoring ......................................................................................................................................................................51

7.5.4.

Reporting .......................................................................................................................................................................51

7.6.

Air Quality ...........................................................................................................................................................................53

7.6.1.

Background ...................................................................................................................................................................53

7.6.2.

Performance Criteria .....................................................................................................................................................53

7.6.3.

Monitoring ......................................................................................................................................................................53

7.6.4.

Reporting .......................................................................................................................................................................53

7.7.

Noise and Vibration ............................................................................................................................................................55

7.7.1.

Background ...................................................................................................................................................................55

7.7.2.

Performance Criteria .....................................................................................................................................................55

7.7.3.

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

7.7.4.

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

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7.8.

Surface Water ....................................................................................................................................................................57

7.8.1.

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

7.8.2.

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

7.8.3.

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

7.8.4.

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

7.9.

Terrestrial and Aquatic Flora and Fauna ............................................................................................................................59

7.9.1.

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

7.9.2.

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

7.9.3.

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

7.9.4.

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

7.10.

Social Management and Population...................................................................................................................................61

7.10.1.

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

7.10.2.

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

7.10.3.

Reporting ..................................................................................................................................................................61

7.11.

Land Ownership and Customary Tenure ...........................................................................................................................65

7.11.1.

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

7.11.2.

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

7.11.3.

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

7.12.

Cultural Heritage ................................................................................................................................................................68

7.12.1.

Background...............................................................................................................................................................68

7.12.2.

Performance Criteria.................................................................................................................................................68

7.12.3.

Reporting ..................................................................................................................................................................68

7.13.

Gender and Gender Based Violence .................................................................................................................................70

7.13.1.

Background...............................................................................................................................................................70

7.13.2.

Performance Criteria.................................................................................................................................................70

7.13.3.

Reporting ..................................................................................................................................................................70

7.14.

Waste Management ...........................................................................................................................................................73

7.14.1.

Background...............................................................................................................................................................73

7.14.2.

Performance Criteria.................................................................................................................................................73

7.14.3.

Monitoring .................................................................................................................................................................73

7.14.4.

Reporting ..................................................................................................................................................................73

7.15.

Emergency Management Measures ..................................................................................................................................76

7.15.1.

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

7.15.2.

Monitoring .................................................................................................................................................................76

7.15.3.

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

8

Labor Management Procedures................................................................................................................................. 78
8.1.

Overview of Labor Use on the Project................................................................................................................................78

8.2.

Assessment of Key Potential Labor Risks..........................................................................................................................79

8.2.1.

Project Activities and Key Labor Risks ..........................................................................................................................79

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8.3.

Overview of the Labor Legislation: Terms and Conditions .................................................................................................80

8.4.

Overview of the Labor Legislation: Occupational Health and Safety .................................................................................80

8.5.

Responsible Staff ...............................................................................................................................................................80

8.5.1.

Occupational, Health and Safety ...................................................................................................................................81

8.5.2.

Labor Influx and Gender Based Violence ......................................................................................................................82

8.6.

Policies and Procedures.....................................................................................................................................................83

8.7.

Age of Employment ............................................................................................................................................................83

8.8.

Terms and Conditions ........................................................................................................................................................83

8.9.

Grievance Mechanism........................................................................................................................................................83

8.9.1.

Communications ............................................................................................................................................................84

8.9.2.

Process..........................................................................................................................................................................84

8.10.

Contractor Management.....................................................................................................................................................84

8.11.

Local Workers ....................................................................................................................................................................85

8.12.

Primary Supply Workers.....................................................................................................................................................85

Resettlement Policy Framework ...................................................................................Error! Bookmark not defined.

9

10

11

9.1.

Scope of Land Related Impacts .........................................................................................................................................86

9.2.

Project Design and Mitigation Hierarchy ............................................................................................................................89

9.3.

Gap Analysis of FSM Legislation and ESF ........................................................................................................................89

9.4.

Involuntary Resettlement....................................................................................................................................................90

9.5.

Voluntary Land Acquisition .................................................................................................................................................90

9.5.1.

Temporary Storage Sites during Construction ..............................................................................................................91

9.5.2.

Cut Off Date for Calculation of Entitlements ....................................................................Error! Bookmark not defined.

9.5.3.

Valuation of Assets, including Crops ...............................................................................Error! Bookmark not defined.

9.5.4.

Cadastral survey for land.................................................................................................Error! Bookmark not defined.

9.6.

Easements for Utilities........................................................................................................................................................91

9.7.

Steps for Land Acquisition..................................................................................................................................................91

9.8.

Impacts to Assets (Fibre to the Home) ...............................................................................................................................92

9.9.

Temporary Access Restrictions..........................................................................................................................................92

9.10.

Estimated Population Affected .............................................................................................Error! Bookmark not defined.

9.10.1.

Criteria for Eligibility for Benefits .................................................................................Error! Bookmark not defined.

9.10.2.

Entitlements ................................................................................................................Error! Bookmark not defined.

9.11.

Grievance Redress Mechanism .........................................................................................................................................92

9.12.

Monitoring Arrangements ...................................................................................................................................................92

Consultation ............................................................................................................................................................... 93
10.1.

Stakeholder Engagement During Project Preparation .......................................................................................................93

10.2.

Stakeholder Engagement During Implementation................................................................Error! Bookmark not defined.

10.3.

Stakeholder Engagement Plan...........................................................................................................................................93

10.4.

Key Comments from Consultation......................................................................................................................................93

Grievance Redress Mechanism ................................................................................................................................. 94

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11.1.

Introduction.........................................................................................................................................................................94

11.2.

FSM Judiciary Level Grievances ........................................................................................................................................94

11.3.

Grievance Redress Mechanism .........................................................................................................................................94

11.3.1.

Introduction ...............................................................................................................................................................94

11.3.2.

Grievance Redress Mechanism................................................................................................................................95

11.3.3.

Complaints Register .................................................................................................................................................96

11.3.4.

World Bank Complaints Framework .........................................................................................................................96

Institutional Arrangements for the Environmental and Social Management Plan ...................................................... 97
12.1.

Project Institutional and Implementation Arrangements .......................................................Error! Bookmark not defined.

12.1.1.

Administration .............................................................................................................Error! Bookmark not defined.

13

Disclosure .................................................................................................................................................................. 98

14

Environmental and Social Management Plan Monitoring, Evaluation and Reporting ................................................ 99

15

Environmental and Social Management Plan Capacity Building ............................................................................. 100
15.1.
1.1.1

16

Capacity Development .....................................................................................................................................................100
Training........................................................................................................................................................................100

Environmental and Social Management Plan Budget .............................................................................................. 101

Annexure One Summary of Stakeholder Engagement ........................................................................................................ 102
Annexure Two Description of Bio-Physical Environment ..................................................................................................... 107
Geology, Topography and Soils .....................................................................................................................................................107
National ......................................................................................................................................................................................107
Chuuk.........................................................................................................................................................................................107
Kosrae........................................................................................................................................................................................107
Pohnpei ......................................................................................................................................................................................107
Yap.............................................................................................................................................................................................108
Seismic Activity ...............................................................................................................................................................................108
Unexploded Ordinances .................................................................................................................................................................109
Climate............................................................................................................................................................................................109
Air Quality .......................................................................................................................................................................................110
Ambient Noise ................................................................................................................................................................................110
Terrestrial Ecology ..........................................................................................................................................................................111
Invasive species .............................................................................................................................................................................111
Surface Water .................................................................................................................................................................................112
Chuuk.........................................................................................................................................................................................112
Kosrae........................................................................................................................................................................................112
Pohnpei ......................................................................................................................................................................................112
Yap.............................................................................................................................................................................................112
Groundwater ...................................................................................................................................................................................112
Chuuk.........................................................................................................................................................................................113
Kosrae........................................................................................................................................................................................113

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Digital FSMEnvironmental and Social Management Plan
Pohnpei ......................................................................................................................................................................................113
Yap.............................................................................................................................................................................................113
Annexure Three Description of Existing Socio-Economic Environment ............................................................................... 114
History and National Identity ...........................................................................................................................................................114
Population .......................................................................................................................................................................................114
People, Culture, Language and Religion ........................................................................................................................................115
Poverty Profile ................................................................................................................................................................................116
Land ................................................................................................................................................................................................118
Gender ............................................................................................................................................................................................120
Social Organization.........................................................................................................................................................................120
Households and Housing Characteristics .......................................................................................................................................121
Education ...................................................................................................................................................................................121
Annexure Four Land Use Agreement Template ................................................................................................................... 122
Annexure Five Erosion, Drainage and Sediment Control Management Plan and Contaminated Soil Disposal Management Plan
Outline 122
Annexure Six Solid Waste Management Plan Outline ..............................................................Error! Bookmark not defined.
Annexure Seven Waste Code of Conduct ............................................................................................................................ 125
Annexure Eight Chance Finds Procedure ............................................................................................................................ 128
Annexure Nine Standard Contract Clauses .......................................................................................................................... 129
Annexure Ten Codes of Conduct ......................................................................................................................................... 135
Company Code of Conduct – Environment, Social, Health and Safety and Occupational Health and Safety Standards, Preventing
Gender Based Violence ..................................................................................................................................................................135
Manager’s Code of Conduct, Implementing ESHS and OHS Standards, Preventing Gender Based Violence .............................138

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Digital FSMEnvironmental and Social Management Plan
Figure 1 Map of the Federated States of Micronesia ............................................................................................................................16
Figure 2 Examples of Existing Infrastructure and Road Easements .....................................................................................................21
Figure 3 Example Road Easement and Infrastructure Locations ..........................................................................................................24
Figure 4 ESS10 Information Disclosure Requirements .........................................................................................................................98
Figure 5 Epicenters of earthquakes in the west Pacific Islands region ...............................................................................................109
Figure 6 Monthly air temperatures for Pohnpei and Yap .....................................................................................................................110
Figure 7 Ethnic Composition (2010): ...................................................................................................................................................116
Figure 8 Distribution of Poor Population (Source: Poverty Profile of the Federated States of Micronesia based on 2013/14 HIES data).............................................................................................................................................................................................................116
Table 1 Anticipated Environmental and Social Impacts by Component and Stage of Project...............................................................47
Table 2 Erosion, Drainage and Sediment Control Measures ................................................................................................................50
Table 3Unexploded Ordinance ..............................................................................................................................................................52
Table 4 Air Quality Management Measures ..........................................................................................................................................54
Table 5 Noise and Vibration Management Measures ...........................................................................................................................56
Table 6 Water Quality Management Measures .....................................................................................................................................58
Table 7 Flora and Fauna Management Measures ................................................................................................................................60
Table 8 Social Management and Population Measures ........................................................................................................................62
Table 9 Land Ownership Measures .......................................................................................................................................................66
Table 10 Cultural Heritage Measures ....................................................................................................................................................69
Table 11: Gender and GBV Measures ..................................................................................................................................................71
Table 12 Waste Management Measures ...............................................................................................................................................74
Table 13 Emergency Management Measures .......................................................................................................................................77
Table 14 Land Impacts Associated with Component 1 Activities ..........................................................................................................87
Table 15 Non-Compliant Matters under ESS5 ......................................................................................................................................88
Table 16 Comparison of FSM Legislation and ESS5 Requirements .....................................................................................................90
Table 17 Key Responsibilities for Safeguards Implementation ...............................................................Error! Bookmark not defined.
Table 18 Ambient noise levels in Pohnpei (ADB 2013) .......................................................................................................................111

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Digital FSMEnvironmental and Social Management Plan

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
aspects of 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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Digital FSMEnvironmental 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 toundertake 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 tohigher 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 WorldBank Environmental and Social Framework (ESF). To fulfill the requirements of the World Bank, the Government of FSM has
prepared this 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
integration of 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 managethe 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.

Processes for implementation of safeguards during project implementation;c.

Description of the implementation arrangements;d.

The Grievance Mechanism (GM); ande.

Indicative budget for key safeguards 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 ControlPlan (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.

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 andwithin the Caroline Islands group. The largest nation in the Micronesian sub-region, the FSM, is made up of four semiautonomous states (Chuuk, Kosrae, Pohnpei, and Yap) located between Palau and the Philippines to the west and the
Marshall Islands to the 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).

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Digital FSMEnvironmental and Social Management Plan

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 andmore remote outer islands.Such events can and do cause severe damage to infrastructure and other economic assets andhave adverse impacts on livelihoods. As such, having a reliable fiber and telecommunications network more broadly is vital forthe 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 FSMEnvironmental 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 mainislands, 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 oftyphoons. 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 otherislands 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 anadditional tower on Weno that is connected via microwave. There are seven (7) towers on other islands in Chuuk Lagoon thatare connected via microwave. Five of 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 otherstates. 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 ofKolonia. 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 fromthe central office. Mobile infrastructures are made of eight cell sites, including three cell sites that support 3G, but some blackspots remain in the coverage.
21. Chuuk, Pohnpei and Yap all have installed submarine cables that are cable of supplying 100gigabyte/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 towersin 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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Figure 2 Examples of Existing Infrastructure and Road Easements

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4 DESCRIPTION OF THE ACTIVITIES
4.1. PROJECT DEVELOPMENT OBJECTIVES
24. The Digital FSMProject’s development objective is to expand access to the internet, promote private sector investment indigital services and establish the critical foundations for digital government services and the digital economy. TheDigital FSM
Project will support the Government of FSM’s efforts to move towards an integrated Digital Government Platform (DGP) thatwill help to provide greater efficiency and resource-sharing within Government, facilitate better communication with citizens andresidents, 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 tobuild 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 inlate 2020 to early 2021.As part of the Digital FSM Project, domestic terrestrial fiber will be installed in the urban and rural areasof all the main islands, with the current preference is for the fiber to beabove ground, although it maybe underground in somelocations. Mobile 4G base stations and satellite connectivity will be installed on outer islands (volcanic and atoll) withpopulations >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 beused.
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 accessto core public services, particularly peoplein remote areas or on the outer islands who are currently excluded.

4.2. PROJECT OVERVIEW
27. The Digital FSMProject 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 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;2.

Bridging the connectivity gap for outer islands with the installation of microwave towers to provide 4G Long Term
Evolution (LTE) technologyand satellite connectivity to provide mobile internet. This technology will be constructed inatolls/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 efficienciesincreasing access to services, and enhancing the quality of life for citizens andresidents, while reducing the complexity for businesses transacting with Government.;

2.

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;3.

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

4.

Design and implementation of a National Government Portal to facilitate citizen and business access to public
information; and5.

Implementation of selected e-Servicesin 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;

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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; and3.

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.

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. TheDigital 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
installation of anynew 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 roadeasements. From the main network, individual above ground fiber will be used for Fiber To The Home (FTTH). The fiber cable
will come to each house as requested. Once at the house, the owner or tenant will need to purchase a service from anindividual company that is allowed 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 privatecompanies 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, the price 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 beat sea 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)
to enable 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

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towers on Weno, Udot, Romanum, Takuro, Fred, Netutu and Polle islands, which will require negotiations with Telecom
and potential lease arrangements; and•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 buildtelecommunications 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.

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37. 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, in some cases towers may need to beconstructed 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 to site these wherever possible within the footprint ofexisting government building lease areasBased on the site assessment, the towers could take up an area of about 15 metersby 10 meters particularly if being powered by solar if placed on land. Examples of a tower are shown in Figure 2.Examples ofpotential tower locations are contained in Figure 3.Where Government leased land is not possible, alternative landarrangements will need to be established. During the design phase, all communities will be consulted to ensure land accessand the location of the infrastructure is acceptable to the community. It is anticipated that construction works at each location
will be completed within a few weeks.
38.
39.
40. .
4.3.4. Component 2: Digital Government Platform:
41. 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 thefour states 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 the cloud
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” forcitizen 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 in eachagency.

e.

Implementation of selected e-Services. This subcomponent will develop selected digital services, based on a readinessassessment for digital services (institutional as well as technical). The subcomponent will provide advisory support toimplement 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 and education) to
provide convenient access to various government services.

4.3.5. Component 3: Enabling environment for Digital Government and Digital Economy:
42. 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 andevolution, 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 finance advisory

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services for data governance and data protection safeguards specifically to strengthen data privacy and prevent themisuse 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.

c.

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 to engage
consultancies and capacity building activities to promote gender mainstreaming at the National and State level throughthe 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
43. This component will provide the Government of FSM with monies to manage World Bank projects in Micronesia over the next
four years.

4.4. CONNECTIVITYOPTIONS
44. 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.

45. 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.
46.
4.4.1. Fiber to the Home (FTTH)
47. FTTH is also sometimes referred to as fiber to the premises, whereby fiber cable is installedto 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..
48. 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)
49. 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
in locations 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.
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4.4.3. Microwave Connections
50. 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 oneither end of the connection, and the land for these tower sites would need to be carefully selected to provide the optimalconnectivity, whilst considering impact to existing community amenity and land ownership on both sides of the connection.
51. 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..
52. 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
53. For outer islands, the proposed design is satellite dishes to be attached to the side of existing public buildings, such as schoolsor health dispensaries.
54. The topography of some atolls may require a tower to broadcast the signal across larger areas, to multiple islands within theatoll structure. In cases where this is required, an assessment of the land implications would need to be undertaken.

4.5. PROJECT BENEFITS AND BENEFICIARIES
55. 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”
56. 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 toindividuals and businesses.
57. 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.
58. 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 will have a key role to play in ensuring equal access for all FSM citizens, accounting for disadvantage
from income level, disability, gender, age or remoteness, through structured pricing models.

1Polyconseil, FSM Connectivity Project, Economic and Financial Assessment, 26 July 2019

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5 INSTITUTIONAL AND LEGAL FRAMEWORK FOR ENVIRONMENTAL AND SOCIAL
MATTERS5.1. INTRODUCTION
59. 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
60. 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.
61. 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,
typical of the Westminster system.
62. Each State also has its own set of environmental and social laws and regulations geared to protect the Statesfrom among
other things, the effects of climate change. Under the Compact II, Article VI and section 161 of Title II, FSM is committed toapplying the National Environmental Policy Act 1969(since repealed) and “to develop and implement standards andprocedures to protect its environment.”
63. The following pieces of legislation are relevant to the Digital FSM Project.
5.2.2. NationalLegislation, Policies and Regulations
5.2.2.1. Constitution
64. 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
influence in 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.
65. 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.
66. 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.
67. The legislative power of the National Government is vested in Congress. The Congress includes one member elected fromeach of 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.
68. 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 vetoby a three-quarter vote of all State delegations, each casting a single vote.
69. 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.
70. 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 law that was promulgated under the Trust Territory Arrangements.Apart from some specific areas of environmental
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and natural resources law, such as Title 24 directed at the administration of fishing within the exclusive economic zone, thisneed still exists.
5.2.2.2. Environmental legislation
71. 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, andfulfill the social, economic, and other requirements of present and future generations of FSM.
72. 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 theend 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, anenvironment, which supports diversity and variety of individual choice.

73. 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.
74. The FSM recognizes that each person has a responsibility to contribute to the preservation and enhancement of theenvironment. Section 302 of the Environmental Impact Assessment Act states that - 1) any person, prior to taking any actionthat may significantly affect the quality of the environment within the Exclusive Economic Zone of the Federated States ofMicronesia, or within 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.
75. Building on the Trust Territory Environmental Quality Protection Act (Title 25 of the FSMC), the FSMEnvironmental Protection
Act 1984 (FSM EPA), and its subordinate instruments, seeks to provide the legislative basis for the protection of theenvironment, including cultural, historic and natural aspects of Micronesian heritage, throughout FSM.The Act acknowledges
that close co-operation between the National and State Governments is required to support this objective.
76. 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.
77. The Act requires the Secretary to enter into written cooperative arrangements with the States or State agencies for the
purposes of providing funds to the States, collecting data on local needs and transferring authority to the States to act asagents 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.
78. 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,which draws 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 and toprescribe 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 ormaterials 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 of land, and themoving, 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
79. Title 23 – Resource Conservation (Chapter 2) of theTrust 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.
80. 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.
81. 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 todate.
5.2.2.4. Cultural Heritage
82. The FSMCode 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.
83. 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 preservationof cultural heritage is the Office of Administration Services, which established the Division of Historic Preservation in 1988.The

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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.
5.2.3. State Legislation, Policies and Regulations
84. The following sections provide a list of relevant Legislation, Policies and Regulations and the State level.
5.2.3.1. Chuuk
85. 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.

86. 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 (itis assumed that telecommunications equipment would be a utility) including but not limited to underground and above groundwater and sewerage pipelines, and electric power transmission lines together with all necessary related equipment.
5.2.3.2. Kosrae
87. 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.

88. The Government of Kosrae is currently undertaking a process of analysis all easements with the State.
5.2.4. Pohnpei
89. 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;

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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;g.

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
90. 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
91. 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.
92. 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 thehuman environment. 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.”
93. 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.
94. 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.
95. 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, andenhancing the environment. These regulations provide the directions to achieve this purpose. In addition, these regulations aredesigned 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.

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5.3.2. State EIA regulations
96. 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.
5.3.2.1. Chuuk State Environmental Protection Act 1994
97. The Chuuk State Environmental Protection Act 1994creates 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.”
98. Section 1006 of the Act states that “A person shall submit an environmental impact statement to the Agency, in accordancewith regulations established by the Agency, prior to taking any major action which may substantially affect the quality of theenvironment.”
99. 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
100. The purpose of the Kosrae State Development Regulation 2014is 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:c.

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

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").”101. 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 otheractivity which disturbs or alters the surface of the land, including, but not limited to excavations, embankments, landdevelopment, subdivision development, mineral extraction, and the moving, depositing or storing of soil, rock, or earth.
102. 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
for a Development Review Permit including an EIA Checklist (and other attachments). The review of the application will involvea determination if an EIS is necessary, depending on the Technical Advisory Committee’s assessment of the nature andseverity of the potential impacts. A Development Review Permit will be granted by the Kosrae Island Resource Management
Authority.
103. 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
have the opportunity to provide input, written or oral, for the project.”
5.3.2.3. Pohnpei State Legislative Framework
104. Pohnpei’sEnvironmental 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 determined by the EPA on consideration of an Initial Assessment (with a prescribed checklist) submitted by a proponent.
105. 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,through a permitting process, only if it determines that the assessment is sufficient. Once the completed assessment ispresented to the EPA Board of Directors and upon the final deliberations of the EPA Board, a permit will be given to the project
proponent with conditions for compliance of the project proponent as required by EPA regulations.
106. There is a range of potentially required permits and licenses for a major development in Pohnpei. These comprise:
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EPA Earthmoving Permit;b.

Land Ownership documentation;c.

Forestry Clearance;d.

Municipal Government Clearance (planning approval);e.

Department of Lands approval; andf.

Historic Preservation clearance.

107. The Environmental Protection Act 1992also 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
108. 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 thehuman or natural environment. 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 the EIA.

109. 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.

110. 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.”
111. Where the environmental impacts in the PEIS is assessed by the EPA Board to be have severe potential impacts, theproponent is required to prepare a more detailed environmental assessment report (Draft EIS) which will be reviewed andcommented on by the EPA Board and others including the public, and these comments are send to the Proponent for review
and incorporation into the Final EIS.
112. 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
113. 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:
1.

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

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;i.

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

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

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

5.4. WORLD BANK ENVIRONMENTAL AND SOCIAL STANDARDS
115. 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.

116. 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.

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

ESMP;

b.

Land Access Process;c.

Environmental and Social Commitment Plan (ESCP);d.

Labor Management Procedure (LMP) (Chapter8); ande.

Stakeholder Engagement Plan (SEP).

118. 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
119. 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.
120. 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 the installation of infrastructure, training of workers and good supervision and oversight of mitigation measures, as
outlined in the Labor Management Procedures (LMP).
121. 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 consideredvulnerable due to disabilities, people isolated from the broader community due to unemployment, parental roles, age, etc. andpeople 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
122. 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 theDigital FSM ESMP 12 Nov RM PF NO TRACK

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Digital FSMEnvironmental and Social Management Planproject ESMP, bid documents, contracts and in the PPP agreement, and supervised by the Project Manager andCIU safeguard
team.
123. The Labor Management Procedures (LMP)areoutlined 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 agrievance mechanism. Labor influx issues are also addressed in the LMP.
5.4.3. ESS3: Resource Efficiency and Pollution Prevention and Management
124. 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 beeffectively managed under the ESMP to avoid and limit waste to landfill and maximize recycling and reuse.
5.4.4. ESS4: Community Health and Safety
125. 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 groundinfrastructure. 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 bea key risk requiring management. The social assessment has identified issues in FSM relating to labor rights, issues with
imported labor, gender, child labor, demand for sex workers, trafficking and suitable management measures and mitigations
are defined in the ESMP.
5.4.5. ESS5: Land Acquisition, Restrictions on Land Use and Involuntary Resettlement
126. ESS5 is relevantfor the project. The fiber network on the main islands will be laid along existing public roads and easements. In
most cases, mobile and satellite infrastructure on outer islands will be installed on existing public land and buildings.
Experience on previous projects in FSM has shown that Government leased land is the most preferable (and generally
available) for the installation of key infrastructure and will be prioritized for the Digital FSM project. Most infrastructure is flexible
in its location and landowners will have power of choice to deny access to the government. There will be no involuntary landacquisition as it would not be necessary to implement the project. All projects will either be located on Government land witheasements, or by negotiation with landowners (which may in some cases involve compensation or ongoing lease payments).
5.4.6. ESS6: Biodiversity Conservation and Sustainable Management of Living Natural Resources
127. 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
128. 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 ineach State. The SEP has identified outer islanders as potentially more vulnerable, due primarily to the remoteness of theircommunities, and addressed the specific needs for consultations of these groups.
5.4.8. ESS8: Cultural Heritage129. 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
7contains 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
130. Not relevant.
5.4.10. ESS10: Stakeholder Engagement and Information Disclosure131. 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
132. 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 Guidelines133. 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 containthe performance levels and measures that are generally considered to be achievable in new facilities by existing technology atreasonable costs.
134. 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…”.
135. 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 less hazardous
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.

136. 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
that are part of the Digital FSM.
137. 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
138. Given the known likely nature of the project activities, there are unlikely to be significant environmental and social impacts.
Screeninghas 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
139. Across the four States, there are likely to be sensitive receptors including schools, hospitals, churches, graves, 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 anyway
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.
140. Particular attention would need to be paid to hospitals and other emergency services (police, fire stations, etc.) to ensure
access is not restricted during construction works.
6.1.2. Environmental Impacts
141. The environmental risks are considered minorand 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 andoversight of mitigation measures.
142. 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
likelihood of these impacts is low, and the impacts are considered to also be low.
143. 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.
144. 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.
145. 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 isminor, and the impacts are considered to also be minor.
146. 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.
147. 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 ofequipment etc. The likelihood of these impacts is minor, and the impacts are considered to also be minor.
148. 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.
149. 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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Digital FSMEnvironmental and Social Management Plan
6.1.3. Social Impacts
6.1.3.1. Physical Infrastructure – Planning, Construction and Maintenance150. 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.
151. 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 forinternet infrastructure, but they are currently being used by the residents for other purposes (sanitation, laundry).
152. The Digital FSM Project will provide FiberToThe 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
to access 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
can be applied.There may be some impacts to private residences or business where the services are connected, including
removal of 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.
153. 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 location, though the duration of workers in any one
place is 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 beworking at every household and premises if FTTH proceeds. However, this is also likely to bring some economic benefits in theform of additional economic spending where work is being undertaken. Given the small number of workers however, this is
likely to be limited. Whilst the time on each island is likely to be small, if the work is conducted from the government field shipvisiting multiple locations, the time at sea may be quite lengthy.
154. 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.
155. 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).
156. 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, 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
157. 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.
158. 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 fromhacking and misuse of private information.
159. 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 understandexisting related activities. Consultation on gender mainstreaming is also needed. The project gender assessment andimplications 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
160. 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 ofbenefits to be extremely high. Expected benefits of the project include improved access to information, social connections to
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Digital FSMEnvironmental and Social Management Plan
family and friends 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 of requiring physical travel, and many more. Remittances are a major source of revenue for families in FSM, andinternet connectivity will make these vastly easier to access. Online purchasing has also been identified as a major benefit toindividuals and businesses.
161. Social risks arising from internet access include those outlined below. Notably, these risks already exist in FSM, given fairly
widespreadalbeit 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 alsoincrease exposure to online
risks that are experienced 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 adult content;k.

Inappropriate use of social media;l.

Child grooming; andm. Increased opportunities for human trafficking.
162. 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
introduction of internet to FSM, the population currently have fairly limited understanding of these risks and are more likely tofall for scams.Identity theft is a particular risk, as it would allow people access to the USA.
163. There are also risks relating to unequal access based on gender, age or ability. Domestic 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
domestic violence prevention, rights and access to emergency support.
164. 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 areless savvy than other users to increasingly sophisticated scams, and alsothe particular appeal of FSM citizens for scams dueto the perception that they enable ‘backdoor’ access to the USA through the Compact.

6.2. ASSESSMENT OF ENVIRONMENTAL AND SOCIAL IMPACTS
165. 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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Digital FSMEnvironmental and Social Management Plan
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.

DoFACIU
safeguardsteam

Chuuk Lagoon.

During project

Project

CIU Safeguard

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.

Engage in process of obtaining
permissions from clans/landowners.

Loss of land or access to land or structures

Prioritize use of existing government

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Assessment of cultural heritage impacts
required for any proposed sites without
existing roads or easements.

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Digital FSMEnvironmental and Social Management Plan
Parameters

Significant Potential Impacts
due to installation of proposed tower
locations in Chuuk Lagoon islands.

Mitigation Measures

Locationleased lands. Where not possible,
discuss with community as to possible
locations for development and enter into
the appropriate land agreement.

Timing/Duration

Who
Implements

WhoSupervises

design.

Manager.

Team.

Kosrae,Walung.

During project
design.

Project
Manager.

CIU Safeguard
Team.

Rumung, Yap
Proper.

During project
design.

Project
Manager.

CIU Safeguard
Team.

Chuuk, Pohnpei

During project

Project

CIU

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.

Loss of land or access to land or structures
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Prioritize use of existing government

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Digital FSMEnvironmental and Social Management Plan
Parameters

Cultural Heritage

Significant Potential Impacts

Mitigation Measuresdue to installation of proposed satellite
infrastructure in outer atolls.

buildings with power supplies.

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.

Timing/Duration

Who
Implements

WhoSupervises

design.

Manager.

SafeguardTeam.

Nationwide.

Site Selection.

CIU Safeguard
Team.

Project
Manager.

Implement the Stakeholder Engagement
Plan (SEP).

Nationwide.

Throughout
project
implementation.

CIU Safeguard
Team.

DoTCI& ProjectManager.

Potential (although minor) erosion andsediment movement from sites during
micro-trenchingand pole installation during
rainfall events.

Implement erosion drainage andsediment control measures included in
the ESMP and relevant annexures.

Nationwide.

DuringConstruction.

Contractor
CIU.

/

Project
Manager and
CIU Safeguard
team.

Impacts to water quality from sediment
movement.

Implement
annexures.

ESMP

and

relevant

Nationwide.

DuringConstruction.

Contractor
CIU.

/

Project
Manager and
CIU Safeguard
Team.

Impacts from noise during construction and

Implement

ESMP

and

relevant

Nationwide.

DuringContractor/

Project

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

Location

Misconceptions regarding the projectraising community concerns.

COMPONENT 1 - CONSTRUCTION PHASE
Physical and Ecological Environment
Pollution Prevention

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Digital FSMEnvironmental and Social Management Plan
micro-trenching activities.

annexures.

Construction.

CIU.

Manager and
CIU Safeguard
Team.

Nationwide.

DuringConstruction.

Contractor
CIU.

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 otheractivities for Component One. The impacts
are likely to be minor in nature and very
localized.

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

/

Project
Manager and
CIU Safeguard
Team.

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)

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.

Communities in outer atolls will be
particularly at risk given their remotenature, traditional communities and workers
arriving by ship for up to two
weeksdepending on the schedule while
waiting for the return of the vessel, after
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Foreign workers are required to submit all
required medical and police clearance
certification as part of the visa application
process. No person shall be exempt fromthis requirement.

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Digital FSMEnvironmental and Social Management Plan
potentially lengthy periods at sea movingfrom one outer atoll to the next.
Land and Assets

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.

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.

Traffic

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

Nationwide(main islands).

Duration ofworks.

Contractor.

Project
Manager.

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Digital FSMEnvironmental and Social Management PlanCIU.

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.

Equal Access

Undertake activitiesincluding:a.

Parental awareness raisingprogram;b.

Cyber-bullying and social media
awareness raising;c.

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

Ongoing.

TRA and OAE.

Project
Manager and
CIU Safeguard
Team.

Nationwide.

During project
design.

TRA and OAE.

Project
Manager and
CIU Safeguard
Team.

.

Potential for social impact/s in
small
relatively
isolatedcommunities arising from accessto internet, including illegal
content, scams, and gamblingetc.

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 can access internet services
needs to be developed, such as throughsubsidies or widespread free accesspoints.
The Telecommunication Regulatory
Authority (TRA) needs to structure a
pricing model that balances sustainability
and equity considerations, as part ofDigital FSM ESMP 12 Nov RM PF NO TRACK

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Digital FSMEnvironmental and Social Management Plan
Component 3.
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).

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

Nationwide.

Ongoing.

Project
Manager.

CIU Safeguard
Team.

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

Digital Government

The Digital Government Strategic
Framework, portal and eServices aredeveloped without appropriate community
consultation, including women.

Ensure that the Stakeholder Engagement
Plan is followed during the developmentof the Framework, and that community
feedback is factored into the strategy.

Nationwide.

Ongoing.

Project
Manager.

CIU Safeguard
Team.

Gender

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. Further
exploration of this is provided in the Gender
Analysis.

Engage gender consultant to undertakean analysis of opportunities andrecommendations for gender and genderbased violence considerations under the
project.

Nationwide.

Ongoing.

Project
Manager.

CIU Safeguard
Team.

Table 1 Anticipated Environmental and Social Impacts by Component and Stage of Project
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Digital FSMEnvironmental and Social Management Plan

7 ENVIRONMENTAL AND SOCIAL IMPACT MITIGATION STRATEGIES
166. This section of the ESMP identifies the key environmental and social indicators identified for the Digital FSM project andoutlines respective management objectives, potential impacts, control activities and the environmental and social performance
criteria against which these indicators will be evaluated (e.g. audited).
167. 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
168. During infrastructure design, the CIU Safeguards Team should undertake a site visit and conduct consultationsto 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,
this should be undertaken as early in the process as possible. Several rounds of consultation may be required in order to fully
inform design.
169. It is critical that this ESMP be provided to potential contractors as part of tendering so as they can include adequate response
to environmental 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
170. Under Component One, it is currently proposed that all infrastructure related to the broader network will be located with theroad easements and towers will be located within government land or on government buildings such as dispensaries orschools. Where government owned or leased land is not available, and moreover, where customary or private land needs to be
used for the 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 aspart of the Digital FSM Project.
171. Given the nature of land use agreements, it will be necessary to commence the process of negotiations early to ensure that
this does delay the projects. It is not unusual for these agreements to take more than twelve months to be agreed to and assuch, these should be started as a priority to ensure the project is not delayed.
172. For fiber to the home (FTTH) a process for households and businesses to request connections isneeded for installation offibreonto private land. There are legal provisions and easements in place currently that allow utilities access to private land forthe purposes of public service provision in Chuuk and Kosrae, but it is to be confirmed whether fiber, installed by FSMTCC,
can take advantage of these legal provisions.

7.3. IMPACTS TO LAND ARE FURTHER DISCUSSED IN SECTION 9. SEDIMENT AND SOIL EROSIONCONTROL173. 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.
174. Activities that have the potential to cause erosion should be undertaken with the likely weather conditions in mind.
7.3.1. Performance Criteria
175. 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;

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Digital FSMEnvironmental and Social Management Planc.

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

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).

176. 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
177. The Contractors will be required to:a.

Conduct site inspections on a weekly basis or after rainfall events exceeding 20mm 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
178. 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.

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Digital FSMEnvironmental 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 soilmaterialandsedimentation to thesurfaceand/orgroundwater 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
sediment loads.

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 andactivate management procedures and obtain advice/permits/approval (as required).

Construction phase

All
Contractor
Personnel

Daily
and
records

maintainE2.2: 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
records

maintainE2.3: 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:
Contamination.

Soil

E3. Poor maintenanceandof
ErosionSediment Controls

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Maintain records

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7.4. UNEXPLODED ORDINANCE (UXO)
7.4.1. Background179. 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.
180. Due to the materials used at the time of manufacture and the passage of time, most UXO is now corroding and in an unstablestate.
181. UXO is extremely dangerous and should be treated as such.
7.4.2. Performance Criteria
182. 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
183. 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.
184. An excavation observer should be present throughout earthworks operations to watch for UXO as well as provide generalsafety support to machinery operators.
185. Management needs to comply with Table 3.
7.4.4. Reporting
186. Any UXO finds are to be reported to the FSMTCC -OAE and Police immediately.

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Table 3Unexploded 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 that could result inunearthing UXO. If risk considered high, then ensure a survey is done byqualified professionals.

Pre and during
construction

All
Contractor
Personnel

Daily and maintainrecords

UXO1.2: Ensure workers are aware of potential for UXO and of procedures todeal 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

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7.5. AIR QUALITY
7.5.1. Background187. 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.
188. The project areas are predominantly urban, village and/or rural in character. Existing air quality reflects those environments,
with dust being the main air quality nuisance albeit in the major centers, there will be limited fugitive emissions from vehicles.
189. 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
190. 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 and operation
activities; andc.

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

7.5.3. Monitoring
191. 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
192. 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.

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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
events e.g. rainfall events (check forecasts).

During construction

Contractor

As required and maintainrecords

A1.5: Implement scheduling/staging of proposed works to ensure no impacts
from micro-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 andoperated 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 forenvironmental 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.
Increaseinvehicle / machinery
emissions.

A3: Odor.

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As required and maintainrecords

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7.6. NOISE AND VIBRATION
7.6.1. Background193. Some construction and operation activities have the potential to cause noise nuisance. Blasting is not required to beundertaken as part of this project.
194. 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.
195. The use of micro trenching equipment could have an adverse effect on the environment and residents if not appropriately
managed.
196. 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.
197. Potential noise sources during construction may include:a.

Micro-trenching equipment;b.

Power tools and compressors; andc.

Delivery vehicles;

7.6.2. Performance Criteria
198. 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.

199. 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
200. All noise observationsand 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 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 outsideof 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. Background201. Water is a valuable resource, particularly in FSM where surface water is often limited in the smaller islands and outeratolls.Concentrated flows from works can result in the movement of sediments and other contaminants. Notwithstanding, likely
to be very limited, construction activities have the potential to divert or contaminate surface water.
7.7.2. Performance Criteria
202. 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. Monitoring203. 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.
204. Table 6 outlines the monitoring required.
7.7.4. Reporting
205. 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 6Water Quality Management Measures
Issue

Control activity (and source)

Action timing

Responsibility

Monitoring & reporting

W1:
Elevatedsuspended solids andother contaminants insurfacewatersystems.

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 islikely 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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Maintain records

Maintain daily records

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7.8. TERRESTRIAL AND AQUATIC FLORA AND FAUNA
7.8.1. Background206. 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 Criteria
207. 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
208. A monitoring program to observe the mitigation measures will be implemented (Table 7).
209. 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
210. All flora and fauna observationresults 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 throughadequate protection and management of retained vegetation.

During construction

Contractor

Daily andrecords

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

During construction

Contractor

Daily andrecords

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 andrecords

maintain

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

During construction

Contractor

Daily andmaintainrecords, 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 andmaintainrecords, 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 andrecords

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. Background211. 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.
212. None the less, construction activities can have a negative impact on communities if not managed appropriately.
7.9.2. Performance Criteria
213. 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 without disadvantage(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 management of
the influx of workers; andh.

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

214. 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.

215. 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.
216. 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 implementationof program activities.
7.9.3. Reporting
217. Records of all consultations are to be kept and reported on monthly basis.
218. 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 occupierconsent for change of land
useincluding 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. Background219. FSM has complex arrangements with respect to land ownership and customary tenure.
220. 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.
221. Fiber ToThe 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 andother minor constructions.
222. 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 donated formally (through easements) or informally for the project and can also be leased or purchased. In
some cases, land may need to be granted under easement arrangements from traditional owners where existing government
land is not an option.
7.10.2. Performance Criteria
223. 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 formally or informally to the project has been done through a land use agreement signedby 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.

224. Consultation with stakeholders will be undertaken throughout the life of the project as described in the SEP
225. 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 implementationof activities.
7.10.3. Reporting
226. Records of all consultations are to be kept and reported on monthly basis.
227. 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 cableas 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
significant areas, trees, crops, fences, etc.) from the householder’s perspective

Pre-construction

DoTCI, FSMTCC(OAE), Dep. ofLand

Maintain records

LO2: Consent for
Fiber to the Home

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that need to be avoided
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. Background228. 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 andinstallation of physical infrastructure.
229. For Fiber To The Home (FTTH) there is the potential for graves to be disturbed if new poles are required.
230. 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
231. The following performance criteria are set for the project:a.

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

Cultural heritage is not adversely impacted;and232. Chance find procedures are operationalized. Consultation with stakeholders will continue. This will help ensure thatstakeholders 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
233. Records of all consultations are to be kept and reported on monthly basis.
234. 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 10Cultural 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. Background235. 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 andspace and can be of particular value to women to access information of importance to their productive, reproductive andcommunity activities and to obtain additional resources and skills.
236. 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 leadto increased gender inequalities in economic opportunities and further diminish women's voice and influence in society.
237. A mapping of service providers should be undertaken with respect to Gender Based Violence. Further activities in this area areto be identified by the gender specialist engaged on the Project.
7.12.2. Performance Criteria
238. The following performance criteria are set for the project:c.

Manage the labor workforce to avoid behavior that could lead to gender based violence or involvement in illegal behavior;d.

Awareness raising on the risks and issues associated with the internet is provided in collaboration with women’s groups.

239. 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
240. Records of all consultations/reports/incidents are to be kept and reported on monthly basis.
241. The FSM Department of Justice (DoJ) and FSMTCC (OAE) must be notified in the event of any individual or community report.

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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 behaviour; sharecontent 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
and workers have signed the appropriate Code of Conduct as per Annexure ten.
This is to avoid creating demand for illegal sex work, avoid gender-based violenceand violence against children, manage alcohol consumption and avoid the use ofillegal 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 andthe expected behaviors 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 a list of approved service providers, which shall include recognizedNGOs and others for conducting this training.

Construction

Contractor

Maintain records

GE1: Gender Equality.

E2: Gender based
violence.

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Issue

Control activity (and source)

Action timing

Responsibility

Monitoring & reporting

E2: Gender based
violence.

GE2.6 Engage a gender consultant to undertake an analysis of opportunities andrecommendations for gender and gender-based violence considerations under
the project. Unequal access to ICT could lead to increased gender inequalities in
economic opportunities and further diminish women's voice and influence insociety.

Implementation

DoTCI / CIU

Maintain records

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7.13. WASTE MANAGEMENT
7.13.1. Background242. 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.

243. 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.

244. 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,
the projects should minimize the impact of waste generated by the project.
7.13.2. Performance Criteria
245. 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
246. 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
247. The DoTCI and FSMTCC (OAE) as implementing agenciesmust be notified immediately in the event of any suspected
instances of 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 tothe activities 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 possiblea 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
shall be 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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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
and approvals 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
248. 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.
249. 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
250. 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 the environment;
andf.

Minimize environmental harm due to unforeseen incidents.

7.14.2. Monitoring
251. 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 thisESMP.
7.14.3. Reporting
252. The DoTCI and FSMTCC (OAE) staff must be notified immediately in the event of any emergency, including fire or healthrelated 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 establishedprior 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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8 LABOR MANAGEMENT PROCEDURES
253. 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 the resources 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.
254. 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 Project
255. 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 thisproject.
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 fourstates.

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 yearsof age.

Subcomponent 1.2.
Bridging
theconnectivity gap forouter islands.
4G LTE base stations
andsatellite
connectivity for outer

Approx. 4-5 direct orcontracted workers.

Nationalandinternational
contractors
areexpected to undertake
the
lead
on
construction works.
Local labour will be

Construction Phase

Privatesectoroperators (through a
PPP structure) will
undertakephysicalworks and ongoing
maintenance.
Number of contracted

Digital FSM Environmental and Social Management Plan
usedwhereverworkers is unknown at
possible for labor inthis stage.
each location and willbetrainedinmaintenance.

atolls in Yap, Chuukand 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
256. 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; and acceptable working conditions. Based on current conditions it is assessed that the risk of child or forced laboris negligible.
257. 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 thefour states.

OHS, including

Underground cables where feasible.
Overgroundcablesunderground is not feasible.

where

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

a.

Operating machinery;b.

Working in enclosed spaces(trenches);c.

Working at heights’d.

Traffic
management
hazards; ande.

Electrical hazards;

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.
Boat travel within each state.

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 eachstate.

OHS, including:a.

Transport by sea vessels(ship and boats); andb.

Working at heights.

OHS, including:a.

Air travel to each state;b.

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

8.2. OVERVIEW OF THE LABOR LEGISLATION: TERMS AND CONDITIONS
258. 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 requirements 2. 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
259. There is minimal legislation related to Occupational Health and Safety (OHS). The Public Employment Code (2014) requiresthat workers exposed to hazardous working conditions are paid 25% more 3. The project is not likely to expose workers tohazardous working conditions.
260. 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
261. This section identifies the functions and/or individuals within the project responsible for oversight mechanisms.

2http://www.paclii.org/cgi-bin/sinodisp/fm/legis/consol_act/l43/l43.html?stem=&synonyms=&query=minimum%20wage#disp2

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262. 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 ofimplementation of the project, including compliance and contractor induction.
263. 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.
264. 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.
265. 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.
266. Training of Workers. Contractors are required to, at all times, have a qualified safety officer on board. If training is required,this will be the contractor’s responsibility. The safety officer will provide instructions to contractor staff. CIU will procure fortraining to address risks associated with labor influx and will provide a schedule for trainings required. The contractor will beobligated to make staff available for this training, as well as any additional mandatory trainings required by CIU, as specified by
the contract.
267. Addressing Worker Grievances. The Contractors will be required to implement a Grievance Redress Mechanism (GRM) for
Project staff. Contractors will be required to present a worker grievance redress mechanism which responds to the minimum
requirements in this LMP. The DoFACIU’s Safeguard Team will review records on a monthly basis. FSMTCC (OAE) will keep
abreast of GRM 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
268. 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.

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269. 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.

270. 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;a.

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

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

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

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

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;f.

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

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

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

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

271. 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
272. 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 bethat the workers will be in isolated locations with communities, including individual houses and remote atolls. As such, thefocus will be on risks associated with worker behaviour and preventing gender-based violence.
273. 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 genderbased violence, sexual exploitation and sexual harassment (e.g. termination). The Code of Conductwill be required to besigned by each 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.

274. 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
275. 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 violence or
criminal activity.

276. 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(or equivalent) who shall identify and engage the relevant stakeholders on GBV and HIV/Aids issues.

8.5. POLICIES AND PROCEDURES
277. 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 shallexpected from 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.
278. 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
the bidding documents and contracts.
279. Under no circumstances will contractors, suppliers or sub-contractors engage forced labor.

8.6. AGE OF EMPLOYMENT
280. FSM does not have a legal minimum working age. For the Digital FSM Project, the minimum age will be 18 years.
281. 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
experience in order to work in FSM. As such, the minimum age for foreign workers shall be 18 years.
282. For local workers, the minimum age will also be 18 years of age.
283. Workers will be required to provide proof of their identify and age before commencing any works on site.
284. 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
285. All terms and conditions as outlined in the World Bank Environmental and Social Framework (ESF)ESS2, paragraphs 10 to 15
apply to contracted workers.
286. In line with national law, the maximum working hours per week will be 40 hours (8 hours per day, 5 days per week).
287. Employment opportunities will be available to all.

8.8. GRIEVANCE MECHANISM
288. A formal Grievance Redress Mechanism (GRM) will for project workers is as per the process outlined below. This takesinto
account culturally 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.
289. In addition, the Digital FSMProject GRM 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.

8.8.1. Communications

Digital FSM Environmental and Social Management Plan

All project workers will be informed of the Grievance Mechanism process as part of their contract and induction package.
8.8.2. Process
290. 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 ProjectManager. 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.

291. 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 month292. 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.
293. 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 month294. 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.
295. 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
296. 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.
297. 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 inductionof 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 isinvolved, 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.

298. 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
299. Local workers will be engaged where possible on the project, particularly for labor and construction work.
300. Local workers can also access the worker GRM.

8.11. PRIMARY SUPPLY WORKERS
301. 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. LAND RELATED IMPACTS

303. Land access is required to install Project infrastructure. While the FSM Government has the legal ability to exercise eminent
domain to take land for public purposes, in practice this is never implemented. As such, involuntary land acquisition is excluded
from Project activities. The project’s land access needs are flexible and can fully accommodate a range of locations to avoid
involuntary land access. All land acquisition under the Project will be voluntary and therefore ESS5 is not applicable to theProject. The impacts to land will be managed in accordance with ESS1taking into account the objectives of ESS5.
304. 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 mirco 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.
305. Agreements will be freely negotiated with land owners, which could be individuals or multiple owners. Impacts and restriction
will be fully explained and land owners will be made aware of how impacts will be assessed, avoided and mitigated. In thecase of multiple land ownership, all land owners will need to agree that land can be accessed.
306. 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.
307. The anticipated impacts to land are described in Table 14.
308. These impacts are presented in Table 14.
Activity

Land Related Impacts

Component 1: National Digital
Connectivity Infrastructure

Pre-construction/planning
activities

Construction impacts

Operational impacts

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.

No additional impacts;
restriction already inplace.

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 inplace.

Minor. Temporary access
restriction during installationof poles. Voluntary land
access process to be
implemented for private land

Minor impacts due tosmall land take andpotential restriction on
land;

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.

Maintenance accessrequired, will be
included in Land
Access process.

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

Sub-Component 1.1

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

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

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

Maintenance accessrequired, will be
included in FTTH

Activity

Land Related Impacts

Component 1: National Digital
Connectivity Infrastructure

Pre-construction/planning
activities

Digital FSM Environmental and Social Management Plan
Construction impacts

request.
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.

request.
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, thiscan include compensation but
preference will be for the
Project to make good anynecessary impacts.

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.

Operational impacts

Access to the sites
would be required formaintenance.
Landowners
would
have
some
restrictions on landuse – such as
growing trees – inproximity to the tower
locations.

Minor. Temporary access
restriction during construction
works.

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

Where permission is notgranted, wireless (5G orwide area Wi-Fi) could beconsideredasanalternative.
Sub-Component 1.2
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

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
309. 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 inplace due to existing power connections;
310. 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

Digital FSM Environmental and Social Management Plan
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;311. Towers may also be required on outer atolls, where a satellite dish attached to the side of an existing building is not adequate
to provide coverage to all areas (e.g. access to other islands within the atoll structure). In this case, existing governmentleased land would also be prioritized, and as a last option, voluntary land acquisition procedures would be followed; and312. 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 wifi will be available if access to land is
not approved by the owner/s;

9.2. APPLICABILITY OF ESS5
313. Table 15 assessed the scope of ESS5 Project against Project activities. Table 15.
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 resourcesthat cause a community or groups within a community tolose access to resource usage where they have traditionalor 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
land prior 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
the project, but which were undertaken or initiated in
anticipation of, or in preparation for, the projectNone- no restrictions implemented in preparation of Project
activities.

Table 15Project Activities and applicability of ESS5
314. 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.

9.3. PROJECT DESIGN AND MITIGATION HIERARCHY

Digital FSM Environmental and Social Management Plan

315. There is flexibility in the project design, including options of overhead cables instead of underground cables, or wirelessconnection from the node. Where specific impacts are identified, these options to avoid the impact should be considered in thefirst instance.
316. 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 involved in negotiating land permissions in this context. If land negotiations are possible, they will be conducted in linewith the land Access process.
317. 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 toreduce the complexity of seeking approvals for Digital FSM infrastructure.

9.4. GAP ANALYSIS OF FSM LEGISLATION AND ESF
318. The legislation relating to land is outlined in Section Five of the ESMP. The gaps in legislation as compared to therequirements under ESS5 are as outlined in Table 16.
Bank ESS Requirement

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

Not equivalent, no relocation will

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
or excessive force.
7. Transition Support. Provide support asnecessary based on estimate of time required to

Not equivalent.
ESS5 requirements would be
followed.

Not equivalent.
ESS5 requirements would be
followed.

restore income-earning capacity.
8. Livelihoods. Include provision of timely
assistance to restore livelihoods, particularly forvulnerable groups. Provide assistance in lieu ofland compensation sufficient to re-establish
livelihoods elsewhere.

9. Gender. Include provisions to protect andsupport women, including documentation, training,access to credit and jobs.
10. Community engagement and grievance
redress. Engage with affected communities,
including host communities. Provide options fromwhich affected persons may choose, andthroughout the whole process from to relocationand livelihood restoration. Ensure that a project
grievance mechanism is in place.
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
required to relocate (90 days). take 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.
FSM legislation requires
negotiations with affected landowners, on values of land,
and resettlement assistance.

Partial equivalence. No livelihood
impacts are predicted.
Not relevant for this project.

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

The same principle is impliedin the FSM EPA and EIA
Regulation 1994.

Equivalent.

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

Partial equivalence.
Not relevant for this project asthere will be no compulsory land
access. Where negotiated leasearrangements are necessary they
will be undertake in accordancewith ESS5

Table 16 Comparison of FSM Legislation and ESS5 Requirements

9.5. INVOLUNTARY RESETTLEMENT
319. There is no resettlement (voluntary or involuntary) needed as part of the Digital FSM 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.
320. 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 orsimilar) will be considered as an alternative mechanism to provide internet services to all households.

9.6. VOLUNTARY LAND ACQUISITION
321. Access arrangements will be voluntarily negotiated with land owners where government land is not available. Specific process
will as follows:a.

Government land is to be prioritized for all land use where possible.

b.

If no government land is available or appropriate, land access agreement will be prepared for eachsingle/specific land owner on each site. This will be between borrower and land owners and will describe andaddress any minor impacts associated with use of the site such as clearance of vegetation or existing debris.
Sites which cause impacts to livelihood are prohibited.

c.

Land access agreement activities will be fully implemented by the Project prior to commencement of works,

9.6.1. Temporary Storage Sites during Construction

Digital FSM Environmental and Social Management Plan

322. 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.

9.7. EASEMENTS FOR UTILITIES
323. 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).
324. 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.
325. Easements involve the FSM Government securing the right to use the land under agreed conditions for the placement ofutilities such as underground or above ground cables. They do not involve change of land ownership.

9.8. STEPS FOR LAND ACQUISITION
326. The project will prioritize site selection based on sites with existing government leases for project related infrastructure.
Potential sites where land may be needed for placement of towers or associated infrastructure have not yet been identified,aside from those where government-leased land is available.
327. In instances where suitable alternative sites are not available, voluntary acquisition of small parcels for sites on private land
may be needed for telecommunication towers, satellite poles and associated energy supply (such as solar panels). In thiscase, a Land Access agreement would be voluntarily negotiated (as per the template in Annexure Four).
328. Any new sites identified for the project would need to be selected based on technological suitability, geographic suitability oflocation (eggiven requirements for line of sight to another tower), stakeholder engagement and identification of any
environmental or social impacts. Sites requiring relocation of housing or impacts to livelihood are prohibited for use under the
Project.
329. The Governments of each State in FSM have a process for voluntary land acquisition of private land that would be followed
along with compliance with ESS5.
330. The process to enter into a LUA would be as follows: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 or related infrastructure;a.

Consult the community on their preferences for site selection and confirm that the proposed site doesn’t have cultural
heritage significance or fixed physical assets (which may belong to a party other than the landowner);b.

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

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

Clearly inform the landowners that the agreement to allow land access is completely voluntary;e.

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

Negotiation management of 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;g.

If agreement is reached, the land access agreement LUA is entered into by the landowners and the community leaders;331. It is important that absentee landowners are engaged, and that a suitable witness (non-clan member) signs the agreement.
332. 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.

9.9. IMPACTS TO ASSETS (FIBER TO THE HOME)

Digital FSM Environmental and Social Management Plan

333. 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.
334. 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
impactstrees/crops, gardens, fixed assets etc.
335. In addition, contractors would also need to identify any impacts relating to any land users (who may differ from thelandowners).
336. 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.

9.10. TEMPORARY ACCESS RESTRICTIONS
337. During the construction period, there may be some temporary access restrictions and traffic management required to ensure
public and worker safety.
338. 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
in case of inquiries. Communities will also be informed of approximate dates and locations of expected works as part of theconsultation process.
339. The impact of temporary access restrictions is considered minor and manageable.

9.11. GRIEVANCE REDRESS MECHANISM
340. A formal Grievance Redress Mechanism (GRM) has been developed for this project as a part of the ESMP. The GRM takes
into account culturally appropriate ways of handling the concerns of affected parties and describes the way that thesecommunity members will be made aware of this mechanism. Processes for documenting complaints and concerns have been
specified, including time commitments to resolve issues.
341. The GRM 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.

9.12. MONITORING ARRANGEMENTS
342. 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
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.

10 CONSULTATION

Digital FSM Environmental and Social Management Plan

10.1. STAKEHOLDER ENGAGEMENT DURING PROJECT PREPARATION
343. 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
344. A Stakeholder Engagement Plan (SEP) has been prepared. The SEP will be implemented, updated and refined throughout the
lifecycle of the Project.
345. 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
346. From the consultations undertaken, the key issues include: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 RumungIsland, and the Walung community in Kosrae. Microwave towers require line of sight andhas an infrastructure footprint on both sides. In all cases existing government-leased land will be prioritized, but in somelocations, there may also be negotiations, Land Use Agreements, requests for services or permissions put in place.

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 awareness of
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 (Chuuk state) would
also be beneficial, and given the cultural and historical context, what is acceptable in terms of access of minors to workers
would also be important to engage with stakeholders on to reduce the incidence of guardians who are selling minors forsex with workers.

c.

Competition in the Telecommunications Sector – across all four states of FSM during consultations, concern was
raised with FSM Telecom 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 theconcerns, and to understand the role of the TRA and FSMTCC (OAE) in addressing any issues and communicating tocommunities 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 also. 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, and stakeholders
are aware of the changes and implications of the law.

11 GRIEVANCE MECHANISM

Digital FSM Environmental and Social Management Plan

11.1. INTRODUCTION
347. During the planning, construction and implementation phases of theDigital 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 socialand cultural issues. Grievances may also be related to environmental issues such as excessive dust or noise generation,
damages to infrastructure due to construction related vibrations or transportation of raw material, noise, traffic congestions,changes to access etc.
348. Should such a situation arise, a grievance redress mechanism has been included in the ESMP for the Digital FSM.

11.2. FSM JUDICIARY LEVEL GRIEVANCES
349. 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. Introduction350. The Digital FSMProject allows those that have a compliant or that feel aggrieved by the Digital FSMProject 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 FSMProject 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.
351. 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 havebeen 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 toaddress it; andf.

Enable continuous learning and improvements to the GM. Through continued assessment, the learnings may reduce
potential complaints and grievances.

352. 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
353. Local communities and other interested stakeholders may raise a grievance/complaint at all timesthrough the FSM Supreme
Court and/or the Ombudsman. Affected local communities should be informed about the ESMP provisions, including its
grievance mechanism and how to make a complaint.
11.3.2. Grievance Mechanism
354. 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.
355. 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).
356. 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 orContractor; All correspondence will be
forwarded to the CIU Safeguards Team for logging into the GM database. The Safeguards Team will keep all records ofcorrespondence, 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 beescalated 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 DoTCIor 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.

357. 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.
358. 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 ProjectManager will be responsible for undertaking a regular (at least monthly) review of all grievances to analyze and respond to any
common issues arising..
359. Any grievance related to corruption or any unethical practice should be referred immediately to the Ombudsman of the FSM
Supreme Court.

11.3.3. Complaints Register

Digital FSM Environmental and Social Management Plan

360. 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 WorldBank for commentary and/or advice along with the Ombudsman.
361. Wherever possible, the project team will seek to resolve the complaint as soon as possible, and thus avoid escalation ofissues. However, where a complaint cannot be readily resolved, then it must be escalated.
362. 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 theDoTCI and the FSMTCC (OAE).
11.3.4. World Bank Complaints Framework
363. 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.
364. 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 tosupplement 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 theproject level grievance redress mechanism). When a valid Grievance Redress Service request is submitted, World Bank focal
points at country, regional and headquarters levels will work with concerned stakeholders and Implementing Partners toaddress 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-compliancewith its policies and procedures. Information can be found athttp://www.worldbank.org/en/projects-operations/products-andservices/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

365. Chapter 5 of this ESMP describes the broader legal and policy framework relating to Digital FSM.Operational relationships are
set out as follows.
366. 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 ofany tender documentation especially Component One and will be provided to the contractor as part of the bid process forinclusion in their tender package.
367. Under Component 1 the FSMTCC (OAE) will engage Roll Out Manager who will supervise the contractor. The contractor for
Component One will employee anEnvironmental, Occupational Health and Safety (EHS) Officer to manage all matters related
to the ESMP. The contractor’s EHSofficer will coordinate and been overseen by FSMTCC (OAE) with reference to the
DoFACIU Safeguards team who willdevelop the safeguard monitoring requirements and will oversee the collection,
management and reporting of the daily information.The CIU Safeguards team will periodically undertake site visits to monitor
the on the ground activities.
368. The DoFA CIU and/or FSMTCC (OAE) may retain an independent safeguard officer to independently review the scope ofworks (weekly or biweekly basis) and would then report to DoFA CIU and/or FSMTCC (OAE). Any appointment will be decided
on a state by state basis.
369. 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.
370. The contractor’s EHSofficer 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.
371. 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.
372. DoFAthrough 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.
373. 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.
374. The ESMP and SEP will be implementedfor 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.
375. CIU will be responsible for the revision or updates of the ESMP during the course ofthe Digital FSM Project, in consultation
with the relevant Implementing Agency(ies).
376.
377.
378. 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.
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 and near 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

379. The World Bank has requirements for information disclosure under ESS10, as outlined below inFigure 4.

Figure 4 ESS10 Information Disclosure Requirements
380. 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.

381. 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

383. The contractor for Component One will provide the necessary information as per Chapter 7 to DoTCI and FSMTCC (OAE) as
required by this ESMP.
384. The DoFA CIU safeguardsteam 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

385. 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.
386. TheDoFA 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.
387. 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

388. 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.
389. Areas recommended forDoTCI 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.

Roles and responsibilities of different key agencies in safeguards implementation; andc.

How to effectively integrate the ESMP and SEP into Digital FSM management and implementation.

390. Training in the above areas is recommended to be held within three months of Digital FSM initiation.
391. 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.
392. 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.
393. All Digital FSM personnel will attend an induction that covers health, safety, environment and cultural requirements.
394. 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

395. 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

396. 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
were also an opportunity to identify any major risks that could be anticipated.
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 anddisabilities.
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,
the stakeholders 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 by price,
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 to work,
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 constructiond.

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 in somelocations, including fiber networks (e.g. Weno island in Chuuk), and towers in various locations, including some outeratolls. 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 some sampling in2013). As the next census is scheduled for 2020, this could be an up to date basis for determining which atolls 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 complex due toDigital FSM Environmental and Social Management Plansignificant fluctuations between school holiday periods, weekends/weekdays due to regular intra and inter-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 outer island
communities with little to no formal economy or ability to pay for services would need to be factored into the modeling for
the FSMTCC (OAE), to ensure that the infrastructure provided remains viable over the long term and that it is able tobenefit 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 to families, friends andsocial networks. Increased access to communication for emergency response (including boats at sea) 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 isthe only option. There is a risk that vulnerable groups – low income households (typically female headed, and those withmore children), people living with disabilities, the unemployed or those living in remote locations (including the outer atolls)
will possibly be unable to access and/or afford internet services. A funding mechanism for service provision to vulnerable
communities could be considered (e.g. regulations on pricing, a fund that can support low income households withconnection 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 and contractors 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 was some 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 the centralization of datathat 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 are someplanned 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 and satellite
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 resistanceto digging, 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 grantfunding; 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.

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Digital FSM Environmental and Social Management Plan
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.

c.

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 (seeUdot 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 torelocate 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 from landowners
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 (nearthe airport), the WIMAX tower would also need to be sited with suitable land identified and negotiated.

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.

Pohnpeia.

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 Health for eHealthrecords.

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.

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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:
The project was requested to addressCommunity Awareness Raising, including:a.

Parental 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);b.

Cyber-bullying awareness raising campaign (schools and parents);c.

Broad community awareness raising on scams, fraud, viruses, hacking and identify theft;d.

National reporting line for online scams, fraud, etc.; ande.

Regional Cyber-Crime Cooperation, including human trafficking.

Maintenance capacity building in remote locations, including outer islands, also needs to be considereda.

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.

b.

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.

c.

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.

d.

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 (work withpublic health).

e.

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)

Digital 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)

State

Information

Other Consultations

Dissemination

andConsultation

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

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Annexure TwoDescription 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. 4 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 tosubsistence 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 areabout 600 m above sea level. Adjacent to the steep mountains and extending in some areas to the shoreline are nearly level togently 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 theremainder mangroves 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 leveland nearly level, moderately deep and very deep, and are somewhat excessively drained and very poorly drained. They formed inalluvium 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
mountains of 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 andthe 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.

4 Laird, W. E., (1980) Soil Survey of Islands of Truk, Federated States of Micronesia. US Department of Agriculture, Soil Conservation Service.

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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. 5
Yap
The Yap Islands comprise an island arc system on the eastern convergent margin of Philippine Plate. They are composed ofcontinental crust and consist of two distinct sequences: ancient weathered volcanic rock and weathered metamorphic schists,
accompanied by coral 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 a role 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
schist and amphibolite that are very hard to soft, but in a few areas, they are underlain by weathered volcanic breccia. Soil scientists
have determined 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, welldrained or 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
the large tsunami run-ups of 1837, 1849 and 1899, which caused death and destruction in the Caroline Islands. Pohnpei island has
not been 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 levelsof 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 thesecond lowest zone

5 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.

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Figure 5 Epicenters of earthquakes in the west Pacific Islands region 6

Unexploded Ordinances
FSM has a slight issue with unexploded ordinances (UXO) dating back to the Japanese occupation of the islands during World War
II. 7

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 the monthly 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 Chuukand Yap 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 theequator (Figure 6). The wet season occurs when the Intertropical Convergence Zone strengthens and moves north close to theFederated States of Micronesia. The West Pacific Monsoon also impacts rainfall, bringing additional rain during the wet season. The
Monsoon is driven by large differences in temperature between the land and the ocean, and its seasonal arrival usually brings aswitch 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 patternthat 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 easternstates of Pohnpei and Kosrae. It tends to be farther east during El Niño, bringing higher rainfall, and in a more western position

6 Rong, Park, Duggan, Hahdyiar and Bauzzurro (2012) Probabilistic Seismic Hazard Assessment for Pacific Island Countries. 15 WCEE Lisboa

2012.

7 Landmine Monitor Report 1999: Toward a Mine-free World by International Campaign to Ban Landmines

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during La Niña, resulting in less rainfall. The Intertropical Convergence Zone results in less rainfall during El Niño events and moreduring La Niña

Figure 6 Monthly air temperatures for Pohnpei and Yap 8

Air Quality
Outdoor air pollution is a mix of chemicals, particulate matter, and biological materials that react with each other to form tinyhazardous 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 ensurethat any air emissions from vehicles, stationary sources or fires is quickly mixed with clean air and no pockets of lower air quality arelikely to exist.
Pohnpei EPA Air Pollution Control Standards and Regulations S.L. No. 2L-12-80 have set air quality standards, which are thedesirable 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 groundtransportation, 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 Project 9 gives an indication of the typical ambient noise forurban areas in FSM (Table 17). It is expected that the noise is urban areas would be lower than that observed at the port during themonitoring.

8 Australian Bureau of Meteorology

9 ADB (2013) FSM Pohnpei Port Development Project, Initial Environmental Examination. Project No. TA 8143-FSM

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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
with each 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 introduced 10. Endemic species include two (2) monarchs (TrukMetabolusrugensis and Yap Monarchagodeffroyi), 2
flycatchers (Pohnpei Myiagrapluto and Oceanic Myiagraoceanica), Pohnpei fantail (Rhipidurakubaryi), Pohnpei flycatcher(Myiagrapluto), long-billed white- eye (Rukialongirostra),Pohnpei lorry (Trichoglossusrubiginosus), Caroline Islands Ground-Dove(Gallicolumbakubaryi), Mariana Fruit-Dove (Ptilinopusroseicapilla), and the Critically Endangered Pohnpei mountain starling(Aplonispelzeni). 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. 11 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,
and the 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 (Passermontanus). 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.

10 http://avibase.bsc-eoc.org

11 FSM Department of Resources and Development Division of Resource and Development, Agriculture Program and Marine Program. Ridge toReef Project Document R2R5517

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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
mountain slopes but slow down when they reach the lowlands. They empty into the mangrove swamps and reefs around the island.
Some of the most 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 mountainslopes. As they reach lowlands, where terrain is less steep, the rivers slow down and flow in wider valleys. They empty into themangrove swamps 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
not good enough to be used as drinking water without treatment, many people rely on catching rainwater into tanks and using it as
primary source 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 GagilTamil are perennial but streams on Yap Island are dry an average of 3 months per year due to geologic differences. Analyses ofwater 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 of suitable 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.

ChuukDigital FSM Environmental and Social Management Plan

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 andrivers 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
to retain 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.

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Annexure ThreeDescription of Existing Socio-Economic Environment

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 12 . FSM wascolonized by 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) 13.
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 2019 14) and the relationship with the USA allows FSM citizens to reside, work and study in the
USA 15.
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 16. The idea of “unity
in diversity” 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 17.
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 and2010, the population has consistently grown from 2010 to 2018. There is internal migration between the states, with the population of
Chuuk declining by 11% between 2000 – 2013 and the population of Pohnpei increasing by 13% over the same period 18. During thesame 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.
12https://www.globalsecurity.org/military/world/oceania/fsm-history.htm
13https://www.bbc.com/news/world-asia-pacific-15494620

14https://www.abc.net.au/radio-australia/programs/pacificbeat/chuuk-independence-vote-pushed-back-another-year/10870644
15https://www.bbc.com/news/world-asia-pacific-15494620

16https://www.everyculture.com/Ma-Ni/Federated-States-of-Micronesia.html

17https://www.abc.net.au/radio-australia/programs/pacificbeat/chuuk-independence-vote-pushed-back-another-year/10870644

18 Source: FSM 2000 Population and Housing Census Report (2002); FSM Division of Statistics and FSM Poverty Profile of FSM (2017, WorldBank)

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 theislands, driven by the geography of the country spread over a vast ocean area, has resulted in different customs, practices andstrategic interests 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 religion 19.

Figure 7provides 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
19

Bank,

2014

Digital FSM Environmental and Social Management Plan
Figure 7 Ethnic Composition (2010) 20:

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 in2017, 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 thehighest estimated rates 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.

20https://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 havewith respect to land is a common feature across all of FSM 21.
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 sensitive 22.
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 landuse. 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 thehigh tide 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 tofor their traditional 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,and to declare unregistered land as Government land. Custom mechanisms for ascertaining land rights have played an importantpart in this process. In Kosrae and Pohnpei, land is both privately and State owned, while aquatic areas are managed by the Stateas public trusts. 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 practices 23. 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 isparticular resistance to projects where land is dug up (e.g. buying services such as water or power). In all States, land cannot
be sold to non-citizens of the FSM 24. Most land and aquatic areas are privately owned and acquired through inheritance, giftor, 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 changed 25. 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 to make the Kosrae land tenure system less rigid, with less rules and regulations, and less difficulties of ownershipconflict and dispute settlement 26.

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
the most developed legal system for administering land, and approximately 60% pf the total land area of Pohnpei has been
declared as “public lands” 27. The Constitution of Pohnpei limits ownership of land to citizens. However, non-citizen individuals
and businesses can obtain land on the basis of long-term leases 28.

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

21Private 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
22https://www.encyclopedia.com/places/australia-and-oceania/pacific-islands-political-geography/micronesia
23Private Lands Conservation in the Federated States of Micronesia, Kevin Doran, University of Colorado Law School, 2004
24 Environmental and Social Framework, FSM Maritime Investment Project, World Bank, 2018
25 Environmental and Social Framework, FSM Maritime Investment Project, World Bank, 2018
26Private Lands Conservation in the Federated States of Micronesia, Kevin Doran, University of Colorado Law School, 2004
27Private Lands Conservation in the Federated States of Micronesia, Kevin Doran, University of Colorado Law School, 2004
28Private Lands Conservation in the Federated States of Micronesia, Kevin Doran, University of Colorado Law School, 2004

Digital FSM Environmental and Social Management Plan
proportion of land. Land use, transfer and ownership rights are still strongly influenced by traditional authority, although this isdiminishing as cadastral surveys, mapping, public registration and issuance of titles are increasingly recognized as providing
greater security of ownership “and of facilitating a rational and fair succession and inheritance of family land. 29

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 significance 30.

b.

Pohnpei has an extant ancient city, Nan Madol, which was built on top of a coral reef in a lagoon, surrounded by water onthree 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 toaround one thousand people, including the nobility who were isolated from the general population and commoners who
served them 31.

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 well asembankments 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 transportation 32.

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 peaked around

29Private Lands Conservation in the Federated States of Micronesia, Kevin Doran, University of Colorado Law School, 200430http://www.unesco.org/new/en/culture/themes/underwater-cultural-heritage/dynamic-content-single-

view/news/federate_states_of_micronesia_first_pacific_ocean_nation_to/
31https://www.globalsecurity.org/military/world/oceania/fsm-history.htm
32https://www.globalsecurity.org/military/world/oceania/fsm-history.htm

Digital FSM Environmental and Social Management Plan
the 14th and 15th centuries, as a kingdom similar to Tonga or Hawaii. The King and aristocracy lived in the center behindhigh 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 33

Gender
A separate gender specialist is being engaged by the World Bank to evaluate gender on this project. As such the reports developedby this separate assessment will need to be reviewed and incorporated into this document. As poor households are more likely to befemale-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 otherdimensions of disadvantage.

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
and depopulation in the colonial period eroded the powerbase of traditional leaders, which depended on a large labor-force to worklands. The coral atolls are generally more egalitarian, and place more emphasis on specialized knowledge and achievement, though
age and gender are still important social markers. Churches are now focal points of community interaction, though especially in Yap,
men’s houses that were formerly the centers of village power are maintained as meeting places and uphold traditional arts andculture.

33https://en.wikipedia.org/wiki/Leluh_archaeological_site

Households and Housing Characteristics

Digital FSM Environmental and Social Management Plan

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 headedhouseholds 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
than men 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
were college graduates. This rose to 11.8% in 2010. 91. Due to the multiplicity of indigenous languages and dialects, which thoughrelated, are not always easily mutually intelligible, English has been adopted as the sole official language, and is the medium of
instruction in high 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 Land Use Agreement Template

Annexure Five 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 ata 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 Contractorwill 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 FSMProject 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 orneeded)deleteas

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
theoff-island
disposal site and the process
for collection, storage andeventual disposal

Annexure Eight Chance Finds Procedure

Digital FSM Environmental and Social Management Plan

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 writing by
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.

Annexure Nine Standard Contract Clauses

Digital FSM Environmental and Social Management Plan

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 andregular update and supervision of the
CESMP. The Environmental, Occupational Health and Safety Officer is responsible for the daily supervision and monitoring of theContractors 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 theviolation of 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.

Digital FSM Environmental and Social Management Plan
Always use the terms ‘will’ and ‘must’, rather than ‘should’ or ‘may’ when committing to carry out management actions;f.

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
such as 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
each stage 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 issufficient. 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.

Digital FSM Environmental and Social Management Plan
The CESMP should describe the training to be implemented and could include:a.

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 and otherdetails 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.

Standard Clauses

Digital FSM Environmental and Social Management Plan

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 to protect 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 and the 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 specifictasks 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
posting of 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 developedby 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 thecontracting 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 Teamcompliant 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 bemade as 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
and time of exposure of excavated areas, preservation of existing ground cover to the extent possible, provision of approved groundcover and 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
and flooding. 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 slopesand excavated areas must be monitored for movement.
The contractor will establish appropriate erosion and sediment control measures such as hay bales, sedimentation basins, and / orsilt fences and traps to prevent sediment from moving off site and causing excessive turbidity in nearby streams, rivers, wetlands,
and coastal 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 regularintervals 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 forplanned disruptions, and shall include consideration for alternative access routes, access to essential services such as medical,
disaster evacuation, 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 times of
livestock movement.

Under no circumstances shall the contractor permit the collection of standing water as a consequence of contractor activities toensure that 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 EESMPforapproval 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 violenceand violence against children, manage alcohol consumption and avoid the use of illegal substances, and abide by cultural and social
norms of 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
expected behaviors of the staff in their interactions with these communities.Gender based violence and HIV Aids and communicabledisease awareness 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.

Annexure Ten Codes of Conduct

Digital FSM Environmental and Social Management Plan

Contractor Code of Conduct – Environment, Social, Health and Safety and Occupational
Health and 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 non-discrimination.

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 and suppliers.

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 wellas 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, atworker’s camps or within the local community.

c.

Sexual harassment of work personnel and staff (e.g. making unwelcome sexual advances, requests for sexual favors, andother verbal or physical conduct of a sexual nature) are acts of GBV and are prohibited.

d.

Digital FSM Environmental and Social Management Plan
Sexual favors (e.g. making promises of favorable treatment such as promotions, threats of unfavorable treatment such as
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 34 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, and inin public areas of the workspace. Examples of areas include waiting, rest and lobby areas of sites, canteen areas andhealth 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 from theclient, 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 Redress Mechanism (Section 4.3
Action Plan);(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.

i.

Ensuring that all employees attend a mandatory training course once a month for the duration of the contract starting fromthe 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.

34Consent: 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 theChild, 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 not a defense.

Digital FSM Environmental and Social Management Plan
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,
and to 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 Redress Mechanism (GRM)

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.

g.

Digital FSM Environmental and Social Management Plan
Report and act in accordance with the agreed response protocol any suspected or actual acts of GBV.

h.

Ensure that any major ESHS or OHS incidents are reported to the client and the supervision engineer immediately, nonmajor 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.

Traininga.

The managers are responsible to:(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 ensure thatthey 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 thenecessary 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:

e.

(i)

OHS and ESHS; and,(ii)

GBV required of all employees.

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:

c.

(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
a conflict 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
immediately

Managers failing address ESHS or OHS incidents or failing to report or comply with the GBV provisions may be subject todisciplinary measures, to be determined and enacted by the Company’s CEO, Managing Director or equivalent highestranking 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 that any action inconsistent with this Manager’s Code of Conduct or failure to act mandated by this Manager’s Code of
Conduct may result in 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 thework site, the work site surroundings, at workers’ camps, or the surrounding communities—constitute acts of gross misconduct andare 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 some instances,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 consent 35 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 tochildren 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.

35Consent 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
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 Codeof Conduct is introduced has a lower age. Mistaken belief regarding the age of the child and consent fromthe child is not a 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 or inphysical danger.

d.

Not use any computers, mobile phones, video and digital cameras or any other medium to exploit or harass children or toaccess 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 for reproducing
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 a vulnerable
or submissive manner. Children should be adequately clothed and not in poses that could be seen as sexuallysuggestive.

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. Any such actions will be a breach this Individual Code of Conduct. I do hereby acknowledge that I have read the foregoing
Individual Code of Conduct, do agree to comply with the standards contained therein and understand my roles and responsibilities toprevent and respond 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:_________________________