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ENVIRONMENTAL AND SOCIAL SAFEGUARD Published Date : PROCEDURE FOR FIP2 Latest Revision : ENVIRONMENTAL AND SOCIAL SAFEGUARD PROCEDURE FOR FOREST INVESTMENT PROGRAM II Prepared by, Arifien Sutrisno (Senior Environmental Safeguard Specialist) Fazrin Rahmadani (Senior Social Safeguard Specialist) 2018 ENVIRONMENTAL AND SOCIAL SAFEGUARD Published Date : PROCEDURE FOR FIP2 Latest Revision : ENVIRONMENTAL AND SOCIAL SAFEGUARD PROCEDURE FOR FOREST INVESTMENT PROGRAM – 2 CHAPTER I INTRODUCTION 1. Background Forest Investment Programme II, here in after called “the Project" is a Project supporting by the World Bank and DANIDA which was Promoting Sustainable Community Based Natural Resource Management and Institutional Development. To achieve the above purposes, the Project is committed to managing its environmentally-and- socially-friendly business activities. This Environmental and Social Safeguard (ESS) Procedure was prepared by the Project to provide guidance in implementing the ESS guidelines, in order for activities, project development, and consulting service provision for FMU Development projects to comply with the environmental, occupational health and safety and social stipulation and requirements in Indonesia. 2. Purpose and Objectives ESS Procedure for Projects is used as a reference for the Project in implementing and activities, project development, and consulting service provision for the projects which involve the multilateral funds and cooperation. The Project is committed to minimizing, if not avoiding, any adverse environmental or social impacts. This ESS Procedure guides in providing advice to the projects, i.e. local governments, private sector in avoiding, and/or minimizing any potential adverse environmental and social impacts, and develop and implement measures to address such impacts in accordance with the Project Environmental and Social Safeguards, Indonesian Laws and Regulations, and International Standards. This ESS Procedure details the environmental and social safeguard policies, principles, procedures and requirements, institutional arrangements, and workflows for the Project to avoid, minimize, or mitigate any adverse social or environmental impacts of the projects. ENVIRONMENTAL AND SOCIAL SAFEGUARD Published Date : PROCEDURE FOR FIP2 Latest Revision : 3. Legal Basis ESS Procedure has been designed based on a set of applicable Indonesian laws and regulations related to social and environmental protection, The Project’s ESS (Environmental and Social Safeguards) and International Standards including IFC Principles Standards, World Bank Safeguards Policies, ABD Safeguard Policy Statement. Indonesian laws and regulations: 1. Act No. 5/1960 Agrarian Basic Principles. 2. Act No. 41/1999 on Forestry (plus Constitutional Court Decision No. 35/PUU-X/2012) 3. Act No. 24/2007 Disaster Management 4. Act No. 32/ 2009 Environmental Protection and Environmental Management\ 5. Act No. 2/2012 Land Acquisition for Project Activity for Public Interest 6. Act No. 18/2013 Prevention and Control of Deforestation (UUP3H). 7. Government Regulation No. 41/1999 Air Pollution Control 8. Government Regulation No. 82/2001 Water Quality Management and Pollution Control. 9. Government Resolution No. 27/2012 Environmental Permits 10. Government Regulation No. 101/2014 Hazardous Waste Management 11. Minister of the Environment Regulation No. 05/2012 Types of Business and/or Activities Mandated to Undertake Environmental Impact Assessment (AMDAL). 12. Presidential Regulation No. 71/2012, 40/2014, 99/2014, 30/2015 Land acquisition for Project Activity for Public Interest 13. Regulation of Ministry of Forestry No. P.39/Menhut-II/2013 Empowerment of Local Communities through Forest Partnerships 14. Ministerial Regulation of MOH No. P.62/2013 Establishment of Forest Area 15. MOHA Regulation No. 52/2014 Guidelines on the Recognition and Protection of MHA 16. Regulation of the Minister of Land Agency and Spatial Development No. 9/2015 Procedures to Establish the Land Communal Rights on MHA Land and Community Living in Special Areas; 17. Regulation of Head of BPN RI No. 5/2012 Technical Guidelines on the Implementation of Land Acquisition World Bank’s Safeguards Operational Policies 1. OP 4.01 Environmental Assessment 2. OP 4.04 Natural Habitats 3. OP 4.09 Pest Management 4. OP 4.11 Physical Cultural Resources 5. OP 4.12 Involuntary Resettlement 6. OP 4.10 Indigenous Peoples 7. OP 4.36 Forests ENVIRONMENTAL AND SOCIAL SAFEGUARD Published Date : PROCEDURE FOR FIP2 Latest Revision : 8. OP 4.37 Safety of Dam 9. OP/BP 4.20: The Bank Operational Policy Focused Specifically on Gender and Development 10. World Bank Group General EHS Guidelines and Industry Sector Guidelines 11. The World Bank Gender and Development Policy Framework – A Guidance Note It is important to ensure gender-sensitive development impact and gender aspects of the needs of beneficiary recipients being amongst the initial criteria for assessing programme or project proposals of the initial investment framework. To assure gender equity applied for each proposed activities, gender-sensitive framework and action plan, with indicators on mitigation and adaptation, are needed to be built for monitoring process. It is necessary to underline that by including gender sensitivity in its mandate and by taking steps to adopt a gender framework and action plan from the onset of its activities, the projects will be viewed as adding considerable value to climate change initiatives. The Gender Action Plan is to be implemented and monitored in the company activities and draw down to project level in each stage. Indicators should be applied in order to monitor the implementation process. Below are the summary indicators for reporting purpose: More description is in APPENDIX III. 4. Application of ESS Procedure This Procedure applies to all projects that seeking for the project funding. The application of the Procedure begins right at the time of loan application submission, and is relevant through the appraisal, disbursement (implementation), and subproject monitoring stages. 5. Exception If any exception to this procedure is required in certain conditions, such exceptions should accordingly be approved by the NPM/EA. If necessary, the NPM/EA may request a review in advance from the Project Safeguard Team. The above-mentioned exceptions should be based on the analysis result of transactions or activities, should pay attention to the risk factors which are possible to happen, and should consider the managerial aspects closely related to the project interests.
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